The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by Senate page Jenny Dempster.
Roll Call: All members present.
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1034 and returns the same with the recommendation that said bill do
pass.
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration SB 211 and returns the same with the recommendation that said bill do pass
and be placed on the Consent Calendar.
The Committee on Commerce respectfully reports that it has had under consideration SB
114 and 207 and returns the same with the recommendation that said bills do pass.
The Committee on Commerce respectfully reports that it has had under consideration SB
135 which was deferred to the 36th legislative day.
The Committee on Retirement Laws respectfully reports that it has had under consideration
SB 45, 47, 48, 50, and 51 and returns the same with the recommendation that said bills do pass.
The Committee on Retirement Laws respectfully reports that it has had under consideration
SB 46 and 49 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Transportation respectfully reports that it has had under consideration
SB 67 and returns the same with the recommendation that said bill do pass.
The Committee on Transportation respectfully reports that it has had under consideration
SB 119, 128, 162 and, 43 which were deferred to the 36th legislative day.
I have the honor to transmit herewith HB 1053, 1056, 1091, 1101, 1152, 1154, 1156, 1169,
1172, 1198, 1224, 1228, 1239, and 1242 which have passed the House and your favorable
consideration is respectfully requested.
Sen. Lawler moved that the Committee on Transportation be instructed to deliver SB 68
to the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Sen. Rounds moved that the reports of the Standing Committees on
SB 34:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
required use of diver-down flags and mandatory motorboat distance restrictions.
Was read the second time.
The question being "Shall SB 34 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
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 117:
FOR AN ACT ENTITLED, An Act
to prevent the inclusion of certain conditions
in motor vehicle franchise agreements.
Was read the second time.
The question being "Shall SB 117 pass as amended?"
And the roll being called:
SB 118:
FOR AN ACT ENTITLED, An Act
to exempt service contracts from the
insurance code.
Was read the second time.
The question being "Shall SB 118 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
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 132:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
perfecting of liens created by unpaid child support.
Was read the second time.
The question being "Shall SB 132 pass?"
And the roll being called:
SB 32:
FOR AN ACT ENTITLED, An Act
to authorize expenditures out of the water and
environment fund and to declare an emergency.
Was read the second time.
The question being "Shall SB 32 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
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 105:
FOR AN ACT ENTITLED, An Act
to permit evidence of similar crimes in
prosecutions for child molestation.
Was read the second time.
The question being "Shall SB 105 pass?"
And the roll being called:
SB 106:
FOR AN ACT ENTITLED, An Act
to permit evidence of similar crimes in
prosecutions for sexual assault.
Was read the second time.
The question being "Shall SB 106 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
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 107:
FOR AN ACT ENTITLED, An Act
to permit evidence of prior sexual assault or
child molestation offenses in certain civil actions.
Was read the second time.
The question being "Shall SB 107 pass?"
And the roll being called:
SB 133:
FOR AN ACT ENTITLED, An Act
to provide for felony enhancement for third
offense simple assault.
Was read the second time.
The question being "Shall SB 133 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting
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 137:
FOR AN ACT ENTITLED, An Act
to provide for an emergency vehicle dealer's
license and to declare an emergency.
Was read the second time.
The question being "Shall SB 137 pass as amended?"
And the roll being called:
SB 157:
FOR AN ACT ENTITLED, An Act
to define and tax cider as an alcoholic
beverage.
Was read the second time.
The question being "Shall SB 157 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Staggers
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 1053:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding
registration, numbering, titling, and taxation of certain boats.
Was read the first time and referred to the Committee on Transportation.
HB 1056: FOR AN ACT ENTITLED, An Act to revise the procedure to fix a new time period for execution of a death sentence if the time period established by the original warrant of execution has passed.
HB 1091:
FOR AN ACT ENTITLED, An Act
to eliminate certain assessed valuation
appeals by public taxing districts and governmental subdivisions.
Was read the first time and referred to the Committee on Taxation.
HB 1101:
FOR AN ACT ENTITLED, An Act
to establish certain prima facie evidence that
an account holder executed a check.
Was read the first time and referred to the Committee on Judiciary.
HB 1152:
FOR AN ACT ENTITLED, An Act
to allow truck tractors to be sold at a
temporary special events lot.
Was read the first time and referred to the Committee on Transportation.
HB 1154:
FOR AN ACT ENTITLED, An Act
to revise the maximum allowable length of
certain automobile and boat transporters.
Was read the first time and referred to the Committee on Transportation.
HB 1156:
FOR AN ACT ENTITLED, An Act
to repeal the recording of certain licenses
at the register of deeds office and to require the licenses and renewal certificates to be displayed.
Was read the first time and referred to the Committee on Commerce.
HB 1169:
FOR AN ACT ENTITLED, An Act
to exclude all brand board employees from
the career personnel management system.
Was read the first time and referred to the Committee on State Affairs.
HB 1172:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
filing of financing statements and continuation statements.
Was read the first time and referred to the Committee on Commerce.
HB 1198:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
earnings subject to garnishment.
HB 1224:
FOR AN ACT ENTITLED, An Act
to authorize dealers of school buses to
certify that a school bus complies with state law under certain conditions.
Was read the first time and referred to the Committee on Transportation.
HB 1228:
FOR AN ACT ENTITLED, An Act
to revise the requirements for eligibility for
owner-occupied classification.
Was read the first time and referred to the Committee on Taxation.
HB 1239:
FOR AN ACT ENTITLED, An Act
to clarify the purposes for which proceeds
of economic development revenue bonds may be used.
Was read the first time and referred to the Committee on Local Government.
HB 1242:
FOR AN ACT ENTITLED, An Act
to specify the method of reporting the
amount of certain school fund tax levies.
Was read the first time and referred to the Committee on Taxation.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 30, the 14th legislative day.
Which motion prevailed.
SC 6
Introduced by:
Senators Kloucek, Daugaard, Dennert, Dunn (Rebecca), Everist,
Flowers, Hainje, Hunhoff, Hutmacher, Morford, Olson, Reedy, Rounds, and Valandra and
Representatives Van Gerpen, Chicoine, Crisp, Duxbury, Koetzle, Kooistra, Moore, Munson
(Donald), Putnam, and Windhorst
A LEGISLATIVE COMMEMORATION,
Honoring the 1997 Tripp/Delmont Wildcats High
School football team and the students and staff involved in the football program.
Sen. Ham moved that the Senate do now adjourn, which motion prevailed, and at 2:59 p.m.
the Senate adjourned.