The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of
Allegiance led by House pages Jessica Darnell and Olivia Rasmussen.
Roll Call: All members present except Reps. Carson, McPherson, and Rasmussen 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 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.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1197 which was deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration SB 36
and 69 and returns the same with the recommendation that said bills do pass.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 46 and returns the same with the recommendation that said bill do pass
and be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1177 and 1178 which were tabled.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1164 which was tabled.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1163 which was deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1174 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1124 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1126 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1007, 1015, 1026, 1031, and 1038 which have
passed the Senate without change.
I have the honor to transmit herewith SB 70, 75, 77, 137, 140, and 145 which have passed
the Senate and your favorable consideration is respectfully requested.
HCR 1007: A CONCURRENT RESOLUTION, Strengthening and expanding sister-state
ties between South Dakota and Taiwan; supporting the signing of a Free Trade Agreement
(FTA) and a Bilateral Investment Agreement (BIA) with the United States; and reaffirming
support for increasing Taiwan's international profile.
Rep. Rounds moved that HCR 1007 as found on page 269 of the House Journal be adopted.
The question being on Rep. Rounds' motion that HCR 1007 be adopted.
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; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed;
Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens;
Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Excused:
Carson; McPherson; Rasmussen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1007 was adopted.
Rep. Goodwin moved that the Committee on Taxation be instructed to deliver HB 1131
to the floor of the House, pursuant to Joint Rule 7-7.
Which motion was not supported.
Rep. Qualm moved that the reports of the Standing Committees on
Education on HB 1133 as found on page 368 of the House Journal; also
Judiciary on HB 1170 as found on page 369 of the House Journal; also
Commerce and Energy on HB 1179 as found on page 370 of the House Journal be adopted.
Which motion prevailed.
The Speaker declared that HB 1194 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
SB 70: FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund and its revolving fund subfunds for various water and environmental
purposes, to increase the transfer from the water and environment fund to the environment and
natural resources fee fund, and to declare an emergency.
Was read the first time and the Speaker waived the referral to the standing committee
pursuant to Joint Rule 6D-1.
SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
purchase from a municipality of malt beverages by certain alcoholic beverage licensees.
Was read the first time.
SB 77: FOR AN ACT ENTITLED, An Act to provide for a fiscal note for any initiated
measure, initiated amendment to the Constitution, or referred law that would have a fiscal
impact on the state.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 140: FOR AN ACT ENTITLED, An Act to require schools to provide instruction in
hands-only cardiopulmonary resuscitation.
Was read the first time and referred to the Committee on Education.
SB 145: FOR AN ACT ENTITLED, An Act to provide limitation on liability for certain
architects and engineers
Was read the first time and referred to the Committee on Judiciary.
There being no objection, the House proceeded to Order of Business No. 14.
Speaker Pro tempore Haggar now presiding.
SB 65: FOR AN ACT ENTITLED, An Act to establish the South Dakota Board of
Technical Education and to revise certain provisions regarding career and technical education
and postsecondary technical institutes.
Was read the second time.
The question being "Shall SB 65 pass?"
And the roll being called:
Yeas 65, Nays 2, Excused 3, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard;
Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr;
Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten
(Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring; Rounds;
Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville;
Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Excused:
Carson; McPherson; Rasmussen
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.
There being no objection, the House reverted to Order of Business No. 13.
HB 1073: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions
regarding gifts from registered lobbyists to public officials.
Was read the second time.
The question being "Shall HB 1073 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; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring;
Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson;
Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
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 1098: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
notice requirements of county commissions in authorizing installation of utility lines along and
across highways.
Was read the second time.
The question being "Shall HB 1098 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; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring;
Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson;
Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Excused:
Carson; McPherson; Otten (Herman); Rasmussen
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 1083: FOR AN ACT ENTITLED, An Act to establish certain provisions for awarding
grants and collecting surcharges related to the equal access to our courts fund.
Was read the second time.
The question being "Shall HB 1083 pass?"
And the roll being called:
Yeas 50, Nays 16, Excused 4, Absent 0
Nays:
Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana);
Howard; Kaiser; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke
Excused:
Carson; McPherson; Otten (Herman); Rasmussen
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 1118: FOR AN ACT ENTITLED, An Act to eliminate the need to prove the use of
force, fraud, or coercion in the human trafficking of minors.
Was read the second time.
The question being "Shall HB 1118 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; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring;
Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson;
Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Excused:
Carson; McPherson; Otten (Herman); Rasmussen
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.
Was read the second time.
The question being "Shall HB 1101 pass?"
And the roll being called:
Yeas 58, Nays 8, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Brunner; Campbell; Chase; Clark; Conzet; Dennert;
DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson;
Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; Mills; Peterson (Kent);
Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish;
Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson
Nays:
Bordeaux; Hawley; Lesmeister; McCleerey; Smith; Soli; Tieszen; Wismer
Excused:
Carson; McPherson; Otten (Herman); Rasmussen
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 1144: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
commercial driver license disqualification for refusing to submit to a chemical analysis.
Was read the second time.
The question being "Shall HB 1144 pass?"
And the roll being called:
Yeas 61, Nays 4, Excused 5, 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; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty;
McCleerey; Mills; Peterson (Kent); Reed; Rhoden; Ring; Rounds; Rozum; Schaefer;
Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen;
Wismer; York; Zikmund; Speaker Mickelson
Excused:
Beal; Carson; McPherson; Otten (Herman); Rasmussen
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 1150: FOR AN ACT ENTITLED, An Act to provide for the issuance of certain
hunting licenses to nonresident military veterans at the resident rate.
Was read the second time.
The question being "Shall HB 1150 pass?"
And the roll being called:
Yeas 36, Nays 30, Excused 4, Absent 0
Yeas:
Bartels; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Frye-Mueller; Glanzer;
Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Holmes; Howard; Jamison; Jensen
(Kevin); Johnson; Kaiser; Kettwig; Livermont; Marty; May; Peterson (Sue); Reed; Rozum;
Schaefer; Schoenfish; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; York
Nays:
Ahlers; Anderson; Bartling; Beal; DiSanto; Duvall; Hawley; Heinemann; Hunhoff; Johns; Karr;
Lake; Latterell; Lesmeister; Lust; McCleerey; Mills; Peterson (Kent); Pischke; Qualm; Rhoden;
Ring; Rounds; Smith; Soli; Stevens; Tieszen; Wismer; Zikmund; Speaker Mickelson
Excused:
Carson; McPherson; Otten (Herman); Rasmussen
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 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school
bus stop violations.
Was read the second time.
The question being "Shall HB 1110 pass?"
And the roll being called:
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Chase; Clark; Conzet; DiSanto; Duvall;
Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann;
Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake;
Latterell; Lesmeister; Livermont; Lust; May; McCleerey; Mills; Peterson (Kent); Pischke;
Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer;
Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker
Mickelson
Nays:
Brunner; Campbell; Dennert; Goodwin; Kaiser; Marty; Peterson (Sue)
Excused:
Carson; McPherson; Otten (Herman); Rasmussen
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 1087: FOR AN ACT ENTITLED, An Act to authorize the recovery of attorney's fees
in civil actions relating to highway obstructions.
Was read the second time.
The question being "Shall HB 1087 pass as amended?"
And the roll being called:
Yeas 62, Nays 4, 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; Johnson; Kaiser; Karr;
Kettwig; Lake; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Mills; Peterson
(Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish;
Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York;
Zikmund; Speaker Mickelson
Nays:
Jensen (Kevin); Johns; Lust; Rounds
Excused:
Carson; McPherson; Otten (Herman); Rasmussen
HB 1109: FOR AN ACT ENTITLED, An Act to create provisions for prohibiting the use
of handheld electronic wireless communications devices by school bus drivers.
Was read the second time.
The question being "Shall HB 1109 pass as amended?"
And the roll being called:
Yeas 60, Nays 6, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Chase; Clark; Conzet; Dennert;
DiSanto; Duvall; Frye-Mueller; Glanzer; Greenfield (Lana); Haggar; Haugaard; Hawley;
Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr;
Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; May; McCleerey; Mills; Peterson (Kent);
Pischke; Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Nays:
Campbell; Goodwin; Gosch; Kaiser; Marty; Peterson (Sue)
Excused:
Carson; McPherson; Otten (Herman); Rasmussen
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.
Rep. Qualm moved that the balance of the calendar including HB 1079, 1116, 1130, 1191,
1106, 1168, 1063, 1149, 1159, 1010, and 1117 and SB 14, 15, 17, 18, 1, 44, 49, 6, 59, 34, 63,
7, and 19 be deferred to Wednesday, February 15, the 23rd legislative day.
Which motion prevailed.
Speaker Mickelson now presiding.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1007, 1015, 1026, 1031, 1037, and 1038 and finds
the same correctly enrolled.
The Speaker publicly read the title to
HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
inspection affidavits for amusement rides.
HB 1015: FOR AN ACT ENTITLED, An Act to designate the South Dakota Housing
Development Authority as the administrator of a federal housing program.
HB 1026: FOR AN ACT ENTITLED, An Act to require tracking numbers to be included
on the quarterly reports of direct shippers and of wine carriers.
HB 1031: FOR AN ACT ENTITLED, An Act to revise certain restrictions regarding
division directors of the Department of Revenue.
HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
delegates and alternates to the national convention, nominating petitions, and runoff elections
and to revise certain provisions for new political parties.
HB 1038: FOR AN ACT ENTITLED, An Act to repeal the requirement for farm
corporations to file farm annual reports with the secretary of state.
And signed the same in the presence of the House.
HC 1014 Introduced by: Representatives Gosch, Ahlers, Anderson, Bartels, Bartling, Beal,
Bordeaux, Brunner, Campbell, Chase, Clark, Conzet, Dennert, DiSanto, Duvall, Frye-Mueller,
Glanzer, Goodwin, Greenfield (Lana), Haugaard, Hawley, Heinemann, Holmes, Howard,
Hunhoff, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Lesmeister,
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, York, and Zikmund and Senators Cronin, Bolin, Cammack, Curd, Ewing, Frerichs,
Greenfield (Brock), Haverly, Heinert, Kennedy, Killer, Klumb, Kolbeck, Langer, Maher,
Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell,
Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg