Senate Journal 02/16/2000 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 16, 2000

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Rebecca Rodgers.

     Roll Call: All members present.

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 twenty-sixth day and finds that the following correction shall be made:

On page 495, line 13, after "84," insert "94,".

On page 503, after line 2 insert:

    "SB 94: FOR AN ACT ENTITLED, An Act to revise the procedure for the combined description of lots or tracts assessed to the same person in the same block for tax purposes."

     All other 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 Halverson, Chair

Which motion prevailed and the report was adopted.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1195 as found on page 626 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 1195 be approved?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; 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; Rounds; Shoener; Staggers; Symens; Valandra; Vitter

Nays were:
Bogue

Excused were:
Brown (Arnold); Reedy; Whiting

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.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1197 and 1261 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1239 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , delete line 15 of the House engrossed bill .

On page 2 , delete lines 1 to 10 , inclusive .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1272 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , after " thereafter " insert " while the child remains in a correctional placement " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1246 which was tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1266 and 1288 which were deferred to the 36th legislative day.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1134, 1179, and 1237 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1126 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Arlene H. Ham, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1213 and 1222 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1139 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , delete " and ~~fifteen~~ five cents " and insert " ~~and fifteen cents~~ " .

On page 1 , line 13 , delete " sixty " and insert " fifty-five " .

On page 2 , line 3 , delete " six " and insert " one " .

On page 2 , line 8 , delete " sixty " and insert " fifty-five " .

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

Respectfully submitted,
Keith Paisley, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1137, 1174, and 1308 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1052 and 1100 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , after line 10 of the printed bill , insert:

" Section 2. That chapter 27B-7 be amended by adding thereto a NEW SECTION to read as follows:

Any person serving as a member of a county review board, whose action regarding the applications or petitions for involuntary commitment or for the safekeeping otherwise of persons subject to involuntary commitment is taken in good faith, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct. "

On page 1 , line 2 of the printed bill , after " illness " insert " and county review boards " .

And that as so amended said bill do pass.

Respectfully submitted,
Dennis Daugaard, Vice Chair

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 20, 42, 44, 52, 55, 79, 83, 86, 92, 98, 99, 151, 163, 167, 187, 190, 193, 200, and 201 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 20, 42, 44, 52, 55, 79, 83, 86, 92, 98, 99, 151, 163, 167, 187, 190, 193, 200, and 201 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 59 and 97 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to return herewith SCR 2 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Symens moved that the Senate do concur in House amendments to SB 8.

     The question being on Sen. Symens' motion that the Senate do concur in House amendments to SB 8.

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Drake; Frederick

Excused were:
Brown (Arnold)

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

     Sen. Ham moved that the Senate do concur in House amendments to SB 16.

     The question being on Sen. Ham's motion that the Senate do concur in House amendments to SB 16.

     And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

Yeas were:
Albers; Benson; Bogue; Brosz; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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

     Sen. Shoener moved that the Senate do concur in House amendments to SB 33.

     The question being on Sen. Shoener's motion that the Senate do concur in House amendments to SB 33.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; 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; Symens; Valandra; Vitter; Whiting

Nays were:
Staggers

Excused were:
Brown (Arnold)

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

Sen. Halverson moved that the Senate do not concur in House amendments to SB 71 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President appointed as such committee Sens. Brosz, Halverson, and Kloucek.

     Sen. Moore moved that the Senate do concur in House amendments to SB 153.

     The question being on Sen. Moore's motion that the Senate do concur in House amendments to SB 153.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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

SCR 6: A CONCURRENT RESOLUTION, Urging the establishment of the Lewis and Clark Bicentennial Commemoration Commission.

    Was read the second time.

     Sen. Kloucek moved that SCR 6 as found on page 269 of the Senate Journal be adopted.

     The question being on Sen. Kloucek's motion that SCR 6 be adopted.

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent and Not Voting 0

     Yeas were:
Brosz; Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Paisley; Reedy; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Albers; Benson; Bogue; Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Rounds; Shoener

Excused were:
Brown (Arnold)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted.

Sen. Halverson moved that HCR 1009 be deferred until Friday, February 18, the 29th legislative day.

Which motion prevailed and the resolution was so deferred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on HB 1200 as found on page 490 of the Senate Journal; also

     Transportation on HB 1212 as found on page 491 of the Senate Journal; also

     Commerce on HB 1133 as found on page 493 of the Senate Journal; also

     Retirement Laws on HB 1156 as found on page 493 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Staggers requested that HB 1280 be removed from the Consent Calendar.

HB 1165: FOR AN ACT ENTITLED, An Act to revise the elements of the crime of bigamy.

Was read the second time.

     The question being "Shall HB 1165 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; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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 1203: FOR AN ACT ENTITLED, An Act to revise certain notice requirements for accidents involving only damage to the motor vehicle of the driver.

Was read the second time.

     The question being "Shall HB 1203 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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 1214: FOR AN ACT ENTITLED, An Act to revise certain segments of the state trunk highway system.

Was read the second time.

     The question being "Shall HB 1214 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; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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 exempt certain church plans from certain insurance provisions.

Was read the second time.

     The question being "Shall HB 1224 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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 1277: FOR AN ACT ENTITLED, An Act to require the compiling and reporting of certain domestic abuse information.

Was read the second time.

     The question being "Shall HB 1277 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; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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 1296: FOR AN ACT ENTITLED, An Act to revise the requirements for motorcycle mufflers.

Was read the second time.

     The question being "Shall HB 1296 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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 1309: FOR AN ACT ENTITLED, An Act to revise the licensure renewal date for chiropractors.

Was read the second time.

     The question being "Shall HB 1309 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; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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 1315: FOR AN ACT ENTITLED, An Act to authorize use of special education funds for initiatives at the South Dakota School for the Blind and the Visually Impaired and the South Dakota School for the Deaf.

Was read the second time.

     The question being "Shall HB 1315 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; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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

HCR 1004: A CONCURRENT RESOLUTION, Urging Congress to schedule hearings to increase net farm income and improve living conditions in rural America.

    Was read the second time

     The question being "Shall HCR 1004 as found on page 129 and amended on page 338 of the House Journal be concurred in?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

HCR 1005: A CONCURRENT RESOLUTION, Urging the Clinton Administration and Congress to forbid packers from feeding and owning livestock.

    Was read the second time.

     The question being "Shall HCR 1005 as found on page 128 and amended on page 339 of the House Journal be concurred in?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; 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; Valandra; Vitter; Whiting

Excused were:
Brown (Arnold)

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

HCR 1007: A CONCURRENT RESOLUTION, Supporting country-of-origin labeling of meat products.

    Was read the second time.

     The question being "Shall HCR 1007 as found on page 193 and amended on page 339 of the House Journal be concurred in?"

     And the roll being called:

Excused were:
Brown (Arnold)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1191: FOR AN ACT ENTITLED, An Act to revise the number of temporary on-sale licenses that may be issued by municipalities.

Was read the second time.

     The question being "Shall HB 1191 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Brosz; Kloucek

Excused were:
Brown (Arnold)

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 1284: FOR AN ACT ENTITLED, An Act to include vehicular battery as an offense for which the statutory presumptions arising from a chemical analysis of bodily fluids apply.

Was read the second time.

     The question being "Shall HB 1284 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Bogue; Brosz; Daugaard; Dennert; Dunn (Rebecca); Duxbury; Halverson; Ham; Lange; Munson (David); Paisley; Reedy; Rounds; Shoener; Vitter; Whiting

Nays were:
Benson; Drake; Dunn (Jim); Everist; Flowers; Frederick; Hainje; Hutmacher; Kleven; Kloucek; Lawler; Madden; Moore; Olson; Staggers; Valandra

Excused were:
Brown (Arnold); Symens

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

Sen. Whiting announced his intention to reconsider the vote by which HB 1284 was lost.

HB 1285: FOR AN ACT ENTITLED, An Act to clarify that a person arrested for the offenses of vehicular battery or vehicular homicide may be required to submit to a withdrawal of bodily substances for chemical analysis.

Was read the second time.

     The question being "Shall HB 1285 pass?"

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Brosz; Daugaard; Dunn (Rebecca); Halverson; Ham; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Benson; Bogue; Dennert; Drake; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Olson; Symens; Valandra

Excused were:
Brown (Arnold)

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

HB 1002: FOR AN ACT ENTITLED, An Act to require an independent actuarial review of equity issues regarding the South Dakota Retirement System and to declare an emergency.

Was read the second time.

Sen. Rounds moved that HB 1002 be deferred until Thursday, February 17, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1111: FOR AN ACT ENTITLED, An Act to prohibit an adult from purchasing alcoholic beverages for anyone under the age of twenty-one and to establish a penalty.

Was read the second time.

     The question being "Shall HB 1111 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; 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; Symens; Valandra; Vitter; Whiting

Nays were:
Staggers

Excused were:
Brown (Arnold)

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 1149: FOR AN ACT ENTITLED, An Act to define the term, residential rental agent.

Was read the second time.

The question being "Shall HB 1149 pass?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Lawler; Staggers

Excused were:
Brown (Arnold)

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 provide for the provisional licensure of psychologists during the one-year supervised postdoctoral psychological experience.

Was read the second time.

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

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Daugaard; Dennert; Drake; Duxbury; Everist; Hainje; Kleven; Lange; Madden; Munson (David); Olson; Paisley; Rounds; Shoener; Valandra; Whiting

Nays were:
Bogue; Dunn (Rebecca); Flowers; Frederick; Halverson; Ham; Hutmacher; Kloucek; Lawler; Moore; Reedy; Staggers; Symens; Vitter

Excused were:
Brown (Arnold); 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 1205: FOR AN ACT ENTITLED, An Act to revise certain requirements for moving mobile homes or manufactured homes.

Was read the second time.

     The question being "Shall HB 1205 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; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Vitter; Whiting

Nays were:
Duxbury; Lawler; Staggers

Excused were:
Brown (Arnold); 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 1210: FOR AN ACT ENTITLED, An Act to modify contract renewal provisions for school district food service purchases and to declare an emergency.

Was read the second time.

     The question being "Shall HB 1210 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Brosz; Dennert; Drake; Dunn (Rebecca); Duxbury; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley; Reedy; Staggers; Symens; Valandra; Vitter

Nays were:
Bogue; Daugaard; Dunn (Jim); Everist; Munson (David); Rounds; Shoener; Whiting

Excused were:
Brown (Arnold)

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 1260: FOR AN ACT ENTITLED, An Act to increase the authorized number of nonresident waterfowl hunting licenses.

Was read the second time.

Sen. Dennert moved that HB 1260 be further amended as follows:

On page 4 , line 1 of the House engrossed bill , overstrike " two " and insert " three " .

On page 4 , line 2 , delete " two " and insert " one " .

On page 4 , line 5 , after " permitted. " insert " Of the three thousand fall three-day temporary nonresident waterfowl licenses, one thousand shall be made available for hunting only in a geographic area that is separate from and not contiguous with any area in which any of the other two thousand fall three-day temporary nonresident waterfowl licenses are authorized for use. "

Which motion lost.

     The question being "Shall HB 1260 pass as amended?"

     And the roll being called:

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

     Yeas were:
Albers; Benson; Bogue; Brosz; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven; Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Whiting

Nays were:
Drake; Hainje; Kloucek; Lange; Lawler; Moore; Olson

Excused were:
Brown (Arnold); Vitter

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.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1099, 1163 and 1282 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HCR 1011 and returns the same with the recommendation that said resolution be concurred in and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1053 and 1176 which were deferred to the 36th legislative day.

Respectfully submitted,
Kenneth D. Albers, Vice Chair

Sen. Benson moved that the Committee on Health and Human Services be instructed to deliver HB 1053 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1023, 1026, 1028, 1095, and 1193.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Konold, Fiegen, and Wilson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 71.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1122 and has appointed Reps. McNenny, Hennies, and Lucas as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1300: FOR AN ACT ENTITLED, An Act to create an office of agricultural policy.

Was read the second time.

     The question being "Shall HB 1300 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; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Whiting

Nays were:
Kloucek; Lawler; Staggers

Excused were:
Brown (Arnold); Vitter

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

SIGNING OF BILLS

The President publicly read the title to

SB 20: FOR AN ACT ENTITLED, An Act to provide for the crime of identity theft.

     SB 42: FOR AN ACT ENTITLED, An Act to require varicella immunization for school entry.

     SB 44: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to promulgate administrative rules regarding access to state highways.

     SB 52: FOR AN ACT ENTITLED, An Act to revise the composition of local industrial development corporations.

     SB 55: FOR AN ACT ENTITLED, An Act to revise certain administrative rules with regard to minimum medication administration training for adjustment training center employees.

     SB 79: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to notice or nonrenewal of automobile policies.

     SB 83: FOR AN ACT ENTITLED, An Act to provide immunity from civil liability for the placement and use of automated external defibrillators.

     SB 86: FOR AN ACT ENTITLED, An Act to exempt certain traffic violations from the requirement that a restricted minor's permit be suspended.

     SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period to collect signatures for initiative petitions and initiated constitutional amendment petitions.

     SB 98: FOR AN ACT ENTITLED, An Act to revise the method of taxing a leased motor vehicle.

     SB 99: FOR AN ACT ENTITLED, An Act to revise the definition of rental vehicle for the purposes of implementing the excise tax on motor vehicles.

     SB 151: FOR AN ACT ENTITLED, An Act to clarify what property a municipality may donate to a nonprofit corporation and how that property may be used by the nonprofit corporation.

     SB 163: FOR AN ACT ENTITLED, An Act to establish guidelines for the management and use of investments held by certain eleemosynary institutions and funds.

     SB 167: FOR AN ACT ENTITLED, An Act to clarify who is responsible to file the return and remit the sales tax due from auctions.

     SB 187: FOR AN ACT ENTITLED, An Act to provide for the revocation or refusal of a gaming or racing license.

     SB 190: FOR AN ACT ENTITLED, An Act to allow the electronic storage of public records.

     SB 193: FOR AN ACT ENTITLED, An Act to establish certain requirements and procedures regarding electronic transactions.

     SB 200: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for the elderly and disabled persons.

     SB 201: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     And signed the same in the presence of the Senate.

Sen. Kleven moved that the Senate do now adjourn, which motion prevailed, and at 4:20 p.m. the Senate adjourned.

Patricia Adam, Secretary