JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 21, 2014

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Fr. David Hussey, followed by the Pledge of Allegiance led by Senate page Bridget Redder.

Roll Call: All members present except Sens. Curd and Krebs 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 twenty-third 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

January 31, 2014

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Doyle D. Estes, Pennington County, Hill City, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2017.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Commerce and Energy.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 78 and 79 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 61, 95, and 138 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 21, 2014.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1095 and 1105 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 145 and returns the same with the recommendation that said bill be amended as follows:

145ja

On page 2, after line 16 of the printed bill, insert:

"Section 6. A school administrator may waive the requirement that a student receive instruction pursuant to section 2 of this Act if the student has a disability or is physically unable to perform the psychomotor skills component of the required instruction.".

145jb

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

"Section 1. The secretary of education shall annually identify cardiopulmonary resuscitation (CPR) as a recommended skill that all schools should include within school health curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.

Section 2. Any training resources the secretary of education recommends pursuant to section 1 of this Act shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.

Section 3. The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. The survey must gather data regarding what grades, for what period of time, and in connection with what course of instruction, if any, the training is offered. The secretary shall submit a report of the results of this data collection to the Senate and House standing committees on education and health and human services no later than December 1 of each year."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 126 which was tabled.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 36 and returns the same with the recommendation that said bill be amended as follows:

36fa

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

"Section 1. That § 49-16B-3 be amended to read as follows:

49-16B-3. There is created the South Dakota Railroad Authority, a body corporate and politic, to consist of seven members appointed by the Governor. No person may be appointed to the authority who is an elected official of the State of South Dakota or any subdivision thereof. The authority shall annually choose a chairperson from its membership. The governing board of the South Dakota Railroad Authority shall be comprised of the members of the South Dakota State Railroad Board, as provided by § 1-44-25.

Section 2. That § 49-16B-5 be repealed.

49-16B-5. All appointments to the authority shall be made for a four-year term. Each member's term of office shall expire on the appropriate third Monday in January, but the member shall continue to hold office until a successor is appointed and qualified. Any vacancy in the authority shall be filled by appointment in the manner prescribed for appointments for full terms. A majority of the authority is required to take official action.

Section 3. That § 1-44-25 be amended to read as follows:

1-44-25. The South Dakota State Railroad Board consists of seven members to be appointed by the Governor. Members shall serve a three-year term. No more than five members may be of the same political party. No person may be appointed to the board who is an elected official of the State of South Dakota or any subdivision thereof. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only for the unexpired term, but may be reappointed to a full term. The board shall annually choose from its membership a chair, a vice chair, and a secretary-treasurer. No member may be removed from office except for cause.

The terms of members begin on October thirty-first of the calendar year. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 139 which was tabled.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1135 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1218 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 114 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 SB 28 and returns the same with the recommendation that said bill be amended as follows:

28ma

On page 1, line 4, of the printed bill, delete "three hundred fifty" and insert "one dollar ($1)".

On page 1, line 5, delete "thousand dollars ($350,000)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 135 and returns the same with the recommendation that said bill be amended as follows:

135na

On page 1, line 6, of the printed bill, delete "two million dollars ($2,000,000)" and insert "one dollar ($1)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 137 and returns the same with the recommendation that said bill be amended as follows:

137md

On page 1, between lines 3 and 4 of the printed bill, insert:

"Section 1. The state treasurer shall transfer six million dollars ($6,000,000) from the property tax reduction fund to the general fund.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 121, 132, and 166 which were tabled.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 107, 157, and 168 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 SB141 and returns the same with the recommendation that said bill be amended as follows:

141aa

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

"Section 1. There is hereby appropriated from the general fund the sum of one dollar ($1) to the need-based grant fund established pursuant to § 13-55A-14.

Section 2. There is hereby appropriated from the general fund the sum of one dollar ($1), or so much thereof as may be necessary, to the education enhancement trust fund created pursuant to S.D. Const., Art. XII, § 6 to allow the funds to be invested to fund the critical teaching needs scholarship program established pursuant to § 13-55-64.

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

Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

141ata

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "make an appropriation to fund certain scholarship programs and to declare an emergency.".

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 SB 158 and returns the same with the recommendation that said bill be amended as follows:

158aa

On page 3, line 20, of the printed bill, delete "fifteen million dollars" and insert "one percent of the general fund appropriations in the general appropriations act for the previous fiscal year".

On page 3, line 22, delete "fifteen million dollars" and insert "one percent of the general fund appropriations in the general appropriations act for the previous year".

On page 4, after line 1, insert

"Section 4. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

If the combined balance in the building South Dakota fund pursuant to section 3 of this Act is less than one half percent of the general fund appropriations in the general appropriations act for the previous fiscal year, the commissioner shall transfer an amount of money from the property tax reduction fund to the building South Dakota fund so that the total of the amount deposited pursuant to this section and section 3 of this Act does not exceed one half percent of the general fund appropriations in the general appropriations act for the previous fiscal year. However, if the collective cash balance of the budget reserve fund and the property tax reduction fund at the end of the prior fiscal year is less than ten percent of the general fund appropriations from the general appropriations act for the prior year, no transfer may be made to the building South Dakota fund pursuant to this section.".

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 SB 109 which was tabled.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 78 and 79 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 4 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1043, 1122, 1150, and 1229 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 3 Introduced by: Senators Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman, Phyllis; Holien; Hunhoff, Jean; Jensen; Jones, Chuck; Jones, Tom; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup, Al; Omdahl; Otten, Ernie; Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-ninth Legislature of the State of South Dakota to Priscilla Boland, Sidney Carey, Jocelynn Keffeler, Tomas Martinez, Victoria Murphy, Mitchell Rave, Bridget Redder, Jessica Welter, Krystal Worster

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

WHEREAS, the members of the Eighty-ninth 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-ninth 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. Jones (Chuck) moved that Senate Page Resolution 3 be adopted.

The question being on Sen. Jones' (Chuck) motion that Senate Page Resolution 3 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Curd; Krebs

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

HCR 1007: A CONCURRENT RESOLUTION, Petitioning Congress to provide for an audit of the Federal Reserve Bank.

Was read the second time.

Sen. Jensen moved that the Senate do concur in HCR 1007 as found on page 100 of the House Journal.

Sen. Rave moved the previous question.

Which motion prevailed.

The question being on Sen. Jensen's motion that HCR 1007 be concurred in.

And the roll being called:

Yeas 14, Nays 19, Excused 2, Absent 0

Yeas:
Begalka; Ewing; Holien; Jensen; Jones (Chuck); Lederman; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Rhoden; Van Gerpen; White

Nays:
Bradford; Brown; Buhl O'Donnell; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Jones (Tom); Kirkeby; Lucas; Peters; Rampelberg; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; Welke

Excused:
Curd; Krebs

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

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Julie A. Mathiesen of Meade County, Sturgis, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive reappointment of Julie A. Mathiesen pursuant to the executive message as found on page 282 of the Senate Journal?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Begalka; Jensen

Excused:
Curd; Krebs

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 9 as found on page 376 of the Senate Journal; also

Appropriations on SB 94 as found on page 377 of the Senate Journal; also

Appropriations on SB 184 as found on page 377 of the Senate Journal; also

Appropriations on SB 185 as found on page 377 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1043: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the regulation of aeronautics.

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

HB 1122: FOR AN ACT ENTITLED, An Act to prohibit the collection in South Dakota of civil fines arising from speeding or red light cameras in other states.

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

HB 1150: FOR AN ACT ENTITLED, An Act to require that the pledge of allegiance to the flag of the United States be recited at the start of each school day in every public school classroom.

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

HB 1229: FOR AN ACT ENTITLED, An Act to provide for the reporting of certain person's names to the National Instant Criminal Background Check System.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Kurt E. Solay of Pennington County, Rapid City, South Dakota, to the SD Ellsworth Development Authority.

The question being "Does the Senate advise and consent to the executive appointment of Kurt E. Solay pursuant to the executive message as found on page 106 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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

The Senate proceeded to the consideration of the executive appointment of David R. Emery of Pennington County, Rapid City, South Dakota, to the SD Ellsworth Development Authority.

The question being "Does the Senate advise and consent to the executive appointment of David R. Emery pursuant to the executive message as found on page 122 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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

The Senate proceeded to the consideration of the executive appointment of Steven J. Zellmer of Pennington County, Rapid City, South Dakota, to the SD Building Authority.

The question being "Does the Senate advise and consent to the executive appointment of Steven J. Zellmer pursuant to the executive message as found on page 252 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 118: FOR AN ACT ENTITLED, An Act to revise certain criminal penalties for intentional damage to private property.

Was read the second time.

The question being "Shall SB 118 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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 1021: FOR AN ACT ENTITLED, An Act to provide for judicial review of Board of Regents decisions involving student discipline and residency classification.

Was read the second time.

The question being "Shall HB 1021 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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 1052: FOR AN ACT ENTITLED, An Act to authorize additional disclosure regarding certain insurance investigations and examinations.

Was read the second time.

The question being "Shall HB 1052 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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 1082: FOR AN ACT ENTITLED, An Act to revise the conditions causing the suspension of a probationer's probationary period.

Was read the second time.

The question being "Shall HB 1082 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the definition of and the diagnosing of autism and to revise the definition of a level five disability for purposes of state aid for special education funding.

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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 1130: FOR AN ACT ENTITLED, An Act to authorize the use of crossbows for hunting big game animals during the firearm season.

Was read the second time.

The question being "Shall HB 1130 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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 1107: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding restraint of trade.

Was read the second time.

The question being "Shall HB 1107 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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 1131: FOR AN ACT ENTITLED, An Act to clarify that a credit card is not required to establish a revolving credit account.

Was read the second time.

The question being "Shall HB 1131 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Rave moved that SB 116 and 176 be deferred to Monday, February 24, the 25th legislative day.

Which motion prevailed.

SB 170: FOR AN ACT ENTITLED, An Act to revise the structure for compensating surface owners for losses due to mineral development.

Was read the second time.

170tb

Sen. Maher moved that SB 170 be amended as follows:

On page 1, line 10, of the printed bill, remove the overstrikes from "~~given to~~".

On page 1, line 10, delete "made on an annual basis for".

On page 1, line 12, before "." insert "or by a single sum payment".

Which motion prevailed.

The question being "Shall SB 170 pass as amended?"

And the roll being called:

Yeas 15, Nays 18, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Buhl O'Donnell; Ewing; Frerichs; Jensen; Jones (Tom); Lucas; Maher; Monroe; Rampelberg; Rhoden; Solano; Sutton; Welke

Nays:
Brown; Heineman (Phyllis); Holien; Hunhoff (Jean); Jones (Chuck); Kirkeby; Lederman; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rave; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; White

Excused:
Curd; Krebs

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

Sen. Rhoden announced his intention to reconsider the vote by which SB 170 was lost.

Which motion prevailed.

SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding self-funded multiple employer trusts.

Was read the second time.

The question being "Shall SB 99 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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

SB 179: FOR AN ACT ENTITLED, An Act to prohibit the use of certain handheld electronic wireless devices for electronic messaging while driving and to allow conflicting local ordinances.

Was read the second time.

179fa

Sen. Vehle moved that SB 179 be amended as follows:

On page 3, line 5, of the Senate Transportation Committee engrossed bill, after "officer" insert "to establish a violation of this Act".

Which motion prevailed.

The question being "Shall SB 179 pass as amended?"

And the roll being called:

Yeas 26, Nays 7, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jones (Chuck); Kirkeby; Lederman; Lucas; Monroe; Novstrup (Al); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; Welke; White

Nays:
Brown; Jensen; Jones (Tom); Maher; Omdahl; Otten (Ernie); Van Gerpen

Excused:
Curd; Krebs

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.

179fta

Sen. Vehle moved that the title to SB 179 be amended as follows:

On page 1, line 2, of the Senate Transportation Committee engrossed bill, delete everything after "driving" and insert ".".

Which motion prevailed and the title was so amended.

SB 38: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

Was read the second time.

The question being "Shall SB 38 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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

SB 152: FOR AN ACT ENTITLED, An Act to make an appropriation to provide full funding of the cement plant retirement plan, to consolidate the cement plant retirement plan with the South Dakota Retirement System, and to declare an emergency.

Was read the second time.

The question being "Shall SB 152 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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

SB 102: FOR AN ACT ENTITLED, An Act to provide that, upon completion of certain proceedings, magistrate judges may return or dispose of property taken in as evidence.

Was read the second time.

The question being "Shall SB 102 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Krebs

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. Rave moved that HB 1061, 1029, 1012, 1015, 1045, 1058, 1079, 1014, 1110, 1069, 1178, 1019, 1081, 1068, 1028, 1033, and 1108 be deferred to Monday, February 24, the 25^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 78: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Commissioner of South Dakota.

SB 79: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the federal census.

HB 1076: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to party fishing.

And signed the same in the presence of the Senate.

COMMEMORATION

SC 26 Introduced by: Senators Novstrup (Al), Brown, Frerichs, and Welke and Representatives Novstrup (David), Cronin, Feickert, Greenfield, Hoffman, Kaiser, Tulson, and Wismer

A LEGISLATIVE COMMEMORATION, Honoring and commending Millicent Atkins for her boundless generosity and selfless nature.

WHEREAS, Millicent Atkins exhibited examples of hard work, generosity, and kindness of spirit throughout the entirety of her life; and

WHEREAS, upon her passing, Miss Atkins donated a third of her estate, amounting to approximately $12.5 million, to be used within the School of Education at Northern State University; and

WHEREAS, the sincere generosity she showed by donating her trust of $37.5 million earned her recognition on the list of the top 50 most generous donors of 2013 in The Chronicle of Philanthropy alongside others such as Mark Zuckerberg, Michael Bloomberg, and T. Denny Sanford:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Millicent Atkins be recognized for her selflessness in her donation to Northern State University and that appreciation is extended for her kindness.

Sen. Rampelberg moved that the Senate do now adjourn, which motion prevailed and at 2:55 p.m. the Senate adjourned.

Jeannette Schipper, Secretary