JOURNAL OF THE SENATE

NINETY-FOURTH SESSION




THIRTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 12, 2019

    The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Pastor Seth LaBounty, followed by the Pledge of Allegiance led by Senate page Britta Hervi.

    Roll Call: All members present except Sens. Curd and Schoenbeck 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 thirty-seventh 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 Legislative Procedure respectfully reports that SB 140 and 187 were delivered to her Excellency, the Governor, for her approval at 9:40 a.m., March 12, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair


REPORTS OF CONFERENCE COMMITTEES

Cc178a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 178 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 178 be amended as follows:

178za

    On page 1, line 5, of the House engrossed bill, delete "four" and insert "five".

    On page 1, line 6, delete "thousand one dollars ($400,001)" and insert "thousand dollars ($500,000)".

    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,    Respectfully submitted,
Justin Cronin            Lance Koth
Senate Committee Chair    House Committee Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1099, 1186, and 1191.

Respectfully,
Sandra J. Zinter, Chief Clerk

    Sen. Langer moved that the Senate do now recess until 11:30 a.m., which motion prevailed and at 10:09 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 11:30 a.m., the President presiding.

    Sen. Ewing moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 11:32 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 2:00 p.m., the President presiding.

    There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 12, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 12, 2019, I approved Senate Bills 76 and 154, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor
REPORTS OF CONFERENCE COMMITTEES

Cc146a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 146 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 146 be amended as follows:

146bc

    On page 2, line 2, of the House Education Committee engrossed bill, delete ".".

    On page 2, line 3, delete everything before ".".

    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,    Respectfully submitted,
Alan Solano            Steve Livermont
Senate Committee Chair    House Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has passed HB 1191, the Governor's veto notwithstanding.

    We hearby request your favorable consideration in passing HB 1191, the veto of the Governor notwithstanding.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1187 and has appointed Reps. Rounds, Willadsen, and Smith (Jamie) as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1250 and has appointed Reps. Jensen (Kevin), Rounds, and Healy as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    The President Pro Tempore has appointed Sens. Soholt, Solano, and Kennedy as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1250.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1171.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1265 and has appointed Reps. Gosch, Beal, and Ring as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Sandra J. Zinter, Chief Clerk

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The Senate proceeded to the reconsideration of HB 1191 pursuant to the veto of the Governor and the veto message found on page 719 of the House Journal as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being “Shall HB 1191 pass, the veto of the Governor notwithstanding?”

    And the roll being called:

    Yeas 20, Nays 13, Excused 2, Absent 0

    Yeas:
Cammack; 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; Stalzer; Sutton; White; Wiik

    Excused:
Curd; Schoenbeck

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

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 5 Introduced by: Senators Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield, Brock; Heinert; Jensen, Phil; Kennedy; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten, Ernie; Partridge; Rusch; Russell; Schoenbeck; Smith, V.J.; Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-fourth Legislature of the State of South Dakota to Britta Hervi, James Lees, Thomina Niles,
    Matthias Olsen, Claire Rydberg, Kennedy Tesch, and Lauren Wittler.

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

    WHEREAS, the members of the Ninety-fourth 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-fourth 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. Monroe moved that Senate Page Resolution 5 be adopted.

    The question being on Sen. Monroe's motion that Senate Page Resolution 5 be adopted.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0


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

    Excused:
Curd; Foster; Schoenbeck

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

    Sen. Partridge moved that the Senate do concur in House amendments to SB 167.

    The question being on Sen. Partridge's motion that the Senate do concur in House amendments to SB 167.

    And the roll being called:

    Yeas 30, Nays 2, Excused 3, Absent 0

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

    Nays:
Nelson; Russell

    Excused:
Curd; Foster; Schoenbeck

    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.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Russell moved that the report of the Conference Committee on SB 123 as found on page 684 of the Senate Journal be adopted.

    The question being on Sen. Russell's motion that the report of the Conference Committee on SB 123 be adopted.


    And the roll being called:

    Yeas 30, Nays 2, Excused 3, Absent 0

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

    Nays:
Nesiba; Wismer

    Excused:
Curd; Foster; Schoenbeck

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

    Sen. Maher moved that the report of the Conference Committee on SB 128 as found on page 683 of the Senate Journal be adopted.

    Sen. Maher offered a substitute motion to not concur in amendments to SB 128 and that a new committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. White, Sutton, and Wismer.

    Sen. Klumb moved that the Senate do not adopt the report of the Conference Committee on HB 1171 as found on page 684 of the Senate Journal and no new committee be appointed.

    The question being on Sen. Klumb's motion to not adopt the report of the Conference Committee on HB 1171 and to not appoint a new committee.

    And the roll being called:

    Yeas 27, Nays 4, Excused 4, Absent 0

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


    Nays:
Nelson; Russell; Stalzer; Sutton

    Excused:
Curd; Foster; Schoenbeck; White

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

    Sen. Cronin moved that the report of the Conference Committee on SB 178 as found on page 688 of the Senate Journal be adopted.

    The question being on Sen. Cronin's motion that the report of the Conference Committee on SB 178 be adopted.

    And the roll being called:

    Yeas 19, Nays 13, Excused 3, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Klumb; Kolbeck; Langer; Novstrup; Otten (Ernie); Rusch; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik

    Nays:
Blare; DiSanto; Heinert; Jensen (Phil); Kennedy; Maher; Monroe; Nelson; Nesiba; Partridge; Russell; Wismer; Youngberg

    Excused:
Curd; Foster; Schoenbeck

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

    Sen. Langer announced her intention to reconsider the vote by which the adoption of the report of the Conference Committee on SB 178 lost.

    There being no objection, the Senate reverted to Order of Business No. 7.


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 128 and has appointed Reps. Dennert, Pischke, and McCleerey as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 123 and 178.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Mills, Weis, and Healy as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 176.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Karr, Bartels, and Sullivan as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 181.

Respectfully,
Sandra J. Zinter, Chief Clerk


    Sen. Langer moved that the Senate do now recess until 4:00 p.m., which motion prevailed and at 3:10 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 4:00 p.m., the President presiding.


MOTIONS AND RESOLUTIONS


    Sen. Langer announced her intention to reconsider the vote by which the report of the Conference Committee on SB 178 lost.

    Sen. Langer moved that the Senate do now reconsider the vote by which the report of the Conference Committee on SB 178 lost.

    The question being on Sen. Langer's motion to reconsider the vote by which the report of the Conference Committee on SB 178 lost.

    And the roll being called:

    Yeas 25, Nays 6, Excused 4, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Greenfield (Brock); Klumb; Kolbeck; Langer; Maher; Monroe; Novstrup; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg

    Nays:
Heinert; Jensen (Phil); Kennedy; Nelson; Russell; Wismer

    Excused:
Curd; Foster; Nesiba; Schoenbeck

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared motion carried and adoption of the report of the Conference Committee on SB 178 was up for reconsideration and final passage.

    Sen. Langer moved that the report of the Conference Committee on SB 178 as found on page 688 of the Senate Journal be adopted.

    The question being on Sen. Langer's motion that the report of the Conference Committee on SB 178 be adopted.

    And the roll being called:

    Yeas 25, Nays 7, Excused 3, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg


    Nays:
DiSanto; Heinert; Jensen (Phil); Kennedy; Nelson; Russell; Wismer

    Excused:
Curd; Foster; Schoenbeck

    So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the report was adopted.

    Sen. Wiik moved that the Senate do concur in House amendments to SB 182.

    The question being on Sen. Wiik's motion that the Senate do concur in House amendments to SB 182.

    And the roll being called:

    Yeas 28, Nays 4, Excused 3, Absent 0

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

    Nays:
DiSanto; Jensen (Phil); Nelson; Russell

    Excused:
Curd; Foster; Schoenbeck

    So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

    Sen. Wiik moved that the Senate do concur in House amendments to SB 179.

    The question being on Sen. Wiik's motion that the Senate do concur in House amendments to SB 179.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0


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

    Excused:
Curd; Foster; Schoenbeck

    So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

    Sen. Cronin moved that the Senate do not concur in House amendments to SB 181 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Partridge, Cronin, and Wismer.

    Sen. Cronin moved that the Senate do not concur in House amendments to SB 176 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Cronin, Novstrup, and Wismer.

    There being no objection, the Senate reverted to Order of Business No. 9.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Solano moved that the report of the Conference Committee on SB 146 as found on page 690 of the Senate Journal be adopted.

    The question being on Sen. Solano's motion that the report of the Conference Committee on SB 146 be adopted.

    And the roll being called:

    Yeas 31, Nays 1, Excused 3, Absent 0


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

    Nays:
Nelson

    Excused:
Curd; Foster; Schoenbeck

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

    There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

Cc8a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 8 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 8 be amended as follows:

8kc

    On page 1, line 5, of the House engrossed bill, after "support" insert "with a fifty percent match rate for".

    On page 1, delete lines 12 to 14, inclusive.

    On page 2, delete lines 1 to 4, inclusive.

8ktb

    On page 1, line 1, of the House engrossed bill, delete everything after "system" and insert ".".

    On page 1, delete line 2.


    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,    Respectfully submitted,
Jim Stalzer            Jean Hunhoff
Senate Committee Chair    House Committee Chair

Cc1187a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1187 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1187 be amended as follows:

1187ya

    On page 2, line 1, of the Senate Appropriations Committee engrossed bill, delete "shall" and insert "may".

    On page 2, line 3, delete "September 1, 2019" and insert "six months after the special fund created under section 5 of this Act is at an amount that according to the Bureau of Administration is sufficient to complete the purposes authorized under sections 1 and 2 of this Act".

    And that the Senate and House do concur with the bill as amended.

Respectfully submitted,    Respectfully submitted,
Jeff Monroe            Tim Rounds
Senate Committee Chair    House Committee Chair

ANNOUNCEMENTS

    The President Pro Tempore has appointed Sens. Wiik, Stalzer, and Kennedy as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1265.

    The President Pro Tempore has appointed Sens. Soholt, Solano, and Kennedy as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1250.


    The President Pro Tempore has appointed Sens. Monroe,Youngberg, and Otten (Ernie) as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1187

    Sen. Langer moved that the Senate do now recess until 6:00 p.m., which motion prevailed and at 4:55 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 6:00 p.m., the President presiding.

REPORTS OF CONFERENCE COMMITTEES

Cc1250a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1250 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,    Respectfully submitted,
Deb Soholt            Kevin Jensen
Senate Committee Chair    House Committee Chair

Cc128b

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 128 and the amendments thereto made, and the disagreement of the two houses thereon, and recommends that SB 128 be amended as follows:

128yc

    On page 1, line 5, of the House engrossed bill, delete "two dollars ($2)" and insert "one hundred twenty thousand dollars ($120,000)".


    And that the Senate and House do concur with the bill as amended.

Respectfully submitted,    Respectfully submitted,
Jim White            Drew Dennert
Senate Committee Chair    House Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1250 and no new committee was appointed.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 146 and 8.

Respectfully,
Sandra J. Zinter, Chief Clerk

    Sen. Langer moved that the Senate do now recess until 7:30 p.m., which motion prevailed and at 6:05 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 7:30 p.m., the President presiding.

    Sen. Wismer moved that the Senate do now recess until 8:00 p.m., which motion prevailed and at 7:35 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 8:00 p.m., the President presiding.

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



REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    Your Joint Committee on Legislative Procedures respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Ninety-fourth Legislative Session be adopted as the joint rules of the Ninety-fifth Legislative Session with the following changes:

Amend Chapter 5 of the Joint Rules as follows:

5-11.1. Motions to reconsider. Having given notice of intent to reconsider, the member giving notice may move to reconsider the question not later than the next legislative day, except as provided in Joint Rule 5-13. Any motion to reconsider shall be made under order of business No. 8, except as provided in Joint Rule 5-13, and takes precedence over all other motions except to recess or adjourn. No motion to reconsider the same question may be made twice in the same house without unanimous consent. Every motion to reconsider shall be decided by a majority vote of the members-elect on a roll call vote. No question may be reconsidered except the final disposition of bills and joint resolutions and the override of vetoes. No motion to lay on the table is subject to reconsideration. If a motion to reconsider a question is approved, the question shall be immediately reconsidered unless there is a motion to defer.

5-13.1. Immediate consideration of emergency measures. If the only reason a bill requires a two-thirds majority of members-elect for passage is that it contains an emergency clause, and if the affirmative vote for a the bill containing an emergency clause is less than two-thirds but more than one-half of the members-elect, the vote shall be immediately reconsidered.

5-17. Motion to delay action on amendments. Final action upon any amendment to a bill or resolution may not be had until one legislative day has intervened, if a request for delay is made and is supported by at least one-fifth of the members. However, no such request is in order during the last fourteen days of the session, less one day for every two days that the session is less than forty days after the deadline prescribed by Joint Rule Chapter 17. This rule cannot be invoked more than two times on the same bill in each house.

Amend Chapter 6A of the Joint Rules as follows:

6A-1. Legislative Documents. Only bills and the following may be introduced in the Legislature:

(1) A House or Senate resolution pertains to the affairs of one house only and requires action only by the legislative chamber concerned. A House or Senate resolution may be used to express an opinion or principle of one house, to express an opinion to or make a request of the other house, to regulate procedure, or to refer the subject matter of bills a topic to the Executive Board of the Legislative Research Council for possible study by an interim study committee;

(2) A concurrent resolution expresses the opinion or a principle of the Legislature not having does not have the force of law. A concurrent resolution shall only be used to authorize interim

studies, sessions or committees, to instruct a department of state government, or to petition federal agencies;

(3) A joint resolution contains matters of legislation only. A joint resolution may be used to refer a matter for referendum to the people, to place a constitutional amendment on the ballot at the next general election, to ratify proposed amendments to the United States Constitution, to enact legislative reapportionment, or to grant a water right pursuant to § 46-5-20.1;

(4) A House or Senate resolution of disapproval as provided under Article IV, Section 8, of the South Dakota Constitution; and

(5) A legislative commemoration expresses recognition of service or achievements of national or statewide importance or expresses sorrow over death or loss.

Amend Chapter 6B of the Joint Rules as follows:

6B-1. Time for introduction of bills, number of copies for introduction, bills are property of Legislature. Any member or committee desiring to introduce a bill, or resolution, or any member desiring to introduce a commemoration shall file two copies of the bill, resolution, or commemoration with the bill clerk at least two hours prior to the opening of the daily session. Any bill, resolution, or commemoration filed with the bill clerk and duly numbered becomes the property of the Legislature.

6B-3. Limit on number of bills that may be introduced. A legislator may introduce as prime sponsor only three individual bills or joint resolutions during the last three days for bill introduction prescribed by Joint Rule Chapter 17. A legislator may introduce as prime sponsor only four combined House, Senate, or concurrent resolutions, three of which must be introduced before the ninth legislative day. The final day for introduction of the fourth House, Senate, or concurrent resolution is prescribed by Joint Rule Chapter 17.

Amend Chapter 6E of the Joint Rules as follows:

6E-1.1. Amendments to the title of a bill.
An amendment that alters the subject of a bill in a manner that requires a new title shall also amend the title in that amendment in accordance with the altered subject of the bill.

6E-2. Hoghouse amendments. Any A substitute bill shall be treated as an amendment and shall be governed by the rules governing amendments. A substitute bill shall include a listing of the sponsors of the substitute bill, who shall be sponsors of the bill as amended by the substitute bill. Final committee action on any bill so amended with a substitute bill may not be heard until one legislative day has intervened, if a request for delay is made and supported by at least one-fifth of the committee members-elect unless the chair otherwise delays action on the bill as amended. However, no such A request for delay is not in order on the final day for the committee to act upon the bill, according to the committee's schedule.

Amend Chapter 6H of the Joint Rules as follows:


6H-3. Printing and calendaring of commemorations. Upon introduction, the presiding officer shall order the legislature commemoration printed in the journal of that legislative day. The presiding officer shall place each pending legislative commemoration on the calendar of the next legislative day following its printing introduction.

Amend Chapter 7 of the Joint Rules as follows:

7-7. Demand for delivery of bill or resolution to house _ "Smoke-out." Each house may by motion order its committee to deliver a bill or resolution under its consideration to that house, if no more than three legislative days have passed since the committee reported that the bill or resolution was tabled or deferred to the 41st legislative day. If the motion is supported by the vote of one-third or more of the members-elect, the chair of the committee shall, not later than the next legislative day, deliver the bill or resolution to the house with or without recommendation. The bill or resolution shall be delivered to the house in the same form as it the bill or resolution was in when it was tabled or deferred to the 41st legislative day by the committee.

7-7.1 Committee recommendation of "smoked-out" bill or resolution. If a bill or resolution is tabled or deferred to the 41st legislative day by a committee that does not have all members of that committee present, and the bill or resolution is subsequently subject to Joint Rule 7-7, the chair may convene a meeting of the committee with all members of the committee present to consider whether to recommend "Do Pass" or "Do Not Pass" on the bill or resolution. If a majority of all members of the committee do not vote in favor of a "Do Pass" or "Do Not Pass" recommendation on the bill or resolution, the chair shall deliver the bill or resolution in accordance with Joint Rule 7-7.

Amend Chapter 10 of the Joint Rules as follows:

10-2. Journal contents. In keeping a correct journal, the secretary of the Senate and the chief clerk of the House shall record in the journals of their respective houses the motions, resolutions, rules, and decisions of the respective houses.

Amend Chapter 11 of the Joint Rules as follows:

11-3. Proceedings governed by Mason's Manual. In all cases not covered by these rules, Mason's Manual of Legislative Procedure governs the proceedings of the Senate and the House of Representatives in all cases not covered by these rules.

Amend Chapter 13 of the Joint Rules as follows:

13-2. Consent calendar placement, objections. Any If any bill or resolution receives no opposition testimony in its final form and an affirmative "Do Pass" vote of all members present of the committee reporting the bill or resolution to its respective house, certified by the committee chair as an uncontested may certify the bill or resolution as uncontested. Any bill or resolution so certified shall be placed on the consent calendar by the secretary of the Senate or the chief clerk of the House of Representatives., on the consent calendar, upon an affirmative vote therefor of all the members present of the committee reporting the bill or resolution to its respective house. Upon objection of If any member objects to the placement or retention of any

bill or resolution on the consent calendar, the bill or resolution shall be removed from the consent calendar and may be placed on the house calendar for second reading on the following legislative day. No consent calendar bill or resolution may be considered for adoption until the legislative day following the day of its placement on the consent calendar.

Amend Chapter 17 of the Joint Rules as follows:

Chapter 17. Legislative Deadlines

Legislative Deadlines  
Legislative Action   40 Day Session  
A. Last day for unlimited introduction of individual bills and joint resolutions1   12th Day  
B. Last day for introduction of individual bills and joint resolutions1   15th Day  
C. Last day for introduction of committee bills and joint resolutions1   16th Day  
D. Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house   26th 27th Day  
E. Last day to move required delivery of bills or resolutions by a committee to the house of origin   28th Day  
F. Last day to pass bills or joint resolutions by the house of origin and to introduce House, Senate, or concurrent resolutions   29th Day  
G. Last day for introduction of commemorations   33rd Day  
H. During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)   34th Day on  
I. Last day to move required delivery of bills or resolutions by a committee to the second house   35th Day  
J. Last day for a bill or joint resolution to pass both houses   36th Day  
K. The last day of a legislative session is reserved for the consideration of vetoes   40th Day  
1 Bills and joint resolutions must be submitted to the Legislative Research Council at least 48 hours prior to this deadline, pursuant to Joint Rule
6A-5.  


17-1. Exceptions to deadlines for appropriation bills. Any general appropriation bill and, any bill that amends a prior year's general appropriations bill, or any bill that adjusts school district property tax levies pursuant to an appropriations bill is not subject to the legislative deadlines of C, E, F, I, and J, in this chapter, except that the general appropriation bill requested by the Governor shall be subject to legislative deadline C.

Any appropriation bill that is not a general appropriation bill, which is referred to or reported to the floor by the House Appropriations, the Senate Appropriations or the Joint Committee on Appropriations, is subject to the following legislative deadlines, in lieu of the legislative deadlines of E and F, in this chapter:

(1) Last day to move required delivery of bills by a committee to the house of origin: 31st Day;

(2) Last day to pass bills by the house of origin: 32nd Day.

    Your Joint Committee on Legislative Procedures also respectfully recommends the days of the Ninety-fifth Legislative Session be adopted as shown below:




Respectfully Submitted,            Respectfully Submitted,
Steven G. Haugaard, Chair            Brock L. Greenfield, Vice Chair


MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 15, 118, 136, and 137 were delivered to her Excellency, the Governor, for her approval at 7:30 p.m.,
March 12, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair


REPORTS OF CONFERENCE COMMITTEES

Cc176a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 176 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 176 be amended as follows:

176jc

    On page 1, line 4, of the House engrossed bill, delete "Department of Game, Fish and Parks or" and insert "general fund the sum of one million dollars ($1,000,000),".

    On page 1, line 5, delete everything before "or" .

176yb

    On page 2, line 2, of the House engrossed bill, after "." insert "A person who has a commercial fee hunting establishment may not participate in any program supported by funds appropriated through this Act.".

    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,    Respectfully submitted,
Justin Cronin            John Mills
Senate Committee Chair    House Committee Chair



Cc1265a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1265 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the Senate and House do not concur with the Senate amendments to HB 1265 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
John Wiik            Spencer Gosch
Senate Committee Chair    House Committee Chair

MOTIONS AND RESOLUTIONS

    Sen. Langer moved that HB 1187 and SB 176 and 181 be placed to follow HB1265 on today's calendar.

    Which motion prevailed.

    Sen. White moved that the report of the Conference Committee on SB 128 as found on page 702 of the Senate Journal be adopted.

    The question being on Sen. White's motion that the report of the Conference Committee on SB 128 be adopted.

    And the roll being called:

    Yeas 26, Nays 6, Excused 3, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Heinert; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Partridge; Rusch; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

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

    Excused:
Curd; Foster; Schoenbeck

    So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the report was adopted.



    Sen. Stalzer moved that the report of the Conference Committee on SB 8 as found on page 700 of the Senate Journal be adopted.

    The question being on Sen. Stalzer's motion that the report of the Conference Committee on SB 8 be adopted.

    And the roll being called:

    Yeas 28, Nays 3, Excused 4, Absent 0

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

    Nays:
DiSanto; Jensen (Phil); Nelson

    Excused:
Cronin; Curd; Foster; Schoenbeck

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

    Sen. Wiik moved that the report of the Conference Committee on HB 1265 as found on page 711 of the Senate Journal be adopted.

    The question being on Sen. Wiik's motion that the report of the Conference Committee on HB 1265 be adopted.

    And the roll being called:

    Yeas 28, Nays 3, Excused 3, Absent 0

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

    Nays:
Partridge; Soholt; Solano

    Excused:
Curd; Foster; Schoenbeck

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



    Sen. Langer moved that the Senate do now recess until 9:30 p.m., which motion prevailed and at 8:24 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 9:30 p.m., the President Pro Tem presiding.

    Sen. Langer moved that the Senate do now recess until 10:15 p.m., which motion prevailed and at 9:35 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 10:15 p.m., the President presiding.

    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 the Office of Engrossing and Enrolling has carefully compared SB 128, 8, 123, 146, 167, 178, 179, and 182 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc181a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 181 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB181 be amended as follows:


181zb

    On page 1, line 4, of the House Appropriations Committee engrossed bill, delete "five million six hundred three" and insert "six million six hundred three thousand four hundred sixty-three dollars ($6,603,463)".

    On page 1, line 5, delete everything before "from" .

    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,    Respectfully submitted,
Justin Cronin            Chris Karr
Senate Committee Chair    House Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1187 and 1265 and SB 128 and 176.

Respectfully,
Sandra J. Zinter, Chief Clerk

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Cronin moved that the report of the Conference Committee on SB 176 as found on page 710 of the Senate Journal be adopted.

    The question being on Sen. Cronin's motion that the report of the Conference Committee on SB 176 be adopted.

    And the roll being called:

    Yeas 24, Nays 6, Excused 5, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Klumb; Kolbeck; Langer; Maher; Monroe; Novstrup; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg


    Nays:
Heinert; Jensen (Phil); Kennedy; Nelson; Nesiba; Russell

    Excused:
Curd; DiSanto; Foster; Schoenbeck; Wismer

    So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the report was adopted.

    Sen. Partridge moved that the report of the Conference Committee on SB 181 as found on page 713 of the Senate Journal be adopted.

    The question being on Sen. Partridge's motion that the report of the Conference Committee on SB 181 be adopted.

    And the roll being called:

    Yeas 28, Nays 2, Excused 5, Absent 0

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

    Nays:
Jensen (Phil); Nelson

    Excused:
Curd; DiSanto; Foster; Schoenbeck; Wismer

    So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the report was adopted.

    Sen. Monroe moved that the report of the Conference Committee on HB 1187 as found on page 701 of the Senate Journal be adopted.

    The question being on Sen. Monroe's motion that the report of the Conference Committee on HB 1187 be adopted.

    And the roll being called:

    Yeas 28, Nays 2, Excused 5, Absent 0


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

    Nays:
Nelson; Otten (Ernie)

    Excused:
Curd; DiSanto; Foster; Schoenbeck; Wismer

    So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the report was adopted.

SIGNING OF BILLS

    The President publicly read the title to

    SB 8: FOR AN ACT ENTITLED, An Act to provide for a statewide resource information system.

    SB 123: FOR AN ACT ENTITLED, An Act to provide for the adoption of privacy protection policies.

    SB 146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licenses for speech-language pathology services.

    SB 167: FOR AN ACT ENTITLED, An Act to establish a legislative study to study offenses regarding controlled substances.

    SB 178: 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.

    SB 179: 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.

    SB 182: 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.

    SB 128: FOR AN ACT ENTITLED, An Act to make an appropriation to the gaming commission fund, to provide for the transfer of funds to the special racing revolving fund and the South Dakota-bred racing fund, and to declare an emergency.

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



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

    HB 1087: FOR AN ACT ENTITLED, An Act to promote free speech and intellectual diversity at certain institutions of higher education.

    HB 1177: FOR AN ACT ENTITLED, An Act to provide an opportunity to view a sonogram and hear the child's heartbeat prior to an abortion.

    HB 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vapor products.

    And signed the same in the presence of the Senate.

    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 the Office of Engrossing and Enrolling has carefully compared SB 176 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair


MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 172 and returns the same with the recommendation that said bill be amended as follows:

172wa

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

"
    Section 1. There is hereby appropriated from the general fund the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, to the special emergency and disaster special revenue fund for costs related to disasters in the state.

    Section 2. The secretary of public safety shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.


    Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 4. 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.


172wta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "make an appropriation for costs related to disasters in the state and to declare an emergency.".

    On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 180 and returns the same with the recommendation that said bill be amended as follows:

180tc

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

"    Section 1. That section 2 of chapter 37 of the 2018 Session Laws be amended to read:

OFFICE OF THE GOVERNOR

    (8) Building South Dakota - Local Infrastructure Improvement
        Operating Expenses, Other Funds, delete "$1,470,000" and insert "$4,770,000"
    (10) Building South Dakota - SD Housing Opportunity
        Operating Expenses, Other Funds, delete "$2,940,000" and insert "$3,016,568"

    Section 2. That section 3 of chapter 37 of the 2018 Session Laws be amended to read:

BUREAU OF FINANCE AND MANAGEMENT (BFM)

    (5) Employee Compensation and Billing Pools
        Personal Services, General Funds, delete "$4,786,989" and insert "$5,340,076"
        Personal Services, Federal Funds, delete "$2,498,371" and insert "$2,696,978"
        Personal Services, Other Funds, delete "$5,602,902" and insert "$5,929,784"
        Operating Expenses, General Funds, delete "$623,245" and insert "$1,071,504"
        Operating Expenses, Federal Funds, delete "$338,345" and insert "$722,167"
        Operating Expenses, Other Funds, delete "$542,269" and insert "$2,010,668"


    Section 3. That section 8 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF AGRICULTURE

    (3) Agricultural Development and Promotion
        Operating Expenses, General Funds, delete "$469,390" and insert "$569,390"
    (4) Animal Industry Board
        Operating Expenses, Other Funds, delete "$3,487,106" and insert "$6,836,819"

    Section 4. That section 10 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF GAME, FISH AND PARKS

    (5) State Parks and Recreation - Development and Improvement
        Operating Expenses, Other Funds, delete "$6,600,000" and insert "$8,181,250"

    Section 5. That section 11 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF TRIBAL RELATIONS

    (1) Office of Tribal Relations
        Operating Expenses, Other Funds, delete "$20,000" and insert "$40,000"

    Section 6. That section 12 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF SOCIAL SERVICES

    (2) Economic Assistance
        Operating Expenses, General Funds, delete "$17,631,603" and insert "$17,661,960"
    (3) Medical Services
        Operating Expenses, General Funds, delete "$230,543,367" and insert "$209,466,824"
        Operating Expenses, Federal Funds, delete "$417,237,050" and insert "$401,228,193"
    (4) Children's Services
        Operating Expenses, General Funds, delete "$35,322,302" and insert "$33,963,880"
        Operating Expenses, Federal Funds, delete "$38,705,073" and insert "$46,215,547"
        Operating Expenses, Other Funds, delete "$3,063,314" and insert "$3,065,238"
    (5) Behavioral Health
        Personal Services, General Funds, delete "$33,087,854" and insert "$32,587,854"
        Personal Services, Federal Funds, delete "$8,164,414" and insert "$8,664,414"
        Operating Expenses, General Funds, delete "$51,496,862" and insert "$50,715,963"
        Operating Expenses, Federal Funds, delete "$29,550,243" and insert "$33,692,626"
        Operating Expenses, Other Funds, delete "$1,413,790" and insert "$1,415,135"

    Section 7. That section 13 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF HEALTH

    (1) Administration, Secretary of Health


        Operating Expenses, Federal Funds, delete "$712,750" and insert "$1,364,425"
    (3) Family and Community Health
        Personal Services, Federal Funds, delete "$10,315,131" and insert "$10,422,841"
        Personal Services, Other Funds, delete "$1,368,901" and insert "$1,261,191"
    (4) Laboratory Services
        Personal Services, Federal Funds, delete "$628,472" and insert "$688,472"
        Operating Expenses, Federal Funds, delete "$2,715,348" and insert "$3,315,348"
    (5) Correctional Health
        Operating Expenses, Other Funds, delete "$17,190,617" and insert "$17,194,610"
    (15) Board of Pharmacy - Informational
        Personal Services, Federal Funds, delete "$0" and insert "$75,000"
        Operating Expenses, Federal Funds, delete "$0" and insert "$400,000"

    Section 8. That section 14 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF LABOR AND REGULATION

    (1) Administration, Secretary of Labor
        Operating Expenses, Federal Funds, delete "$7,778,249" and insert "$8,625,249"
    (2) Unemployment Insurance Service
        Personal Services, Federal Funds, delete "$4,178,467" and insert "$4,096,175"
        Operating Expenses, Federal Funds, delete "$2,635,559" and insert "$2,630,779"
        F.T.E, delete "74.0" and insert "72.0"
    (4) State Labor Law Administration
        Personal Services, General Funds, delete "$628,709" and insert "$620,599"
        Operating Expenses, General Funds, delete "$97,528" and insert "$105,638"

    Section 9. That section 15 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF TRANSPORTATION

    (1) General Operations
        Operating Expenses, Federal Funds, delete "$30,121,451" and insert "$30,841,451"
        Operating Expenses, Other Funds, delete "$95,286,998" and insert "$95,424,080"

    Section 10. That section 16 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF EDUCATION

    (1) Administration, Secretary of Education
        Personal Services, Federal Funds, delete "$962,841" and insert "$1,037,385"
        Operating Expenses, Federal Funds, delete "$3,698,184" and insert "$5,155,926"
        F.T.E, delete "35.0" and insert "36.0"
    (3) State Aid to General Education
        Operating Expenses, General Funds, delete "$467,381,046" and insert "$460,471,381"
    (5) Sparsity Payments
        Operating Expenses, General Funds, delete "$2,011,464" and insert "$2,017,234"
    (8) Postsecondary Vocational Education


        Operating Expenses, General Funds, delete "$23,380,382" and insert "$23,461,887"
    (11) Education Resources
        Operating Expenses, General Funds, delete "$7,646,672" and insert "$8,005,414"

    Section 11. That section 17 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF PUBLIC SAFETY

    (1) Administration, Secretary of Public Safety
        Operating Expenses, Other Funds, delete "$129,750" and insert "$159,750"
    (2) Highway Patrol
        Personal Services, Federal Funds, delete "$1,584,954" and insert "$2,064,954"
        Operating Expenses, Other Funds, delete "$7,419,972" and insert "$7,672,448"
    (3) Emergency Services & Homeland Security
        Operating Expenses, Federal Funds, delete "$8,014,755" and insert "$7,984,755"
    (4) Legal and Regulatory Services
        Operating Expenses, General Funds, delete "$1,323,980" and insert "$1,327,886"

    Section 12. That section 18 of chapter 37 of the 2018 Session Laws be amended to read:

BOARD OF REGENTS

    (4) University of South Dakota
        Operating Expenses, General Funds, delete "$3,281,890" and insert "$3,153,937"
    (7) South Dakota State University
        Operating Expenses, General Funds, delete "$5,463,199" and insert "$5,475,268"
    (10) SD School of Mines and Technology
        Operating Expenses, General Funds, delete "$945,713" and insert "$950,467"
    (11) Northern State University
        Operating Expenses, General Funds, delete "$1,029,910" and insert "$959,566"
    (12) Black Hills State University
        Operating Expenses, General Funds, delete "$741,622" and insert "$619,041"
    (13) Dakota State University
        Operating Expenses, General Funds, delete "$570,667" and insert "$588,190"
        Operating Expenses, Other Funds, delete "$11,972,223" and insert "$14,132,223"
    (14) SD School for the Deaf
        Operating Expenses, General Funds, delete "$1,012,893" and insert "$1,008,882"
    (15) SD School for the Blind and Visually Impaired
        Operating Expenses, General Funds, delete "$311,968" and insert "$316,170"

    Section 13. That section 19 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF THE MILITARY

    (2) Army Guard
        Operating Expenses, General Funds, delete "$2,742,003" and insert "$2,719,612"
        Operating Expenses, Federal Funds, delete "$12,684,957" and insert "$12,614,162"
    (3) Air Guard


        Operating Expenses, General Funds, delete "$234,687" and insert "$249,353"
        Operating Expenses, Federal Funds, delete "$2,678,761" and insert "$2,689,027"

    Section 14. That section 20 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF VETERANS' AFFAIRS

    (2) State Veterans' Home
        Operating Expenses, Other Funds, delete "$3,209,528" and insert "$3,245,039"

    Section 15. That section 21 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF CORRECTIONS

    (2) Mike Durfee State Prison
        Operating Expenses, General Funds, delete "$6,516,007" and insert "$6,618,876"
    (3) State Penitentiary
        Operating Expenses, General Funds, delete "$6,648,422" and insert "$6,605,384"
    (4) Women's Prison
        Operating Expenses, General Funds, delete "$1,828,176" and insert "$1,776,396"
    (6) Inmate Services
        Operating Expenses, General Funds, delete "$29,352,607" and insert "$29,357,945"
    (8) Juvenile Community Corrections
        Operating Expenses, General Funds, delete "$10,280,349" and insert "$9,980,584"
        Operating Expenses, Federal Funds, delete "$3,511,186" and insert "$3,073,392"

    Section 16. That section 22 of chapter 37 of the 2018 Session Laws be amended to read:

DEPARTMENT OF HUMAN SERVICES

    (1) Administration, Secretary of Human Services
        Operating Expenses, General Funds, delete "$311,775" and insert "$312,979"
    (2) Developmental Disabilities
        Operating Expenses, General Funds, delete "$60,018,078" and insert "$60,893,353"
        Operating Expenses, Federal Funds, delete "$82,990,339" and insert "$84,242,985"
        Operating Expenses, Other Funds, delete "$5,591,583" and insert "$5,625,714"
    (3) South Dakota Developmental Center - Redfield
        Personal Services, General Funds, delete "$8,600,315" and insert "$8,003,429"
        Personal Services, Federal Funds, delete "$11,162,885" and insert "$10,391,709"
        Operating Expenses, General Funds, delete "$2,272,183" and insert "$2,556,358"
        Operating Expenses, Federal Funds, delete "$2,756,091" and insert "$3,123,248"
        F.T.E, delete "352.6" and insert "346.6"
    (4) Long Term Services and Supports
        Operating Expenses, General Funds, delete "$85,708,176" and insert "$87,814,785"
        Operating Expenses, Federal Funds, delete "$106,338,255" and insert "$113,324,881"
    (5) Rehabilitation Services
        Operating Expenses, General Funds, delete "$3,967,352" and insert "$3,990,239"
        Operating Expenses, Federal Funds, delete "$13,115,248" and insert "$13,135,472"



    Section 17. That section 26 of chapter 37 of the 2018 Session Laws be amended to read:

UNIFIED JUDICIAL SYSTEM

    (2) Unified Judicial System
        Personal Services, General Funds, delete "$39,830,656" and insert "$39,930,656"
        Personal Services, Federal Funds, delete "$403,731" and insert "$303,731"
        Operating Expenses, General Funds, delete "$4,846,124" and insert "$4,860,749"

    Section 18. That section 27 of chapter 37 of the 2018 Session Laws be amended to read:

LEGISLATIVE BRANCH

    (1) Legislative Operations
        Single Line Item Appropriation, General Funds, delete "$6,805,998" and insert "$6,785,858"

    Section 19. That section 28 of chapter 37 of the 2018 Session Laws be amended to read:

OFFICE OF THE ATTORNEY GENERAL

    (1) Legal Services Program
        Operating Expenses, Other Funds, delete "$1,059,403" and insert "$3,059,403"
    (2) Criminal Investigation
        Personal Services, Federal Funds, delete "$1,136,812" and insert "$1,381,913"
        Operating Expenses, General Funds, delete "$1,432,576" and insert "$1,539,982"
        Operating Expenses, Federal Funds, delete "$2,052,759" and insert "$4,250,706"
        Operating Expenses, Other Funds, delete "$2,902,668" and insert "$3,686,118"
        F.T.E, delete "100.5" and insert "102.5"
    (3) Law Enforcement Training
        Operating Expenses, Other Funds, delete "$1,094,814" and insert "$1,235,068"

    Section 20. That section 30 of chapter 37 of the 2018 Session Laws be amended to read:

SECRETARY OF STATE

    (1) Secretary of State
        Operating Expenses, General Funds, delete "$381,841" and insert "$531,841"
        Operating Expenses, Federal Funds, delete "$1,212,019" and insert "$4,465,419"

    Section 21. Adjust all totals accordingly in sections 1 to 20, inclusive, of this Act.

    Section 22. That section 34 of chapter 36 of the 2018 Session Laws be amended to read:

    From the state highway fund:
Radio Communications Operations, delete "$3,259,837" and insert "$3,481,347"
    From the game, fish and parks fund:
Radio Communications Operations, delete "$359,817" and insert "$74,161"


    From the motor vehicle fund:
Radio Communications Operations, delete "$572,221" and insert "$614,355"
Adjust all totals accordingly.

    Section 23. That section 42 of chapter 36 of the 2018 Session Laws be amended to read:

    CORRECTIONS
Pardon and Paroles, Board of, delete $75" and insert "$200"

    Section 24. That chapter 36 of the 2018 Session Laws be amended by adding thereto NEW SECTIONS to read:

    [Section 43.] The state treasurer shall transfer from the state general fund the sum of five million dollars to the rural broadband fund for the purpose of expanding rural broadband.

    [Section 44.] The state treasurer shall transfer from the state general fund the sum of four million six hundred twenty thousand nine hundred twenty dollars to the radio communication fund for the purpose of upgrading emergency and communication infrastructure.

    [Section 45.] The state treasurer shall transfer to the state general fund the sum of seven hundred five thousand one hundred one dollars from the mountain pine beetle fund.

    [Section 46.] The state treasurer shall transfer from the state general fund the sum of two hundred thousand dollars to the teen court grant program fund.

    [Section 47.] The state treasurer shall transfer from the state general fund the sum of seven hundred thousand dollars to the legislative priority pilot program contingency fund.

    Section 25. Funds appropriated by this Act which are unspent at the end of fiscal year 2019 may be carried over to fiscal year 2020.

    Section 26. This Act is effective June 28, 2019."


    And that as so amended said bill do pass.

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

    Sen. Langer moved that JR 6F-5 be suspended for the sole purpose of placing SB 172 on today's calendar.

    The question being on Sen. Langer's motion that the rules be suspended for the sole purpose of placing SB 172 on today's calendar.


    And the roll being called:

    Yeas 27, Nays 2, Excused 6, Absent 0

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

    Nays:
Nelson; Russell

    Excused:
Curd; DiSanto; Foster; Jensen (Phil); Schoenbeck; Wismer

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

    SB 172: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 172 pass as amended?”

    And the roll being called:

    Yeas 27, Nays 2, Excused 6, Absent 0

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

    Nays:
Nelson; Russell

    Excused:
Curd; DiSanto; Foster; Jensen (Phil); Schoenbeck; Wismer

    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.

    Sen. Langer moved that JR 6F-5 be suspended for the sole purpose of placing SB 180 on today's calendar.


    The question being on Sen. Langer's motion that the rules be suspended for the sole purpose of placing SB 180 on today's calendar.

    And the roll being called:

    Yeas 27, Nays 2, Excused 6, Absent 0

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

    Nays:
Nelson; Russell

    Excused:
Curd; DiSanto; Foster; Jensen (Phil); Schoenbeck; Wismer

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 180: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2019.

    Was read the second time.

    The question being “Shall SB 180 pass as amended?”

    And the roll being called:

    Yeas 26, Nays 3, Excused 6, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Heinert; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg

    Nays:
Kennedy; Nelson; Russell

    Excused:
Curd; DiSanto; Foster; Jensen (Phil); Schoenbeck; Wismer


    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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 191 Introduced by: The Committee on Committee on Appropriations

    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 the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1, and placed SB 191 on today's calendar.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 191: 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 second time.

    The question being “Shall SB 191 pass?”

    And the roll being called:

    Yeas 27, Nays 2, Excused 6, Absent 0

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

    Nays:
Nelson; Russell

    Excused:
Curd; DiSanto; Foster; Jensen (Phil); Schoenbeck; Wismer

    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.


    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 the Office of Engrossing and Enrolling has carefully compared SB 181 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 181.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Langer moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Friday, March 29th, the 39th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 176: FOR AN ACT ENTITLED, An Act to make an appropriation for the second century habitat fund.

    SB 181: FOR AN ACT ENTITLED, An Act to provide for the transfer of funds from the budget reserve fund and to declare an emergency.


    HB 1187: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to conduct a study of the Flaming Fountain on Capitol Lake, to make an appropriation therefor, and to declare an emergency.

    And signed the same in the presence of the Senate.

    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 the Office of Engrossing and Enrolling has carefully compared SB 172, 180, and 191 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith SB 172, 180, and 191 which have passed the House without change.

Respectfully,
Sandra J. Zinter, Chief Clerk


SIGNING OF BILLS

    The President publicly read the title to

    SB 172: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

    SB 180: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2019.


    SB 191: 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.

    And signed the same in the presence of the Senate.

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 8, 123, 128, 146, 167, 172, 176, 178, 179, 180, 181, 182, and 191 were delivered to her Excellency, the Governor, for her approval at 3:00 a.m., March 13, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair


    Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at
3:00 a.m. the Senate adjourned.

Kay Johnson, Secretary