JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 13, 2014

The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, John Fette, followed by the Pledge of Allegiance led by Senate page Wynne Wilfahrt.

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-fifth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 3, 7, 13, 16, 17, 26, 36, 68, 81, 85, 118, 125, 145, 163, 181, and 183 were delivered to his Excellency, the Governor, for his approval at 8:50 a.m., March 13, 2014.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Senate has, pursuant to the Governor's veto of SB 98, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 2:00 p.m., March 12, 2014.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 23, 25, 28, 53, 90, 99, 113, 143, 157, 168, 172, and 176 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

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 1164, 1249, 1203, 1194, 1122, 1041, 1175, 1112, and 1040.

Respectfully,
Arlene Kvislen, Chief Clerk

Sen. Rave moved that the Senate do now recess until 10:30 a.m., which motion prevailed and at 9:22 a.m., the Senate recessed.

The Senate reconvened at 10:38 a.m., the President presiding.

SIGNING OF BILLS

The President publicly read the title to

SB 23: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to deceptive trade practices, including unordered property or services, lodging reservation and cancellation, violation penalties, attorney's fees, entry rights for landlords and tenants, debit card theft, and organized retail crime.

SB 25: FOR AN ACT ENTITLED, An Act to establish the procedure to forfeit personal property in child pornography, human trafficking, child solicitation or exploitation cases, and to direct money from the forfeitures.

SB 28: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to mountain pine beetle suppression and to declare an emergency.

SB 53: FOR AN ACT ENTITLED, An Act to make appropriations to fund certain programs and projects that provide economic benefits to South Dakotans and to declare an emergency.

SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the High School Activities Association.

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

SB 113: FOR AN ACT ENTITLED, An Act to revise the minimum suspension requirements for students participating in extracurricular activities.

SB 143: FOR AN ACT ENTITLED, An Act to provide for a civil remedy for a bad faith assertion of patent infringement.

SB 157: FOR AN ACT ENTITLED, An Act to make an appropriation to the building South Dakota fund and to declare an emergency.

SB 168: FOR AN ACT ENTITLED, An Act to authorize criminal background checks for certain officers and employees of the Governor's Office of Economic Development.

SB 172: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to services performed by dental hygienists.

SB 176: FOR AN ACT ENTITLED, An Act to revise the ability of the secretary of the Department of Revenue to reduce or abate taxes.

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.

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.

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.

HB 1039: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

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

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

HB 1127: FOR AN ACT ENTITLED, An Act to provide an exemption for alimony payments in debtor filings.

HB 1129: FOR AN ACT ENTITLED, An Act to prohibit the use of certain explosive targets in the Black Hills Forest Fire Protection District.

HB 1143: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding unemployment insurance benefit eligibility of workers attending approved training.

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.

HB 1162: FOR AN ACT ENTITLED, An Act to prohibit the practice of sex-selective abortions, to establish certain procedures to better ensure that sex-selective abortions are not practiced in South Dakota, and to provide penalties therefor.

And signed the same in the presence of the Senate.

Sen. Rave moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 10:50 a.m., the Senate recessed.

The Senate reconvened at 2:55 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 13, 2014

Mr. President and Members of the Senate:

I have the honor to inform you that on March 13, 2014, I approved Senate Bill 63, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 1 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 1 be amended as follows:

1fe

On page 1, between lines 12 and 13 of the House State Affairs Committee engrossed bill, insert:

"Section 2. That chapter 2-9 be amended by adding thereto a NEW SECTION to read as follows:

The term of each Executive Board is from sine die in the odd-numbered year until sine die in the next succeeding odd-numbered year. During the entire period of each Executive Board's term, it is the governance body of the Legislative Research Council and shall direct and supervise its staff and activities.".

On page 2, line 18, delete "of section 2".

On page 1, line 8, of the House State Affairs Committee engrossed bill, delete "even-numbered" and insert "odd-numbered".

On page 1, line 11, delete "odd-numbered" and insert "even-numbered".

On page 2, after line 18 of the House State Affairs Committee engrossed bill, insert:

"Section 4. That chapter 2-9 be amended by adding thereto a NEW SECTION to read as follows:

The party makeup of the Executive Board members of the House of Representatives, including the ex officio members, shall be proportional to the party makeup of the House of Representatives as a whole. The party makeup of the Executive Board members of the Senate, including the ex officio members, shall be proportional to the party makeup of the Senate as a whole.".

And that the title to SB 1 be amended as follows:

1ftc

On page 1, line 3, of the House State Affairs Committee engrossed bill, before "and" insert "to provide for the year-round governance of the Legislative Research Council by the Executive Board,".

Respectfully submitted,                Respectfully submitted,
David Lust                        Craig Tieszen
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 65 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 65 be amended as follows:

65oa

On page 9 of the House engrossed bill, delete lines 21 to 24, inclusive, and insert:

"Section 21. That § 31-12A-36 be amended to read as follows:

31-12A-36. ~~An additional~~A contiguous area may be annexed or an area withdrawn from a road district by:

(1) Circulation of an initiating petition ~~therefor by the qualified~~ for annexation signed by twenty-five percent of the eligible voters in the ~~new~~ area to be annexed and twenty-five percent of the eligible voters in the existing district, similar to an initiating petition specified in this chapter; or

(2) Circulation of an initiating petition for withdrawal signed by ~~qualified~~ twenty-five percent of the eligible voters in the ~~affected~~ area to be withdrawn and passage of a resolution therefor by the directors of the road district.

Upon receipt of an initiating petition and passage of a resolution by the directors, the area shall be annexed ~~or withdrawn in the same manner as prescribed for creation of a new road project district~~ if a majority of the eligible voters in the area to be annexed and a majority of the eligible voters in the existing area vote in favor of the annexation in the same manner as prescribed for creation of a new road district or the area shall be withdrawn if a majority of the eligible voters in the withdrawing area vote in favor of withdrawal in the same manner as prescribed for creation of a new road district. ".

On page 10, delete lines 1 to 8, inclusive.

Respectfully submitted,                Respectfully submitted,
Brian Gosch                        Mark Kirkeby
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 108 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 108 be amended as follows:

108oc

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

"Section 1. The Department of Human Services and the Department of Labor and Regulation shall jointly conduct a study of services and insurance coverage for the treatment of autism spectrum disorder for children. The study shall include input from families, autism advocacy groups, legislators, state policy leaders, and other stakeholders. The study shall examine:

(1) The issues related to the cost of requiring insurance plans to cover the screening, diagnosis, and treatment of autism spectrum disorder for children, including current autism care services and insurance coverage available in South Dakota;

(2) The availability and certification requirements of service providers;

(3) The accepted treatment protocols and clinical and other outcomes associated with such treatments;

(4) The cost effectiveness of treatments and insurance coverage in surrounding states;

(5) The overall cost per insured for coverage of applied behavior analysis;

(6) The current costs incurred to the state related to autism, including treatment and associated educational costs; and

(7) Other issues as appropriate.

The departments shall submit a report with findings and any recommendations to the Governor and the Legislature no later than November 15, 2014.

Section 2. The Department of Human Services and the Department of Labor and Regulation may contract with a consultant for the study required in section 1 of this Act. The consultant shall have demonstrated expertise in autism spectrum disorder and in evaluating the issues relating to the insurance coverage for the treatment of autism spectrum disorder for children.

Section 3. Any agency of the state or any organization that has a contract with the state shall cooperate with the Department of Human Services and the Department of Labor and Regulation or its consultant for the purpose of providing facts, figures, data, projections and other information needed to complete the study."

And that the title to SB 108 be amended as follows:

108ota

On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "require a study of services and insurance coverage for the treatment of autism spectrum disorder for children.".

On page 1, delete lines 2 and 3.

Respectfully submitted,                Respectfully submitted,
Brock Greenfield                    Timothy Rave
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 158 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 158 be amended as follows:

158fe

On page 2 of the House State Affairs Committee engrossed bill, delete line 24, and insert:

"(1) If the combined cash balance is less than ten percent of the general fund appropriations from the general appropriations act for the prior year, an amount of unobligated cash shall be transferred to the budget reserve fund, so that the combined cash balance equals ten percent of the general appropriations from the general appropriations act for the prior year;

(2) If the combined cash balance is equal to or greater than ten percent of the general fund appropriations from the general appropriations act for the prior year, or there is additional unobligated cash after the provisions in subdivision (1) are satisfied, an amount of unobligated cash shall be transferred to the building South Dakota fund, so that the collective BSDF cash balance does not exceed one percent of the general fund appropriations in the general appropriations act for the previous fiscal year; and

(3) If the collective BSDF cash balance exceeds one percent of the general fund appropriations in the general appropriations act for the previous year, or if there is additional unobligated cash remaining after the transfers in subdivisions (1) and (2), the remaining unobligated cash shall be transferred to the budget reserve fund and property tax reduction fund pursuant to the provisions of §§ 4-7-32 and 4-7-39.

Section 3. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

If the collective BSDF cash balance is less than one half percent of the general fund appropriations in the general appropriations act for the previous fiscal year, the commissioner shall transfer an amount of money from the property tax reduction fund to the building South Dakota fund so that the total of the amount deposited pursuant to this section and section 2 of this Act does not exceed one half percent of the general fund appropriations in the general appropriations act for the previous fiscal year. However, the combined cash balance may not be reduced to less than ten percent of the general fund appropriations from the general appropriations act for the prior year by any transfer made to the building South Dakota fund pursuant to this section.

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

Terms used in sections 2 and 3 of this Act mean:

(1) "Collective BSDF cash balance," the total cash balance of the:

(a) Building South Dakota fund;

            (b)    Local infrastructure improvement grant fund;

    (c)    Economic development partnership fund;

(d) Workforce education fund;

(e) South Dakota housing opportunity fund; and

(f) Funds disbursed pursuant to the provisions of subdivision (5) of § 1-16G-48;

(2) "Combined cash balance," the total cash balance of the:

(a) Budget reserve fund at the end of the prior fiscal year; and

(b) Property tax reduction fund at the end of the prior fiscal year.".

On page 3, delete lines 1 to 24, inclusive.

On page 4, delete lines 1 to 11, inclusive.

Respectfully submitted,                Respectfully submitted,
David Lust                        Timothy Rave
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1111 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House version.

Respectfully submitted,                Respectfully submitted,
Lance Carson                        Larry Tidemann
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1142 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1142 be amended as follows:

1142fa

On page 3, line 8, of the Senate engrossed bill, delete everything after "fund." .

On page 3, delete lines 9 to 12, inclusive.

On page 3, line 13, delete "The" and insert "One million five hundred thousand dollars ($1,500,000) from the current balance of the".

On page 3, line 13, delete everything after "be" .

On page 3, line 14, delete "balance".

And that the title to HB 1142 be amended as follows:

1142fta

On page 1, line 2, of the Senate engrossed bill, after "institutes," insert "to transfer certain funds,".

Respectfully submitted,                Respectfully submitted,
G. Mark Mickelson                    Jim White
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1177 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1177 be amended as follows:

1177je

On page 2, line 2, of the Senate engrossed bill, delete "primary" and insert "secondary".

On page 2 of the Senate engrossed bill, delete lines 22 to 24, inclusive.

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

On page 2, line 3, of the Senate engrossed bill, delete "Class 2 misdemeanor" and insert "petty offense with a fine of one hundred dollars".

On page 3, after line 10 of the Senate engrossed bill, insert:

"Section 6. That § 23-1A-22 be amended to read as follows:

23-1A-22. If the plaintiff prevails in a petty offense case, the plaintiff shall be granted a judgment of twenty-five dollars. If the plaintiff prevails in a petty offense case under section 1 of this Act, the plaintiff shall be granted a judgment of one hundred dollars. However, the trial court may reduce or eliminate the award in the interest of justice. No award may be granted a defendant in a petty offense case. If a deposit is required by this chapter, it shall be the amount set by this section. ".

And that the title to HB 1177 be amended as follows:

1177jtc

On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" .

On page 1, delete lines 2 to 4, inclusive, and insert "prohibit certain use of handheld electronic wireless communication devices while driving and to provide a penalty therefor.".

Respectfully submitted,                Respectfully submitted,
Charles Hoffman                    Blake Curd
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1213 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1213 be amended as follows:

1213te

On page 2 of the Senate engrossed bill, delete line 24, and insert:

"Section 4. The task force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee. The Legislative Research Council may receive additional funds from any legal source to carry out the purposes of this Act. The Executive Board shall designate the chair and vice chair of the task force.".

On page 3, delete lines 1 and 2.

On page 3, delete lines 12 and 13, and insert "to the Executive Board of the Legislative Research Council not later than December 1, 2014, and a final report, recommendations, and potential draft legislation to the Executive Board of the Legislative research Council no later".

Respectfully submitted,                Respectfully submitted,
Scott Munsterman                    Ryan Maher
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1206 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Engrossed version.

Respectfully submitted,                Respectfully submitted,
Fred Romkema                    Larry Tidemann
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Lust, Latterell, and Hawley 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 on SB 1.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1028 and 1206.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 108 and 177.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1111, 1142, 1213, and 1177.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 65, 158, and 1.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 14, the 37^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Tieszen moved that the report of the Conference Committee on SB 1 as found on page 655 of the Senate Journal be adopted.

The question being on Sen. Tieszen's motion that the report of the Conference Committee on SB 1 be adopted.

And the roll being called:

Yeas 21, Nays 14, Excused 0, Absent 0

Yeas:
Brown; Curd; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jones (Chuck); Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Solano; Tieszen; Vehle; White

Nays:
Begalka; Bradford; Buhl O'Donnell; Frerichs; Jensen; Jones (Tom); Krebs; Lucas; Peters; Soholt; Sutton; Tidemann; 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 the report was adopted.

Sen. Kirkeby moved that the report of the Conference Committee on SB 65 as found on page 656 of the Senate Journal be adopted.

The question being on Sen. Kirkeby's motion that the report of the Conference Committee on SB 65 be adopted.

And the roll being called:

Yeas 30, Nays 3, Excused 2, 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); Rampelberg; Rhoden; Soholt; Solano; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Bradford; Sutton; Tidemann

Excused:
Peters; Rave

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.

Sen. Tidemann moved that the report of the Conference Committee on HB 1111 as found on page 660 of the Senate Journal be adopted.

The question being on Sen. Tidemann's motion that the report of the Conference Committee on HB 1111 be adopted.

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 two-thirds majority of the members-elect, the President declared the motion carried and the report was adopted.

Sen. Rave moved that the report of the Conference Committee on SB 108 as found on page 657 of the Senate Journal be adopted.

The question being on Sen. Rave's motion that the report of the Conference Committee on SB 108 be adopted.

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 report was adopted.

Sen. Rave moved that the report of the Conference Committee on SB 158 as found on page 658 of the Senate Journal be adopted.

The question being on Sen. Rave's motion that the report of the Conference Committee on SB 158 be adopted.

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; 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; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Frerichs; Jones (Tom); Sutton; Welke

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 report was adopted.

Sen. Peters moved that the report of the Conference Committee on SB 177 as found on page 645 of the Senate Journal be adopted.

The question being on Sen. Peters' motion that the report of the Conference Committee on SB 177 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 report was adopted.

Sen. White moved that the report of the Conference Committee on HB 1142 as found on page 660 of the Senate Journal be adopted.

The question being on Sen. White's motion that the report of the Conference Committee on HB 1142 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 report was adopted.

Sen. Curd moved that the report of the Conference Committee on HB 1177 as found on page 661 of the Senate Journal be adopted.

The question being on Sen. Curd's motion that the report of the Conference Committee on HB 1177 be adopted.

And the roll being called:

Yeas 28, Nays 7, 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); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; Welke; White

Nays:
Ewing; Maher; Monroe; Omdahl; Otten (Ernie); Peters; 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 report was adopted.

Sen. Maher moved that the report of the Conference Committee on HB 1213 as found on page 662 of the Senate Journal be adopted.

The question being on Sen. Maher's motion that the report of the Conference Committee on HB 1213 be adopted.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Ewing

Excused:
Lederman

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.

Sen. Tidemann moved that the report of the Conference Committee on HB 1206 as found on page 663 of the Senate Journal be adopted.

The question being on Sen. Tidemann's motion that the report of the Conference Committee on HB 1206 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 report was adopted.

REPORTS OF JOINT-SELECT COMMITTEES

Sen. Rave moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Ninetieth Legislative Session as found on page 634 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Rave moved that the report of the Joint-Select Committee relative to the Joint Rules for the Ninetieth Legislative Session as found on page 634 of the Senate Journal be adopted.

The question being on Sen. Rave's motion that the report of the Joint-Select Committee relative to the Joint Rules for the Ninetieth Legislative Session be adopted.

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.

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 2, 15, 18, 20, 23, 25, 28, 37, 38, 46, 53, 90, 99, 113, 143, 157, 168, 172, and 176 were delivered to his Excellency, the Governor, for his approval at 3:00 p.m., March 13, 2014.

Respectfully submitted,
Corey Brown, Chair

Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 3:56 p.m. the Senate adjourned.

Jeannette Schipper, Secretary