House of Representatives Journal 1/25/2018 01:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 25, 2018

The House convened at 1:00 p.m., pursuant to adjournment, the Speaker Pro tempore presiding.

The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of Allegiance led by House pages Carter Lane and Jessica Benson.

Roll Call: All members present except Reps. Brunner, Jensen (Kevin), Lust, McPherson, Rozum, and Soli 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 eleventh 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 Health and Human Services respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 17 and 60 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 26 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1115 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the printed bill, remove the overstrikes from "~~an innocent~~".

On page 1, line 11, delete "a".

On page 1, line 11, remove the overstrikes from "~~any innocent~~".

On page 1, line 11, delete "an".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1003 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1089 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1045, 1064, and 1098 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1090 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David L. Anderson, Co-Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1076 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill be amended as follows:

On page 18, line 7, of the printed bill, after "~~county~~." insert "If the cost is in excess of five hundred dollars, the county and township may enter into an agreement as to how the cost in excess of five hundred dollars will be split between the county and the township.".

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 1116 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 7, of the printed bill, delete "seven thousand five hundred" and insert "nine thousand".

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 1117 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, overstrike "motor vehicle" and insert "noncommercial automobile, pickup truck, van, or truck, with a weight less than eight thousand pounds, or a retired firetruck".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mary Duvall, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1057 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

There being no objection, the House proceeded to Signing of Bills.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1057: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the Madison Cyber Labs (MadLabs) and the demolition of Lowry Hall at Dakota State University, to make an appropriation therefor, and to declare an emergency.

And signed the same in the presence of the House.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 25, 30, 34, 71, and 77 and SJR 1 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1002 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1057 which has passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that HB 1128, 1129, 1135 and 1166 be referred from the Joint Committee on Appropriations to the House Committee on Appropriations.

Which motion prevailed.

HCR 1005: A CONCURRENT RESOLUTION, Commending and recognizing the numerous contributions made by South Dakota's social workers and recognizing March 2018 as National Social Work Month.

Was read the second time.

Rep. Johnson moved that HCR 1005 as found on page 171 of the House Journal be adopted.

The question being on Rep. Johnson's motion that HCR 1005 be adopted.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; 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; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Brunner; Jensen (Kevin); Lust; McPherson; Rozum; Soli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

Rep. Qualm moved that SCR 2 be deferred to Tuesday, January 30, 2018, the
13^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1099 as found on page 164 of the House Journal; also

Judiciary on HB 1053 as found on page 165 of the House Journal; also

Commerce and Energy on HB 1088 as found on page 166, HB 1082 as found on page 167, and HB 1094 as found on page 168 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1184 Introduced by: Representatives Kettwig, Duvall, Heinemann, Holmes, Mickelson, Peterson (Kent), Qualm, Rhoden, and Rozum and Senators Wiik, Cammack, Cronin, Ewing, Klumb, Maher, and Rusch

FOR AN ACT ENTITLED, An Act to provide certain provisions regarding waste disposal lines along or under highways.

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

HB 1185 Introduced by: Representatives Conzet, Duvall, Frye-Mueller, Johnson, Marty, Mickelson, Otten (Herman), Peterson (Kent), Rounds, Rozum, Schoenfish, Turbiville, and Willadsen and Senators Maher, Cronin, Curd, Solano, and Sutton

FOR AN ACT ENTITLED, An Act to establish provisions regarding the storage of wine at certain licensed premises.

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

HB 1186 Introduced by: Representatives Peterson (Sue), Dennert, DiSanto, Frye-Mueller, Gosch, Howard, Kaiser, Livermont, Marty, May, Pischke, and Wiese and Senators Stalzer, Kolbeck, and Nelson

FOR AN ACT ENTITLED, An Act to provide for a legislative review of the Board of Regents.

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

HB 1187 Introduced by: Representatives Peterson (Sue), Ahlers, Anderson, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Howard, Kaiser, Livermont, Marty, Pischke, and Wiese and Senators Novstrup, Kolbeck, Monroe, and Nelson

FOR AN ACT ENTITLED, An Act to require grant performance measurement information be displayed on the department website.

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

HB 1188 Introduced by: Representatives Peterson (Sue), Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Haugaard, Howard, Livermont, Marty, May, Pischke, and Wiese and Senators Novstrup, Kolbeck, and Nelson

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding postsecondary tuition assistance programs.

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

HB 1189 Introduced by: Representatives Peterson (Sue), Barthel, Campbell, Dennert, DiSanto, Frye-Mueller, Haugaard, Howard, Jamison, Jensen (Kevin), Kaiser, Karr, Latterell, Livermont, Marty, May, Pischke, Qualm, Steinhauer, Wiese, and Zikmund and Senators Cronin, Haverly, Jensen (Phil), Klumb, Kolbeck, Monroe, Otten (Ernie), Rusch, Solano, and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions and penalties regarding inducements for school attendance and overreporting of school enrollment.

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

HB 1190 Introduced by: Representatives Frye-Mueller, Brunner, Campbell, Conzet, DiSanto, Goodwin, Howard, Johnson, Kaiser, Latterell, Lesmeister, Livermont, Marty, May, Mills, Peterson (Sue), Pischke, Schoenfish, Wiese, Wismer, and Zikmund and Senators Russell, Jensen (Phil), and Tapio

FOR AN ACT ENTITLED, An Act to revise the time period for which certain motor vehicle license plates are used.

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

HB 1191 Introduced by: Representatives Bordeaux, Brunner, Campbell, Dennert, DiSanto, Frye-Mueller, Goodwin, Kaiser, Latterell, Livermont, Marty, May, Mills, Peterson (Sue), and Schaefer and Senators Jensen (Phil), Killer, Nelson, Russell, Sutton, and Tapio

FOR AN ACT ENTITLED, An Act to provide the State-Tribal Relations Committee certain subpoena power.

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

HB 1192 Introduced by: Representatives Anderson and Hunhoff and Senators Tidemann and Wiik

FOR AN ACT ENTITLED, An Act to revise certain programs and promote efficiency in state government and to make an appropriation therefor.

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

HB 1193 Introduced by: Representatives Anderson and Hunhoff and Senators Tidemann and Wiik

FOR AN ACT ENTITLED, An Act to revise certain programs and promote efficiency in state government.

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

HB 1194 Introduced by: Representatives Frye-Mueller, Campbell, Dennert, DiSanto, Marty, May, and Pischke and Senators Russell, Jensen (Phil), Nelson, and Tapio

FOR AN ACT ENTITLED, An Act to allow certain students to be excused from participating in certain assessments, examinations, and tests.

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

HB 1195 Introduced by: Representatives Qualm, Anderson, Barthel, Bartling, Campbell, Carson, Chase, Clark, Diedrich, Glanzer, Haugaard, Heinemann, Howard, Johns, Kettwig, Latterell, Lesmeister, Marty, May, Mickelson, Otten (Herman), Peterson (Kent), Rasmussen, Reed, Rhoden, Schaefer, Schoenfish, Wiese, Wismer, and York and Senators Tidemann, Bolin, Cammack, Curd, Frerichs, Greenfield (Brock), Heinert, Jensen (Phil), Kennedy, Klumb, Kolbeck, Maher, Nelson, Netherton, Novstrup, Otten (Ernie), Rusch, Russell, and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding refunds of motor vehicle license fees.

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

HB 1196 Introduced by: Representatives Mickelson, Bartels, Goodwin, Heinemann, Jensen (Kevin), Lake, Latterell, Peterson (Kent), Qualm, Reed, Rounds, Schaefer, Stevens, and Willadsen and Senators Otten (Ernie), Curd, Maher, Novstrup, and Partridge

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding verification of residency of petition circulators.

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

HB 1197 Introduced by: Representatives Mickelson, Anderson, DiSanto, Goodwin, Gosch, Heinemann, Howard, Jensen (Kevin), Johns, Johnson, Karr, Kettwig, Lake, Latterell, Lust, Marty, Peterson (Kent), Pischke, Qualm, Rhoden, Rounds, Schaefer, Steinhauer, Wiese,

Willadsen, and Zikmund and Senators Cronin, Cammack, Curd, Greenfield (Brock), Maher, Monroe, Novstrup, Peters, and Youngberg

FOR AN ACT ENTITLED, An Act to prohibit public school administrators from participating in collective bargaining.

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

HB 1198 Introduced by: Representatives Mickelson, DiSanto, Goodwin, Gosch, Heinemann, Howard, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Kettwig, Latterell, Lust, Marty, Peterson (Kent), Pischke, Qualm, Rounds, Schaefer, Steinhauer, Wiese, and Willadsen and Senators Cronin, Cammack, Curd, Greenfield (Brock), Maher, Monroe, Novstrup, and Youngberg

FOR AN ACT ENTITLED, An Act to prohibit school districts from compensating official labor union representatives or negotiators.

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

HB 1199 Introduced by: Representatives Mickelson, Anderson, Beal, Clark, DiSanto, Goodwin, Gosch, Greenfield (Lana), Haugaard, Heinemann, Howard, Jensen (Kevin), Johnson, Karr, Kettwig, Latterell, Lust, Marty, May, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rhoden, Rounds, Schaefer, Steinhauer, Stevens, Willadsen, and Zikmund and Senators Bolin, Cronin, Curd, Greenfield (Brock), Haverly, Klumb, Langer, Maher, Monroe, Peters, and Youngberg

FOR AN ACT ENTITLED, An Act to prohibit collective bargaining by employees of the Board of Regents.

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

HB 1200 Introduced by: Representatives Mickelson and Steinhauer and Senator Cronin

FOR AN ACT ENTITLED, An Act to revise certain on-sale full-service restaurant alcoholic beverage license provisions and to authorize municipalities and counties to lease on-sale full-service restaurant alcoholic beverage licenses.

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

HB 1201 Introduced by: Representatives Mickelson, Beal, Clark, Haugaard, Peterson (Sue), Rozum, Steinhauer, and Zikmund and Senators Bolin, Kolbeck, Otten (Ernie), Peters, Rusch, Russell, and Stalzer

FOR AN ACT ENTITLED, An Act to require certain information on a ballot regarding any initiated measure.

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

HB 1202 Introduced by: Representatives Mickelson, Bartels, Diedrich, Johns, Lust, Peterson (Kent), and Rasmussen and Senators Rusch, Kennedy, and Partridge

FOR AN ACT ENTITLED, An Act to make an appropriation to the University of South Dakota law school.

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

HB 1203 Introduced by: Representatives Mickelson, Peterson (Kent), and Qualm and Senators Curd, Greenfield (Brock), and Maher

FOR AN ACT ENTITLED, An Act to authorize the secretary of state to enforce the laws that have been enacted to be under the supervision of the Office of the Secretary of State.

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

HB 1204 Introduced by: Representatives Lust, Barthel, Diedrich, Johns, Schoenfish, and Wismer and Senators Partridge, Haverly, Kennedy, Rusch, and Soholt

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding power of attorney.

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

HB 1205 Introduced by: Representatives Heinemann, Campbell, Clark, DiSanto, Goodwin, Holmes, McCleerey, McPherson, Mills, Otten (Herman), Rasmussen, Rounds, Rozum, Schaefer, Steinhauer, and York and Senators Solano, Frerichs, Killer, Klumb, Kolbeck, Nelson, Rusch, Soholt, Tapio, White, and Youngberg

FOR AN ACT ENTITLED, An Act to require certain health benefit plans to provide coverage to medically compromised persons for certain dental care services.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1206 Introduced by: Representatives Pischke, Brunner, Dennert, Howard, Kaiser, Livermont, and Marty and Senators Nelson, Jensen (Phil), and Russell

FOR AN ACT ENTITLED, An Act to decrease the rate of the gross receipts tax imposed on certain visitor-intensive businesses.

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

HB 1207 Introduced by: Representatives Pischke, Dennert, DiSanto, Kaiser, and Marty and Senators Heinert, Jensen (Phil), Nelson, and Russell

FOR AN ACT ENTITLED, An Act to revise certain provisions that prohibit the issuance of certain licenses and permits if a debt is being collected by the obligation recovery center.

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

HB 1208 Introduced by: Representatives Pischke, DiSanto, Marty, and Steinhauer and Senators Jensen (Phil), Nelson, Russell, and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child support and arrearages.

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

HJR 1006 Introduced by: Representatives Mickelson, Anderson, Bartels, Barthel, Clark, Duvall, Goodwin, Gosch, Greenfield (Lana), Haugaard, Hawley, Heinemann, Howard, Jensen (Kevin), Johns, Johnson, Karr, Kettwig, Lake, Latterell, Livermont, Marty, May, Otten (Herman), Peterson (Kent), Pischke, Rasmussen, Reed, Rhoden, Rounds, Schaefer, Schoenfish, Steinhauer, Stevens, Wiese, Willadsen, and Zikmund and Senators Curd, Cammack, Greenfield (Brock), Klumb, Kolbeck, Maher, Monroe, Novstrup, Partridge, and Rusch

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

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

HB 1209 Introduced by: Representatives Peterson (Sue), Bordeaux, Haugaard, Howard, Marty, May, Qualm, and Rasmussen and Senators Langer, Curd, Greenfield (Brock), Klumb, Maher, Monroe, and Netherton

FOR AN ACT ENTITLED, An Act to require a National Instant Criminal Background Check for applicants of certain concealed carry permits.

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

HB 1210 Introduced by: Representatives Pischke, DiSanto, Kaiser, Marty, and Wiese and Senators Greenfield (Brock), Jensen (Phil), Nelson, and Russell

FOR AN ACT ENTITLED, An Act to revise the definition of the purchase price of a motor vehicle.

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

HB 1211 Introduced by: Representatives Qualm, Dennert, DiSanto, Frye-Mueller, Glanzer, Karr, May, Rhoden, and Rounds and Senators Stalzer, Cronin, Curd, Greenfield (Brock), Klumb, Kolbeck, Novstrup, and Youngberg

FOR AN ACT ENTITLED, An Act to require that certain property tax opt out decisions be referred to a vote.

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

HB 1212 Introduced by: Representatives Pischke, Brunner, Dennert, DiSanto, and Marty and Senators Russell and Jensen (Phil)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the custody of a minor child.

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

HB 1213 Introduced by: Representatives Rounds, Ahlers, Bartling, Bordeaux, Duvall, Gosch, Greenfield (Lana), Lesmeister, Schaefer, Turbiville, Willadsen, and Zikmund and Senators Heinert, Curd, Frerichs, Kennedy, Killer, Maher, Monroe, Nesiba, Peters, Stalzer, Sutton, and Youngberg

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding telephone and telegraph corporations.

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

HB 1214 Introduced by: Representatives Chase, Dennert, Duvall, Gosch, Heinemann, Kettwig, Lake, Lesmeister, Reed, Rhoden, Ring, Schaefer, Schoenfish, Turbiville, and Zikmund and Senators Ewing, Cronin, Frerichs, Klumb, Nesiba, Novstrup, Otten (Ernie), Rusch, Soholt, Tidemann, Wiik, and Youngberg

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Conservation Commission and conservation districts.

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

HB 1215 Introduced by: Representatives Gosch, Dennert, DiSanto, Frye-Mueller, Kaiser, Lake, Livermont, Marty, Pischke, Schoenfish, and Wiese and Senators Cronin, Greenfield (Brock), Wiik, and Youngberg

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding reorganization of certain school districts with low enrollment.

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

HB 1216 Introduced by: Representatives Gosch and Mickelson and Senators Monroe, Greenfield (Brock), and Youngberg

FOR AN ACT ENTITLED, An Act to provide for limits on certain out-of-state contributions to ballot question committees.

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

HB 1217 Introduced by: Representatives Gosch, Kaiser, and Schoenfish and Senators Cammack, Greenfield (Brock), and Youngberg

FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting of mourning doves on certain property.

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

HB 1218 Introduced by: Representatives Hawley, Ahlers, Bartling, Lesmeister, McCleerey, Ring, Smith, and Wismer and Senators Frerichs, Heinert, Kennedy, Killer, and Nesiba

FOR AN ACT ENTITLED, An Act to establish an independent legislative redistricting commission.

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

HB 1219 Introduced by: Representatives Livermont, Dennert, Duvall, Kaiser, Marty, May, Qualm, Rhoden, and Rounds and Senators Frerichs and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of night vision equipment in hunting.

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

HB 1220 Introduced by: Representatives Dennert, Kaiser, Latterell, and Pischke and Senator Nelson

FOR AN ACT ENTITLED, An Act to revise the penalty for certain offenses regarding the manufacture, sale, or possession of alcohol in a powdered, condensed, or other concentrated form under most circumstances.

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

HB 1221 Introduced by: Representatives May, Bordeaux, Lake, Lesmeister, Livermont, and Zikmund and Senators Killer, Heinert, Jensen (Phil), Nelson, Otten (Ernie), and Russell

FOR AN ACT ENTITLED, An Act to expand the partners in education tax credit program to include tribally controlled schools on a federally recognized Indian reservation.

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

HB 1222 Introduced by: Representatives Bordeaux, Ring, Smith, Wismer, and Zikmund and Senators Heinert, Killer, Maher, and Nesiba

FOR AN ACT ENTITLED, An Act to prohibit the sale of fireworks to certain persons and to create a penalty therefor.

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

HB 1223 Introduced by: Representatives Bordeaux and Lesmeister and Senators Heinert, Killer, and Maher

FOR AN ACT ENTITLED, An Act to create a moratorium on oil pipeline construction.

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

HB 1224 Introduced by: Representatives Bordeaux, Lesmeister, Smith, and Wismer and Senators Heinert, Killer, Maher, and Nesiba

FOR AN ACT ENTITLED, An Act to prohibit certain extractive activities in the Black Hills.

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

HB 1225 Introduced by: Representatives Bordeaux, Ahlers, Frye-Mueller, Lesmeister, and May and Senators Killer, Heinert, and Nelson

FOR AN ACT ENTITLED, An Act to require notice and a hearing before the issuance of certain temporary water use permits.

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

HB 1226 Introduced by: Representatives Bordeaux, Ahlers, Bartling, Ring, Smith, and Zikmund and Senators Heinert, Killer, Maher, and Nesiba

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding tax compacts with Indian tribes.

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

HB 1227 Introduced by: Representatives Bordeaux, Ahlers, Bartling, Hawley, Ring, Smith, Wismer, and Zikmund and Senators Heinert, Killer, Maher, and Nesiba

FOR AN ACT ENTITLED, An Act to create a Commission on Indian Affairs.

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

HB 1228 Introduced by: Representatives Latterell, Barthel, Campbell, Dennert, DiSanto, Frye-Mueller, Glanzer, Greenfield (Lana), Howard, Livermont, May, Rasmussen, Ring, Rounds, Schaefer, and Wismer and Senators Nelson, Cronin, Jensen (Phil), Maher, Netherton, Russell, Stalzer, and Tapio

FOR AN ACT ENTITLED, An Act to provide for the crime of aggravated rape and provide a penalty therefor.

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

HB 1229 Introduced by: Representatives Hawley, Ahlers, Barthel, Bartling, Bordeaux, Kettwig, Lesmeister, Lust, McCleerey, Otten (Herman), Ring, Rozum, Smith, Wismer, and York and Senators Tidemann, Kennedy, and Rusch

FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of the seat belt law and to revise the penalty for a violation of that law.

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

HB 1230 Introduced by: Representatives Hawley, Ahlers, Barthel, Bartling, Bordeaux, Kettwig, Lesmeister, McCleerey, Otten (Herman), Reed, Ring, Rozum, Smith, Wismer, and York and Senators Tidemann, Kennedy, and Rusch

FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of the law prohibiting certain electronic communications while operating a motor vehicle and to revise the penalty for a violation of that law.

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

HB 1231 Introduced by: Representatives Anderson and Hunhoff and Senators Tidemann and Wiik

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

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

HB 1232 Introduced by: Representatives Karr, Brunner, Campbell, Gosch, Greenfield (Lana), Howard, Marty, May, Pischke, and Wiese and Senators Greenfield (Brock), Frerichs, Haverly, and Jensen (Phil)

FOR AN ACT ENTITLED, An Act to revise the payment for the dual credit program.

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

HB 1233 Introduced by: Representatives Karr, Barthel, Brunner, Campbell, Gosch, Greenfield (Lana), Howard, Marty, Peterson (Sue), Pischke, Qualm, and Wiese and Senators Cronin, Greenfield (Brock), Jensen (Phil), Klumb, Stalzer, and Youngberg

FOR AN ACT ENTITLED, An Act to require maintenance and repair funding for new nonrevenue generating buildings or facilities at institutions of higher education.

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

HB 1234 Introduced by: Representative Gosch and Senator Cronin

FOR AN ACT ENTITLED, An Act to provide for certain requirements prior to construction of wind energy facilities.

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

HB 1235 Introduced by: Representative Gosch and Senator Cronin

FOR AN ACT ENTITLED, An Act to provide that counties shall require certain requirements for wind energy facility decommissioning.

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

HB 1236 Introduced by: Representatives Willadsen, Anderson, Campbell, Chase, Clark, Frye-Mueller, Goodwin, Johnson, Lesmeister, Livermont, Rasmussen, Smith, Steinhauer, and Zikmund and Senators Wiik, Frerichs, Otten (Ernie), Solano, Stalzer, and Youngberg

FOR AN ACT ENTITLED, An Act to provide for the acquisition of certain motor vehicle titles by auction agencies in certain circumstances.

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

HJR 1007 Introduced by: Representatives Mickelson, Clark, Goodwin, Gosch, Haugaard, Heinemann, Johnson, Lake, Marty, Qualm, Steinhauer, and Zikmund and Senators Otten (Ernie), Klumb, Langer, Maher, and Monroe

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

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

HJR 1008 Introduced by: Representatives Pischke, Brunner, Campbell, Dennert, DiSanto, Frye-Mueller, Gosch, Karr, Marty, May, Mickelson, Peterson (Sue), Qualm, and Zikmund and Senators Otten (Ernie) and Youngberg

A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

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

HJR 1009 Introduced by: Representatives Hawley, Ahlers, Bartling, Lesmeister, McCleerey, Ring, Smith, and Wismer and Senators Frerichs, Heinert, Kennedy, Killer, and Nesiba

A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an amendment to Article III of the Constitution of the State of South Dakota, providing for state legislative redistricting by an independent commission.

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

HJR 1010 Introduced by: Representatives Karr, Bartels, Campbell, Goodwin, Gosch, Lake, Marty, May, and Rozum and Senators Novstrup, Frerichs, Jensen (Phil), Kolbeck, and Youngberg

A JOINT RESOLUTION, Proposing and submitting to voters an amendment to the Constitution of the State of South Dakota, revising legislative terms of office.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 25: FOR AN ACT ENTITLED, An Act to revise certain fees for entities permitted under the national pollutant discharge elimination system.

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

SB 30: FOR AN ACT ENTITLED, An Act to provide for the regulation of microblading by municipalities.

Was read the first time and referred to the Committee on Health and Human Services.

SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding registration for pesticide products.

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

SB 71: FOR AN ACT ENTITLED, An Act to revise certain provisions related to a license renewal for the practice of medicine, osteopathy, surgery, or obstetrics.

Was read the first time and referred to the Committee on Health and Human Services.

SB 77: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding required campaign finance disclosure statements submitted by ballot question committees.

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

SJR 1: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1105: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the validation of absentee ballot signatures.

Was read the second time.

The question being “Shall HB 1105 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Brunner; Jensen (Kevin); Lust; McPherson; Rozum; 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.

HB 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding clerk magistrate jurisdiction.

Was read the second time.

The question being “Shall HB 1095 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Brunner; Jensen (Kevin); Lust; McPherson; Rozum; 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.

HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding magistrate court jurisdiction over vulnerable adult protective or restraining orders.

Was read the second time.

The question being “Shall HB 1097 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Brunner; Jensen (Kevin); Lust; McPherson; Rozum; 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.

HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding used motorcycles offered for sale at an event.

Was read the second time.

The question being “Shall HB 1101 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Brunner; Jensen (Kevin); Lust; McPherson; Rozum; 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.

SB 18: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Board of Technical Education.

Was read the second time.

The question being “Shall SB 18 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Brunner; Jensen (Kevin); Lust; McPherson; Rozum; 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 HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that HJR 1001 and HB 1081 and 1102 be placed to precede HB 1103 on today's calendar.

Which motion prevailed.

HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the voters an amendment to the Constitution of the State of South Dakota, removing the Legislature's authority to set legislator salaries for a regular legislative session.

Was read the second time.

Rep. Kaiser moved that HJR 1001 be deferred to Friday, February 23, 2018, the
28^th legislative day.

Which motion lost.

Rep. Hawley moved that HJR 1001 be amended as follows:

On page 1, line 6, of the printed resolution, after "next" insert "general".

Which motion prevailed.

The question being “Shall HJR 1001 pass as amended?”

And the roll being called:

Yeas 38, Nays 26, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Carson; Clark; Dennert; DiSanto; Glanzer; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Jamison; Johns; Johnson; Kettwig; Lesmeister; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Reed; Rhoden; Schaefer; Schoenfish; Smith; Steinhauer; Tulson; Willadsen; Wismer; York; Speaker Mickelson

Nays:
Ahlers; Campbell; Chase; Conzet; Diedrich; Duvall; Frye-Mueller; Goodwin; Gosch; Howard; Hunhoff; Kaiser; Karr; Lake; Latterell; Livermont; Marty; May; Pischke; Rasmussen; Ring; Rounds; Stevens; Turbiville; Wiese; Zikmund

Excused:
Brunner; Jensen (Kevin); Lust; McPherson; Rozum; Soli

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution passed and the title was agreed to.

HB 1081: FOR AN ACT ENTITLED, An Act to repeal the sunset clause regarding the recreational use of nonmeandered water.

Was read the second time.

Rep. Rhoden moved that HB 1081 be amended as follows:

On page 1 of the printed bill, delete lines 4 to 6, inclusive, and insert:

"Section 1. That section 21 of chapter 1 of the 2017 Special Session Laws be repealed.

~~[Section 21.] The provisions of this Act are repealed on June 30, 2018.~~".

Which motion prevailed.

Rep. Otten (Herman) rose to a point of order of Rep. May's question to not be allowed. The Speaker overruled the Point of Order and granted latitude to the sponsor to answer the question.

The question being “Shall HB 1081 pass as amended?”

And the roll being called:

Yeas 51, Nays 12, Excused 7, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Campbell; Carson; Chase; Clark; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lesmeister; Marty; McCleerey; Mills; Peterson (Kent); Qualm; Reed; Rhoden; Ring; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Dennert; Diedrich; Kaiser; Livermont; May; Otten (Herman); Peterson (Sue); Pischke; Rasmussen; Rounds; Tulson; Wismer

Excused:
Brunner; Conzet; Jensen (Kevin); Lust; McPherson; Rozum; Soli

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.

Rep. Rhoden moved that the title to HB 1081 be amended as follows:

On page 1, line 1, of the printed bill, delete "extend the effective date of certain provisions" and insert "repeal the sunset clause".

Which motion prevailed and the title was so amended.

HB 1102: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the great seal of South Dakota and to establish a penalty for misrepresentation of the great seal.

Was read the second time.

Rep. Sue Peterson moved that HB 1102 be amended as follows:

On page 2, line 3, of the House State Affairs Committee engrossed bill, delete "one-half" and insert "one".

On page 2, line 4, after "seal" insert "based upon S.D. Const., Art. XXI, § 1 and this section,".

On page 2, line 8, delete everything after ".".

On page 2, delete lines 9 and 10, and insert:

"Section 2. That the code be amended by adding a NEW SECTION to read:

Any use of the state seal by a state agency after July 1, 2018, shall comply with S.D. Const., Art. XXI, § 1 and §§ 1-6-1 and 1-6-2. Any use of the seal existing prior to that date may continue to be used.".

Which motion prevailed.

The question being “Shall HB 1102 pass as amended?”

And the roll being called:

Yeas 56, Nays 6, Excused 8, Absent 0

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

Nays:
Chase; Duvall; Johns; Reed; Stevens; Turbiville

Excused:
Brunner; Conzet; Jensen (Kevin); Kettwig; Lust; McPherson; Rozum; Soli

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.

Rep. Sue Peterson moved that the title to HB 1102 be amended as follows:

On page 1, line 1, of the House State Affairs Committee engrossed bill, delete "clarify certain provisions regarding" and insert "revise certain provisions regarding the use and display of".

On page 1, line 2, delete everything after "Dakota" and insert ".".

Which motion prevailed and the title was so amended.

HB 1103: FOR AN ACT ENTITLED, An Act to require state agencies to comply with the appropriate display or use of the state seal.

Was read the second time.

Rep. Sue Peterson moved that HB 1103 be laid on the table.

Rep. Rhoden rose to a point of order of Rep. Sue Peterson's remarks on HB 1103 relative to her motion to table the bill.

Rep. Kaiser moved as a substitute motion that HB 1103 be laid on the table.

The question being on Rep. Kaiser's substitute motion that HB 1103 be laid on the table.

And the roll being called:

Yeas 62, Nays 0, Excused 8, Absent 0

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

Excused:
Brunner; Conzet; Jensen (Kevin); Kettwig; Lust; McPherson; Rozum; Soli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1103 was tabled.

Rep. Qualm moved that the balance of the calendar including HB 1008, 1066, 1012, 1096, 1104, 1078, and 1093 and SB 27, 40, 52, and 56 be deferred to Tuesday, January 30, 2018, the 13^th legislative day.

Which motion prevailed.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:07 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk