JOURNAL OF THE SENATE

NINETY-FOURTH SESSION




THIRTY-FOURTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 5, 2019

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

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Thomina Niles.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-third day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Brock L. Greenfield, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1035 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1034 and 1219 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration
HCR 1006 and returns the same with the recommendation that said resolution be amended as follows:

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    On page 2, line 3, of the printed resolution, before "Common" insert "No Child Left Behind, Race to the Top, the".

    On page 2, line 8, delete "made abolishing" and insert "spoke against the necessity of".

    On page 2, delete line 9, and insert "during his 2014 campaign:".

    And returns the same without recommendation.

Respectfully submitted,
Alan Solano, Chair

    The President Pro Tem appointed Sen. Wismer to replace Sen. Foster on the Senate Ag & Natural Resources Committee for Tuesday, March 5th, the 34th Legislative Day.


MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1007 and returns the same with the recommendation that said resolution be amended as follows:

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    On page 2 of the printed resolution, delete lines 15 to 21, inclusive.

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    On the printed resolution, delete lines 3 to 14, inclusive, and insert:

"

    WHEREAS, voluntary Country of Origin Labeling (COOL) that conforms with COOL parameters and meets World Trade Organization requirements should be supported; and

    WHEREAS, the United States Department of Agriculture should administer rules and regulations for certification; and

    WHEREAS, the implementation of COOL should not impose undue compliance costs, liability, record keeping and verification requirements on farmers and ranchers; and

    WHEREAS, the inclusion of all dairy products should be in voluntary COOL rules and regulations; and

    WHEREAS, the United States mandatory COOL law jeopardized the viability of United States packing and United States feeding infrastructure, placing local and state economies at risk; and

    WHEREAS, the 2013 mandatory COOL would have cost over seven billion in the loss of U.S. ag exports, including losing over twenty-five percent of the United States fresh and chilled beef exports; and

    WHEREAS, mandatory COOL undermines North American competitiveness in the global market:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature supports consumers' right to know where their food comes from and supports the use of voluntary country-of-origin labels, and that the Legislature encourages the United States Department of Agriculture to develop and create administrative rules and regulations of certification for a voluntary COOL program."

    Delete pages 2 and 3, inclusive.


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    On page 1, line 1, of the printed resolution, delete everything after "RESOLUTION," and insert "Expressing and encouraging support for voluntary country-of-origin labels.".

    On page 1, delete line 2.

    And that as so amended said resolution do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 12 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 18, 34, 36, 40, 43, 45, 53, 63, 75, 76, 77, 78, 85, 90, 100, 113, 121, 129, 143, and 154 were delivered to her Excellency, the Governor, for her approval at 10:00 a.m., March 5, 2019.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1, 55, 64, 68, 70, 72, 73, 96, 99, 115, 124, and 155 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith SB 1, 68, 96, 99, 115, 124, and 155 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 16, 59, and 123 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk


MOTIONS AND RESOLUTIONS

    Sen. Steinhauer moved that the Senate do concur in House amendments to SB 61.

    The question being on Sen. Steinhauer's motion that the Senate do concur in House amendments to SB 61.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Cronin; Partridge; Russell

    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. Langer moved that HB 1187, 1251, 1259, 1261, 1254, 1264, 1256, 1066, and 1212 be deferred to Wednesday, March 6th, the 35th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on HB 1099 as found on page 586 of the Senate Journal; also

    Health and Human Services on HB 1250 as found on page 563 of the Senate Journal; also



    Senate Committee on Appropriations on HB 1186 as found on page 562 of the Senate Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Kennedy requested that HB 1189 be removed from the Consent Calendar.

    SCR 13: A CONCURRENT RESOLUTION, Recognizing the “Know Before You Fly” campaign as an official source of safety education for operators of unmanned aircraft systems and instructing the Department of Public Safety to educate the public about the campaign.

    HB 1110: FOR AN ACT ENTITLED, An Act to establish a penalty for certain persons who fail to file a birth certificate or who fail to provide the notice required for the filing of a death certificate.

    Were read the second time.

    The question being “Shall SCR 13 be adopted and HB 1110 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Cronin; Partridge

    So the bills and resolutions having received an affirmative vote of a majority of the members-elect, the President declared the bills passed and the titles were agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1093: FOR AN ACT ENTITLED, An Act to establish legal standards applicable to petition challenges.


    Was read the second time.

    The question being “Shall HB 1093 pass as amended?”

    And the roll being called:

    Yeas 28, Nays 5, Excused 2, Absent 0

    Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg

    Nays:
Foster; Heinert; Kennedy; Nesiba; Wismer

    Excused:
Cronin; Partridge

    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 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the attorney recruitment assistance program.

    Was read the second time.

    The question being “Shall HB 1046 pass?”

    And the roll being called:

    Yeas 26, Nays 7, Excused 2, Absent 0

    Yeas:
Blare; Cammack; Curd; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Nesiba; Novstrup; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Nays:
Bolin; DiSanto; Jensen (Phil); Monroe; Nelson; Otten (Ernie); Russell

    Excused:
Cronin; Partridge

    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 1180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection and storage of sexual assault kit evidence.

    Was read the second time.

    The question being “Shall HB 1180 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Cronin; Partridge

    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 1155: FOR AN ACT ENTITLED, An Act to provide for certain privileged communications between social workers and students.

    Was read the second time.

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    Sen. Solano moved that HB 1155 be amended as follows:

    On the Senate Education engrossed bill, delete all amendments, thus restoring the bill to the printed version.

    Which motion prevailed.

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    Sen. Jensen (Phil) moved that HB 1155 be amended as follows:

    On page 2, after line 6 of the Senate Education Committee engrossed bill, insert:

"    Section 2. That the code be amended by adding a NEW SECTION to read:


    A parent or guardian shall be notified by school authorities, if a minor dependent under the parent or guardian's care, expresses gender dysphoria, exhibits evidence of cutting, or any other behavior that may lead to serious self-harm or even death.".

    Which motion lost.


    The question being “Shall HB 1155 pass as amended?”

    And the roll being called:

    Yeas 27, Nays 8, Excused 0, Absent 0

    Yeas:
Blare; Cammack; Cronin; Curd; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Langer; Maher; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Nays:
Bolin; DiSanto; Jensen (Phil); Klumb; Kolbeck; Monroe; Nelson; Russell

    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 1216: FOR AN ACT ENTITLED, An Act to increase certain civil penalties for fleeing from police.

    Was read the second time.

    The question being “Shall HB 1216 pass as amended?”

    And the roll being called:

    Yeas 25, Nays 10, Excused 0, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; Ewing; Foster; Greenfield (Brock); Monroe; Nelson; Novstrup; Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Nays:
DiSanto; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Nesiba; Otten (Ernie)

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



    HB 1181: FOR AN ACT ENTITLED, An Act to create a habitat conservation emblem specialty plate.

    Was read the second time.

    The question being “Shall HB 1181 pass as amended?”

    And the roll being called:

    Yeas 19, Nays 15, Excused 1, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Ewing; Langer; Novstrup; Otten (Ernie); Partridge; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Wismer; Youngberg

    Nays:
Curd; DiSanto; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Rusch; Russell; Sutton

    Excused:
Foster

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

    HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain sales of goods and services by minors from the sales tax.

    Was read the second time.

    The question being “Shall HB 1204 pass?”

    And the roll being called:

    Yeas 20, Nays 15, Excused 0, Absent 0

    Yeas:
Blare; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Langer; Maher; Monroe; Nelson; Novstrup; Russell; Smith (VJ); Solano; Stalzer; White; Youngberg

    Nays:
Bolin; Cronin; Kennedy; Klumb; Kolbeck; Nesiba; Otten (Ernie); Partridge; Rusch; Schoenbeck; Soholt; Steinhauer; Sutton; Wiik; Wismer

    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 1111: FOR AN ACT ENTITLED, An Act to provide for professional or occupational licensure for certain active duty military personnel and spouses.

    Was read the second time.

    The question being “Shall HB 1111 pass as amended?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    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 1171: FOR AN ACT ENTITLED, An Act to allow certain veterans to attend courses offered at postsecondary technical institutes without payment of tuition.

    Was read the second time.

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    Sen. Schoenbeck moved that HB 1171 be amended as follows:

    On page 2, line 12, of the printed bill, after "." insert "The state shall provide the benefit under this section to the Board of Regents or postsecondary technical institute within thirty days after commencement of each academic term.".


    Which motion prevailed.

    The question being “Shall HB 1171 pass as amended?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg



    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 provisions regarding group pheasant hunts for disabled veterans.

    Was read the second time.

    The question being “Shall HB 1201 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    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 1191: FOR AN ACT ENTITLED, An Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

    Was read the second time.

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    Sen. Youngberg moved that HB 1191 be amended as follows:

    On page 2, line 18, of the House engrossed bill, before "anyone" insert "compliance by".

    On page 2, line 18, after "license" delete "for" and insert "with".

    On page 2, line 19, delete "or process and produce" and insert ", produce, or process".

    On page 2, line 20, after "Act" delete "may" and insert ", or an employee of the licensed applicant, may intentionally".

    On page 3, line 2, after "activities," insert "before initial licensure and any subsequent license renewal,".

    On page 3, line 3, delete "for initial licensure and each license renewal thereafter" and insert "and each of the applicant's employees who have access to and control over industrial hemp in the ordinary course of their employment" .

    On page 3, line 5, after "." insert "The department shall require any of the applicant's employees covered by this section, hired by the applicant subsequent to licensure, to submit to the same criminal history record check at the time the employee is hired.".

    On page 4, line 1, delete "products" and insert "material".

    On page 4, line 2, delete "licensee" and insert "applicant".

    On page 4, delete lines 15 and 16, insert:

"documentation indicating compliance with the following, as applicable:

            (1)    That the seeds planted were of a type and variety certified to have no more than three-tenths of one percent tetrahydrocannabinol;
            (2)    That the industrial hemp harvested contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis at the time of harvest;
            (3)    That the industrial hemp processed contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent at the time of receipt of the raw material to be processed; and
            (4)    That the product resulting from the processing of industrial hemp contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent at the time of shipment or sale by the processor.".

    On page 4, line 24, after "grower" insert ", producer, or processor".

    On page 5, delete line 2, and insert "The following state agencies shall promulgate rules, pursuant to chapter 1-26, in the following areas:".

    On page 5, line 3, delete "Establish" and insert "The Department of Agriculture shall establish".

    On page 5, line 5, delete "Make" and insert "The Department of Agriculture shall make".

    On page 5, line 5, after "program" insert "and rules adopted pursuant to this Act".

    On page 5, line 6, after "regarding" insert "industrial".

    On page 5, line 7, delete "and".

    On page 5, line 8, delete "Establish an inspection fee" and insert "The Department of Agriculture shall establish inspection, testing, licensure, and other fees under this Act, not to exceed one thousand dollars, in each instance".

    On page 5, line 9, after "fund" insert ";

            (4)    The Department of Agriculture shall establish certification criteria and testing procedures for industrial hemp seed;
            (5)    The Department of Public Safety shall establish requirements for licensure of transportation of industrial hemp in and through South Dakota, whether by a licensed grower, producer, or processor or by persons contracting for such transportation, provided that all such standards shall be consistent with federal law, including federal laws regarding industrial hemp and interstate commerce of industrial hemp; and
            (6)    The Department of Health shall establish rules for the revocation of a license to produce or process industrial hemp under the circumstances set forth in section 17 of this Act".

    On page 5, line 11, after "Agriculture" insert ", in consultation with the Department of Public Safety and the Department of Health,".

    On page 5, after line 24, insert:

"    Section 14. That the code be amended by adding a NEW SECTION to read:

    The transportation of industrial hemp in South Dakota is prohibited, except for the following:

            (1)    Persons licensed pursuant to this Act and employees of such licensees under section 5 of this Act;
            (2)    Persons authorized or licensed for transportation of industrial hemp under this Act, including persons authorized for interstate transportation of industrial hemp by a valid state or federal authority;
            (3)    Seed suppliers licensed pursuant to this Act;
            (4)    Persons under contract with South Dakota state government pursuant to this Act; and
            (5)    State or federal government and law enforcement officials in the ordinary conduct of their office.

    Section 15. That the code be amended by adding a NEW SECTION to read:

    Except for willful or wanton misconduct, a law enforcement officer described in this Act, or a surety on his or her official bond, may not be liable for any damages claimed to have been incurred by reason of any damages allegedly arising from the regulation of industrial hemp under this Act, including loss of time, shrinkage, or related damages.

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

    Notwithstanding any other provision of law, a person licensed to grow industrial hemp under this Act shall grow the plant only in a field open to the air above throughout the year.

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


    As used in section 3 of this Act, the term, cannabinoids, includes cannabidiol, which shall be defined for purposes of this section as a processed cannabinoid product derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent. A person licensed under this Act shall be permitted to produce or process cannabidiol, provided:

            (1)    The licensee complies with all provisions of this Act and regulations adopted pursuant to the Act; and
            (2)    The United States Food and Drug Administration does not enact any new regulations or issue official decisions, within its established jurisdiction over food and drugs under the federal Food, Drug & Cosmetics Act, directly prohibiting the introduction into interstate commerce of the specific cannabidiol products produced or processed by the licensee.

    Section 18. That the code be amended by adding a NEW SECTION to read:

    The Department of Health shall revoke the license of any licensee under this Act if the licensee produces or processes one or more specific cannabidiol products under this section that have been directly prohibited for introduction into interstate commerce by new regulations adopted, or official decisions issued, by the Food & Drug Administration. Before revocation of a license under this section, the licensee shall be afforded:

            (1)    Thirty days in which to cease production or processing of the specific cannabidiol product or products directly prohibited by the Food & Drug Administration; and
            (2)    A contested case hearing and other procedures provided under chapter 1-26.

    In the event the licensee demonstrates that he or she has ceased production or processing of the specific cannabidiol product or products directly prohibited by the Food & Drug Administration within thirty days of written notice from the Department of Health, the licensee shall be authorized to continue the production or processing of any industrial hemp products for which it has been licensed under this Act and which have not been directly prohibited by the Food & Drug Administration.".


    Which motion prevailed.

    The question being “Shall HB 1191 pass as amended?”

    And the roll being called:

    Yeas 21, Nays 14, Excused 0, Absent 0

    Yeas:
Cammack; Curd; DiSanto; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Maher; Nelson; Nesiba; Otten (Ernie); Rusch; Smith (VJ); Soholt; Solano; Steinhauer; Wismer; Youngberg


    Nays:
Blare; Bolin; Cronin; Ewing; Langer; Monroe; Novstrup; Partridge; Russell; Schoenbeck; Stalzer; Sutton; White; Wiik

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

    Sen. Youngberg announced his intention to reconsider the vote by which HB 1191 lost.

    Sen. Youngberg moved that the Senate do now reconsider the vote by which HB 1191 lost.

    The question being on Sen. Youngberg's motion to reconsider the vote by which HB 1191 lost.

    And the roll being called:

    Yeas 23, Nays 12, Excused 0, Absent 0

    Yeas:
Cammack; Curd; DiSanto; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Solano; Steinhauer; Wismer; Youngberg

    Nays:
Blare; Bolin; Cronin; Ewing; Langer; Novstrup; Russell; Schoenbeck; Stalzer; Sutton; White; Wiik

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1191 was up for reconsideration and final passage.

    Sen. Youngberg moved that HB 1191 be deferred to Wednesday, March 6th, the 35th legislative day.

    Which motion prevailed.

    The President publicly read the title to

    SB 1: FOR AN ACT ENTITLED, An Act to add a legislator to the membership of the Extraordinary Cost Oversight Board, to establish the board in statute, and to repeal the administrative rules creating the board.

    SB 55: FOR AN ACT ENTITLED, An Act to require the national motto of the United States to be displayed in public schools.



    SB 64: FOR AN ACT ENTITLED, An Act to require certain wind energy facilities to include aircraft detection lighting systems.

    SB 68: FOR AN ACT ENTITLED, An Act to define certain acts as misbranding of food products.

    SB 70: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding hospital liens.

    SB 72: FOR AN ACT ENTITLED, An Act to provide for a form a physician must use to obtain consent to an abortion.

    SB 73: FOR AN ACT ENTITLED, An Act to revise qualifications for sanitary district trustees.

    SB 96: FOR AN ACT ENTITLED, An Act to expand application of the tax credit for contributions to a scholarship granting organization.

    SB 99: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding commercial security deposits.

    SB 115: FOR AN ACT ENTITLED, An Act to authorize the conditional carrying of a concealed pistol in the state capitol by certain persons.

    SB 124: FOR AN ACT ENTITLED, An Act to provide for the transportation of alcoholic beverages by retail licensees.

    SB 155: FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds for the Michael J. Fitzmaurice Veterans Home.

    HB 1080: FOR AN ACT ENTITLED, An Act to increase the property tax exemption allowed for certain veterans with a disability and the surviving spouses of certain veterans with a disability.

    HB 1081: FOR AN ACT ENTITLED, An Act to authorize certain paraplegic or amputee veterans or their surviving spouses to retain a property tax exemption without having to reapply each year.

    HB 1122: FOR AN ACT ENTITLED, An Act to revise references to persons who are deaf or hard of hearing.

    HB 1176: FOR AN ACT ENTITLED, An Act to provide for the regulation of saline tattoo removal by municipalities.

    HB 1215: FOR AN ACT ENTITLED, An Act to revise provisions regarding the posting of county and municipality ordinances.


    HB 1242: FOR AN ACT ENTITLED, An Act to include opossums within the definition of predator and to declare an emergency.

    And signed the same in the presence of the Senate.

    Sen. Soholt moved that the Senate do now adjourn, which motion prevailed and at
4:46 p.m. the Senate adjourned.

Kay Johnson, Secretary