JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

THIRTY-FIFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 6, 2019

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

The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by Senate page Claire Rydberg.

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-fourth 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 Local Government respectfully reports that it has had under consideration HB 1090 and 1146 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1229, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1229jb

On the House Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. There is hereby appropriated from the general fund the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the Bureau of Finance and Management to provide a grant to the second century habitat fund held with the South Dakota Community Foundation and administered by the executive board of the second century habitat fund for the protection and enhancement of wildlife habitat across the state.

Section 2. The funds appropriated in section 1 of this Act shall be used to match one dollar of general funds for every one dollar received from private contributions, private donations, or may be used as matching funds for federal conservation programs or grants for which the second century habitat fund successfully applies or for any larger, collaborative effort of which the second century habitat fund is a partner and is administered by the executive board of the second century habitat fund.

Section 3. The funds appropriated in section 1 of this Act shall be used for program
operations and may not be added to an endowment.

Section 4. The commissioner of the Bureau of Finance and Management shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 5. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

And that as so amended said bill do pass.

Respectfully submitted,
John Wiik, Chair

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1195 and returns the same with the recommendation that said bill be amended as follows:

1195wa

On page 3, after line 18 of the House Judiciary Committee engrossed bill, insert:

" Section 2. That § 26-8C-15 be amended to read:

26-8C-15. The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal allegation of a probation violation is filed:

(1) The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;

(2) The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;

(3) The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;

(4) If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action as permitted by this chapter or chapter 26-7A which is in the best interests of the child and the public, except commitment to the Department of Corrections. The court may only commit a child to the Department of Corrections if the court finds that the violation committed constitutes a new law violation and finds that the aggravated circumstances as provided in subdivision 26-8C-7(10) or (11) exist;

(5) For the purposes of this section, new law violation is defined as delinquent behavior pursuant to § 26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of § 32-23-21; and

(6) If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms, conditions, and duration previously prescribed. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction. ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1132 which was tabled.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1130 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1084 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1177 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 HJR 1001 and returns the same with the recommendation that said resolution be amended as follows:

j1001ca

On the House Engrossed Joint Resolution, delete all amendments, thus restoring the bill to the printed version.

And that as so amended said resolution do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1087, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1087bd

On page 6 of the House engrossed bill, delete lines 13 to 15, inclusive, and insert:

(3) Recognize that it is not the proper role of an institution to attempt to shield individuals from free speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed;

(4) Recognize that although an institution should greatly value civility and mutual respect, concerns about civility and mutual respect may never be used by an institution as a justification for closing off the discussion of ideas, however offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed those ideas may be to some students or faculty;".

On page 6, line 16, delete "(4)" and insert "(5)".

On page 6, line 20, delete "(5)" and insert "(6)".

On page 6, line 23, delete everything after "not" and insert "substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject or even loathe;

(7) Recognize that an institution has a responsibility to promote a lively and fearless freedom of debate and deliberation and protect that freedom; and".

On page 6, delete line 24.

On page 7, line 1, delete "(6)" and insert "(8)".

1087bk

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

" Section 1. That chapter 13-53 be amended by adding a NEW SECTION to read:

As used in this Act:

(1) "Expressive activity," protected under the provisions of this Act includes any lawful noncommercial verbal or written means by which one person communicates ideas

to another, and includes peaceful assembly, protests, speeches, distribution of literature, the carrying of signs, and the circulation of petitions; and

(2) ''Intellectual diversity," denotes a learning environment that exposes students to and encourages exploration of a variety of ideological and political perspectives.

Section 2. That chapter 13-53 be amended by adding a NEW SECTION to read:

The Board of Regents shall require each institution under its control to maintain a commitment to the principles of free expression and encourage the timely and rational discussion of topics in an environment that is intellectually and ideologically diverse. Neither the Board of Regents nor any institution under its control may attempt to shield individuals from constitutionally protected speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

Section 3. That chapter 13-53 be amended by adding a NEW SECTION to read:

Any outdoor area within the boundaries of a public institution of higher education constitutes a designated public forum for the benefit of students, faculty, administrators, other employees, and their invited guests, to engage in expressive activity, unless access to the area is otherwise properly restricted.

A public institution of higher education may maintain and enforce lawful reasonable time, place, and manner restrictions regarding the use of the outdoor areas described in this section, if such restrictions are clear, narrowly tailored in the service of a significant institutional interest, published, content- and viewpoint- neutral, and provide alternate means of engaging in the expressive activity. Any such restrictions shall allow students, faculty, administrators, and other employees to spontaneously and contemporaneously assemble, as long as their conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution. Nothing in this section shall be interpreted as limiting the right of students, faculty, administrators, and other employees to engage in protected expressive activity elsewhere within the boundaries of the institution. An institution may not designate any area within its boundaries as a free speech zone or otherwise restrict expressive activities to particular areas within its boundaries in a manner that is inconsistent with this section.

Section 4. That chapter 13-53 be amended by adding a NEW SECTION to read:

A public institution of higher education, its faculty, administrators, and other employees, may not discriminate against any student or student organization based on the content or viewpoint of their expressive activity. Funds allocated to student organizations shall be distributed in a nondiscriminatory manner in accordance with applicable state and federal authority. Access to, and use of, facilities at a public institution of higher education shall be equally available to all student organizations, regardless of the ideological, political, or religious beliefs of the organization.

An institution may not prohibit an ideological, political, or religious student organization from requiring that its leaders or members of the organization affirm and adhere to the

organization's sincerely held beliefs, comply with the organization's standards of conduct, or further the organization's mission or purpose, as defined by the organization.

Section 5. That chapter 13-53 be amended by adding a NEW SECTION to read:

On or before December first of each year, the Board of Regents shall prepare and submit to the Governor and each member of the legislature a report that:

(1) Sets forth all actions taken by each institution to promote and ensure intellectual diversity and the free exchange of ideas; and

(2) Describes any events or occurrences that impeded intellectual diversity and the free exchange of ideas."

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 1265 and returns the same with the recommendation that said bill be amended as follows:

1265wd

On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 10-64-9 be amended to read:

10-64-9. If the state is able to enforce the obligation to collect and remit sales tax on remote sellers who deliver tangible personal property, products transferred electronically, or services directly to the citizens of South Dakota, the additional net revenue from such obligation shall be used to reduce the rate of certain taxes. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 shall be reduced by one-tenth percent on July first following the calendar year for which each additional twenty million dollar increment of net revenue is collected and remitted by such remote sellers. However, the rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 may not be reduced below four percent pursuant to the provisions of this section. The Department of Revenue shall prepare and submit to the Joint Committee on Appropriations, no later than the twenty-first legislative day, calculations of actual revenue reported during the immediately preceding calendar year under §§ 10-64-2 and 10-65-5. The calculation of revenue reported under § 10-64-2 may not include any revenue reported prior to November 1, 2018. If the revenue reported in a calendar year exceeds the revenue reported in the immediately preceding calendar year by at least twenty million dollars, the committee may introduce legislation to reduce the rate of tax under §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58. 10-46-69, 10-46-69.1, 10-46-

69.2, 10-46E-1, and 10-58-1 by one-tenth percent for each increment of twenty million dollars. The rate of tax reduced under this section may not be less than four percent. "

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
SR 5 and returns the same with the recommendation that said resolution be amended as follows:

r5ba

On page 1, line 5 of the printed resolution, delete everything after "New York" and insert "recently passed an abortion law essentially making it".

On page 1, line 9, delete "2018" and insert "2017".

On page 1, line 11, delete "8,326,000" and insert "7.6 million".

On page 1, line 12, delete "2017" and insert "2018".

On page 2, line 6, delete "2018" and insert "2017".

On page 3, line 10, delete "thirty-eighty" and insert "thirty-eight".

On page 3, line 23, delete everything after "abortion" and insert "law passed in New York; and".

And that as so amended said resolution not be adopted.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SR 4 which was tabled.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 189 and 190 and returns the same with the recommendation that said bills do pass.

Respectfully submitted, Respectfully submitted,
John Wiik, Co-Chair Chris G. Karr, Co-Chair

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1190 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill be amended as follows:

1209ya

On page 1 of the House engrossed bill, delete lines 5 to 10, inclusive, and insert:

(1) "Electronic smoking device," any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product;".

And that as so amended said bill do pass.

Respectfully submitted,
Deb Soholt, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 54, 61, 74, 149, 153, 173, 174, 175, and 177 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 84, 92, 98, 114, and 163 were delivered to her Excellency, the Governor, for her approval at 10:15 a.m.,
March 6, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 3, 8, 48, 56, 128, and 178 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith SB 54, 74, 149, 153, 173, 174, 175, and 177 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 8 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 93 was tabled.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rusch moved that the Senate do concur in House amendments to SB 59.

The question being on Sen. Rusch's motion that the Senate do concur in House amendments to SB 59.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Solano

Excused:
Foster

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. Stalzer moved that the Senate do concur in House amendments to SB 16.

The question being on Sen. Stalzer's motion that the Senate do concur in House amendments to SB 16.

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; 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; Wismer; Youngberg

Nays:
Blare; Partridge; Wiik

Excused:
Foster

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 Thursday, March 7^th, the 36^th legislative day.

Which motion prevailed.

Sen. Langer moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, March 7^th, the 36^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HCR 1007 as found on page 605 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Nelson moved that HCR 1006 be placed on the calendar of Thursday, March 7^th,
the 36^th legislative day.

The question being on Sen. Nelson's motion that HCR 1006 be placed on the calendar of Thursday, March 7^th, the 36^th legislative day.

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Blare; Curd; DiSanto; Greenfield (Brock); Jensen (Phil); Maher; Monroe; Nelson; Otten (Ernie); Russell; Stalzer; Sutton; Youngberg

Nays:
Bolin; Cammack; Cronin; Ewing; Heinert; Kennedy; Klumb; Kolbeck; Langer; Nesiba; Novstrup; Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; White; Wiik; Wismer

Excused:
Foster

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance contribution rates.

HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding surplus line insurance.

Were read the second time.

The question being “Shall HB 1034 pass and 1219 pass as amended?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Nesiba

Excused:
Foster

So the bills 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 1186: FOR AN ACT ENTITLED, An Act to repeal the termination of the juvenile detention cost-sharing fund.

Was read the second time.

The question being “Shall HB 1186 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; 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

Excused:
Foster

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 1250: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding professional counselors and marriage and family therapists.

Was read the second time.

The question being “Shall HB 1250 pass as amended?”

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Nelson; Solano

Excused:
Foster

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 1099: FOR AN ACT ENTITLED, An Act to provide for the designation of a caregiver to receive information regarding residents of treatment facilities.

Was read the second time.

The question being “Shall HB 1099 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; 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

Excused:
Foster

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 1035: FOR AN ACT ENTITLED, An Act to rename the unemployment insurance program to the reemployment assistance program.

Was read the second time.

The question being “Shall HB 1035 pass?”

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Heinert; Kennedy; Klumb; Kolbeck; Langer; Monroe; Nelson; Novstrup; Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Nays:
Greenfield (Brock); Jensen (Phil); Maher; Nesiba; Otten (Ernie); Solano

Excused:
Foster

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 1189: FOR AN ACT ENTITLED, An Act to provide for a period to cure certain campaign finance violations.

Was read the second time.

The question being “Shall HB 1189 pass?”

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Heinert; Kennedy; Maher; Nesiba; Otten (Ernie); Rusch; Wismer

Excused:
Foster

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.

Having had its second reading was up for reconsideration and final passage.

1191jh

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

On page 3 of the House engrossed bill, delete lines 14 to 20, inclusive.

On page 4, line 3, delete "industrial hemp licensure" and insert "general".

On page 4, line 4, delete "program".

On page 5, line 8, delete "industrial" and insert "general".

On page 5, line 9, delete everything before "fund" .

Sen. Youngberg requested a roll call vote.

Which request was supported.

The question being on Sen. Youngberg's motion that HB 1191 be amended.

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

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

Nays:
Blare; Cronin; Ewing; Kolbeck; Langer; Monroe; Partridge; 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.

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

SIGNING OF BILLS

The President publicly read the title to

SB 54: FOR AN ACT ENTITLED, An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.

SB 61: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding nursing facility closures.

SB 74: FOR AN ACT ENTITLED, An Act to revise provisions regarding multiple convictions for certain offenses.

SB 149: FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize a brand registration application fee.

SB 153: FOR AN ACT ENTITLED, An Act to authorize the Game, Fish and Parks Commission to provide for a special hunting license with the proceeds to be used for habitat.

SB 173: FOR AN ACT ENTITLED, An Act to make an appropriation to fund certain health care innovation grants, to require certain reports, expedite the nursing home rate methodology review, and to declare an emergency.

SB 174: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of a health services building and renovation at the Jameson Prison Annex on the grounds of the state penitentiary and to declare an emergency.

SB 175: FOR AN ACT ENTITLED, An Act to make an appropriation for the South Dakota Ellsworth Development Authority and to declare an emergency.

SB 177: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety to remodel an existing structure in Sturgis for use as the state metrology lab, to make an appropriation therefor, and to declare an emergency.

HB 1032: FOR AN ACT ENTITLED, An Act to revise provisions regarding money transmission.

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use and possession of scanning devices and reencoders.

HB 1053: FOR AN ACT ENTITLED, An Act to revise the value of gifts permitted for certain insurance advertising or promotional programs.

HB 1103: FOR AN ACT ENTITLED, An Act to establish a lemon law for certain farm machinery.

HB 1193: FOR AN ACT ENTITLED, An Act to provide a criminal penalty for causing an abortion against a pregnant mother's will.

HB 1202: FOR AN ACT ENTITLED, An Act to revise the number of qualified directors of a corporation needed to take certain actions.

HB 1272: FOR AN ACT ENTITLED, An Act to provide for remote notarization.

And signed the same in the presence of the Senate.

Sen. Youngberg moved that the Senate do now adjourn, which motion prevailed and at 3:12 p.m. the Senate adjourned.

Kay Johnson, Secretary