JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 4, 2013

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

    The prayer was offered by the Chaplain, Reverend Don Block, followed by the Pledge of Allegiance led by Senate pages Josiah Aberson and Frae Binder.

    Roll Call: All members present except Sens. Begalka, Buhl, and Novstrup who were excused.

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

            Pages _ Josiah Aberson, Frae Binder, Garrett Keegan, Natasha Schamens, Cody Stoltenburg, Joshua Utterbach

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

COMMUNICATIONS AND PETITIONS

February 28, 2013

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 28, 2013, I approved Senate Bills 12, 13, 18, 19, 23, 27, 32, 41, 45, 52, 67, 72, 78, 85, and 121, 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 1, 60, 61, 62, 71, and 80 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 3, 4, 7, 14, 22, 29, 30, 33, 35, 36, 43, 56, 64, 65, 68, 69, 86, 88, 89, 103, 117, 118, 133, 139, 146, 168, 181, 189, 190, 204, 205, and 239 were delivered to his Excellency, the Governor, for his approval at 11:00 a.m., March 4, 2013.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:

1142jb

    On page 2, after line 15 of the House engrossed bill, insert:

    "Section 3. The provisions of this Act are repealed on June 30, 2018."


    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be adopted.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of James C. Roby of Watertown, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the reappointment and place on the consent calendar.

Respectfully submitted,
Ried S. Holien, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

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

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    On page 1, line 4, of the House engrossed bill, delete "three dollars ($3)" and insert "four million dollars ($4,000,000)".

    On page 1, line 6, delete "($1)" and insert "($2,000,000)".

    On page 1, line 7, after "Center" delete "($1)" and insert "($1,500,000)".

    On page 1, line 7, after "Rushmore" delete "($1)" and insert "($500,000)".

    And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1137 and 1161 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1165 and returns the same with the recommendation that said bill be amended as follows:

1165fb

    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 10-6-33.35 be amended to read as follows:

    10-6-33.35. There is hereby established the Agricultural Land Assessment Implementation and Oversight Advisory Task Force. The task force shall consist of the following fourteen members:

            (1)    The speaker of the House of Representatives shall appoint four members of the House of Representatives, no more than two of whom may be from one political party;

            (2)    The speaker of the House of Representatives shall appoint three members of the general public, at least one of the members shall have an agricultural background and at least one of the members shall have a business background;

            (3)    The president pro tempore of the Senate shall appoint four members of the Senate, no more than two of whom may be from one political party; and

            (4)    The president pro tempore of the Senate shall appoint three members of the general public, at least one of the members shall have an agricultural background and at least one of the members shall have a business background.

    The initial appointments shall be made no later than July 1, 2008, and shall serve until January 12, 2009. The speaker of the House of Representatives and president pro tempore of the Senate before the close of each regular session of the Legislature held in odd-numbered years shall appoint members to the task force for a term of two years. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment.

    The task force shall advise the department regarding the rules promulgated by the department to administer the provisions concerning the assessment and taxation of agricultural lands and shall review the implementation of the provisions of law concerning the assessment and taxation of agricultural land. The task force shall report to the Senate and House of Representatives and may submit a copy of its report to the Governor. The task force may present draft legislation and policy recommendations to the Legislative Research Council Executive Board.

    The task force shall make recommendations in the following areas:

            (1)    The proper percentage of annual earning capacity to be used to determine the agricultural income value pursuant to § 10-6-33.28;

            (2)    The proper capitalization rate in order to have total taxable valuation for the taxes payable in 2011 from agricultural property be not more than total taxable valuation for the taxes payable in 2010 from agricultural property plus the estimated growth in agricultural property value in 2010;

            (3)    The changes, if any, that must be made to §§ 13-10-6, 13-16-7, 13-37-16, and 13-37-35.1 to ensure that the total amount of additional taxes that may be generated on agricultural land by a school district pursuant to the provisions of §§ 13-10-6, 13-16-7, 13-37-16, and 13-37-35.1 will not provide a substantial property tax revenue increase for the school district pursuant to the implementation of the productivity system pursuant to §§ 10-6-33.28 to 10-6-33.33, inclusive; and

            (4)    The changes, if any, that must be made to §§ 13-10-6, 13-16-7, 13-37-16, and 13-37-35.1 to ensure that the total amount of property taxes that may be lost on agricultural land by a school district pursuant to the provisions of §§ 13-10-6, 13-16-7, 13-37-16, and 13-37-35.1 will not provide a substantial property tax revenue decrease for the school district pursuant to the implementation of the productivity system pursuant to §§ 10-6-33.28 to 10-6-33.33, inclusive; and

            (5)    The distribution of the local effort for the general fund of school districts between the classifications of real property as provided by § 13-13-72.1 which establishes the real property tax contribution from agricultural property for the general fund of school

districts as a fixed ratio of the total local effort for such levies. The task force shall also consider the other taxes paid by agricultural property, the relationship of the total assessed value of agricultural property to the total assessed value of all real property, and other factors the task force deems appropriate. "


1165ftb

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions concerning the agricultural land task force."

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1212 and returns the same with the recommendation that said bill be amended as follows:

1212ya

    On page 1, line 10, of the House State Affairs Committee engrossed bill, delete "of one hundred ten dollars per day" and insert "of one hundred ten twenty-three dollars per day".

    On page 1, line 14, delete "at an" and insert "or at the".

    On page 2, line 2, after "year" insert ", whichever of the two is greater".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1220 and returns the same with the recommendation that said bill be amended as follows:

1220fa

    On page 1, line 10, of the House Local Government Committee engrossed bill, after "headlights," insert "and".

    On page 1, line 10, after "lights" delete ", and horn".

    And that as so amended said bill do pass and be placed on the consent calendar.


Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration  HB 1235 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1214 and returns the same with the recommendation that said bill be amended as follows:

1214jd

    On the House engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. The Department of Social Services shall submit a Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services to expand Medicaid eligibility for pregnancy-related services for pregnant women up to one hundred forty percent of the federal poverty level per household size.

    Section 2. There is hereby appropriated from the general fund the sum of four hundred sixty-four thousand, three hundred fifty-five dollars ($464,355), or so much thereof as may be necessary, and five hundred forty-nine thousand, five hundred twenty-one dollars ($549,521), or so much thereof as may be necessary, of federal fund expenditure authority to the Department of Social Services for the purpose of providing pregnancy-related services to pregnant women.

    Section 3. The secretary of social services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2014, shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 5. The Department of Social Services shall provide a report to the Governor and the Legislature by January 1, 2015. The report shall include birth outcomes and any estimated savings."


1214jta

    On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "expand Medicaid eligibility for pregnant women and to make an appropriation therefor."


    And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

REPORT OF CONFERENCE COMMITTEE

cc151A

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 151 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 151 be amended as follows:

151fj


    On page 1, line 7, of the House engrossed bill, delete "section 6" and insert "section 2".

Respectfully submitted,                Respectfully submitted,
Mike Verchio                        Mike Vehle
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 60, 61, and 62 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 6 in which the House has concurred.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1008.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that HB 1030, 1239, 1164, 1033, 1068, 1189, 1096, 1050, and 1123 be placed to follow 1198 on today's calendar.

    Which motion prevailed.

    Sen. Tieszen moved that the Committee on Transportation be instructed to deliver HB 1080 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion was not supported.

    SCR 5: A CONCURRENT RESOLUTION, Commending the Jobs for America's Graduates (JAG) pilot program at Wagner Community School, and honoring Sage Zephier for delivering the student address for the JAG National Leadership Awards Luncheon in Washington.

    Was read the second time.

    Sen. Sutton moved that SCR 5 as found on page 558 of the Senate Journal be adopted.

    The question being on Sen. Sutton's motion that SCR 5 be adopted.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

    Sen. Peters moved that the Senate do concur in House amendments to SB 120.

    The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 120.

    And the roll being called:

    Yeas 25, Nays 7, Excused 3, Absent 0

    Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Peters; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle; White

    Nays:
Jensen; Omdahl; Otten (Ernie); Rampelberg; Soholt; Van Gerpen; Welke

    Excused:
Begalka; Buhl; Novstrup (Al)

    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. Rhoden moved that the Senate do concur in House amendments to SB 34.

    The question being on Sen. Rhoden's motion that the Senate do concur in House amendments to SB 34.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

    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. Vehle moved that the Senate do concur in House amendments to SB 44.

    The question being on Sen. Vehle's motion that the Senate do concur in House amendments to SB 44.

    And the roll being called:

    Yeas 26, Nays 5, Excused 4, Absent 0

    Yeas:
Adelstein; Bradford; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Brown; Ewing; Maher; Rave; Sutton

    Excused:
Begalka; Buhl; Novstrup (Al); Olson (Russell)

    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. Johnston moved that the Senate do concur in House amendments to SB 84.

    The question being on Sen. Johnston's motion that the Senate do concur in House amendments to SB 84.

    And the roll being called:

    Yeas 27, Nays 5, Excused 3, Absent 0

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

    Nays:
Omdahl; Peters; Tidemann; Van Gerpen; Vehle

    Excused:
Begalka; Buhl; Novstrup (Al)

    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. Tieszen moved that the Senate do not concur in House amendments to SB 147 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, Peters, and Lucas.

    Sen. Lederman moved that the Senate do concur in House amendments to SB 174.

    The question being on Sen. Lederman's motion that the Senate do concur in House amendments to SB 174.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

    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. Brown moved that the Senate do concur in House amendments to SB 198.

    Sen Adelstein moved a substitute motion not to concur and appoint a new committee.

    Which motion lost.

    The question being on Sen. Brown's motion that the Senate do concur in House amendments to SB 198.

    And the roll being called:

    Yeas 28, Nays 4, Excused 3, Absent 0

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

    Nays:
Adelstein; Krebs; Sutton; Welke

    Excused:
Begalka; Buhl; Novstrup (Al)

    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.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on HB 1130 as found on page 620 of the Senate Journal; also

    Judiciary on HB 1171 as found on page 621 of the Senate Journal; also

    Agriculture and Natural Resources on HB 1168 as found on page 622 of the Senate Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1151: FOR AN ACT ENTITLED, An Act to extend general immunity from liability for directors and officers of certain nonprofit fire and ambulance departments and to limit certain actions for personal injury or death.

    Was read the second time.

    The question being "Shall HB 1151 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

    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 1124: FOR AN ACT ENTITLED, An Act to provide for the appointment of members of the South Dakota Pulse Crops Council.

    Was read the second time.

    The question being "Shall HB 1124 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

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

    HB 1149: FOR AN ACT ENTITLED, An Act to revise and clarify requirements relating to limits of small game and fish taken by small game hunting parties and fishing parties.

    Was read the second time.

    The question being "Shall HB 1149 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

    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 1152: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the administrative office and to the appointment and direction of the executive director of the South Dakota Wheat Utilization, Research and Market Development Commission.

    Was read the second time.

    The question being "Shall HB 1152 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

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

    HB 1167: FOR AN ACT ENTITLED, An Act to restructure the policy advisory committee for animal damage control.

    Was read the second time.

    The question being "Shall HB 1167 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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


    Excused:
Begalka; Buhl; Novstrup (Al)

    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 1246: FOR AN ACT ENTITLED, An Act to authorize certain pesticide applicators to apply pesticide on their own property.

    Was read the second time.

    The question being "Shall HB 1246 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1108: FOR AN ACT ENTITLED, An Act to expand the application of certain open meetings provisions to certain committees of public boards.

    Was read the second time.

    Sen. Rhoden moved that HB 1108 be laid on the table.

    The question being on Sen. Rhoden's motion that HB 1108 be laid on the table.

    And the roll being called:

    Yeas 28, Nays 4, Excused 3, Absent 0

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

    Nays:
Frerichs; Kirkeby; Lucas; Welke

    Excused:
Begalka; Buhl; Novstrup (Al)

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

    HB 1194: FOR AN ACT ENTITLED, An Act to revise the period during which fireworks may be discharged.

    Was read the second time.

    The question being "Shall HB 1194 pass as amended?"

    And the roll being called:

    Yeas 24, Nays 8, Excused 3, Absent 0

    Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Maher; Monroe; Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Sutton; Tidemann; White

    Nays:
Krebs; Lucas; Peters; Soholt; Tieszen; Van Gerpen; Vehle; Welke

    Excused:
Begalka; Buhl; Novstrup (Al)

    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 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.

    Was read the second time.

    The question being "Shall HB 1234 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

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

    The question being on the title.

1234jta

    Sen. Holien moved that the title to HB 1234 be amended as follows:

    On page 1, line 2, of the Senate Commerce and Energy Committee engrossed bill, after "laws" insert "and to declare an emergency".

    Which motion prevailed.

    HB 1018: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning elections and petitions.

    Was read the second time.

    The question being "Shall HB 1018 pass?"

    And the roll being called:

    Yeas 30, Nays 1, Excused 4, Absent 0

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

    Nays:
Bradford

    Excused:
Begalka; Buhl; Novstrup (Al); Rave

    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 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation of captive insurance companies.

    Was read the second time.

    The question being "Shall HB 1061 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

    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. Van Gerpen moved that HB 1122 be deferred to Tuesday, March 5, the 34th legislative day.

    Which motion prevailed.

    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.

    Was read the second time.

    The question being "Shall HB 1085 pass as amended?"

    And the roll being called:

    Yeas 8, Nays 24, Excused 3, Absent 0

    Yeas:
Brown; Heineman (Phyllis); Krebs; Monroe; Omdahl; Rampelberg; Tieszen; Vehle

    Nays:
Adelstein; Bradford; Ewing; Frerichs; Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Olson (Russell); Otten (Ernie); Peters; Rave; Rhoden; Soholt; Sutton; Tidemann; Van Gerpen; Welke; White

    Excused:
Begalka; Buhl; Novstrup (Al)

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

    Sen. Olson announced his intention to reconsider the vote by which HB 1085 lost.

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

    Was read the second time.

    The question being "Shall HB 1233 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

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

    Was read the second time.

    The question being "Shall HB 1045 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

    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 1098: FOR AN ACT ENTITLED, An Act to provide for bonding authorization for the postsecondary technical institutes and to authorize bonds for lease purchase agreements with Western Dakota Technical Institute and Southeast Technical Institute.

    Was read the second time.

    The question being "Shall HB 1098 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Begalka; Buhl; Novstrup (Al)

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

    The question being on the title.

1098ctc

    Sen. Krebs moved that the title to HB 1098 be amended as follows:

    On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete everything after "An Act to" and insert "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."

    On page 1, delete lines 2 and 3.

    Which motion prevailed.

    HB 1198: FOR AN ACT ENTITLED, An Act to allow certain opportunity scholarship recipients who graduate early to use the remainder of their scholarship award for graduate studies.

    Was read the second time.

    The question being "Shall HB 1198 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

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

    Excused:
Begalka; Buhl; Frerichs; Novstrup (Al)

    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. Olson moved that HB 1030, 1239, 1164, 1033, 1068, 1189, 1096, 1050, and 1123 be deferred to Tuesday, March 5, the 34th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 1: FOR AN ACT ENTITLED, An Act to revise the provisions regarding plugging and performance bonds for oil and gas wells and to repeal the supplemental restoration bond requirement.

    SB 60: FOR AN ACT ENTITLED, An Act to revise certain definitions regarding the appraiser certification program.

    SB 61: FOR AN ACT ENTITLED, An Act to allow licensed insurance agents to act as consultants in certain circumstances.

    SB 62: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding when an insurer's certificate of authority may be revoked.

    SB 71: FOR AN ACT ENTITLED, An Act to correct the name of a postsecondary institution authorized to provide educational programs in South Dakota, and to revise the requirements for an institution seeking such authorization.

    SB 80: FOR AN ACT ENTITLED, An Act to reinstate certain provisions repealed in the Eighty-seventh Legislative Session regarding the accounting for federal impact aid.

    HB 1013: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct multi-use storage facilities at South Dakota State University and to make an appropriation therefor.

    HB 1014: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase a structure for use by South Dakota School of Mines and Technology and to make an appropriation therefor.

    HB 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of an addition, remodeling, and renovation of Medary Commons on the campus of South Dakota State University and to make an appropriation therefor.

    HB 1016: FOR AN ACT ENTITLED, An Act to revise the location of the cow-calf research and education unit authorized in chapter 107 of the 2012 Session Laws.

    HB 1017: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions, bond amounts, fees, and penalties related to the regulation of grain warehouses and grain buyers and to declare an emergency.

    HB 1049: FOR AN ACT ENTITLED, An Act to transfer the value added agriculture subfund from the Governor's Office of Economic Development to the Department of Agriculture.

    HB 1059: FOR AN ACT ENTITLED, An Act to repeal and revise certain obsolete and unnecessary statutes and rules relating to the Department of Environment and Natural Resources.

    HB 1062: FOR AN ACT ENTITLED, An Act to repeal and reenact certain provisions regarding forestry and fire suppression.

    HB 1083: FOR AN ACT ENTITLED, An Act to revise the crime of rustling to include sheep and goats.

    HB 1093: FOR AN ACT ENTITLED, An Act to allow the use of dogs to hunt mountain lions and leashed dogs to track and retrieve wounded or presumed dead big game animals.

    HB 1102: FOR AN ACT ENTITLED, An Act to revise provisions regarding the South Dakota Life and Health Insurance Guaranty Association Act.

    HB 1103: FOR AN ACT ENTITLED, An Act to exempt credit health insurers from certain provisions related to preexisting conditions.

    HB 1110: FOR AN ACT ENTITLED, An Act to provide for openness in certain electronic records databases and to open certain information regarding electronic record systems.

    HB 1112: FOR AN ACT ENTITLED, An Act to clarify the application of certain open meetings provisions to certain three-member public boards.

    HB 1115: FOR AN ACT ENTITLED, An Act to clarify the deliberative process exception to certain open records provisions.

    HB 1116: FOR AN ACT ENTITLED, An Act to revise the terms and expiration dates of appointees to certain boards and commissions.

    HB 1150: FOR AN ACT ENTITLED, An Act to amend provisions relating to violations of no contact orders.

    HB 1162: FOR AN ACT ENTITLED, An Act to provide for special organ donation decals for license plates.

    HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to snowmobile operation.

    HB 1187: FOR AN ACT ENTITLED, An Act to provide alternative brand inspection procedures for certain rodeo livestock.

    HB 1191: FOR AN ACT ENTITLED, An Act to provide for the issuance of additional retail fireworks licenses.

    HB 1217: FOR AN ACT ENTITLED, An Act to revise and expand certain provisions related to organ and tissue donation.

    HB 1226: FOR AN ACT ENTITLED, An Act to provide remedies for assets omitted from the division of property in the entry of a divorce decree.

    And signed the same in the presence of the Senate.

    Sen. Vehle moved that the Senate do now adjourn, which motion prevailed and at 4:10 p.m. the Senate adjourned.

Jeannette Schipper, Secretary