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Senate Journal 3/11/2015 10:00 AM

JOURNAL OF THE SENATE

NINETIETH SESSION




THIRTY-SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 11, 2015

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

    The prayer was offered by the Chaplain, Pastor Jeanine Rew-Werling, followed by the Pledge of Allegiance led by Senate pages Tristan Roy and Bailee Ward.

    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-fifth 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.
COMMUNICATIONS AND PETITIONS

March 10, 2015

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2015, I approved Senate Bills 78 and 90, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 11, 2015

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2015, I approved Senate Bills 5, 8, 9, 10, 29, 38, 56, 57, 75, 76, 80, 87, 88, and 93, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 51, 68, 73, 125, 131, and 178 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 137 and 168 were delivered to his Excellency, the Governor, for his approval at 9:45 a.m., March 11, 2015.

Respectfully submitted,
Corey Brown, Chair


REPORT OF CONFERENCE COMMITTEE

Cc120a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 120 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 120 be amended as follows:

120fd


    On page 2, line 16, of the House engrossed bill, delete everything after "organization" and insert ";".

    On page 2, delete lines 17 and 18.

    On page 2, line 21, delete everything after "organization" and insert "; or".

    On page 2, delete lines 22 and 23.

    On page 2, line 24, delete "distilled spirits".

    On page 3, line 2, delete everything after "organization" .

    On page 3, lines 3 and 4 delete everything before ".".

    On page 3, delete lines 16 to 18, inclusive.

    On page 3, line 23, after "." insert "A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may accept donated alcoholic beverages from members of the public to be sold at the special event.".

    On page 3, line 24, delete "distilled spirits, wine, or malt" and insert "alcoholic".

    On page 4, line 1, delete everything after "." .

    On page 4, delete lines 2 to 6, inclusive.

Respectfully submitted,                    Respectfully submitted,
Lee Schoenbeck                        Larry Tidemann
House Committee Chair                    Senate Committee Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 141 and 142 were tabled.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 135 was lost for failure to be placed on the House calendar.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 51, 68, 73, 125, 131, and 178 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 1, 39, 52, 53, 54, 55, 64, 65, 66, 67, 69, 91, 92, 99, 100, 106, 109, 132, 134, 140, 152, 154, 174, 176, 179, 180, and 181 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Frerichs moved that the Senate do concur in House amendments to SB 2.

    The question being on Sen. Frerichs' motion that the Senate do concur in House amendments to SB 2.

    And the roll being called:

    Yeas 28, Nays 6, Excused 1, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White


    Nays:
Brown; Ewing; Holien; Lederman; Novstrup (David); Van Gerpen

    Excused:
Cammack

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

    Sen. Holien moved that the Senate do not concur in House amendments to SB 95 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Holien, Monroe, and Buhl O'Donnell.

    Sen. Solano moved that the Senate do not concur in House amendments to SB 190 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Sen. Parsley moved as a substitute motion that the Senate do concur in House amendments to SB 190.

    The question being on Sen. Parsley's substitute motion that the Senate do concur in House amendments to SB 190.

    And the roll being called:

    Yeas 13, Nays 21, Excused 1, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Frerichs; Haggar (Jenna); Haverly; Heinert; Hunhoff (Bernie); Parsley; Peters; Peterson (Jim); Sutton; Tidemann; Van Gerpen

    Nays:
Brown; Cammack; Curd; Ewing; Heineman (Phyllis); Holien; Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Rampelberg; Rave; Rusch; Soholt; Solano; Tieszen; Vehle; White

    Excused:
Greenfield (Brock)

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



    Sen. Solano's motion prevailed and the President announced as such committee Sens. Rave, Brown, and Sutton.

SIGNING OF BILLS

    The President publicly read the title to

    SB 51: FOR AN ACT ENTITLED, An Act to repeal the contingency funds available for unanticipated costs related to medical services and to declare an emergency.

    SB 68: FOR AN ACT ENTITLED, An Act to provide for a random sampling of nominating petition signatures for statewide offices.

    SB 73: FOR AN ACT ENTITLED, An Act to improve public safety regarding juvenile justice.

    SB 125: FOR AN ACT ENTITLED, An Act to revise the minimum suspension requirements for students participating in extracurricular activities.

    SB 131: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding stray electrical current and voltage remediation.

    SB 178: FOR AN ACT ENTITLED, An Act to revise certain programs and authorize certain projects in the Unified Judicial System and to make an appropriation therefor.

    HB 1015: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the South Dakota Risk Pool.

    HB 1041: FOR AN ACT ENTITLED, An Act to increase certain driver and commercial driver licensing application fees and to dedicate certain revenue for the purpose of operating the driver license program.

    HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding zero based budgets, budgeting procedures, and the coordination of federally aided programs.

    HB 1059: FOR AN ACT ENTITLED, An Act to allow authorized entities to access immunization information in certain circumstances.

    HB 1179: FOR AN ACT ENTITLED, An Act to revise the definition of a veteran.

    HB 1215: FOR AN ACT ENTITLED, An Act to provide for an optional enhanced permit to carry a concealed pistol.


    HJR 1002: A JOINT RESOLUTION, making a formal application to the President of the United States, that the President grant a presidential pardon to Peter L. Larson.

    And signed the same in the presence of the Senate.

    Sen. Rave moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 11:22 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 1:40 p.m., the President presiding.

    There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 11, 2015

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 11, 2015, I approved Senate Bills 81 and 128, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1231.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Wink, Gosch, and Hawley 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 Ninetieth Legislative Session.



Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Wink, Gosch, and Hawley 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.


Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Rave moved that SB 109, 179, 181, 54, 106, 53, 1, 55, 91, 92, 152, 174, 176, and 140 be placed to precede SB 39 on today's calendar.

    Which motion prevailed.

    Sen. Tidemann moved that the Senate do not concur in House amendments to SB 109 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Tidemann, Van Gerpen, and Parsley.

    Sen. Peters moved that the Senate do not concur in House amendments to SB 179 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Tidemann, Rusch, and Heineman (Phyllis).

    Sen. Tidemann moved that the Senate do not concur in House amendments to SB 181 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Tidemann, Parsley, and Haverly.

    Sen. Peters moved that the Senate do not concur in House amendments to SB 54 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.



    Which motion prevailed and the President announced as such committee Sens. Peters, Parsley, and Holien.

    Sen. Brown moved that the Senate do not concur in House amendments to SB 106 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Otten (Ernie), Soholt, and Parsley.

    Sen. Peters moved that the Senate do not concur in House amendments to SB 53 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Peters, Holien, and Heinert.

    Sen. Vehle moved that the Senate do not concur in House amendments to SB 1 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Vehle, Cammack, and Buhl O'Donnell.

    Sen. Peters moved that the Senate do not concur in House amendments to SB 55 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Rave, Peters, and Sutton.

    Sen. Rave moved that the Senate do not concur in House amendments to SB 91 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Rave, Heineman (Phyllis), and Hunhoff (Bernie).

    Sen. Rave moved that the Senate do not concur in House amendments to SB 92 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.


    Which motion prevailed and the President announced as such committee Sens. Rave, Heineman (Phyllis), and Hunhoff (Bernie).

    Sen. Rampelberg moved that the Senate do not concur in House amendments to SB 152 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Soholt, Rampelberg, and White.

    Sen. Peters moved that the Senate do not concur in House amendments to SB 174 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Tieszen, Haverly, and Solano.

    Sen. Rave moved that the Senate do not concur in House amendments to SB 176 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Rave, Brown, and Sutton.

    Sen. Lederman moved that the Senate do concur in House amendments to SB 140.

    Sen. Rave moved the previous question.

    Which motion prevailed.

    The question now being on Sen. Lederman's motion that the Senate do concur in House amendments to SB 140.

    And the roll being called:

    Yeas 16, Nays 18, Excused 1, Absent 0

    Yeas:
Cammack; Ewing; Greenfield (Brock); Haggar (Jenna); Heineman (Phyllis); Holien; Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peterson (Jim); Rampelberg; Van Gerpen


    Nays:
Bradford; Brown; Buhl O'Donnell; Frerichs; Haverly; Heinert; Hunhoff (Bernie); Parsley; Peters; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Excused:
Curd

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


    Sen. Brown moved that the Senate do not concur in House amendments to SB 140 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed.

    Sen. Vehle moved that the Senate do concur in House amendments to SB 39.

    The question being on Sen. Vehle's motion that the Senate do concur in House amendments to SB 39.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Curd

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

    Sen. Peters moved that the Senate do concur in House amendments to SB 52.

    The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 52.



    And the roll being called:

    Yeas 24, Nays 9, Excused 2, Absent 0

    Yeas:
Brown; Cammack; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly; Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Bradford; Buhl O'Donnell; Frerichs; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Parsley; Peterson (Jim); Sutton

    Excused:
Curd; Holien

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

    Sen. Rave moved that the Senate do concur in House amendments to SB 64.

    The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 64.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Curd; Holien

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

    Sen. Rave moved that the Senate do concur in House amendments to SB 65.

    The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 65.


    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Curd; Holien

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

    Sen. Rave moved that the Senate do concur in House amendments to SB 66.

    The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 66.

    And the roll being called:

    Yeas 25, Nays 8, Excused 2, Absent 0

    Yeas:
Brown; Cammack; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Peterson (Jim); Sutton

    Excused:
Curd; Holien

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

    Sen. Peters moved that the Senate do concur in House amendments to SB 99.

    The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 99.


    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Curd; Holien

    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 amendments were concurred in.

    Sen. Peters moved that the Senate do concur in House amendments to SB 100.

    The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 100.

    And the roll being called:

    Yeas 25, Nays 8, Excused 2, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Lederman; Monroe; Novstrup (David); Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Van Gerpen; White

    Nays:
Brown; Cammack; Ewing; Jensen (Phil); Olson; Peterson (Jim); Tieszen; Vehle

    Excused:
Curd; Holien

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

    Sen. Rave moved that the Senate do concur in House amendments to SB 132.

    The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 132.


    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Hunhoff (Bernie); Parsley; Sutton

    Excused:
Curd; Holien

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

    Sen. Rave moved that the Senate do concur in House amendments to SB 134.

    The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 134.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Curd; Holien

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

    Sen. Frerichs moved that the Senate do concur in House amendments to SB 154.

    The question being on Sen. Frerichs' motion that the Senate do concur in House amendments to SB 154.


    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Curd; Holien

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

    Sen. Rave moved that the Senate do concur in House amendments to SB 180.

    The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 180.

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Omdahl

    Excused:
Curd; Holien

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

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


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1140 and has appointed Reps. Johns, Hunt, and Gibson 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.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Craig, Hickey, and Haugaard as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 95.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Munsterman, Stevens, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 190.

Respectfully,
Arlene Kvislen, Chief Clerk

ANNOUNCEMENT


    The President announced Sens. Tieszen, Rusch, and Buhl O'Donnell as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1140.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

    Sen. Greenfield (Brock) moved that the report of the Conference Committee on SB 120 as found on page 663 of the Senate Journal be adopted.

    The question being on Sen. Greenfield's (Brock) motion that the report of the Conference Committee on SB 120 be adopted.


    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Curd; Holien

    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.

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1219.

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 120.

Respectfully,
Arlene Kvislen, Chief Clerk

    Sen. Rave moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Thursday, March 12, the 37th legislative day.

    Which motion prevailed.


ANNOUNCEMENT

    The President announced Sens. White, Heinert, and Jensen (Phil) as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 140.

    Sen. Rave moved that the Senate do now recess until 4:15 p.m., which motion prevailed and at 3:40 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 4:50 p.m., the President presiding.

    There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF JOINT-SELECT COMMITTEE


MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Ninety-first Legislative Session be January 12 through January 15, January 19 through January 22, January 25 through January 28, February 2 through February 5, February 8 through February 11, February 16 through February 19, February 22 through February 25, February 29 through March 3, March 7 through March 11, and March 29.

Respectfully submitted,    Respectfully submitted,
Mike Stevens    Corey Brown
Kris Langer    Tim Rave
Peggy Gibson    Billie Sutton
House Committee    Senate Committee

MR. PRESIDENT:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Ninetieth Legislative Session be adopted as the joint rules of the Ninety-first Legislative Session with the following changes:


Amend Chapter 5 of the Joint Rules as follows:

5-17.   Motion to delay action on amendments. Final action upon any amendment to a bill or resolution may not be heard until one legislative day has intervened, if a request for delay is made and is supported by at least one-fifth of the members. However, no such request is in order during the last fourteen days of the session, less one day for every two days that the session is less than forty days. This rule cannot be invoked more than two times on the same bill in each house.

Amend Chapter 7 of the Joint Rules as follows:

7-20.  Scope of motion to defer to day certain beyond sine die. The rules pertaining to motions to table and to defer to a day certain beyond sine die shall be the same except that a motion to defer to a day certain beyond sine die is debatable. A member of the Senate may make introductory remarks prior to making a motion to defer to a day certain beyond sine die.

Amend Chapter 17 of the Joint Rules as follows:


CHAPTER 17. LEGISLATIVE DEADLINES


Legislative Deadlines

 
Legislative Action   40 Day
Session  
35 Day
Session  
Final day for unlimited introduction of individual bills and joint resolutions.   12th Day    
Final day for introduction of individual bills and joint resolutions2   15th Day   10th Day  
Final day for introduction of committee bills and joint resolutions*1&2   16th Day   11th Day  
Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house   26th Day   21st Day  
Last day to move required delivery of bills or resolutions by a committee to the house of origin*1   27th Day   22nd Day  
Last day to pass bills or joint resolutions by the house of origin*1   28th Day   23rd Day  
Final day for introduction of concurrent resolutions and commemorations   28th Day   23rd Day  
During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)   34th Day on   29th Day on  
Last day to move required delivery of bills or resolutions by a committee to the second house*1   35th Day   30th Day  
Last day for a bill or joint resolution to pass both houses*1   36th Day   31st Day  
Two days preceding the final two days of a legislative session shall be reserved for concurrences

or action upon conference committee reports  

37th Day
38th Day
 
32nd Day
33rd Day

 
The final day of a legislative session is reserved for the consideration of vetoes   40th Day   35th Day  
*1This deadline does not apply to the general appropriations bill.
.Bills and joint resolutions must be submitted to the Legislative Research Council at least 48 hours prior to this deadline, pursuant to Joint Rule 6A-5.  

17-1. Calendar less than 40 days. If a Session Calendar is adopted for a period of thirty-six (36) thirty-five (35) days to thirty-nine (39) days, inclusive, the legislative deadlines set forth in Chapter 17 of the Joint Rules for a thirty-five (35) day session shall be increased by the same number of days by which the length of the adopted calendar exceeds thirty-five (35) days. decreased as follows:

    (1)    Decrease the deadlines occurring after the 16th day but prior to the 34th day by one (1) day for every two (2) days by which the length of the adopted calendar is less than forty (40) days;

    (2)    Decrease the deadlines occurring on and after the 34th day by the same number of days by which the length of the adopted calendar is less than forty (40) days.

Respectfully submitted,    Respectfully submitted,
Dean Wink        Corey Brown
Brian Gosch        Tim Rave
Spencer Hawley    Billie Sutton
House Committee        Senate Committee


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Dryden, Jensen (Alex), and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 181.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Johns, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 179.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Westra, Langer, and Schrempp as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 176.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Bolin, Romkema, and Killer as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 174.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Haggar (Don), Verchio, and Bordeaux as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 152.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Stevens, Hunhoff (Jean), and McCleerey as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 109.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Wink, Partridge, and Kirschman as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 92.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Cronin, and Ring as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 91.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Cronin, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 55.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Cronin, Haggar (Don), and Hawks as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 53.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Westra, Haggar (Don), and Feickert as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 1.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Cronin, Jensen (Alex), and Bordeaux as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 54.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Anderson, and Ring as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 106.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1190 and has appointed Reps. Langer, Hunhoff (Jean), and Soli 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.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1147 and has appointed Reps. Anderson, Sly, and Hawks 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,
Arlene Kvislen, Chief Clerk

ANNOUNCEMENTS

    The President announced Sens. Holien, Peterson (Jim), and Greenfield (Brock) as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1147.

    The President announced Sens. Peters, Tidemann, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1190.

    Sen. Rusch moved that the Senate do now adjourn, which motion prevailed and at 4:53 p.m. the Senate adjourned.

Kay Johnson, Secretary

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