House of Representatives Journal 1/23/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 23, 2018

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, John Fette, followed by the Pledge of Allegiance led by House page Matthew Rounds.

Roll Call: All members present except Reps. Gosch, Jensen (Kevin), McPherson, Soli, and Tulson 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 ninth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1051 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 57 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1008 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the printed bill, delete "different".

On page 1, line 12, delete "times of day, different types of vehicles,".

On page 1, line 12, after "conditions" delete ",".

On page 2, line 4, after "while" insert "construction".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1066 and returns the same with the recommendation that said bill be amended as follows:

On page 4 of the printed bill, delete lines 2 to 7, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Mary Duvall, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 7, 8, 10, 11, 27, 35, 36, 37, 40, 52, 56, 58, 67, and 69 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 2 and 3 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Yesterday, Speaker Mickelson announced his intention to reconsider the vote by which
HB 1029 lost.

There being no objections, Rep. Rounds moved that the House do now reconsider the vote by which HB 1029 lost.

The question being on Rep. Round's motion to reconsider the vote by which HB 1029 lost.

And the roll being called:

Yeas 53, Nays 11, Excused 6, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Carson; Chase; Clark; Conzet; Diedrich; DiSanto; Duvall; Glanzer; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Kettwig; Lake; Lesmeister; Lust; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Campbell; Dennert; Frye-Mueller; Goodwin; Howard; Johnson; Kaiser; Latterell; Marty; Pischke; Rasmussen

Excused:
Jensen (Kevin); Karr; Livermont; McPherson; Soli; Tulson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1029 was up for reconsideration and final passage.

Rep. Rounds moved that HB 1029 be placed at the end of today's calendar, the calendar of Tuesday, January 23, 2018, the 10^th legislative day.

The question being on Rep. Rounds' motion that HB 1029 be placed at the end of today's calendar.

And the roll being called:

Yeas 57, Nays 9, Excused 4, Absent 0

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

Nays:
Campbell; Frye-Mueller; Goodwin; Howard; Johnson; Latterell; Marty; Peterson (Sue); Pischke

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1029 was so placed.

HCR 1004 Introduced by: Representatives Bartling, Ahlers, Anderson, Bartels, Brunner, Chase, Clark, Glanzer, Hawley, Johnson, Lesmeister, McCleerey, Otten (Herman), Ring, Rounds, Smith, Wismer, and Zikmund and Senators Frerichs, Bolin, Ewing, Monroe, Nelson, Nesiba, Soholt, and Sutton

A CONCURRENT RESOLUTION, Urging the Governor to fuel the state fleet with premium E-30 fuel.

WHEREAS, current literature incorrectly claims premium E-30 damages standard auto engines; and

WHEREAS, most standard auto owners actually report better performance when fueling with premium E-30, including better than or equivalent mileage per gallon and greater power; and

WHEREAS, these reports have been validated in studies like the E-30 Challenge conducted by Glacial Lakes Energy; and

WHEREAS, thousands of standard auto owners save money daily fueling with premium E-30; and

WHEREAS, premium E-30 reduces harmful emissions leading to cleaner air quality; and

WHEREAS, farmers and ethanol producers are the backbone for many rural economies in South Dakota; and

WHEREAS, rural economies are the backbone for both the South Dakotan and American economy; and

WHEREAS, premium E-30 is better for vehicle performance, rural economies, the American economy, the environment, and public health; and

WHEREAS, South Dakota has an opportunity to be a regional leader in the promotion of our homegrown premium fuel:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the
Ninety-Third Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges the Governor to fuel the state fleet with premium E-30 fuel.

Was read the first time and referred to the Committee on Transportation.

SCR 2: A CONCURRENT RESOLUTION, Endorsing the right to work provisions in the South Dakota Constitution and in the Labor Management Relations Act that prohibit forced union membership.

Was read the first time and the Speaker waived the committee referral.

SCR 3: A CONCURRENT RESOLUTION, Committing the Legislature and urging the Governor, the Supreme Court, and the Attorney General to secure the blessings of life and liberty for South Dakota's posterity.

Was read the first time and referred to the Committee on State Affairs.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Qualm moved that the report of the Standing Committee on State Affairs on HB 1102 as found on page 124 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1121 Introduced by: Representatives Johns, Barthel, Beal, Holmes, Howard, Johnson, Lust, Peterson (Kent), Rounds, Schaefer, Schoenfish, Steinhauer, Stevens, Tulson, Turbiville, and York and Senators Kolbeck, Cronin, Ewing, Haverly, Jensen (Phil), Monroe, Nelson, Rusch, Russell, Stalzer, and Youngberg

FOR AN ACT ENTITLED, An Act to revise the fees for certain on-sale and off-sale retail liquor licenses.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1122 Introduced by: Representatives DiSanto, Brunner, Dennert, Frye-Mueller, Goodwin, Greenfield (Lana), Jamison, Kaiser, Latterell, Livermont, Marty, Pischke, and Wiese and Senators Jensen (Phil), Monroe, Nelson, Otten (Ernie), and Stalzer

FOR AN ACT ENTITLED, An Act to require legislative approval for tuition and fee increases at institutions of higher education.

Was read the first time and referred to the Committee on Education.

HB 1123 Introduced by: Representatives Johns, Ahlers, Barthel, Bartling, Beal, Bordeaux, Campbell, Clark, Conzet, DiSanto, Duvall, Glanzer, Hawley, Heinemann, Holmes, Jamison, Jensen (Kevin), Johnson, Kaiser, Lesmeister, Lust, Marty, May, McCleerey, Mills, Pischke, Reed, Ring, Schaefer, Schoenfish, Smith, Steinhauer, Tulson, Turbiville, Willadsen, Wismer, York, and Zikmund and Senators Rusch, Bolin, Cronin, Ewing, Frerichs, Kennedy, Killer, Kolbeck, Maher, Nesiba, Solano, and Sutton

FOR AN ACT ENTITLED, An Act to prohibit certain persons suffering from a severe mental illness from receiving capital punishment.

Was read the first time and referred to the Committee on State Affairs.

HB 1124 Introduced by: Representatives Livermont, Brunner, Campbell, Clark, Dennert, DiSanto, Gosch, Latterell, May, Peterson (Sue), and Pischke and Senators Stalzer, Jensen (Phil), Killer, and Nelson

FOR AN ACT ENTITLED, An Act to allow certain persons with a felony conviction to apply for a concealed pistol permit.

Was read the first time and referred to the Committee on Judiciary.

HB 1125 Introduced by: Representatives Steinhauer, Ahlers, Diedrich, Greenfield (Lana), Heinemann, Hunhoff, Johns, Lesmeister, Livermont, Lust, May, McCleerey, Peterson (Sue), Pischke, Rasmussen, Ring, Smith, Willadsen, and Zikmund and Senators Peters, Bolin, Cronin, Jensen (Phil), Nelson, Nesiba, Rusch, Wiik, and Youngberg

FOR AN ACT ENTITLED, An Act to revise the minimum purchase price for the off-sale delivery of certain alcohol.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1126 Introduced by: Representatives Reed, Bartling, DiSanto, Hawley, Holmes, Jensen (Kevin), Kettwig, Latterell, Mills, Qualm, Smith, and Steinhauer and Senators Soholt, Haverly, Kolbeck, Nelson, Peters, Rusch, Solano, and Tidemann

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding forensic medical examinations for victims of rape or sexual offense.

Was read the first time and referred to the Committee on Judiciary.

HB 1127 Introduced by: Representatives Pischke, Brunner, Dennert, DiSanto,
Frye-Mueller, Steinhauer, and Zikmund and Senators Klumb, Jensen (Phil), Kolbeck, Nelson, Otten (Ernie), and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to fees charged for security freezes.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1128 Introduced by: Representatives Ahlers, Bartling, Brunner, Hawley,
Peterson (Sue), Smith, and Wismer and Senators Haverly, Nesiba, Peters, Sutton, and Tidemann

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding increases in teacher compensation.

Was read the first time and referred to the Joint Committee on Appropriations.

HB 1129 Introduced by: Representatives Anderson and Hunhoff and Senators Tidemann and Wiik

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding full-time equivalent positions.

Was read the first time and referred to the Joint Committee on Appropriations.

HB 1130 Introduced by: Representatives Goodwin, Dennert, Jamison, Jensen (Kevin), Kaiser, Marty, Mickelson, and Pischke and Senator Nelson

FOR AN ACT ENTITLED, An Act to establish who may submit plans and specifications for certain waste water systems.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1131 Introduced by: Representatives Goodwin, Dennert, Jamison, Jensen (Kevin), Kaiser, Marty, Mickelson, Pischke, Reed, and Schaefer and Senator Nelson

FOR AN ACT ENTITLED, An Act to authorize certain road district trustees and employees to receive compensation under a district contract.

Was read the first time and referred to the Committee on Local Government.

HB 1132 Introduced by: Representatives Goodwin, Dennert, DiSanto, Frye-Mueller, Howard, Jamison, Kaiser, and Pischke and Senators Nelson and Jensen (Phil)

FOR AN ACT ENTITLED, An Act to revise the minimum age requirements for the consumption of alcoholic beverages by certain active duty members of the military.

Was read the first time and referred to the Committee on State Affairs.

HB 1133 Introduced by: Representatives Goodwin, Campbell, Dennert, Kaiser, Livermont, Marty, and Wiese and Senators Tapio, Greenfield (Brock), Jensen (Phil), Monroe, Nelson, Russell, Stalzer, and Youngberg

FOR AN ACT ENTITLED, An Act to provide for mandatory drug testing for members of the Legislature.

Was read the first time and referred to the Committee on State Affairs.

HB 1134 Introduced by: Representatives Rozum, Bartling, Brunner, Carson, Clark, Hawley, Heinemann, Kettwig, May, and Turbiville and Senators Klumb, Haverly, Peters, and Soholt

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding on-sale alcoholic beverage licenses for municipal auditoriums and convention halls.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1135 Introduced by: Representatives Rozum, Bartling, Brunner, Carson, Clark, Hawley, Holmes, Kettwig, Rhoden, and Schoenfish and Senators Klumb and Haverly

FOR AN ACT ENTITLED, An Act to revise the definition of fall enrollment for the purposes of education funding.

Was read the first time and referred to the Joint Committee on Appropriations.

HB 1136 Introduced by: Representatives Duvall, Bartling, Chase, Hawley, Lake, Mickelson, Peterson (Kent), Qualm, Reed, Rhoden, and Wismer and Senators Novstrup, Cronin, Frerichs, Heinert, Klumb, Monroe, and Tidemann

FOR AN ACT ENTITLED, An Act to revise certain provisions related to cooperatives.

Was read the first time and referred to the Committee on Judiciary.

HB 1137 Introduced by: Representatives Steinhauer, Beal, Clark, Conzet, Holmes, May, McCleerey, Pischke, Reed, Stevens, and Zikmund and Senators Rusch, Frerichs, Kolbeck, and Nelson

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of lobbyists.

Was read the first time and referred to the Committee on State Affairs.

HB 1138 Introduced by: Representatives DiSanto, Ahlers, Frye-Mueller, Latterell, Peterson (Sue), Rasmussen, Reed, Ring, Wiese, and York and Senators Nelson, Greenfield (Brock), Langer, Maher, Netherton, and Rusch

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding prostitution.

Was read the first time and referred to the Committee on Judiciary.

HB 1139 Introduced by: Representatives Marty, Bartling, Brunner, Campbell, DiSanto, Frye-Mueller, Goodwin, Gosch, Jensen (Kevin), Kaiser, Lesmeister, Livermont, May, McCleerey, Schaefer, and Wiese and Senators Maher, Frerichs, Jensen (Phil), and Youngberg

FOR AN ACT ENTITLED, An Act to revise the applicability of adverse possession to certain partition fences.

Was read the first time and referred to the Committee on Judiciary.

HB 1140 Introduced by: Representatives Otten (Herman), Ahlers, Bartels, Bartling, Beal, Dennert, Duvall, Hawley, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Kettwig, Lust, Pischke, Reed, Smith, Steinhauer, Stevens, Willadsen, Wismer, and Zikmund and Senators Solano, Curd, Kennedy, Nelson, Nesiba, Novstrup, Otten (Ernie), Partridge, Peters, Soholt, White, and Youngberg

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding access to public water.

Was read the first time and referred to the Committee on State Affairs.

HB 1141 Introduced by: Representatives Brunner and DiSanto and Senators Monroe, Peters, and Tidemann

FOR AN ACT ENTITLED, An Act to revise the publication requirements for certain municipalities and school districts.

Was read the first time and referred to the Committee on Local Government.

HB 1142 Introduced by: Representatives Brunner, DiSanto, and Turbiville and Senators Tidemann, Monroe, and Peters

FOR AN ACT ENTITLED, An Act to revise the publication requirements for certain counties, municipalities, and school districts.

Was read the first time and referred to the Committee on Local Government.

HB 1143 Introduced by: Representatives Lesmeister, Ahlers, Brunner, Campbell, Hawley, Kettwig, Lake, Livermont, Marty, May, Ring, Schoenfish, and Steinhauer and Senators Maher, Kennedy, Rusch, and Youngberg

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax exemption of certain school owned property.

Was read the first time and referred to the Committee on Taxation.

HB 1144 Introduced by: Representative Johns and Senator Bolin

FOR AN ACT ENTITLED, An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.

Was read the first time and referred to the Committee on State Affairs.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 7: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance limits.

Was read the first time and referred to the Committee on State Affairs.

SB 8: FOR AN ACT ENTITLED, An Act to establish provisions as to how campaign contribution limits apply to certain aggregate contributions.

Was read the first time and referred to the Committee on State Affairs.

SB 10: FOR AN ACT ENTITLED, An Act to provide for the resolution of conflicts by multiple initiated measures and amendments to the Constitution adopted at the same election.

Was read the first time and referred to the Committee on State Affairs.

SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period during which petition sponsors may submit ballot measures to the Legislative Research Council for review and comment.

Was read the first time and referred to the Committee on State Affairs.

SB 27: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission 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 35: FOR AN ACT ENTITLED, An Act to revise the classification of juvenile corrections agents in the South Dakota Retirement System and to revise certain terminology regarding correctional staff.

Was read the first time and referred to the Committee on Retirement Laws.

SB 36: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 37: FOR AN ACT ENTITLED, An Act to revise the automatic enrollment provisions of the deferred compensation plan of the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 40: FOR AN ACT ENTITLED, An Act to authorize the transfer of certain surplus real estate in Rapid City to the Ellsworth Development Authority 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 52: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish a South Dakota State University building and to make an appropriation therefor.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SB 56: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, 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 58: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding tax increment financing districts.

Was read the first time and referred to the Committee on Taxation.

SB 67: FOR AN ACT ENTITLED, An Act to permit a victim of child sex trafficking or exploitation to expunge any criminal or delinquency record obtained as a result of the victimization.

Was read the first time and referred to the Committee on Judiciary.

SB 69: FOR AN ACT ENTITLED, An Act to allow certain registration and permit documents to be stored and presented electronically.

Was read the first time and referred to the Committee on Transportation.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Bartels requested that HB 1032 be removed from the Consent Calendar.

Which request was granted.

HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions and references regarding real estate licensing.

Was read the second time.

The question being “Shall HB 1031 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; 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; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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 1086: FOR AN ACT ENTITLED, An Act to exempt certain assisted living facilities from the salon license requirement.

Was read the second time.

The question being “Shall HB 1086 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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 allow certain students to test for cosmetologist, esthetician, and nail technician licensure.

Was read the second time.

The question being “Shall HB 1087 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1033: FOR AN ACT ENTITLED, An Act to revise certain licensing renewal procedures for business insurance producers.

Was read the second time.

The question being “Shall HB 1033 pass?”

And the roll being called:

Yeas 43, Nays 23, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Carson; Chase; Clark; Duvall; Glanzer; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Kettwig; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Brunner; Campbell; Conzet; Dennert; Diedrich; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Johnson; Kaiser; Karr; Lake; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke; Rhoden

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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. Willadsen announced his intention to reconsider the vote by which HB 1033 lost.

HB 1084: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding garnishment disclosure forms.

Was read the second time.

Rep. Schoenfish moved that HB 1084 be amended as follows:

On page 4, line 5, of the printed bill, delete "tax" and insert "federal wage garnishments".

On page 4, line 6, delete "levies".

Which motion prevailed.

The question being “Shall HB 1084 pass as amended?”

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; 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; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Anderson; Jensen (Kevin); McPherson; Soli; Tulson

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 1009: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of benefits provided to veterans.

Was read the second time.

The question being “Shall HB 1009 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the employment of the superintendent of the State School for the Deaf and the South Dakota School for the Blind and the Visually Impaired.

Was read the second time.

Rep. Frye-Mueller moved that HB 1058 be amended as follows:

On page 1, line 9, of the printed bill, after "." insert "The superintendent and the instructional staff shall have professional knowledge concerning the educational needs of students with sensory disabilities.".

On page 2, line 2, after "." insert "The superintendent and the instructional staff shall have professional knowledge concerning the educational needs of students with sensory disabilities.".

Which motion prevailed.

The question being “Shall HB 1058 pass as amended?”

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; 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; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Beal; Carson

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authorization to provide postsecondary education.

Was read the second time.

Rep. Brunner moved that HB 1016 be amended as follows:

On page 3, line 5, of the House Education Committee engrossed bill, delete "two thousand five" and insert "two hundred fifty".

On page 3, line 6, delete "hundred".

Which motion prevailed.

The question being “Shall HB 1016 pass as amended?”

And the roll being called:

Yeas 51, Nays 15, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Diedrich; Duvall; Glanzer; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Johnson; Kettwig; Lake; Lesmeister; Lust; McCleerey; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Howard; Kaiser; Karr; Latterell; Livermont; Marty; May; Mills; Peterson (Sue); Pischke

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prompt payment act.

Was read the second time.

The question being “Shall HB 1050 pass as amended?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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 HB 1024 be deferred to Wednesday, January 24, 2018, the 11^th legislative day.

Which motion prevailed.

HB 1100: FOR AN ACT ENTITLED, An Act to require a name be printed on public contracts.

Was read the second time.

Rep. Wismer moved that HB 1100 be amended as follows:

On page 1, line 4, of the printed bill, delete "person" and insert "individual".

On page 1, line 6, after "." insert "Failure to comply with the requirement for a printed name under this section does not void the terms or purpose of the contract.".

On page 1, line 10, remove the overstrikes from "~~or a designee~~".

On page 1, line 11, delete "person" and insert "individual".

On page 1, line 13, after "." insert "Failure to comply with the requirement for a printed name under this section does not void the terms or purpose of the contract.".

Which motion prevailed.

The question being “Shall HB 1100 pass as amended?”

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Rhoden

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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 HB 1103 be deferred to Wednesday, January 24, 2018, the 11^th legislative day.

Which motion prevailed.

HB 1029: FOR AN ACT ENTITLED, An Act to increase certain fees for self-insurance by employers.

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

Rep. Rounds moved that HB 1029 be amended as follows:

On page 1, line 7, of the printed bill, delete everything after "exceed" and insert "two".

On page 1, line 8, after "thousand" insert "five hundred".

Which motion prevailed.

The question being “Shall HB 1029 pass as amended?”

And the roll being called:

Yeas 53, Nays 13, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Carson; Chase; Clark; Conzet; Diedrich; Duvall; Glanzer; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Howard; Kaiser; Latterell; Livermont; Marty; May; Pischke

Excused:
Jensen (Kevin); McPherson; Soli; Tulson

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. Beal moved that the House do now adjourn, which motion prevailed and at 3:56 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk