The prayer was offered by the Chaplain, Rev. Peggy Stempson, followed by the Pledge of
Allegiance led by House pages Veronica Kinkler and Marisa Smith.
Roll Call: All members present except Reps. Carson, Lesmeister, and York who were
excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the eighteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Rep. McCleerey introduced Morgan Janisch, the 2016 South Dakota 4-H Rodeo
Ambassador from Sisseton, South Dakota.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 59 and 65 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1130 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1153 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1113 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1160 and 1166 which were deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
HB 1125 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1116 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1058 and 1104 which were deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1036 and 1057 which have passed the Senate
without change.
I have the honor to return herewith HB 1040 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SB 36, 69, 106, 116, and 146 which have passed the
Senate and your favorable consideration is respectfully requested.
Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Thursday, February 9, the 20th legislative day.
Which motion prevailed.
Rep. Rounds requested a fiscal note on SB 61.
Which request was supported.
Rep. Qualm moved that the reports of the Standing Committees on
Health and Human Services on SB 6 as found on page 318 of the House Journal; also
Transportation on HB 1087 as found on page 319 of the House Journal; also
Transportation on HB 1109 as found on page 320 of the House Journal; also
Local Government on HB 1085 as found on page 322 of the House Journal; also
Local Government on HB 1098 as found on page 323 of the House Journal be adopted.
Which motion prevailed.
The Speaker declared that HB 1169 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
SB 36: FOR AN ACT ENTITLED, An Act to revise the time to file certain tax returns and
remit certain taxes.
Was read the first time and referred to the Committee on Taxation.
SB 69: FOR AN ACT ENTITLED, An Act to revise the tax required when a new motor
vehicle dealer licenses a new motor vehicle.
Was read the first time and referred to the Committee on Taxation.
SB 106: FOR AN ACT ENTITLED, An Act to enhance South Dakota.
Was read the first time and referred to the Committee on State Affairs.
SB 116: FOR AN ACT ENTITLED, An Act to improve online access to information
concerning state boards, commissions, and departments.
Was read the first time and referred to the Committee on State Affairs.
SB 146: FOR AN ACT ENTITLED, An Act to revise the voting authority of an alderman.
Was read the first time and referred to the Committee on Local Government.
HB 1161: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain
township, municipal, and school district fiscal reports to be submitted to county auditors.
Was read the second time.
The question being "Shall HB 1161 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McCleerey;
McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; Zikmund; Speaker
Mickelson
Excused:
Carson; Lesmeister; York
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1065: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
liability of persons for certain business debts.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1065 pass?"
And the roll being called:
Yeas 55, Nays 12, Excused 3, Absent 0
Nays:
Ahlers; Bordeaux; Johns; McCleerey; Otten (Herman); Pischke; Ring; Rounds; Soli; Stevens;
Wismer; Speaker Mickelson
Excused:
Carson; Lesmeister; York
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1052: FOR AN ACT ENTITLED, An Act to provide certain protections for public
employees who report violations of law.
Having had its second reading was up for consideration and final passage.
" Section 2. That the code be amended by adding a NEW SECTION to read:
A roll call vote was requested.
And the roll being called:
Yeas 35, Nays 32, Excused 3, Absent 0
Yeas:
Ahlers; Bartling; Bordeaux; Campbell; Chase; Conzet; Dennert; Frye-Mueller; Goodwin;
Haugaard; Hawley; Howard; Jamison; Jensen (Kevin); Johns; Kaiser; Karr; Lake; Livermont;
Lust; Marty; May; McCleerey; Mills; Otten (Herman); Pischke; Rasmussen; Ring; Rozum;
Schoenfish; Smith; Soli; Tieszen; Tulson; Wismer
Nays:
Anderson; Bartels; Beal; Brunner; Clark; DiSanto; Duvall; Glanzer; Gosch; Greenfield (Lana);
Haggar; Heinemann; Holmes; Hunhoff; Johnson; Kettwig; Latterell; McPherson; Peterson
(Kent); Peterson (Sue); Qualm; Reed; Rhoden; Rounds; Schaefer; Steinhauer; Stevens;
Turbiville; Wiese; Willadsen; Zikmund; Speaker Mickelson
Excused:
Carson; Lesmeister; York
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried.
The question being "Shall HB 1052 pass as amended?"
And the roll being called:
Yeas 62, Nays 5, Excused 3, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Kaiser; Karr;
Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten
(Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Ring; Rozum;
Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese;
Willadsen; Wismer; Zikmund; Speaker Mickelson
Nays:
Beal; Heinemann; Johnson; Rhoden; Rounds
Excused:
Carson; Lesmeister; York
So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.
HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding credit
for reinsurance.
Was read the second time.
The question being "Shall HB 1045 pass as amended?"
And the roll being called:
Yeas 63, Nays 3, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley;
Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr;
Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten
(Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring;
Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville;
Wiese; Willadsen; Wismer; Zikmund; Speaker Mickelson
Nays:
Dennert; Haugaard; Kaiser
Excused:
Carson; Lesmeister; Rozum; York
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
HB 1060: FOR AN ACT ENTITLED, An Act to provide requirements and standards for
insurers' own risk and solvency assessments.
Was read the second time.
And the roll being called:
Yeas 64, Nays 2, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McCleerey; McPherson;
Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed;
Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen;
Tulson; Turbiville; Wiese; Willadsen; Wismer; Zikmund; Speaker Mickelson
Nays:
Dennert; Kaiser
Excused:
Carson; Lesmeister; Rozum; York
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1096: FOR AN ACT ENTITLED, An Act to provide for a criminal penalty for any
person who prevents the enforcement of a secured creditor's security interest upon repossession
of a motor vehicle.
Was read the second time.
The question being "Shall HB 1096 pass as amended?"
And the roll being called:
Yeas 55, Nays 11, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Chase; Clark; Conzet; DiSanto; Duvall;
Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann;
Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lust;
May; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer;
Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Zikmund; Speaker Mickelson
Nays:
Brunner; Campbell; Dennert; Goodwin; Howard; Kaiser; Karr; Livermont; Marty; Pischke;
Wiese
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1100: FOR AN ACT ENTITLED, An Act to allow law enforcement to initiate a mental
illness hold in domestic violence situations.
Was read the second time.
The question being "Shall HB 1100 pass as amended?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McCleerey;
McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer;
Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; Zikmund; Speaker Mickelson
Excused:
Carson; Lesmeister; Rozum; York
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Was read the second time.
The question being "Shall HB 1147 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McCleerey;
McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer;
Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; Zikmund; Speaker Mickelson
Excused:
Carson; Lesmeister; Rozum; York
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
HB 1156: FOR AN ACT ENTITLED, An Act to allow a concealed pistol in the capitol
with an enhanced concealed pistol permit.
Was read the second time.
The question being "Shall HB 1156 pass as amended?"
And the roll being called:
Yeas 46, Nays 20, Excused 4, Absent 0
Yeas:
Bartels; Beal; Brunner; Campbell; Chase; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer;
Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Howard; Hunhoff;
Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust;
Marty; May; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke;
Qualm; Rasmussen; Rhoden; Rounds; Steinhauer; Tulson; Wiese; Willadsen; Zikmund; Speaker
Mickelson
Nays:
Ahlers; Anderson; Bartling; Bordeaux; Conzet; Duvall; Hawley; Holmes; Johns; McCleerey;
Reed; Ring; Schaefer; Schoenfish; Smith; Soli; Stevens; Tieszen; Turbiville; Wismer
Excused:
Carson; Lesmeister; Rozum; York
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HJR 1002: A JOINT RESOLUTION, To apply for a convention of states under Article V
of the Constitution of the United States to impose fiscal restraints on the federal government and
limit the power and jurisdiction of the federal government.
Was read the second time.
The question being "Shall HJR 1002 pass?"
And the roll being called:
Yeas:
Anderson; Beal; Clark; DiSanto; Goodwin; Haggar; Haugaard; Heinemann; Howard; Jamison;
Jensen (Kevin); Karr; Kettwig; Latterell; Lust; Marty; May; Mills; Otten (Herman); Peterson
(Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Steinhauer; Tieszen; Wiese;
Willadsen; Zikmund; Speaker Mickelson
Nays:
Ahlers; Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Dennert; Duvall; Frye-Mueller;
Glanzer; Gosch; Greenfield (Lana); Hawley; Holmes; Hunhoff; Johns; Johnson; Kaiser; Lake;
Livermont; McCleerey; McPherson; Reed; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli;
Stevens; Tulson; Turbiville; Wismer
Excused:
Carson; Conzet; Lesmeister; Rozum; York
So the resolution not having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution lost.
Rep. Latterell announced his intention to reconsider the vote by which HJR 1002 lost.
Rep. Qualm moved that the balance of the calendar including HB 1083, 1101, 1118, 1144,
1073, 1150, and 1110 and SB 14, 15, 17, 18, 1, 44, 49, and 48 be deferred to Thursday,
February 9, the 20th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1009, 1011, 1022,
and 1039 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m.,
February 8, 2017.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1036 and 1057 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning voter
registration and notices of boundary changes for local elections.
HB 1057: FOR AN ACT ENTITLED, An Act to revise when improvement districts shall
hold an election of board members.
SB 26: FOR AN ACT ENTITLED, An Act to revise the state automated victim notification
system.
And signed the same in the presence of the House.
HC 1011 Introduced by: Representatives Lake, Duvall, Gosch, and Lust and Senators
Cronin and Tidemann
Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:15 p.m.
the House adjourned.