JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 11, 2014

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

The prayer was offered by the Chaplain, Father Kristopher Cowles, followed by the Pledge of Allegiance led by Senate page Noah Brown.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-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,

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 11, 2014

Dear Mr. President and Members of the Senate:

I am returning to you Senate Bill 98 with my VETO. Senate Bill 98 is entitled, "An Act to allow certain municipalities to charge a higher occupational tax."

Senate Bill 98 is a fifty percent tax increase. It allows business improvement districts in Deadwood to increase the hotel occupancy tax on rented lodging from $2 to $3 per night. Local officials clearly intend to increase this tax if they are allowed to do so.

The property tax opt-out already allows local officials to raise additional tax revenues. I do not support expanding the ability of local governments to raise taxes, especially when such a raise cannot be referred to a public vote.

In my first State of the State Address, I said, "A recession is the worst time to raise taxes, and if you send me a bill to raise taxes, I will veto it." South Dakota has recovered from the recession, but I continue to believe that it is a mistake to raise state taxes, or to make it easier to raise local taxes. For that reason, I oppose this bill and I ask that you sustain my veto.

Respectfully Submitted,
Dennis Daugaard
Governor

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 1, 23, 25, 99, and 176 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 13, 16, 17, 36, 85, 118, and 181 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Yesterday, Sen. Kirkeby announced his intention to reconsider the vote by which HB 1169 lost.

Sen. Kirkeby moved that the Senate do now reconsider the vote by which HB 1169 lost.

The question being on Sen. Kirkeby's motion to reconsider the vote by which HB 1169 lost.

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Bradford; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Kirkeby; Krebs; Monroe; Rampelberg; Tieszen; Welke

Nays:
Begalka; Brown; Curd; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Lederman; Lucas; Maher; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Van Gerpen; Vehle; White

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

Yesterday, Sen. Hunhoff (Jean) announced her intention to reconsider the vote by which HB 1025 lost.

Sen. Hunhoff (Jean) moved that the Senate do now reconsider the vote by which HB 1025 lost.

The question being on Sen. Hunhoff's (Jean) motion to reconsider the vote by which HB1025 lost.

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Ewing; Maher; Monroe; Omdahl; Otten (Ernie); Rhoden

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1025 was up for reconsideration and final passage.

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain statutes and administrative rules regarding licensure of nursing facility administrators and to increase certain fees.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1025 pass as amended?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Curd; Ewing; Maher; Monroe; Omdahl; Otten (Ernie); Peters; Rhoden; Soholt

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.

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

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

And the roll being called:

Yeas 33, Nays 1, 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; Lucas; Maher; Monroe; Novstrup (Al); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; Welke; White

Nays:
Omdahl

Excused:
Van Gerpen

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

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Stanley Porch of Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Stanley Porch pursuant to the executive message as found on page 506 of the Senate Journal?"

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; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Rave

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 CONFERENCE COMMITTEES

Sen. Vehle moved that the report of the Conference Committee on HB 1069 as found on page 586 of the Senate Journal be adopted.

The question being on Sen. Vehle's motion that the report of the Conference Committee on HB 1069 be adopted.

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); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Maher; Peters; Rave; Rhoden

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on HB 1040 as found on page 581 of the Senate Journal; also

State Affairs on HB 1194 as found on page 583 of the Senate Journal; also

State Affairs on HB 1203 as found on page 585 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of James J. Breckenridge of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

The question being "Does the Senate advise and consent to the executive appointment of James J. Breckenridge pursuant to the executive message as found on page 568 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 appointment confirmed.

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 adopted the report of the Conference Committee on HB 1069.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 106 was tabled.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1177 and has appointed Reps. Gosch, Cronin, and Peterson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Arlene Kvislen, Chief Clerk

The President announced Sens. Vehle, Tieszen, and Omdahl 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 1177.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Rave moved that HB 1040, 1085, 1145, 1041, 1142, 1175, 1213, 1045, and 1111 be placed to follow HB 1112 on today's calendar.

Which motion prevailed.

HB 1249: FOR AN ACT ENTITLED, An Act to revise the required hours in a school term for certain grade levels.

Was read the second time.

The question being "Shall HB 1249 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.

HB 1122: FOR AN ACT ENTITLED, An Act to define the limitations of interstate compacts relating to the collection of civil fines.

Was read the second time.

The question being "Shall HB 1122 pass as amended?"

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; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Lucas

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 1194: FOR AN ACT ENTITLED, An Act to establish certain requirements relating to the crossings of railroad rights-of-way by utilities.

Was read the second time.

The question being "Shall HB 1194 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.

HB 1203: FOR AN ACT ENTITLED, An Act to improve the financial practices of the State of South Dakota.

Was read the second time.

The question being "Shall HB 1203 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.

HB 1038: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety to build a highway patrol office and motorcycle training facility in Rapid City, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1038 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; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Maher

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.

Sen. Rave moved that HB 1206 be placed to follow HB 1112 on today's calendar.

Which motion prevailed.

HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school board opening day decision petitions.

Was read the second time.

The question being "Shall HB 1164 pass as amended?"

And the roll being called:

Yeas 17, Nays 18, Excused 0, Absent 0

Yeas:
Begalka; Brown; Curd; Frerichs; Heineman (Phyllis); Jensen; Lederman; Monroe; Novstrup (Al); Omdahl; Peters; Rampelberg; Rave; Soholt; Solano; Tidemann; Tieszen

Nays:
Bradford; Buhl O'Donnell; Ewing; Holien; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lucas; Maher; Otten (Ernie); Rhoden; Sutton; Van Gerpen; Vehle; Welke; White

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

Sen. Peters announced her intention to reconsider the vote by which HB 1164 lost.

HB 1019: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the requirements for postsecondary institutions to participate in a multistate state authorization reciprocity agreement for distance education activities.

Was read the second time.

The question being "Shall HB 1019 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.

HB 1099: FOR AN ACT ENTITLED, An Act to revise the membership of the State Investment Council.

Was read the second time.

The question being "Shall HB 1099 pass?"

And the roll being called:

Yeas 16, Nays 19, Excused 0, Absent 0

Yeas:
Brown; Curd; Holien; Jones (Chuck); Krebs; Lederman; Monroe; Novstrup (Al); Otten (Ernie); Rave; Rhoden; Soholt; Solano; Tidemann; Vehle; White

Nays:
Begalka; Bradford; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Jensen; Jones (Tom); Kirkeby; Lucas; Maher; Omdahl; Peters; Rampelberg; Sutton; Tieszen; Van Gerpen; Welke

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

HB 1148: FOR AN ACT ENTITLED, An Act to provide a license for certain businesses to allow patrons to manufacture malt beverages and wines on the licensed premises for personal use.

Was read the second time.

The question being "Shall HB 1148 pass?"

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; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; Welke; White

Excused:
Van Gerpen

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 1112: FOR AN ACT ENTITLED, An Act to appropriate general funds and higher education facility funds to replace a portion of the other funds appropriated for the construction of swine teaching and research facilities at South Dakota State University and to declare an emergency.

Was read the second time.

The question being "Shall HB 1112 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Curd; Ewing; Maher; Monroe

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.

Sen. Rave moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 12:00 p.m., the Senate recessed.

The Senate reconvened at 2:47 p.m., the President presiding.

Sen. Rave moved that the bills be placed in the following order on this afternoon's calendar: HB 1213, 1041, 1045, 1175, 1142, 1040, 1145, 1206, 1111, and 1085.

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 21, 22, 24, 63, 87, 104, 122, 154, 161, and 182 were delivered to his Excellency, the Governor, for his approval at 10:12 a.m., March 11, 2014.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 3, 7, 13, 16, 17, 36, 85, 118, 163, 181, and 183 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 44 was tabled.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1127.

Respectfully,
Arlene Kvislen, Chief Clerk

There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Rave moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Wednesday, March 12, the 35^th legislative day.

Which motion prevailed.

Earlier today, Sen. Peters announced her intention to reconsider the vote by which HB 1164 lost.

Sen. Peters moved that the Senate do now reconsider the vote by which HB 1164 lost.

The question being on Sen. Peters' motion to reconsider the vote by which HB 1164 lost.

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

Yeas:
Begalka; Curd; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Kirkeby; Lederman; Monroe; Novstrup (Al); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

Nays:
Bradford; Brown; Buhl O'Donnell; Ewing; Jones (Chuck); Jones (Tom); Krebs; Lucas; Maher; Otten (Ernie); Van Gerpen; Welke

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1164 was up for reconsideration and final passage.

HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school board opening day decision petitions.

Having had its second reading was up for reconsideration and final passage.

Sen. Peters moved that HB 1164 be amended as follows:

On page 1, line 9, of the House Local Government Committee engrossed bill, after "election" insert ", for districts with more than five thousand registered voters. Petitions in districts with less than five thousand registered voters must be signed by five percent of the total number of registered voters at the last preceding general election".

Which motion prevailed.

The question being "Shall HB 1164 pass as amended?"

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

Yeas:
Begalka; Curd; Frerichs; Heineman (Phyllis); Jensen; Kirkeby; Lederman; Monroe; Novstrup (Al); Omdahl; Peters; Rave; Rhoden; Soholt; Solano; Tidemann; Tieszen; Vehle; White

Nays:
Bradford; Brown; Buhl O'Donnell; Ewing; Holien; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Krebs; Lucas; Maher; Otten (Ernie); Rampelberg; Sutton; Van Gerpen; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1213: FOR AN ACT ENTITLED, An Act to analyze and promote economic development for South Dakota's Native American population and to establish a task force.

Was read the second time.

Sen. Rave moved that HB 1213 be amended as follows:

On page 3 of the House Taxation Committee engrossed bill, delete lines 1 to 5, inclusive, and insert:

"Section 4. The task force shall be under the supervision of the Office of the Governor and staffed as determined by the Governor. The Governor shall designate the chair and the vice chair of the task force.".

On page 3, line 15, delete everything before "not" and insert "to the Governor and the Legislature".

On page 3, line 16, delete "Executive Board of".

On page 3, line 17, delete everything before "no" and insert "Governor and the Legislature".

Which motion prevailed.

The question being "Shall HB 1213 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.

HB 1041: FOR AN ACT ENTITLED, An Act to make an appropriation for the railroad trust fund and to declare an emergency.

Was read the second time.

Sen. Sutton moved that HB 1041 be amended as follows:

On page 1, line 4, of the Senate Appropriations Committee engrossed bill, delete "general fund" and insert "property tax reduction fund".

Which motion lost.

The question being "Shall HB 1041 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Begalka; Bradford; Brown; 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:
Buhl O'Donnell

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 1045: FOR AN ACT ENTITLED, An Act to revise unemployment insurance contribution rates.

Was read the second time.

The question being "Shall HB 1045 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 1175: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expand university facilities at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The President deferred action on HB 1175 pending an amendment to correct language in the engrossed bill.

HB 1142: FOR AN ACT ENTITLED, An Act to enhance the support for public postsecondary technical institutes, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

Sen. White moved that HB 1142 be amended as follows:

On page 3, line 24, of the Senate State Affairs Committee engrossed bill, delete "one dollar ($1)" and insert "two hundred fifty thousand dollars ($250,000)".

On page 4, delete lines 4 to 7, inclusive.

Which motion prevailed.

The question being "Shall HB 1142 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

There being no objection, the Senate proceeded to final action on HB 1175.

Having had its second reading was up for consideration and final passage.

Sen. Soholt moved that HB 1175 be amended as follows:

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

Which motion prevailed.

The question being "Shall HB 1175 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

Sen. Rave moved that HB 1040 be placed to follow 1206 on today's calendar.

Which motion prevailed.

HB 1145: FOR AN ACT ENTITLED, An Act to accommodate legislation on medical services.

Was read the second time.

Sen. Brown moved that HB 1145 be laid on the table.

Sen. Frerichs moved as a substitute motion that HB 1145 be amended as follows:

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

"Section 1. The Department of Social Services shall include in its plan for medical assistance services pursuant to Title XIX of the United States Social Security Act and any amendments thereto a provision for coverage of individuals in South Dakota meeting criteria as specified under section 2001(a) of the Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the Health Care and Education and Reconciliation Act of 2010 (P.L. 111-152).

Section 2. This Act is repealed if the federal medical assistance percentage falls below ninety percent for the expanded population.

Section 3. The Department of Social Services shall provide applicants eligible for Medicaid pursuant to section 1 of this Act with information on job training resources for jobs with average yearly salaries at or above one hundred thirty-eight percent of the federal poverty level.

Section 4. There is hereby appropriated from the Medicaid reserve contingency fund a sum of one million nine hundred five thousand two hundred sixty-nine dollars ($1,905,269), or so much therefor as may be necessary, to the Department of Social Services for the purpose of expanding Medicaid pursuant to section 1 of this Act. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2015, shall revert in accordance with the procedures prescribed in chapter 4-8."

The President ruled the substitute motion out-of-order pursuant to JR 7-16 and 7-17.

The question being on Sen. Brown's motion that HB 1145 be laid on the table.

And the roll being called:

Yeas 28, Nays 7, Excused 0, Absent 0

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

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

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

HB 1206: FOR AN ACT ENTITLED, An Act to authorize the payment of lease rental obligations to the South Dakota Building Authority by the Bureau of Finance and Management, to make an appropriation therefore, and to declare an emergency.

Was read the second time.

Sen. Peters moved that HB 1206 be amended as follows:

On page 4 of the House engrossed bill, delete lines 1 to 3, inclusive.

Which motion prevailed.

The question being "Shall HB 1206 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl O'Donnell

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 1040: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2014.

Was read the second time.

Sen. Sutton moved that HB 1040 be amended as follows:

On page 45, line 18, of the Senate Appropriations Committee engrossed bill, delete "$3,498,978" and insert "$3,098,978".

Sen. Sutton moved that HB 1040 be amended as follows:

On page 27, line 22, of the Senate Appropriations Committee engrossed bill, delete "$6,164,976" and insert "$6,234,510".

Which motion lost.

The question being "Shall HB 1040 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Begalka; Brown; 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

Excused:
Bradford; Buhl O'Donnell

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 1111: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the design, construction, and equipping of a veterans home near Hot Springs, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

Sen. Peters moved that HB 1111 be amended as follows:

On page 2 of the printed bill, delete lines 18 to 20, inclusive.

Which motion prevailed.

The question being "Shall HB 1111 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Sutton

Excused:
Buhl O'Donnell

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

The question being on the title.

Sen. Peters moved that the title to HB 1111 be amended as follows:

On page 1, line 2, of the printed bill, after "Hot Springs" delete "," and insert "and".

On page 1, line 3, after "therefor" delete ", and to declare an emergency".

Which motion prevailed and the title was so amended.

HB 1085: FOR AN ACT ENTITLED, An Act to revise certain property tax levies for the general fund of school districts.

Was read the second time.

Sen. Brown moved that HB 1085 be laid on the table.

The question being on Sen. Brown's motion that HB 1085 be laid on the table.

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.

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

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

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1039, 1129, 1143, and 1162 and HCR 1031.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HCR 1028 and has appointed Reps. Russell, Nelson, and Kirschman as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Arlene Kvislen, Chief Clerk

The President announced Sens. Sutton, Lederman, and Tieszen 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 HCR 1028.

SIGNING OF BILLS

The President publicly read the title to

SB 3: FOR AN ACT ENTITLED, An Act to provide for continuity in the judicial review of certain lawsuits, complaints, and petitions between parties to a petition for certain protection orders.

SB 7: FOR AN ACT ENTITLED, An Act to modify the persons eligible for protection from domestic abuse and to revise certain terminology.

SB 13: FOR AN ACT ENTITLED, An Act to make use of hand-held mobile telephones while driving a commercial motor vehicle a serious traffic violation and to update certain references to federal regulations regarding the issuance of commercial driver licenses.

SB 16: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved real property in Brookings County and to make an appropriation therefor.

SB 17: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved real property in the city of Brookings and to make an appropriation therefor.

SB 26: FOR AN ACT ENTITLED, An Act to establish certain electronic crime victim notification procedures.

SB 36: FOR AN ACT ENTITLED, An Act to transfer the functions of the South Dakota Railroad Authority to the South Dakota Railroad Board.

SB 68: FOR AN ACT ENTITLED, An Act to adopt the uniform real property electronic recording act, to use an existing funding source to implement the provisions of this Act, and to revise certain provisions concerning electronic recording.

SB 81: FOR AN ACT ENTITLED, An Act to prohibit the possession of certain items in jails, to provide a penalty therefor, and to revise the penalty for the procurement of certain items into a jail.

SB 85: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confidential criminal justice information.

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

SB 125: FOR AN ACT ENTITLED, An Act to prohibit registered sex offenders from loitering in certain areas.

SB 145: FOR AN ACT ENTITLED, An Act to encourage schools to provide instruction in cardiopulmonary resuscitation.

SB 163: FOR AN ACT ENTITLED, An Act to prohibit a social host from permitting the underage consumption of alcoholic beverages on the social host's premises and to provide penalties therefor.

SB 181: FOR AN ACT ENTITLED, An Act to define vapor products as tobacco products for the purpose of regulating the use of the products by minors and to place certain restrictions on the sale of vapor products.

SB 183: FOR AN ACT ENTITLED, An Act to revise the trust fund requirements for perpetual cemeteries, and to declare an emergency.

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.

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

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

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

HB 1120: FOR AN ACT ENTITLED, An Act to provide for alternative documentation of financial responsibility for vehicles.

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

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

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

HB 1192: FOR AN ACT ENTITLED, An Act to designate the Black Hills Mining Museum in Lead as the official mining museum of South Dakota.

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

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.

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.

And signed the same in the presence of the Senate.

Sen. Bradford moved that the Senate do now adjourn, which motion prevailed and at 5:15 p.m. the Senate adjourned.

Jeannette Schipper, Secretary