JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 5, 2014

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate pages Seth Miller and Karina Noem.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirtieth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 5, 70, 71, 115, and 151 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., March 5, 2014.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SJR 1 and SB 9, 27, 31, 32, 69, 75, 77, 82, 84, 97, 102, 124, and 186 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1025 and 1046 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1038 and 1206 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 1039 and returns the same with the recommendation that said bill be amended as follows:

1039na

On page 1, line 8, of the printed bill, delete "2017" and insert "2015".

On page 1, line 13, delete "2017" and insert "2015".

On page 2, line 3, delete "2017" and insert "2015".

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 1041 and returns the same with the recommendation that said bill be amended as follows:

1041ha

On page 1, line 4, of the printed bill, delete "one" and insert "seven".

On page 1, line 5, delete "($1,200,000)" and insert "($7,200,000)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration the nomination of James E. Putnam of Armour, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1158 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HCR 1028 and returns the same with the recommendation that said resolution be amended as follows:

c1028ya

On the printed resolution, delete everything after the first WHEREAS, and insert:

", on March 23, 2010, Congress passed the Patient Protection and Affordable Care Act, also referred to as the ACA, through a partisan effort without gaining a single Republican vote; and

WHEREAS, since the ACA's inception, the State of South Dakota has consistently opposed the ACA due to the adverse consequences it has on the state and its constituents, and numerous state officials have called on Congress to repeal ACA; and

WHEREAS, on March 23, 2010, the South Dakota attorney general joined Florida and twelve other states in a lawsuit to rule on the ACA as unconstitutional and defended that argument to the Supreme Court of the United States of America on September 28, 2011; and

WHEREAS, the costs of implementing the ACA total nearly $1.8 trillion over the next 10 years and are only expected to exceed estimates, thus further compounding the national debt. The federal government seeks to offset these costs by imposing new taxes and penalties; and

WHEREAS, financial impact and overall feasibility remain questionable as phases of implementation remain costly, chaotic, and unpredictable, while contributing to increasing federal regulation and bureaucratic control; and

WHEREAS, Congress possesses the power to repeal the ACA and its funding souces:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the state and its constituents to support every effort by the delegates in Congress to repeal and defund the Patient Protection and Affordable Care Act of 2010."

c1028yta

On page 1, line 1, of the printed resolution, delete everything after "," and insert "Urging Congress to repeal and defund the Patient Protection and Affordable Care Act.".

And that as so amended said resolution be concurred in.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1162 and returns the same with the recommendation that said bill be amended as follows:

1162ya

On page 3 of the House Judiciary Committee engrossed bill, delete lines 15 to 24, inclusive.

On page 4, delete lines 1 to 3, inclusive.

1162je

On page 2, delete lines 9 to 17, inclusive, and insert "so, whether the mother is seeking an abortion due to the sex of the unborn child.".

On page 3, delete lines 4 to 14, inclusive, and insert

"(b) What type of sex-determining test the pregnant mother used; and

And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HCR 1031 and returns the same with the recommendation that said resolution be concurred in.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SCR 6 and returns the same with the recommendation that said resolution be amended as follows:

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On page 2 of the printed resolution, delete lines 16 to 19, inclusive.

On page 3, delete lines 10 to 12, inclusive, and insert "for all those affected to come together to resolve these issues for the betterment of their communities and South Dakota.".

And that as so amended said resolution be adopted.

Also MR. PRESIDENT:

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

1142oa

On page 1, line 7, of the House State Affairs Committee engrossed bill, after "institute" insert "and other career and technical education purposes".

On page 2, line 1, after "institute" insert "and other career and technical education purposes".

On page 2, line 10, after "institute" insert "and other career and technical education purposes".

On page 3, line 3, after "LEA" insert ", which shall be an LEA and a public body under chapter 1-16A. Upon establishment of such a separate LEA, the school district shall assign to, and the newly established separate LEA shall expressly assume, all rights, covenants and obligations of the school district in connection with any lease purchase agreement or sublease authorized under §§ 13-39-66 to 13-39-71, inclusive, and any and all instruments and other agreements related thereto".

On page 3, delete line 5, and insert "in excess of nineteen million four hundred twenty-four thousand five hundred eighty-six dollars available as a result of the".

On page 4, after line 2, insert:

"Section 12. That § 1-16A-95 be amended to read as follows:

1-16A-95. Beginning on July 1, 2013, the issuance of any additional bonds, notes, or other obligations of the authority which are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of Education under the authority of chapter 13-39 shall be approved by the Legislature before issuance. This requirement, however, does not apply to the issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other obligations.

Section 13. 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.".

1142yb

On page 3, between lines 8 and 9 of the House State Affairs Committee engrossed bill, insert:

"Section 7. The postsecondary technical institutes facilities fund shall be terminated and the balance transferred to the postsecondary technical institute equipment fund provided the collateral requirements associated with the postsecondary technical institute facilities fund have been released or satisfied.".

1142ytc

On page 1, delete line 2, of the House State Affairs Committee engrossed bill, and insert "institutes, to make an appropriation therefor, 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 HB 1177 and returns the same with the recommendation that said bill be amended as follows:

1177og

On page 2, line 24, of the House Judiciary Committee engrossed bill, after "exclusive" insert "governmental".

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 HCR 1027 which was tabled.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1069 and has appointed Reps. Johns, Haggar (Don), and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Also MR. PRESIDENT:

I have the honor to return herewith SB 9, 27, 31, 32, 69, 75, 77, 82, 84, 97, 102, 124, 186 and SJR 1 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, March 6, the 32^nd legislative day.

Which motion prevailed.

Sen. Otten (Ernie) moved that the Senate do concur in House amendments to SB 63.

The question being on Sen. Otten's (Ernie) motion that the Senate do concur in House amendments to SB 63.

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

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

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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. Soholt moved that the Senate do concur in House amendments to SB 182.

The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 182.

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Begalka; 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:
Bradford

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.

HCR 1021: A CONCURRENT RESOLUTION, Urging the United States Department of Agriculture to withdraw certain rules imperiling the South Dakota livestock industry.

Was read the second time.

Sen. Bradford moved that the Senate do concur in HCR 1021 as found on page 488 of the House Journal.

The question being on Sen. Bradford's motion that HCR 1021 be concurred in.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1021 was concurred in.

HCR 1022: A CONCURRENT RESOLUTION, Concerning U.S. EPA-proposed greenhouse gas emission standards for new and existing fossil-fueled power plants.

Was read the second time.

Sen. Rampelberg moved that the Senate do concur in HCR 1022 as found on page 499 of the House Journal.

The question being on Sen. Rampelberg's motion that HCR 1022 be concurred in.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1022 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on HB 1143 as found on page 529 of the Senate Journal; also

Judiciary on HB 1100 as found on page 529 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Maher moved that HB 1100 be placed on today's calendar to follow HJR 1002.

The question being on Sen. Maher's motion that HB 1100 be placed on today's calendar to follow HJR 1002.

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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1100 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1118: FOR AN ACT ENTITLED, An Act to clarify certain provisions about discharging firearms in safety zones.

Was read the second time.

The question being "Shall HB 1118 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1199: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding family law.

Was read the second time.

The question being "Shall HB 1199 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1164, 1213, 1045, 1019, 1099, 1148, 1111, and 1112 be placed to follow HB 1129 on today's calendar.

Which motion prevailed.

HJR 1002: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to legislative term limits.

Was read the second time.

j1002ja

Sen. Frerichs moved that HJR 1002 be amended as follows:

On the printed resolution, delete everything after the BE IT RESOLVED clause and insert:

"Section 1. That at the next general election held in the state, the following amendment to Article III of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

Section 2. That Article III of the Constitution of the State of South Dakota, be amended by adding a NEW SECTION to read as follows:

§ 33. All legislative districts shall be single member districts."

Which motion lost.

j1002ra

Sen. Curd moved that HJR 1002 be amended as follows:

On page 1, line 12, of the printed resolution, after "members" insert "of the House of Representatives".

On page 1, line 12, after "years;" insert "the terms of office of the members of the Senate shall be four years;".

Which motion lost.

The question being "Shall HJR 1002 pass?"

And the roll being called:

Yeas 12, Nays 23, Excused 0, Absent 0

Yeas:
Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Lederman; Maher; Monroe; Novstrup (Al); Rampelberg; Tieszen; Vehle

Nays:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Jones (Tom); Kirkeby; Krebs; Lucas; Omdahl; Otten (Ernie); Peters; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Van Gerpen; Welke; White

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

HB 1100: FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo radar speed detection systems and of certain photo monitoring devices to detect red light violations.

Was read the second time.

1100rc

Sen. Maher moved that HB 1100 be amended as follows:

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

"Section 1. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as follows:

No state, county, municipal, or township authority may contract with any private corporation to provide for the use of any photo monitoring device to detect any red light violation.

Section 2. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this Act, the term, photo monitoring device, means a stationary, unmanned device used with a lighted traffic control device to detect a red light violation combined with a photographic identification of the vehicle which results in the issuance of a citation against the registrant, rather than the driver, of the vehicle.

Section 3. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as follows:

This Act constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2."

Which motion prevailed.

The question being "Shall HB 1100 pass as amended?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Hunhoff (Jean); Jones (Chuck); Lucas; Monroe; Omdahl; Otten (Ernie); Soholt; Tidemann; Vehle

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.

1100rta

Sen. Maher moved that the title to HB 1100 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "use" .

On page 1, line 2, delete "systems and".

Which motion prevailed and the title was so amended.

HB 1184: FOR AN ACT ENTITLED, An Act to declare the fourth Saturday in July Day of the American Cowboy.

Was read the second time.

The question being "Shall HB 1184 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 25 of the Constitution of the State of South Dakota, relating to the authorization of roulette, keno, and craps in the City of Deadwood.

Was read the second time.

The question being "Shall HJR 1001 pass?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Maher; Peters; Rampelberg; Rave; Soholt; Solano; Sutton; Tidemann; Vehle; Welke; White

Nays:
Begalka; Jensen; Lucas; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Rhoden; Tieszen; Van Gerpen

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

There being no objection, the Senate proceeded to Order of Business No. 15.

ANNOUNCEMENTS

The President announced Sens. Vehle, Kirkeby, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1069.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

HB 1087: FOR AN ACT ENTITLED, An Act to change how rural fire protection districts conduct elections.

Was read the second time.

The question being "Shall HB 1087 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1096: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the challenging of certain election petitions.

Was read the second time.

The question being "Shall HB 1096 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Buhl O'Donnell; Frerichs; Jones (Tom); Welke

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

HB 1113: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

Was read the second time.

The question being "Shall HB 1113 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Lucas

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.

HB 1165: FOR AN ACT ENTITLED, An Act to adopt the Uniform Deployed Parents Custody and Visitation Act.

Was read the second time.

The question being "Shall HB 1165 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 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 second time.

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Sen. Jensen moved that HB 1229 be amended as follows:

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

"Section 1. The state reserves to itself the entire field of regulation, within the geographical boundaries of the state, of all arms and weapons, including the possession, use, discharge, transportation, purchase, acquisition, sale, transfer, ownership, manufacture, taxation, and repair of firearms, ammunition, and their components.

Section 2. That § 7-18A-36 be amended to read as follows:

7-18A-36. No county may pass any ordinance, regulation, or executive order, or take any other action, that restricts possession, use, discharge in accordance with § 22-5-9, transportation, purchase, acquisition, sale, transfer, ownership, manufacture, taxation, or repair of firearms or ammunition or their components. Any ordinances, regulations, or executive orders prohibited by this section are null and void.

Section 3. That § 8-5-13 be amended to read as follows:

8-5-13. No township may pass any ordinance, regulation, or executive order, or take any other action, that restricts possession, use, discharge in accordance with § 22-5-9, transportation, purchase, acquisition, sale, transfer, ownership, manufacture, taxation, or repair of firearms or ammunition or their components. Any ordinances, regulation, or executive orders prohibited by this section are null and void.

Section 4. That § 9-19-20 be amended to read as follows:

9-19-20. No municipality may pass any ordinance, regulation, or executive order, or take any other action, that restricts possession, use, discharge in accordance with § 22-5-9, transportation, purchase, acquisition, sale, transfer, ownership, manufacture, taxation, or repair of firearms or

ammunition or their components. Any ordinances, regulations, or executive orders prohibited by this section are null and void.

Section 5. Notwithstanding the provisions of § 7-18A-36 or 9-19-20, counties and municipalities may enact zoning ordinances to regulate the manufacture of arms and ammunition, pursuant to chapter 11-4, if such regulation does not restrict or hamper the manufacture more than any other comparable industry within the county or municipality.

Section 6. Notwithstanding the provisions of § 7-18A-36, 8-5-13, or 9-19-20, counties, townships, and municipalities may enact ordinances, rules, and regulations governing the use or possession of arms by individuals directly employed as government officials while acting within the course and scope of their official duties.

Section 7. Notwithstanding the provisions of § 7-18A-36, 8-5-13, or 9-19-20, counties, townships, and municipalities may enact ordinances, rules, and regulations relative to arms only to the extent expressly authorized by state law.

Section 8. Any person, entity, or organization adversely affected by any governmental enactment or action in violation of § 7-18A-36, 8-5-13, or 9-19-20 may file a lawsuit against the governmental entity for any actual damages, declaratory relief, injunctive relief, or civil rights violations. If the governmental enactment or action was a discretionary determination by one or more individuals, those individuals may be named as parties to the action as well and may not rely on any claim of sovereign immunity for purposes of the action. If the court issues any injunction or grants any declaratory or other relief against a governmental entity in any such suit, the court shall also award to the nongovernmental party reasonable attorney's fees and all court costs associated with the action.

Section 9. Pursuant to the sovereignty of this state and the restrictions imposed by the Constitution of the United States on the federal government, all federal laws, ordinances, rules, regulations, executive orders, or enactments relative to the rights of citizens, residents, and civilians within this state concerning or relating in any way to arms or the power of this state to exclusively regulate the entire field of arms within the geographical boundaries of this state are hereby declared to be unconstitutional and are therefore null and void. The entire field of arms includes the possession, use, discharge, transportation, purchase, acquisition, sale, transfer, ownership, manufacture, taxation, and repair of firearms, ammunition, and their components.

Any person, entity, or organization adversely affected by any governmental enactment or action in violation of this section may file a lawsuit against the governmental entity for any actual damages, declaratory relief, injunctive relief, or civil rights violations. If the governmental enactment or action was a discretionary determination by one or more individuals, those individuals may be named as parties to the action as well and may not rely on any claim of sovereign immunity for purposes of the action. If the court issues any injunction or grants any declaratory or other relief against a governmental entity in any such suit, the court shall also award to the nongovernmental party reasonable attorney's fees and all court costs associated with said action."

The President ruled that the amendment is not germane to the subject matter in the title of the bill pursuant to JR 5-14.

Sen. Jensen moved to appeal the ruling of the President.

Which motion was not supported.

The question being "Shall HB 1229 pass?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Begalka; Ewing; Holien; Jensen; Monroe; Omdahl; Otten (Ernie); Solano; 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.

Sen. Rave moved that HB 1129, 1164, 1213, 1045, 1019, 1099, 1148, 1111, and 1112 be deferred to Thursday, March 6, the 32^nd legislative day.

Which motion prevailed.

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1033, 1054, and 1185.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 9: FOR AN ACT ENTITLED, An Act to revise provisions related to the Interim Appropriations Committee.

SB 27: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

SB 31: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians who have complied with the requirements of the recruitment assistance program and to declare an emergency.

SB 32: FOR AN ACT ENTITLED, An Act to revise previous appropriations for National Guard armory construction, to make an appropriation for a land purchase adjacent to the Watertown armory, and to declare an emergency.

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment.

SB 75: FOR AN ACT ENTITLED, An Act to prohibit local governments from enacting, maintaining, or enforcing regulations on certain dog breeds.

SB 77: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding county prisoners.

SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning purchases, sales, and contracts made by public officers with the state or its political subdivisions and to revise certain provisions concerning agreements or other transactions of the South Dakota Housing Development Authority.

SB 84: FOR AN ACT ENTITLED, An Act to update certain statutes relating to notification of certain transfers.

SB 97: FOR AN ACT ENTITLED, An Act to revoke professional or trade licensure obtained through false degrees.

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.

SB 124: FOR AN ACT ENTITLED, An Act to revise certain reimbursement provisions relating to legislators-elect and newly appointed legislators.

SB 186: FOR AN ACT ENTITLED, An Act to revise certain electronic driver license renewal requirements and to authorize electronic upgrades of restricted minor's permits.

SJR 1: A JOINT RESOLUTION, Making formal application to Congress to lawfully recognize the ratification of the 26^th amendment of the United States Constitution, which ensures the right to vote to all citizens over the age of eighteen.

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

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

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

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

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

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

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.

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.

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

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

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.

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

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

And signed the same in the presence of the Senate.

Sen. Tidemann moved that the Senate do now adjourn, which motion prevailed and at 4:38 p.m. the Senate adjourned.

Jeannette Schipper, Secretary