The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of
Allegiance led by Senate page Julie Brandt.
Roll Call: All members present except Sen. Jim Dunn who was excused.
The Senate proceeded to the consideration of the recommendation of the Governor as to
change of style and form of HB 1037 as found on page 524 of the House Journal, as provided
in Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall the recommendation of the Governor as to change of style and
form of HB 1037 be approved?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Dunn (Jim); Paisley
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the recommendation of the Governor as to change of style and form
approved.
January 7, 1999
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota
and Chapter 1-32 of the South Dakota Codified Laws and subject to your consent, I have the
honor to inform you that I have appointed David Volk, Stanley County, Fort Pierre, South
Dakota, Secretary of the Department of Commerce and Regulation.
January 9, 1999
The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Madam President and Members of the Senate:
Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota
and Chapter 1-15 of the South Dakota Codified Laws and subject to your consent, I have the
honor to inform you that I have appointed Jeffrey Bloomberg, Hughes County, Pierre, South
Dakota, Secretary of the Department of Corrections.
This appointment is effective January 9, 1999, and shall continue at the pleasure of the
Governor.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 32 and 98 and finds the same correctly enrolled.
"
Section 2. This Act does not become effective until
§
10-28-21.1 is repealed.
"
"
Section 1. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
a public highway pursuant to a contract administered by the Department of Transportation for
compliance with the weight limitations imposed by this chapter. The Department of
Transportation shall report any offenders to the Department of Commerce and Regulation.
Section 2. That
§
32-2-8.1
be amended to read as follows:
32-2-8.1.
Arrest powers for motor carrier inspectors employed by the Division of Highway
Patrol are limited to violations of chapters 10-47A, 32-5, 32-9, 32-10, 32-12, 32-22, 49-28, and
49-28A and
§
§
50-4-13 to 50-4-17, inclusive,
and
§
32-33-17,
and the rules governing operation
of motor carriers. Motor carrier inspectors who have been given such limited arrest powers are
not considered
"
law enforcement officers
"
for the purposes of
§
23-3-27.
Section 3. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That
§
32-22-56
be amended to read as follows:
32-22-56.
In any case where the motor vehicle is absolutely overweight beyond
the greatest
permissible compensation plate weights for a vehicle of its class
ten thousand pounds
, the
pounds by which the vehicle is so overweight
may
shall
be assessed at double the penalties
prescribed in
§
32-22-55.
"
"
Section 1. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That § 32-2-8.1 be amended to read as follows:
Section 3. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That
§
32-22-56
be amended to read as follows:
32-22-56.
In any case where the motor vehicle is absolutely overweight beyond
the greatest
permissible compensation plate weights for a vehicle of its class
ten thousand pounds
, the
pounds by which the vehicle is so overweight
may
shall
be assessed at double the penalties
prescribed in
§
32-22-55.
"
Any county highway superintendent or municipal street superintendent may inspect any
scale ticket issued by any weight scale operator for a vehicle being used in connection with
removal of construction aggregate from a county-permitted gravel pit or for the construction,
repair, or maintenance of a public highway pursuant to a contract administered by the county
or the municipality for compliance with the weight limitations imposed by this chapter."
"
Section 2. Any civil penalty assessed pursuant to
§
32-22-55 shall be treated as a fine
collected for violations of state laws and shall be paid to the treasurer of the county in which
imposed and distributed among and between all of the several public schools incorporated in
such county in proportion to the number of children in each, of school age, as fixed by law
pursuant to Article VIII, section 3, of the South Dakota Constitution.
"
The Committee on Commerce respectfully reports that it has had under consideration HB
1258 and returns the same with the recommendation that said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1005 and returns the same with the recommendation that said resolution do pass.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1095, 1143, 1196, and 1288 and returns the same with the recommendation that said bills do
pass and be placed on the Consent Calendar.
"
Section 1. That
§
22-42-2.1
be amended to read as follows:
22-42-2.1. No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written
prescription of a practitioner who is not a pharmacist. No prescription for a Schedule II drug or
substance
shall
may
be refilled. A violation of this section is a Class 4 felony.
Any person found
guilty under this section shall be punished by a mandatory sentence in the state penitentiary of
not less than thirty days, which sentence may not be suspended. Probation, suspended
imposition of sentence, or suspended execution of sentence may not form the basis for reducing
the mandatory time of incarceration required by this section.
Section 2. That
§
22-42-2.3
be amended to read as follows:
22-42-2.3.
The sentencing court may impose a sentence other than that which is required
by
§
22-42-2 if the court finds that mitigating circumstances exist which require a departure
from the mandatory sentence imposed by
§
22-42-2. The court's finding of mitigating
circumstances allowed by this section and the factual basis relied upon by the court shall be in
writing.
In no case may the departure from the mandatory sentence result in the court imposing
a sentence or a term of probation or condition of suspension that does not include mandatory
incarceration in the state penitentiary for not less than thirty days.
Section 3. That
§
22-42-3
be amended to read as follows:
22-42-3.
Except as authorized by this chapter or chapter 34-20B, no person may
manufacture, distribute, or dispense a substance listed in Schedule III; possess with intent to
manufacture, distribute, or dispense, a substance listed in Schedule III; create or distribute a
counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit
substance listed in Schedule III. A violation of this section is a Class 5 felony. However, the
distribution of a substance listed in Schedule III to a minor is a Class 3 felony. A first conviction
under this section shall be punished by a mandatory sentence in the state penitentiary
or county
jail
of at least thirty days, which sentence may not be suspended. A second or subsequent
conviction under this section shall be punished by a mandatory penitentiary
or county jail
sentence of at least one year, which sentence may not be suspended. However, a first conviction
for distribution to a minor under this section shall be punished by a mandatory sentence in the
state penitentiary
or county jail
of at least ninety days, which sentence may not be suspended.
A second or subsequent conviction for distribution to a minor under this section shall be
punished by a mandatory sentence in the state penitentiary of at least two years, which sentence
may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty,
upon a conviction of a violation of this section not to exceed ten thousand dollars.
Probation,
suspended imposition of sentence, or suspended execution of sentence may not form the basis
for reducing the mandatory time of incarceration required by this section.
Section 4. That
§
22-42-4
be amended to read as follows:
22-42-4.
Except as authorized by this chapter or chapter 34-20B, no person may
manufacture, distribute, or dispense a substance listed in Schedule IV; possess with intent to
manufacture, distribute, or dispense, a substance listed in Schedule IV; create or distribute a
counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit
substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the
distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. A first
conviction under this section shall be punished by a mandatory sentence in the state penitentiary
or county jail
of at least thirty days, which sentence may not be suspended. A second or
subsequent conviction under this section shall be punished by a mandatory penitentiary
or
county jail
sentence of at least one year, which sentence may not be suspended. A civil penalty
may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this
section not to exceed ten thousand dollars.
Probation, suspended imposition of sentence, or
suspended execution of sentence may not form the basis for reducing the mandatory time of
incarceration required by this section.
Section 5. That
§
22-42-4.1
be amended to read as follows:
22-42-4.1.
Except when
Unless
dispensed directly by a practitioner, other than a pharmacist,
to an ultimate user, no controlled drug or substance included in Schedule III or Schedule IV may
be dispensed without a written or oral prescription. Such prescription may not be filled or
refilled more than six months after the date thereof or be refilled more than five times after the
date of the prescription, unless renewed by the practitioner. A violation of this section is a Class
5 felony.
Any person found guilty under this section shall be punished by a mandatory sentence
in the state penitentiary of not less than thirty days, which sentence may not be suspended.
Probation, suspended imposition of sentence, or suspended execution of sentence may not form
the basis for reducing the mandatory time of incarceration required by this section.
Section 6. That
§
22-42-5
be amended to read as follows:
22-42-5.
No person may knowingly possess a controlled drug or substance unless the
substance was obtained directly or pursuant to a valid prescription or order from a practitioner,
while acting in the course of the practitioner's professional practice or except as otherwise
authorized by chapter 34-20B. A violation of this section is a Class 4 felony.
Any person found
guilty under this section shall be punished by a mandatory sentence in the state penitentiary of
not less than thirty days, which sentence may not be suspended. Probation, suspended
imposition of sentence, or suspended execution of sentence may not form the basis for reducing
the mandatory time of incarceration required by this section.
Section 7. That
§
22-42-6
be amended to read as follows:
22-42-6.
No person may knowingly possess marijuana. It is a
Class 1
Class A
misdemeanor
to possess two ounces of marijuana or less. It is a Class 6 felony to possess more than two
ounces of marijuana but less than one-half pound of marijuana. It is a Class 5 felony to possess
one-half pound but less than one pound of marijuana. It is a Class 4 felony to possess one to ten
pounds of marijuana. It is a Class 3 felony to possess more than ten pounds of marijuana.
Any
person found guilty of a Class A misdemeanor or felony under this section shall be punished
by a mandatory sentence in the state penitentiary of not less than thirty days, which sentence
may not be suspended. Probation, suspended imposition of sentence, or suspended execution
of sentence may not form the basis for reducing the mandatory time of incarceration required
by this section.
A civil penalty may be imposed, in addition to any criminal penalty, upon a
conviction of a violation of this section not to exceed ten thousand dollars.
Section 8. That
§
22-42-7
be amended to read as follows:
22-42-7.
The distribution of less than one-half ounce of marijuana without consideration is
a
Class 1
Class A
misdemeanor; otherwise, the distribution of one ounce or less of marijuana
is a Class 6 felony. The distribution of more than one ounce but less than one-half pound of
marijuana is a Class 5 felony. The distribution of one-half pound but less than one pound of
marijuana is a Class 4 felony. The distribution of one pound or more of marijuana is a Class 3
felony. However, the distribution of any amount of marijuana to a minor is a Class 4 felony.
A
first conviction
Any person found guilty of a Class A misdemeanor under this section shall be
punished by a mandatory sentence in the state penitentiary of not less than thirty days, which
sentence may not be suspended. Any person found guilty
of a felony under this section shall be
punished by a mandatory sentence in the state penitentiary
or county jail
of at least thirty days,
which sentence may not be suspended. A second or subsequent conviction of a
Class A
misdemeanor under this sentence shall be punished by a mandatory sentence of not less than
sixty days, which sentence may not be suspended. A second or subsequent conviction of a
felony under this section shall be punished by a mandatory sentence of at least one year
.
Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory
sentence in county jail of not less than fifteen days, which sentence may not be suspended
,
which sentence may not be suspended. Probation, suspended imposition of sentence, or
suspended execution of sentence may not form the basis for reducing the mandatory time of
incarceration required by this section
. A civil penalty may be imposed, in addition to any
criminal penalty, upon a conviction of a felony violation of this section not to exceed ten
thousand dollars.
Section 9. That
§
22-42-8
be amended to read as follows:
22-42-8.
Any person who knowingly obtains possession of a controlled drug or substance
by theft, misrepresentation, forgery, fraud, deception, or subterfuge is guilty of a Class 4 felony.
Any person found guilty under this section shall be punished by a mandatory sentence in the
state penitentiary of not less than thirty days, which sentence may not be suspended. Probation,
suspended imposition of sentence, or suspended execution of sentence may not form the basis
for reducing the mandatory time of incarceration required by this section.
Section 10. That
§
22-42-10
be amended to read as follows:
22-42-10.
Any person who keeps or maintains a place which is resorted to by persons using
controlled drugs and substances for the purpose of using such substances, or which is used for
the keeping or selling of such substances, is guilty of a Class 5 felony.
Any person found guilty
under this section shall be punished by a mandatory sentence in the state penitentiary of not less
than thirty days, which sentence may not be suspended. Probation, suspended imposition of
sentence, or suspended execution of sentence may not form the basis for reducing the mandatory
time of incarceration required by this section.
Section 11. That
§
22-42-16
be amended to read as follows:
22-42-16. No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. Any person who violates this section is guilty of a Class 6 felony. Any person found guilty under this section shall be punished by a mandatory sentence in the state penitentiary of not less than thirty days, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section.
22-42-19.
Any person who commits a violation of
§
22-42-2, 22-42-3, or 22-42-4, or a
felony violation of
§
22-42-7, if such activity has taken place:
Section 13. That
§
34-20B-42
be amended to read as follows:
34-20B-42.
No person who is a registrant
shall
may
manufacture, distribute, or dispense a
controlled drug or substance not authorized by his registration to another registrant or other
authorized person. A violation of this section may be punished by a civil fine of not more than
ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 5 felony.
Any person found guilty under this section shall be punished by a mandatory sentence in the
state penitentiary of not less than thirty days, which sentence may not be suspended. Probation,
suspended imposition of sentence, or suspended execution of sentence may not form the basis
for reducing the mandatory time of incarceration required by this section.
Section 14. That
§
34-20B-46
be amended to read as follows:
34-20B-46. It is a Class 5 felony for any person who is a registrant knowingly to distribute a controlled drug or substance classified in Schedules I or II, in the course of his legitimate business, except pursuant to an order form as required by this chapter. Any person found guilty under this section shall be punished by a mandatory sentence in the state penitentiary of not less than thirty days, which sentence may not be suspended. Probation, suspended imposition of
sentence, or suspended execution of sentence may not form the basis for reducing the mandatory
time of incarceration required by this section.
Section 15. The mandatory incarceration provisions of sections 1 to 14, inclusive, of this Act
do not apply to a child, as defined in
§
26-7A-1(6), unless the child is tried as an adult pursuant
to
§
26-11-3.1 or 26-11-4.
Section 16. The provisions of
§
23A-27-35 do not apply to any person found guilty of a
Class A misdemeanor.
Section 17. That
§
22-1-4
be amended to read as follows:
22-1-4.
Crimes are either felonies or misdemeanors. A felony is a crime which is or may be
punishable by imprisonment in the state penitentiary. Every other crime is a misdemeanor.
However, Class A misdemeanors are misdemeanors notwithstanding a mandatory sentence to
the state penitentiary.
Section 18. That
§
22-6-2
be amended to read as follows:
22-6-2.
Except as otherwise provided by law, misdemeanors are divided into
two
three
classes which are distinguished from each other by the following maximum penalties which are
authorized upon conviction:
Section 19. That
§
26-8C-4
be amended to read as follows:
Section 20. That
§
26-8C-7
be amended to read as follows:
26-8C-7.
If
Except as provided in section 21 of this Act, if
a child has been adjudicated as
a delinquent child, the court shall enter a decree of disposition according to the least restrictive
alternative available in keeping with the best interests of the child. The decree shall contain one
or more of the following alternatives:
"
Section 1. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That
§
22-42-2.3
be amended to read as follows:
22-42-2.3.
The sentencing court may impose a sentence other than that which is required
by
§
22-42-2
and section 1 of this Act
if the court finds that mitigating circumstances exist
which require a departure from the mandatory sentence imposed by
§
22-42-2
or section 1 of
this Act
. The court's finding of mitigating circumstances allowed by this section and the factual
basis relied upon by the court shall be in writing
and shall be filed with the clerk of courts
.
Section 3. The mandatory incarceration provisions of section 1 of this Act do not apply to
a child, as defined in subdivision 26-7A-1(6), unless the child is tried as an adult pursuant to
§
26-11-3.1 or 26-11-4.
Section 4. Notwithstanding the provisions of
§
22-1-4, crimes otherwise denominated as
misdemeanors whose penalty includes an additional ten-day incarceration in the custody of the
Department of Corrections pursuant to section 1 of this Act shall remain classified as
misdemeanors.
Section 5. The provisions of
§
23A-27-35 do not apply to any person whose sentence
includes no more than ten days incarceration in the custody of the Department of Corrections.
Section 6. That
§
22-6-2
be amended to read as follows:
Section 7. That
§
26-8C-4
be amended to read as follows:
26-8C-4.
If the court is satisfied that the best interests of the public, justice and child will
be served, the court may, without entering an adjudication of delinquency, with consent of the
child, suspend imposition of adjudication of delinquency and place the child on probation under
the terms, conditions
,
and duration required by the court.
If the proceeding involves the
unlawful possession or distribution of marijuana or a controlled drug or substance, the court
shall include as a condition of probation that the child be committed to the Department of
Corrections for a period of not less than ten days which may not be reduced unless the court
finds mitigating circumstances exist which require a departure from the mandatory ten-day
incarceration in the custody of the Department of Corrections. The court's finding of mitigating
circumstances allowed by this section and the factual basis relied upon by the court shall be in
writing.
A court may revoke the suspension at any time during the probationary period and
impose an adjudication of delinquency without diminishment or credit for any of the
probationary period.
Section 8. That
§
26-8C-7
be amended to read as follows:
26-8C-7.
If
Except as provided in section 7 of this Act, if
a child has been adjudicated as a
delinquent child, the court shall enter a decree of disposition according to the least restrictive
alternative available in keeping with the best interests of the child. The decree shall contain one
or more of the following alternatives:
Section 10. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as
follows:
Section 11. There is hereby appropriated from the general fund the sum of one million
dollars ($1,000,000), or so much thereof as may be necessary, to the Office of the Governor for
the purpose of making payments for the rewards authorized in section 10 of this Act.
Section 12. The Governor shall approve vouchers and the state auditor shall draw warrants
to pay expenditures authorized by this Act.
"
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1007 and returns the same with the recommendation that said resolution be concurred in
and be placed on the Consent Calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1002 which was amended as follows:
The Committee on State Affairs respectfully reports that it has had under consideration SB
4 which was tabled.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has under consideration the
nomination of Ronald W. Wheeler of Hughes County, Pierre, South Dakota, as the Secretary
of the Department of Transportation and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has under consideration the
nomination of John N. Jones of Hughes County, Pierre, South Dakota, as the Secretary of the
Department of Human Services and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has under consideration the
nomination of Gary R. Viken of Hughes County, Pierre, South Dakota, as the Secretary of the
Department of Revenue and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said appointment.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has under consideration the
nomination of Donald J. Goldhorn of Dededo, Guam, as the Assistant Adjutant General, Army,
and returns the same with the recommendation that the Senate advise and consent to the
confirmation of said appointment.
"
Section
1.
There is hereby created the Postsecondary Education Advance Payment Program
Task Force to study the feasibility of a program allowing for the advance payment of tuition.
The task force shall consist of the executive director of the Board of Regents, the director of the
Division of Workforce and Career Preparation in the Department of Education and Cultural
Affairs, the state treasurer and two members of each house of the Legislature appointed by the
Executive Board of the Legislative Research Council.
Section
2.
The study shall include possible policies and procedures governing the:
"
Section 2. Any public library that provides a public access computer shall develop and
implement, by January 1, 2001, a policy that establishes measures to restrict minors from
computer access to obscene materials.
"
The Committee on Education respectfully reports that it has had under consideration HB
1251 and returns the same with the recommendation that said bill be referred to the Committee
on Appropriations with a do pass recommendation.
The Committee on Education respectfully reports that it has had under consideration SB
244 and HB 1148 which were tabled.
MADAM PRESIDENT:
I have the honor to return herewith SB 32 and 98 which have passed the House without
change.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1004, 1121, 1166, 1223, 1254, 1264, and 1270
which have passed the House and your favorable consideration is respectfully requested.
Sen. Staggers requested that HB 1144 be removed from the Consent Calendar.
HB 1109:
FOR AN ACT ENTITLED, An Act to
provide, by a single procedure, for the
amendment and restatement of the articles of incorporation of certain nonprofit corporations.
Was read the second time.
The question being "Shall HB 1109 pass?"
And the roll being called:
Excused were:
Dunn (Jim)
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 1130:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
involuntary commitment of certain mentally ill persons.
Was read the second time.
The question being "Shall HB 1130 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Dunn (Jim)
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
allow certain community-based primary
health organizations to provide publicly funded dental services.
Was read the second time.
The question being "Shall HB 1135 pass?"
And the roll being called:
Excused were:
Dunn (Jim)
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 1136:
FOR AN ACT ENTITLED, An Act to
revise who may be informed of a
decedent's intention to make an anatomical gift.
Was read the second time.
The question being "Shall HB 1136 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Dunn (Jim)
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 1140:
FOR AN ACT ENTITLED, An Act to
decrease the rate of interest on property
tax certificates and delinquent taxes.
Was read the second time.
The question being "Shall HB 1140 pass as amended?"
And the roll being called:
Excused were:
Dunn (Jim)
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 1146:
FOR AN ACT ENTITLED, An Act to
revise the procedure for determining
when the unpaid taxes of a mobile home are delinquent.
Was read the second time.
The question being "Shall HB 1146 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Dunn (Jim)
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 1172:
FOR AN ACT ENTITLED, An Act to
authorize boards of county
commissioners to hold certain meetings at locations outside of the county seat.
Was read the second time.
The question being "Shall HB 1172 pass as amended?"
And the roll being called:
Excused were:
Dunn (Jim)
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 1193:
FOR AN ACT ENTITLED, An Act to
revise the definition of a temporary
supplemental lot.
Was read the second time.
The question being "Shall HB 1193 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Dunn (Jim)
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 1246:
FOR AN ACT ENTITLED, An Act to
provide a per diem allowance for county
and municipal housing and redevelopment commissioners.
Was read the second time.
The question being "Shall HB 1246 pass as amended?"
And the roll being called:
Excused were:
Dunn (Jim)
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 203:
FOR AN ACT ENTITLED, An Act to
enact the Uniform Prudent Investor Act.
Was read the second time.
Sen. Everist moved that SB 203 be deferred until Friday, February 19, the 28th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 233:
FOR AN ACT ENTITLED, An Act to
provide increased funding for the
maintenance of state and local highways and roads.
Having had its second reading was up for consideration and final passage.
The question being on Sen. Frederick's pending substitute motion that SB 233 be amended
as found on page 530 of the Senate Journal.
There being no objection, Sen. Frederick withdrew his pending substitute motion to amend
SB 233 and Sen. Olson withdrew his pending motion to amend SB 233.
"
Section 9. That
§
32-10-35
be amended to read as follows:
32-10-35.
Fees collected by the secretary of revenue and not otherwise provided for shall
be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary
of revenue pursuant to
§
32-5B-1 shall be deposited in the state highway fund. Fees collected
under chapter 32-10 by the secretary of revenue pursuant to chapter 32-9 shall be distributed
with
fifty-four
fifty-seven
percent to the
state highway
local government highway and bridge
fund, forty-one
and one-half percent to counties,
two
one-half
percent to the state motor vehicle
fund, and
two and one-half
one
percent to the state license plate special revenue fund. The
counties' portion shall be distributed among the counties, pro rata, twenty-five percent according
to truck registrations, twenty-five percent according to population, and fifty percent according
to total road mileage. Each county shall distribute fifty-four percent of its portion to the county
general fund, thirty-four percent of its portion to the special highway fund as provided by
§
32-11-4.1, and twelve percent of its portion to the municipalities of the county pursuant to
§
32-11-4.1.
Section 10. There is hereby appropriated each fiscal year from the state highway fund the
sum of one million thirty-three thousand two hundred sixty-nine dollars and ten cents to the
Department of Revenue for distribution to the counties. The moneys shall be distributed to the
counties in the same amounts as funds were distributed to the counties by the Department of
Game, Fish and Parks for license fees in calendar year 1997, pursuant to
§
41-6-70. The moneys
shall be deposited in the special highway fund of each county. The secretary of revenue shall
distribute the money prior to December thirty-first of each year.
"
Delete pages 5 and 6.
" Section 11. That § 32-5A-1 be amended to read as follows:
Section 12. That
§
32-5A-6
be repealed.
32-5A-6.
If a county imposes a wheel tax pursuant to
§
32-5A-1 in excess of two dollars per
wheel, all of the revenue from the tax that is in excess of two dollars per wheel shall be used to
replace property taxes the county imposes for highway purposes.
Section 13. Section 1 of this Act is repealed on July 1, 2005.
"
"
Section 11. The effective date of section 1 of this Act is May 1, 1999.
Section 13. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.
"
The question being "Shall SB 233 pass as amended?"
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick;
Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Moore; Munson (David);
Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Benson; Brosz; Brown (Arnold); Drake; Hainje; Kloucek; Staggers
The question being on the title.
Sen. Rounds moved that the title to SB 233 be amended as follows:
SB 217:
FOR AN ACT ENTITLED, An Act to
authorize certain expenditures out of the
water and environment fund, the environment and natural resources fee fund, and the federal
hardship grant program, and to declare an emergency.
Was read the second time.
Sen. Rounds moved that SB 217 be placed to follow SB 218 on today's calendar.
Which motion prevailed and the bill was so placed.
SB 218:
FOR AN ACT ENTITLED, An Act to
make an appropriation from the
coordinated soil and water conservation fund to the State Conservation Commission.
Was read the second time.
The question being "Shall SB 218 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Excused were:
Dunn (Jim); Paisley
SB 217:
FOR AN ACT ENTITLED, An Act to
authorize certain expenditures out of the
water and environment fund, the environment and natural resources fee fund, and the federal
hardship grant program, and to declare an emergency.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 217 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Dunn (Jim)
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 219:
FOR AN ACT ENTITLED, An Act to
make appropriations for a donation to the
World War II National Memorial and for commemorative memorials for persons awarded the
Congressional Medal of Honor and to declare an emergency.
Was read the second time.
The question being "Shall SB 219 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Valandra; Vitter; Whiting
HB 1004:
FOR AN ACT ENTITLED, An Act to
increase and revise license fees for certain
noncommercial vehicles, to revise the distribution of license fees, and to increase the excise tax
on certain motor fuels.
Was read the first time and referred to the Committee on Transportation.
HB 1121:
FOR AN ACT ENTITLED, An Act to
provide health insurance coverage for
diabetes supplies, equipment, and self-management training and education.
Was read the first time and referred to the Committee on Commerce.
HB 1166:
FOR AN ACT ENTITLED, An Act to
revise the index factor for purposes of
distributing state aid to education.
Was read the first time and referred to the Committee on Appropriations.
HB 1223:
FOR AN ACT ENTITLED, An Act to
allow access to a deceased person's
medical record.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1254:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to local
government officer conflicts of interest.
Was read the first time and referred to the Committee on Local Government.
HB 1264:
FOR AN ACT ENTITLED, An Act to
clarify the meaning of the term,
biologically-based mental illness.
Was read the first time and referred to the Committee on State Affairs.
HB 1015:
FOR AN ACT ENTITLED, An Act to
revise certain election procedures for the
formation of certain special districts and the election of directors, managers, or trustees.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1015 pass as amended?"
And the roll being called:
Yeas 16, Nays 18, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dunn (Rebecca); Ham; Lawler; Madden;
Munson (David); Rounds; Shoener; Staggers; Valandra; Vitter; Whiting
Nays were:
Bogue; Dennert; Drake; Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Hutmacher;
Kleven; Kloucek; Lange; Moore; Olson; Paisley; Reedy; Symens
Excused were:
Dunn (Jim)
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
HB 1053: FOR AN ACT ENTITLED, An Act to revise the open container law.
"
35-1-9.1.
It is a Class 2 misdemeanor for any person
to have a package or any receptacle
containing an alcoholic beverage in his possession in a motor vehicle unless the seal of the
original package remains unbroken or the alcoholic beverage is so removed that no occupant
of the motor vehicle shall have access to it while the vehicle is in motion
occupying a motor
vehicle located upon a public highway or the right-of-way of a public highway to consume any
alcoholic beverage or have a package or any receptacle containing an alcoholic beverage in that
person's possession unless the seal of the original package remains unbroken or the alcoholic
beverage is so removed from the passenger area of the motor vehicle that no occupant of the
motor vehicle has access to it
.
"
The question being "Shall HB 1053 pass as amended?"
And the roll being called:
Nays were:
Kloucek
Excused were:
Dunn (Jim)
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.
There being no objection, the Senate reverted to Order of Business No. 8.
Sen. Halverson moved that HB 1121 be referred from the Committee on Commerce to the
Committee on Health and Human Services.
Which motion prevailed and the bill was so referred.
"
Section 12. That
§
31-12A-5
be amended to read as follows:
"
Section 1. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Sen. Daugaard moved that Sen. Kloucek's motion to further amend HB 1070 be laid on the
table.
Which motion prevailed.
The question being "Shall HB 1070 pass as amended?"
And the roll being called:
Yeas 23, Nays 9, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dunn (Rebecca); Hainje; Halverson; Ham;
Kleven; Lange; Lawler; Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter; Whiting
Nays were:
Brosz; Dennert; Drake; Duxbury; Flowers; Hutmacher; Kloucek; Moore; Olson
Excused were:
Dunn (Jim); Everist; Frederick
HB 1199:
FOR AN ACT ENTITLED, An Act to
restrict the distribution of alcoholic
beverages to persons under eighteen years of age by parents, guardians, or spouses over twenty-
one years of age.
Was read the second time.
The question being "Shall HB 1199 pass as amended?"
And the roll being called:
Yeas 18, Nays 14, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dunn (Rebecca); Frederick; Hainje;
Halverson; Ham; Kleven; Lawler; Munson (David); Olson; Paisley; Reedy; Rounds; Vitter
Nays were:
Bogue; Dennert; Drake; Everist; Flowers; Hutmacher; Kloucek; Lange; Madden; Moore;
Staggers; Symens; Valandra; Whiting
Excused were:
Dunn (Jim); Duxbury; Shoener
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 1039:
FOR AN ACT ENTITLED, An Act to
repeal the licensing of resident and
nonresident professional dog trainers, to restrict the training of dogs on wild game birds, and
to repeal certain big game licensing requirements.
Was read the second time.
The question being "Shall HB 1039 pass as amended?"
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury;
Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden;
Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens;
Valandra; Vitter; Whiting
Excused were:
Brosz; Dunn (Jim); Everist
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 1096:
FOR AN ACT ENTITLED, An Act to
make the appointment of the county
planning commission permissive.
Was read the second time.
The question being "Shall HB 1096 pass as amended?"
And the roll being called:
Yeas 20, Nays 11, Excused 4, Absent and Not Voting 0
Yeas were:
Albers; Bogue; Brown (Arnold); Daugaard; Drake; Duxbury; Flowers; Halverson; Ham;
Kleven; Madden; Moore; Munson (David); Paisley; Rounds; Shoener; Staggers; Valandra;
Vitter; Whiting
Nays were:
Brosz; Dennert; Dunn (Rebecca); Hainje; Hutmacher; Kloucek; Lange; Lawler; Olson; Reedy;
Symens
Excused were:
Benson; Dunn (Jim); Everist; 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.
HB 1107:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
mutually binding agreements between beer wholesalers and brewers, to revise a term relative
to beer industry relationships, and to make provisions for malt beverage brand extensions.
Was read the second time.
The question being "Shall HB 1107 pass as amended?"
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler;
Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Symens; Valandra; Vitter;
Whiting
Nays were:
Everist; Paisley; Staggers
Excused were:
Dunn (Jim); 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.
HB 1134:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
weight and speed allowances for certain harvest vehicles.
Was read the second time.
The question being "Shall HB 1134 pass as amended?"
And the roll being called:
Yeas 28, Nays 3, Excused 4, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Duxbury; Everist;
Flowers; Halverson; Ham; Hutmacher; Kleven; Lange; Madden; Moore; Munson (David);
Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Nays were:
Dunn (Rebecca); Hainje; Lawler
Excused were:
Dunn (Jim); Frederick; Kloucek; Valandra
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 1151:
FOR AN ACT ENTITLED, An Act to
revise the property tax levies for the
general fund of a school district.
Was read the second time.
Sen. Rounds moved that HB 1151 be deferred until Thursday, February 25, the 32nd
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1160:
FOR AN ACT ENTITLED, An Act to
permit a municipality or county to issue
a temporary special retail on-sale wine dealers' license for certain special events.
Was read the second time.
The question being "Shall HB 1160 pass?"
And the roll being called:
Nays were:
Albers; Halverson; Kloucek; Lawler; Olson
Excused were:
Dunn (Jim); Valandra
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 1207:
FOR AN ACT ENTITLED, An Act to
increase the time period for which a
driver's license is revoked for certain drug offenses.
Was read the second time.
The question being "Shall HB 1207 pass as amended?"
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Rebecca);
Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler;
Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter;
Whiting
Nays were:
Flowers; Kloucek; Moore
HB 1262:
FOR AN ACT ENTITLED, An Act to
provide a procedure to form a road
district if there is three or less landowners.
Was read the second time.
"
Section 3. That chapter 31-12A be amended by adding thereto a NEW SECTION to read
as follows:
The question being "Shall HB 1262 pass as amended?"
And the roll being called:
Yeas 24, Nays 8, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brown (Arnold); Daugaard; Dunn (Rebecca); Duxbury; Frederick;
Hainje; Halverson; Ham; Kleven; Lange; Lawler; Madden; Munson (David); Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Vitter; Whiting
Nays were:
Brosz; Dennert; Drake; Flowers; Hutmacher; Kloucek; Moore; Olson
Excused were:
Dunn (Jim); Everist; Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The President publicly read the title to
SB 32:
FOR AN ACT ENTITLED, An Act to
revise certain procedures concerning the
contents, data, and form of a municipal initiative and referendum and to provide certain rule-
making authority.
SB 98:
FOR AN ACT ENTITLED, An Act to
require a bail bondsperson to be licensed
in the state to conduct bail bondsperson activities in the state.
HB 1027:
FOR AN ACT ENTITLED, An Act to
increase the maximum benefits payable
under the crime victims' compensation program.
HB 1042:
FOR AN ACT ENTITLED, An Act to
authorize the secretary of commerce and
regulation to issue restricted driver licenses to persons whose driving privileges have been
withdrawn and to promulgate certain administrative rules.
HB 1056:
FOR AN ACT ENTITLED, An Act to
revise certain requirements for
coordination of benefits of group health plans.
HB 1091:
FOR AN ACT ENTITLED, An Act to
provide that stipulations regarding the
value of an estate being probated and decrees regarding the inheritance tax due be sealed.
HB 1094:
FOR AN ACT ENTITLED, An Act to
revise certain guardianship and
conservatorship provisions regarding appointment hearings, financial statements, and
successors.
HB 1192:
FOR AN ACT ENTITLED, An Act to
extend the time allowed to file an
affidavit of recusal of hearing examiner.
HB 1217:
FOR AN ACT ENTITLED, An Act to
revise the procedure for determining the
period of time that has elapsed for a person who was previously convicted of driving under the
influence.
And signed the same in the presence of the Senate.
SC 13
Introduced by:
Senators Valandra, Albers, Benson, Bogue, Brosz, Brown (Arnold),
Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebecca), Duxbury, Everist, Flowers, Frederick,
Hainje, Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange, Lawler, Madden, Moore,
Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers, Symens, Vitter, and
Whiting and Representatives Hagen, Apa, Broderick, Brooks, Brown (Jarvis), Brown (Richard),
Burg, Cerny, Chicoine, Clark, Crisp, Cutler, Davis, Derby, Diedrich (Larry), Diedtrich (Elmer),
Duenwald, Duniphan, Earley, Eccarius, Engbrecht, Fischer-Clemens, Fitzgerald, Fryslie,
Garnos, Haley, Hanson, Hennies, Hunt, Jaspers, Juhnke, Kazmerzak, Klaudt, Koehn, Koetzle,
Konold, Kooistra, Koskan, Lintz, Lockner, Lucas, McCoy, McIntyre, McNenny, Michels,
Monroe, Munson (Donald), Nachtigal, Napoli, Patterson, Peterson, Pummel, Putnam, Richter,
Roe, Sebert, Slaughter, Smidt, Solum, Sutton (Daniel), Sutton (Duane), Volesky, Waltman,
Weber, Wilson, Windhorst, Wudel, and Young
A LEGISLATIVE COMMEMORATION,
Honoring the late Robert Penn, who passed away
on February 7, 1999, for his artistic contributions to American Indian culture and the State
of South Dakota.
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 19, the 28th legislative day.
Which motion prevailed.
Sen. Arnold Brown moved that the Senate do now adjourn, which motion prevailed, and
at 5:28 p.m. the Senate adjourned.