JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 30, 2019

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

The prayer was offered by the Chaplain, Rev. Seth LaBounty, followed by the Pledge of Allegiance led by Senate pages Justin Goetz and Kodi Fees.

Roll Call: All members present except Sens. Novstrup, Schoenbeck, and Sutton 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 fourteenth 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.

SIGNING OF BILLS

The President publicly read the title to

SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the granting of work permits to minors who refuse to submit to chemical analyses.

SB 14: FOR AN ACT ENTITLED, An Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.

SB 20: FOR AN ACT ENTITLED, An Act to update certain provisions regarding consumer protection.

SB 21: FOR AN ACT ENTITLED, An Act to authorize certain tobacco manufacturers to assign to the state the interest of the manufacturer in any money in a qualified escrow fund.

SB 47: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding permits to carry a concealed pistol.

HB 1014: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding payments of the tax imposed on financial institutions and banks.

HB 1015: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

HB 1031: FOR AN ACT ENTITLED, An Act to authorize certain wind and solar easements and leases by the commissioner of School and Public Lands.

And signed the same in the presence of the Senate.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 121 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 129 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 Transportation respectfully reports that it has had under consideration the nomination of Craig Price of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Public Safety and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Ernie Otten, Chair

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 118 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 SB 137 and returns the same with the recommendation that said bill be amended as follows:

On page 3 of the printed bill, delete line 18.

On page 3, line 19, delete "(7)" and insert "(6)".

On page 3, line 20, delete "(8)" and insert "(7)".

On page 3, line 21, delete "(9)" and insert "(8)".

On page 3, line 22, delete "(10)" and insert "(9)".

On page 3, line 23, delete "(11)" and insert "(10)".

On page 3, line 24, delete "(12)" and insert "(11)".

On page 4, line 1, delete "(13)" and insert "(12)".

On page 4, line 2, delete "(14)" and insert "(13)".

On page 4, line 3, delete "(15)" and insert "(14)".

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

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

" Section 1. That chapter 13-33A be amended by adding a NEW SECTION to read:

The governing board of a school district and the governing board of a nonpublic school may acquire opioid antagonists in accordance with current state law and administrative rule, and make the medication available to personnel who are trained in accordance with section 2 of this Act.

Section 2. That chapter 13-33A be amended by adding a NEW SECTION to read:

Before school personnel may administer an opioid antagonist in the event of a suspected opioid overdose, training must be provided by an individual qualified to do so. The training must include:

(1) Symptoms of an opiate overdoes;

(2) Protocols and procedures for administering an opioid antagonist;

(3) Symptoms of adverse responses to an opioid antagonist;

(4) Protocols and procedures for stabilizing the patient if an adverse response occurs; and

(5) Procedures for transporting, storing, and securing an opioid antagonist.

Section 3. That chapter 13-33A be amended by adding a NEW SECTION to read:

Immunity from civil liability for injury or death, associated with or resulting from the administration of opioid antagonists, extends to any person, and the employer of any person, authorized to possess and administer an opioid antagonist, as provided for in section 1 of this Act, provided the person acted in good faith."

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

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 16, of the printed bill, delete "regulation" and insert "any rule or regulation adopted".

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

Respectfully submitted,
Deb Soholt, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1048 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 90 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 1008 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the House engrossed bill, delete "ten" and insert "fifteen".

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 1 which was tabled.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 69 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 73 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 11, 14, 20, 21, and 47 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 13 was delivered to her Excellency, the Governor, for her approval at 12:30 p.m., January 30, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith SB 11, 14, 20, 21, and 47 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 33 was tabled.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1011, 1027, 1029, and 1057 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1001: A CONCURRENT RESOLUTION, Supporting the Governor's efforts to fuel the state fleet with premium E-30 fuel.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

Sen. Langer moved that HB 1037 be deferred to Thursday, January 31^st, the 16^th legislative day.

Which motion prevailed.

Sen. Langer moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, January 31^st, the 16^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1040 as found on page 207 of the Senate Journal; also

Judiciary on SB 59 as found on page 208 of the Senate Journal; also

Agriculture and Natural Resources on SB 43 as found on page 209 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Steve Westra of Minnehaha County, Sioux Falls, South Dakota, to the position of Commissioner of the Governor's Office of Economic Development.

Sen. Langer moved the previous question.

Which motion prevailed.

The question being “Does the Senate advise and consent to the executive appointment of Steve Westra pursuant to the executive message as found on page 86 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Novstrup; Schoenbeck; Sutton

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 155 Introduced by: Senator Stalzer and Representative Steele

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

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

SB 156 Introduced by: Senators Maher and Greenfield (Brock) and Representatives Marty and Brunner

FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of certain delinquent taxes.

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

SB 157 Introduced by: Senator Nesiba and Representative McCleerey

FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding petitions for ballot measures.

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

SB 158 Introduced by: Senator Wismer and Representative McCleerey

FOR AN ACT ENTITLED, An Act to make an appropriation for increased reimbursement for care of residents of nursing facilities and assisted living facilities.

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

SB 159 Introduced by: Senator Russell

FOR AN ACT ENTITLED, An Act to provide for reimbursement of certain fire and rescue services.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 160 Introduced by: Senators Nesiba, Foster, Heinert, Kennedy, and Wismer and Representatives Ring, Saba, and Smith (Jamie)

FOR AN ACT ENTITLED, An Act to provide for calculations of sales tax revenues from sellers located outside of the state.

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

SB 161 Introduced by: Senator Nelson and Representative Marty

FOR AN ACT ENTITLED, An Act to provide for reporting of hours worked by certain constitutional officers and their employees.

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

SB 162 Introduced by: Senators Bolin and Kolbeck and Representative Brunner

FOR AN ACT ENTITLED, An Act to require that local government bond elections be held in conjunction with the primary or general election in even-numbered years.

Was read the first time and referred to the Committee on Local Government.

SB 163 Introduced by: Senators Klumb, Greenfield (Brock), Kennedy, Nelson, Rusch, Russell, and Stalzer and Representatives Schoenfish, Diedrich, Hansen, Johns, Koth, and Qualm

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding jury lists.

Was read the first time and referred to the Committee on Local Government.

SB 164 Introduced by: Senators DiSanto, Foster, Heinert, Jensen (Phil), Monroe, Russell, Solano, Steinhauer, and Youngberg and Representatives St John, Bordeaux, Borglum, Dennert, Duba, Frye-Mueller, Healy, Howard, Latterell, Lesmeister, McCleerey, Mulally, Olson, Perry, Pischke, Pourier, Schoenfish, Smith (Jamie), Sullivan, and Wiese

FOR AN ACT ENTITLED, An Act to provide uniform procedures for the reporting of and investigation of missing and murdered indigenous women.

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

SB 165 Introduced by: Senator DiSanto and Representative Schoenfish

FOR AN ACT ENTITLED, An Act to revise and enhance provisions regarding the taxation of park model homes.

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

SB 166 Introduced by: Senator Steinhauer and Representatives Hansen, Gosch, Johnson (Chris), and Marty

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding occupational licensing.

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

SB 167 Introduced by: Senator Partridge

FOR AN ACT ENTITLED, An Act to revise provisions regarding public safety.

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

SB 168 Introduced by: Senator Greenfield (Brock) and Representative Anderson

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding emblem specialty plate stickers.

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

SB 169 Introduced by: Senators Kolbeck, Blare, Cronin, Foster, Greenfield (Brock), Maher, and Nesiba and Representatives Koth, Greenfield (Lana), and Post

FOR AN ACT ENTITLED, An Act to allow a property tax extension for certain federal workers and to declare an emergency.

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

SB 170 Introduced by: Senators DiSanto, Jensen (Phil), Nelson, and Russell and Representatives Frye-Mueller, Goodwin, Hammock, Howard, and Mulally

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding local referendums.

Was read the first time and referred to the Committee on Local Government.

SB 171 Introduced by: Senators Youngberg, Blare, Cammack, Klumb, Otten (Ernie), Partridge, Soholt, White, and Wiik and Representatives Gross, Brunner, Chaffee, Finck, Jensen (Kevin), Lake, Latterell, Lesmeister, Otten (Herman), Peterson (Kent), Qualm, Reimer, Saba, Wiese, and York

FOR AN ACT ENTITLED, An Act to designate saltwater aquatic farms as agricultural operations.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 172 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 173 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to fund certain health care innovation grants and to declare an emergency.

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

SB 174 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

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.

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

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

FOR AN ACT ENTITLED, An Act to make an appropriation for the South Dakota Ellsworth 2 Development Authority and to declare an emergency.

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

SB 176 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation for the second century habitat fund and to declare an emergency.

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

SB 177 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

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.

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

SB 178 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks to fund certain improvements to Palisades State Park and to declare an emergency.

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

SB 179 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of school districts and to revise the state aid to education formula.

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

SB 180 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2019.

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

SB 181 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to provide for the transfer of funds from the budget reserve fund and to declare an emergency.

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

SB 182 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the special education property tax levy for school districts and to revise the state aid to special education formula.

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

SB 183 Introduced by: Senators Heinert, Blare, Cronin, Ewing, Foster, Greenfield (Brock), Kennedy, Klumb, Maher, Nesiba, Partridge, Rusch, Smith (VJ), Wismer, and Youngberg and Representatives Gosch, Bordeaux, Cwach, Duba, Hansen, Healy, Lake, Lesmeister, Marty, McCleerey, Pourier, Qualm, Ring, Saba, Smith (Jamie), and Sullivan

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding buffer strips.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 184 Introduced by: Senators Foster, Heinert, Kennedy, Maher, Nesiba, Wismer, and Youngberg and Representatives Bordeaux, Pourier, Rasmussen, Saba, St John, and Sullivan

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certification of utility permits.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 185 Introduced by: Senators Solano, Soholt, and Steinhauer and Representatives Diedrich, Barthel, Duvall, Glanzer, and Johns

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding restoration to competency for criminal defendants.

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

SB 186 Introduced by: Senators Kennedy and Heinert and Representatives Saba, Bordeaux, Healy, Smith (Jamie), and Sullivan

FOR AN ACT ENTITLED, An Act to prohibit the cancellation or nonrenewal of a health insurance policy for a preexisting condition.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 187 Introduced by: Senators White and Novstrup and Representative Diedrich

FOR AN ACT ENTITLED, An Act to provide for the ownership and operation of electric bicycles.

Was read the first time and referred to the Committee on Local Government.

SJR 5 Introduced by: Senators Cronin, Curd, Kennedy, Maher, Rusch, Schoenbeck, Soholt, White, and Youngberg and Representatives Hunhoff, Finck, Hansen, Peterson (Kent), Reed, Ring, Rounds, Weis, and Zikmund

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to the authorization of certain games of chance in the City of Yankton.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vote centers and precinct workers.

Was read the first time and referred to the Committee on Local Government.

HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal background checks for adults working in child care institutions.

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

HB 1057: FOR AN ACT ENTITLED, An Act to revise the definition of attest for the purposes of public accountancy.

Was read the first time and referred to the Committee on Local Government.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

Sen. Langer requested that the nomination of John Calvin be removed from the consent calendar pursuant to JR 13-2.

The Senate proceeded to the consideration of the executive appointment of Jim Hagen of Minnehaha County, Sioux Falls, South Dakota, to be the Secretary of the Department of Tourism.

The question being “Does the Senate advise and consent to the executive appointment of Jim Hagen pursuant to the executive message as found on page 94 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Novstrup; Schoenbeck; Sutton

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

The Senate proceeded to the consideration of the executive appointment of
Marcia Hultman of Hughes County, Pierre, South Dakota, to be the Secretary of the Department of Labor and Regulation.

The question being “Does the Senate advise and consent to the executive appointment of Marcia Hultman pursuant to the executive message as found on page 91 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Novstrup; Schoenbeck; Sutton

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

The Senate proceeded to the consideration of the executive reappointment of Scott Knuppe of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Technical Education.

The question being “Does the Senate advise and consent to the executive reappointment of Scott Knuppe pursuant to the executive message as found on page 113 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Novstrup; Schoenbeck; Sutton

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

The Senate proceeded to the consideration of the executive reappointment of Rod Bowar of Lyman County, Kennebec, South Dakota, to the South Dakota Board of Technical Education.

The question being “Does the Senate advise and consent to the executive reappointment of Rod Bowar pursuant to the executive message as found on page 115 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Novstrup; Schoenbeck; Sutton

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

The Senate proceeded to the consideration of the executive reappointment of Ed Mallett of Codington County, Watertown, South Dakota, to the South Dakota Board of Technical Education.

The question being “Does the Senate advise and consent to the executive reappointment of Ed Mallett pursuant to the executive message as found on page 115 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Novstrup; Schoenbeck; Sutton

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Bolin requested that SB 76 be removed from the Consent Calendar.

SB 40: FOR AN ACT ENTITLED, An Act to authorize the transfer of certain real property to the Animal Industry Board.

Was read the second time.

The question being “Shall SB 40 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Novstrup; Schoenbeck; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding who is eligible to serve as a candidate in the event of a vacancy.

Was read the second time.

Sen. Bolin moved that SB 75 be amended as follows:

On page 1, line 11, of the printed bill, before "unless" insert "for that office".

Which motion prevailed.

The question being “Shall SB 75 pass as amended?”

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Partridge

Excused:
Novstrup; Schoenbeck; 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.

SB 62: FOR AN ACT ENTITLED, An Act to provide for the use of certain general funds to increase Medicaid reimbursement rates for existing Medicaid providers.

Was read the second time.

Sen. Steinhauer moved that SB 62 be amended as follows:

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

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

After a portion of any state general fund savings obtained from additional federal funding for services received through a coordinated care agreement between a Medicaid provider and an Indian Health Service or tribal facility is shared with Indian Health Service and the other parties to the coordinated care agreements, at least seventy percent of the savings based on the average of the prior two years savings, shall be used to increase Medicaid reimbursement rates above the prior year's rate for existing Medicaid programs, after adjusting for consumer price index. In addition, up to ten percent of the increased savings from the average of the prior two years savings shall be used as innovation grants to improve Medicaid program delivery and outcomes."

Which motion prevailed.

The question being “Shall SB 62 pass as amended?”

And the roll being called:

Yeas 16, Nays 16, Excused 3, Absent 0

Yeas:
Blare; Curd; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Monroe; Otten (Ernie); Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Youngberg

Nays:
Bolin; Cammack; Cronin; Ewing; Foster; Heinert; Kennedy; Kolbeck; Langer; Maher; Nelson; Nesiba; Partridge; White; Wiik; Wismer

Excused:
Novstrup; Schoenbeck; Sutton

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

SB 50: FOR AN ACT ENTITLED, An Act to remove restrictions regarding the carrying of a concealed weapon in the state capitol by permit holders.

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

The question being “Shall SB 50 pass as amended?”

And the roll being called:

Yeas 10, Nays 22, Excused 3, Absent 0

Yeas:
Blare; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Monroe; Nelson; Russell; Stalzer; Wiik

Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Foster; Heinert; Kennedy; Kolbeck; Langer; Maher; Nesiba; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Solano; Steinhauer; White; Wismer; Youngberg

Excused:
Novstrup; Schoenbeck; Sutton

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

Sen. Langer moved that the balance of the calendar including HB 1038 and 1012 be deferred to Thursday, January 31^st, the 16^th legislative day.

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 47 was delivered to her Excellency, the Governor, for her approval at 2:35 p.m., January 30, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

Sen. Youngberg moved that the Senate do now adjourn, which motion prevailed and at 3:55 p.m. the Senate adjourned.

Kay Johnson, Secretary