Senate Journal 3/8/2016 10:00 AM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION

THIRTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 8, 2016

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

The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by Senate pages Ali Hanson and Jackson Neal.

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,

Gary Cammack, Chair

Which motion prevailed.

REPORTS OF CONFERENCE COMMITTEES

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MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1183 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1183 be amended as follows:

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On page 1, line 10, of the Senate Judiciary Committee engrossed bill, delete everything after "." .

On page 1, line 11, delete everything before "Any" and insert "When the action is one for protection from domestic abuse, a magistrate judge may not issue an ex parte protection order pursuant to § 25-10-6, or try any petition, which calls for either the award of temporary custody or establishment of temporary visitation with regards to visitation of a minor child of the parties or that establishes temporary support for a minor child of the parties or a spouse.".

Respectfully submitted,                    Respectfully submitted,
Timothy Johns                        Craig Tieszen
House Committee Chair                    Senate Committee Chair

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 1, 3, 6, 17, 24, 25, 30, 42, 50, 55, 74, 79, 80, 97, 102, 106, 116, 118, and 150 were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., March 8, 2016.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 2, 5, 22, 31, 46, 54, 58, 90, 107, 129, 133, 136, and 152 and finds the same correctly enrolled.

Respectfully submitted,

Gary Cammack, 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 1140 and 1238.

Also MR. PRESIDENT:

I have the honor to return herewith SB 2, 31, 46, 90, 107, 129, 133, 136, and 152 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 26, 44, 64, 65, 72, 100, and 104 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Brown moved that HB 1005 be placed to precede HB 1242 on today's calendar.

Which motion prevailed.

Sen. Brown moved that HB 1134 be placed to follow HB 1244 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Peters moved that the report of the Conference Committee on SB 132 as found on page 541 of the Senate Journal be adopted.

The question being on Sen. Peters' motion that the report of the Conference Committee on SB 132 be adopted.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Jensen (Phil)

Excused:
Curd

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. Brown moved that the reports of the Standing Committees on

Health and Human Services on HB 1162 as found on page 539 of the Senate Journal; also

Health and Human Services on HB 1212 as found on page 540 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall HB 1236 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Brown; Buhl O'Donnell; Cammack; 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

Excused:
Bradford; Curd; Heinert

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 1005: FOR AN ACT ENTITLED, An Act to revise and repeal certain fees that are established to compensate counties for services provided by county officials.

Was read the second time.

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Sen. Peters moved that HB 1005 be amended as follows:

On page 5, line 20, of the House Local Government Committee engrossed bill, delete "fifty dollars" and insert "thirty-seven dollars and fifty cents".

On page 5, line 24, delete "ten dollars" and insert "seven dollars and fifty cents".

On page 6, line 12, delete "ninety-five" and insert "sixty-five".

On page 6, line 13, delete "fifty dollars" and insert "thirty-seven dollars and fifty cents".

Sen. Ewing requested a roll call vote.

Which request was supported.

The question being on Sen. Peters' motion that HB 1005 be amended.

And the roll being called:

Yeas 6, Nays 29, Excused 0, Absent 0

Yeas:
Haggar (Jenna); Holien; Novstrup (David); Peters; Sutton; Tidemann

Nays:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Tieszen; 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.

The question being "Shall HB 1005 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Greenfield (Brock); Jensen (Phil)

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 1242: FOR AN ACT ENTITLED, An Act to authorize certain persons to request a security freeze on the credit report of a protected consumer.

Was read the second time.

The question being "Shall HB 1242 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 1091: FOR AN ACT ENTITLED, An Act to establish certain requirements regarding insurance for vehicles used to provide rides for a transportation network company and to exempt vehicles used to provide these rides from certain commercial licensing requirements.

Was read the second time.

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Sen. Peters moved that HB 1091 be amended as follows:

On page 1, line 7, of the Senate Commerce and Energy Committee engrossed bill, delete "software,".

Sen. Peters motion to Amend on HB 1091 was withdrawn.

The question being "Shall HB 1091 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

Was read the second time.

1088ye

Sen. Brown moved that HB 1088 be amended as follows:

On the Senate Judiciary Committee engrossed bill, delete all Senate Judiciary Committee amendments, thus restoring the bill to the House Judiciary Committee engrossed version.

Which motion prevailed.

The question being "Shall HB 1088 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Heinert; Sutton

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 1116: FOR AN ACT ENTITLED, An Act to authorize municipalities to impose an additional sales and use tax for a limited period of time for a specified use.

Was read the second time.

The question being "Shall HB 1116 pass as amended?"

And the roll being called:

Yeas 10, Nays 25, Excused 0, Absent 0

Yeas:
Bradford; Brown; Curd; Ewing; Fiegen; Greenfield (Brock); Olson; Rusch; Shorma; Tieszen

Nays:
Buhl O'Donnell; Cammack; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Soholt; Solano; Sutton; Tidemann; Van Gerpen; Vehle; White

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

Sen. Brown moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 11:35 a.m., the Senate recessed.

RECESS

The Senate reconvened at 1:43 p.m., the President presiding.

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 the Office of Engrossing and Enrolling has carefully compared SB 132 and finds the same correctly enrolled.

Respectfully submitted,

Gary Cammack, Chair

REPORTS OF CONFERENCE COMMITTEES

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MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 45 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 45 be amended as follows:

45mc

On page 2, line 9, of the House State Affairs Committee engrossed bill, delete everything before "," and insert "special committee created in § 4-8A-2 or the Senate and House standing committees on appropriations meeting in joint session".

Respectfully submitted,                    Respectfully submitted,
Steve Westra                            Deb Peters
House Committee Chair                    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 140 and 159 which have passed the House pursuant to Joint Rule 7-7 without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 132.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Westra, Cronin, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 45.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Brown moved that HB 1145 be placed to precede HB 1143 on today's calendar.

Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1137: FOR AN ACT ENTITLED, An Act to revise the distribution of registration fees from noncommercial gross weight vehicles.

Was read the second time.

The question being "Shall HB 1137 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Brown; Heinert; Solano; Sutton

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 1162: FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of midwives.

Was read the second time.

1162ma

Sen. Peters moved that HB 1162 be amended as follows:

On page 8 of the Senate Health and Human Services Committee engrossed bill, delete lines 13 to 20, inclusive, and insert:

" Section 16. That the code be amended by adding a NEW SECTION to read:

All moneys coming into the custody of the board collected pursuant to this Act, or any gift, grant, devise, or bequest received, shall be forwarded to the state treasurer on or before the tenth day of each month. The state treasurer shall credit the moneys to the midwife regulation account of the general fund, which account is hereby created. The moneys in the account are hereby continuously appropriated to the board for the purpose of paying the expense of administering

and enforcing the provisions of this Act. The total expenses incurred by the board may not exceed the total moneys collected.

Section 17. That the code be amended by adding a NEW SECTION to read:

The board is not required to appoint a midwife advisory committee or begin issuing licenses pursuant to this Act until the balance in the midwife regulation account is greater than twenty thousand dollars.".

On page 14, delete lines 7 to 15, inclusive.

Which motion prevailed.

The question being "Shall HB 1162 pass as amended?"

And the roll being called:

Yeas 16, Nays 19, Excused 0, Absent 0

Yeas:
Bradford; Cammack; Frerichs; Greenfield (Brock); Haggar (Jenna); Heineman (Phyllis); Heinert; Jensen (Phil); Monroe; Novstrup (David); Olson; Otten (Ernie); Peterson (Jim); Rusch; Shorma; Sutton

Nays:
Brown; Buhl O'Donnell; Curd; Ewing; Fiegen; Haverly; Holien; Hunhoff (Bernie); Omdahl; Parsley; Peters; Rampelberg; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

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

HB 1212: FOR AN ACT ENTITLED, An Act to revise requirements related to pregnancy help centers

Was read the second time.

The question being "Shall HB 1212 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Bradford; 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:
Buhl O'Donnell; Heinert

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 1244: FOR AN ACT ENTITLED, An Act to revise provisions related to the sex offender registry

Was read the second time.

The question being "Shall HB 1244 pass?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Ewing; Greenfield (Brock); Omdahl

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

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

Was read the second time.

The question being "Shall HB 1134 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Ewing; Jensen (Phil); Monroe; Omdahl; Otten (Ernie)

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

HB 1079: FOR AN ACT ENTITLED, An Act to permit the prescription and possession of an opioid antagonist in certain instances.

Was read the second time.

The question being "Shall HB 1079 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

HB 1043: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

Was read the second time.

The question being "Shall HB 1043 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1044: FOR AN ACT ENTITLED, An Act to revise the state aid to general education formula.

Was read the second time.

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Sen. Peters moved that HB 1044 be amended as follows:

On page 1, line 6, of the printed bill, delete "and ~~seventy-two~~ twenty-nine and seven" and insert "~~and seventy-two and seven~~".

On page 1, line 7, overstrike "tenths cents".

On page 1, line 11, delete "and ~~fifty-six~~ fifty-one and eight tenths cents" and insert "~~and fifty-six and eight tenths cents~~".

On page 2, line 1, overstrike "and".

On page 2, line 2, delete "eighty-seven and four tenths cents" and insert "~~tenths cents~~".

Which motion prevailed.

The question being "Shall HB 1044 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, 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); Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

Nays:
Jensen (Phil); Omdahl; 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 1145: FOR AN ACT ENTITLED, An Act to accommodate legislation relating to education in South Dakota.

Was read the second time.

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Sen. Peters moved that HB 1145 be amended as follows:

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

" Section 1. That chapter 13-33 be amended by adding a NEW SECTION to read:

Any school accredited by the Department of Education shall accept transfer credits earned by a student for any course taken by the student from another school accredited by the Department of Education outside the regular school term as established pursuant to § 13-26-2. However, an accredited school is only required to accept the transfer credits if the student notifies a school administrator of the credits sought prior to taking the course. If the student fails to provide the advance notice, the school may refuse to accept the credits.

Each school district shall establish a policy for accepting transfer credits pursuant to this Act. If, upon review of the coursework for which transfer credit is sought, a school determines that the course rigor is not sufficient to meet the graduation requirements established by the Board of Education pursuant to § 13-1-12.1 or by the school, the transfer credits earned by the student for the course will count as elective credits, but the course will not count as a course required for graduation. If the school accepting the transfer credits determines that the credits do not meet graduation requirements, the school shall notify the student in writing to explain the reason for that determination and to cite the provisions of formally adopted school policy that apply. The school shall also provide notice to the Board of Education that accredited schools are not offering accredited courses."

Which motion prevailed.

The question being "Shall HB 1145 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Frerichs; Hunhoff (Bernie); Jensen (Phil); Van Gerpen; White

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

The question being on the title.

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Sen. Peters moved that the title to HB 1145 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "require accredited schools to accept transfer credits for courses taken by students from other accredited schools during the summer.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

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

Was read the second time.

Sen. Brown moved that HB 1143 be laid on the table.

The question being on Sen. Brown's motion that HB 1143 be laid on the table.

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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

Nays:
Bradford; Frerichs

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

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

Was read the second time.

Sen. Brown moved that HB 1144 be laid on the table.

The question being on Sen. Brown's motion that HB 1144 be laid on the table.

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Bradford; Frerichs; Heinert; Sutton

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

Sen. Brown moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on Wednesday, March 9^th, the 35^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 2: FOR AN ACT ENTITLED, An Act to revise the distribution of the revenue from the alcoholic beverage fund.

SB 5: FOR AN ACT ENTITLED, An Act to revise the procedure to initiate a school district boundary change.

SB 22: FOR AN ACT ENTITLED, An Act to add emergency medical technicians and paramedics to the list of mandatory reporters, and to update cross references in the section.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sentencing and supervision of prison inmates and parolees with suspended sentences.

SB 46: FOR AN ACT ENTITLED, An Act to revise the notice filing fee for open-end management companies.

SB 54: FOR AN ACT ENTITLED, An Act to adopt the Elder Abuse Task Force's statutory recommendations in order to protect South Dakota seniors and adults with disabilities from abuse, neglect, and exploitation.

SB 58: FOR AN ACT ENTITLED, An Act to revise certain restrictions for the use of night-vision equipment for hunting under certain conditions.

SB 90: FOR AN ACT ENTITLED, An Act to ensure that members of the public are able to access and record public meetings.

SB 107: FOR AN ACT ENTITLED, An Act to clarify certain safety zone restrictions on hunting.

SB 129: FOR AN ACT ENTITLED, An Act to establish certain suicide awareness and prevention training requirements for certain school employees based on the Jason Flatt Act.

SB 132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding education funding.

SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding shared services provided by the state to school districts, the sharing of services of school district employees, the classroom innovation grant program, and educator mentoring and certification reciprocity.

SB 136: FOR AN ACT ENTITLED, An Act to permit certain cropland along lakes, rivers, and streams to be assessed as noncropland.

SB 152: FOR AN ACT ENTITLED, An Act to enact the Peter Falk Act to ensure visitation of certain protected persons.

HB 1042: FOR AN ACT ENTITLED, An Act to establish the trust company receivership and liquidation captive insurance company fund and to make an appropriation therefor.

HB 1045: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

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

HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning road districts.

HB 1132: FOR AN ACT ENTITLED, An Act to require the submission of sexual assault kits for testing.

HB 1153: FOR AN ACT ENTITLED, An Act to allow parties to agree to resolve an eminent domain dispute by mediation.

HB 1167: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of a suspended imposition of sentence for a misdemeanor and a felony.

HB 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incentives for certain energy facilities.

HB 1204: FOR AN ACT ENTITLED, An Act to provide a sales and use tax exemption for certain nonprofit corporations created for the purpose of fire protection.

HB 1224: FOR AN ACT ENTITLED, An Act to facilitate participation by South Dakota residents in an ABLE savings program.

HB 1243: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized sharing of certain private images on the internet.

And signed the same in the presence of the Senate.

Sen. Shorma moved that the Senate do now adjourn, which motion prevailed and at 4:04 p.m. the Senate adjourned.

Kay Johnson, Secretary