The prayer was offered by the Chaplain, Reverend Gary Wileman, followed by the Pledge
of Allegiance led by Senate page Kristin Wileman.
Roll Call: All members present except Sens. Buhl and Krebs who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-sixth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The President introduced Natalie Prins, the 2012 South Dakota 4-H Rodeo Ambassador
from Sisseton, South Dakota, to the body .
The Committee on Education respectfully reports that it has had under consideration
HB 1164 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB 1128 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1028 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1029 and returns the same with the recommendation that said bill do
pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1048 and returns the same with the recommendation that said bill be
amended as follows:
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1058 and returns the same with the recommendation that said bill be
amended as follows:
"Section 143. That § 40-15-27 be amended to read as follows:
40-15-27. Every livestock agency shall keep complete records on forms approved by the
Animal Industry Board containing as prescribed by the Animal Industry Board in rules
promulgated pursuant to chapter 1-26. Such information may include the names of all persons
or organizations bringing to or offering livestock for sale at such the agency, any livestock,
together with and a complete description of such the livestock including the approximate age
and weight, sex, color, marks, brands, and flesh marks thereon. The record shall include the
license number of any motor vehicle bringing livestock to such agency or its vicinity for
delivery to it. Such records shall clearly show the name and address of the person or firm for
whom such animals were sold and the descriptions of such animals as prescribed by the Animal
Industry Board to fulfill the intent of this chapter. A violation of this section is a petty offense.
Each violation is a separate offense.
Section 144. That § 40-15-28 be amended to read as follows:
40-15-28. The records required by § 40-15-27 shall be open for inspection at any reasonable
time to any person interested as prescribed by the Animal Industry Board in rules promulgated
pursuant to chapter 1-26 to fulfill the intent of this chapter. Every livestock auction agency shall
keep and preserve all records for at least three years and shall furnish copies thereof to peace
officers without charge and to any other person upon payment of reasonable charge for making
such copy. "
MESSAGES FROM THE HOUSE
I have the honor to transmit herewith HB 1045, 1060, 1080, 1137, 1142, 1143, 1149, 1161,
1165, 1184, 1204, 1212, 1226, 1235, and 1237 which have passed the House and your favorable
consideration is respectfully requested.
I have the honor to transmit herewith HCR 1007 and 1008 which have been adopted by the
House and your concurrence is respectfully requested.
SCR 3: A CONCURRENT RESOLUTION, Urging the members of the South Dakota
Congressional delegation to sponsor and support legislation granting states the authority to
require sellers, regardless of nexus, to collect sales and use taxes if certain tax simplification and
streamlining thresholds are met by the states.
Was read the second time.
Sen. Lucas moved that SCR 3 as found on page 483 of the Senate Journal be adopted.
The question being on Sen. Lucas' motion that SCR 3 be adopted.
And the roll being called:
Yeas 29, Nays 2, Excused 4, Absent 0
Nays:
Lederman; Omdahl
Excused:
Buhl; Krebs; Peters; Tidemann
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 3 was adopted.
Sen. Olson moved that HB 1019, 1020, and 1163 be deferred to Friday, February 22, the
28th legislative day.
Which motion prevailed.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on
Friday, February 22, the 28th legislative day.
Which motion prevailed.
HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
alternative apportionment methods available for determination of the bank franchise tax.
Was read the first time and referred to the Committee on State Affairs.
HB 1060: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act
for fiscal year 2013.
Was read the first time and referred to the Committee on Appropriations.
HB 1080: FOR AN ACT ENTITLED, An Act to include certain speeding offenses in the
point system for traffic violations for the purposes of driver license records.
HB 1137: FOR AN ACT ENTITLED, An Act to impact education in South Dakota.
Was read the first time and referred to the Committee on State Affairs.
HB 1142: FOR AN ACT ENTITLED, An Act to promote patient choice in selecting health
care providers.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1143: FOR AN ACT ENTITLED, An Act to create a leased residential property
classification and to establish the school district general fund levy for the property classification.
Was read the first time and referred to the Committee on Taxation.
HB 1149: FOR AN ACT ENTITLED, An Act to revise and clarify requirements relating
to limits of small game and fish taken by small game hunting parties and fishing parties.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1161: FOR AN ACT ENTITLED, An Act to establish and provide certain incentives
for projects that create new jobs or promote economic activity and to establish the rural
economic development partnership program.
Was read the first time and referred to the Committee on State Affairs.
HB 1165: FOR AN ACT ENTITLED, An Act to revise certain property tax levies for the
general fund of school districts.
Was read the first time and referred to the Committee on State Affairs.
HB 1184: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department
of Game, Fish and Parks to fund certain improvements to the state park system.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Education.
HB 1212: FOR AN ACT ENTITLED, An Act to increase the expense allowances of
legislators.
Was read the first time and referred to the Committee on State Affairs.
HB 1226: FOR AN ACT ENTITLED, An Act to provide remedies for assets omitted from
the division of property in the entry of a divorce decree.
Was read the first time and referred to the Committee on Judiciary.
HB 1235: FOR AN ACT ENTITLED, An Act to continue the Regional Watershed
Advisory Task Force under the supervision of the Executive Board of the Legislative Research
Council in a manner to save public financial resources.
Was read the first time and referred to the Committee on State Affairs.
HB 1237: FOR AN ACT ENTITLED, An Act to revise certain provisions to abortion
counseling.
Was read the first time and referred to the Committee on State Affairs.
HB 1076: FOR AN ACT ENTITLED, An Act to repeal the requirement to separately
publish certain information concerning county poor relief from the minutes of the county
commissions.
Was read the second time.
The question being "Shall HB 1076 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1078: FOR AN ACT ENTITLED, An Act to revise the location where certain county
highway maps may be filed.
Was read the second time.
The question being "Shall HB 1078 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1099: FOR AN ACT ENTITLED, An Act to authorize municipalities to pay for certain
services in advance.
Was read the second time.
The question being "Shall HB 1099 pass?"
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
drainage utility fees in municipalities.
Was read the second time.
The question being "Shall HB 1107 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1117: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary
special events lot for the purposes of vehicle dealer licensing.
Was read the second time.
The question being "Shall HB 1117 pass?"
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1039: FOR AN ACT ENTITLED, An Act to clarify the gross receipts subject to
taxation by the retail sales and service tax, the gross receipts tax on visitor related businesses,
the municipal non-ad valorem tax, and the municipal gross receipts tax.
Was read the second time.
The question being "Shall HB 1039 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1067: FOR AN ACT ENTITLED, An Act to designate POW/MIA Recognition Day
as a working holiday.
The question being "Shall HB 1067 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1084: FOR AN ACT ENTITLED, An Act to designate Purple Heart Recognition Day
as a working holiday.
Was read the second time.
The question being "Shall HB 1084 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1091: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the
labeling of motor fuel at a retail fuel pump.
Was read the second time.
"Section 8. Whereas, this Act is necessary for the immediate preservation of the public
peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval."
The question being "Shall HB 1091 pass as amended?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.
The question being on the title.
HB 1011: FOR AN ACT ENTITLED, An Act to authorize the Board of Hearing Aid
Dispensers and Audiologists to establish a thirty day trial period for the sale of hearing aids.
Was read the second time.
The question being "Shall HB 1011 pass?"
And the roll being called:
Yeas 23, Nays 8, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jones; Kirkeby; Lederman; Lucas; Maher; Novstrup (Al); Rave; Rhoden; Soholt; Sutton;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Ewing; Jensen; Johnston; Monroe; Olson (Russell); Omdahl; Otten (Ernie); Rampelberg
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1071: FOR AN ACT ENTITLED, An Act to revise the contents of the application for
the discharge of a civil judgment debt discharged in bankruptcy.
Was read the second time.
The question being "Shall HB 1071 pass?"
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1072: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing a
criminal penalty for a political party to endorse or nominate a judicial candidate.
Was read the second time.
The question being "Shall HB 1072 pass?"
And the roll being called:
Yeas 29, Nays 2, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tieszen; Van
Gerpen; Welke; White
Nays:
Bradford; Vehle
Excused:
Buhl; Krebs; Peters; Tidemann
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1073: FOR AN ACT ENTITLED, An Act to establish a procedure for the
determination of the competency of a juvenile to proceed in a juvenile court matter.
Was read the second time.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1074: FOR AN ACT ENTITLED, An Act to define the insurer's responsibilities
concerning health insurance policies in relation to the eligibility of minor dependents for
coverage.
Was read the second time.
The question being "Shall HB 1074 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1125: FOR AN ACT ENTITLED, An Act to allow perpetual care and maintenance
guarantee funds for cemeteries to be administered by cemetery corporations.
Sen. Rhoden moved that HB 1125 be laid on the table.
The question being on Sen. Rhoden's motion that HB 1125 be laid on the table.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1127: FOR AN ACT ENTITLED, An Act to provide for certain use of income and
principal from a perpetual care and maintenance guarantee fund for cemeteries.
Was read the second time.
47-29-22. A cemetery corporation also has power:
Section 2. That chapter 55-12 be amended by adding thereto a NEW SECTION to read as
follows:
The question being "Shall HB 1127 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Bradford
Excused:
Buhl; Krebs
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
failure to fulfill the responsibilities of jury duty.
Was read the second time.
The question being "Shall HB 1070 pass as amended?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell);
Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; White
Nays:
Bradford; Lucas; Rhoden; Welke
Excused:
Buhl; Krebs
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1035: FOR AN ACT ENTITLED, An Act to allow electronic submission and record
keeping of placed in service reports.
Was read the second time.
The question being "Shall HB 1035 pass?"
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1153: FOR AN ACT ENTITLED, An Act to exempt certain environmental upgrade
values from assessment during construction and to provide a sunset clause for the environmental
upgrade exemption.
Was read the second time.
The question being "Shall HB 1153 pass as amended?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell);
Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
Nays:
Lucas
Excused:
Buhl; Holien; Krebs
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall HB 1069 pass?"
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Nays:
Jensen; Otten (Ernie)
Excused:
Buhl; Krebs
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
HB 1001: FOR AN ACT ENTITLED, An Act to require mineral developers to give notice
to surface owners before entering the land.
Was read the second time.
The question being "Shall HB 1001 pass as amended?"
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Olson (Russell);
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Nays:
Novstrup (Al); Omdahl
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1002: FOR AN ACT ENTITLED, An Act to provide for the creation of a trust account
for unlocatable mineral interest owners.
Was read the second time.
The question being "Shall HB 1002 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Krebs
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1003: FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture
mediation program.
Was read the second time.
The question being "Shall HB 1003 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1004: FOR AN ACT ENTITLED, An Act to provide for the award of treble damages
in certain surface depredation cases.
Was read the second time.
The question being "Shall HB 1004 pass as amended?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Novstrup (Al); Olson (Russell);
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Van Gerpen;
Vehle; Welke; White
Nays:
Jensen; Monroe; Omdahl; Tieszen
Excused:
Buhl; Krebs
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Sen. Olson moved that the balance of the calendar including HB 1079, 1101, 1118, 1030,
1180, and 1239 be deferred to Friday, February 22, the 28th legislative day.
Which motion prevailed.
The President publicly read the title to
HB 1086: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
publication of certain records by cooperatives.
HB 1140: FOR AN ACT ENTITLED, An Act to revise the schedule for payment of excise
taxes for farm wineries.
And signed the same in the presence of the Senate.
Sen. Rhoden moved that the Senate do now adjourn, which motion prevailed and at
4:12 p.m. the Senate adjourned.