Senate Journal 2/13/2008 02:00 PM

The Committee on Taxation respectfully reports that it has had under consideration HB 1017 and returns the same with the recommendation that said bill do pass.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

Respectfully submitted,
Kenneth McNenny, Chair

The Committee on Local Government respectfully reports that it has had under consideration HB 1232 which was tabled.

Respectfully submitted,
Kenneth Albers, Chair

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1003 and HB 1123, 1247, and 1250 and returns the same with the recommendation that said bills and resolution do pass.

The Committee on State Affairs respectfully reports that it has had under consideration HB 1015 and 1041 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

The Committee on State Affairs respectfully reports that it has had under consideration SCR 9 and returns the same with the recommendation that said resolution be adopted.

The Committee on State Affairs respectfully reports that it has had under consideration SCR 3 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

On page 1, line 7, of the House Judiciary Committee engrossed bill, after "issues." insert "The Supreme Court may promulgate rules pursuant to § 16-3-1 to prescribe the authority, duties, appointment, and compensation of parenting coordinators."

The Committee on Judiciary respectfully reports that it has had under consideration HB 1090 and 1093 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1096 and returns the same with the recommendation that said bill be amended as follows:

1096ta

And that as so amended 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 HB 1099 and returns the same with the recommendation that said bill be amended as follows:

1099rd

On page 1, line 5, of the House engrossed bill, overstrike ", unless the".

On page 1, line 6, overstrike everything before "order" .

On page 1, line 8, delete " is inappropriate " and insert " shall not be ordered ".

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

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1142, 1157, 1173, 1248, 1266, 1269, 1271, 1272, 1277, 1294, 1300, 1313, and 1320 and HJR 1004 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 12: A CONCURRENT RESOLUTION, Recognizing the United States of America Women's Olympic Softball Team.

Sen. McCracken moved that SCR 12 as found on page 448 of the Senate Journal be adopted.

The question being on Sen. McCracken's motion that SCR 12 be adopted.

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 12 was adopted.

HCR 1005: A CONCURRENT RESOLUTION, To declare March 29, 2008, as Vietnam Veterans Day, in South Dakota.

Sen. Abdallah moved that the Senate do concur in HCR 1005 as found on page 460 of the House Journal.

The question being on Sen. Abdallah's motion that the Senate do concur in HCR 1005.

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Garnos

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Knudson moved that the reports of the Standing Committees on

Transportation on SB 167 as found on page 445 of the Senate Journal ; also

Education on SB 187 as found on page 444 of the Senate Journal ; also

State Affairs on SB 196 as found on page 422 of the Senate Journal ; also

Commerce on HB 1113 as found on page 447 of the Senate Journal ; also

Commerce on HB 1203 as found on page 447 of the Senate Journal ; also

Transportation on HB 1241 as found on page 445 of the Senate Journal be adopted.

Sen. Heidepriem moved that the word NOT be stricken from the report of the Committee on State Affairs on SB 106 as found on page 443 of the Senate Journal and that SB 106 be placed on today's calendar.

The question being on Sen. Heidepriem's motion that the word NOT be stricken from the report of the Committee on State Affairs on SB 106 and that SB 106 be placed on today's calendar.

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

Nays:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1142: FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor licenses in certain municipalities.

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

HB 1157: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the residency or military presence of parties in divorce or separate maintenance proceedings.

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

HB 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the effect of suspended impositions of sentence on parole eligibility of certain offenders.

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

HB 1248: FOR AN ACT ENTITLED, An Act to establish the South Dakota soil conservation award program and to make an appropriation therefor.

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

HB 1266: FOR AN ACT ENTITLED, An Act to require standards for the exercise of delegated legislative authority.

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

HB 1269: FOR AN ACT ENTITLED, An Act to allow a beer and wine combination license.

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

HB 1271: FOR AN ACT ENTITLED, An Act to abolish the doctrine of abatement ab initio of a criminal proceeding and to provide for the posthumous sentencing of certain criminal defendants.

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

HB 1272: FOR AN ACT ENTITLED, An Act to revise the defined sources of renewable electricity and recycled energy.

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

HB 1277: FOR AN ACT ENTITLED, An Act to make appropriations from the general fund, the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state cost share for the Lewis and Clark Rural Water System, to revise the state water plan, and to declare an emergency.

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

HB 1294: FOR AN ACT ENTITLED, An Act to authorize a class of full-service restaurant on-sale licenses to be issued by first class municipalities.

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

HB 1300: FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a framework for a high school for the twenty-first century, and to require high schools to report on activities and results relative to that framework.

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

HB 1313: FOR AN ACT ENTITLED, An Act to prohibit the use of certain electronic communication devices to communicate threats and harassment and to provide a penalty therefor.

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

HB 1320: FOR AN ACT ENTITLED, An Act to provide tax incentives for certain wind energy facilities and energy transmission equipment.

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

HJR 1004: A JOINT RESOLUTION, To propose a constitutional amendment to provide for a maximum of forty legislative days each year.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Kloucek requested that HB 1194 be removed from the Consent Calendar.

HB 1097: FOR AN ACT ENTITLED, An Act to provide for the imposition of certain sanctions against parties who willfully do not comply with custody or visitation decrees.

The question being "Shall HB 1097 pass as amended?"

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 1159: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding franchise protection for certain types of merchandise.

The question being "Shall HB 1159 pass as amended?"

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 1200: FOR AN ACT ENTITLED, An Act to clarify the computation for premium tax payable for individual life insurance policies purchased by South Dakota residents.

Was read the second time.

The question being "Shall HB 1200 pass?"

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 1211: FOR AN ACT ENTITLED, An Act to revise the audit requirements for farm mutual insurers.

The question being "Shall HB 1211 pass?"

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 116: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of real property, to assess agricultural land based on its agricultural income value,

to create an implementation and oversight advisory task force, to repeal certain provisions regarding the assessment of property, and to repeal the nonagricultural acreage classification.

Sen. Knudson moved that SB 116 be amended as follows:

116ff

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That § 10-6-33.25 be amended to read as follows:

10-6-33.25. For the purposes of § 10-6-33.24, the agricultural income value shall be determined using capitalized annual cash rent. The annual cash rent is the annual cash rent, excluding the per acre tax on agricultural land, determined through an analysis of arms-length rental agreements collected within the county in the three years prior to the year for which the agricultural income value is being determined. The agricultural income value of cropland shall be based on average rents over a three-year period for cropland under natural conditions. The agricultural income value of noncropland shall be based on average rents over a three-year period for noncropland under natural conditions. However, no arms-length rental agreements for irrigated land may be used to determine the annual cash rent pursuant to this section. The annual cash rent shall be capitalized at seven and three-fourths percent. For the taxes payable in 2010, 2011, 2012, and 2013, the total taxable value of agricultural land within any county may not increase more than fifteen percent in any year.

The secretary of revenue and regulation may enter into a contract for the collection of cash rent information by county. Cash rent information shall be adjusted by soil survey statistics, if available, and pursuant to § 10-6-33.26.

Section 2. That section 12 of HB 1005 as previously enacted by the Eighty-third Legislature be amended to read as follows:

Section 12. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

There is hereby established the Agricultural Land Assessment Implementation and Oversight Advisory Task Force. The task force shall consist of the following ~~twelve~~ fourteen members:

(1) The speaker of the House of Representatives shall appoint four members of the House of Representatives, no more than two of whom may be from one political party;

(2) The speaker of the House of Representatives shall appoint ~~two~~ three members of the general public , at least one of the members shall have an agricultural background and at least one of the members shall have a business background ;

(3) The president pro tempore of the Senate shall appoint four members of the Senate, no more than two of whom may be from one political party; and

(4) The president pro tempore of the Senate shall appoint ~~two~~ three members of the general public , at least one of the members shall have an agricultural background and at least one of the members shall have a business background .

The initial appointments shall be made no later than July 1, 2008, and shall serve until January 12, 2009. The speaker of the House of Representatives and president pro tempore of the Senate before the close of each regular session of the Legislature held in odd-numbered years shall appoint members to the task force for a term of two years. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment.

The task force shall advise the department regarding the rules promulgated by the department to administer the provisions concerning the assessment and taxation of agricultural lands and shall review the implementation of the provisions of law concerning the assessment and taxation of agricultural land. The task force shall report to the Senate and House of Representatives and may submit a copy of its report to the Governor. The task force may present draft legislation and policy recommendations to the Legislative Research Council Executive Board.

The task force shall make recommendations in the following areas:

(1) The proper percentage of annual earning capacity to be used to determine the agricultural income value ~~for subdivisions (1) and (2) of~~ pursuant to section 5 of this Act; and

(2) The proper capitalization rate in order to have total taxable valuation for the taxes payable in 2011 from agricultural property be not more than total taxable valuation for the taxes payable in 2010 from agricultural property plus the estimated growth in agricultural property value in 2010."

The question being "Shall SB 116 pass as amended?"

Yeas 32, Nays 3, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Gant; Jerstad; Koetzle

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.

116fta

Sen. Knudson moved that the title to SB 116 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions concerning the assessment of real property and to revise the makeup of the implementation and oversight advisory task force."

On page 1, delete lines 2 to 4, inclusive.

SB 117: FOR AN ACT ENTITLED, An Act to revise certain tax levy limitations and property tax levies for school districts.

Sen. Knudson moved that SB 117 be laid on the table.

The question being on Sen. Knudson's motion that SB 117 be laid on the table.

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

SJR 1: A JOINT RESOLUTION, Proposing a constitutional amendment to eliminate term limits for legislators and constitutional officers.

Sen. Knudson moved that SJR 1 be placed to follow SB 196 on today's calendar.

SB 4: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance reporting requirements and to establish certain penalties.

Sen. Knudson moved that SB 4 be further amended as follows:

4ob

On page 2, line 11, of the Senate State Affairs Committee engrossed bill, remove the overstrikes from " ~~or public office holder~~ ".

On page 2, line 12, remove the overstrikes from " ~~or public office holder~~ ".

On page 3, line 15, remove the overstrikes from " ~~, public office holders,~~ ".

On page 3, line 23, remove the overstrikes from " ~~, public office holders,~~ ".

On page 4, line 4, remove the overstrikes from " ~~, public office~~ ".

On page 4, line 5, remove the overstrikes from " ~~holders,~~ ".

On page 4, line 8, remove the overstrikes from " ~~or public office holder,~~ ".

On page 4, line 9, remove the overstrikes from " ~~or public office holder~~ ".

On page 4, line 10, remove the overstrikes from " ~~or public office holder's~~ ".

On page 9, delete lines 7 to 24, inclusive.

Delete page 10.

On page 11, delete lines 1 to 10, inclusive.

On page 12, delete lines 16 to 24, inclusive.

Delete pages 13 and 14, inclusive

On page 15, delete lines 1 to 14, inclusive.

On page 19, delete lines 5 to 9, inclusive.

The question being "Shall SB 4 pass as amended?"

So the bill having received an affirmative vote of a majority of the members present, the President declared the bill passed and the title was agreed to.

Sen. Knudson moved that SJR 1 be immediately considered.

Which motion prevailed and SJR 1 was up for immediate consideration.

SJR 1: A JOINT RESOLUTION, Proposing a constitutional amendment to eliminate term limits for legislators and constitutional officers.

Having had its second reading was up for consideration and final passage.

j1fa

Sen. Apa moved that SJR 1 be further amended as follows:

On page 1, line 5, of the Senate State Affairs Committee engrossed resolution, delete "amendments" and insert "amendment".

On page 1, line 6, delete "and Article IV" and insert ", section 6".

On page 1, line 7, delete "sections 2 and 3" and insert "section 2".

On page 2, delete lines 12 to 19, inclusive.

Sen. Kloucek moved that SJR 1 be further amended as follows:

j1ra

On page 1 of the Senate State Affairs committee engrossed resolution, delete line 15, and insert "No person may service more than ~~four~~ six consecutive terms or a total of ~~eight~~ twelve consecutive years".

On page 2, delete lines 1 to 3, inclusive, and insert "in the ~~senate and more than four consecutive terms or a total of eight consecutive years in the house of representatives~~ Legislature . However, this restriction does not apply to partial terms to which a legislator may be appointed or to legislative service before ~~January1, 1993~~ January 1, 2009 ."

Which motion lost.

Sen. Abdallah moved the previous question.

The question being "Shall SJR 1 pass as amended?"

Yeas 27, Nays 8, Excused 0, Absent 0

Yeas:
Abdallah; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Hoerth; Hundstad; Hunhoff; Katus; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

Nays:
Albers; Greenfield; Heidepriem; Jerstad; Kloucek; Knudson; Peterson (Jim); Two Bulls

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution passed.

The question being on the title.

J1fta

Sen. Apa moved that the title to SJR 1 be amended as follows:

On page 1, line 2, of the Senate State Affairs Committee engrossed resolution, delete "and constitutional officers".

SB 150: FOR AN ACT ENTITLED, An Act to increase general funding for schools, to impose a temporary limit on the growth of state general fund spending, to suspend the transfer of moneys from the general fund to the budget reserve fund and to the property tax reduction fund, to provide funding for the postsecondary technical institutes, to provide for the modernization of science facilities and laboratories at public universities, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

150ca

Sen. Heidepriem moved that SB 150 be amended as follows:

On page 2 of the printed bill, delete lines 8 to 10, inclusive, and insert:

"investment officer shall calculate an amount equal to four percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of".

On page 2, delete lines 14 and 15, and insert:

"notice of that amount by the state investment officer, the state treasurer shall transfer the amount plus an additional ten million dollars from the".

The question being "Shall SB 150 pass as amended?"

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

Nays:
Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

Excused:
Abdallah

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

SB 167: FOR AN ACT ENTITLED, An Act to make an appropriation to the railroad trust fund to enhance certain railroad facilities.

Was read the second time.

The President Pro tempore presiding.

Sen. Abdallah moved the previous question.

The question being "Shall SB 167 pass as amended?"

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Apa; Bartling; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Heidepriem; Kloucek; Maher; McNenny; Nesselhuf; Peterson (Jim); Sutton; Two Bulls

Nays:
Abdallah; Albers; Dempster; Duenwald; Gant; Hauge; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; McCracken; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Turbak Berry

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

SB 187: FOR AN ACT ENTITLED, An Act to revise the general education state aid formula for purposes of increasing teachers' salaries.

The question being "Shall SB 187 pass as amended?"

SB 196: FOR AN ACT ENTITLED, An Act to repeal a limitation on certain environmental rules.

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. Nesselhuf moved that SB 196 be amended as follows:

On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

196od

"Section 1. That § 1-40-4.1 be repealed.

1-40-4.1. No rule that has been promulgated pursuant to Title 34A, 45, 46, or 46A may be more stringent than any corresponding federal law, rule, or regulation governing an essentially similar subject or issue. "

The question being "Shall SB 196 pass as amended?"

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.

196ota

Sen. Nesselhuf moved that the title to SB 196 be amended as follows:

On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete everything after "Act to" and insert "repeal a limitation on certain environmental rules."

On page 1, delete line 2.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1081: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to replace storage facilities at the Cottonwood Agricultural Experiment Station and to make an appropriation therefor.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1081 pass as amended?"

Yeas 20, Nays 15, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

Nays:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

Sen. Knudson announced his intention to reconsider the vote by which HB 1081 lost.

HB 1082: FOR AN ACT ENTITLED, An Act to revise the appropriation for a new dairy manufacturing plant at South Dakota State University.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1082 pass as amended?"

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

Nays:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

Sen. Knudson announced his intention to reconsider the vote by which HB 1082 lost.

HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to temporary custody prior to divorce or separate maintenance.

The question being "Shall HB 1088 pass?"

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 1135: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to filing petitions for protection and to declare an emergency.

The question being "Shall HB 1135 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the composition of water development district boards of directors.

The question being "Shall HB 1174 pass as amended?"

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
McNenny

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 1321: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses authorized for certain municipal facilities.

The question being "Shall HB 1321 pass?"