JOURNAL OF THE SENATE

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TWENTY-NINTH DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 3, 2014

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

    The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by Senate page Connor McNenny.

    Roll Call: All members present.

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-eighth 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.

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COMMUNICATIONS AND PETITIONS

February 27, 2014

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 27, 2014, I approved Senate Bills 39, 60, 78, 79, 88, and 119, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

January 23, 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 Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Stanley Porch, Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective immediately, and shall continue until January 15, 2018.

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 5, 70, 71, 115, and 151 and finds the same correctly enrolled.

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Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HCR 1026 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1022, 1034, and 1111 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:

1112ma

    On the House Appropriations Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1113 and returns the same with the recommendation that said bill be amended as follows:

1113da

    On page 1, between lines 12 and 13 of the printed bill, insert:

    "Section 4. That § 10-18A-5 be amended to read as follows:

    10-18A-5. The amount of refund of real property taxes due or paid for a single-member household made pursuant to this chapter shall be according to the following schedule:

		The refund of real
If household income is		property taxes due
more than:	but less than	or paid shall be
$ 0	$4,500 5,420	35%
4,501 5,421	4,760 5,680	34%
4,761 5,681	5,020 5,940	33%
5,021 5,941	5,280 6,200	32%
5,281 6,201	5,540 6,460	31%
5,541 6,461	5,800 6,720	30%
5,801 6,721	6,060 6,980	29%
6,061 6,981	6,320 7,240	28%
6,321 7,241	6,580 7,500	27%
6,581 7,501	6,840 7,760	26%
6,841 7,761	7,100 8,020	25%
7,101 8,021	7,360 8,280	24%
7,361 8,281	7,620 8,540	23%
7,621 8,541	7,880 8,800	22%
7,881 8,801	8,140 9,060	21%
8,141 9,061	8,400 9,320	20%
8,401 9,321	8,660 9,580	19%
8,661 9,581	8,920 9,840	18%
8,921 9,841	9,180 10,100	17%
9,181 10,101	9,440 10,360	16%
9,441 10,361	9,700 10,620	15%
9,701 10,621	9,960 10,880	14%
9,961 10,881	10,220 11,140	13%
10,221 11,141	10,480 11,400	12%
10,481 11,401	10,750 11,670	11%
over 10,750 11,670		No refund

    Section 5. That § 10-18A-6 be amended to read as follows:

    10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member household made pursuant to this chapter shall be according to the following schedule:

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		The refund of real
If household income is		property taxes due
more than:	but not more than	or paid shall be
$ 0	$7,750 9,230	55%
7,751 9,231	8,111 9,591	53%
8,112 9,592	8,472 9,952	51%
8,473 9,953	8,833 10,313	49%
8,834 10,314	9,194 10,674	47%
9,195 10,675	9,555 11,035	45%
9,556 11,036	9,916 11,396	43%
9,917 11,397	10,277 11,757	41%
10,278 11,758	10,638 12,118	39%
10,639 12,119	10,999 12,479	37%
11,000 12,480	11,360 12,840	35%
11,361 12,841	11,721 13,201	33%
11,722 13,202	12,082 13,562	31%
12,083 13,563	12,443 13,923	29%
12,444 13,924	12,804 14,284	27%
12,805 14,285	13,165 14,645	25%
13,166 14,646	13,526 15,006	23%
13,527 15,007	13,887 15,367	21%
13,888 15,368	14,250 15,730	19%
over 14,250 15,730		No refund

    Section 6. That § 10-45A-5 be amended to read as follows:

    10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a household consisting solely of one person shall be determined as follows:

            (1)    If the claimant's income is four thousand five hundred five thousand four hundred twenty dollars or less, a sum of two hundred fifty-eight dollars;

            (2)    If the claimant's income is four thousand five hundred one five thousand four hundred twenty-one dollars and not more than ten thousand seven hundred fifty

eleven thousand six hundred seventy dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between ten thousand seven hundred fifty eleven thousand six hundred seventy dollars and the income of the claimant; and

            (3)    If the claimant's income is more than ten thousand seven hundred fifty eleven thousand six hundred seventy dollars, no refund.

    Section 7. That § 10-45A-6 be amended to read as follows:

    10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a household consisting of more than one person shall be determined as follows:

            (1)    If household income is seven thousand seven hundred fifty nine thousand two hundred thirty dollars or less, the sum of five hundred eighty-one dollars;

            (2)    If household income is seven thousand seven hundred fifty-one nine thousand two hundred thirty-one dollars and not more than fourteen thousand two hundred fifty fifteen thousand seven hundred thirty dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between fourteen thousand two hundred fifty fifteen thousand seven hundred thirty dollars and total household income; and

            (3)    If household income is more than fourteen thousand two hundred fifty fifteen thousand seven hundred thirty dollars, no refund. ".

    And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1140 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1164 and 1213 and returns the same with the recommendation that said bills do pass.

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Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1096, 1133, and 1134 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 the nomination of Lynne Valenti of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Social Services and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and that said appointment be placed on consent calendar.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1002 and HB 1212 and returns the same with the recommendation that said bill and resolution do pass.

Respectfully submitted,
Timothy A. Rave, Vice-Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 5, 70, 71, 115, and 151 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

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MOTIONS AND RESOLUTIONS

    Sen. Maher moved that the Committee on Judiciary be instructed to deliver HB 1100 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion was supported.

    Sen. Vehle moved that the Senate do concur in House amendments to SB 103.

    The question being on Sen. Vehle's motion that the Senate do concur in House amendments to SB 103.

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

    Yeas:
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); Rampelberg; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Peters; Rhoden

    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.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Kevin J. Krull of Meade County, Sturgis, South Dakota, to the Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive appointment of Kevin J. Krull pursuant to the executive message as found on page 219 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

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

    The Senate proceeded to the consideration of the executive reappointment of Stacy Phelps of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education.

    The question being "Does the Senate advise and consent to the executive reappointment of Stacy Phelps pursuant to the executive message as found on page 420 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

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

    The Senate proceeded to the consideration of the executive reappointment of David R. Nelson of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive reappointment of David R. Nelson pursuant to the executive message as found on page 219 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

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

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    The Senate proceeded to the consideration of the executive reappointment of Kay F. Nikolas of Roberts County, Sisseton, South Dakota, to the South Dakota Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive reappointment of Kay F. Nikolas pursuant to the executive message as found on page 218 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

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

    The Senate proceeded to the consideration of the executive reappointment of Doyle D. Estes of Pennington County, Hill City, South Dakota, to the South Dakota Lottery Commission.

    The question being "Does the Senate advise and consent to the executive reappointment of Doyle D. Estes pursuant to the executive message as found on page 396 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

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

    The Senate proceeded to the consideration of the executive reappointment of Kenneth D. Albers of Lincoln County, Canton, South Dakota, to the South Dakota Board of Pardons and Paroles.

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    The question being "Does the Senate advise and consent to the executive reappointment of Kenneth D. Albers pursuant to the executive message as found on page 192 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1154: FOR AN ACT ENTITLED, An Act to authorize the commissioner of school and public lands to grant certain surface and subsurface easements to provide access to oil, gas, minerals, and geothermal resources.

    Was read the second time.

    The question being "Shall HB 1154 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

    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 1163: FOR AN ACT ENTITLED, An Act to authorize farm mutual insurers to invest funds in certain stocks and market funds.

    Was read the second time.

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    The question being "Shall HB 1163 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

    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

    Sen. Rave moved that HB 1045, 1019, 1099, and 1148 be placed to follow HB 1132 on today's calendar.

    Which motion prevailed.

    HB 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to nonresident waterfowl licenses.

    Was read the second time.

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

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

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

    Nays:
Monroe; Omdahl

    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.

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    HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application of railroad tax credits.

    Was read the second time.

    The question being "Shall HB 1058 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

    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 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the definition of a resident for the purposes of hunting, fishing, and trapping licenses.

    Was read the second time.

    The question being "Shall HB 1110 pass?"

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

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

    Nays:
Krebs; Otten (Ernie)

    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 1069: FOR AN ACT ENTITLED, An Act to revise the maximum redemption fee for property tax deeds.

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    Was read the second time.

1069ra

    Sen. Kirkeby moved that HB 1069 be amended as follows:

    On page 1, line 8, of the House Taxation Committee engrossed bill, delete "five" and insert "three".

    Which motion prevailed.

    The question being "Shall HB 1069 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 3, Excused 0, Absent 0

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

    Nays:
Jensen; Maher; Rhoden

    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. Peters moved that the Senate do now recess until 3:20 p.m., which motion prevailed and at 2:58 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 3:20 p.m., the President presiding.

    HB 1081: FOR AN ACT ENTITLED, An Act to revise the computation of the promotional fee on wheat.

    Was read the second time.

    The question being "Shall HB 1081 pass?"

    And the roll being called:

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    Yeas 32, Nays 3, Excused 0, Absent 0

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

    Nays:
Brown; Buhl O'Donnell; Peters

    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 1033: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the open enrollment application review process of siblings of open enrolled students.

    Was read the second time.

1033sa

    Sen. Welke moved that HB 1033 be amended as follows:

    On page 1, line 13, of the House Education Committee engrossed bill, after "received" delete "unless" and insert ". However, if".

    On page 1, line 15, before "." insert ", that student's application shall take priority over all other applications the district has received consistent with § 13-28-44".

    Which motion prevailed.

    The question being "Shall HB 1033 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

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

    Nays:
Lucas; Monroe

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    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 1050: FOR AN ACT ENTITLED, An Act to revise certain enforcement actions by the insurance director.

    Was read the second time.

    The question being "Shall HB 1050 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

    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 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the billboard permitting process.

    Was read the second time.

    The question being "Shall HB 1036 pass?"

    And the roll being called:

    Yeas 31, Nays 4, Excused 0, Absent 0

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

    Nays:
Jensen; Monroe; Peters; Rhoden

    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.

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    HB 1054: FOR AN ACT ENTITLED, An Act to establish consumer protection standards regarding certain insurance claim practices and to provide for certain penalties.

    Was read the second time.

    The question being "Shall HB 1054 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

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

    Nays:
Frerichs; Maher

    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 1077: FOR AN ACT ENTITLED, An Act to enact the Uniform Real Property Transfer on Death Act.

    Was read the second time.

    The question being "Shall HB 1077 pass?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
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); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Omdahl

    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.

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    HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to preliminary hearings for persons charged with class 1 misdemeanors.

    Was read the second time.

    The question being "Shall HB 1119 pass?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
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); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Omdahl

    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 1030: FOR AN ACT ENTITLED, An Act to provide for the confidentiality of certain evaluation data.

    Was read the second time.

    The question being "Shall HB 1030 pass?"

    And the roll being called:

    Yeas 31, Nays 4, Excused 0, Absent 0

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

    Nays:
Begalka; Holien; Jensen; Omdahl

    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.

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    HB 1126: FOR AN ACT ENTITLED, An Act to revise the persons authorized to countersign school board payments.

    Was read the second time.

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

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

    Yeas:
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); Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Omdahl; Peters

    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 1167: FOR AN ACT ENTITLED, An Act to allow schools to maintain a stock and to administer epinephrine auto-injectors in certain cases.

    Was read the second time.

    The question being "Shall HB 1167 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
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

    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 1104: FOR AN ACT ENTITLED, An Act to allow local governing bodies to require the payment for certain goods and services by electronic transaction.

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    Was read the second time.

    The question being "Shall HB 1104 pass?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
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

    Nays:
Begalka

    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 1168, 1192, 1159, 1180, 1123, 1201, 1087, 1120, 1013, 1078, 1150, 1184, 1106, 1132, 1045, 1019, 1099, and 1148 and HJR 1001 be deferred to Tuesday, March 4, the 30^th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 5: FOR AN ACT ENTITLED, An Act to permit the court reciprocal discretion to hear certain petitions for protection orders due to domestic abuse and for protection orders due to stalking or physical injury.

    SB 70: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2013.

    SB 71: FOR AN ACT ENTITLED, An Act to allow the contract for the publication of the codified laws to be extended for more than one year.

    SB 115: FOR AN ACT ENTITLED, An Act to provide for travel insurance and regulate travel insurance retailers.

    SB 151: FOR AN ACT ENTITLED, An Act to revise the appointment process for the State Veterans Home superintendent.

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    HB 1012: FOR AN ACT ENTITLED, An Act to provide for free resident fishing licenses for certain entities teaching basic fishing skills.

    HB 1014: FOR AN ACT ENTITLED, An Act to increase the nonrefundable application fee for resident bighorn sheep, mountain goat, and elk licenses.

    HB 1015: FOR AN ACT ENTITLED, An Act to create an equitable process to handle water right applications submitted for aquifers determined to be fully appropriated by the Water Management Board.

    HB 1028: FOR AN ACT ENTITLED, An Act to revise the amount counties may be reimbursed for the detainment of parole violators.

    HB 1029: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the Richard Hagen-Minerva Harvey memorial scholarship program.

    HB 1061: FOR AN ACT ENTITLED, An Act to include limited liability companies in certain provisions regarding the licensing of boats and motor vehicles and certain provisions regarding the dealers and manufacturers of certain vehicles, manufactured homes, and mobile homes.

    HB 1073: FOR AN ACT ENTITLED, An Act to provide for the cancellation of expired mechanic's and materialman's liens.

    HB 1079: FOR AN ACT ENTITLED, An Act to authorize certain lighting on vehicles operated by ambulance service personnel.

    HB 1108: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding employment strikes and lockouts.

    HB 1125: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding judicial remedies.

    HB 1152: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning registration of limited partnerships.

    HB 1156: FOR AN ACT ENTITLED, An Act to allow the transmission of electronic documents related to insurance policies.

    HB 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to false statements pertaining to aircraft registration and associated penalties.

    HB 1181: FOR AN ACT ENTITLED, An Act to allow for the requirement of a certification of health from an employee of a school.

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    HB 1198: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of medical treatment for individuals with mental illness.

    And signed the same in the presence of the Senate.

    Sen. Soholt moved that the Senate do now adjourn, which motion prevailed and at 4:19 p.m. the Senate adjourned.