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Senate Journal 2/29/2016 02:00 PM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION




TWENTY-NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 29, 2016

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

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate pages Kallie Carey and Zachary Renshaw.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the Twenty-eighth 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.
COMMUNICATIONS AND PETITIONS

February 25, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 25, 2016, I approved Senate Bills 27 and 28, 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 8, 33, 39, 52, 57, 114, and 120 and finds the same correctly enrolled.


Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 38 was delivered to his Excellency, the Governor, for his approval at 10:47 a.m., February 29, 2016.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1188 and 1230 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair


Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1177 and 1204 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1051 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1143, 1144, 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 1214 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 State Affairs respectfully reports that it has had under consideration HB 1140 and returns the same with the recommendation that said bill be amended as follows:

1140yc

    On page 1, line 8, of the House engrossed bill, delete "municipality" and insert "county".

    On page 3, line 18, delete everything after "." .

    On page 3, delete lines 19 to 23, inclusive.

    On page 5, line 2, delete everything after "." .

    On page 5, delete lines 3 to 7, inclusive.

    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 1238 and returns the same with the recommendation that said bill be amended as follows:

1238oa

    On page 2, line 22, of the printed bill, delete everything after "." .

    On page 2, delete line 23.

    On page 2, line 24, delete everything before "Any" .

    And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1079 and 1157 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Bruce Rampelberg, Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill be amended as follows:

49me

    On page 1 of the printed bill, delete lines 5 to 15, inclusive, and insert:

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    If a document, statement, or report is filed in the Office of the Secretary of State pursuant to §§ 47-1A-122, 47-28-6, 47-34A-212, 48-7-206.1, and 48-7A-1208 and the document, statement, or report is not filed electronically, but is able to be filed electronically and is allowed to be filed electronically, an additional fee of fifteen dollars shall be collected. The fee collected pursuant to this section shall be deposited in the general fund.

    Section 2. That § 47-34A-212 be amended to read:

    47-34A-212. The secretary of state shall charge and collect for:

            (a)    Filing the articles of organization in the case of a domestic limited liability company, a filing fee of one hundred fifty dollars. Filing the articles of organization in the case of a foreign limited liability company, a filing fee of seven hundred fifty dollars;
            (b)    Deleted by SL 2004, ch 279, § 2.
            (c)    A reporting fee of fifty dollars, due and payable with the filing of each annual report. Each entity that does not file or refuses to file its annual report within the time prescribed is subject to a penalty of fifty dollars to be assessed by the secretary of state.

    Section 3. That § 1-8-12 be amended to read:

    1-8-12. The secretary of state shall charge a fee of fifty dollars for any expedited service. Expedited service is defined as completion sooner than the normal course of business upon request. The office shall deposit any revenue from this fee into the financing statement and annual report filing fee fund. ".


    Delete page 2.

    On page 3, delete line 1.

    On page 3, line 9, delete everything after "."

    On page 3, delete line 10.

    On page 7, delete lines 4 to 24, inclusive, and insert:

"    Section 9. That § 37-11-1 be amended to read:

    37-11-1. Any person regularly engaging in or conducting a business in this state shall file a fictitious name statement unless one of the following apply:

            (1)    The name of the business plainly shows the true surname of each person interested in the business; or

            (2)    The name of the business is on file with the secretary of state in a required business filing.

    The fictitious name statement shall include the name, post office address, and residence address of each person interested in the business and the address where the main office of the business is to be maintained. The fictitious name statement shall be electronically filed with the secretary of state, or filed in paper form with any register of deeds in the state. The filing shall be renewed every fifth year thereafter. A fee of ten dollars shall be paid with each new filing and renewal. The fee shall be retained by the filing office receiving the filing deposited into the financing statement and annual report filing fee fund.

    Section 10. That § 37-11-2 be amended to read:

    37-11-2. A verified statement as described in § 37-11-1 shall be similarly filed upon any change of twenty-five percent or more of the ownership interest in the business. A fee of ten dollars shall be paid with each filing under this section. The fee shall be retained by the filing office receiving the filing deposited into the financing statement and annual report filing fee fund.

    Section 11. All fees collected by the secretary of state that are not specifically dedicated to the financing and annual report filing fee fund or for administering the concealed carry program pursuant to § 23-7-53 or for administering any concealed carry programs enacted by the Legislature after 2015, shall be deposited in the state general fund.

    Section 12. That § 57A-9-525 be amended to read:

    57A-9-525. (a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is the amount specified in subsection (c), if applicable, plus:

            (1)    Twenty-five dollars if the record is communicated in writing and consists of one page, and five dollars for additional pages. One dollar of this fee shall be deposited into the financing statement and annual report filing fee fund;

            (2)    Twenty dollars if the record is communicated by internet. One dollar of this fee shall be deposited into the financing statement and annual report filing fee fund; and

            (3)    Twenty-five dollars if the record is communicated by another medium authorized by filing-office rule.

    (b) The secretary of state may request a fee for on-line services for UCC data images available on a subscription basis. The office shall deposit any revenue from this fee into the financing statement and annual report filing fee fund.

    (c) Except as otherwise provided in subsection (e), the fee for filing, whether communicated in writing, electronically, or another medium authorized by filing-office rule, and indexing an initial financing statement of the following kind is the amount specified in subsection (c), if applicable, plus:

            (1)    Forty dollars if the financing statement indicates that it is filed in connection with a public-finance transaction;

            (2)    Forty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.

    (c)(d) Except as otherwise provided in subsection (e), if a record is communicated in writing or electronically, the fee for each name more than one required to be indexed is three dollars.

    (d)(e) The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:

            (1)    Twenty dollars if the request is communicated in writing; and

            (2)    Ten dollars if the request is communicated by internet authorized by filing-office rule.

    Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of one dollar per page.

    (e)(f) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under § 57A-9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply. ".

    On page 8, delete lines 1 to 4, inclusive.

49mtb

    On page 1, line 1, of the printed bill, delete everything after "state," .

    On page 1, line 2, delete "revise the allocation of fees,".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill be amended as follows:

67gc

    On page 1, between lines 3 and 4 of the printed bill, insert:

"    Section 1. That § 13-55A-14 be amended to read:

    13-55A-14. There is hereby created in the education enhancement trust fund the South Dakota need-based postsecondary scholarship grant fund for the purpose of providing grants and scholarships through the Board of Regents pursuant to this chapter to qualified students for the need-based grant program pursuant to chapter 13-55A and the critical teaching needs scholarship program pursuant to §§ 13-55-64 to 13-55-71, inclusive. Any contributions into the education enhancement trust fund not designated for any other purpose shall be allocated to the need-based postsecondary scholarship grant fund. All distributions from the South Dakota need-

based postsecondary scholarship grant fund are subject to transfer to the general fund and expenditure of all distributions shall be by an appropriation by the Legislature through the General Appropriations Act or special appropriations acts for the need-based postsecondary scholarship grant programs consistent with the provision of S.D. Const., Art. XII,§ 6, and § 4-5-29.2. The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of this section. For each fiscal year, the board may determine the amounts awarded for each scholarship grant program and shall award all available funds from the postsecondary scholarship grant fund annual transfer pursuant to § 4-5-29.2.

    Section 2. That § 4-5-29.2 be amended to read:

    4-5-29.2. Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the market value of the education enhancement trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment officer shall calculate an amount equal to four percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year 2008, the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the education enhancement trust fund to the state general fund as soon as practicable after July first of the next fiscal year. For fiscal year 2017, the portion of the transfer to the general fund for the postsecondary scholarship grant programs shall be $126,707.35. Beginning in fiscal year 2015 2018, the portion of the transfer to the general fund for the need-based matching program postsecondary scholarship grant programs, shall be calculated by the state investment officer based on the relative share of the contributions made to the need-based postsecondary scholarship grant fund created pursuant to § 13-55A-14 to the most recently calculated total fair value of the education enhancement fund including the contribution. The calculation shall be updated monthly to reflect any additional contributions to the education enhancement trust fund and the portion of the transfer to the general fund for the need-based matching program postsecondary scholarship grant programs shall be based on the average of the monthly calculation as of December thirty-first, using the months available for the first forty-eight months and then the most recent forty-eight calendar months thereafter.

    Beginning in fiscal year 2015, a portion of the funds annually distributed to the general fund pursuant to this section representing the percentage of the appropriation in SL 2013, ch 91, § 9, when deposited, to the total fair value of the education enhancement fund applied to the distribution amount shall be used to fund the critical teaching needs scholarship program created in §§ 13-55-64 to 13-55-71, inclusive.

    Section 3. The state treasurer shall transfer the original contribution of one million five hundred thousand dollars from the critical teaching needs scholarship fund pursuant to § 13-55-64 and one million five hundred thousand dollars from the need-based grant fund created pursuant to § 13-55A-14 into the postsecondary scholarship grant fund. The state investment officer shall calculate the fair value of the transfer amounts for purposes of the monthly calculations per § 4-5-29.2 using the most recent monthly calculation applied to the most recently calculated total fair value of the education enhancement trust fund.".


    On page 1, line 5, delete "need-based" and insert "postsecondary scholarship".

    On page 1, line 8, delete "need-based" and insert "postsecondary scholarship".

67gta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "establish a postsecondary scholarship grant fund, to make an appropriation therefor, to transfer certain money, and to declare an emergency.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill be amended as follows:

46ja

    On page 1, line 12, of the printed bill, overstrike "fee of".

    On page 1, delete lines 13 to 15, inclusive, and insert "hundred dollars for open-end management companies with total net assets of fifty million dollars or less, or a filing fee of one thousand dollars for open-end management companies with total net assets of more than fifty million".

    On page 2, line 1, remove the overstrikes from "less than two hundred fifty million dollars, or a filing fee of two thousand".

    On page 2, remove the overstrikes from line 2.

    On page 2, line 3, remove the overstrikes from "than two hundred fifty million dollars".

    On page 2, line 3, delete "company".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 87 and 88 which were tabled.



Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 161 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Deb Peters, Co-Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1015 and 1017 which have been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 8, 33, 39, 52, 57, 114, and 120 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

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

c1007ja

    Sen. Monroe moved that HCR 1007 be amended as follows:

    On page 2, line 15, of the printed resolution, after "restrictions" insert ",".

    On page 2, line 16, after "nutrients" insert ",".

    Which motion prevailed.


        Sen. Cammack moved that the Senate do concur in HCR 1007 as found on page 278 of the House Journal and as amended on page 474 of the Senate Journal.

    The question being on Sen. Cammack's motion that HCR 1007 be concurred in as amended.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in as amended.

    HCR 1015: A CONCURRENT RESOLUTION, Commending Taiwan's presidential election; supporting Taiwan's efforts to secure entry to the Trans-Pacific Partnership (TPP) and the signing of the Free Trade Agreement (FTA) and the Bilateral Investment Agreement (BIA) with the United States; and reaffirming support for increasing Taiwan's international profile and for strengthening and expanding sister-state ties between South Dakota and Taiwan.

    Was read the first time, the President waived the referral to committee, and placed HCR 1015 on the calendar of Tuesday, March 1st, the 30th legislative day.

    HCR 1017: A CONCURRENT RESOLUTION, Commending the nation of Israel for its cordial and mutually beneficial relationship with the United States and with the State of South Dakota.

    Was read the first time, the President waived the referral to committee, and placed HCR 1017 on the calendar of Tuesday, March 1st, the 30th legislative day.

    Sen. Brown moved that HB 1182 be placed to follow HB 1005 on today's calendar.

    Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEES

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

    Joint Committee on Appropriations on SB 96 as found on page 447; also

    Joint Committee on Appropriations on SB 47 as found on page 448 of the Senate Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

    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.

    Was read the second time.

    The question being "Shall HB 1163 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

    Was read the second time.


1141rb

    Sen. Rusch moved that HB 1141 be amended as follows:

    On page 5, line 23, of the Senate Health and Human Services Committee engrossed bill, after "(25)" insert "during the past five years".

    On page 7, line 2, delete everything after "felony" and insert "or misdemeanor".

    On page 7, delete lines 3 and 4.

    On page 7, line 5, delete "a felony or a lesser crime".

    On page 7, line 6, after "(25)" insert "during the past five years".

    On page 11, line 3, delete "crime of" and insert "felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five years".

    On page 11, delete line 4.

    On page 11, line 5, delete "narcotics,".

    Which motion prevailed.

    The question being "Shall HB 1141 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

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

    Was read the second time.



    The question being "Shall HB 1080 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

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

    Was read the second time.

    The question being "Shall HB 1213 pass?"

    And the roll being called:

    Yeas 29, Nays 6, Excused 0, Absent 0

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

    Nays:
Bradford; Buhl O'Donnell; Heinert; Hunhoff (Bernie); Jensen (Phil); Sutton

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

    HB 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.

    Was read the second time.

    The question being "Shall HB 1189 pass as amended?"


    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; 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:
Hunhoff (Bernie)

    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 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.

    Was read the second time.

    The question being "Shall HB 1201 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

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

    Was read the second time.

    The question being "Shall HB 1187 pass?"

    And the roll being called:



    Yeas 27, Nays 8, Excused 0, Absent 0

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

    Nays:
Bradford; Buhl O'Donnell; Curd; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Sutton

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

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

    Was read the second time.

    The question being "Shall HB 1120 pass?"

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

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

    Nays:
Peters; Sutton

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

    HB 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.

    Was read the second time.

    The question being "Shall HB 1136 pass as amended?"


    And the roll being called:

    Yeas 30, Nays 5, Excused 0, Absent 0

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

    Nays:
Greenfield (Brock); Jensen (Phil); Omdahl; Peters; Peterson (Jim)

    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 HB 1005 and 1182 be deferred to Tuesday, March 1st, the 30th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background investigations for prospective employees of the postsecondary technical institutes and to transfer certain funds regarding postsecondary technical credentialing.

    SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding chemical testing and revocations of driver licenses for persons under the age of twenty-one.

    SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fees for sponsored captive insurance companies.

    SB 52: FOR AN ACT ENTITLED, An Act to establish procedures for reporting federal tax changes for purposes of the bank franchise tax.

    SB 57: FOR AN ACT ENTITLED, An Act to redefine the term, written agreement, relating to contracts between a debtor and creditor.

    SB 114: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to the commissioning of the USS South Dakota and to declare an emergency.


    SB 120: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, dentists, physician assistants, and nurse practitioners who have complied with the requirements of the recruitment assistance program and to declare an emergency.

    HB 1004: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes regarding counties.

    HB 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions related to genetic counselor licensure.

    HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the annual conference between county commissioners and the director of equalization.

    And signed the same in the presence of the Senate.


    Sen. Haverly moved that the Senate do now adjourn, which motion prevailed and at 3:28 p.m. the Senate adjourned.

Kay Johnson, Secretary

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