JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION




NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 28, 2014

    The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Deacon Denny Davis, followed by the Pledge of Allegiance led by Senate page Jordan Hanson.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the eighth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Corey Brown, Chair

    Which motion prevailed.
    The oath of office was administered by the President to the following named persons:

            Pages _ Chelsie Beyl, Gina Elmore, Jordan Hanson, Jacey Jessop, Alexis Logue, Bailee Matucha, Alex McLaury, Jason Samuelsen, Jacob Schoenbeck, Lorisa Schoenbeck, Alexis Schubert

    Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

August 14, 2013

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J, of the South Dakota Codified Laws and subject to your consent, I am honored to inform you that I have appointed David R. Emery, Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective immediately, and shall continue until January 19, 2015

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

January 16, 2014

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I am honored to inform you that I have appointed William S. Phillips, Meade County, New Underwood, South Dakota, to the Game, Fish and Parks Commission.



    This appointment is effective immediately, and shall continue until January 10, 2016.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 76 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 the nomination of Lucas Lentsch of Pierre, South Dakota, to the position of Secretary of the Department of Agriculture and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Marilyn Hoyt of Beadle County, Huron, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Glenna N. Fouberg of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.


Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Kevin V. Schieffer of Lincoln County, Sioux Falls, South Dakota, to the South Dakota State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Joseph Schartz of Minnehaha County, Humboldt, South Dakota, to the South Dakota State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Bob L. Sutton of Hughes County, Pierre, South Dakota, to the South Dakota State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Ryan Maher, Vice-Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 5 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 Judiciary respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

2ja

    On page 1, line 6, of the printed bill, delete "may" and insert "is required to".

    On page 1, line 9, delete everything after "for" .

    On page 1, delete line 10, and insert "a nonviolent misdemeanor offense; and".

    On page 1, line 11, after "child" insert "who is present at the time".
    On page 1, after line 13, insert:

    "The decision of an officer to arrest or not to arrest a victim on an outstanding warrant does not constitute a cause of action against the officer, the law enforcement agency, the employing entity, or any of the employing entity's employees.".


    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 7 and returns the same with the recommendation that said bill be amended as follows:

7ja

    On page 5, after line 21 of the printed bill, insert:

    "Section 9. That § 23A-28C-4 be amended to read as follows:

    23A-28C-4. For the purposes of this chapter, the term, victim, means any person being the direct subject of an alleged act, which would constitute a crime of violence as defined by subdivision 22-1-2(9), simple assault between family or household members against a protected person as defined in subdivision 25-10-1(2), stalking as defined in chapter 22-19A, a violation of chapter 22-22, or a driving under the influence vehicle accident, under the laws of South Dakota or the laws of the United States. If the victim does not survive such act or is unable to comment, the term, victim, means the members of the immediate family of the primary victim. ".


    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

3ja

    On page 2, line 5, of the printed bill, overstrike everything after "." .

    On page 2, overstrike line 6.

    And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair


MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 29 and returns the same with the recommendation that said bill be amended as follows:

29ta

    On page 5, line 16, of the printed bill, delete "definition".

    On page 5, line 16, delete "§" and insert "ARSD chapter 77:04:12;".

    On page 5, delete line 17.

    On page 5, line 19, delete everything before "designated" .

    On page 5, line 21, delete "§ 44:02:10:34" and insert "section 15 of this Act".

    On page 6, line 8, delete "definition".

    On page 6, line 8, delete "§ 74:04:12:01" and insert "ARSD chapter 77:04:12".

    On page 10, line 8, delete "June 23, 2004" and insert "July 1, 2013".

    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of James S. Towler of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Ronald Wheeler of Lawrence County, Lead, South Dakota, to the South Dakota Science and Technology Authority, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Marcia Hultman of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Labor and Regulation, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 72 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Dan Lederman, Vice-Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1055, 1056, 1059, 1061, and 1064 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1004 and 1005 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk


MOTIONS AND RESOLUTIONS

    HCR 1004: A CONCURRENT RESOLUTION, Recognizing Hot Springs as "The Veterans Town."

    Was read the first time, the President waived the referral to committee, and placed HCR 1004 on the calendar of Wednesday, January 29, the 10th legislative day.


    HCR 1005: A CONCURRENT RESOLUTION, Urging Congress and the President to secure the blessings of life and liberty for our posterity.

    Was read the first time and referred to the Committee on Health and Human Services.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Gloria Pearson of Yankton County, Yankton, South Dakota, to the position of Secretary of the Department of Human Services.

    The question being "Does the Senate advise and consent to the executive appointment of Gloria Pearson pursuant to the executive message as found on page 72 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 89 Introduced by: The Committee on Health and Human Services at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the medical department of the National Guard.

    Was read the first time and referred to the Committee on Health and Human Services.

    SB 90 Introduced by: Senators Brown, Holien, Lederman, Maher, Novstrup (Al), Peters, Rave, Tidemann, Tieszen, Van Gerpen, and White and Representatives Gosch, Bolin, Cronin, Hoffman, Lust, Mickelson, Novstrup (David), and Romkema


    FOR AN ACT ENTITLED, An Act to revise certain provisions related to the High School Activities Association.

    Was read the first time and referred to the Committee on State Affairs.

    SB 91 Introduced by: Senators Krebs, Buhl O'Donnell, and Ewing and Representatives Erickson and Heinert

    FOR AN ACT ENTITLED, An Act to revise certain licensure definitions and provide certain regulatory powers to municipalities.

    Was read the first time and referred to the Committee on Local Government.

    SB 92 Introduced by: Senator Maher and Representative Rounds

    FOR AN ACT ENTITLED, An Act to require nondiscriminatory pricing between malt beverage suppliers and malt beverage wholesalers.

    Was read the first time and referred to the Committee on Commerce and Energy.

    SB 93 Introduced by: Senator Vehle and Representative Verchio

    FOR AN ACT ENTITLED, An Act to define liquid natural gas, to revise certain provisions regarding the collection of the motor fuel tax, and to apply motor fuel tax to all fuels used to propel a motor vehicle.

    Was read the first time and referred to the Committee on Transportation.

    SB 94 Introduced by: Senators Rave, Bradford, Brown, Jones (Chuck), Jones (Tom), Lederman, Lucas, Maher, Rampelberg, Tidemann, and Welke and Representatives Cronin, Bartling, Duvall, Feickert, Gibson, Johns, Lust, Munsterman, Ring, and Tyler

    FOR AN ACT ENTITLED, An Act to appropriate money in order to fund the fiscal year 2014 health insurance shortfall for Board of Regents employees compensated from tuition, fees, and other funds, and to declare an emergency.

    Was read the first time and referred to the Committee on Appropriations.

    SB 95 Introduced by: Senators Vehle and Ewing and Representatives Verchio and Duvall

    FOR AN ACT ENTITLED, An Act to revise certain vehicle dealer licensing provisions.



    Was read the first time and referred to the Committee on Transportation.

    SB 96 Introduced by: Senators Tieszen, Brown, Jones (Tom), Kirkeby, Novstrup (Al), Omdahl, and Rampelberg and Representatives Rozum, Bartling, Duvall, Kaiser, Kirschman, and Solum

    FOR AN ACT ENTITLED, An Act to exempt certain purchases for law enforcement, fire protection, and emergency medical and transport services from the general provisions regarding procurement of public safety equipment for the state and its political subdivisions.

    Was read the first time and referred to the Committee on Judiciary.

    SB 97 Introduced by: Senators Novstrup (Al), Brown, Heineman (Phyllis), Jones (Chuck), Kirkeby, Krebs, and Maher and Representatives Greenfield, Ecklund, Hawley, Hunhoff (Bernie), Kaiser, Munsterman, Schaefer, and Steele

    FOR AN ACT ENTITLED, An Act to revoke professional or trade licensure obtained through fraudulent degrees.

    Was read the first time and referred to the Committee on Education.

    SB 98 Introduced by: Senators Ewing, Frerichs, Kirkeby, Monroe, and Tieszen and Representatives Romkema, Bartling, Gosch, Hoffman, Johns, Magstadt, Olson (Betty), and Verchio

    FOR AN ACT ENTITLED, An Act to allow certain municipalities to charge a higher occupational tax.

    Was read the first time and referred to the Committee on Taxation.

    SB 99 Introduced by: Senator Rave and Representative Lust

    FOR AN ACT ENTITLED, An Act to affect insurance.

    Was read the first time and referred to the Committee on State Affairs.

    SB 100 Introduced by: Senators Jones (Chuck), Jones (Tom), and Kirkeby and Representatives Langer, Anderson, Erickson, Greenfield, Heinemann (Leslie), Kirschman, Mickelson, Novstrup (David), and Solum


    FOR AN ACT ENTITLED, An Act to provide for the filling of a vacancy if no person is elected to succeed an elected official in municipalities.

    Was read the first time and referred to the Committee on Local Government.

    SB 101 Introduced by: Senators Monroe, Jensen, Lederman, Otten (Ernie), Rampelberg, and Van Gerpen and Representatives Greenfield, Craig, Haggar (Don), Haggar (Jenna), Schoenfish, Steele, and Wick

    FOR AN ACT ENTITLED, An Act to ensure that a teacher may provide instruction in the area of personhood before birth.

    Was read the first time and referred to the Committee on Education.

    SB 102 Introduced by: Senators Begalka, Bradford, Kirkeby, Lederman, Tieszen, and Vehle and Representatives Erickson, Feinstein, Gosch, Hajek, Johns, and Stevens

    FOR AN ACT ENTITLED, An Act to provide that, upon completion of certain proceedings, magistrate judges may return or dispose of property taken in as evidence.

    Was read the first time and referred to the Committee on Judiciary.

    SB 103 Introduced by: Senators Vehle, Begalka, Ewing, Frerichs, Krebs, Omdahl, Otten (Ernie), Van Gerpen, and Welke and Representatives Rozum, Bartling, Hickey, Hoffman, Peterson, Rounds, Tulson, Tyler, and Verchio

    FOR AN ACT ENTITLED, An Act to establish certain civil penalties for tampering or removing any highway marker, sign, or control device and to distribute the revenue from such civil penalties.

    Was read the first time and referred to the Committee on Transportation.

    SB 104 Introduced by: Senators Frerichs, Krebs, Maher, and Tidemann and Representatives Feickert, Heinert, Peterson, Schaefer, and Werner

    FOR AN ACT ENTITLED, An Act to authorize the hunting of coyotes using artificial light under certain conditions.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.


    SB 105 Introduced by: Senators Frerichs, Buhl O'Donnell, and Lucas and Representatives Heinert and Munsterman

    FOR AN ACT ENTITLED, An Act to enable persons completing certain state and local government forms to decline to specify the person's race on the form.

    Was read the first time and referred to the Committee on Local Government.

    SB 106 Introduced by: Senators Rave, Otten (Ernie), and Peters and Representatives Otten (Herman), Hickey, Hoffman, Magstadt, Rozum, Sly, and Wick

    FOR AN ACT ENTITLED, An Act to identify criteria to deny a minor boundary change.

    Was read the first time and referred to the Committee on Education.

    The following bill was read on January 15, and today the President Pro tempore assigned this bill to committee.

    SB 23 was referred to the Committee on Judiciary.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

    Was read the first time and referred to the Committee on Taxation.

    HB 1056: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the taxation, the licensing, and the regulation of motor vehicles.

    Was read the first time and referred to the Committee on Transportation.

    HB 1059: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption of mass transit motor vehicles from licensing and registration fees and the motor vehicle excise tax.

    Was read the first time and referred to the Committee on Transportation.


    HB 1061: FOR AN ACT ENTITLED, An Act to include limited liability companies in certain provisions regarding the licensing of boats and motor vehicles and certain provisions regarding the dealers and manufacturers of certain vehicles, manufactured homes, and mobile homes.

    Was read the first time and referred to the Committee on Commerce and Energy.

    HB 1064: FOR AN ACT ENTITLED, An Act to repeal certain obsolete provisions and references concerning weather modification programs.

    Was read the first time and referred to the Committee on Local Government.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 55: FOR AN ACT ENTITLED, An Act to repeal the contractor's excise tax on certain new or expanded power production facilities.

    Was read the second time.

    The question being "Shall SB 55 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; 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.

    SB 70: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2013.

    Was read the second time.

    The question being "Shall SB 70 pass?"

    And the roll being called:


    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; 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.

    SB 71: FOR AN ACT ENTITLED, An Act to allow the contract for the publication of the codified laws to be extended for more than one year.

    Was read the second time.

    The question being "Shall SB 71 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; 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.

    SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the Board of Examiners of Counselors and Marriage and Family Therapists.

    Was read the second time.

    The question being "Shall SB 14 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0


    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning applications for absentee ballot and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 34 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    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.

    SB 35: FOR AN ACT ENTITLED, An Act to revise the conditions for which certain elections may be delayed for an emergency situation and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 35 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0


    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    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.

    SB 48: FOR AN ACT ENTITLED, An Act to require appraisal management companies to maintain a surety bond or irrevocable letter of credit.

    Was read the second time.

    The question being "Shall SB 48 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; 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.

    SB 52: FOR AN ACT ENTITLED, An Act to authorize the informal settlement of insurance examinations.

    Was read the second time.

    The question being "Shall SB 52 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0


    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; 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.

    SB 22: FOR AN ACT ENTITLED, An Act to authorize the issuance of citations for certain livestock inspection violations.

    Was read the second time.

    The question being "Shall SB 22 pass?"

    And the roll being called:

    Yeas 29, Nays 6, Excused 0, Absent 0

    Yeas:
Begalka; Brown; Buhl O'Donnell; Curd; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Bradford; Frerichs; Jones (Tom); Lucas; Sutton; Welke

    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.

    SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection and setting of 24/7 sobriety program fees and regarding the monitoring of ignition interlock testing.

    Was read the second time.

    The question being "Shall SB 21 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0


    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Maher

    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.

    SB 24: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to pseudoephedrine, ephedrine, or phenylpropanolamine sales.

    Was read the second time.

    The question being "Shall SB 24 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Maher; Otten (Ernie)

    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.

    SB 27: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 27 pass?"

    And the roll being called:



    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    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.

    SB 31: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians who have complied with the requirements of the recruitment assistance program and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 31 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Excused:
Jones (Tom)

    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.

    SB 32: FOR AN ACT ENTITLED, An Act to revise previous appropriations for National Guard armory construction, to make an appropriation for a land purchase adjacent to the Watertown armory, and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 32 pass?"

    And the roll being called:



    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Excused:
Jones (Tom)

    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.

    SB 12: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

    Was read the second time.

    The question being "Shall SB 12 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Excused:
Jones (Tom)

    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. Holien moved that the Senate do now adjourn, which motion prevailed and at 3:27 p.m. the Senate adjourned.

Jeannette Schipper, Secretary