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JOURNAL OF THE SENATE

NINETY-FIFTH SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA

Senate Chamber, Pierre

Wednesday, February 19, 2020

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

The prayer was offered by the Chaplain, Deacon Kris Wollman, followed by the Pledge of Allegiance led by Senate page Abraham Scharles.

Roll Call: All members present except Sen. Ewing who was 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 twenty-first 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.

Wednesday, February 19, 2020 – 22nd Legislative Day 248

COMMUNICATIONS AND PETITIONS 1

February 11, 2020 2 The Honorable Larry Rhoden 3 President of the Senate 4 State Capitol 5 Pierre, SD 57501 6

Dear President and Members of the Senate: 7

Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to 8 your consent, I have the honor to inform you that I have reappointed Galen Niederwerder, 9 Pennington County, New Underwood, South Dakota, to the South Dakota Ellsworth Development 10 Authority. 11

This appointment is effective February 6, 2020, and shall continue until January 16, 2023. 12

Sincerely, 13 Kristi Noem 14

Governor 15

The President announced the referral of the appointment to the Committee on Military and 16 Veterans Affairs. 17

February 11, 2020 18

The Honorable Larry Rhoden 19 President of the Senate 20 State Capitol 21 Pierre, SD 57501 22

Dear President and Members of the Senate: 23

Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to 24 your consent, I have the honor to inform you that I have reappointed Quentin L. Riggins, 25 Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development 26 Authority. 27

This appointment is effective February 6, 2020, and shall continue until January 16, 2023. 28

Sincerely, 29 Kristi Noem 30

Governor 31

The President announced the referral of the appointment to the Committee on Military and 32 Veterans Affairs. 33

Wednesday, February 19, 2020 – 22nd Legislative Day 249

REPORTS OF STANDING COMMITTEES 1

The Committee on Senate Taxation respectfully submits the following corrected report for the 2 committee action of February 12, 2020: 3

MR. PRESIDENT: 4

The Committee on Senate Taxation respectfully reports that it has had under consideration 5 SB 76 and 122 which were deferred to the 41st Legislative Day. 6

Also MR. PRESIDENT: 7

The Committee on Senate Taxation respectfully reports that it has had under consideration the 8 nomination of Darin Seeley of Lake County, Wentworth, South Dakota, to the Commissioner of the 9 Bureau of Human Resources and returns the same with the recommendation that the Senate advise 10 and consent to the confirmation of said appointment, and that said appointment having been 11 certified as uncontested, be placed on the consent calendar. 12

Also MR. PRESIDENT: 13

The Committee on Senate Taxation respectfully reports that it has had under consideration 14 HB 1020 and returns the same with the recommendation that said bill do pass, and having been 15 certified as uncontested, be placed on the consent calendar. 16

Respectfully submitted, 17 Jeff Monroe, Chair 18

The Committee on Senate Judiciary respectfully submits the following corrected report for the 19 committee action of February 18, 2020: 20

MR. PRESIDENT: 21

The Committee on Senate Judiciary respectfully reports that it has had under consideration 22 SB 96, and HB 1047 and returns the same with the recommendation that said bills do pass. 23

Also MR. PRESIDENT: 24

The Committee on Senate Judiciary respectfully reports that it has had under consideration 25 SB 148 and returns the same with the recommendation that said bill do pass, and having been 26 certified as uncontested, be placed on the consent calendar. 27

Also MR. PRESIDENT: 28

The Committee on Senate Judiciary respectfully reports that it has had under consideration 29 SB 176 and returns the same with the recommendation that said bill be amended as follows: 30

176A 31

On page 1, line 12, of the Introduced bill, delete "essential " and insert "necessary " 32

And that as so amended, said bill do pass, and having been certified as uncontested, be placed 33 on the consent calendar. 34

Respectfully submitted, 35 Lance Russell, Chair 36

Wednesday, February 19, 2020 – 22nd Legislative Day 250

MR. PRESIDENT: 1

The Committee on Senate Local Government respectfully reports that it has had under 2 consideration SB 179 which was deferred to the 41st Legislative Day. 3

Also MR. PRESIDENT: 4

The Committee on Senate Local Government respectfully reports that it has had under 5 consideration SB 183 and returns the same with the recommendation that said bill be amended as 6 follows: 7

183A 8

On page 1, line 16, of the Introduced bill, after "requirements " delete "for both partisan and 9 independent candidates " 10

On page 1, line 18, of the Introduced bill, delete "Fifty " and insert "For both partisan and 11 independent candidates, fifty " 12

On page 1, line 20, of the Introduced bill, delete "The lesser of thirty signatures or signatures 13 from three-quarters of a percent of the registered voters of that particular party in a district for " 14 and insert "For " 15

On page 1, line 22, of the Introduced bill, after "candidate" insert ": 16

(a) Partisan candidate petitions shall be signed by the lesser of fifty signatures or 17 signatures from one percent of the voters who voted for that party’s gubernatorial candidate, or the 18 party’s statewide candidate receiving the highest votes if the party meets the requirement for 19 alternative party status as defined in § 12-1-3. 1, at the last gubernatorial election in the county 20 electing a candidate to fill the office; or 21

(b) Independent candidate petitions shall be signed by not less than one percent of the total 22 combined vote for Governor at the last certified election within the county electing a candidate to 23 fill the office" 24

On page 1, line 23, of the Introduced bill, delete "The lesser of fifteen signatures or half " and 25 insert "Half " 26

And that as so amended, said bill do pass, and having been certified as uncontested, be placed 27 on the consent calendar. 28

Also MR. PRESIDENT: 29

The Committee on Senate Local Government respectfully reports that it has had under 30 consideration HB 1048, 1086, and 1120 and returns the same with the recommendation that said 31 bills do pass, and having been certified as uncontested, be placed on the consent calendar. 32

Respectfully submitted, 33 Phil Jensen, Chair 34

MR. PRESIDENT: 35

The Committee on Senate Retirement Laws respectfully reports that it has had under 36 consideration HB 1105 and 1106 and returns the same with the recommendation that said bills 37 do pass, and having been certified as uncontested, be placed on the consent calendar. 38

Respectfully submitted, 39 Jim White, Chair 40

Wednesday, February 19, 2020 – 22nd Legislative Day 251

MR. PRESIDENT: 1

The Committee on Senate Transportation respectfully reports that it has had under 2 consideration HB 1059, 1082, and 1091 and returns the same with the recommendation that said 3 bills do pass, and having been certified as uncontested, be placed on the consent calendar. 4

Respectfully submitted, 5 Rocky Blare, Vice-Chair 6

MR. PRESIDENT: 7

The Committee on Senate Health and Human Services respectfully reports that it has had 8 under consideration SB 2 and returns the same with the recommendation that said bill be referred 9 to the Committee on Appropriations. 10

Also MR. PRESIDENT: 11

The Committee on Senate Health and Human Services respectfully reports that it has had 12 under consideration SB 136 and returns the same with the recommendation that said bill be 13 amended as follows: 14

136A 15

On page 1, line 12, of the Introduced bill, after "certification" delete " from the American Kennel 16 Club," 17

On page 1, line 12, of the Introduced bill, after "Club, " insert "and is registered with " 18

On page 1, line 17, of the Introduced bill, after "training" delete " from an organization 19 accredited by American Kennel Club," 20

On page 1, line 18, of the Introduced bill, after "Club, " insert "and is registered with " 21

On page 1, line 19, of the Introduced bill, after "organization" delete " on" 22

On page 1, line 19, of the Introduced bill, after "on " insert "for " 23

On page 2, line 6, of the Introduced bill, delete " certifications" and insert " information" 24

And that as so amended, said bill do pass. 25

Also MR. PRESIDENT: 26

The Committee on Senate Health and Human Services respectfully reports that it has had 27 under consideration SB 145 which was deferred to the 41st Legislative Day. 28

Respectfully submitted, 29 Deb Soholt, Chair 30

Sen. Soholt rose to a point of order stating that when a Committee refers a bill to the 31 Appropriations Committee, the system does not allow the Committee to refer with a "do pass" 32 recommendation. 33

Wednesday, February 19, 2020 – 22nd Legislative Day 252

MR. PRESIDENT: 1

The Committee on Senate Taxation respectfully reports that it has had under consideration 2 HB 1007 and 1060 and returns the same with the recommendation that said bills do pass. 3

Respectfully submitted, 4 Jeff Monroe, Chair 5

MR. PRESIDENT: 6

The Committee on Senate State Affairs respectfully reports that it has had under consideration 7 SB 157 and returns the same with the recommendation that said bill be amended as follows: 8

157A 9

On page 2, line 8, of the Introduced bill, after "chapter " delete "that provides for conditional 10 uses of real property " 11

On page 2, line 10, of the Introduced bill, after "that " delete "conditiona" 12

On page 2, line 10, of the Introduced bill, after "A " delete "conditional " 13

On page 2, line 12, of the Introduced bill, after "met. " delete "The certification process may 14 include adoption of a simple majority affirmative vote requirement pursuant to subdivision 11-2-15 53(3) for approval or confirmation that the specified criteria are met." 16

On page 2, line 17, of the Introduced bill, after "certification " delete "by a zoning officer " 17

On page 2, line 19, of the Introduced bill, delete "project " and insert "applicant " 18

On page 2, line 19, of the Introduced bill, delete "and is deemed to meet the requirements set 19 forth in § 11-2-17. 3, but" and insert ". A special permitted use" 20

On page 3, line 26, of the Introduced bill, delete ", that is not" and insert " to grant or deny 21 the permit. No other appeal such as any relating to" 22

On page 3, line 27, of the Introduced bill, after "decision" insert " is authorized by this section" 23

On page 3, line 28, of the Introduced bill, delete "fourteen " and insert "twenty-one " 24

On page 4, line 15, of the Introduced bill, after "official" delete " or commission on appeal, or 25 to decide in favor of the applicant on any matter upon which it is required to pass under any such 26 ordinance," 27

On page 4, line 30, of the Introduced bill, after "official" delete " or commission on appeal" 28

On page 5, line 7, of the Introduced bill, after "severally, " delete "or any taxpayer, " 29

On page 5, line 17, of the Introduced bill, delete "petition presented" and insert " petitioner" 30

On page 5, line 17, of the Introduced bill, delete "be accompanied by a bond in the amount of 31 two hundred fifty dollars with one or more sureties to be approved by the county auditor conditioned 32 that the appellant shall prosecute the appeal without delay and pay all costs that the appellant may 33 be adjudged to pay in the circuit court. The bond shall be executed to the county and may be sued 34 in the name of the county upon breach of any condition in the bond" and insert " pay all transcript 35 costs required to complete the record of proceedings of the board appealed from" 36

On page 5, line 23, of the Introduced bill, after "bond." insert " 37

Wednesday, February 19, 2020 – 22nd Legislative Day 253

Section 1. That § 11-2-61.1 be AMENDED: 1

11-2-61.1. Appeal of grant or denial of conditional use permit. 2

Any appeal of a decision relating to the grant or denial ofgranting or denying a conditional use 3 permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the 4 approving authority and, notwithstanding any provision of law to the contrary, shall be determined 5 under a writ of certiorari standard regardless of the form of the approving authority. The court shall 6 give deference to the decision of the approving authority in interpreting the authority's ordinances. 7

" 8

And that as so amended, said bill do pass. 9

Respectfully submitted, 10 Joshua Klumb, Vice-Chair 11

Mr. PRESIDENT: 12

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and 13 Enrolling has carefully compared SB 31, 32, 34, 50, and 54 and finds the same correctly enrolled. 14

Respectfully submitted, 15 Brock L. Greenfield, Chair 16

Mr. PRESIDENT: 17

The Committee on Legislative Procedure respectfully reports that SB 14 and 15 were delivered 18 to her Excellency, the Governor, for her approval at 11:30 a.m., February 19, 2020. 19

Respectfully submitted, 20 Brock L. Greenfield, Chair 21

MESSAGES FROM THE HOUSE 22

Mr. PRESIDENT: 23

I have the honor to transmit herewith SB 31, 32, 34, and 54 which have passed the House 24 without change. 25

Also Mr. PRESIDENT: 26

I have the honor to transmit herewith HB 1069, 1079, 1103, 1109, 1112, 1117, 1152, 27 1174, and 1181 which have passed the House and your favorable consideration is respectfully 28 requested. 29

Also Mr. PRESIDENT: 30

I have the honor to transmit herewith HCR 6012 which has been adopted by the House and 31 your concurrence is respectfully requested. 32

Wednesday, February 19, 2020 – 22nd Legislative Day 254

Also Mr. PRESIDENT: 1

I have the honor to return herewith SCR 604 in which House has concurred. 2

Respectfully, 3 Mary Lou Goehring, Chief Clerk 4

MOTIONS AND RESOLUTIONS 5

HCR 6007: A CONCURRENT RESOLUTION, Supporting students and other persons afflicted by 6 epilepsy and raising awareness of epilepsy in South Dakota. 7

Was read the second time. 8

Sen. Nesiba moved that HCR 6007 as found on page 165 of the House Journal be concurred 9 in as amended. 10

The question being on Sen. Nesiba's motion that HCR 6007 be concurred in as amended. 11

And the roll being called: 12

Yeas 33, Nays 0, Excused 2, Absent 0 13

Yeas: 14 Blare, Bolin, Cammack, Castleberry, Curd, Duhamel, Foster, Brock Greenfield, Phil Jensen, 15

Kennedy, Klumb, Kolbeck, Lake, Langer, Maher, Monroe, Nesiba, Novstrup, Ernie Otten, Partridge, 16 Rusch, Russell, Schoenbeck, Schoenfish, V. J. Smith, Soholt, Stalzer, Steinhauer, Sutton, White, 17 Wiik, Wismer, and Youngberg 18

Excused: 19 Ewing and Heinert 20

So the motion having received an affirmative vote of a majority of the members-elect, the 21 President declared the motion carried and HCR 6007 was concurred in as amended. 22

HCR 6012: A CONCURRENT RESOLUTION, Supporting the right to pray in public schools. 23

Was read the first time and referred to the Committee on State Affairs. 24

Sen. Langer moved that SB 155 be deferred to Thursday, February 20, 2020, the 23rd 25 legislative day. 26

Which motion prevailed. 27

Wednesday, February 19, 2020 – 22nd Legislative Day 255

CONSIDERATION OF EXECUTIVE APPOINTMENTS 1

The Senate proceeded to the consideration of the executive appointment of Barbara Stork of 2 Union County, North Sioux City, South Dakota, to the State Board of Regents. 3

The question being “Does the Senate advise and consent to the executive appointment of 4 Barbara Stork pursuant to the message as found on page 82 of the Senate Journal.” 5

And the roll being called: 6

Yeas 33, Nays 0, Excused 2, Absent 0 7

Yeas: 8 Blare, Bolin, Cammack, Castleberry, Curd, Duhamel, Foster, Brock Greenfield, Phil Jensen, 9

Kennedy, Klumb, Kolbeck, Lake, Langer, Maher, Monroe, Nesiba, Novstrup, Ernie Otten, Partridge, 10 Rusch, Russell, Schoenbeck, Schoenfish, V. J. Smith, Soholt, Stalzer, Steinhauer, Sutton, White, 11 Wiik, Wismer, and Youngberg 12

Excused: 13 Ewing and Heinert 14

So the question having received an affirmative vote of a majority of the members-elect, the 15 President declared the appointment confirmed. 16

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS 17

The President declared that SB 94 was withdrawn at the request of the prime sponsor pursuant 18 to Joint Rule 6B-1.1. 19

The President declared that SB 185 was withdrawn at the request of the prime sponsor 20 pursuant to Joint Rule 6B-1.1. 21

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS 22

HB 1112: FOR AN ACT ENTITLED, An Act to authorize the hiring of law enforcement officers 23 by the South Dakota State Brand Board and to declare an emergency. 24

HB 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding bounties for 25 coyotes. 26

Were read the first time and referred to the Committee on Agriculture and Natural Resources. 27

HB 1109: FOR AN ACT ENTITLED, An Act to revise the Uniform Limited Liability Company Act. 28

Was read the first time and referred to the Committee on Commerce and Energy. 29

Wednesday, February 19, 2020 – 22nd Legislative Day 256

HB 1152: FOR AN ACT ENTITLED, An Act to provide financial assistance for school sentinel 1 training. 2

Was read the first time and referred to the Committee on Appropriations. 3

HB 1174: FOR AN ACT ENTITLED, An Act to establish the date of kindergarten enrollment 4 eligibility. 5

Was read the first time and referred to the Committee on Education. 6

HB 1103: FOR AN ACT ENTITLED, An Act to authorize the forensic medical examination of 7 certain minor victims without parental or guardian consent. 8

HB 1117: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding 9 riot, to establish the crime of incitement to riot, and to revise provisions regarding civil liability for 10 riot and riot boosting. 11

Were read the first time and referred to the Committee on Judiciary. 12

HB 1079: FOR AN ACT ENTITLED, An Act to authorize a county to assess an administration 13 fee for the processing of certain title applications. 14

Was read the first time and referred to the Committee on Local Government. 15

HB 1069: FOR AN ACT ENTITLED, An Act to authorize certain veterans to attend courses 16 offered at postsecondary technical institutes without payment of tuition. 17

Was read the first time and referred to the Committee on Military and Veterans Affairs. 18

SECOND READING OF CONSENT CALENDAR ITEMS 19

Sen. Youngberg requested that SB 162 be removed from the Consent Calendar. 20

Sen. Bolin requested that SB 167 be removed from the Consent Calendar. 21

SB 148: FOR AN ACT ENTITLED, An Act to adopt the Uniform Power of Attorney Act. 22

SB 181: FOR AN ACT ENTITLED, An Act to revise provisions regarding health benefit plans. 23

HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding water 24 development districts. 25

Were read the second time. 26

The question being "Shall SB 181 pass as amended, and SB 148, and HB 1058 pass?" 27

Wednesday, February 19, 2020 – 22nd Legislative Day 257

And the roll being called: 1

Yeas 33, Nays 0, Excused 2, Absent 0 2

Yeas: 3 Blare, Bolin, Cammack, Castleberry, Curd, Duhamel, Foster, Brock Greenfield, Phil Jensen, 4

Kennedy, Klumb, Kolbeck, Lake, Langer, Maher, Monroe, Nesiba, Novstrup, Ernie Otten, Partridge, 5 Rusch, Russell, Schoenbeck, Schoenfish, V. J. Smith, Soholt, Stalzer, Steinhauer, Sutton, White, 6 Wiik, Wismer, and Youngberg 7

Excused: 8 Ewing and Heinert 9

So the bills having received an affirmative vote of a majority of the members-elect, the 10 President declared the bills passed and the titles were agreed to. 11

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS 12

Sen. Nesiba requested a fiscal note on SB 96. 13

Which request was supported. 14

SB 150: FOR AN ACT ENTITLED, An Act to revise nonresident waterfowl licensure. 15

Was read the second time. 16

Sen. Cammack moved that SB 150 be amended as follows: 17

150A 18

On the Introduced bill, delete everything after the enacting clause and insert: 19

" 20

Section 2. That § 41-6-18.1 be AMENDED: 21

41-6-18.1. Nonresident waterfowl license, migratory bird permit, and federal stamp required-22 -Violation as misdemeanor--Number of licenses. 23

It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without 24 a nonresident waterfowl license or a temporary nonresident waterfowl license, a migratory bird 25 certification permit, and a federal migratory bird stamp, or in violation of the conditions of the 26 licenses or the rules of the Game, Fish and Parks Commission. 27

A nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee 28 to hunt migratory waterfowl for ten two periods of five consecutive days. 29

Four dollars received from the sale of each nonresident waterfowl license shall be placed in the 30 land acquisition and development fund. The moneys from this fund shall be used to acquire, by 31 purchase or lease, real property to be used primarily for game production. This license shall be in 32 such form as the Game, Fish and Parks Commission shall prescribe. 33

The provision in this section limiting the validity of a nonresident waterfowl license to ten two 34 periods of five consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles 35 Mix counties; and in such counties, the nonresident waterfowl license is valid during the same period 36 as is a resident waterfowl license. 37

Wednesday, February 19, 2020 – 22nd Legislative Day 258

If the Game, Fish and Parks Commission allocates more than four thousand nonresident 1 waterfowl licenses in a calendar year, any increase in the number of licenses allocated may not 2 exceed five percent of the number of licenses allocated in the previous calendar year. 3

" 4

Sen. Partridge requested that Joint Rule 5-17 be invoked on SB 150. 5

Which request was supported and SB 150 with Sen. Cammack’s pending motion to amend 6 was deferred until Friday, February 21, 2020, the 24th legislative day. 7

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS 8

HB 1081: FOR AN ACT ENTITLED, An Act to exempt from alcoholic beverage regulations 9 certain uses of alcohol by postsecondary institutions. 10

Was read the second time. 11

Sen. V. J. Smith moved that HB 1081 be amended as follows: 12

1081D 13

On page 1, line 10, of the House Education bill, after "produce " delete "and securely store " 14

On page 1, line 12, of the House Education bill, after "year" insert ", and securely store up to 15 two hundred gallons of each at any given time," 16

Which motion prevailed. 17

Sen. V. J. Smith moved that HB 1081 be amended as follows: 18

1081E 19

On page 1, line 24, of the House Education bill, after "section. " delete "No person may, while 20 consuming alcohol as permitted by this section, have a blood alcohol content that is at or above 0. 21 08 percent, by weight." 22

Which motion prevailed. 23

The question being "Shall HB 1081 pass as amended?" 24

And the roll being called: 25

Yeas 32, Nays 2, Excused 1, Absent 0 26

Yeas: 27 Bolin, Cammack, Castleberry, Curd, Duhamel, Foster, Brock Greenfield, Heinert, Phil Jensen, 28

Kennedy, Klumb, Kolbeck, Lake, Langer, Maher, Monroe, Nesiba, Novstrup, Partridge, Rusch, 29 Russell, Schoenbeck, Schoenfish, V. J. Smith, Soholt, Stalzer, Steinhauer, Sutton, White, Wiik, 30 Wismer, and Youngberg 31

Nays: 32 Blare and Ernie Otten 33

Excused: 34 Ewing 35

Wednesday, February 19, 2020 – 22nd Legislative Day 259

So the bill having received an affirmative vote of a majority of the members-elect, the President 1 declared the bill passed and the title was agreed to. 2

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding human 3 trafficking. 4

Was read the second time. 5

The question being "Shall HB 1047 pass?" 6

And the roll being called: 7

Yeas 34, Nays 0, Excused 1, Absent 0 8

Yeas: 9 Blare, Bolin, Cammack, Castleberry, Curd, Duhamel, Foster, Brock Greenfield, Heinert, Phil 10

Jensen, Kennedy, Klumb, Kolbeck, Lake, Langer, Maher, Monroe, Nesiba, Novstrup, Ernie Otten, 11 Partridge, Rusch, Russell, Schoenbeck, Schoenfish, V. J. Smith, Soholt, Stalzer, Steinhauer, Sutton, 12 White, Wiik, Wismer, and Youngberg 13

Excused: 14 Ewing 15

So the bill having received an affirmative vote of a majority of the members-elect, the President 16 declared the bill passed and the title was agreed to. 17

HB 1033: FOR AN ACT ENTITLED, An Act to provide for the prevention of aquatic invasive 18 species contamination in public waters and to declare an emergency. 19

Was read the second time. 20

The question being "Shall HB 1033 pass as amended?" 21

And the roll being called: 22

Yeas 33, Nays 1, Excused 1, Absent 0 23

Yeas: 24 Blare, Bolin, Cammack, Castleberry, Curd, Duhamel, Foster, Brock Greenfield, Heinert, 25

Kennedy, Klumb, Kolbeck, Lake, Langer, Maher, Monroe, Nesiba, Novstrup, Ernie Otten, Partridge, 26 Rusch, Russell, Schoenbeck, Schoenfish, V. J. Smith, Soholt, Stalzer, Steinhauer, Sutton, White, 27 Wiik, Wismer, and Youngberg 28

Nays: 29 Phil Jensen 30

Excused: 31 Ewing 32

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, 33 the President declared the bill passed and the title was agreed to. 34

Wednesday, February 19, 2020 – 22nd Legislative Day 260

SIGNING OF BILLS 1

The President publicly read the title to 2

SB 31: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating to the 3 South Dakota Retirement System. 4

SB 32: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration 5 of certain family and surviving spouse benefits of the South Dakota Retirement System. 6

SB 34: FOR AN ACT ENTITLED, An Act to establish a qualified benefit preservation 7 arrangement for eligible members of the South Dakota Retirement System. 8

SB 50: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the practice of a 9 certified registered nurse anesthetist. 10

SB 54: FOR AN ACT ENTITLED, An Act to regulate the use of auxiliary containers. 11

HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of 12 exemption certificates. 13

HB 1066: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding aviation. 14

HB 1075: FOR AN ACT ENTITLED, An Act to repeal certain outdated provisions regarding 15 annexation near airports. 16

HB 1144: FOR AN ACT ENTITLED, An Act to remove the requirement for a ballot election in 17 township elections if candidates are unopposed. 18

And signed the same in the presence of the Senate. 19

Sen. Wiik moved that the Senate do now adjourn, which motion prevailed and at 3:22 p.m. 20 the Senate adjourned. 21

Kay Johnson, Secretary 22