JOURNAL OF THE SENATE

NINETY-SECOND SESSION



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 3, 2017

    The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of Allegiance led by Senate page Dara Ness.

    Roll Call: All members present except Sens. Peters and Nesiba 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 fifteenth 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 Transportation respectfully reports that it has had under consideration SB 97 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill be amended as follows:

19zb

    On page 1, line 8, of the printed bill, before "deposit" insert "shall".

    On page 2, line 3, before "deposit" insert "shall".

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 36 and returns the same with the recommendation that said bill be amended as follows:

36fb

    On page 1 of the printed bill, delete lines 12 and 13 and insert "monthly period and remit the tax on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 2, delete lines 15 and 16 and insert "monthly period and remit the tax on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 3, delete lines 8 and 9 and insert "each monthly period and remit the tax remitted on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 4, delete lines 2 and 3 and insert "monthly period and remit the tax on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 4, delete lines 19 and 20 and insert "monthly period and remit the tax on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 5, delete lines 13 and 14 and insert "monthly period and remit the tax on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 6, delete lines 8 and 9 and insert "monthly period and remit the tax on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 7, delete lines 1 and 2 and insert "monthly period and remit the tax on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 7, delete lines 18 and 19 and insert "monthly period and remit the tax on or before the second to the last twenty-fifth day of the month following each monthly period.".

    On page 8, line 13, delete everything after "before the" and insert "twenty-fifth day of the month following each period.".

    On page 9, line 6, delete everything after "before the" and insert "second to the last twenty-fifth day of the month following each period. For the".

    On page 9, delete lines 9 and 10 and insert "the month which are If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a."

    On page 10, delete lines 18 and 19 and insert "this section shall be made on or before the second to the last twenty-fifth day of the month following each monthly period. Remittances are considered".

    On page 10, line 23, delete "A business day is" and insert "If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that is not".

    On page 10, line 24, delete "not a day that is".

    On page 12, line 5, delete "timely if received" and insert "due".

    On page 12, line 8, delete everything after "before the" and insert "twenty-fifth day of the month following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that is not a Saturday, Sunday, legal holiday".
    On page 12, delete line 9.

    On page 12, delete line 21 and insert "on or before the second to the last twenty-fifth day of the month following each semiannual period. For the ".

    On page 13, delete line 1 and insert "the Federal Reserve Bank is closed.".

    On page 13, line 4, delete everything after "before the" and insert "second to the last twenty-fifth day of the month following".

    On page 13, line 5, delete "each monthly period." and insert "each monthly period.".

    On page 13, line 8, delete everything after "closed" and insert ".".

    On page 13, delete line 9.

    On page 13, line 13, delete everything after "before the" and insert "second to the last twenty-fifth day of the month following each quarterly".

    On page 13, line 14, remove the overstrikes from "period."

    On page 13, line 17, delete everything after "closed" and insert ".".

    On page 13, delete line 18.

    On page 14, line 6, delete "nineteenth" and insert "twenty-second".

    On page 19, line 5, delete "second business day" and insert "twenty-fifth day of the month following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that is not a Saturday,".

    On page 19, delete line 6.

    On page 20, line 20, delete everything after "before the" and insert "second to the last twenty-fifth day of the month following each monthly period. For the purpose".

    On page 20, delete lines 23 and 24 and insert "If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day on which the Federal Reserve Bank is closed.".
    On page 20, after line 24, insert:

"    Section 38. Any electronic filing not made by the twentieth day of the month as required by this Act but made no later than the twenty-third day of that month may not be assessed penalty pursuant to § 10-59-6 for late filing. Any electronic payment not made by the twenty-fifth day of the month as required by this Act but made no later than the second to last business day of that month may not be assessed interest pursuant to § 10-59-6 for late payment. This section is repealed on July 1, 2018.".


    And that as so amended said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 106 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 SB 77 and returns the same with the recommendation that said bill be amended as follows:

77ba

    On page 1, line 11, of the printed bill, after "notice" insert "of all cost estimates and fiscal notes prepared pursuant to § 2-1-1.1, 2-1-1.2 or 2-1-3.1".

    On page 1, delete line 12, and insert "initiated measure, initiated amendment to the Constitution, or referred law may have an impact on revenues,".

    On page 1, line 13, delete "No sponsor of an" and insert "The director of the Legislative Research Council shall prepare the fiscal note for a ballot initiative or referred law. The director shall provide the sponsor of the ballot initiative or referred law with the fiscal note, if applicable, prior to the petitions for the ballot initiative or referred law being submitted and approved by the secretary of state before the sponsor can begin circulating. The fiscal note may not exceed fifty words. The director shall file a fiscal note for a ballot initiative with the sponsor and the secretary of state within sixty days of the receipt of the sponsor's drafted ballot language.

If a fiscal note was prepared for a bill that is being referred, the director shall submit the summary to the secretary of state within five days of the secretary of state's request of the summary.".


    On page 1, delete lines 14 and 15, inclusive.

    On page 2, delete line 1.

    On page 2, line 7, delete "two hundred" and insert "fifty".

    On page 4, after line 13, insert:

"    Section 6. That § 2-1-1.1 be amended to read:

    2-1-1.1. The petition as it is to be circulated for an initiated constitutional amendment shall be filed with the secretary of state prior to circulation for signatures and shall:

            (1)    Contain the full text of the initiated constitutional amendment;

            (2)    Contain the date of the general election at which the initiated constitutional amendment is to be submitted;

            (3)    Contain the title and explanation as prepared by the attorney general;

            (4)    Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and

            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated constitutional amendment as prepared by the attorney general; any fiscal note prepared; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation.

    For any initiated constitutional amendment petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated constitutional amendment petition shall be filed with the secretary of state at least one year before the next general election. A notarized affidavit form, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections. ".
    Section 7. That § 2-1-1.2 be amended to read:

    2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the secretary of state prior to circulation for signatures and shall:

            (1)    Contain the full text of the initiated measure;

            (2)    Contain the date of the general election at which the initiated measure is to be submitted;

            (3)    Contain the title and explanation as prepared by the attorney general;

            (4)    Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and

            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated measure as prepared by the attorney general; any fiscal note prepared; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation.

    For any initiated measure petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated measure petition shall be filed with the secretary of state at least one year before the next general election. A notarized affidavit form, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

    Section 8. That § 2-1-3.1 be amended to read:

    2-1-3.1. The petition as it is to be circulated for a referred law shall be filed with the secretary of state prior to circulation for signatures and shall:

            (1)    Contain the title of the referred law;

            (2)    Contain the effective date of the referred law;

            (3)    Contain the date of the general election at which the referred law is to be submitted;

            (4)    Be accompanied by a notarized form that includes the names and addresses of the petition sponsors; and
            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition shall be filed with the secretary of state within ninety days after the adjournment of the Legislature which passed the referred law. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

    The petition circulator shall provide to each person who signs the petition a form containing the title of the referred law; any fiscal note prepared; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation.

77fta

    On page 1, line 1, of the printed bill, after "measure" delete "or" and insert ",".

    On page 1, line 2, after "Constitution" insert ", or referred law".

    And that as so amended said bill do pass.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1040 and returns the same with the recommendation that said bill be amended as follows:

1040kb

    On page 3, line 24, of the House Health and Human Services Committee engrossed bill, delete "or support".

    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 SB 5 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair
Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 78 and 99 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 98 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 Local Government respectfully reports that it has had under consideration SB 116 and returns the same with the recommendation that said bill be amended as follows:

116fa

    On page 2, line 6, of the printed bill, after "Management" insert ", if the information exists".

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

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration the nomination of James C. Roby of Codington County, Watertown, South Dakota to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar

Respectfully submitted,
Jordan Youngberg, Vice Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 4, 30, 31, and 57 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 HCR 1005 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 4, 30, 31, and 57 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1029, 1030, and 1034 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 2 Introduced by: Senators Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten, Ernie; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-second Legislature of the State of South Dakota to Aaron Diekhoff, Michaela Flora, Ella Graham, Amber Hulse, Lauren Leisinger, Dara Ness, Kalder Ness, Lauren Rink, Madison Russell, Mariah Weich.

    WHEREAS, the above named served loyally as pages for the Senate of the Ninety-second Legislative Session; and

    WHEREAS, the members of the Ninety-second Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-second Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Sen. Russell moved that Senate Page Resolution 2 be adopted.

    The question being on Sen. Russell's motion that Senate Page Resolution 2 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

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

MOTIONS AND RESOLUTIONS

    HCR 1002: A CONCURRENT RESOLUTION, Urging an external audit of the Indian Health Service by an act of Congress.

    Was read the second time.

    Sen. Maher moved that the Senate do concur in HCR 1002 as found on page 95 of the House Journal and as amended on page 206 of the House Journal.

    The question being on Sen. Maher's motion that HCR 1002 be concurred in as amended.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in as amended.

    HCR 1005: A CONCURRENT RESOLUTION, Calling for statewide recognition of the Army National Guard's 1st Battalion, 196th Regiment, Regional Training Institute (RTI) for training hundreds of officer candidates from South Dakota and soldiers across the nation.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1005 on the calendar of Monday, February 6th, the 17th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Curd moved that the report of the Standing Committee on

    Agriculture and Natural Resources on SB 66 as found on page 267 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 175 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the first time and referred to the Joint Committee on Appropriations

    SB 176 Introduced by: The Committee on State Affairs

    FOR AN ACT ENTITLED, An Act to accommodate legislation relating to the protection of the public safety.

    Was read the first time and referred to the Committee on State Affairs.

    SB 177 Introduced by: The Committee on State Affairs

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the participation of home school students in certain interscholastic activities.

    Was read the first time and referred to the Committee on Education.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1029: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

    Was read the first time and referred to the Committee on Transportation.

    HB 1030: FOR AN ACT ENTITLED, An Act to implement certain vehicle size and weight provisions required by federal law.

    Was read the first time and referred to the Committee on Transportation.

    HB 1034: FOR AN ACT ENTITLED, An Act to establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting.

    Was read the first time and referred to the Committee on State Affairs.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Cheryl Bogue of Ziebach County, Faith, South Dakota to the South Dakota Lottery Commission.

    The question being “Does the Senate advise and consent to the executive appointment of Cheryl Bogue pursuant to the executive message as found on page 212 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg


    Excused:
Nesiba; Peters

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Bolin requested that HB 1012 be removed from the Consent Calendar.

    SB 125: FOR AN ACT ENTITLED, An Act to revise the list of organizations that may approve and accredit a nonpublic school.

    Was read the second time.

    The question being “Shall SB 125 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    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.

    SB 88: FOR AN ACT ENTITLED, An Act to revise the definition of an electric transmission facility.

    Was read the second time.

    The question being “Shall SB 88 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    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 1009: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept a donation of land from Pennington County for the use and benefit of the South Dakota School of Mines and Technology.

    Was read the second time.

    The question being “Shall HB 1009 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    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 1039: FOR AN ACT ENTITLED, An Act to authorize certain rule making authority for the State Board of Finance.

    Was read the second time.

    The question being “Shall HB 1039 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    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 1022: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating to education service agencies.

    Was read the second time.

    The question being “Shall HB 1022 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    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 1011: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certification of financial good standing of utilities.

    Was read the second time.

    The question being “Shall HB 1011 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    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 SENATE BILLS AND JOINT RESOLUTIONS

    SB 102: FOR AN ACT ENTITLED, An Act to require that the name and telephone number of an organization fighting to end sex trafficking be given, in writing, to any woman seeking an abortion.

    Was read the second time.

    The question being “Shall SB 102 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    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.

    SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the process for truancy citations and formal petitions.

    Was read the second time.

    The question being “Shall SB 103 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Peters

    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. Curd moved that the balance of the calendar including HB 1021, 1046, and 1051 be deferred to Monday, February 6th, the 17th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 4: FOR AN ACT ENTITLED, An Act to require the Board of Pharmacy to report to the Legislature regarding monitoring and use of opioids in the state.

    SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding high school equivalency testing.

    SB 31: FOR AN ACT ENTITLED, An Act to revise certain administrative and advisory functions of the State Library and the State Library Board.

    SB 57: FOR AN ACT ENTITLED, An Act to authorize the operation of a nursing home facility in Eagle Butte, South Dakota, and to declare an emergency.

    And signed the same in the presence of the Senate.

    Sen. Stalzer moved that the Senate do now adjourn, which motion prevailed and at 2:05 p.m. the Senate adjourned.

Kay Johnson, Secretary