JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION




TWENTY-NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 20, 2001

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

     The prayer was offered by the Chaplain, the Reverend Scott Wendland, followed by the Pledge of Allegiance led by Senate page Nisa Schwiesow.

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

    On page 558, line 17, delete "3" and insert "4".

    On page 558, line 25, after "Hagen;" insert "Kleven;".

     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,
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 -- Erin Brown, Kayla Flynn, Laura Geraets, Steven Hofer, Sandra Livermont, Tyler Lohmiller, Kristen Osterberg, Sarah Rost, and Nisa Schwiesow.

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

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of William F. Earley of Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority.

     The question being "Does the Senate advise and consent to the executive appointment of William F. Earley pursuant to the executive message as found on page 366 of the Senate Journal?"

     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; Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Sutton (Dan)

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of James C. Roby of Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive appointment of James C. Roby pursuant to the executive message as found on page 430 of the Senate Journal?"

     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; Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Sutton (Dan)

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Jack Broome of Gregory County, Burke, South Dakota, to the South Dakota Board of Education.

     The question being "Does the Senate advise and consent to the executive appointment of Jack Broome pursuant to the executive message as found on page 366 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Symens; Vitter; Volesky

     Excused:
Hagen; Sutton (Dan); Whiting

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of James Abbott of Clay County, Vermillion, South Dakota, to the South Dakota Board of Education.

     The question being "Does the Senate advise and consent to the executive appointment of James Abbott pursuant to the executive message as found on page 408 of the Senate Journal?"

     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 question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

COMMUNICATIONS AND PETITIONS

February 15, 2001

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 Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed James O. Hansen, Hughes County, Pierre, South Dakota, to the State Board of Regents.

    This appointment is effective March 31, 2001, and shall continue until March 31, 2007.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT

     The Committee on Legislative Procedure respectfully reports that SB 2 was delivered to his Excellency, the Governor, for his approval at 10:00 a.m., February 20, 2001.

Respectfully submitted,
Arnold M. Brown, Chair
Also MADAM PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1004, 1158, 1196, and 1266 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Don Brosz, Chair

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1185 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1035, 1040, 1041, 1042, and 1222 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1169 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1201 and returns the same with the recommendation that said bill be amended as follows:

1201tb

     On page 2, line 3 of the House Agriculture and Natural Resources Committee engrossed bill, overstrike " inclosed " and insert " enclosed ".

     And that as so amended said bill do pass.


Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1009 and returns the same with the recommendation that said resolution be concurred in.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1008 and returns the same with the recommendation that said resolution be amended as follows:

c1008tb

     On page 427, line 10 of the House Journal, delete " ; " and insert "and".

     On page 427 , line 11, delete everything after " States " and insert ". Any product bearing a "USDA INSPECTED" label must also state the country of origin as a part of that label."

     On page 427 , delete lines 12 and 13 .

     And returns the same with the recommendation that said amended resolution be concurred in.

Also MADAM PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1191 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Diedrich, Chair

MESSAGES FROM THE HOUSE



MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1017, 1142, 1163, 1187, 1189, 1195, 1203, 1208, 1229, 1230, 1231, 1232, 1239, 1253, 1255, 1258, 1271, 1278, 1279, and 1295 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk



MOTIONS AND RESOLUTIONS


     SCR 2:   A CONCURRENT RESOLUTION,   Urging the federal government to authorize and fund long-term health care on Indian reservations.

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

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     Sen. Ed Olson moved that SCR 2 be further amended as follows:

     On page 1, line 9 of the Senate Health and Human Services Committee engrossed resolution, after " expectancy " insert ", combined with rising birth rates, ensures continuing population increases at all age levels,".

     On page 1 , line 9, after " elderly " insert ",".

    Which motion prevailed.

     Sen. Albers moved that SCR 2 as found on page 16 of the Senate Journal and previously amended on page 159 of the Senate Journal be adopted as amended.

     The question being on Sen. Albers' motion that SCR 2 be adopted 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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted as amended.


CONSIDERATION OF REPORTS OF COMMITTEES


     Sen. Everist moved that the report of the Standing Committee on

     State Affairs on SCR 6 as found on page 543 of the Senate Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Madden requested that SCR 9 be removed from the Consent Calendar.

     Sen. Koskan requested that HB 1043 be removed from the Consent Calendar.

     SCR 7:   A CONCURRENT RESOLUTION,   Supporting the designation of U.S. Highway 81 as the Pan-American Highway.

    Was read the second time.

     The question being "Shall SCR 7 as found on page 280 of the Senate Journal 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 resolution having received an affirmative vote of a majority of the members-elect, the President declared SCR 7 adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1017:   FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse certain family physicians and certain physician assistants who have complied with the

requirements of the South Dakota physician tuition reimbursement program or the South Dakota midlevel tuition reimbursement program.

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

     HB 1142:   FOR AN ACT ENTITLED, An Act to   appropriate money for leveraging educational assistance partnership grants.

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

     HB 1163:   FOR AN ACT ENTITLED, An Act to   exempt certain membership fees from sales and use tax.

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

     HB 1187:   FOR AN ACT ENTITLED, An Act to   revise the time period for adjusting property tax levies for the purpose of maintaining the state's percentage of aid to general and special education.

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

     HB 1189:   FOR AN ACT ENTITLED, An Act to   revise the method for determining average daily membership as it applies to the state aid to education formula.

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

     HB 1195:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the practice of veterinary medicine.

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

     HB 1203:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

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

     HB 1208:   FOR AN ACT ENTITLED, An Act to   extend the date for filing claims with the subsequent injury fund.

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



     HB 1229:   FOR AN ACT ENTITLED, An Act to   make an appropriation to provide grants to out-of-school time programs in the state and to declare an emergency.

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

     HB 1230:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the acceleration of the reading enhancement program and to declare an emergency.

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

     HB 1231:   FOR AN ACT ENTITLED, An Act to   appropriate funds from the water and environment fund and the environment and natural resources fee fund, to authorize the state cost share for the Lewis and Clark Rural Water System, and to declare an emergency.

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

     HB 1232:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the implementation and development of the electronic-government project and to declare an emergency.

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

     HB 1239:   FOR AN ACT ENTITLED, An Act to   authorize certain persons to carry handguns who are authorized to carry handguns in other states.

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

     HB 1253:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding dealer franchises and to include outdoor power equipment.

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

     HB 1255:   FOR AN ACT ENTITLED, An Act to   appropriate money for the restoration of the Hamill Dam.

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

     HB 1258:   FOR AN ACT ENTITLED, An Act to   revise the distribution of state aid to education.

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



     HB 1271:   FOR AN ACT ENTITLED, An Act to   provide grants to certain court-appointed special advocate programs and to make an appropriation therefor.

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

     HB 1278:   FOR AN ACT ENTITLED, An Act to   revise the definition of barratry.

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

     HB 1279:   FOR AN ACT ENTITLED, An Act to   provide that the people's interest fund be appropriated for tobacco prevention and education programs.

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

     HB 1295:   FOR AN ACT ENTITLED, An Act to   allow certain interstate shipments of wine.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1094:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to credit card coverages of group personal property.

     Was read the second time.

1094jb

     Sen. Elmer Diedtrich moved that HB 1094 be further amended as follows:

     On page 3, line 18 of the House Commerce Committee engrossed bill, delete " by a credit card issuer " and insert "provided to the debtor through the use of a credit card purchase of goods or services".

     Which motion prevailed.

     The question being "Shall HB 1094 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0


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

     Nays:
de Hueck; Staggers

     Excused:
Apa; Hagen; Hutmacher

     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 1123:   FOR AN ACT ENTITLED, An Act to   repeal the requirement that school districts consist of adjoining territory.

     Was read the second time.

     Sen. Ed Olson moved that HB 1123 be placed to follow HB 1297 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1154:   FOR AN ACT ENTITLED, An Act to   clarify the application of certain driving privilege penalties with regard to juvenile adjudications.

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

     Sen. Whiting moved that HB 1154 be deferred to Friday, February 23, the 32nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1032:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to child support.

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

     Sen. Everist moved that HB 1032 be deferred to Friday, February 23, the 32nd legislative day.


     Which motion prevailed and the bill was so deferred.

     HB 1114:   FOR AN ACT ENTITLED, An Act to   revise certain voting and participation requirements related to bond issues involving two or more political subdivisions.

     Was read the second time.

     The question being "Shall HB 1114 pass?"

     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent 0

     Yeas:
Albers; de Hueck; Ham; Hutmacher; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Vitter

     Nays:
Apa; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Kleven; Koetzle; Koskan; Madden; Putnam; Staggers; Symens; Volesky; Whiting

     Excused:
Hagen

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

     HB 1126:   FOR AN ACT ENTITLED, An Act to   limit the application of implied consent in circumstances involving an arrest for vehicular homicide or vehicular battery.

     Was read the second time.

     The question being "Shall HB 1126 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent 0

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

     Nays:
de Hueck; Hutmacher; Moore; Putnam; Staggers; Symens



     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 1145:   FOR AN ACT ENTITLED, An Act to   revise the circumstances under which certain arrests may be effected without a warrant.

     Was read the second time.

     The question being "Shall HB 1145 pass?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Albers; Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Apa; Bogue; Brosz; Brown (Arnold); Drake; Everist; Greenfield; Hainje; Koskan; Putnam; 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 1166:   FOR AN ACT ENTITLED, An Act to   prohibit local regulation of certain motor vehicle exhaust brake systems.

     Was read the second time.

     The question being "Shall HB 1166 pass?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent 0


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

     Nays:
Albers; Bogue; Drake; Everist; Greenfield; Hainje; Olson (Ed)

     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 1177:   FOR AN ACT ENTITLED, An Act to   revise when certain assessments have to be paid before an assessment may be appealed.

     Was read the second time.

     The question being "Shall HB 1177 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

     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.

HONORED GUESTS


     The President introduced David Jewett, Spearfish, recently named Outstanding Administrator of Special Education by the South Dakota Council of Administrators.



SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

     HB 1198:   FOR AN ACT ENTITLED, An Act to   provide for a possessory lien on the contents of certain towed vehicles.

     Was read the second time.

     The question being "Shall HB 1198 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Madden; McCracken; Munson; Olson (Ed); Putnam; Sutton (Dan); Vitter; Whiting

     Nays:
Apa; Dennert; Duxbury; Hutmacher; Koetzle; Koskan; McIntyre; Moore; Reedy; Staggers; Symens; Volesky

     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 1223:   FOR AN ACT ENTITLED, An Act to   clarify how the motor vehicle excise tax is calculated on certain leased vehicles.

     Was read the second time.

     The question being "Shall HB 1223 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; Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting


     Nays:
Staggers

     Excused:
Hagen; Olson (Ed)

     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 1265:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the payment of restitution by a defendant.

     Was read the second time.

     The question being "Shall HB 1265 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; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Olson (Ed)

     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 1019:   FOR AN ACT ENTITLED, An Act to   revise certain requirements and fees regarding various agricultural related licenses, certificates, registrations, and inspections and to provide for the disposition of certain fees.

     Was read the second time.

     The question being "Shall HB 1019 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; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Moore

     Excused:
Hagen

     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 1020:   FOR AN ACT ENTITLED, An Act to   revise certain dairy inspection fees.

     Was read the second time.

     The question being "Shall HB 1020 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent 0

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

     Nays:
Albers; Dennert; Hutmacher; McIntyre; Moore; Reedy; Staggers; Volesky

     Excused:
Hagen

     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 1070:   FOR AN ACT ENTITLED, An Act to   allow vendors to sell soft drinks or other concessions on school property.

     Was read the second time.

     The question being "Shall HB 1070 pass?"


     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Bogue; Diedrich (Larry); Drake; Hutmacher; Koetzle; McIntyre; Moore; Symens

     Excused:
Duxbury; 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 1116:   FOR AN ACT ENTITLED, An Act to   require that certain vehicles and equipment used for construction be registered.

     Was read the second time.

     The question being "Shall HB 1116 pass?"

     And the roll being called:

     Yeas 30, Nays 3, 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; Madden; McCracken; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
Koskan; Moore; Staggers

     Excused:
Hagen; Symens

     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 1134:   FOR AN ACT ENTITLED, An Act to   establish license requirements for well pump installers and well repairers.



     Was read the second time.

     The question being "Shall HB 1134 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 10, Excused 2, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Duxbury; Everist; Hainje; Ham; Hutmacher; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Apa; Bogue; Diedrich (Larry); Diedtrich (Elmer); Drake; Greenfield; Koskan; Madden; Staggers; Vitter

     Excused:
Hagen; Kleven

     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   provide for the licensing of certain real estate corporations and limited liability companies.

     Was read the second time.

     The question being "Shall HB 1205 pass as amended?"

     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; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Staggers

     Excused:
Hagen; Kleven


     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 1276:   FOR AN ACT ENTITLED, An Act to   require historical or educational municipal corporations to maintain their property.

     Was read the second time.

     The question being "Shall HB 1276 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, 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; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
Koskan; Staggers

     Excused:
Hagen; Koetzle

     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 1072:   FOR AN ACT ENTITLED, An Act to   define the theft of certain livestock as grand theft.

     Was read the second time.

     The question being "Shall HB 1072 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 17, Excused 1, Absent 0

     Yeas:
Albers; Bogue; Brown (Arnold); de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Duxbury; Ham; Kleven; Koskan; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter


     Nays:
Apa; Brosz; Daugaard; Drake; Everist; Greenfield; Hainje; Hutmacher; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Staggers; Volesky; Whiting

     Excused:
Hagen

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

     Sen. Larry Diedrich announced his intention to reconsider the vote by which HB 1072 lost.

     HB 1257:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reimbursement of attorney fees by certain indigent defendants.

     Was read the second time.

     The question being "Shall HB 1257 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent 0

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

     Nays:
Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Staggers; Vitter; Volesky

     Excused:
Bogue; 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 1274:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the operation of child welfare agencies and registered and unregistered family day care homes.

     Was read the second time.

     The question being "Shall HB 1274 pass as amended?"

     And the roll being called:



     Yeas 24, Nays 10, Excused 1, Absent 0

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

     Nays:
Apa; Bogue; de Hueck; Drake; Greenfield; Hutmacher; Koskan; Madden; Putnam; 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 1275:   FOR AN ACT ENTITLED, An Act to   revise the definition of custodian as it relates to child abuse or neglect.

     Was read the second time.

     The question being "Shall HB 1275 pass?"

     And the roll being called:

     Yeas 19, Nays 13, Excused 3, Absent 0

     Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; Dennert; Duxbury; Everist; Hainje; Ham; Koetzle; McCracken; McIntyre; Moore; Munson; Olson (Ed); Sutton (Dan); Symens; Volesky; Whiting

     Nays:
Apa; Bogue; de Hueck; Diedtrich (Elmer); Drake; Greenfield; Hutmacher; Kleven; Madden; Putnam; Reedy; Staggers; Vitter

     Excused:
Diedrich (Larry); Hagen; Koskan

     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.

     Sen. Everist moved that HB 1123 and 1297 be deferred to Wednesday, February 21, the 30th legislative day.

     Which motion prevailed and the bills were so deferred.



SIGNING OF BILLS


     The President publicly read the title to

     HB 1083: FOR AN ACT ENTITLED, An Act to  authorize employers to pay wages by direct deposit.

     HB 1092: FOR AN ACT ENTITLED, An Act to  include in certain drug offenses the altered state of a controlled drug or substance or marijuana once absorbed into the body.

     HB 1119: FOR AN ACT ENTITLED, An Act to  authorize certain vehicles in the possession of a dealer's car auction agency to be moved with a permit.

     HB 1127: FOR AN ACT ENTITLED, An Act to  modify the procedure for the remittance of the 911 surcharge.

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

     HB 1174: FOR AN ACT ENTITLED, An Act to  revise the provisions for municipal checks and warrants to conform with state standards.

     HB 1188: FOR AN ACT ENTITLED, An Act to  revise certain dates relating to the validation of prior bonds of political subdivisions.

     HB 1225: FOR AN ACT ENTITLED, An Act to  clarify the courts in which garnishment proceedings may be pursued.

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

     HB 1254: FOR AN ACT ENTITLED, An Act to  revise how the motor vehicle excise tax is applied to certain vehicles.

     And signed the same in the presence of the Senate.

     Sen. Hainje moved that the Senate do now adjourn, which motion prevailed and at 5:12 p.m. the Senate adjourned.

Patricia Adam, Secretary