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Senate Journal 3/12/2015 09:00 AM

JOURNAL OF THE SENATE

NINETIETH SESSION




THIRTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 12, 2015

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

    The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Kiera Leddy.

    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-sixth 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.
MOTIONS AND RESOLUTIONS

    Sen. Rave moved that the Senate do not concur in House amendments to SB 69 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Otten (Ernie), Solano, and Bradford.

ANNOUNCEMENT

    The President announced that Sen. Novstrup has been appointed to replace Sen. Rusch on the Conference Committee for HB 1140.

    Sen. Otten (Ernie) moved that the Senate do now recess until 10:30 a.m., which motion prevailed and at 9:25 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 10:35 a.m., the President presiding.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1110 and has appointed Reps. Gosch, Johns, and Kaiser 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.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1192 and has appointed Reps. Stevens, Qualm, and Werner 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.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1228 and has appointed Reps. Cronin, Dryden, and Novstrup (Al) 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.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1191 and has appointed Reps. Mickelson, Solum, and Killer 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.

ANNOUNCEMENTS

    The President announced Sens. Rave, Otten (Ernie), and Sutton 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 1110.

    The President announced Sens. Cammack, Ewing, and Buhl O'Donnell 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 1192.

    The President announced Sens. Tidemann, White, and Sutton 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 1228.

    The President announced Sens. Tieszen, Monroe, 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 1191.

    Sen. Soholt moved that the Senate do now recess until 11:30 a.m., which motion prevailed and at 10:40 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 11:30 a.m., the President presiding.


    Sen. Otten (Ernie) moved that the Senate do now recess until 12:30 p.m., which motion prevailed and at 11:31 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 12:30 p.m., the President presiding.

    Sen. Ewing moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 12:31 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 1:36 p.m., the President presiding.

    Sen. Van Gerpen moved that the Senate do now recess until 3:30 p.m., which motion prevailed and at 1:38 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 3:48 p.m., the President presiding.

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

COMMUNICATIONS AND PETITIONS

March 11, 2015

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 11, 2015, I approved Senate Bills 24, 30, 37, 41, 45, 47, 49, 63, 94, 113, and 118, 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 SB 13, 33, 51, 60, 68, 70, 73, 97, 125, 131, 136, 178, 186, and 191 were delivered to his Excellency, the Governor, for his approval at 7:50 a.m., March 12, 2015.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 2, 39, 52, 64, 65, 66, 99, 100, 120, 132, 134, 154, and 180 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

    Unless there is an objection, the President waives the reading of the reports of the Conference Committees.

REPORTS OF CONFERENCE COMMITTEES

Cc109a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 109 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 109 be amended as follows:

109oa


    On page 2 of the House engrossed bill, delete lines 4 to 11, inclusive.

109ota


    On page 1, line 2, of the House engrossed bill, after "recidivism" delete "," and insert "and".

    On page 1, line 2, after "Legislature" delete "," and insert ".".


    On page 1, delete line 3.

Respectfully submitted,                    Respectfully submitted,
Mike Stevens                            Larry Tidemann
House Committee Chair                    Senate Committee Chair

Cc53a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 53 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all amendments be deleted, thus restoring the bill to its printed version.

Respectfully submitted,                    Respectfully submitted,
Justin Cronin                            Deb Peters
House Committee Chair                    Senate Committee Chair

Cc54a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 54 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all House amendments be deleted, thus restoring the bill to its printed version.

Respectfully submitted,                    Respectfully submitted,
Justin Cronin                            Deb Peters
House Committee Chair                    Senate Committee Chair

Cc1110a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1110 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1110 be amended as follows:

1110oa


    On the Senate Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 16-6-1 be amended to read as follows:


    16-6-1. The number of circuit judges of each of the judicial circuits established by § 16-5-1.2 is as follows:

            (1)    First Circuit: Six circuit judges;

            (2)    Second Circuit: Ten Eleven circuit judges;

            (3)    Third Circuit: Six circuit judges;

            (4)    Fourth Circuit: Four circuit judges;

            (5)    Fifth Circuit: Four circuit judges;

            (6)    Sixth Circuit: Four circuit judges;

            (7)    Seventh Circuit: Seven Eight circuit judges. "

1110ota


    On page 1, line 1, of the Senate Appropriations Committee engrossed bill, delete everything after "Act to" and insert "increase the number of judges in the Second and Seventh Judicial Circuits.".

    On page 1, delete line 2.

Respectfully submitted,                    Respectfully submitted,
Brian Gosch                            Tim Rave
House Committee Chair                    Senate Committee Chair

Cc179a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 179 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 179 be amended as follows:

179re

    On page 1 of the House engrossed bill, delete lines 13 and 14.

    On page 1, line 15, delete "2017" and insert "after June 30, 2015".

Respectfully submitted,                    Respectfully submitted,
Brian Gosch                            Larry Tidemann
House Committee Chair                    Senate Committee Chair


Cc152a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 152 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 152 be amended as follows:

152ma


    On page 1, line 4, of the House Appropriations Committee engrossed bill, delete "five hundred" and insert "seven hundred fifty thousand dollars ($750,000)".

    On page 1, line 5, delete "thousand dollars ($500,000)".

Respectfully submitted,                    Respectfully submitted,
Don Haggar                            Deb Soholt
House Committee Chair                    Senate Committee Chair

Cc140a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 140 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that they do not concur with the House amendments to SB 140 and do not appoint a new committee.

Respectfully submitted,                    Respectfully submitted,
Jim Bolin                            Jim White
House Committee Chair                    Senate Committee Chair

Cc1228a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1228 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1228 be amended as follows:

1228ca

    On page 1, line 6, of the Senate Appropriations Committee engrossed bill, delete "and".

    On page 1, line 6, after "oversight" insert ", and collection".

    On page 1, line 7, delete everything after "Dakota." .

    On page 1, line 10, delete everything after "center" .

    On page 1, line 11, delete "South Dakota".

    On page 3, line 18, delete everything after "into" and insert "the general fund and the operations of the center".

    On page 3, line 19, delete everything before "and" .

    On page 3, line 21, delete "retain the cost recovery fee and".

Respectfully submitted,                    Respectfully submitted,
Justin Cronin                            Larry Tidemann
House Committee Chair                    Senate Committee Chair

Cc1190a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1190 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1190 be amended as follows:

1190nd


    On page 1, line 7, of the Senate engrossed bill, delete "one million five" and insert "one million six hundred fifty-five thousand eight hundred seventy-seven dollars ($1,655,877) and the sum of five hundred six thousand one hundred forty dollars ($506,140) in federal fund expenditure authority,".

    On page 1, delete lines 8 and 9.

Respectfully submitted,                    Respectfully submitted,
Kris Langer                            Deb Peters
House Committee Chair                    Senate Committee Chair

Cc95a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 95 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 95 be amended as follows:


95re


     The House engrossed bill, delete amendment (95th), thus restoring the bill the to Senate Judiciary Committee engrossed version.

    On page 1, line 13, overstrike "kidnaping" and insert "kidnapping".

Respectfully submitted,                    Respectfully submitted,
Scott Craig                            Ried Holien
House Committee Chair                    Senate Committee Chair

Cc174a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 174 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all amendments be deleted, thus restoring the bill to its printed version.

Respectfully submitted,                    Respectfully submitted,
Jim Bolin                            Craig Tieszen
House Committee Chair                    Senate Committee Chair

Cc92a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 92 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 92 be amended as follows:

92db


    On page 1, line 4, of the House engrossed bill, delete "two dollars ($2)" and insert "one hundred fifty thousand dollars ($150,000)".

Respectfully submitted,                    Respectfully submitted,
Dean Wink                            Tim Rave
House Committee Chair                    Senate Committee Chair


Cc106a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 106 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that they do not concur with the House amendments to SB 106 and do not appoint a new committee.

Respectfully submitted,                    Respectfully submitted,
G. Mark Mickelson                        Ernie Otten
House Committee Chair                    Senate Committee Chair

Cc1140a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1140 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Judiciary engrossed version.

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

Cc1192a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1192 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1192 be amended as follows:

1192fa


    On page 1, line 4, of the Senate Appropriations Committee engrossed bill, delete "five hundred" and insert "three hundred fifty thousand dollars ($350,000),".

    On page 1, line 5, delete everything before "or" .

Respectfully submitted,                    Respectfully submitted,
Mike Stevens                            Gary Cammack
House Committee Chair                    Senate Committee Chair


Cc91a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 91 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 91 be amended as follows:

91db


    On page 1, line 4, of the House engrossed bill, delete "two dollars ($2)" and insert "one hundred fifty thousand dollars ($150,000)".

Respectfully submitted,                    Respectfully submitted,
G. Mark Mickelson                        Tim Rave
House Committee Chair                    Senate Committee Chair

Cc176a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 176 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that they do not concur with the House amendments and do not appoint a new committee.

Respectfully submitted,                    Respectfully submitted,
Steve Westra                            Tim Rave
House Committee Chair                    Senate Committee Chair

Cc1147a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1147 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                    Respectfully submitted,
David Anderson                        Ried Holien
House Committee Chair                    Senate Committee Chair


Cc1191a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1191 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                    Respectfully submitted,
G. Mark Mickelson                        Craig Tieszen
House Committee Chair                    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 109 and has appointed Reps. Stevens, Hunhoff (Jean), and McCleerey as a new 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.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Bolin, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 69.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Rave moved that SB 67 be placed to follow HB 1190 on today's calendar.

    Which motion prevailed.

    Sen. Rave moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.


    Which motion prevailed and the President announced as such committee Sens. Brown, Rave, and Sutton.

    Sen. Rave moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House pertaining to fixing the time of adjournment sine die for the Ninetieth Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Otten, Soholt, and Sutton.

    Sen. Rave moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Friday, March 13, the 38th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Sen. Rave moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Ninety-first Legislative Session as found on page 679 of the Senate Journal be adopted.

    Which motion prevailed.

    Sen. Rave moved that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-first Legislative Session as found on page 679 of the Senate Journal be adopted.

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

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

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

    Excused:
Lederman; Otten (Ernie); Rusch; Solano


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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Tidemann moved that the Senate do not adopt the report of the Conference Committee on SB 109 as found on page 689 of the Senate Journal and appoint a new committee.

    Which motion prevailed and the President announced as such committee Sens. Tidemann, Van Gerpen, and Parsley

    Sen. Holien moved that the report of the Conference Committee on SB 95 as found on page 693 of the Senate Journal be adopted.

    The question being on Sen. Holien's motion that the report of the Conference Committee on SB 95 be adopted.

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0

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

    Excused:
Lederman; Otten (Ernie); Rusch; Solano; Tidemann

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

    Sen. Peters moved that the report of the Conference Committee on SB 54 as found on page 690 of the Senate Journal be adopted.

    The question being on Sen. Peters' motion that the report of the Conference Committee on SB 54 be adopted.

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0


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

    Excused:
Lederman; Otten (Ernie); Rusch; Solano; Tidemann

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

    Sen. Rave moved that SB 106 and 179 be placed to follow SB 140 on today's calendar.

    Which motion prevailed.

    Sen. Peters moved that the report of the Conference Committee on SB 53 as found on page 690 of the Senate Journal be adopted.

    The question being on Sen. Peters' motion that the report of the Conference Committee on SB 53 be adopted.

    And the roll being called:

    Yeas 26, Nays 7, Excused 2, Absent 0

    Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Monroe; Novstrup (David); Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Bradford; Ewing; Frerichs; Hunhoff (Bernie); Jensen (Phil); Olson; Sutton

    Excused:
Lederman; Rusch

    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.

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


MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 140 and no new committee was appointed.

Respectfully,
Arlene Kvislen, Chief Clerk

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Rave moved that the report of the Conference Committee on SB 91 as found on page 696 of the Senate Journal be adopted.

    The question being on Sen. Rave's motion that the report of the Conference Committee on SB 91 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

    Sen. Rave moved that the report of the Conference Committee on SB 92 as found on page 694 of the Senate Journal be adopted.

    The question being on Sen. Rave's motion that the report of the Conference Committee on SB 92 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

    Sen. Rave moved that SB 176 be placed to precede 152 on today's calendar.

    Which motion prevailed.

    Sen. Rave moved that the report of the Conference Committee on SB 176 as found on page 696 of the Senate Journal be adopted.

    The question being on Sen. Rave's motion that the report of the Conference Committee on SB 176 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

    Sen. Soholt moved that the report of the Conference Committee on SB 152 as found on page 692 of the Senate Journal be adopted.

    The question being on Sen. Soholt's motion that the report of the Conference Committee on SB 152 be adopted.

    And the roll being called:



    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; White

    Excused:
Lederman; Rusch; Vehle

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

    Sen. Tieszen moved that the report of the Conference Committee on SB 174 as found on page 694 of the Senate Journal be adopted.

    The question being on Sen. Tieszen's motion that the report of the Conference Committee on SB 174 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

    Sen. Otten (Ernie) moved that the report of the Conference Committee on SB 106 as found on page 695 of the Senate Journal be adopted.

    The question being on Sen. Otten's (Ernie) motion that the report of the Conference Committee on SB 106 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

    Sen. Tidemann moved that the report of the Conference Committee on SB 179 as found on page 691 of the Senate Journal be adopted.

    The question being on Sen. Tidemann's motion that the report of the Conference Committee on SB 179 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

    Sen. Tieszen moved that the report of the Conference Committee on HB 1140 as found on page 695 of the Senate Journal be adopted.

    The question being on Sen. Tieszen's motion that the report of the Conference Committee on HB 1140 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

    Sen. Holien moved that the report of the Conference Committee on HB 1147 as found on page 696 of the Senate Journal be adopted.

    The question being on Sen. Holien's motion that the report of the Conference Committee on HB 1147 be adopted.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch; Tidemann

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

    Sen. Peters moved that the report of the Conference Committee on HB 1190 as found on page 693 of the Senate Journal be adopted.

    The question being on Sen. Peters' motion that the report of the Conference Committee on HB 1190 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

    Sen. Rave moved that the report of the Conference Committee on HB 1110 as found on page 690 of the Senate Journal be adopted.

    The question being on Sen. Rave's motion that the report of the Conference Committee on HB 1110 be adopted.

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

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

    Nays:
Greenfield (Brock); Jensen (Phil); Olson

    Excused:
Lederman; Rusch

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

    Sen. Cammack moved that the report of the Conference Committee on HB 1192 as found on page 695 of the Senate Journal be adopted.

    The question being on Sen. Cammack's motion that the report of the Conference Committee on HB 1192 be adopted.

    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0



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

    Nays:
Buhl O'Donnell; Olson

    Excused:
Lederman; Rusch

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

    Sen. Tieszen moved that the report of the Conference Committee on HB 1191 as found on page 697 of the Senate Journal be adopted.

    The question being on Sen. Tieszen's motion that the report of the Conference Committee on HB 1191 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Lederman; Rusch

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

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


REPORTS OF CONFERENCE COMMITTEES

Cc181a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 181 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that they do not concur with the House amendments to SB 181 and do not appoint a new committee.

Respectfully submitted,                    Respectfully submitted,
Dan Dryden                            Larry Tidemann
House Committee Chair                    Senate Committee Chair

Cc190a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 190 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 190 be amended as follows:

190cf


    On the House State Affairs Committee engrossed bill, delete amendment (190cb), thus restoring the bill to the Senate State Affairs Committee engrossed version.

    On page 3, line 11 of the Senate State Affairs Committee engrossed version, after "analysis" insert "subject to the general care management provisions of the plan".

    On page 3, line 13, delete everything after "shall" and insert "provide an annual maximum benefit that may not be less than the following:".

    On page 3, delete line 14.

    On page 4, between line 9 and 10, insert:

    "Section 8. Nothing in this Act may be construed to affect any obligation to provide services to a person under an individualized family service plan, an individualized education program, or an individualized service plan.".


    On page 4, after line 13, insert:

    "Section 9. There is hereby established the Applied Behavior Analysis Provider Workgroup, operated under the Department of Human Services, to advise and make

recommendations to the Governor and the Legislature regarding the certification and licensor of applied behavior analysis therapy providers.

    The workgroup shall consist of the following members appointed by the Governor by July 1, 2015: two members of the Senate; two members of the House of Representatives; two persons who have a family member with autism spectrum disorder; two persons who are behavior analysts certified by the National Behavior Analyst Certification Board, including one at a supervisory level; one licensed healthcare provider who provides other medical or therapy services to children with autism spectrum disorder; one representative from the Department of Human Services; one representative from the Department of Social Services; one representative from the Department of Education; one representative from the Department of Labor and Regulation; two persons representing health insurance carriers who offer health coverage in the state of South Dakota; and one person who serves as an executive director of a medical or therapy licensing board. The Department of Human Services representative will chair the workgroup.

    The workgroup shall make a final report including a record of its discussions and recommendations to the Governor and to the Legislature by December 1, 2015.".

190ctc


    On page 1, line 1, of the House State Affairs Committee engrossed bill, before "." insert ", and to establish the Applied Behavior Analysis Provider Workgroup".

Respectfully submitted,                    Respectfully submitted,
Scott Munsterman                        Tim Rave
House Committee Chair                    Senate Committee Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 53, 54, 179, and 152 and HB 1228.

Respectfully,
Arlene Kvislen, Chief Clerk

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Tidemann moved that the report of the Conference Committee on SB 181 as found on page 708 of the Senate Journal be adopted.


    The question being on Sen. Tidemann's motion that the report of the Conference Committee on SB 181 be adopted.

    And the roll being called:

    Yeas 23, Nays 10, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Monroe; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Buhl O'Donnell; Frerichs; Greenfield (Brock); Heinert; Hunhoff (Bernie); Jensen (Phil); Novstrup (David); Olson; Peterson (Jim); Sutton

    Excused:
Lederman; Rusch

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

    Sen. Rave moved that the report of the Conference Committee on SB 190 as found on page 708 of the Senate Journal be adopted.

    The question being on Sen. Rave's motion that the report of the Conference Committee on SB 190 be adopted.

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Jensen (Phil)

    Excused:
Lederman; Rusch

    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.



SIGNING OF BILLS

    The President publicly read the title to

    SB 2: FOR AN ACT ENTITLED, An Act to provide for the establishment of river basin natural resource districts.

    SB 39: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

    SB 52: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding investment income that is transferred to the general fund and to declare an emergency.

    SB 64: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of business names.

    SB 65: FOR AN ACT ENTITLED, An Act to revise certain procedures regarding campaign finance disclosure statements.

    SB 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the county renaming process.

    SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the risk pool fund.

    SB 100: FOR AN ACT ENTITLED, An Act to create a leased residential property classification.

    SB 120: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding special alcoholic beverage licenses issued in conjunction with special events and to declare an emergency.

    SB 132: FOR AN ACT ENTITLED, An Act to allow school districts to recruit teachers by providing certain financial incentives.

    SB 134: FOR AN ACT ENTITLED, An Act to prohibit minor boundary changes for one year, to establish the school district boundary task force, and to declare an emergency.

    SB 154: FOR AN ACT ENTITLED, An Act to require that certain employees of the Department of Veterans Affairs be veterans.

    SB 180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the production tax for wind energy facilities and to declare an emergency.

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.


    HB 1049: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding reversions of appropriations for a repealed tax refund program.

    HB 1185: FOR AN ACT ENTITLED, An Act to make an appropriation for property and casualty loss coverage, to establish the property and casualty captive insurance company fund for state properties, and to declare an emergency.

    HB 1186: FOR AN ACT ENTITLED, An Act to revise an appropriation made to the Science and Technology Authority.

    HB 1187: FOR AN ACT ENTITLED, An Act to make an appropriation for liability coverage for the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and South Dakota Educational Enhancement Funding Corporation, to establish the liability captive insurance company fund, and to declare an emergency.

    HB 1225: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized commercial use of a personality's right of publicity and provide a civil remedy therefor.

    And signed the same in the presence of the Senate.

    Sen. Solano moved that the Senate do now adjourn, which motion prevailed and at 5:27 p.m. the Senate adjourned.

Kay Johnson, Secretary

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