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Senate Journal 3/8/2013 10:00 AM

JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION




THIRTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 8, 2013

    The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Reverend Paul Bly, followed by the Pledge of Allegiance led by Senate page Joshua Utterback.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-sixth 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,
Corey Brown, Chair

    Which motion prevailed.
    Sen. Olson moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 10:21 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 1:00 p.m., the President presiding.

COMMUNICATIONS AND PETITIONS

March 8, 2013

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 8, 2013, I approved Senate Bills 6, 74, 96, 119, 130, 133, 139, 145, 156, 168, 174, 181, 199, 205, 227, and 239, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORT OF CONFERENCE COMMITTEE

cc90A

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 90 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 90 be amended as follows:

90mm


    On page 1 of the House engrossed bill, delete lines 4 to 15, inclusive.

    On page 2, delete lines 1 to 19, inclusive.

    On page 5, between lines 13 and 14, insert:

    "Section 10. That section 14 of chapter 30 of the 2012 Session Laws be amended to read as follows:


BOARD OF REGENTS
    (3) Employee Compensation and Health Insurance
        Personal Services, General Funds, delete "$0" and insert "$2,000,000"

    Adjust all totals accordingly.

    Section 11. That section 14 of chapter 30 of the 2012 Session Laws be amended by adding a NEW SECTION to read as follows:

BOARD OF REGENTS
    (8A) Nonrecurring Agricultural Experiment Station Research Pool
        Personal Services                     $0    $0        $0             $0
        Operating Expenses            $500,000    $0        $0        $500,000

        TOTAL                        $500,000    $0        $0        $500,000
        F.T.E.                                                         0.0

Adjust all totals accordingly.

    Section 12. That chapter 30 of the 2012 Session Laws be amended by adding a NEW SECTION to read as follows:

    The state treasurer shall transfer to the boxing commission fund, ninety-five thousand dollars ($95,000) from the state general fund.

    Section 13. That section 6 of chapter 41 of the 2012 Session Laws be amended to read as follows:

    Section 6. The funds in section 7 of this Act which are unspent at the end of fiscal year 2012 may be carried over to the next fiscal year provisions of § 4-8-19 do not apply to the funds in section 7 of this Act."


    On page 5, line 17, delete "three million six hundred thousand dollars ($3,600,000)" and insert "two million dollars ($2,000,000)".

    On page 5, line 18, delete "by section 3 of" and insert "in"

    On page 5, between lines 19 and 20, insert:

    "Section 12. The sum of nine hundred eighty-three thousand six hundred forty-nine dollars ($983,649) in the general fund on June 30, 2013, shall be obligated and committed for the purposes of future appropriations in FY2014. The provisions of §§ 4-7-32 and 4-7-39 do not apply to these funds.

    Section 13. Notwithstanding section 145 of HB 1060 as previously enacted by the Eighty-Eighth Legislature, up to twenty million dollars ($20,000,000) in general funds appropriated in subsection (3) of section 8 of chapter 30 of the 2012 Session Laws which are unspent at the end of fiscal year 2013 may be carried over to fiscal year 2014 for medical and adult services. Any

additional unspent general funds shall revert in accordance with chapter 4-8. Federal and other funds appropriated in subsection (3) of section 8 of chapter 30 of the 2012 Session Laws which are unspent at the end of fiscal year 2013 may be carried over to fiscal year 2014 for medical and adult services."


90mte

    On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "revise the General Appropriations Acts for fiscal years 2012 and 2013.".

    On page 1, delete line 2.

Respectfully submitted,                Respectfully submitted,
Dean Wink                        Deb Peters
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Eighty-eighth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 90.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 159 and no new committee was appointed.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 155 and no new committee was appointed.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 76, 195, and 235.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 5 Introduced by: Senators Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman, Phyllis; Holien; Hunhoff, Jean; Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup, Al; Olson, Russell; Omdahl; Otten, Ernie; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-eighth Legislature of the State of South Dakota to Josiah Aberson, Frae Binder, Garrett Keegan, Natasha Schamens, Cody Stoltenburg, Joshua Utterback

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-eighth Legislative Session; and

    WHEREAS, the members of the Eighty-eighth Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-eighth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Sen Kirkeby moved that Senate Page Resolution 5 be adopted.

    The question being on Sen. Kirkeby's motion the Senate Page Resolution 5 be adopted.

    And the roll being called:


    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    Sen. Olson moved 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

    Which motion prevailed and the President announced as such committee Sens. Olson, Rave, and Frerichs.

    Sen. Olson moved 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 fix the time of adjournment sine die for the Eighty-eighth Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Olson, Rave, and Frerichs.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Peters moved that the report of the Conference Committee on SB 90 as found on page 738 of the Senate Journal be adopted.

    The question being on Sen. Peters' motion that the report of the Conference Committee on SB 90 be adopted.

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White


    Nays:
Adelstein; Otten (Ernie)

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

    Sen. Krebs moved that the report of the Conference Committee on SB 155 as found on page 733 of the Senate Journal be adopted.

    Sen. Brown moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 155 as found on page 738 of the Senate Journal and do not appoint a new committee.

    The question being on Sen. Brown's substitute motion to not adopt the report of the Conference Committee on SB 155 and to not appoint a new committee.

    And the roll being called:

    Yeas 27, Nays 0, Excused 8, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Tieszen; Vehle; Welke; White

    Excused:
Adelstein; Heineman (Phyllis); Jones; Novstrup (Al); Peters; Sutton; Tidemann; Van Gerpen

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

    Sen. White moved that the report of the Conference Committee on SB 159 as found on page 733 of the Senate Journal be adopted.

    Sen. Brown moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 159 as found on page 733 of the Senate Journal and do not appoint a new committee.

    The question being on Sen. Brown's substitute motion to not adopt the report of the Conference Committee on SB 159 and to not appoint a new committee.

    And the roll being called:


    Yeas 27, Nays 0, Excused 8, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Tieszen; Vehle; Welke; White

    Excused:
Adelstein; Heineman (Phyllis); Jones; Novstrup (Al); Peters; Sutton; Tidemann; Van Gerpen

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

    Sen. Rhoden moved that the report of the Conference Committee on SB 195 as found on page 732 of the Senate Journal be adopted.

    The question being on Sen. Rhoden's motion that the report of the Conference Committee on SB 195 be adopted.

    And the roll being called:

    Yeas 25, Nays 2, Excused 8, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Rampelberg; Rave; Rhoden; Soholt; Tieszen; Vehle; Welke

    Nays:
Omdahl; Otten (Ernie)

    Excused:
Adelstein; Heineman (Phyllis); Novstrup (Al); Peters; Sutton; Tidemann; Van Gerpen; White

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

    Sen. Maher moved that the report of the Conference Committee on HB 1123 as found on page 722 of the Senate Journal be adopted.

    The question being on Sen. Maher's motion that the report of the Conference Committee on HB 1123 be adopted.


    And the roll being called:

    Yeas 18, Nays 8, Excused 9, Absent 0

    Yeas:
Begalka; Bradford; Brown; Ewing; Frerichs; Jensen; Johnston; Kirkeby; Krebs; Lederman; Lucas; Maher; Olson (Russell); Otten (Ernie); Rave; Rhoden; Soholt; Vehle

    Nays:
Buhl; Holien; Hunhoff (Jean); Monroe; Omdahl; Rampelberg; Tieszen; Welke

    Excused:
Adelstein; Heineman (Phyllis); Jones; Novstrup (Al); Peters; Sutton; Tidemann; Van Gerpen; White

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

    Sen. Olson announced his intention to reconsider the vote by which HB 1123 lost.

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

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 76 and 235 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

SIGNING OF BILLS

    The President publicly read the title to

    SB 5: FOR AN ACT ENTITLED, An Act to establish the public purpose and goals of postsecondary education, to provide for the funding of higher education, and to create the Council on Higher Education Policy Goals, Performance, and Accountability.


    SB 15: FOR AN ACT ENTITLED, An Act to provide for expenditures for early learning services from the special education fund, and to revise certain provisions regarding state aid to special education.

    SB 28: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

    SB 39: FOR AN ACT ENTITLED, An Act to establish a penalty for a juvenile convicted as an adult of a Class A or B felony and allow a sentence of up to life imprisonment after a sentencing hearing.

    SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application of the collection allowance credit for collecting the sales tax.

    SB 59: FOR AN ACT ENTITLED, An Act to prohibit the disposal of certain oil and gas field wastes.

    SB 76: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating to funding in the Governor's Office of Economic Development for the purpose of enhancing military value of Ellsworth Air Force Base, and to declare an emergency.

    SB 90: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Acts for fiscal years 2012 and 2013.

    SB 106: FOR AN ACT ENTITLED, An Act to prohibit certain minors from using wireless communication devices while operating motor vehicles upon the public highways.

    SB 143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding informational directional signing on the interstate right-of-way.

    SB 195: FOR AN ACT ENTITLED, An Act to revise the distribution of the wind energy tax.

    SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance.

    SB 206: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liability and to worker's compensation and disability payments for law enforcement officers performing duties in other jurisdictions.

    SB 233: FOR AN ACT ENTITLED, An Act to create the critical teaching needs scholarship program, to make an appropriation to the education enhancement trust fund to provide for the annual funding of the scholarships, and to declare an emergency.

    SB 235: FOR AN ACT ENTITLED, An Act to create the building South Dakota fund and certain other funds and programs to enhance economic development and education, to make certain deposits and transfers, to make continuous appropriations, to revise certain education

funding to support economic development, to make an appropriation therefor, and to declare an emergency.

    SB 236: FOR AN ACT ENTITLED, An Act to appropriate money to the Board of Regents to fund the expansion of information systems programs and cyber security programs at Dakota State University, and to declare an emergency.

    SB 237: FOR AN ACT ENTITLED, An Act to appropriate funds for deposit into the need-based grant fund, to provide for annual funding of the need-based grant fund with a portion of the funds received from the education enhancement trust fund, and to declare an emergency.

    HB 1030: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to finance the construction of improvements in the state park system for the Department of Game, Fish and Parks and to declare an emergency.

    HB 1033: FOR AN ACT ENTITLED, An Act to authorize the Department of Social Services to dismantle, demolish, preserve, or rehabilitate buildings on the Human Services Center campus in Yankton, South Dakota, to make an appropriation therefor, and to declare an emergency.

    HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alternative apportionment methods available for determination of the bank franchise tax.

    HB 1050: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the suppression of mountain pine beetles, to establish a cost share program with the counties in the state, and to declare an emergency.

    HB 1060: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2013.

    HB 1068: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the deferral of action by municipalities on committee reports.

    HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the notice given to municipalities and counties for bingo games and lotteries.

    HB 1096: FOR AN ACT ENTITLED, An Act to provide for the transfer and appropriation of funds upon the occurrence of certain events and to assist rural counties in the recruitment of attorneys.

    HB 1098: FOR AN ACT ENTITLED, An Act to require the Legislature to approve bonds for lease purchase agreements with the four postsecondary technical institutes, and to approve bonds for lease purchase agreements with Western Dakota Technical Institute and Southeast Technical Institute.

    HB 1122: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to health insurance plans for county officers and employees.


    HB 1137: FOR AN ACT ENTITLED, An Act to impact education in South Dakota, to make an appropriation therefor, and to declare an emergency.

    HB 1164: FOR AN ACT ENTITLED, An Act to establish a classroom innovation grant program and to make an appropriation therefor.

    HB 1165: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the agricultural land task force.

    HB 1168: FOR AN ACT ENTITLED, An Act to increase certain levies relating to predator control districts.

    HB 1171: FOR AN ACT ENTITLED, An Act to exempt certain property from bankruptcy levy.

    HB 1184: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks to fund certain improvements to the state park system.

    HB 1212: FOR AN ACT ENTITLED, An Act to increase the expense allowances of legislators.

    HB 1220: FOR AN ACT ENTITLED, An Act to permit the use of golf carts under certain circumstances within state parks or recreation areas.

    HB 1233: FOR AN ACT ENTITLED, An Act to grant limited immunity for the provision of voluntary medical services under certain circumstances.

    HB 1234: FOR AN ACT ENTITLED, An Act to provide a limited exception to the provisions that exempt sport shooting ranges from the public nuisance laws and to declare an emergency.

    And signed the same in the presence of the Senate.

    Sen. Rhoden moved that the Senate do now recess until 5:30 p.m., which motion prevailed and at 2:12 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 5:48 p.m., the President presiding.

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


REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 90 and 195 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

    Sen. Brown moved that the Senate do now recess until 9:00 p.m., which motion prevailed and at 5:51 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 9:06 p.m., the President presiding.

    Sen. Brown moved that the Senate do now recess until 10:30 p.m., which motion prevailed and at 9:07 p.m. , the Senate recessed.

RECESS

    The Senate reconvened at 10:37 p.m., the President presiding.

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1185 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Earlier today, Sen. Olson announced his intention to reconsider the vote by which the motion to adopt the Conference Committee report on HB 1123 lost.



    Sen. Olson moved that the Senate do now reconsider the vote by which the motion to adopt the Conference Committee report on HB 1123 lost.

    The question being on Sen. Olson's motion to reconsider the vote by which the motion to adopt the Conference Committee report on HB 1123 lost.

    And the roll being called:

    Yeas 32, Nays 3, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Bradford; Buhl; Welke

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the motion to adopt the Conference Committee report on HB 1123 was up for reconsideration and final passage..

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

    Sen. Maher moved that the report of the Conference Committee on HB 1123 as found on page 722 of the Senate Journal be adopted.

    The question being on Sen. Maher's motion that the report of the Conference Committee on HB 1123 be adopted.

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Omdahl


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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1185: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1185: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the second time.

1185mam

    Sen. Sutton moved that HB 1185 be amended as follows:

    On page 10, of the House Appropriations engrossed bill, between lines 46 and 47, insert:

"(1A) Nonrecurring Provider Allocation

    Personal Services                 $0                $0        $0                 $0
    Operating Expenses         $2,097,960         $2,482,739        $0         $4,580,699

    TOTAL                     $2,097,960         $2,482,739        $0         $4,580,699
    F.T.E.                                                             0.0

The moneys appropriated by this subsection shall be distributed to long term care providers, community mental health providers, and community support to providers on a nonrecurring basis.

Adjust all totals accordingly.".


    On page 17, between lines 7 and 8, insert:

"(3) Nonrecurring State Aid to Education

    Personal Services                 $0                $0        $0                 $0
    Operating Expenses         $2,097,959                $0        $0         $2,097,959



    TOTAL                     $2,097,959                $0        $0         $2,097,959

The moneys appropriated by this subsection shall be distributed to school districts based on the actual FY 12 fall enrollment.

Adjust all totals accordingly."


    On page 21, line 47, INCREASE Operating Expenses GENERAL FUNDS $21,000

    On page 26, line 10, DECREASE Appropriation GENERAL FUNDS $500,000

    On page 30, delete lines 1 and 2, inclusive.

1185xa

    Sen. Welke moved that Sen. Sutton's amendment to HB 1185 be amended as follows:

    On the pending amendment (1185mam), in the last instruction, delete "lines 1 and 2" and insert "lines 3 and 4".

    Which motion prevailed.

    Sen. Sutton requested a roll call vote.

    Which request was supported.


    The question being on Sen. Sutton's motion that HB 1185 be amended.

    And the roll being called:

    Yeas 8, Nays 27, Excused 0, Absent 0

    Yeas:
Adelstein; Bradford; Buhl; Frerichs; Jones; Lucas; Sutton; Welke

    Nays:
Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; White

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


    The question being "Shall HB 1185 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 4, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Buhl; Frerichs; Jones; Welke

    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

    HB 1123: FOR AN ACT ENTITLED, An Act to increase the surcharge on certain hunting licenses for predator control purposes, approve temporary funding provisions relating to predator control, and to declare an emergency.

    HB 1130: FOR AN ACT ENTITLED, An Act to define certain terms relating to bail bonds.

    HB 1185: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    And signed the same in the presence of the Senate.

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


REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 5, 15, 28, 39, 51, 59, 76, 90, 106, 143, 195, 200, 206, 233, 235, 236, and 237 were delivered to his Excellency, the Governor, for his approval at 10:45 p.m., March 8, 2013.

Respectfully submitted,
Corey Brown, Chair

    Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m., Monday, March 25, the 38th legislative day.

    Which motion prevailed.

    Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at 11:56 p.m. the Senate adjourned.

Jeannette Schipper, Secretary

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