House of Representatives Journal 3/7/2017 01:30 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

THIRTY-FOURTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 7, 2017

The House convened at 1:30 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of Allegiance led by House pages Ashton Burke and Cooper Mueller.

Roll Call: All members present except Reps. Carson, Frye-Mueller, and McPherson who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-third 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,

G. Mark Mickelson, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 7, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 6, 2017, I approved House Bills 1005, 1044, 1045, 1059, 1060, 1068, 1080, 1084, 1087, 1091, 1095, 1098, 1110, 1122, 1124, and 1174, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1001, 1063, 1072, 1092, 1097, 1101, 1112, 1143, 1155, 1156, and 1173 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1012 and HB 1052, 1147, 1170, and 1185 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 90, 103, and 164.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 80 and has appointed Sens. Rusch, Nesiba, and Nelson 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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 172 and has appointed Sens. Cammack, Cronin, and Frerichs 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.

MOTIONS AND RESOLUTIONS

Rep. Haugaard moved that the House do concur in Senate amendments to HB 1103.

The question being on Rep. Haugaard's motion that the House do concur in Senate amendments to HB 1103.

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; 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; Frye-Mueller; 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. Kent Peterson moved that the House do concur in Senate amendments to HB 1113.

The question being on Rep. Kent Peterson's motion that the House do concur in Senate amendments to HB 1113.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Carson; Frye-Mueller; 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 when we adjourn today, we adjourn to convene at 10:00 a.m. on Wednesday, March 8, the 35^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Qualm moved that the reports of the Standing Committees on

House Committee on Appropriations on SB 33 as found on page 618 of the House Journal; also

House Committee on Appropriations on SB 35 as found on page 619 of the House Journal; also

State Affairs on SB 106 as found on page 620 of the House Journal; also

State Affairs on SB 171 as found on page 621 of the House Journal; also

State Affairs on SB 176 as found on page 622 of the House Journal; also

State Affairs on SB 54 as found on page 623 of the House Journal; also

State Affairs on SB 151 as found on page 647 of the House Journal; also

Judiciary on SB 128 as found on page 648 of the House Journal; also

Judiciary on SB 25 as found on page 648 of the House Journal; also

Judiciary on SB 27 as found on page 649 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 138: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding asbestos bankruptcy trust claims.

Was read the second time.

The question being "Shall SB 138 pass as amended?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; 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; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Kaiser

Excused:
Carson; Frye-Mueller; McPherson; Soli

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 95: FOR AN ACT ENTITLED, An Act to add cannabidiol to the list of Schedule IV controlled substances and to exclude it from the definition of marijuana.

Was read the second time.

The question being "Shall SB 95 pass as amended?"

And the roll being called:

Yeas 54, Nays 13, Excused 3, Absent 0

Yeas:
Ahlers; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Gosch; Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Zikmund

Nays:
Anderson; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Howard; Jensen (Kevin); Mills; Qualm; Rasmussen; Wiese; York; Speaker Mickelson

Excused:
Carson; Frye-Mueller; 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.

SB 130: FOR AN ACT ENTITLED, An Act to revise provisions regarding the amount licensing agents may collect on the sale of certain licenses and permits for the Department of Game, Fish and Parks to designate the use of certain funds received by the department, and to establish certain reporting requirements.

Was read the second time.

130kb

Rep. Pischke moved that SB 130 be amended as follows:

On page 1, line 8, of the House Agriculture and Natural Resources Committee engrossed bill, delete everything after "one" and insert "~~park entrance,~~ game, fish, or trapping license by".

On page 1, line 10, after "." insert "No more than two dollars, to be paid for by the licensee, may be charged for issuing any one park entrance or snowmobile permit.

Which motion prevailed.

The question being "Shall SB 130 pass as amended?"

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

Yeas:
Ahlers; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Anderson; Bartels; Dennert; Haugaard; Howard; Kaiser; Karr; Pischke; Rasmussen

Excused:
Carson; Frye-Mueller; 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.

ANNOUNCEMENTS

The Speaker appointed Reps. Tieszen, Bartling, and Dennert 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 difference between the two houses on SB 80.

The Speaker appointed Reps. Qualm, Hawley, and Wiese 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 difference between the two houses on SB 172.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 147: FOR AN ACT ENTITLED, An Act to establish a rate-setting methodology for services delivered by community-based health and human services providers.

Was read the second time.

147xa

Rep. Howard moved that SB 147 be amended as follows:

On page 2, line 2, of the House Appropriations Committee engrossed bill, delete "and impending".

Which motion lost.

The question being "Shall SB 147 pass as amended?"

And the roll being called:

Yeas 61, Nays 6, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Lust; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Campbell; Goodwin; Howard; Livermont; Marty; Pischke

Excused:
Carson; Frye-Mueller; 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.

SB 166: FOR AN ACT ENTITLED, An Act to provide certain provisions excluding business-to-business lending from certain money lending limitations.

Was read the second time.

The question being "Shall SB 166 pass as amended?"

And the roll being called:

Yeas 56, Nays 11, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Livermont; Lust; Marty; May; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Bordeaux; Chase; Goodwin; Hunhoff; Latterell; Lesmeister; McCleerey; Mills; Rasmussen; Ring; Wismer

Excused:
Carson; Frye-Mueller; 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.

SB 33: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

Was read the second time.

Speaker Pro tempore Haggar now presiding.

The question being "Shall SB 33 pass as amended?"

And the roll being called:

Yeas 51, Nays 16, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Beal; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Gosch; Haggar; Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Reed; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Chase; Goodwin; Greenfield (Lana); Hawley; Lesmeister; McCleerey; Pischke; Rasmussen; Rhoden; Ring; Smith; Soli; Wismer

Excused:
Carson; Frye-Mueller; 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.

Speaker Mickelson now presiding.

SB 35: FOR AN ACT ENTITLED, An Act to revise the state aid to general education formula.

Was read the second time.

35qa

Rep. Bartling moved that SB 35 be amended as follows:

On page 9, after line 11 of the House Appropriations Committee engrossed bill, insert:

" Section 5. That § 13-13-73.5 be amended to read:

13-13-73.5. Beginning on July 1, ~~2018~~ 2019, a school district's state aid for general education as calculated pursuant to § 13-13-73 shall be reduced by subtracting the allowable general fund cash balance from the lowest general fund monthly cash balance. If the result is less than zero, the reduction equals zero.

A school district created or reorganized after July 1, 2016, is exempt from the reduction provided by this section for a period of three years immediately following its creation. ".

Which motion lost.

35xa

Rep. Haugaard moved that SB 35 be amended as follows:

On page 9, line 10, of the House Appropriations Committee engrossed bill, after "annually" delete "be" and insert "by".

Which motion prevailed.

The question being "Shall SB 35 pass as amended?"

And the roll being called:

Yeas 42, Nays 25, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Beal; Brunner; Campbell; Clark; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Haggar; Heinemann; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Karr; Kettwig; Lake; Latterell; Lust; Marty; Mills; Otten (Herman); Peterson (Sue); Pischke; Qualm; Reed; Rounds; Rozum; Schaefer; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Chase; Dennert; Greenfield (Lana); Haugaard; Hawley; Holmes; Johnson; Kaiser; Lesmeister; Livermont; May; McCleerey; Peterson (Kent); Rasmussen; Rhoden; Ring; Schoenfish; Smith; Soli; Stevens; Tieszen; Wismer

Excused:
Carson; Frye-Mueller; 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.

Speaker Pro tempore Haggar now presiding.

SB 106: FOR AN ACT ENTITLED, An Act to assist in balancing the state's budget and fund rural housing.

Was read the second time.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 26, Nays 41, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Beal; Conzet; Heinemann; Holmes; Hunhoff; Jensen (Kevin); Johns; Lake; Lust; Mills; Peterson (Kent); Rasmussen; Reed; Rhoden; Ring; Rozum; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Howard; Jamison; Johnson; Kaiser; Karr; Kettwig; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Otten (Herman); Peterson (Sue); Pischke; Qualm; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Tieszen; Zikmund

Excused:
Carson; Frye-Mueller; McPherson

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

SB 171: FOR AN ACT ENTITLED, An Act to establish the Government Accountability Task Force to study campaign finance and to declare an emergency.

Was read the second time.

The question being "Shall SB 171 pass as amended?"

And the roll being called:

Yeas 54, Nays 12, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Chase; Clark; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Campbell; Dennert; Gosch; Haugaard; Howard; Johnson; Kaiser; Karr; Peterson (Sue); Pischke; Schaefer; Wiese

Excused:
Carson; Frye-Mueller; McPherson; Soli

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.

Rep. Qualm moved that the House do now recess until 5:10 p.m., which motion prevailed and at 4:22 p.m., the House recessed.

RECESS

The House reconvened at 5:10 p.m., the Speaker Pro tempore presiding.

SB 176: FOR AN ACT ENTITLED, An Act to preserve the use of public land, to ensure free travel, to enhance emergency response, and to declare an emergency.

Was read the second time.

The question being "Shall SB 176 pass as amended?"

And the roll being called:

Yeas 40, Nays 27, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Beal; Chase; Clark; Conzet; Duvall; Glanzer; Greenfield (Lana); Haggar; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Lust; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Brunner; Campbell; Dennert; DiSanto; Goodwin; Gosch; Haugaard; Hawley; Howard; Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Peterson (Sue); Pischke; Ring; Smith; Soli; Wiese; Wismer

Excused:
Carson; Frye-Mueller; McPherson

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

Rep. Qualm announced his intention to reconsider the vote by which SB 176 lost.

SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance requirements.

Was read the second time.

54fx

Rep. Duvall moved that SB 54 be amended as follows:

On page 10, line 17, of the House State Affairs Committee engrossed bill, delete everything after "." .

On page 10, delete line 18.

On page 10, line 19, delete everything before "A" .

On page 10, line 21, delete everything before "."

On page 11, line 6, delete everything after "." .

On page 11, delete line 7.

On page 11, line 8, delete everything before "A" .

On page 11, line 10, delete everything before "." .

Which motion prevailed.

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Rep. Heinemann moved that SB 54 be further amended as follows:

On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That subdivision (6) of section 3 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

(6) "Contribution," any gift, advance, distribution, deposit, or payment of money or any other valuable consideration, or any contract, promise or agreement to do so; any discount or rebate not available to the general public; any forgiveness of indebtedness or payment of indebtedness by another person; or any use of services or property without full payment or that is provided by any person, political committee, or political party whose primary business is to provide services or property, made for the purpose of influencing:

(a) The nomination, election, or re-election of any person to public office; or

(b) The placement of a ballot question on the ballot or the adoption or defeat of any ballot question.

The term does not include services provided by a person as a volunteer for or on behalf of any candidate, political committee, or political party, including the free or discounted use of a person's residence. Nor does the term include the purchase of any item of value or service from any political committee or political party. The purchase price of the item may not exceed fair market value and may not include an intent to contribute beyond the item's value. A contribution does not include administration or solicitation of a contribution for a political action committee established by an organization or its associated expenses, nor the use of an organization's real or personal property located on its business premises for such purposes. A contribution

does not include nominal use of a candidate's real or personal property or nominal use of resources available at a candidate's primary place of business;

Which motion lost.

The question being "Shall SB 54 pass as amended?"

And the roll being called:

Yeas 55, Nays 12, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; Marty; May; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Bartling; Conzet; Dennert; Gosch; Haggar; Haugaard; Howard; Karr; Lust; McCleerey; Peterson (Sue); Pischke

Excused:
Carson; Frye-Mueller; 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.

Rep. Qualm moved that the House do now reconsider the vote by which SB 176 lost.

The question being on Rep. Qualm's motion to reconsider the vote by which SB 176 lost.

And the roll being called:

Yeas 48, Nays 19, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Bartling; Beal; Chase; Clark; Conzet; Duvall; Glanzer; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Karr; Kettwig; Lesmeister; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bordeaux; Brunner; Campbell; Dennert; DiSanto; Goodwin; Haugaard; Johnson; Kaiser; Lake; Latterell; Livermont; Lust; Marty; May; Peterson (Sue); Pischke; Wiese

Excused:
Carson; Frye-Mueller; McPherson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 176 was up for reconsideration and final passage.

SB 176: FOR AN ACT ENTITLED, An Act to preserve the use of public land, to ensure free travel, to enhance emergency response, and to declare an emergency.

Having had its second reading was up for reconsideration and final passage.

176ca

Rep. Rhoden moved that SB 176 be amended as follows:

On page 3 of the House State Affairs Committee engrossed bill, delete lines 3 to 5, inclusive.

Which motion prevailed.

The question being "Shall SB 176 pass as amended?"

And the roll being called:

Yeas 49, Nays 18, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Bartling; Beal; Campbell; Chase; Clark; Conzet; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bordeaux; Brunner; Dennert; DiSanto; Gosch; Haugaard; Howard; Kaiser; Lake; Latterell; Livermont; Marty; May; Pischke; Rhoden; Soli; Wiese

Excused:
Carson; Frye-Mueller; McPherson

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.

176cta

Rep. Rhoden moved that the title to SB 176 be amended as follows:

On page 1, line 1, of the House State Affairs Committee engrossed bill, after "travel," insert "and".

On page 1, line 2, delete ", and to declare an emergency".

Which motion prevailed and the title was so amended.

SB 151: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding investigations of misconduct by certain public officials.

Was read the second time.

The question being "Shall SB 151 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; 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

Nays:
Goodwin; Gosch; Karr

Excused:
Carson; Frye-Mueller; 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.

SB 128: FOR AN ACT ENTITLED, An Act to provide an exception for alcohol manufacturer and wholesaler licensees to participate in certain retail events.

Was read the second time.

The question being "Shall SB 128 pass as amended?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Beal; Haugaard; Latterell; Pischke

Excused:
Carson; Frye-Mueller; 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.

Speaker Mickelson now presiding.

SB 25: FOR AN ACT ENTITLED, An Act to provide for the release of certain booking photographs.

Was read the second time.

25bd

Rep. Haugaard moved that SB 25 be amended as follows:

On page 2, line 5, of the House Judiciary Committee engrossed bill, delete "of request" and insert "the criminal booking photograph was taken".

On page 2, line 7, after "§ 1-27-35." insert "A criminal booking photograph may not be released unless the subject of the criminal booking photograph has been formally charged with or indicted for a felony.".

Which motion lost.

25ka

Rep. Haugaard moved that SB 25 be amended as follows:

On page 2, line 5, of the House Judiciary Committee engrossed bill, delete "of request" and insert "the criminal booking photograph was taken".

Which motion prevailed.

The question being "Shall SB 25 pass as amended?"

And the roll being called:

Yeas 53, Nays 14, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Bartling; Brunner; Campbell; Chase; Clark; Dennert; Duvall; Glanzer; Goodwin; Gosch; Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Lust; Marty; McCleerey; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Beal; Bordeaux; Conzet; DiSanto; Greenfield (Lana); Haugaard; Karr; Livermont; May; Mills; Peterson (Sue); Pischke; Stevens

Excused:
Carson; Frye-Mueller; 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.

SB 27: FOR AN ACT ENTITLED, An Act to prohibit certain direct conflicts of interest by public officials and to provide a penalty therefor.

Was read the second time.

The question being "Shall SB 27 pass as amended?"

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

Nays:
Glanzer; Haugaard; Howard; Johns; Karr; May; Rounds; Stevens; Speaker Mickelson

Excused:
Carson; Frye-Mueller; 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 reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1053, 1065, 1071, 1077, 1083, 1100, 1107, 1117, 1118, 1144, 1149, 1195, and 1211 were delivered to his Excellency, the Governor, for his approval at 11:50 a.m., March 7, 2017.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001, 1063, 1072, 1092, 1097, 1101, 1112, 1141, 1143, 1155, 1156, 1165, 1173, and 1183 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding prison or jail population cost estimates.

HB 1063: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the payment of special assessments.

HB 1072: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to permits to carry a concealed pistol.

HB 1092: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage licensing provisions concerning the manufacturing and sale of cider.

HB 1097: FOR AN ACT ENTITLED, An Act to revise certain unemployment insurance contribution rates, to provide for an unemployment insurance administrative fee, and to provide for the distribution of the fee.

HB 1101: FOR AN ACT ENTITLED, An Act to increase the penalty for performing an abortion of an unborn child capable of feeling pain.

HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions related to construction managers on certain public improvement projects.

HB 1141: FOR AN ACT ENTITLED, An Act to provide for a legislative task force to consider certain legislation proposed to revise provisions regarding the constitutional amendment, initiative and referendum process in South Dakota.

HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding underage prostitution.

HB 1155: FOR AN ACT ENTITLED, An Act to revise the penalty for aggravated assault with the intent to disfigure the victim.

HB 1156: FOR AN ACT ENTITLED, An Act to allow a concealed pistol in the capitol with an enhanced concealed pistol permit.

HB 1165: FOR AN ACT ENTITLED, An Act to provide for annually updated financial interest statements for any person elected to statewide or local office.

HB 1173: FOR AN ACT ENTITLED, An Act to revise the distribution of funds from the building South Dakota fund.

HB 1183: FOR AN ACT ENTITLED, An Act to provide and revise certain provisions regarding mental health procedures in criminal justice, to make an appropriation therefor, and to declare an emergency.

SB 22: FOR AN ACT ENTITLED, An Act to exempt certain unmanned aircraft systems from the requirement to be registered as aircraft.

SB 23: FOR AN ACT ENTITLED, An Act to revise the authority of the Transportation Commission to make loans from the state highway fund to local governments for highway and bridge construction and maintenance purposes.

SB 28: FOR AN ACT ENTITLED, An Act to revise the exceptions to presumptive probation.

SB 29: FOR AN ACT ENTITLED, An Act to provide for the use of mobile breath alcohol testing in the 24/7 sobriety program.

SB 43: FOR AN ACT ENTITLED, An Act to make an appropriation to expand intensive methamphetamine treatment services within the Department of Social Services and to declare an emergency.

SB 44: FOR AN ACT ENTITLED, An Act to revise the definition of individuals with a serious emotional disturbance.

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of consumers power district assets.

SB 81: FOR AN ACT ENTITLED, An Act to prohibit the manufacture, sale, or possession of alcohol in a powdered, condensed, or other concentrated form under most circumstances.

SB 88: FOR AN ACT ENTITLED, An Act to revise the definition of an electric transmission facility.

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.

SB 98: FOR AN ACT ENTITLED, An Act to revise provisions regarding deadlines for municipal election recounts.

SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the petition signature requirements for municipal elections.

SB 102: FOR AN ACT ENTITLED, An Act to require that the name and telephone number of an organization fighting to end sex trafficking be given, in writing, to any woman seeking an abortion.

SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the process for truancy citations and formal petitions and to declare an emergency.

SB 116: FOR AN ACT ENTITLED, An Act to improve online access to information concerning state boards, commissions, and departments.

SB 117: FOR AN ACT ENTITLED, An Act to increase accountability in South Dakota's criminal justice system.

SB 120: FOR AN ACT ENTITLED, An Act to repeal the Legislative Planning Committee and revise certain provisions regarding agency performance reviews.

SB 124: FOR AN ACT ENTITLED, An Act to repeal the authority for the Department of Social Services to enter agreements related to the Refugee Act of 1980 and to require certain reports regarding services provided to and arrival of refugees.

SB 164: FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers and to revise the conditions of a juvenile commitment to the Department of Corrections.

And signed the same in the presence of the House.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 7:10 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk