House of Representatives Journal 2/1/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 1, 2018

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

The prayer was offered by the Chaplain, Rev. Cory Rajek, followed by the Pledge of Allegiance led by House pages Ashlyn Simons and Mark Smith.

Roll Call: All members present except Reps. McPherson, Mills, 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 fourteenth 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 Retirement Laws respectfully reports that it has had under consideration SB 35, 36, 37, and 38 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Hugh M. Bartels, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 30 and 71 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1205 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That § 58-17-84.1 be amended to read:

58-17-84.1. Any health benefit plan as defined by § 58-17-63 shall cover anesthesia and hospital or ambulatory surgery center charges for dental care provided to a covered person who:

(1) Is a child under age five; or

(2) ~~Is severely disabled or otherwise suffers from a developmental disability as determined by a licensed physician which places such person at serious risk~~ If determined by a licensed physician, is severely disabled, suffers from a developmental disability, or otherwise has a medical condition that places the person at serious medical risk.

~~Such~~ The coverage applies regardless of whether the services are provided in a hospital, ambulatory surgery center, or a dental office. A health carrier may require prior authorization ~~of hospitalization for dental care procedures~~ in the same manner that prior authorization is required ~~for hospitalization~~ for other covered diseases or conditions.

Section 2. That § 58-18-45.1 be amended to read:

58-18-45.1. Any health benefit plan as defined by § 58-18-42 shall cover anesthesia and hospital or ambulatory surgery center charges for dental care provided to a covered person who:

(1) Is a child under age five; or

Section 3. That the code be amended by adding a NEW SECTION to read:

The provisions of this Act are effective the first plan year, policy year, or renewal date on or after January 1, 2019."

And that as so amended said bill do pass.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1214 and 1217 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1156 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas Brunner, Vice-Chair

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1060, 1061, 1062, 1065, and 1071 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 1043 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, delete "of the construction".

On page 1, line 7, after "Center," insert "adjacent to the Army Aviation Support Facility located at the Rapid City Regional Airport,".

On page 1, line 10, delete everything after "dollars" and insert ".".

On page 1, delete line 11.

On page 2, line 1, delete everything after "the Military for the" and insert "purposes authorized in this Act.".

On page 2, delete lines 2 to 8, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
David L. Anderson, Co-Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1119 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That § 10-6-31.7 be amended to read:

10-6-31.7. Any agricultural land within one hundred twenty feet of:

(1) A lake assigned immersion recreation or limited contact recreational beneficial uses in ARSD 74:51:02:02 and listed in ARSD 74:51:02:04; or

(2) A river or stream assigned any of the warmwater or coldwater fish life propagation beneficial uses in ARSD 74:51:03:02 and listed in ARSD 74:51:03:04 to 74:51:03:27, inclusive;

that meets the requirements of § 10-6-31.8 is specifically classified for the purpose of taxation as a riparian buffer strip. The riparian buffer strip shall be assessed at sixty percent of its agricultural income value as determined by §§ 10-6-33.28 to 10-6-33.34, inclusive.

In addition, the board of county commissioners may, by resolution, authorize the director of equalization to treat any agricultural land within one hundred twenty feet of a tributary to any lake, river, or stream specified in subdivision (1) and (2) as a riparian buffer strip for the purposes of taxation. The riparian buffer strip shall meet the requirements of § 10-6-31.8 and shall be assessed at sixty percent of its agricultural income value as determined by §§ 10-6-33.28 to 10-6-33.34, inclusive. "

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

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1141 and 1142 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Burt Tulson, Vice-Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1190 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 1179 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete "exempted from" and insert "in permanent".

On page 1, line 10, of the printed bill, delete "exempts the state from" and insert "permanently adopts".

On page 1, line 1, of the printed bill, delete "exempt South Dakota from" and insert "provide for permanent".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that is has had under consideration HB 1195 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the printed bill, after “paid” insert “and the stickers shall be returned unused”.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HCR 1004 and returns the same with the recommendation that said resolution be adopted.

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 1034 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1034 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1005 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 46, 61, 80, and 89 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006: A CONCURRENT RESOLUTION, Commemorating the life of George Speaker Mickelson and calling for a bust of Mickelson to be displayed in the lobby of the State House of Representatives.

Was read the second time.

Rep. Qualm moved that HCR 1006 as found on page 244 of the House Journal be adopted.

The question being on Rep. Qualm's motion that HCR 1006 be adopted.

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
McPherson; Mills; Soli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

SCR 6: A CONCURRENT RESOLUTION, Recognizing the seventieth anniversary of the Universal Declaration of Human Rights on December 10, 2018, and the celebration of Human Rights Day.

Was read the second time.

Rep. Ahlers moved that SCR 6 as found on page 221 of the Senate Journal be concurred in as amended on page 267 of the Senate Journal.

The question being on Rep. Ahlers' motion that SCR 6 be concurred in as amended.

And the roll being called:

Yeas 36, Nays 30, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Carson; Chase; Conzet; Diedrich; Duvall; Goodwin; Greenfield (Lana); Hawley; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Lake; Lesmeister; Lust; McCleerey; Otten (Herman); Reed; Ring; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Willadsen; Wismer; Zikmund; Speaker Mickelson

Nays:
Barthel; Beal; Brunner; Campbell; Clark; Dennert; DiSanto; Glanzer; Gosch; Haugaard; Heinemann; Howard; Kaiser; Karr; Kettwig; Latterell; Livermont; Marty; May; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Rozum; Turbiville; Wiese; York

Excused:
Frye-Mueller; McPherson; Mills; Soli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 6 was concurred in as amended.

HCR 1007 Introduced by: Representatives Brunner, Ahlers, Heinemann, Jamison, Jensen (Kevin), Mickelson, Wismer, and Zikmund and Senators Bolin, Frerichs, and Klumb

A CONCURRENT RESOLUTION, Encouraging thoughtful taxation of alcohol products in the state and calling for alcohol to become budget neutral rather than a drain on the resources and the economy of South Dakota.

WHEREAS, the Centers for Disease Control and Prevention estimates alcohol harm costs to South Dakota taxpayers and businesses at around six hundred million dollars annually; and

WHEREAS, alcohol excise tax and other revenues from alcohol to the state of South Dakota are estimated to be around twenty million dollars per year; and

WHEREAS, the remaining five hundred eighty million dollars (which equates to ninety-seven percent of alcohol harm costs) is paid for by hard working South Dakota families and small businesses, while the alcohol industry and heavy alcohol consumers pay only three percent of alcohol harm costs; and

WHEREAS, responsible and moderate alcohol consumers would pay significantly less in total taxes (including property, sales, and other taxes) over time if alcohol were taxed at a higher rate; and

WHEREAS, alcohol excise taxes in South Dakota have not been raised since 1987; and

WHEREAS, alcohol excise taxes have not kept pace with inflation, resulting in a near fifty percent loss in value over the last thirty years; and

WHEREAS, by not indexing alcohol excise taxes to inflation, the state of South Dakota has forgone over one hundred fifty million dollars in unrealized alcohol excise tax revenue much of which has gone into the pockets of out-of-state owned and operated alcohol interests; and

WHEREAS, lower alcohol prices are known to increase problematic alcohol consumption among heavy consumers of alcohol and underage consumers of alcohol; and

WHEREAS, problematic consumption of alcohol is associated with increased crime, including violent crime; and

WHEREAS, for over a decade, South Dakota has consistently ranked at the top of the list for alcohol-related crime; and

WHEREAS, alcohol harm costs are among the top expense items for counties across the state, leaving counties with no other option than to raise property taxes to pay for alcohol harm mitigation costs; and

WHEREAS, research has found that the only consumers who are significantly price sensitive are those who consume alcohol problematically (over ten drinks per day) and underage drinkers; and

WHEREAS, research shows that, like with tobacco and groceries, consumers of alcohol very rarely travel to other states to purchase alcohol products for the purpose of saving money; and

WHEREAS, research and experience from other states where alcohol excise taxes have been increased also reported a net increase in jobs, especially when the revenue is directed to alcohol cost mitigation areas such as healthcare, social services, and public safety:

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 South Dakota Legislature recognizes the importance thoughtful taxation of alcohol products in South Dakota and agrees that alcohol ought to become budget-neutral rather than a drain on resources and the economy of South Dakota.

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

HCR 1008 Introduced by: Representatives Jensen (Kevin), Ahlers, Brunner, Campbell, Haugaard, Heinemann, Jamison, Kaiser, May, Mickelson, Otten (Herman), Wismer, and Zikmund and Senators Bolin, Frerichs, Haverly, Heinert, Partridge, Rusch, Soholt, Solano, and Stalzer

A CONCURRENT RESOLUTION, that tobacco, alcohol, and other drug marketing have no place in the lives of the children of the state.

WHEREAS, research clearly indicates that, in addition to parents and peers, alcohol and tobacco advertising and marketing have a significant impact on youth decisions to drink; and

WHEREAS, Prairie View Prevention in Sioux Falls cites that eight percent of all alcohol sold in South Dakota is consumed illegally by underage persons and that ninety percent of that alcohol is consumed through binge drinking; and

WHEREAS, a national study published in January 2006 by the Archives of Pediatrics and Adolescent Medicine concluded that greater exposure to alcohol advertising contributes to an increase in drinking among underage youth. Specifically, for each additional ad a young person saw, above the monthly youth average age of twenty-three, he or she drank one percent more. For each additional dollar per capita spent on alcohol advertising in a local market, above the national average of six dollars and eighty cents per capita, young people drank three percent more; and

WHEREAS, researchers followed three thousand one hundred eleven students in South Dakota from seventh to ninth grade, and found that exposure to in-store beer displays in grade seven predicted onset of drinking by grade nine, and exposure to magazine advertising for alcohol and to beer concessions at sports or music events predicted frequency of drinking in grade nine; and

WHEREAS, a USA Today survey found that teens report alcohol advertising has a greater influence on their desire to drink in general than on their desire to buy a particular brand of alcohol; and

WHEREAS, according to a 2017 study by the Centers for Disease Control, exposure to marijuana advertisements was associated with higher odds of current marijuana use among adolescents. The study went on to say that "regulations that limit marijuana advertisements to adolescents and educational campaigns on harmfulness of illicit marijuana use are needed"; and

WHEREAS, a poll done for an alcohol-industry-funded organization called the Century Council, found that seventy-three percent of the public believes that "alcohol advertising is a major contributor to underage drinking"; and

WHEREAS, the National Association of Broadcasters recognizes the influence advertising can have on youth: "The impact of advertising on radio and television audiences, particularly kids, cannot be overstated. Clever jingles, flashy lights, fast talking, and quick pacing, all contribute to the message of commercials."; and

WHEREAS, underage persons are not a target market for tobacco, alcohol and other drug products since they are not of legal age to purchase, possess or consume these products:

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 South Dakota Legislature recognizes that tobacco, alcohol, and other drug advertising has no place in the lives of the children of the state of South Dakota.

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

HCR 1009 Introduced by: Representatives Heinemann, Brunner, Campbell, Jamison, Jensen (Kevin), Kaiser, Mickelson, Wismer, and Zikmund and Senators Bolin, Frerichs, Haverly, Heinert, Klumb, Partridge, Rusch, Soholt, Solano, and Stalzer

A CONCURRENT RESOLUTION, Encouraging awareness of alcohol as a direct cause of seven types of cancer and encourages the Department of Health to research potential awareness campaigns related to alcohol and cancer.

WHEREAS, alcohol has been recognized as a Group 1 carcinogen and a direct cause of seven types of cancer by the American Cancer Society, the American Society of Clinical Oncology, the World Health Organization, the Centers for Disease Control, and cancer advocacy and awareness organizations throughout the world; and

WHEREAS, the scientific community, cancer care organizations, and public health organizations recognize that even moderate consumption of alcohol can cause cancers; and

WHEREAS, alcohol is proven to cause cancers of the mouth, throat (pharynx), voice box (larynx), esophagus, stomach, liver, colon and breast; and

WHEREAS, it is estimated that, worldwide, about five percent of new cancers and six percent of cancer deaths each year are directly attributable to alcohol consumption; and

WHEREAS, consuming even one alcoholic drink per day is linked with a five percent increase in the risk of breast cancer, a seventeen percent increase in the risk of oropharyngeal cancer (a cancer of the middle part of the throat), and a thirty percent increase in the risk of esophageal cancer, compared with not drinking; and

WHEREAS, government responsibility for health information related to Group 1 cancer causing carcinogens has historically led to improved health outcomes related to other carcinogenic products such as asbestos and tobacco; and

WHEREAS, consumers deserve to know if a product causes cancer or may adversely impact their health; and

WHEREAS, women deserve to know that alcohol is among the leading indicators for breast cancer; and

WHEREAS, just as prominent health warnings on tobacco are critical to reducing tobacco use and ensuring that smokers are adequately informed about the risks of smoking, prominent health warnings on alcohol products would benefit consumers of alcohol by educating about the impacts of alcohol and health; and

WHEREAS, over seventy percent of Americans are not aware that alcohol causes cancer, according to a recent study by American Society of Clinical Oncology; and

WHEREAS, prominent health warnings on packages are among the most cost-effective forms of public health education available:

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 South Dakota Legislature recognizes the importance of awareness of the link between alcohol and seven types of cancer and encourages the Department of Health to research potential awareness and prevention campaigns related to alcohol and cancer.

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

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Friday, February 2, 2018, the 16^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on HB 1123 as found on page 240 and HB 1083 as found on page 241 of the House Journal; also

    Judiciary on HB 1157 as found on page 242 and HB 1085 as found on page 242 of the House Journal; also

    Commerce and Energy on HB 1070 as found on page 243 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1279 Introduced by: Representatives Mills, Campbell, Goodwin, Haugaard, Heinemann, Howard, Latterell, McCleerey, Peterson (Sue), Qualm, Rasmussen, Rhoden, Steinhauer, Wiese, and Zikmund and Senators Frerichs, Jensen (Phil), and Netherton

FOR AN ACT ENTITLED, An Act to increase the state's percentage of the video lottery net machine income, create a fund for the proceeds, and repeal video lottery.

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

HB 1280 Introduced by: Representatives Barthel, Dennert, Lake, and Lust and Senator Rusch

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the calculation of suspended prison sentences.

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

HB 1281 Introduced by: Representative Stevens and Senator Rusch

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding persons on probation and to declare an emergency.

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

HB 1282 Introduced by: Representatives Jamison, Ahlers, Beal, Campbell, Goodwin, Haugaard, Jensen (Kevin), Marty, McCleerey, Reed, Smith, and Willadsen and Senators Novstrup, Kolbeck, and Stalzer

FOR AN ACT ENTITLED, An Act to provide certain notice requirements regarding out-of-state contributions to ballot question committees.

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

HB 1283 Introduced by: Representatives Livermont, Brunner, Campbell, Clark, Gosch, and May and Senators Russell and Jensen (Phil)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding appeals from small claims court proceedings.

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

HB 1284 Introduced by: Representatives Bartling, Peterson (Kent), Qualm, and Schoenfish and Senators Nelson and Sutton

FOR AN ACT ENTITLED, An Act to provide for certain highway safety requirements and to declare an emergency.

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

HB 1285 Introduced by: Representative Bartling and Senator Heinert

FOR AN ACT ENTITLED, An Act to accommodate legislation regarding community safety zones.

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

HB 1286 Introduced by: Representatives Qualm, Bartling, Hawley, and Peterson (Kent) and Senators Greenfield (Brock), Curd, and Maher

FOR AN ACT ENTITLED, An Act to authorize certain political parties to be classified under alternative political status and to declare an emergency.

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

HB 1287 Introduced by: Representatives DiSanto, Brunner, Campbell, Dennert, Frye-Mueller, Goodwin, Gosch, Haugaard, Heinemann, Howard, Jensen (Kevin), Kaiser, Latterell, May, Peterson (Sue), Pischke, Qualm, Rasmussen, Rhoden, and Steinhauer and Senators Curd, Greenfield (Brock), Jensen (Phil), Nelson, Netherton, Stalzer, Wiik, and Youngberg

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding multiple employer trusts.

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

HB 1288 Introduced by: Representatives Rasmussen, Lesmeister, Peterson (Sue), and Wiese and Senator Kolbeck

FOR AN ACT ENTITLED, An Act to provide contractors' excise, sales, and use tax refunds for the filming of certain motion pictures, documentaries, television advertisements, or television films.

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

HB 1289 Introduced by: Representatives Rasmussen and Lesmeister and Senators Langer and Stalzer

FOR AN ACT ENTITLED, An Act to create a film commission within the Governor's Office of Economic Development.

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

HB 1290 Introduced by: Representatives Jensen (Kevin), Brunner, Clark, Greenfield (Lana), Kaiser, and Willadsen and Senators Novstrup and Rusch

FOR AN ACT ENTITLED, An Act to provide for disclosure of certain contents of public-private partnership agreements and to provide a penalty for failure to disclose.

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

HB 1291 Introduced by: Representatives Latterell, Ahlers, Brunner, Campbell, DiSanto, Frye-Mueller, Greenfield (Lana), Haugaard, Heinemann, Jensen (Kevin), Johnson, Kaiser, Marty, May, Mills, Peterson (Sue), Pischke, Qualm, Rhoden, Rounds, Willadsen, and Zikmund and Senators Jensen (Phil), Bolin, Heinert, Killer, Kolbeck, Maher, Monroe, Nelson, Netherton, Otten (Ernie), and Wiik

FOR AN ACT ENTITLED, An Act to revise the procedure to nominate candidates for the United States Senate.

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

HB 1292 Introduced by: Representatives Kettwig, Johns, Lust, and Reed and Senators Rusch and Cammack

FOR AN ACT ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding conditional use requests.

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

HB 1293 Introduced by: Representatives Smith, Ahlers, Bartling, Bordeaux, Glanzer, Hawley, Holmes, Jamison, Johns, Lesmeister, McCleerey, Ring, Stevens, Wismer, and Zikmund and Senators Killer, Frerichs, Heinert, Kennedy, Kolbeck, Maher, Nesiba, and Sutton

FOR AN ACT ENTITLED, An Act to increase the penalty for certain assaults committed against firefighters or emergency medical technicians while engaged in the performance of their duties.

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

HB 1294 Introduced by: Representatives Brunner, Bartling, Clark, Heinemann, Jensen (Kevin), May, Mickelson, Rasmussen, Wismer, and Zikmund and Senators Nesiba, Frerichs, and Klumb

FOR AN ACT ENTITLED, An Act to increase the tax on certain alcoholic beverages and to distribute the revenue.

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

HB 1295 Introduced by: Representatives Marty, Frye-Mueller, Goodwin, Gosch, Livermont, and May and Senators Nelson and Jensen (Phil)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility to serve on the Game, Fish and Parks Commission.

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

HB 1296 Introduced by: Representatives Goodwin, Brunner, DiSanto, Frye-Mueller, Howard, Livermont, and Peterson (Sue) and Senators Jensen (Phil) and Nelson

FOR AN ACT ENTITLED, An Act to require each school board to establish a policy on the use of certain school district facilities by transgender persons.

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

HB 1297 Introduced by: Representatives Gosch, Duvall, Kaiser, Lake, Lesmeister, May, Qualm, Rhoden, and Rounds and Senators Greenfield (Brock), Cronin, and Langer

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital outlay obligations.

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

HB 1298 Introduced by: Representative Gosch and Senator Cronin

FOR AN ACT ENTITLED, An Act to allow certain school districts to become nonpublic districts.

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

HB 1299 Introduced by: Representative Gosch

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the lawful possession of firearms in certain locations.

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

HB 1300 Introduced by: Representatives Steinhauer, Anderson, Haugaard, Mickelson, and Zikmund and Senators Novstrup and Bolin

FOR AN ACT ENTITLED, An Act to provide for the use of certain general funds to increase Medicaid reimbursement rates for existing Medicaid providers.

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

HB 1301 Introduced by: Representative Smith and Senator Heinert

FOR AN ACT ENTITLED, An Act to provide for the establishment of property assessed clean energy programs.

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

HB 1302 Introduced by: Representatives Campbell, Brunner, Frye-Mueller, Jensen (Kevin), Livermont, and Pischke and Senators Russell, Jensen (Phil), Nelson, Stalzer, and Tapio

FOR AN ACT ENTITLED, An Act to prohibit the compensation of certain petition circulators.

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

HB 1303 Introduced by: Representatives Campbell, Brunner, Frye-Mueller, Goodwin, Jensen (Kevin), Latterell, Livermont, and Marty and Senators Nelson, Russell, Stalzer, and Tapio

FOR AN ACT ENTITLED, An Act to prohibit certain incentives and punishments in association with school surveys, and to impose a penalty therefor.

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

HB 1304 Introduced by: Representatives Mickelson, Bartels, Goodwin, Gosch, Heinemann, Jensen (Kevin), Lake, Peterson (Kent), Qualm, Stevens, and Willadsen and Senators Curd, Maher, Novstrup, Otten (Ernie), and Partridge

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to petition signatures and to declare an emergency.

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

HB 1305 Introduced by: Representatives Dennert, DiSanto, Latterell, Lust, May, Mickelson, Pischke, and Wiese and Senators Rusch and Frerichs

FOR AN ACT ENTITLED, An Act to authorize independents to vote at a primary election under certain conditions.

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

HB 1306 Introduced by: The Committee on Committee on Appropriations

FOR AN ACT ENTITLED, An Act to approve bonds for a lease purchase agreement with Lake Area Technical Institute and to make an appropriation therefor.

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

HB 1307 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

HB 1308 Introduced by: Representatives Wismer, Ahlers, Brunner, Heinemann, May, Mickelson, and Zikmund and Senator Klumb

FOR AN ACT ENTITLED, An Act to provide for an excise tax on alcoholic beverage sales and the distribution of the revenue.

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

HB 1309 Introduced by: Representatives May, Gosch, and Marty and Senator Jensen (Phil)

FOR AN ACT ENTITLED, An Act to revise certain sales tax exemptions and the tax rate on the sale of food.

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

HB 1310 Introduced by: Representatives May, Brunner, Campbell, Goodwin, Gosch, Livermont, Marty, McCleerey, and Tulson

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

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

HB 1311 Introduced by: Representatives Heinemann, Ahlers, Bartels, Barthel, Bartling, Beal, Brunner, Campbell, Clark, Gosch, Greenfield (Lana), Jamison, Johnson, Karr, Livermont, Marty, May, McCleerey, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Rozum, Smith, Stevens, Tulson, Wiese, Willadsen, and York and Senators Partridge, Cronin, and Stalzer

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

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

HB 1312 Introduced by: Representatives Hawley, Bartling, Lesmeister, McCleerey, Qualm, Ring, and Wismer and Senators Kennedy and Tidemann

FOR AN ACT ENTITLED, An Act to establish the Tax Revenue Study Task Force to study tax revenue in this state.

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

HB 1313 Introduced by: Representatives Rounds and Gosch and Senators Jensen (Phil) and Wiik

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of distillers and cider manufacturers.

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

HB 1314 Introduced by: Representatives Lake, Peterson (Kent), and Rozum and Senators Cronin, Greenfield (Brock), Klumb, and Nelson

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the calculation of fall enrollment for the purposes of education funding.

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

HB 1315 Introduced by: Representative Lake and Senator Cronin

FOR AN ACT ENTITLED, An Act to accommodate legislation regarding education funding.

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

HB 1316 Introduced by: Representatives Karr and Peterson (Sue) and Senators Cronin, Partridge, and Wiik

FOR AN ACT ENTITLED, An Act to require approval of certain federal grants.

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

The Speaker declared that HB 1208 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

The Speaker declared that HB 1212 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 46: FOR AN ACT ENTITLED, An Act to require school districts to adopt a policy limiting the use of restraint and seclusion.

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

SB 61: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding sex offender registration.

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

SB 80: FOR AN ACT ENTITLED, An Act to establish term limits for members of the Board of Regents.

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

SB 89: FOR AN ACT ENTITLED, An Act to establish term limits for members of the Board of Education Standards.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of lobbyists.

Was read the second time.

The question being “Shall HB 1137 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
McPherson; Mills; 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 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contested paternity.

Was read the second time.

The question being “Shall HB 1112 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
McPherson; Mills; 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 HB 1258 be referred from the Committee on Commerce and Energy to the Committee on Transportation.

Which motion prevailed.

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding South Dakota One Call.

Was read the second time.

Rep. Willadsen moved that HB 1024 be amended as follows:

On page 2, after line 4 of the printed bill, insert:

"Section 2. The provisions of this Act shall take effect on July 1, 2019.".
Rep. Willadsen motion to Amend on HB 1024 was withdrawn.

Rep. Rounds moved that HB 1024 be amended as follows:

On page 2, line 19, of the House Commerce and Energy Committee engrossed bill, after "." insert "Section 2. The provisions of this Act shall take effect on July 1, 2019.".

Rep. Rounds motion to Amend on HB 1024 was withdrawn.

Rep. Rounds moved that HB 1024 be amended as follows:

On page 2, after line 19 of the House Commerce and Energy Committee engrossed bill, insert:

"Section 4. The provisions of this Act shall take effect on July 1, 2019.".

Which motion prevailed.

The question being “Shall HB 1024 pass as amended?”

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

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

Nays:
Anderson; Dennert; DiSanto; Frye-Mueller; Hunhoff; Kaiser; Latterell; Pischke; Turbiville

Excused:
McPherson; Mills; 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 1148: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility to serve on the Game, Fish, and Parks Commission.

Was read the second time.

The question being “Shall HB 1148 pass?”

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

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

Nays:
Campbell; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Kaiser; Livermont; Marty; May

Excused:
McPherson; Mills; 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 1110: FOR AN ACT ENTITLED, An Act to increase the penalty for certain subsequent convictions of hiring for sexual activity or promoting prostitution.

Was read the second time.

The question being “Shall HB 1110 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
McPherson; Mills; 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 1121: FOR AN ACT ENTITLED, An Act to revise the fees for certain on-sale and off-sale retail liquor licenses.

Was read the second time.

Rep. Gosch moved that HB 1121 be amended as follows:

On page 2, line 3, of the printed bill, overstrike "five" and insert "three".

On page 2, line 9, overstrike "fifteen" and insert "nine".

On page 3, line 16, overstrike "fifteen" and insert "nine".

Which motion lost.

The question being “Shall HB 1121 pass?”

And the roll being called:

Yeas 46, Nays 21, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Carson; Chase; Clark; Conzet; Diedrich; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Johnson; Kettwig; Lake; 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:
Ahlers; Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Howard; Jensen (Kevin); Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; Peterson (Sue); Pischke; Tulson

Excused:
McPherson; Mills; 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 1125: FOR AN ACT ENTITLED, An Act to revise the minimum purchase price for the off-sale delivery of certain alcohol.

Was read the second time.

The question being “Shall HB 1125 pass?”

And the roll being called:

Yeas 26, Nays 41, Excused 3, Absent 0

Yeas:
Barthel; Brunner; Campbell; Chase; Dennert; Diedrich; DiSanto; Frye-Mueller; Goodwin; Gosch; Holmes; Jamison; Kaiser; Karr; Latterell; Livermont; Marty; May; McCleerey; Peterson (Sue); Pischke; Reed; Rozum; Steinhauer; Zikmund; Speaker Mickelson

Nays:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Carson; Clark; Conzet; Duvall; Glanzer; Greenfield (Lana); Haugaard; Hawley; Heinemann; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Lesmeister; Lust; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York

Excused:
McPherson; Mills; Soli

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 22: FOR AN ACT ENTITLED, An Act to allow commercial driver license applicants three attempts to pass the commercial driver license examination.

Was read the second time.

The question being “Shall SB 22 pass?”

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

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

Nays:
Anderson; Bartels; Bartling; Hunhoff; Karr; Otten (Herman); Qualm; Willadsen; Speaker Mickelson

Excused:
McPherson; Mills; 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 66: FOR AN ACT ENTITLED, An Act to require each school board to provide certain information regarding school elections in the school board minutes.

Was read the second time.

The question being “Shall SB 66 pass as amended?”

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

Yeas:
Ahlers; Barthel; 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; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Ring; Rounds; Schaefer; Smith; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Anderson; Bartels; Bartling; Johns; Otten (Herman); Reed; Rozum; Schoenfish; Stevens

Excused:
McPherson; Mills; 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 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 second time.

The question being “Shall SB 67 pass as amended?”

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; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
McPherson; Mills; Soli; Steinhauer

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 28: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the second time.

The question being “Shall SB 28 pass?”

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

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

Nays:
Goodwin

Excused:
Beal; McPherson; Mills; Soli; Speaker Mickelson

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

SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of unclaimed property.

Was read the second time.

The question being “Shall SB 45 pass?”

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; 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; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

Excused:
Beal; McPherson; Mills; Soli; Speaker Mickelson

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

SB 48: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved agricultural real property in Meade County, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall SB 48 pass?”

And the roll being called:

Yeas 59, Nays 8, Excused 3, Absent 0

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

Nays:
Campbell; Frye-Mueller; Goodwin; Greenfield (Lana); Latterell; Livermont; Marty; May

Excused:
McPherson; Mills; 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.

SB 49: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase unimproved agricultural real property in Brookings County, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

Rep. Bartels moved that SB 49 be amended as follows:

On page 1, after line 15 of the printed bill, insert "Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

Which motion prevailed.

The question being “Shall SB 49 pass as amended?”

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

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

Nays:
Campbell; Frye-Mueller; Goodwin; Greenfield (Lana); Livermont; Marty; May

Excused:
McPherson; Mills; Soli

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Bartels moved that the title to SB 49 be amended as follows:

On page 1, line 2, of the printed bill, delete "and" and insert ",".

On page 1, line 2, after "therefor" insert ", and to declare an emergency".

Which motion prevailed and the title was so amended.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1034: FOR AN ACT ENTITLED, An Act to require certain insurance companies to identify and locate beneficiaries on life policies and annuity contracts.

SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a division under the Department of Human Services.

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.

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.

And signed the same in the presence of the House.

HC 1012 Introduced by: Representatives Bartling and Qualm and Senator Sutton

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2017 Gregory High School Football team and the students and staff involved in the football program.

WHEREAS, the 2017 Gregory High School Football Team won the 9 AA High School Football Championship by the virtue of their outstanding character, teamwork, and dedication to the sport both on and off the field; and

WHEREAS, the program received superior coaching from head coach Brian Allmendinger and guidance from assistant coaches Mike Murray and John King; and

WHEREAS, the members of the Gregory High School Football Team for 2017 include: Evan Juracek, Jayd VanDerWerff, Reece Odenbach, Jon Bakke, Andy Mccance, Luke Murray, Grant Thomas, Caleb Stukel, Hunter Stas, Brady Petterson, Max Klundt, Jordan Vosika, Blake Boes, Jackson Eklund, Jace Robertson, Dylan Borszich, JJ Beck, Zane McMillen, Peyton Feyereisen, Michael Janis, Tyler Murray, Aaron Sundquist, Raven Songer, Isaac Barreto, Keith Fenenga, Quinton McMillen, Rhoss Oliver, Ethan Dargatz, Cade Fortuna, Ridge Oliver, Preston Glammeier, Garret Roeder, Bryan Eagle Star, Tommy Determan, Cenek Kasper, Dustin Frank, and Matt Sinclair; managers Kade Stukel, Luke Stukel, Trey Murray and Coy Determan; statisticians: Scott Anshutz, Andrew Hamilton and Brad Braun; cheerleaders Bailey Beck, Anne Stevicks, Lindsey Wenger, Mollie Schmidt, Aurora Galluzi, Shelby Zimmennan, Salma Serr, Keeley Klein, and Sarni Whitney; and cheer coach Lenna Braun; and

WHEREAS, the 2017 Gregory High School Football Team is recognized for their teamwork and incredible efforts, which led to a perfect 12-0 season and a victory in the State 9AA Football Championship against Irene-Wakonda with a score of 56-30:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Gregory High School Football Team be commended for their athletic excellence in the 2018 football season.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 4:44 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk