The prayer was offered by the Chaplain, Fr. David Hussey, followed by the Pledge of
Allegiance led by House page Kade Larson.
Roll Call: All members present except Reps. Carson and McPherson 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 thirtieth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Speaker Mickelson recognized and introduced former Representative Dean Wink who
served as Speaker of the House of Representatives in 2015 and 2016. He spoke briefly and
presided over the unveiling of his portrait.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 117, 124, and 149 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
SB 98, 99, and 116 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
The Committee on Education respectfully reports that it has had under consideration
HCR 1010 which was tabled.
The Committee on Judiciary respectfully reports that it has had under consideration SB 28
and 29 and returns the same with the recommendation that said bills do pass and be placed on
the consent calendar.
The Committee on Judiciary respectfully reports that it has had under consideration SB 141
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 SB 144
and 167 which were deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 88 and 104 and returns the same with the recommendation that said bills do
pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 60 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
I have the honor to return herewith HCR 1011, 1013, and 1014 in which the Senate has concurred.
I have the honor to return herewith HB 1071, 1083, 1117, 1118, 1149, and 1211 which
have passed the Senate without change.
I have the honor to inform your honorable body that HB 1096, 1109, and 1133 were lost
for failure to be placed on the Senate calendar.
Rep. Johnson moved that the House do concur in Senate amendments to HB 1065.
The question being on Rep. Johnson's motion that the House do concur in Senate
amendments to HB 1065.
And the roll being called:
Yeas 65, Nays 3, Excused 2, 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); Johnson;
Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey;
Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring;
Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Tieszen; Tulson; Turbiville;
Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Nays:
Johns; Otten (Herman); Stevens
Excused:
Carson; McPherson
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
The question being on Rep. Heinemann's motion that the House do concur in Senate
amendments to HB 1077.
And the roll being called:
Yeas 67, Nays 1, Excused 2, 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;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Wismer; York; Zikmund; Speaker
Mickelson
Nays:
Willadsen
Excused:
Carson; McPherson
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Qualm moved that the reports of the Standing Committees on
Local Government on SB 78 as found on page 564 of the House Journal; also
Transportation on SB 80 as found on page 565 of the House Journal be adopted.
Which motion prevailed.
SB 90: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certain
prior statements of a witness subject to discovery and to establish the rationale and effect of the
repeal.
Was read the second time.
The question being "Shall SB 90 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 proceeded to Order of Business No. 14.
Rep. Qualm moved that SB 136 be placed to precede SB 103 on today's calendar.
Which motion prevailed.
Speaker Pro tempore Haggar now presiding.
Was read the second time.
The question being "Shall SB 136 pass as amended?"
And the roll being called:
Yeas 52, Nays 16, Excused 2, Absent 0
Yeas:
Ahlers; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert; DiSanto;
Duvall; Frye-Mueller; Goodwin; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann;
Holmes; Howard; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Latterell; Lesmeister;
Livermont; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue);
Pischke; Qualm; Rasmussen; Rhoden; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Tieszen;
Tulson; Turbiville; Wiese; Wismer; Speaker Mickelson
Nays:
Anderson; Conzet; Glanzer; Gosch; Hunhoff; Jamison; Lake; Lust; Reed; Ring; Rounds; Smith;
Stevens; Willadsen; York; Zikmund
Excused:
Carson; McPherson
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.
SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
process for truancy citations and formal petitions.
Was read the second time.
" Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.".
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; 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; Rasmussen; Reed;
Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens;
Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund
Excused:
Carson; DiSanto; McPherson; Otten (Herman); Speaker Mickelson
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed.
The question being on the title.
SB 164: FOR AN ACT ENTITLED, An Act to revise the length of the maximum
probationary period for juvenile probationers.
Was read the second time.
" Section 3. That subdivision (10) of § 26-8C-7 be amended to read:
The question being "Shall SB 164 pass as amended?"
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Ahlers; 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; Rasmussen; Reed;
Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens;
Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund
Excused:
Anderson; Carson; McPherson; Otten (Herman); Speaker Mickelson
So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.
SB 113: FOR AN ACT ENTITLED, An Act to require certain provisions to be met before
distribution of the 911 emergency surcharge revenue and to revise the effective date for the
sunset clause provisions that lower the 911 emergency surcharge and revise the method of
distributing funds.
Was read the second time.
The question being "Shall SB 113 pass?"
And the roll being called:
Yeas 62, Nays 5, Excused 3, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
DiSanto; Duvall; Glanzer; Gosch; 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; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish;
Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York;
Zikmund; Speaker Mickelson
Nays:
Dennert; Frye-Mueller; Goodwin; Greenfield (Lana); Wismer
Excused:
Carson; McPherson; Otten (Herman)
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.
SB 154: FOR AN ACT ENTITLED, An Act to require the Department of Transportation
to utilize native plants on new or remodeled state properties at rest areas as landscape.
Was read the second time.
And the roll being called:
Yeas 28, Nays 36, Excused 6, Absent 0
Yeas:
Ahlers; Bartels; Bartling; Bordeaux; Campbell; Dennert; Goodwin; Gosch; Hawley; Jamison;
Jensen (Kevin); Johnson; Kaiser; Lesmeister; Livermont; Lust; May; McCleerey; Pischke;
Rasmussen; Ring; Schaefer; Schoenfish; Smith; Steinhauer; Tulson; Wismer; York
Nays:
Anderson; Beal; Brunner; Chase; Clark; Conzet; Duvall; Frye-Mueller; Glanzer; Greenfield
(Lana); Haggar; Haugaard; Heinemann; Holmes; Howard; Hunhoff; Johns; Karr; Kettwig; Lake;
Latterell; Marty; Mills; Peterson (Kent); Peterson (Sue); Qualm; Reed; Rhoden; Rounds;
Rozum; Stevens; Tieszen; Turbiville; Wiese; Willadsen; Zikmund
Excused:
Carson; DiSanto; McPherson; Otten (Herman); Soli; Speaker Mickelson
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Qualm moved that SB 125 be deferred to Thursday, March 2, the 32nd legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 13.
HB 1014: FOR AN ACT ENTITLED, An Act to make an appropriation for the purchase
of land by the South Dakota Department of the Military for use by the South Dakota Army
National Guard and to declare an emergency.
Was read the second time.
The question being "Shall HB 1014 pass?"
And the roll being called:
Yeas 58, Nays 4, Excused 8, Absent 0
Nays:
Dennert; Gosch; Kaiser; Livermont
Excused:
Ahlers; Brunner; Carson; DiSanto; McPherson; Otten (Herman); Soli; Speaker Mickelson
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.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1045, 1059, 1060,
1068, 1080, 1087, 1091, 1095, and 1122 were delivered to his Excellency, the Governor, for his
approval at 10:15 a.m., March 1, 2017.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1071, 1083, 1117, 1118, 1149, and 1211 and finds
the same correctly enrolled.
HC 1023 Introduced by: Representatives Peterson (Sue), Ahlers, and Pischke and Senator
Langer
HC 1024 Introduced by: Representatives Duvall, Beal, Bordeaux, Chase, Clark, Dennert,
Frye-Mueller, Goodwin, Johnson, Kaiser, Lesmeister, Livermont, Marty, May, Rasmussen,
Schaefer, and York and Senators Otten (Ernie), Bolin, Curd, Frerichs, Russell, Soholt, Solano,
and Stalzer
Rep. Beal moved that the House do now adjourn, which motion prevailed and at 4:42 p.m.
the House adjourned.