Senate Journal 02/06/1998 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-THIRD SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 6, 1998

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by Senate page Shawna Wood.

     Roll Call: All members present except Sens. Aker and Rebecca Dunn 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 eighteenth 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.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 4 and SB 233 and returns the same with the recommendation that said resolution and bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 92 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , delete lines 1 to 15 of the printed bill , inclusive .

On page 1 , line 2 of the printed bill , delete " and the titling and licensing of " .

On page 1 , line 3 , delete " a motor vehicle " .

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

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 216 and 224 which were tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 195 which was deferred to the 36th legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 170 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 228, which was reconsidered and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. For the purposes of this Act, a continuing care agreement is an agreement to provide a person board and lodging, in addition to care in a nursing facility or assisted living center, as defined in § 34-12-1.1, for the duration of the person's life, in consideration for an entrance fee paid to the provider.

Section 2. For the purposes of this Act, an entrance fee is an initial or deferred transfer to a provider of a sum of money, or other property, made or promised to be made, as a full or partial consideration for acceptance of the person in the facility under a continuing care agreement, if the amount exceeds five thousand dollars or the sum of periodic charges for three months of residency, whichever is greater.

Section 3. For the purposes of this Act, a continuing care retirement community is a facility that offers any person, under a continuing agreement, board and lodging, in addition to care in a nursing facility or assisted living center, regardless of whether the lodging and care is provided at the same location.

Section 4. A continuing care retirement community and any agreement it enters into with its residents is not subject to any provision of Title 58 except as contained in this Act. This Act does not provide any exemption for the sale of long-term care or other insurance product to a continuing care retirement community. This Act does not provide any exemption for the sale of long-term care or other insurance products by persons other than the continuing care retirement community to residents of the continuing care retirement community.

Section 5. A continuing care retirement community shall provide the following information to any resident or prospective resident: information about all owners and operators of the facility; the affiliation, if any, with other charitable, nonprofit, or religious organizations and any financial obligations of these organizations for the operation of the facility; a description of the goods and services available to the resident as part of the agreement; a listing of services available to residents for extra cost; a description of fees charged to residents; and the most recent financial statement of the provider.

Section 6. Any provider proposing to develop a new continuing care retirement community, which has not previously been in operation in this state, shall establish an escrow account with a bank in this state. Any entrance fees or portions of the entrance fees collected from prospective residents before the commencement of operation of the planned facility shall be deposited in this account. Escrowed deposits may be released to the provider until completion of construction of the facility as evidenced by certificates of occupancy or other permits to commence operation. Deposits shall be released to prospective residents within thirty days of

a receipt of a written notice of cancellation. The provider may retain any accrued interest from canceled deposits and a service fee not to exceed five hundred dollars. A copy of the escrow agreement shall be filed with the director of the Division of Insurance.

Section 7. Any new continuing care retirement community may not start construction until escrowed deposits of at least ten percent of the proposed entrance fee has been received for at least fifty percent of the proposed living units planned to be constructed.

Section 8. The provider shall notify the director of the Division of Insurance when the required amount of escrowed deposits have been reached for construction to start. In addition, notice shall be provided to the director of the Division of Insurance when escrowed deposits are released to the provider. "

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide certain requirements for new continuing care retirement communities. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Arnold Brown, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 237 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 Judiciary respectfully reports that it has had under consideration SB 218 and returns the same with the recommendation that said bill be amended as follows:

On page 17 , line 5 of the printed bill , delete " designated " and insert " registered " .

On page 17 , line 5 , before " agent " insert " registered " .

On page 17 , line 14 , delete everything after " state " and insert " before the first day of the second month following the anniversary month of the filing date. "

On page 39 , line 9 , delete " designated " and insert " registered " .

On page 41 , line 3 , delete " within two years " .

On page 48 , line 3 , delete " an " and insert " a registered " .

On page 48 , line 5 , delete " designated " and insert " registered " .

On page 53 , line 11 , before " agent " insert " registered " .

On page 53 , line 13 , before " office " insert " registered " .

On page 56 , line 5 , after " (e) " insert:

" For filing an application to reserve a name, fifteen dollars;

(f) For issuing a certificate of existence, ten dollars;

(g) For filing an application for reservation of name, one dollar for each month, or fraction thereof, between the date of filing such application and December thirty-first of the calendar year in which such application is filed;

(h) For filing an annual renewal of registration, a limited liability company which has in effect a registration of its name, may renew such registration from year to year by annually filing an application for renewal setting forth the facts required to be set forth in an original application for registration and a certificate of good standing as required for the original registration and by paying a fee of ten dollars. A renewal application may be filed between the first day of October and the thirty-first day of December in each year, and shall extend the registration for the following year;

On page 12 , line 4 of the printed bill , after " limited " insert " liability " .

On page 22 , line 19 of the printed bill , delete " 801(2) " and insert " 801(a)(2) " .

On page 4 , line 14 of the printed bill , delete " § 54-3-16 " and insert " subdivision 54-3- 16(1) " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 235 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 12 of the printed bill , delete " 22-22-1.1 " .

On page 1 , line 12 , after " 22-30A-4, " insert " 22-32-1, 22-32-3, 22-32-8, chapter 22-33, " .

On page 2 , line 12 , delete " or deficient " .

On page 2 , line 18 , delete " chapter " and insert " Act " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 127 and 175 which were tabled.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 226 which was deferred to the 36th legislative day.

Respectfully submitted,
Fred Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 193 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 146 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 12 of the printed bill , delete " or addition " .

On page 2 , delete lines 8 to 11 , inclusive , and insert " dollars or less for any new or existing residential housing project completed on or after July 1, 1999. Once a claim for refund, for a total amount of two thousand dollars, has been received by the owner of a residential housing project, no additional refund may be received by the owner of that residential housing project pursuant to this Act. "

On page 2 , line 18 , delete " or the owner's attorney " and insert " project " .

On page 1 , line 15 of the printed bill , after " site " insert " if the total cost of the project does not exceed one hundred thousand dollars " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 10 of the House Taxation committee engrossed bill , delete " eighteen " and insert " seventeen " .

On page 1 , line 10 , after " thousand " insert " five hundred " .

On page 1 , line 13 , overstrike everything before " ; " and insert " one year and has been a resident of South Dakota for at least one year " .

On page 1 , line 14 , overstrike " eight months " and insert " two hundred days " .

On page 1 , line 1 of the House Taxation committee engrossed bill , after " the " insert " criteria and " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 180, 95, and 98 which were tabled.

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 238 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Randy Frederick, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to transmit herewith HB 1089, 1097, 1122, 1127, 1177, 1188, 1193, 1273, and 1277 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
KAREN GERDES, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on SB 172 as found on page 349 of the Senate Journal; also

     Agriculture and Natural Resources on SB 239 as found on page 349 of the Senate Journal; also

     Appropriations on SB 240 as found on page 350 of the Senate Journal; also

     Commerce on HB 1204 as found on page 342 of the Senate Journal; also

     State Affairs on SB 83 as found on page 342 of the Senate Journal; also

     Commerce on SB 209 as found on page 342 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

Sen. Olson moved that the word "not" be stricken from the report of the Committee on State Affairs on SB 83 as found on page 342 of the Senate Journal and that SB 83 be placed on the calendar for Monday, February 9, the 20th legislative day.

     The question being on Sen. Olson's motion that the word "not" be stricken from the report of the Committee on State Affairs on SB 83 as found on page 342 of the Senate Journal and that SB 83 be placed on the calendar for Monday, February 9, the 20th legislative day.

     And the roll being called:

     Yeas 12, Nays 19, Excused 4, Absent and Not Voting 0

     Yeas were:
Dennert; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Symens; Valandra

Nays were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Rounds; Shoener; Staggers; Vitter; Whiting

Excused were:
Aker; Dunn (Rebecca); Munson (David); Paisley

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

     Sen. Flowers moved that the word "not" be stricken from the report of the Committee on Commerce on SB 209 as found on page 342 of the Senate Journal and that SB 209 be placed on the calendar for Monday, February 9, the 20th legislative day.

     The question being on Sen. Flowers' motion that the word "not" be stricken from the report of the Committee on Commerce on SB 209 as found on page 342 of the Senate Journal and that SB 209 be placed on the calendar for Monday, February 9, the 20th legislative day.

     And the roll being called:

     Yeas 12, Nays 21, Excused 2, Absent and Not Voting 0

     Yeas were:
Dennert; Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford; Olson; Reedy; Symens; Valandra

Nays were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Johnson (William); Kleven; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

Excused were:
Aker; Dunn (Rebecca)

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

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

MOTIONS AND RESOLUTIONS

Sen. Hutmacher moved that the Committee on Agriculture and Natural Resources be instructed to deliver SB 221 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 197: FOR AN ACT ENTITLED, An Act to provide for the means of changing the venue in postjudgment divorce, paternity, and separate maintenance actions.

Was read the second time.

     The question being "Shall SB 197 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1045: FOR AN ACT ENTITLED, An Act to provide for the licensing of loan production offices.

Was read the second time.

     The question being "Shall HB 1045 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1052: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the sale of a mobile home or manufactured homes by a dealer or a real estate salesperson or broker.

Was read the second time.

     The question being "Shall HB 1052 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding registration, numbering, titling, and taxation of certain boats.

Was read the second time.

     The question being "Shall HB 1053 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1139: FOR AN ACT ENTITLED, An Act to revise the procedures for conducting an auction sale of new merchandise.

Was read the second time.

     The question being "Shall HB 1139 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1152: FOR AN ACT ENTITLED, An Act to allow truck tractors to be sold at a temporary special events lot.

Was read the second time.

     The question being "Shall HB 1152 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1154: FOR AN ACT ENTITLED, An Act to revise the maximum allowable length of certain automobile and boat transporters.

Was read the second time.

     The question being "Shall HB 1154 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1176: FOR AN ACT ENTITLED, An Act to revise certain weight restrictions for anhydrous ammonia tank trailers.

Was read the second time.

     The question being "Shall HB 1176 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1198: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to earnings subject to garnishment.

Was read the second time.

     The question being "Shall HB 1198 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 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 second time.

     The question being "Shall HB 1224 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the sale of titled vehicles.

Was read the second time.

     The question being "Shall HB 1254 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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

Sen. Rounds moved that SB 140, 220, and 236 be deferred until Monday, February 9, the 20th legislative day.

Which motion prevailed and the bills were so deferred.

SB 111: FOR AN ACT ENTITLED, An Act to permit a political subdivision to loan all or any portion of a fund to another fund under certain conditions.

Was read the second time.

     The question being "Shall SB 111 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 7, Excused 2, Absent and Not Voting 0

     Yeas were:
Brosz; Brown (Arnold); Dennert; Dunn (Jim); Everist; Flowers; Frederick; Halverson; Ham; Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Albers; Benson; Daugaard; Drake; Hainje; Johnson (William); Staggers

Excused were:
Aker; Dunn (Rebecca)

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 149: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the formation of school districts and contractual agreements among school districts.

Was read the second time.

     The question being "Shall SB 149 pass as amended?"

     And the roll being called:

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

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

Excused were:
Aker; Dunn (Rebecca); Frederick

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 214: FOR AN ACT ENTITLED, An Act to expedite the release of counterfeit liens, court documents, or other instruments on public record.

Was read the second time.

     The question being "Shall SB 214 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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 222: FOR AN ACT ENTITLED, An Act to provide for the liability of certain prisoners confined to jail for the costs of certain services and confinement and to provide a lien therefor.

Was read the second time.

     The question being "Shall SB 222 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1089: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the killing or taking of elk and turkey which are damaging property.

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

HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the Office of Hearing Examiners.

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

HB 1122: FOR AN ACT ENTITLED, An Act to affirm the right of family members to assist in certain births.

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

HB 1127: FOR AN ACT ENTITLED, An Act to revise certain statutes pertaining to the power of municipalities to contract for planning and zoning services.

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

HB 1177: FOR AN ACT ENTITLED, An Act to establish the amount of county road levy that is distributed to any municipality incorporated after 1984.

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

HB 1188: FOR AN ACT ENTITLED, An Act to allow certain family members to file one petition for change of name.

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

HB 1193: FOR AN ACT ENTITLED, An Act to require that certain information be disclosed on the sex offender registry.

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

HB 1273: FOR AN ACT ENTITLED, An Act to regulate guided hunting activity on certain public lands.

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

HB 1277: FOR AN ACT ENTITLED, An Act to mandate control of weeds and pests on property owned or managed by state government agencies.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of certain counselors and to repeal certain provisions relating to the licensing of counselor associates.

Was read the second time.

     The question being "Shall HB 1049 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); 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

Excused were:
Aker; Dunn (Rebecca)

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.

SIGNING OF BILLS

The President publicly read the title to

     HB 1030: FOR AN ACT ENTITLED, An Act to revise and remove certain segments of the state trunk highway system.

     HB 1038: FOR AN ACT ENTITLED, An Act to repeal certain requirements regarding school bus stop arm signals.

     HB 1039: FOR AN ACT ENTITLED, An Act to repeal the prohibition against operating a motor vehicle with parking lights.

     HB 1044: FOR AN ACT ENTITLED, An Act to define certain bank dividends.

     HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of marriage and family therapists.

     HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Board of Counselor Examiners and the regulation of counseling.

     HB 1075: FOR AN ACT ENTITLED, An Act to authorize the towing of certain vehicles in combination by farm implement dealers under certain conditions.

     HB 1081: FOR AN ACT ENTITLED, An Act to allow certain older motor vehicles with out-of-state titles to be sold at public auctions under certain conditions.

     HB 1087: FOR AN ACT ENTITLED, An Act to repeal a prohibition on certain municipalities regarding ownership and operation of medical clinics and to declare an emergency.

     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.

     HB 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the filing of financing statements and continuation statements.

     And signed the same in the presence of the Senate.

Sen. Staggers moved that the Senate do now adjourn, which motion prevailed, and at 1:58 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary