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Senate Journal 3/7/2016 02:00 PM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 7, 2016

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

    The prayer was offered by the Chaplain, Rev. Susan Carr, followed by the Pledge of Allegiance led by Senate pages Marissa Cruse and Kayli Kjerstad.

    Roll Call: All members present except Buhl O'Donnell and Curd who were excused.

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,
Gary Cammack, Chair

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

    Pages _ Marissa Cruse, Alicia Hanson, Tea Hill, Kayli Kjerstad, Jackson Neal, Shauna Pauli, Ryan Solberg, Lauren Soulek, Rebekah Tuchscherer.

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

COMMUNICATIONS AND PETITIONS

March 7, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 7, 2016, I approved Senate Bills 8, 33, 39, 52, 57, 66, and 120, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 7, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 7, 2016, I approved Senate Bills 114 and 138, 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 19, 91, 93, 127, and 142 and finds the same correctly enrolled.

Respectfully submitted,

Gary Cammack, Chair


Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1137 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HJR 1002 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1236 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1162 and returns the same with the recommendation that said bill be amended as follows:

1162re

    On page 8, line 8, of the House Health and Human Services Committee engrossed bill, after "dollars" insert ";

            (9)    For an initial student license, not more than four hundred dollars;

            (10)    For a per birth delivery fee, not more than fifty dollars per birth".

    On page 14, after line 2, insert:

"    Section 35. That the code be amended by adding a NEW SECTION to read:

    There is hereby established in the state treasury a midwife regulation fund to fund the regulation of certified professional midwives in the state. The board shall deposit any gift, grant, devise, or bequest made or offered by any person for this purpose in the fund. The midwife regulation fund is a separate and continuing fund, and no moneys in the fund may revert to the general fund.

    Section 36. 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 there is twenty thousand dollars in the midwife regulation fund.".

1162rd

    On page 3, line 10, of the House Health and Human Services Committee engrossed bill, after "Dakota" insert ";

            (4)    Has completed an approved four-year high school course of study or the equivalent as determined by the appropriate educational agency".

    On page 14, after line 2, insert:

"    Section 35. That the code be amended by adding a NEW SECTION to read:

    A certified professional midwife shall consult with the client's selected physician or facility whenever there is a significant deviation during the client's pregnancy or birth, or with the newborn.

    Section 36. That the code be amended by adding a NEW SECTION to read:

    The board shall review birth registration and reportable information for each out-of-hospital birth for evaluation and quality management purposes. The certified professional midwife shall provide additional documentation to the board upon request for review. The certified professional midwife shall report within forty-eight hours to the board any neonatal or maternal mortality in a patient for whom the certified professional midwife has cared in the perinatal period.".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1212 and returns the same with the recommendation that said bill be amended as follows:


1212ya

    On page 4, line 9 of the printed bill delete everything after "Centers" and insert "and adopted in 2015.".

    On page 4, delete line 10.

    And that as so amended said bill do pass.

Respectfully submitted,
Bruce Rampelberg, Chair

REPORTS OF CONFERENCE COMMITTEES

cc132a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 132 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the SB 132 be amended as follows:

132cd


    On page 5, line 1, of the House engrossed bill, overstrike "over one million dollars".

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

MESSAGES FROM THE HOUSE

Also MR. PRESIDENT:

    I have the honor to return herewith SB 19, 91, 93, 127, and 142 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk


MOTIONS AND RESOLUTIONS

    Sen. Peters moved that the Senate do concur in House amendments to SB 5.

    The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 5.

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

    Yeas:
Bradford; Cammack; 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

    Nays:
Brown

    Excused:
Buhl O'Donnell; Curd

    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. Cammack moved that the Senate do not concur in House amendments to SB 45 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. Peters, Cammack, and Parsley.

    Sen. Tieszen moved that the Senate do concur in House amendments to SB 54.

    The question being on Sen. Tieszen's motion that the Senate do concur in House amendments to SB 54.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bradford; Brown; Cammack; 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

    Excused:
Buhl O'Donnell; Curd

    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. Frerichs moved that the Senate do concur in House amendments to SB 58.

    The question being on Sen. Frerichs' motion that the Senate do concur in House amendments to SB 58.

    And the roll being called:

    Yeas 21, Nays 12, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Olson; Parsley; Peterson (Jim); Rampelberg; Rusch; Shorma; Solano; Sutton; Vehle; White

    Nays:
Cammack; Ewing; Haverly; Monroe; Novstrup (David); Omdahl; Otten (Ernie); Peters; Soholt; Tidemann; Tieszen; Van Gerpen

    Excused:
Buhl O'Donnell; Curd

    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. Soholt moved that the Senate do concur in House amendments to SB 22.

    The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 22.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0



    Yeas:
Bradford; Brown; Cammack; 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

    Excused:
Buhl O'Donnell; Curd

    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. Olson moved that the Committee on Education be instructed to deliver HB 1198 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion was not supported.

    Sen. Brown moved that HB 1079 be placed to precede HB 1043 on today's calendar.

    Which motion prevailed.

    Sen. Brown moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 8th, the 34th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce and Energy on HB 1091 as found on page 520 of the Senate Journal; also

    Commerce and Energy on HB 1242 as found on page 516 of the Senate Journal; also

    Commerce and Energy on HB 1134 as found on page 521 of the Senate Journal; also

    Judiciary on HB 1088 as found on page 532 of the Senate Journal be adopted.

    Which motion prevailed.


CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Patricia White Horse Carda of Charles Mix County, Wagner, South Dakota, to the Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive reappointment of Patricia White Horse Carda pursuant to the executive message as found on page 300 of the Senate Journal?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Cammack; 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

    Excused:
Buhl O'Donnell; Curd

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Kevin V. Schieffer of Lincoln County, Sioux Falls, South Dakota, to the State Board of Regents.

    The question being "Does the Senate advise and consent to the executive reappointment of Kevin V. Schieffer pursuant to the executive message as found on page 446 of the Senate Journal?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bradford; Brown; Cammack; 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

    Excused:
Buhl O'Donnell; Curd

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

    The Senate proceeded to the consideration of the executive reappointment of Mark R. Smith of Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive reappointment of Mark R. Smith pursuant to the executive message as found on page 238 of the Senate Journal?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Cammack; 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

    Excused:
Buhl O'Donnell; Curd

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Omdahl requested that HB 1244 be removed from the Consent Calendar.

    HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Board on Geographic Names.

    Was read the second time.



    The question being "Shall HB 1060 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0

    Yeas:
Brown; 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

    Nays:
Bradford; Heinert

    Excused:
Buhl O'Donnell; Curd

    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 1064: FOR AN ACT ENTITLED, An Act to apply certain penalties regarding damages, tampering, and malicious acts to certain railroads that carry passengers.

    Was read the second time.

    The question being "Shall HB 1064 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0

    Yeas:
Brown; 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

    Nays:
Bradford; Heinert

    Excused:
Buhl O'Donnell; Curd

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

    Was read the second time.

    The question being "Shall HB 1068 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0

    Yeas:
Brown; 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

    Nays:
Bradford; Heinert

    Excused:
Buhl O'Donnell; Curd

    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 1190: FOR AN ACT ENTITLED, An Act to enhance customer convenience in firearms transactions, improve public safety, and provide for the issuance of an additional concealed pistol permit.

    Was read the second time.

    The question being "Shall HB 1190 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bradford; Brown; Cammack; 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

    Excused:
Buhl O'Donnell; Curd

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

    Was read the second time.

    The question being "Shall HB 1218 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Cammack; 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

    Excused:
Buhl O'Donnell; Curd

    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 1118: FOR AN ACT ENTITLED, An Act to limit the amount of instructional time that may be spent administering statewide academic assessments.

    Was read the second time.

    The question being "Shall HB 1118 pass?"

    And the roll being called:


    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Cammack; 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

    Excused:
Buhl O'Donnell; Curd

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

    Was read the second time.

    The question being "Shall HB 1146 pass?"

    And the roll being called:

    Yeas 28, Nays 5, Excused 2, Absent 0

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

    Nays:
Peters; Soholt; Solano; Tidemann; Van Gerpen

    Excused:
Buhl O'Donnell; Curd

    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 1029: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Health to fund the rural residency program and to declare an emergency.

    Was read the second time.



    The question being "Shall HB 1029 pass?"

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

    Yeas:
Bradford; Brown; 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:
Buhl O'Donnell; Curd

    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 1046: FOR AN ACT ENTITLED, An Act to make an appropriation to the railroad trust fund and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1046 pass?"

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

    Yeas:
Bradford; Brown; 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:
Buhl O'Donnell; Curd

    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 1061: FOR AN ACT ENTITLED, An Act to provide a tuition benefit to certain teachers who enroll in courses under the management and control of the Board of Regents that are not subsidized by the general fund.

    Was read the second time.

    The question being "Shall HB 1061 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Cammack; 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; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Fiegen

    Excused:
Buhl O'Donnell; Curd

    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 1203: FOR AN ACT ENTITLED, An Act to pay off bonds and make certain other changes necessary to effectuate a tuition freeze by the Board of Regents and the technical institutes, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1203 pass?"

    And the roll being called:

    Yeas 26, Nays 6, Excused 3, Absent 0

    Yeas:
Bradford; Brown; Cammack; Fiegen; Frerichs; Greenfield (Brock); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Monroe; Novstrup (David); Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White


    Nays:
Ewing; Holien; Jensen (Phil); Olson; Omdahl; Van Gerpen

    Excused:
Buhl O'Donnell; Curd; Haggar (Jenna)

    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 1078: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol related offenses to persons who assist a person in need of emergency assistance or who are themselves in need of emergency assistance.

    Was read the second time.

    The question being "Shall HB 1078 pass?"

    And the roll being called:

    Yeas 31, Nays 1, Excused 3, Absent 0

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

    Nays:
Monroe

    Excused:
Buhl O'Donnell; Curd; Haggar (Jenna)

    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 1110: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.

    Was read the second time.

    The question being "Shall HB 1110 pass?"

    And the roll being called:



    Yeas 22, Nays 11, Excused 2, Absent 0

    Yeas:
Bradford; Brown; Fiegen; Frerichs; Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Novstrup (David); Parsley; Peters; Peterson (Jim); Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Nays:
Cammack; Ewing; Greenfield (Brock); Haggar (Jenna); Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Rampelberg; Van Gerpen

    Excused:
Buhl O'Donnell; Curd

    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 1157: FOR AN ACT ENTITLED, An Act to require that a doctor provide a woman additional information as a part of informed consent prior to performing an abortion.

    Was read the second time.

    The question being "Shall HB 1157 pass as amended?"

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

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

    Nays:
Fiegen; Heinert; Parsley; Tieszen

    Excused:
Buhl O'Donnell; Curd

    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. Brown moved that the balance of the calendar including HB 1005, 1043, 1044, 1079, 1143, 1144, and 1145 be deferred to Tuesday, March 8th, 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 140 and 154 were indefinitely postponed by the House.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 159, 21, and 130 were tabled.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 69 was lost on second reading and final passage.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

    The President publicly read the title to

    SB 19: FOR AN ACT ENTITLED, An Act to revise certain mandatory reporting requirements for elder and disabled adult abuse and neglect.

    SB 91: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the information on the forms provided to persons who sign initiated constitutional amendments, referred laws, or initiated measures.

    SB 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the homestead exemption.


    SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the requirements for placement of a utility facility across a railroad right-of-way.

    SB 142: FOR AN ACT ENTITLED, An Act to authorize certain disclosures of mental health information to law enforcement.

    HB 1051: FOR AN ACT ENTITLED, An Act to prohibit the use of certain automated sales suppression devices and to provide penalties for their use.

    HB 1075: FOR AN ACT ENTITLED, An Act to revise the area for certain open units where nonresident waterfowl licenses are issued.

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

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

    HB 1119: FOR AN ACT ENTITLED, An Act to revise the criteria for incorporation of a new municipality.

    HB 1120: FOR AN ACT ENTITLED, An Act to revise the definition of agricultural purposes used for the administration of the sales tax.

    HB 1125: FOR AN ACT ENTITLED, An Act to limit the ability of a person to obtain a concealed pistol permit related to the restoration of civil rights and to declare an emergency.

    HB 1135: FOR AN ACT ENTITLED, An Act to establish venue for certain actions arising out of real property lease agreements.

    HB 1136: FOR AN ACT ENTITLED, An Act to eliminate the Council on Higher Education Policy Goals, Performance, and Accountability and to transfer its functions to the Legislative Planning Committee.

    HB 1138: FOR AN ACT ENTITLED, An Act to revise provisions related to the enhanced permit to carry a concealed pistol.

    HB 1141: FOR AN ACT ENTITLED, An Act to license persons offering applied behavior analysis services to the public.

    HB 1163: FOR AN ACT ENTITLED, An Act to revise the periods of time during which veterans may use tuition benefits at institutions under the control of the Board of Regents.

    HB 1169: FOR AN ACT ENTITLED, An Act to allow a school district to operate an attendance center within another school district.


    HB 1182: FOR AN ACT ENTITLED, An Act to increase the state sales tax, the state use tax, the excise tax on farm machinery, and amusement device tax for the purpose of increasing education funding and reducing property taxes, to provide for certain school district reporting and penalties, and to declare an emergency.

    HB 1187: FOR AN ACT ENTITLED, An Act to allow the Office of the Secretary of State to refuse to file certain documents.

    HB 1188: FOR AN ACT ENTITLED, An Act to exempt certain operations of school buses from commercial motor vehicle fees.

    HB 1189: FOR AN ACT ENTITLED, An Act to provide for the inspection and review of a state-mandated academic achievement test taken by a student.

    HB 1201: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2016, make an appropriation for teen court programs in South Dakota, and to declare an emergency.

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

    HB 1213: FOR AN ACT ENTITLED, An Act to create the new frontiers program to support innovative research by South Dakota companies.

    HB 1214: FOR AN ACT ENTITLED, An Act to regulate conflicts of interest for authority, board, or commission members.

    HB 1230: FOR AN ACT ENTITLED, An Act to require lights on certain animal-drawn vehicles while operating on a highway.

    And signed the same in the presence of the Senate.

    Sen. Holien moved that the Senate do now adjourn, which motion prevailed and at 4:37 p.m. the Senate adjourned.

Kay Johnson, Secretary



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