Senate Journal 02/25/1997 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SECOND SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 25, 1997

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by Senate page Lacey Livermont.

     Roll Call: All members present except Sens. Morford-Burg and Vitter who were excused.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirtieth 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,

HAROLD W. HALVERSON, Chair

Which motion prevailed and the report was adopted.

EXECUTIVE VETOES AND RECOMMENDATIONS

February 25, 1997

The Honorable Carole Hillard
President of the Senate
State Capitol Building
Pierre, SD 57501-5070

Dear Madam President and Members of the Senate:

I herewith return Senate Bill 157 and return it with the following recommendation as to STYLE and FORM.

Section 1 of the bill amends SDCL 41-6-59. The last sentence of Section 1 of the bill makes reference to an interest rate of “twelve percent”. This interest rate should be expressed as a “Category B” rate of interest pursuant to SDCL 54-3-16 which is also twelve percent. By making this change the interest rate will change whenever a future Legislature amends SDCL 54-3-16 and it will not be necessary to separately amend SDCL 41-6-59 when a change in interest rates occurs.

Therefore, I suggest the following change to SB 157:

On page 2, line 17 of the printed bill, after the word “amount”, delete “plus interest at the rate of twelve percent” and insert the following: “plus interest at the Category B rate of interest as defined in SDCL 54-3-16”.

I respectfully request that you concur with my action.

Respectfully submitted,
WILLIAM J. JANKLOW
GOVERNOR

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared SB 64, 88, 146, and 148 and finds the same correctly enrolled.

Respectfully submitted,
HAROLD W. HALVERSON, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1045, 1145, 1146, and 1263 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1262 and returns the same with the recommendation that said bill be amended as follows:

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On page 1 , line 8 of the printed bill , after " purpose " insert " as provided in section 2 of this Act. " .

On page 1 , delete lines 9 and 10 , and insert:

" Section 2. There is hereby appropriated the sum of two hundred fifty thousand dollars ($250,000) of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services to provide grants to qualifying contractors according to the provisions of § § 25-10-26 to 25-10-33, inclusive.

Section 3. The secretary of social services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 1998, shall revert in accordance with § 4-8-21. "

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On page 1 , line 3 of the printed bill , after " programs " insert " and to make an appropriation therefor " .

And that as so amended said bill do pass.

Respectfully submitted,
RANDY FREDERICK, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1155, 1165, 1182, 1185, 1192, 1204, 1207, 1265, 1269, and 1278 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 13 of the House engrossed bill, delete the underscored material.

On page 1 , delete lines 14 and 15 .

On page 2 , delete lines 1 to 3 , inclusive .

On page 3 , delete lines 8 to 11 , inclusive , and insert:

" In each notice the excavator shall describe the area to be excavated. The excavator shall flag or mark the site ".

On page 5 , line 1, delete the underscored material.

On page 5 , delete line 2 .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1245 and returns the same with the recommendation that said bill be amended as follows:

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On page 5 , line 4 of the House Commerce committee engrossed bill , after " lienholder " insert " unless the personal property is consumer goods as defined in § 57A-9-109(1) " .

On page 5 , line 5 , after " section " insert " . For the purpose of this section, personal property for which ownership is evidenced by a certificate of title is not consumer goods " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
JERRY SHOENER, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1158 and 1229 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1199 and returns the same with the recommendation that said bill be amended as follows:

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On page 2 , line 6 of the House engrossed bill , after " chapter 11-2 " insert " and wellhead protection ordinances pursuant to § 7-18-20 " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1261 and returns the same with the recommendation that said bill be amended as follows:

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On page 1 , line 5 of the House engrossed bill , after " inspection " insert " and enforcement " .

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On page 1 , line 2 of the House engrossed bill , after " inspections of " insert " and the enforcement of regulations related to " .

And that as so amended said bill do pass.

Respectfully submitted,
JIM DUNN, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1010 which has been adopted by the House and your concurrence is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1243 and 1273 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 59, 90, 92, 125, 127, 155, 163, 190, and 232 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 54, 77, 86, 99, 122, and 162 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1010 : A CONCURRENT RESOLUTION, Requesting the appointment of an interim legislative committee to study water development districts, county drainage laws, conservation districts, and other natural resource districts.

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

     Yesterday, Sen. Hutmacher announced his intention to reconsider the vote by which HB 1188 lost.

     Sen. Hutmacher moved to reconsider the vote by which HB 1188 lost.

     The question being on Sen. Hutmacher's motion to reconsider the vote by which HB 1188 lost.

     And the roll being called:

     Yeas 22, Nays 10, Excused 3, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Munson (David); Olson; Reedy; Rounds; Shoener; Symens; Valandra; Whiting

Nays were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Kleven; Paisley; Staggers; Thompson

Excused were:
Frederick; Morford-Burg; Vitter

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1188 was up for reconsideration and final passage.

HB 1188 : FOR AN ACT ENTITLED, An Act to repeal the provisions concerning a candidate's support of congressional term limits.

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

Sen. Hutmacher moved that HB 1188 be deferred until Wednesday, February 26, the 32nd legislative day.

     Sen. Thompson moved as a substitute motion that HB 1188 be deferred until the 41st legislative day.

     The question being on Sen. Thompson's motion that HB 1188 be deferred until the 41st legislative day.

     And the roll being called:

     Yeas 10, Nays 23, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Daugaard; Drake; Frederick; Kleven; Olson; Paisley; Staggers; Thompson

Nays were:
Benson; Brown (Arnold); Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Munson (David); Reedy; Rounds; Shoener; Symens; Valandra; Whiting

Excused were:
Morford-Burg; Vitter

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

The question now being on Sen. Hutmacher's motion that HB 1188 be deferred to Wednesday, February 26, the 32nd legislative day.

Sen. Hutmacher moved as a substitute motion that HB 1188 be immediately considered.

Which motion prevailed.

Sen. Lawler moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1188 pass?"

     And the roll being called:

     Yeas 20, Nays 13, Excused 2, Absent and Not Voting 0

     Yeas were:
Benson; Brown (Arnold); Dunn (Jim); Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Munson (David); Reedy; Rounds; Shoener; Symens; Valandra; Whiting

Nays were:
Aker; Albers; Daugaard; Dennert; Drake; Dunn (Rebecca); Frederick; Hunhoff; Kleven; Olson; Paisley; Staggers; Thompson

Excused were:
Morford-Burg; Vitter

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.

Yesterday, Sen. Paisley announced his intention to reconsider the vote by which HB 1205 passed.

No member moved to reconsider the vote by which HB 1205 passed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1167 as found on page 594 of the Senate Journal; also

     State Affairs on HB 1272 as found on page 595 of the Senate Journal; also

     Education on HB 1075 as found on page 596 of the Senate Journal; also

     State Affairs on HB 1177 as found on page 595 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1005 : FOR AN ACT ENTITLED, An Act to revise certain terms relating to centrally assessed property and the taxation of certain centrally assessed property.

Was read the second time.

     The question being "Shall HB 1005 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Excused were:
Morford-Burg; Vitter

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.

HCR 1006 : A CONCURRENT RESOLUTION, Requesting the Congress of the Uni States to pass legislation providing election campaign finance reform.

Was read the second time.

     The question being "Shall HCR 1006 be concurred in?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Excused were:
Morford-Burg; Vitter

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared that HCR 1006 was concurred in.

HCR 1011 : A CONCURRENT RESOLUTION, Memorializing Congress to fully fund federal impact aid to local school districts.

Was read the second time.

     The question being "Shall HCR 1011 be concurred in?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Excused were:
Morford-Burg; Vitter

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared that HCR 1011 was concurred in.

HCR 1005 : A CONCURRENT RESOLUTION, Urging the Board of Regents to make hospice care and pain management part of the core curriculum of the University of South Dakota Medical School and requesting the Department of Health to educate the public about the availability of hospice care and pain management for terminally ill persons.

Was read the second time.

     The question being "Shall HCR 1005 be concurred in?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Excused were:
Morford-Burg; Vitter

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1243 : FOR AN ACT ENTITLED, An Act to establish a telecommunications gross receipts tax, provide certain credits, revise certain tax rates on gross receipts, and revise certain exemptions to taxes levied on property.

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

HB 1273 : FOR AN ACT ENTITLED, An Act to authorize agents or employees of the Department of Transportation to issue citations for certain motor vehicle violations.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1089 : FOR AN ACT ENTITLED, An Act to require a temporary permit and fee for motorcycles and trailers to be displayed at certain events.

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

Sen. Kleven moved that HB 1089 be deferred until Wednesday, February 26, the 32nd legislative day.

Which motion prevailed and the bill was so deferred.

HB 1096 : FOR AN ACT ENTITLED, An Act to reduce the term of office and revise the qualifications of notaries public.

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

     The question being "Shall HB 1096 pass?"

     And the roll being called:

     Yeas 24, Nays 6, Excused 5, Absent and Not Voting 0

     Yeas were:
Albers; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Munson (David); Paisley; Reedy; Rounds; Shoener; Thompson; Valandra; Whiting

Nays were:
Benson; Dennert; Halverson; Kloucek; Olson; Staggers

Excused were:
Aker; Flowers; Morford-Burg; Symens; Vitter

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.

HJR 1004 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 12 of the Constitution of the State of South Dakota, relating to legislative conflicts of interest.

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

The question being "Shall HJR 1004 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Nays were:
Kloucek

Excused were:
Morford-Burg; Vitter

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

HB 1150 : FOR AN ACT ENTITLED, An Act to repeal certain landfill disposal bans.

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

The question being on Sen. Aker's pending motion that HB 1150 be amended as found on page 607 of the Senate Journal.

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Sen. Drake moved as a substitute motion that HB 1150 be amended as follows:

On the Senate Local Government committee engrossed bill, delete all the previous amendments thus returning the bill to its original printed form.

Sen. Hutmacher moved that Sen. Drake's motion to amend HB 1150 be laid on the table.

Which motion prevailed and Sen. Drake's motion to amend HB 1150 was laid on the table.

The question being on Sen. Aker's pending motion to amend HB 1150.

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Sen. Aker moved as a substitute motion that HB 1150 be amended as follows:

On page 2 , line 6 of the Senate Local Government committee engrossed bill , overstrike " if " and insert " no municipality or other political subdivision may adopt requirements that are more stringent than those set forth in subdivisions (1) to (6), inclusive, of this section. If " .

On page 2 , line 13 , after " evaluation. " insert " The term, marketable, means that a hauler receives compensation from the nearest South Dakota recycling facility in exchange for recyclable materials delivered to the recycling facility. "

     Sen. Paisley moved that HB 1150 and Sen. Aker's substitute motion to amend be deferred until the 41st legislative day.

     The question being on Sen. Paisley's motion that HB 1150 and Sen. Aker's substitute motion to amend be deferred until the 41st legislative day.

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Jim); Dunn (Rebecca); Frederick; Ham; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Rounds; Symens; Valandra

Nays were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Drake; Everist; Flowers; Hainje; Halverson; Johnson (William); Kleven; Reedy; Shoener; Staggers; Thompson; Whiting

Excused were:
Morford-Burg; Vitter

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

Sen. Thompson moved that Sen. Aker's substitute motion to amend HB 1150 be laid on the table.

Which motion prevailed and Sen. Aker's substitute motion to amend HB 1150 was laid on the table.

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Sen. Flowers moved as a substitute motion that HB 1150 be amended as follows:

On page 2 , line 13 of the Senate Local Government committee engrossed bill , after " evaluation. " insert " The term, marketable, means that the product may profitably be processed into raw materials or finished products. "

Which motion lost.

     Sen. Lawler moved that HB 1150 and Sen. Aker's pending motion to amend HB 1150 be laid on the table.

     The question being on Sen. Lawler's motion that HB 1150 as amended be laid on the table.

    And the roll being called:

     Yeas 20, Nays 12, Excused 3, Absent and Not Voting 0

     Yeas were:
Benson; Brown (Arnold); Dennert; Dunn (Jim); Dunn (Rebecca); Flowers; Frederick; Ham; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Rounds; Symens; Valandra; Whiting

Nays were:
Aker; Albers; Daugaard; Drake; Everist; Hainje; Johnson (William); Kleven; Reedy; Shoener; Staggers; Thompson

Excused were:
Halverson; Morford-Burg; Vitter

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1150 and Sen. Aker's pending motion to amend HB 1150 were laid on the table.

Sen. Staggers announced his intention to reconsider the vote by which HB 1150 was lost.

HB 1259 : FOR AN ACT ENTITLED, An Act to provide certain provisions regarding inmate assault against Department of Corrections or county jail employees.

Was read the second time.

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Sen. Whiting moved that HB 1259 be amended as follows:

On page 2 , line 23 of the Senate Judiciary committee engrossed bill , delete " convicted " .

On page 2 , line 23 , after " person " insert " convicted of a felony and " .

Which motion prevailed and HB 1259 was so amended.

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Sen. Olson moved that HB 1259 be amended as follows:

On page 2 of the Senate Judiciary committee engrossed bill , after line 20 , insert:

" Section 5. 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. "

Which motion prevailed and HB 1259 was so amended.

     The question being "Shall HB 1259 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Excused were:
Frederick; Morford-Burg; Vitter

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.

Sen. Olson moved that the title to HB 1259 be amended as follows:

On page 1 , line 2 , after " employees " insert " and to declare an emergency " .

Which motion prevailed and the title was so amended.

HB 1087 : FOR AN ACT ENTITLED, An Act to revise certain statutes pertaining to abortions.

Was read the second time.

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Sen. Aker moved that HB 1087 be amended as follows:

On page 1 , line 5 of the Senate Judiciary committee engrossed bill , remove the overstrikes from " ~~female~~ " .

On page 1 , line 5 , delete " minor " .

Which motion prevailed and HB 1087 was so amended.

     The question being "Shall HB 1087 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Whiting

Nays were:
Valandra

Excused were:
Morford-Burg; Vitter

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 1082 : FOR AN ACT ENTITLED, An Act to reduce the voting requirements of the board of adjustment and to increase the minimum number of members appointed to the planning and zoning commission.

Was read the second time.

     The question being "Shall HB 1082 pass?"

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Thompson; Valandra; Whiting

Nays were:
Kloucek

Excused were:
Frederick; Morford-Burg; Staggers; Vitter

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 1142 : FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the Division of Rehabilitation Services.

Was read the second time.

     The question being "Shall HB 1142 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Excused were:
Frederick; Morford-Burg; Vitter

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 require that certain juveniles register with the sex offender registry, to provide for the removal of certain persons from the sex offender registry, and to revise the age for certain sex crimes.

Was read the second time.

The question being "Shall HB 1071 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Excused were:
Frederick; Morford-Burg; Vitter

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 1183 : FOR AN ACT ENTITLED, An Act to revise the penalties for false reporting of a bomb and to provide for civil liability.

Was read the second time.

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Sen. Flowers moved that HB 1183 be amended as follows:

On page 1 , line 8 of the House Judiciary committee engrossed bill , remove the overstrikes from " ~~Class 1 misdemeanor, except that subsequent convictions for the offense are Class 5~~ " .

On page 1 , line 9 , remove the overstrikes from " ~~felonies~~ " .

On page 1 , line 9 , delete " Class 6 felony " .

Sen. Halverson moved that Sen. Flowers' motion to amend HB 1183 be laid on the table.

Which motion prevailed and Sen. Flowers' motion to amend HB 1183 was laid on the table.

     The question being "Shall HB 1183 pass?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Thompson; Valandra; Whiting

Nays were:
Drake; Flowers; Staggers

Excused were:
Frederick; Morford-Burg; Vitter

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 1267 : FOR AN ACT ENTITLED, An Act to revise certain provisions concerning restitution to victims.

Was read the second time.

     The question being "Shall HB 1267 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Whiting

Excused were:
Frederick; Morford-Burg; Vitter

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.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1049 and 1068.

Respectfully,
KAREN GERDES, Chief Clerk

There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Rounds moved that HB 1115 be referred from the Committee on Retirement Laws to the Committee on State Affairs.

Which motion prevailed and the bill was so referred.

SIGNING OF BILLS

     The President publicly read the title to

     SB 64: FOR AN ACT ENTITLED, An Act to limit the time that a child may remain in foster care under certain conditions.

     SB 88: FOR AN ACT ENTITLED, An Act to expand the jurisdiction of magistrate judges to include temporary protection order cases.

     SB 146: FOR AN ACT ENTITLED, An Act to revise the dates when the auditor reconciles the unpaid taxes.

     SB 148: FOR AN ACT ENTITLED, An Act to revise the requirements for number and filing of copies concerning the apportionment of foundation program funds.

     HB 1013: FOR AN ACT ENTITLED, An Act to clarify that a local school board or governing body may set the school term for kindergarten programs and to revise certain requirements regarding the school term established by a local school board.

     HB 1074: FOR AN ACT ENTITLED, An Act to provide for the legal description of certain plats.

     HB 1076: FOR AN ACT ENTITLED, An Act to provide that the school district of residence of certain foster children is the resident district of the foster parent.

     HB 1105: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the printing and disposition of legislative bills.

     HB 1140: FOR AN ACT ENTITLED, An Act to revise the definition of a financial institution for nonprobate transfers.

     HB 1241: FOR AN ACT ENTITLED, An Act to clarify the notice requirement in certain estate matters.

And signed the same in the presence of the Senate.

Sen. Hainje moved that the Senate do now adjourn, which motion prevailed, and at 4:27 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary