JOURNAL OF THE HOUSE

NINETY-THIRD SESSION




SIXTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 2, 2018

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

    The prayer was offered by the Chaplain, Fr. Joseph Holzhauser, followed by the Pledge of Allegiance led by House pages Eda Uzunlar and Leah Waid.

    Roll Call: All members present except Reps. Bordeaux, McPherson, Sue Peterson, 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 fifteenth 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 House Committee on Appropriations respectfully reports that it has had under consideration HB 1129 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1135 and 1207 which were deferred to the 41st Legislative Day.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1186 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1140 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 6, of the printed bill, after "waters" insert "embracing an area of not less than forty acres that are".

    On page 2, line 5, after "waters" insert "embracing an area of not less than forty acres that are".

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1172 and returns the same with the recommendation that said bill be amended as follows:

1172oa

    On page 3 of the printed bill, delete lines 3 to 6, inclusive.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1176 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1 of the printed bill, line 14, delete everything after "."

    On page 1, line 15, delete everything before "A" .

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1177 and returns the same with the recommendation that said bill be amended as follows:

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    On page 2, line 2 of the printed bill, delete "residential address,".

    On page 2, line 3, delete "residential address,".

    On page 3, line 3, delete "residential address,".

    On page 3, line 4, delete "residential address,".

    On page 4, line 9, delete "residential address,".

    On page 4, line 10, delete "residential address,".

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1196 and returns the same with the recommendation that said bill be amended as follows:

1196wa

    On page 8, line 11, after "." Insert "Failure to substantially comply with the provisions of this section shall disqualify the measure from the ballot.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1211 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1127 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 Commerce and Energy respectfully reports that it has had under consideration HB 1210 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair


Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration
HCR 1001 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration
HB 1165 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 Education respectfully reports that it has had under consideration
HB 1120 and 1197 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration
HB 1139 and returns the same with the recommendation that said bill be amended as follows:

1139ka

    On page 4, after line 16 of the printed bill, insert:

    "Section 3. That chapter 15-3 be amended by adding a NEW SECTION to read:

    No agreement, judicial determination, or notice of adverse possession shall affect existing utility lines.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration
HB 1073, 1138, 1149, and 1243 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1027, 1064, and 1098 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1003, 1006, 1011, 1013, 1015, 1019, 1020, 1021, 1030, 1035, 1037, 1040, 1041, 1046, 1047, and 1069 were delivered to his Excellency, the Governor, for his approval at 10:30 a.m., February 2, 2018.

Respectfully submitted,
G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HCR 1003 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1027, 1064, and 1098 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 8 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 84, 114, 119, 126, 139, and 147 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 2 Introduced by: Representatives 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; McPherson; Mickelson; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Ninety-third Legislature of the State of South Dakota to Jessica Benson, Samantha Gortmaker, Morgan Graham, Wyatt Jorgensen, Carter Lane, Parker Rieffenberger, Matthew Rounds, Ashlyn Simons, Mark Smith, Katie Tieman, Eda Uzunlar, Leah Waid, and Grace Wolff.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Ninety-third Legislative Session; and

    WHEREAS, the members of the Ninety-third House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:
                                        
    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-third Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Rep. DiSanto moved that House Page Resolution 2 be adopted.

    Which motion prevailed and the resolution was adopted.

    HCR 1008: A CONCURRENT RESOLUTION, that tobacco, alcohol, and other drug marketing have no place in the lives of the children of the state.

    Was read the second time.

    Rep. Kevin Jensen moved that HCR 1008 as found on page 280 of the House Journal be adopted.

    The question being on Rep. Jensen's motion that HCR 1008 be adopted.


    And the roll being called:

    Yeas 65, Nays 1, Excused 4, Absent 0

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

    Nays:
Gosch

    Excused:
Bordeaux; McPherson; Peterson (Sue); Soli

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was adopted.

    HCR 1004: A CONCURRENT RESOLUTION, Urging the Governor to fuel the state fleet with premium E-30 fuel.

    Was read the second time.

    Rep. Bartling moved that HCR 1004 as found on page 145 of the House Journal be adopted.

    The question being on Rep. Bartling's motion that HCR 1004 be adopted.

    And the roll being called:

    Yeas 56, Nays 10, Excused 4, Absent 0

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

    Nays:
Conzet; Duvall; Haugaard; Jensen (Kevin); Karr; Latterell; Livermont; Marty; May; Rozum


    Excused:
Bordeaux; McPherson; Peterson (Sue); Soli

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

    SCR 8: A CONCURRENT RESOLUTION, Requesting federal natural resource agencies to refrain from designating wilderness areas in South Dakota without approval of the Legislature.

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

    Rep. Qualm moved that HB 1294 be referred from the Committee on State Affairs to the Committee on Taxation.

    Which motion prevailed.

    Rep. Qualm moved that HB 1308 be referred from the Committee on State Affairs to the Committee on Taxation.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on HB 1205 as found on page 272 of the House Journal; also

    Joint Committee on Appropriations on HB 1043 as found on page 274 of the House Journal; also

    Local Government on HB 1119 as found on page 275 of the House Journal; also

    Transportation on HB 1179 as found on page 276 and HB 1195 as found on page 276 of the House Journal be adopted.

    Which motion prevailed.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1317 Introduced by: The Committee on Appropriations

    FOR AN ACT ENTITLED, An Act to authorize the Joint Committee on Appropriations to request program evaluations.

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

    HB 1318 Introduced by: The Committee on Appropriations

    FOR AN ACT ENTITLED, An Act to authorize the South Dakota Health and Educational Facilities Authority to transfer or grant excess reserves to any South Dakota governmental entity and to declare an emergency.

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

    HB 1319 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to adopt the Interstate Compact for the Temporary Licensure of Professionals.

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

    The Speaker declared that HB 1182 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

    The Speaker declared that HCR 1009 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 84: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records.

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

    SB 114: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal and storage of abandoned vehicles.



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

    SB 119: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the furnishing of fraudulent disability documentation when renting accommodations.

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

    SB 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal annual reports.

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

    SB 139: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

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

    SB 147: FOR AN ACT ENTITLED, An Act to authorize local governing bodies to establish the per diem rate for housing and development commissions.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Frye-Mueller requested that HB 1074 be removed from the Consent Calendar.

    Which request was granted.

    There being no objection, the Speaker removed SB 71 from the Consent Calendar.

    HB 1083: FOR AN ACT ENTITLED, An Act to reduce certain fees for enhanced permits to carry a concealed pistol.

    Was read the second time.

    The question being “Shall HB 1083 pass as amended?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0



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

    Excused:
Bordeaux; McPherson; Peterson (Sue); 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 1085: FOR AN ACT ENTITLED, An Act to adopt the Uniform Unsworn Domestic Declarations Act.

    Was read the second time.

    The question being “Shall HB 1085 pass as amended?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    Excused:
Bordeaux; McPherson; Peterson (Sue); 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 1214: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Conservation Commission and conservation districts.

    Was read the second time.


    The question being “Shall HB 1214 pass?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    Excused:
Bordeaux; McPherson; Peterson (Sue); 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 1217: FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting of mourning doves on certain property.

    Was read the second time.

    The question being “Shall HB 1217 pass?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    Excused:
Bordeaux; McPherson; Peterson (Sue); 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 35: FOR AN ACT ENTITLED, An Act to revise the classification of juvenile corrections agents in the South Dakota Retirement System and to revise certain terminology regarding correctional staff.

    Was read the second time.

    The question being “Shall SB 35 pass?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    Excused:
Bordeaux; McPherson; Peterson (Sue); 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 36: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Retirement System.

    Was read the second time.

    The question being “Shall SB 36 pass?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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


    Excused:
Bordeaux; McPherson; Peterson (Sue); 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 37: FOR AN ACT ENTITLED, An Act to revise the automatic enrollment provisions of the deferred compensation plan of the South Dakota Retirement System.

    Was read the second time.

    The question being “Shall SB 37 pass?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    Excused:
Bordeaux; McPherson; Peterson (Sue); 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 38: FOR AN ACT ENTITLED, An Act to revise the process for establishing the compensation of the executive director of the South Dakota Retirement System.

    Was read the second time.

    The question being “Shall SB 38 pass as amended?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0


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

    Excused:
Bordeaux; McPherson; Peterson (Sue); 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 30: FOR AN ACT ENTITLED, An Act to provide for the regulation of microblading by municipalities.

    Was read the second time.

    The question being “Shall SB 30 pass as amended?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    Excused:
Bordeaux; McPherson; Peterson (Sue); 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

    HB 1123: FOR AN ACT ENTITLED, An Act to prohibit certain persons suffering from a severe mental illness from receiving capital punishment.



    Was read the second time.

1123jb

    Rep. Johns moved that HB 1123 be amended as follows:

    On page 1, line 6, of the House State Affairs Committee engrossed bill, overstrike "mentally retarded" and insert "intellectually disabled".

    On page 1, line 7, overstrike "mental retardation" and insert "intellectual disability".

    On page 1, line 11, overstrike "mental" and insert "intellectual disability".

    On page 1, line 12, overstrike "retardation".

    On page 2, line 7, overstrike "prior to" and insert "before".

    On page 2, line 8, overstrike "mentally retarded" and insert "intellectually disabled".

    On page 2, line 10, delete "a mental retardation or" and insert "a mental retardation an intellectual disability or a".

    On page 2, line 12, overstrike "mentally retarded," and insert "intellectually disabled".

    On page 2, line 14, overstrike "mentally retarded" and insert "intellectually disabled".

    On page 2, line 15, overstrike "mentally retarded" and insert "intellectually disabled".

    On page 2, line 18, delete "mental retardation or" and insert "mental retardation an intellectual disability or a".

    On page 2, line 19, delete "mental retardation or" and insert "mental retardation an intellectual disability or a".

    On page 3, line 1, overstrike "without parole".

    On page 3, line 4, overstrike "mentally retarded" and insert "intellectually disabled".

    On page 3, line 8, overstrike "mentally retarded" and insert "intellectually disabled".

    On page 3, line 22, overstrike "mentally retarded" and insert "intellectually disabled".

    On page 4, line 3, delete "mental retardation" and insert "intellectual disability".

    Which motion prevailed.


1123xa    

    Rep. Johns moved that HB 1123 be amended as follows:

    On page 1, line 9, of the House State Affairs Committee engrossed bill, after "committed" insert "and whose severe mental illness manifested itself and was documented prior to the commission of the offense".

    Which motion prevailed.

    The question being “Shall HB 1123 pass as amended?”

    And the roll being called:

    Yeas 45, Nays 20, Excused 5, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Carson; Chase; Clark; Conzet; Dennert; Diedrich; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Kaiser; Lesmeister; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Pischke; Reed; Ring; Rozum; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

    Nays:
Brunner; Campbell; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Howard; Jensen (Kevin); Johnson; Karr; Kettwig; Latterell; Livermont; Qualm; Rasmussen; Rhoden; Rounds; Schaefer; Speaker Mickelson

    Excused:
Bordeaux; Lake; McPherson; Peterson (Sue); 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.

    Rep. Qualm moved that the balance of the calendar including HB 1157, 1070, 1060, 1061, 1062, 1065, 1071, and 1190 be deferred to Monday, February 5, 2018, the 17th legislative day.

    Which motion prevailed.

    There being no objection, the House reverted to Order of Business No. 8 - Motions and Resolutions.

    Rep. Anderson moved that HB 1317 and 1318 be referred from the Joint Committee on Appropriations to the House Committee on Appropriations.


    Which motion prevailed.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:11 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk