Senate Journal 02/05/2001 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SIXTH SESSION

NINETEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 5, 2001

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

The prayer was offered by the Chaplain, Darlene Red Elk Myers, followed by the Pledge of Allegiance led by Senate page Samantha Ackerman.

Roll Call: All members present except Sen. Hagen who was 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,

Arnold M. Brown, Chair

Which motion prevailed and the report was adopted.

The oath of office was administered by the President to the following named persons:

Pages -- Samantha Ackerman, Amanda Anderson, Jack Anderson, Lesa Jarding, Jennifer Keffeler, Lacey Kruse, Mary Kurtz, Melanie Markus, Aleshia Moe, Callie Taton, and Tony Venhuizen

Assistant Sergeant-at Arms -- Don Rounds

Which were subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 5, 2001

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 23, 31, 32, 33, 41, and 45, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT

The Committee on Legislative Procedure respectfully reports that SB 18 was delivered to his Excellency, the Governor, for his approval at 2:20 p.m., February 2, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 229 and HB 1099 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 SB 128 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 State Affairs respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 4 to 15 , inclusive, and insert:

"Section 1. That chapter 32-37 be amended by adding thereto a NEW SECTION to read as follows:

Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least five and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.

Section 2. That chapter 32-37 be amended by adding thereto a NEW SECTION to read as follows:

Any operator of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.

Section 3. That chapter 32-37 be amended by adding thereto a NEW SECTION to read as follows:

Any passenger of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense."

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 SCR 8 and returns the same with the recommendation that said resolution be adopted and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 112 and 163 and tabled the same.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SCR 5 which was tabled.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 123 and 167 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 SB 149 and 188 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 SB 154 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 6 of the printed bill, after " law " insert ";

(9) Preparing documents authorized by subdivision 36-21A-71(24) or completing forms or providing assistance to another to complete forms associated with real estate transactions approved by the South Dakota Real Estate Commission pursuant to

chapter 36-21A, including agency agreements, management agreements, and purchase agreements, if done by a licensee in good standing under chapter 36-21A".

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 155 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 13 to 24 , inclusive.

Delete pages 3 to 8 .

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 250 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, after " patient " insert ", juvenile,".

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 142 and 189 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Fred C. Whiting, Chair

Also MADAM PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1087 and 1156 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 1128 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

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 and 1064.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1002, 1132, 1146, 1149, 1170 and 1236 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 4: A CONCURRENT RESOLUTION, Approving and supporting the joint powers agreement entered into by the Cheyenne River Sioux Tribe and the South Dakota Secretary of State.

Was read the second time.

Sen. Everist moved that SCR 4 as found on page 189 of the Senate Journal be adopted.

The question being on Sen. Everist's motion that SCR 4 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Staggers requested that HB 1080 be removed from the Consent Calendar.

SB 186: FOR AN ACT ENTITLED, An Act to provide for the preservation of certain public broadcasting records of the legislative session.

Was read the second time.

The question being "Shall SB 186 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

Excused:
Hagen; Whiting

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 124: FOR AN ACT ENTITLED, An Act to allow for the deposit of certain funds and for the repayment of certain contracts relating to energy savings.

Was read the second time.

The question being "Shall SB 124 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Daugaard; Hagen

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 140: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the payment of taxes to municipalities from the revenues of electric cooperatives providing service within a municipality.

Was read the second time.

The question being "Shall SB 140 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

SB 169: FOR AN ACT ENTITLED, An Act to increase the expenditure limit for certain public improvements requiring competitive bids.

Was read the second time.

The question being "Shall SB 169 pass?"

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Bogue; Drake; Koskan; Madden; Moore; Putnam

Excused:
de Hueck; Hagen

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 11: FOR AN ACT ENTITLED, An Act to permit the fencing of certain lakes, ponds, and sloughs for the containment of livestock.

Was read the second time.

Sen. Duxbury moved that SB 11 be laid on the table.

The question being on Sen. Duxbury's motion that SB 11 be laid on the table.

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Albers; Koskan; Staggers

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the bill was laid on the table.

SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the delivery of the certificate of title upon the sale of a secondhand vehicle.

Was read the second time.

Sen. Elmer Diedtrich moved that SB 137 be further amended as follows:

On page 1, line 7 of the printed bill, delete " if the " and insert " notwithstanding any other provision of law, if the purchaser defaults on the terms of the sale within the thirty-day period, the seller does ".

On page 1 , delete line 8 .

On page 1 , line 9, delete " until payment for the vehicle has been " .

On page 1 , line 10, delete " completed or an arrangement for payment has been made. " and insert " . The seller shall notify the department in writing of the seller's refusal to deliver title to the purchaser within fourteen days of the purchaser's default on the terms of the sale. "

Which motion prevailed.

The question being "Shall SB 137 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen; Putnam

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 145: FOR AN ACT ENTITLED, An Act to revise residency for the purposes of special education and to revise the distribution of state aid to special education.

Was read the second time.

The question being "Shall SB 145 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

SB 150: FOR AN ACT ENTITLED, An Act to revise certain conditions regarding the authorization of bingo or lotteries for restricted purposes and to increase the size of prize certain lotteries may award.

Was read the second time.

The question being "Shall SB 150 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

SB 161: FOR AN ACT ENTITLED, An Act to regulate petroleum products containing methyl tertiary butyl ether.

Was read the second time.

The question being "Shall SB 161 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

SB 162: FOR AN ACT ENTITLED, An Act to permit farm wineries to hold an off-sale package wine license.

Was read the second time.

The question being "Shall SB 162 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Koskan; Moore

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 201: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption of charitable gift annuities from insurance regulation.

Was read the second time.

The question being "Shall SB 201 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Moore; Staggers

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 217: FOR AN ACT ENTITLED, An Act to revise the provisions for residential bid preference.

Was read the second time.

Sen. Daugaard moved that SB 217 be further amended as follows:

On page 2, line 11 of the Senate Commerce Committee engrossed bill, delete " lessor " and insert "lesser".

Which motion prevailed.

The question being "Shall SB 217 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Koetzle; Staggers

Excused:
Hagen

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

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1056 and has appointed Reps. McCaulley, Jarvis Brown, and Flowers 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

The President appointed as such committee Sens. Whiting, Bogue, and Symens.

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

MOTIONS AND RESOLUTIONS

Sen. Everist moved that SB 137, as amended, be recalled to the floor of the Senate.

Which motion prevailed.

Sen. Everist moved that SB 137 be placed on the calendar of Tuesday, February 6, the 20^th legislative day.

Which motion prevailed and SB 137 was so placed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the waiver of a patient's privilege on communications with a physician or psychotherapist.

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

HB 1132: FOR AN ACT ENTITLED, An Act to require that certain county assessment records be made available to local equalization boards.

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

HB 1146: FOR AN ACT ENTITLED, An Act to create the position of state wildland fire coordinator and to transfer forest fire suppression activities from the state forester to the state wildland fire coordinator.

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

HB 1149: FOR AN ACT ENTITLED, An Act to provide that school districts or school bus contracting companies be notified when the commercial driver license of a school bus driver is suspended or revoked.

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

HB 1170: FOR AN ACT ENTITLED, An Act to prohibit the tampering with anhydrous ammonia and to provide a penalty for a violation thereof.

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

HB 1236: FOR AN ACT ENTITLED, An Act to authorize auction agencies to accept for sale vehicles owned by vehicle manufacturers under certain conditions.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1059: FOR AN ACT ENTITLED, An Act to continue a surcharge on certain hunting licenses and to continuously appropriate the money for certain purposes.

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

The question being on Sen. Dennert's pending motion to further amend HB 1059 as found on page 331 of the Senate Journal.

Which motion lost.

The question being "Shall HB 1059 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding leased or rented boats, to revise certain provisions regarding boat license tags, and to revise certain provisions regarding the exemptions from the excise tax on boats.

Was read the second time.

The question being "Shall HB 1047 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Staggers

Excused:
Hagen

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 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to school consolidation.

Was read the second time.

The question being "Shall HB 1069 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

HB 1095: FOR AN ACT ENTITLED, An Act to revise the sizes of plats that may be filed with the register of deeds.

Was read the second time.

Sen. Ed Olson moved that HB 1095 be amended as follows:

On page 1, line 7 of the printed bill, after " linen, " insert " matte film, ".

Which motion prevailed.

The question being "Shall HB 1095 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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

HB 1001: FOR AN ACT ENTITLED, An Act to revise certain sales and use tax provisions.

Was read the second time.

The question being "Shall HB 1001 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen; Putnam

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 SB 244 and HB 1088 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 SB 245 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, after " fund " insert " , except for dollars appropriated by the Legislature for the neuromuscular program and the diabetes screening program ".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 231 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Kenneth D. Albers, Chair

SIGNING OF BILLS

The President publicly read the title to

HB 1027: FOR AN ACT ENTITLED, An Act to repeal the composition requirements of the Board of Vocational Rehabilitation.

HB 1029: FOR AN ACT ENTITLED, An Act to allow for a change in the composition of the Board of Service to the Blind and Visually Impaired and to repeal certain functions of the board.

HB 1053: FOR AN ACT ENTITLED, An Act to revise the requirements for dispositional decrees entered by the courts for abused and neglected children.

HB 1078: FOR AN ACT ENTITLED, An Act to permit the court to impose certain costs and fees as part of the disposition for a delinquent child.

And signed the same in the presence of the Senate.

Sen. Greenfield moved that the Senate do now adjourn, which motion prevailed and at 3:45 p.m. the Senate adjourned.

Patricia Adam, Secretary