JOURNAL OF THE SENATE

NINETY-FIRST SESSION




TWENTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 25, 2016

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

    The prayer was offered by the Chaplain, Pastor Peggy Stempson, followed by the Pledge of Allegiance led by Senate page Andrew Silva.

    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 twenty-seventh day and finds that the following correction should be made:


    On page 437, line 23, delete "ninety" and insert "thirty".

    On page 437, line 25, delete "sixty" and insert "ninety".

    All additional errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Gary Cammack, Chair
    Which motion prevailed.
COMMUNICATIONS AND PETITIONS


April 24, 2015

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

Dear President and Members of the Senate:

    Pursuant to the provisions of 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kevin V. Schieffer, Lincoln County, Sioux Falls, South Dakota, to the State Board of Regents.

    This appointment is effective immediately, and shall continue until March 31, 2021.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Education.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 66 and 138 and finds the same correctly enrolled.

Respectfully submitted,

Gary Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HCR 1004 and HB 1107 which were tabled.

Respectfully submitted,
Craig Tieszen, Chair


Also MR. PRESIDENT:

    The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1182 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
R. Blake Curd, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1189 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1163 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Alan Solano, Vice Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill be amended as follows:

96da

    On page 1, line 5, of the printed bill, strike "compensation and" .

    On page 1, line 7, delete everything after "." and insert "Each member shall receive expense reimbursement at the amount fixed for the per diem allowance that is authorized by the United States Internal Revenue Service to be excluded from the gross income without itemization as of October first each year.".

    On page 1, delete line 8.

96dta

    On page 1, line 1, of the printed bill, after "Act to" delete "increase the pay" and insert "revise the expense reimbursement".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 47 and returns the same with the recommendation that said bill be amended as follows:

47fa

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

"
    Section 1. That § 61-5-25.3 be amended to read:
    61-5-25.3. The employer's reserve ratio for calendar year 2015 and thereafter is the result obtained by dividing the balance of credits existing in the employer's experience-rating account as of June thirtieth preceding the year for which the rate is to be computed by the total taxable payroll of the employer for the preceding three fiscal years. The employer's experience-rating account balance for the purpose of this section is the balance on July thirty-first of the year preceding the year for which rates are computed and is the difference between the contributions paid through July thirty-first and the benefits paid through the preceding June thirtieth.

Column "A"   Column "B"  
Contribution Rate   Reserve Ratio  
9.50%        Less than -7.00%  
9.00%       -7.00% and Less than -6.50%  
8.50%       -6.50% and Less than -6.00%      
8.00%       -6.00% and Less than -5.50%  
7.50%       -5.50% and Less than -5.00%  
7.00%       -5.00% and Less than -4.50%  
6.50%       -4.50% and Less than -4.00%  
6.00%       -4.00% and Less than -3.50%  
5.50%       -3.50% and Less than -3.00%  
5.00%       -3.00% and Less than -2.50%  
4.50%       -2.50% and Less than -2.00%  
4.00%       -2.00% and Less than -1.50%  
3.50%       -1.50% and Less than -1.00%  
3.00%       -1.00% and Less than -0.75%  
2.50%       -0.75% and Less than -0.50%  
2.00%       -0.50% and Less than -0.25%  
1.50%       -0.25% and Less than 0.00%  
1.00%       0.00% and Less than 0.50%  
0.75%       0.50% and Less than 0.75%  
0.60%       0.75% and Less than 1.00%  
0.40%       1.00% and Less than 1.25%  
0.30%       1.25% and Less than 1.50%  
0.20%       1.50% and Less than 1.75%  
0.10%       1.75% and Less than 2.25%  
0.00%       2.25% and Over  

    The contribution rates provided in this section apply to taxable wages paid on and after January 1, 2015.

    An employer who qualifies for experience rating per § 61-5-24 on the computation date for the year shall have the employer's contribution rate appearing in Column A reduced by two hundredths percent beginning January 1, 2017. The employer shall pay an administrative fee contribution of two hundredths percent beginning January 1, 2017, if the employer's contribution rate in Column A is greater than zero percent. Any administrative fee contribution collected pursuant to this section shall be paid into the employment security administration fund provided by § 61-3-24. The administrative fee contribution may not be credited to the experience rating account of the employer.

    Section 2. That § 61-5-37 be amended to read:

    61-5-37. The Department of Labor and Regulation shall credit to the experience-rating account of each employer all contributions paid by the employer or the employer's predecessor whose experience-rating the employer acquired. However, the increased contributions required pursuant to § 61-5-28 and the administrative fee contribution pursuant to § 61-5-25.3 may not be credited to the employers' experience-rating account. "


    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 43 which was tabled.

Respectfully submitted,
Deb Peters, Co-Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1007 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 66 and 138 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1068, 1080, 1088, 1096, 1099, 1134, 1143, 1144, 1145, 1146, 1198, 1218, 1225, 1234, 1236, 1242 and HJR 1002 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 70 was lost on second reading and final passage.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1183 and has appointed Reps. Johns, Stevens, and Gibson 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
ANNOUNCEMENT

    The President announced Sens. Rusch, Tieszen, and Heinert 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 1183.

MOTIONS AND RESOLUTIONS

    HCR 1014: A CONCURRENT RESOLUTION, Calling for the United States to save Christians, Yazidis and people of other faiths from persecution and genocide.

    Sen. Haggar (Jenna) moved that the Senate do concur in HCR 1014 as found on page 427 of the House Journal.

    The question being on Sen. Haggar (Jenna)'s motion that HCR 1014 be concurred in.

    And the roll being called:

    Yeas 23, Nays 12, Excused 0, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Peterson (Jim); Rampelberg; Rusch; Shorma; Solano; Van Gerpen; White

    Nays:
Bradford; Buhl O'Donnell; Heinert; Hunhoff (Bernie); Otten (Ernie); Parsley; Peters; Soholt; Sutton; Tidemann; Tieszen; Vehle

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1014 was concurred in.

    HCR 1007: A CONCURRENT RESOLUTION, Requiring the use of sound science in evaluating crop protection chemistries and nutrients.

    Was read the first time, the President waived the referral to committee, and placed HCR 1007 on the calendar of Monday, February 29th, the 29th legislative day.


CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Brown moved that the report of the Standing Committee on

    Health and Human Services on HB 1141 as found on page 426 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1068: FOR AN ACT ENTITLED, An Act to revise provisions related to the conversion of nonprofit corporations.

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

    HB 1080: FOR AN ACT ENTITLED, An Act to make an appropriation and to transfer certain money to the Bureau of Administration to fund a design study for a potential expansion and upgrade to the State Animal Disease Research and Diagnostic Laboratory and to declare an emergency.

    Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    HB 1088: FOR AN ACT ENTITLED, An Act to revise and consolidate certain civil forfeiture provisions.

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

    HB 1096: FOR AN ACT ENTITLED, An Act to provide for the exemption of certain schools from a tuition limitation applied to some bordering state school districts.

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

    HB 1099: FOR AN ACT ENTITLED, An Act to revise certain campaign finance provisions.

    Was read the first time and referred to the Committee on Local Government.


    HB 1134: FOR AN ACT ENTITLED, An Act to provide for access to certain property for the purpose of making surveys.

    Was read the first time and referred to the Committee on Commerce and Energy.

    HB 1143: FOR AN ACT ENTITLED, An Act to accommodate legislation on medical services.

    Was read the first time and referred to the Committee on State Affairs.

    HB 1144: FOR AN ACT ENTITLED, An Act to enhance South Dakota.

    Was read the first time and referred to the Committee on State Affairs.

    HB 1145: FOR AN ACT ENTITLED, An Act to accommodate legislation relating to education in South Dakota.

    Was read the first time and referred to the Committee on State Affairs.

    HB 1146: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter agreements with Indian tribes regarding the high school equivalency tests administered on Indian reservations.

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

    HB 1198: FOR AN ACT ENTITLED, An Act to recognize dyslexia as a learning disability.

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

    HB 1218: FOR AN ACT ENTITLED, An Act to require certain notice procedures for any revision of municipal ordinances.

    Was read the first time and referred to the Committee on Local Government.

    HB 1225: FOR AN ACT ENTITLED, An Act to provide for the forfeiture and disposition of certain property utilized in acts of terrorism.

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


    HB 1234: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before the state adopts certain changes to the Medicaid program.

    Was read the first time and referred to the Committee on State Affairs.

    HB 1236: FOR AN ACT ENTITLED, An Act to define a halfway house.

    Was read the first time and referred to the Committee on Health and Human Services.

    HB 1242: FOR AN ACT ENTITLED, An Act to authorize parents to request a security freeze for their child's credit report.

    Was read the first time and referred to the Committee on Commerce and Energy.


    HJR 1002: A JOINT RESOLUTION, To apply for a Convention of the States under Article V of the Constitution of the United States.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

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

    The question being "Does the Senate advise and consent to the executive appointment of David Lust pursuant to the executive message as found on page 242 of the Senate Journal?"

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Brown; Cammack; Jensen (Phil); Parsley; Rampelberg

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



    The Senate proceeded to the consideration of the executive reappointment of Michael S. Bender of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Ellsworth Development Authority.

    The question being "Does the Senate advise and consent to the executive reappointment of Michael S. Bender pursuant to the executive message as found on page 241 of the Senate Journal?"

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Brown; Cammack; Jensen (Phil); Parsley; Rampelberg

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1092: FOR AN ACT ENTITLED, An Act to revise requirements for local permits for the sale and consumption of alcoholic beverages on certain property abutting licensed establishments.

    Was read the second time.

    The question being "Shall HB 1092 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White


    Excused:
Brown; Cammack; Parsley; Rampelberg

    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 1095: FOR AN ACT ENTITLED, An Act to revise certain allowable time periods regarding the transfer of vehicle ownership.

    Was read the second time.

    The question being "Shall HB 1095 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Brown; Cammack; Parsley; Rampelberg

    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 1121: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the regulation of vehicle dealers.

    Was read the second time.

    The question being "Shall HB 1121 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0


    Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Brown; Cammack; Parsley; Rampelberg

    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 1065: FOR AN ACT ENTITLED, An Act to designate the Civilian Conservation Corps Museum of South Dakota in Hill City as the official Civilian Conservation Corps Museum of South Dakota.

    Was read the second time.

    The question being "Shall HB 1065 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Brown; Cammack; Parsley; Rampelberg

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

    HB 1104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the practice of dental hygiene.

    Was read the second time.


    The question being "Shall HB 1104 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Brown; Cammack; Parsley; Rampelberg

    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 1164: FOR AN ACT ENTITLED, An Act to provide for a special interest motor vehicle license plate for certain vehicles under certain conditions.

    Was read the second time.

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

    And the roll being called:

    Yeas 30, Nays 1, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Van Gerpen; Vehle; White

    Nays:
Tieszen

    Excused:
Cammack; Monroe; Parsley; Rampelberg

    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 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption of certain boats from the excise tax on large boats.

    Was read the second time.

    The question being "Shall HB 1179 pass?"

    And the roll being called:

    Yeas 23, Nays 9, Excused 3, Absent 0

    Yeas:
Bradford; Brown; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Otten (Ernie); Peterson (Jim); Rusch; Shorma; Soholt; Solano; Tieszen; Van Gerpen; White

    Nays:
Buhl O'Donnell; Haverly; Heineman (Phyllis); Heinert; Omdahl; Peters; Sutton; Tidemann; Vehle

    Excused:
Cammack; Parsley; Rampelberg

    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 1047: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1047 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 3, Excused 0, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White


    Nays:
Bradford; Buhl O'Donnell; Heinert

    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 1123: FOR AN ACT ENTITLED, An Act to require the Department of Health to include certain information regarding the inspection of an abortion facility on the department's website.

    Was read the second time.

    The question being "Shall HB 1123 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; 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 1119: FOR AN ACT ENTITLED, An Act to revise the criteria for incorporation of a new municipality.

    Was read the second time.

1119sa

    Sen. Holien moved that HB 1119 be amended as follows:

    On page 1, line 9, of the House Local Government Committee engrossed bill, after "days" insert "of the three hundred sixty-five days immediately preceding the filing of the petition".

    Which motion prevailed.


    The question being "Shall HB 1119 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; 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 1083: FOR AN ACT ENTITLED, An Act to change the taxation method used in the sale of certain off-road vehicles and require that the sale of these vehicles be by licensed vehicle dealers.

    Was read the second time.


    The question being "Shall HB 1083 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; 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.

    HB 1208: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota Developmental Center and to provide for the deposit of the proceeds.

    Was read the second time.

    The question being "Shall HB 1208 pass as amended?"


    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; 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 1024: FOR AN ACT ENTITLED, An Act to make an appropriation for the maintenance and repair of state owned dams and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1024 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; 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.

    HB 1007: FOR AN ACT ENTITLED, An Act to make an appropriation to revise and update the data and methods used to determine the agricultural land production capacity and to declare an emergency.

    Was read the second time.


    The question being "Shall HB 1007 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; 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. Brown moved that the balance of the calendar including HB 1005, 1120, 1136, 1187, and 1201 be deferred to Monday, February 29th, the 29th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 66: FOR AN ACT ENTITLED, An Act to permit the issuance of special license plates to parents of certain individuals

    SB 138: FOR AN ACT ENTITLED, An Act to authorize the construction of a nursing home facility in Rosebud, South Dakota.

    And signed the same in the presence of the Senate.

    Sen. Solano moved that the Senate do now adjourn, which motion prevailed and at 2:13 p.m. the Senate adjourned.

Kay Johnson, Secretary