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JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 10, 2014

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

    The prayer was offered by the Chaplain, Reverend Mercy Hobbs, followed by the Pledge of Allegiance led by Senate page Megan Larsen.

    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-second day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Corey Brown, Chair

    Which motion prevailed.
    The oath of office was administered by the President to the following named persons:

            Pages _ Noah Brown, Megan Larsen, Alli Steckelberg, Wynne Wilfahrt

    Which was subscribed to and placed on file in the office of the Secretary of State.


COMMUNICATIONS AND PETITIONS

March 6, 2014

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 6, 2014, I approved Senate Bills 12, 14, 29, 54, 55, 59, and 89, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 10, 2014

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2014, I approved Senate Bills 5, 64, 70, 71, 91, 93, 100, 115, 150, 151, and 152, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 26, 68, 81, 125, and 145 and finds the same correctly enrolled.


Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SJR 1 was delivered to his Excellency, the Secretary of State, for filing at 10:25 a.m., March 10, 2014.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 9, 27, 31, 32, 69, 75, 77, 82, 84, 97, 102, 124, and 186 were delivered to his Excellency, the Governor, for his approval at 10:25 a.m., March 10, 2014.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1040 and returns the same with the recommendation that said bill be amended as follows:

1040hh

    On page 30, line 14, of the House Appropriations Committee engrossed bill, delete "$10,514,595" and insert "$10,789,595".

1040hf

    On page 45, line 13, of the House Appropriations Committee engrossed bill, delete "$3,098,978" and insert "$3,498,978".

1040hk

    On page 45, between lines 21 and 22 of the House Appropriations Committee engrossed bill, insert:

    "Section 127. That section 22 of chapter 25 of the 2013 Session Laws be amended to read as follows:

LEGISLATURE  
(1A) Nonrecurring Technology Infrastructure Upgrade Funding  
    Personal Services   $0   $0   $0   $0  
    Operating Expenses   $500,000   $0   $0   $500,000  
    TOTAL   $500,000   $0   $0   $500,000  
    F.T.E.         0.0  

Adjust all totals accordingly."

1040hg

    On page 27, between lines 9 and 10 of the House Appropriations Committee engrossed bill, insert:

    "Section 79. That section 12 of chapter 25 of the 2013 Session Laws be amended to read as follows:

DEPARTMENT OF EDUCATION

    (8) Postsecondary Vocational Education

        Operating Expenses, General Funds, delete $21,554,542" and insert "$21,654,542".


1040mi

    On page 31, line 4, of the House Appropriations Committee engrossed bill, delete "$28,971,040" and insert "$29,418,840".

    On page 31, line 14, delete "$16,594,350" and insert "$16,669,582".

    On page 31, line 23, delete "$35,490,276" and insert "$36,140,386".

    On page 32, line 9, delete "$7,497,828" and insert "$7,542,715".

    On page 32, line 17, delete "$10,735,585" and insert "$10,788,701".

    On page 33, line 1, delete "$14,093,026" and insert "$14,227,586".

    On page 33, line 12, delete "$10,817,607" and insert "$10,957,936".

    On page 33, line 23, delete "$7,338,641" and insert "$7,553,436".

    On page 34, line 10, delete "$7,783,174" and insert "$7,916,253".

1040hl

    On page 16, line 18, of the House Appropriations Committee engrossed bill, delete "272,830,762" and insert "252,830,762".

    On page 16, line 19, delete "452,457,392" and insert "430,686,298".


1040hd

    On page 31, line 7, of the House Appropriations Committee engrossed bill, delete "$3,258,350" and insert "$3,608,350".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1089 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1085 and 1145 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1194 and returns the same with the recommendation that said bill be amended as follows:

1194tb

    On page 1, line 4, of the House Transportation Committee engrossed bill, delete "line" and insert "facility".

    On page 1, line 6, delete everything after "including" .

    On page 1, line 7, delete everything before "." and insert "a drawing showing the location of the proposed crossing and the railroad's property, tracks, and wires that the utility will cross".

    On page 1, line 9, after "." insert "The application shall be accompanied by the crossing fee as set forth in section 3 of this Act, and a certificate of insurance as required by section 4 of this Act.".

    On page 1, line 10, delete "utility has submitted" and insert "receipt by the railroad of".

    On page 1, delete lines 11 to 14, inclusive, and insert "application, the fee, and certificate of insurance, the utility may commence the construction of the crossing, unless".


    On page 2, line 1, delete everything before "that" and insert "the railroad notifies the utility in writing".

    On page 2, line 2, delete "an objection".

    On page 2, line 7, delete "roads of the state" and insert "right-of-way".

    On page 2, after line 11, insert: "The utility shall also reimburse the railroad for any reasonable flagging expense associated with a crossing in addition to the standard crossing fee. No crossing fee is required if the crossing is located within a public right-of-way.

    Section 4. The certificate of insurance or coverage submitted by a municipality shall include commercial general liability insurance or equivalent form with a limit of not less than one million dollars for each occurrence and an aggregate of not less than two million dollars. The certificate of insurance submitted by any other utility other than a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of two million dollars for each occurrence and an aggregate limit of at least four million dollars. The certificate of insurance submitted by a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of five million dollars for each occurrence and an aggregate limit of at least ten million dollars.".


    On page 2, line 22, delete "the" and insert "its".

    On page 2, between lines 23 and 24, insert:

    "Section 6. If a railroad imposes additional requirements upon a utility for crossing its lines, the utility may object to one or more of the requirements. In such event, the utility shall provide notice of the objection and the specific basis of the objection to the railroad by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution or modification of the additional requirements within sixty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, within one hundred twenty days of filing the petition, shall determine, after notice and opportunity for hearing, whether special circumstances exist that necessitate additional requirements for the placement of the crossing. The order may be appealed pursuant to chapter 1-26. The Public Utilities Commission shall assess its costs associated with a petition equitably against the parties.".


    On page 3, line 12, delete "a railroad" and insert "any association or corporation, or other entity, engaged in operating a common carrier by rail".

    On page 3, line 17, delete everything after "Utility," and insert "electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system;

            (4)    "Crossing," the construction, operation, repair, or maintenance of a facility, over, under, or across a railroad right-of-way by a utility. The term does not include longitudinal occupancy of railroad right-of-way;

            (5)    "Facility," any item of personal property placed over, across, or underground for use in connection with the storage or conveyance of water; sewage; electronic, telephone, or telegraphic communications; fiber optics; cablevision; electric energy; oil; gas; hazardous liquids; or other substances including pipes, sewers, conduits, cables, valves, lines, wires, manholes, or attachments."

    On page 3, delete lines 18 and 19.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1203 and returns the same with the recommendation that said bill be amended as follows:

1203ma

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

    "Section 1. That chapter 4-8 be amended by adding thereto a NEW SECTION to read as follows:

    The Bureau of Finance and Management and the Legislative Research Council shall prepare and submit, no later than the thirty-eighth legislative day of each legislative session, independent projections that conform with the provisions of subdivisions 4-7-10(2) and (5) to the Governor or the Governor's designee and the Joint Committee on Appropriations.

    If either of the estimates provided in this section project a budget shortfall in excess of two and one-half percent of the general fund appropriated budget in the current or next fiscal year, the Bureau of Finance and Management and the Legislative Research Council shall propose measures to the Governor and the Appropriations Committee of the Legislature for eliminating the shortfall.

    Section 2. That chapter 4-8A be amended by adding thereto a NEW SECTION to read as follows:

    The Bureau of Finance and Management and the Legislative Research Council shall prepare and submit, no later than July thirtieth of each year, independent projections that conform with the provisions of subdivisions 4-7-10(2) and (5) to the Governor or the Governor's designee and the committee created by this chapter. Notwithstanding the provisions of subdivisions 4-7-10(2) and (5), the projections shall contain information of actual revenue for each of the two fiscal years last concluded and the estimated revenue of the current fiscal year.

    If either of the estimates provided in this section project a budget shortfall in excess of two and one-half percent of the general fund appropriated budget in the current fiscal year, the Bureau of Finance and Management and the Legislative Research Council shall propose measures to the Governor and the special committee created in chapter 4-8A for eliminating the shortfall. If either of the estimates provided in this section project a budget shortfall in the current or next fiscal year of five percent or greater of the general fund appropriated budget, the Governor shall propose measures to eliminate the shortfall consistent with S.D. Const., Art. 12, § 7."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James J. Breckenridge of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and place on the consent calendar.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1236 which was tabled.

Respectfully submitted,
Larry Rhoden, Chair

REPORTS OF CONFERENCE COMMITTEES


MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1069 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1069 be amended as follows:

1069fb

    On page 1, line 8, of the Senate engrossed bill, delete "three" and insert "four".

Respectfully submitted,                Respectfully submitted,
Timothy Johns                    Mike Vehle
House Committee Chair                Senate Committee Chair



MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 145, 26, 68, 81, and 125 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1120 and 1192.

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 Tuesday, March 11, the 34th legislative day.

    Which motion prevailed.

    Sen. Buhl O'Donnell moved that the Committee on Commerce and Energy be instructed to deliver HB 1257 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion lost.

    Sen. Tieszen moved that the Senate do concur in House amendments to SB 7.

    The question being on Sen. Tieszen's motion that the Senate do concur in House amendments to SB 7.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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


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

    Sen. Novstrup (Al) moved that the Senate do concur in House amendments to SB 183.

    The question being on Sen. Novstrup (Al)'s motion that the Senate do concur in House amendments to SB 183.

    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 amendments were concurred in.

    Sen. Rave moved that SB 2 be deferred to Tuesday, March 11, the 34th legislative day.

    Which motion prevailed.

    Sen. Soholt moved that the Senate do concur in House amendments to SB 3.

    The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 3.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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


    Sen. Lucas moved that the Senate do concur in House amendments to SB 163.

    The question being on Sen. Lucas' motion that the Senate do concur in House amendments to SB 163.

    And the roll being called:

    Yeas 25, Nays 10, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Buhl O'Donnell; Frerichs; Heineman (Phyllis); Holien; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Monroe; Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Welke; White

    Nays:
Brown; Curd; Ewing; Hunhoff (Jean); Jensen; Maher; Novstrup (Al); Peters; Soholt; Vehle

    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.

    SCR 6: A CONCURRENT RESOLUTION, Expressing the Legislature's support for citizens and communities in eastern South Dakota impacted by severe high water conditions over the last two decades.

    Was read the second time

    Sen. Frerichs moved that SCR 6 as found on page 448 of the Senate Journal be adopted as amended on page 547 of the Senate journal.

    The question being on Sen. Frerichs' motion that SCR 6 be adopted as amended.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Peters

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted as amended.



    HCR 1028: A CONCURRENT RESOLUTION, Urging Congress to repeal and defund the Patient Protection and Affordable Care Act.

    Was read the second time.

    Sen. Begalka moved that the Senate do concur in HCR 1028 as found on page 525 of the House Journal and as amended on page 545 of the Senate Journal.

    The question being on Sen. Begalka's motion that HCR 1028 be concurred in as amended.

    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 and HCR 1028 was concurred in as amended.

    HCR 1029: A CONCURRENT RESOLUTION, Honoring World Champion Saddle Bronc Champion Chad Ferley of Oelrichs, South Dakota.

    Was read the second time.

    Sen. Sutton moved that the Senate do concur in HCR 1029 as found on page 528 of the House Journal.

    The question being on Sen. Sutton's motion that HCR 1029 be concurred in.

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

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


    Nays:
Tieszen

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1029 was concurred in.

    HCR 1030: A CONCURRENT RESOLUTION, Honoring National Finals Rodeo Barrel Racing Champion Lisa Lockhart of Oelrichs, South Dakota.

    Was read the second time.

    Sen. Sutton moved that the Senate do concur in HCR 1030 as found on page 529 of the House Journal.

    The question being on Sen. Sutton's motion that HCR 1030 be concurred in.

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

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

    Nays:
Tieszen

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1030 was concurred in.

    HCR 1031: A CONCURRENT RESOLUTION, Urging Congress to provide federal funding in lieu of property taxes on Indian trust lands.

    Was read the second time.

    Sen. Jones (Chuck) moved that the Senate do concur in HCR 1031 as found on page 529 of the House Journal.

c1031ta

    Sen. Jones (Chuck) moved that HCR 1031 be amended as follows:


    On page 3, line 22, of the printed resolution, before "." insert:

"; and

    BE IT FURTHER RESOLVED, that the South Dakota Legislature recognizes the fact that numerous other South Dakota counties are also impacted by trust land issues and face challenges similar to those facing Jackson County".

    Which motion prevailed.

    The question being on Sen. Jones' (Chuck) motion that HCR 1031 be concurred in 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); 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:
Jones (Tom)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1031 was concurred in as amended.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

 
    The Senate proceeded to the consideration of the executive reappointment of Scott A. Vance of Meade County, Faith, South Dakota, to the State Brand Board.

    The question being "Does the Senate advise and consent to the executive reappointment of Scott A. Vance pursuant to the executive message as found on page 282 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 reappointment confirmed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Education on HB 1249 as found on page 569 of the Senate Journal; also

    Judiciary on HB 1122 as found on page 570 of the Senate Journal be adopted.

    Which motion prevailed.


SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Bradford requested that the reappointment of Stanley Porch to the South Dakota Ellsworth Developmental Authority be removed from the consent calendar.


    HCR 1032: A CONCURRENT RESOLUTION, Expressing support for the people of the Red Shirt community on the Pine Ridge Reservation.

    Was read the second time.

    The question being "Shall HCR 1032 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 concurrent resolution having received an affirmative vote of a majority of the members-elect, the President declared HCR 1032 concurred in.



    HB 1063: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to jury selection.

    Was read the second time.

    The question being "Shall HB 1063 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Sen. Rave moved that HB 1041, 1142, 1175, 1038, and 1206 be placed to follow 1129 on today's calendar.

    Which motion prevailed.

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

    Was read the second time.

    The question being "Shall HB 1039 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 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.

    Was read the second time.

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

    And the roll being called:

    Yeas 30, Nays 5, Excused 0, 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); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Solano; Sutton; Van Gerpen; Vehle; Welke; White

    Nays:
Bradford; Buhl O'Donnell; Soholt; Tidemann; Tieszen

    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 1177: FOR AN ACT ENTITLED, An Act to restrict the regulation by local governments of distracted or inattentive driving, to prohibit the use of certain handheld electronic wireless communication devices, and to provide a penalty therefor.

    Was read the second time.

1177fc

    Sen. Vehle moved that HB 1177 be amended as follows:

    On page 2, line 1, of the Senate State Affairs Committee engrossed bill, delete "secondary" and insert "primary".

    On page 2, line 2, delete "petty offense" and insert "Class 2 misdemeanor".

    On page 2, line 24, delete "distracted driving and".

    On page 3, line 1, after "." insert "However, any public or private employer may establish, maintain, or enforce a policy or rule that prohibits any employee from using an electronic wireless communication device while operating a motor vehicle.".

    On page 3, delete lines 4 and 5, and insert:

    "No handheld electronic wireless communication device used in violation of this Act may be seized by a law enforcement officer to establish a violation of this Act. However, a handheld electronic wireless communication device may be seized upon compliance with the search and seizure requirements in chapter 23A-35.".


    Sen. Lucas requested a roll call vote.

    Which request was supported.

    The question being on Sen. Vehle's motion that HB 1177 be amended.

    And the roll being called:

    Yeas 22, Nays 13, Excused 0, Absent 0

    Yeas:
Begalka; Buhl O'Donnell; Ewing; Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Krebs; Lucas; Novstrup (Al); Omdahl; Rampelberg; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Bradford; Brown; Curd; Frerichs; Heineman (Phyllis); Kirkeby; Lederman; Maher; Monroe; Otten (Ernie); Peters; Rave; Rhoden

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


    The question being "Shall HB 1177 pass as amended?"

    And the roll being called:

    Yeas 22, Nays 13, Excused 0, Absent 0

    Yeas:
Begalka; Buhl O'Donnell; Curd; Ewing; Frerichs; Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Krebs; Lucas; Novstrup (Al); Rampelberg; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; Welke; White


    Nays:
Bradford; Brown; Heineman (Phyllis); Kirkeby; Lederman; Maher; Monroe; Omdahl; Otten (Ernie); Peters; Rave; Rhoden; Van Gerpen

    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.

1177fta

    Sen. Vehle moved that the title to HB 1177 be amended as follows:

    On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete everything after "governments" .

    On page 1, line 2, delete everything before "," and insert "related to use of electronic wireless communication devices in motor vehicles".

    Which motion prevailed and the title was so amended.

    HB 1071: FOR AN ACT ENTITLED, An Act to change the procedure for a minor boundary change.

    Was read the second time.

    The question being "Shall HB 1071 pass?"

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

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

    Nays:
Omdahl; Soholt

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

    Was read the second time.

1127jh

    Sen. Lederman moved that HB 1127 be amended as follows:

    On page 2, line 6, of the House engrossed bill, delete "one thousand" and insert "seven hundred fifty".

    Which motion prevailed.

    The question being "Shall HB 1127 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 3, 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); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Omdahl; Otten (Ernie); Peters

    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 1161: FOR AN ACT ENTITLED, An Act to establish a cause of action for wrongful human trafficking.

    Was read the second time.

    The question being "Shall HB 1161 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 1169: FOR AN ACT ENTITLED, An Act to protect certain homestead exemption interests during sale of homestead or separation of owners.

    Was read the second time.

    The question being "Shall HB 1169 pass as amended?"

    And the roll being called:

    Yeas 17, Nays 18, Excused 0, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Ewing; Frerichs; Jones (Tom); Kirkeby; Krebs; Lucas; Maher; Monroe; Rampelberg; Rhoden; Solano; Sutton; Tieszen; Welke; White

    Nays:
Begalka; Brown; Curd; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Lederman; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rave; Soholt; Tidemann; Van Gerpen; Vehle

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

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

    HB 1166: FOR AN ACT ENTITLED, An Act to revise the telecommunications services program to include current and developing technology.

    Was read the second time.

    The question being "Shall HB 1166 pass as amended?"

    And the roll being called:


    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; 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 1143: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding unemployment insurance benefit eligibility of workers attending approved training.

    Was read the second time.

    The question being "Shall HB 1143 pass as amended?"

    And the roll being called:

    Yeas 23, Nays 9, Excused 3, Absent 0

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

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

    Excused:
Peters; Tidemann; 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 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.

    Was read the second time.

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


    And the roll being called:

    Yeas 23, Nays 9, Excused 3, 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; Sutton; Tieszen; Vehle; Welke; White

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

    Excused:
Peters; Tidemann; Van Gerpen

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

    HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licenses issued by the State Plumbing Commission and the fees that may be set by the commission.

    Was read the second time.

    The question being "Shall HB 1046 pass?"

    And the roll being called:

    Yeas 28, Nays 4, Excused 3, 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; Rampelberg; Rave; Soholt; Sutton; Tieszen; Vehle; Welke; White

    Nays:
Maher; Otten (Ernie); Rhoden; Solano

    Excused:
Peters; Tidemann; Van Gerpen


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

    Was read the second time.

1129rb

    Sen. Rhoden moved that HB 1129 be amended as follows:

    On page 1, line 7, of the House Judiciary Committee engrossed bill, delete everything after "impact" and insert ".".

    On page 1, line 8, delete everything before "Any" .

    Which motion prevailed.

    The question being "Shall HB 1129 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 1, 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; Rave; Rhoden; Soholt; Solano; Sutton; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Bradford

    Excused:
Peters; Tidemann

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

    Sen. Rave moved that HB 1041, 1142, 1175, 1038, 1206, 1164, 1213, 1045, 1019, 1099, 1148, 1111, and 1112 be deferred to Tuesday, March 11, the 34th legislative day.

    Which motion prevailed.



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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 180 was lost on second reading and final passage.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1087, 1100, and 1113.

    Sen. White moved that the Senate do now adjourn, which motion prevailed and at 5:30 p.m. the Senate adjourned.

Jeannette Schipper, Secretary



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