House of Representatives Journal 2/5/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 5, 2018

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

The prayer was offered by the Chaplain, Rev. Dan Bader, followed by the Pledge of Allegiance led by House pages Tori Rasmussen and Joanna Boll.

Roll Call: All members present except Reps. McPherson 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 sixteenth 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.

The oath of office was administered by Speaker Mickelson to the following named pages:

Abigail Arhart, Joanna Boll, Kamryn Brunner, Rowdy Fischbach, Emily Foiles, Lauren Hight, Miriam Knoble, Andrew Mairose, Audrey Quinn, Tori Rasmussen, Karlie Reagan, Haley Ringkob, Addison Stubbe, and Kassandra Tronvold.

Which was subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS

Rep. Johns introduced Rachel Schaefer of Elkton Elementary School, the South Dakota 2018 Teacher of the Year, and Carla Diede of Harrisburg South Middle School, the South Dakota 2017 Milkin Educator.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1286 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 1237 and 1239 and HJR 1005 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1254 and SB 74 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1136 and 1249 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 Judiciary respectfully reports that it has had under consideration
HB 1126 and returns the same with the recommendation that said bill be amended as follows:

1126wb

On page 2, line 22, of the printed bill, delete everything after "Each" and insert "physician, hospital, and clinic conducting an examination under § 22-22-26 shall coordinate with the".

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 1244 and returns the same with the recommendation that said bill be amended as follows:

1244aa

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

"Section 1. That § 32-12-45 be amended to read:

32-12-45. A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by any ~~person who enters or is in~~ active duty member of the United States armed forces, or held by a spouse or a dependent of any active duty military member serving outside this state, shall continue in full force and effect so long as the service continues and the person remains absent from this state, ~~and for~~ not to exceed ~~thirty~~ ninety days following the date on which the holder of ~~such~~ the license is honorably separated from such service or returns to this state, whichever is earlier, unless the license is sooner suspended, canceled, or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has military-issued identification, orders, discharge or separation papers~~, if discharged or separated from the service,~~ in the licensee's immediate possession. A license may also be renewed electronically or by mail pursuant to § 32-12-43.1. To renew the license by mail, the holder shall mail to the Department of Public Safety the appropriate fee pursuant to § 32-12-16, an affidavit signed by the holder which states that the holder is a member of the United States armed forces and is in good health, and an affidavit signed by a licensed optometrist or ophthalmologist that supplies proof that the holder has adequate eyesight. Any person renewing a permit or license under this section more than thirty days after the expiration date on the permit or license may be required to show military identification, orders, separation, or discharge papers.

Section 2. That § 32-12-45.1 be repealed.

32-12-45.1. A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by a dependent of a member of the United States armed forces shall expire and may be renewed as provided in § 32-12-42. However, the license may also be renewed during the renewal period by mail. To renew the license by mail, the dependent shall mail to the Department of Public Safety an affidavit signed by the dependent which states that the person is a dependent of a member of the United States armed forces and is of good health and an affidavit signed by a licensed optometrist or ophthalmologist that supplies proof that the dependent has adequate eyesight. "

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

Respectfully submitted,
Mike Stevens, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
HB 1221 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
HB 1215 and returns the same with the recommendation that said bill be amended as follows:

1215wa

On page 2 of the printed bill, line 14, delete everything after "(3)" and insert "The only school district in the county, and whose attendance center is at least twenty miles away from any other attendance center".

On page 2, delete line 15.

On page 2, line 16, delete everything before "." .

And that as so amended 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 1122, 1194, and 1198 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1236 and returns the same with the recommendation that said bill be amended as follows:

1236wa

On page 3, after line 18 of the printed bill, insert:

"Section 4. That chapter 32-3 be amended by adding a NEW SECTION to read:

Notwithstanding any other law, if an insurer is unable to obtain a certificate of title for a motor vehicle from the owner or lienholder within forty-five days of payment of a total loss claim on the motor vehicle, and is unable to surrender the certificate of title to the department as required pursuant to § 32-3-51.20, the department shall issue a salvage title or certificate of title for the motor vehicle to the insurer when the insurer provides to the department:

(1) Proof of payment for the motor vehicle to the registered owner; and

(2) Proof of payment in satisfaction of any lien that was previously perfected on the vehicle.

The department may promulgate rules, pursuant to chapter 1-26, to implement the provisions of this section.".

And that as so amended 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 1153 and 1223 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1009 and 1010 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1034 was delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 5, 2018.

Respectfully submitted,
G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1009 and 1010 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 31, 47, 76, 106, 151, and 156 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 11 and 12 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1001: A CONCURRENT RESOLUTION, Calling for statewide recognition of the brain drain currently taking place in South Dakota and urging state and local officials to take action to attract new residents to the state after they graduate.

Was read the second time.

Rep. Rasmussen moved that HCR 1001 as found on page 109 of the House Journal be adopted.

c1001ca

Rep. Heinemann moved that HCR 1001 as found on page 109 of the House Journal be amended as follows:

On page 1 of the printed resolution, delete lines 4 to 8, inclusive.

On page 2, line 5, delete everything after "Legislature" .

On page 2, delete lines 6 and 7.

On page 2, line 8, delete everything before "urges" .

Which motion lost.

The question being on Rep. Rasmussen's motion that HCR 1001 be adopted.

And the roll being called:

Yeas 51, Nays 17, Excused 2, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Bordeaux; Brunner; Campbell; Carson; Chase; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Holmes; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lesmeister; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Sue); Pischke; Rasmussen; Reed; Ring; Rounds; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Anderson; Beal; Clark; Dennert; Diedrich; Frye-Mueller; Heinemann; Howard; Hunhoff; Kaiser; Karr; Livermont; Peterson (Kent); Qualm; Rhoden; Rozum; Turbiville

Excused:
McPherson; Soli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted.

Rep. Sue Peterson moved that the Committee on Education be instructed to deliver
HB 1120 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

SCR 11: A CONCURRENT RESOLUTION, Expressing support for access to patient-centered and family focused advance care planning.

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

SCR 12: A CONCURRENT RESOLUTION, Urging the Environmental Protection Agency to update the Clean Air Act to allow mid-range ethanol blends in all standard automobiles.

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

Rep. Qualm moved that HB 1232 be referred from the Committee on Education to the House Committee on Appropriations.

Which motion prevailed.

Rep. Qualm moved that HCR 1007 be referred from the Committee on State Affairs to the Committee on Health and Human Services.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1140 as found on page 306 of the House Journal; and HB 1172 as found on page 307 of the House Journal; and HB 1176 as found on page 307 of the House Journal; and HB 1177 as found on page 307 of the House Journal; and HB 1196 as found on page 308 of the House Journal; also

Judiciary on HB 1139 as found on page 309 of the House Journal be adopted.

Which motion prevailed.

ANNOUNCEMENTS

The Speaker declared that HB 1144 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 31: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse health care professionals who have complied with the requirements for certain health care recruitment assistance programs and to declare an emergency.

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

SB 47: FOR AN ACT ENTITLED, An Act to authorize the completion of the sports performance enhancement facility arena and the outdoor track and soccer complex at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

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

SB 76: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter registration.

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

SB 106: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the placement of a foster child with a relative or close family friend.

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

SB 151: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of trailers at special events, and to declare an emergency.

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

SB 156: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding brand inspections.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Bordeaux requested that HB 1165 be removed from the Consent Calendar.

Which request was granted.

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding riparian buffer strips.

Was read the second time.

The question being “Shall HB 1119 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; Mills; 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; 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 1129: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
full-time equivalent positions.

Was read the second time.

The question being “Shall HB 1129 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McPherson; Soli

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

HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to fees charged for security freezes.

Was read the second time.

The question being “Shall HB 1127 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McPherson; Soli

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that HB 1043 be placed to precede HB 1074 on today's calendar.

Which motion prevailed.

HB 1043: FOR AN ACT ENTITLED, An Act to authorize the construction of a National Guard Readiness Center at the Rapid City Airport, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1043 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McPherson; Soli

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

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the creation of business improvement districts.

Was read the second time.

The question being “Shall HB 1074 pass?”

And the roll being called:

Yeas 58, Nays 10, Excused 2, Absent 0

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

Nays:
Campbell; Dennert; Frye-Mueller; Goodwin; Gosch; Howard; Kaiser; Karr; Livermont; Pischke

Excused:
McPherson; Soli

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

HB 1157: FOR AN ACT ENTITLED, An Act to authorize certain alcohol manufacturers and wholesalers to enter into sponsorship agreements with certain alcohol retail licensees.

Was read the second time.

1157xa

Rep. Steinhauer moved that HB 1157 be amended as follows:

On page 1, line 9, of the House Judiciary Committee engrossed bill, delete "No".

On page 1, delete lines 10 and 11.

Rep. Lust requested that Joint Rule 5-17 be invoked on the pending amendment on
HB 1157.

Rep. Rhoden rose to a point of order that Rep. Lust's motion to invoke Rule 5-17 is not debateable, and that Rep. Lust's remarks are out of order. Point of Order was sustained by the Speaker.

Rep. Kaiser requested that Joint Rule 5-17 be invoked on the pending amendment on
HB 1157.

Which request was supported and HB 1157 with Rep. Steinhauer's pending motion to amend was deferred until Wednesday, February 7, 2018, the 19^th legislative day.

HB 1070: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding alcoholic beverages.

Was read the second time.

The question being “Shall HB 1070 pass as amended?”

And the roll being called:

Yeas 63, Nays 5, Excused 2, 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); Hawley; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Willadsen; Wismer; Zikmund; Speaker Mickelson

Nays:
Brunner; Haugaard; Heinemann; Wiese; York

Excused:
McPherson; Soli

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

HB 1060: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to finance, design, and renovate the Dakota Dome at the University of South Dakota and to make an appropriation therefor.

Was read the second time.

The question being “Shall HB 1060 pass?”

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

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

Excused:
Beal; McPherson; Soli

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

HB 1061: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of two athletic and recreation fields and related structures at Northern State University, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1061 pass?”

And the roll being called:

Yeas 54, Nays 13, Excused 3, Absent 0

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

Nays:
Brunner; Campbell; DiSanto; Frye-Mueller; Goodwin; Haugaard; Howard; Livermont; Marty; May; Peterson (Sue); Pischke; Rasmussen

Excused:
Beal; McPherson; Soli

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

HB 1062: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase unimproved real property in Brown County, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1062 pass?”

And the roll being called:

Yeas 55, Nays 12, Excused 3, Absent 0

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

Nays:
Brunner; Campbell; Clark; Frye-Mueller; Goodwin; Haugaard; Howard; Jensen (Kevin); Livermont; Marty; May; Pischke

Excused:
Beal; McPherson; Soli

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

HB 1065: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the design, renovation of, and addition to, the National Music Museum in Vermillion and to make an appropriation therefor.

Was read the second time.

The question being “Shall HB 1065 pass?”

And the roll being called:

Yeas 51, Nays 17, Excused 2, Absent 0

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

Nays:
Brunner; Campbell; Clark; DiSanto; Frye-Mueller; Goodwin; Gosch; Haugaard; Howard; Jensen (Kevin); Kaiser; Latterell; Livermont; Marty; May; Pischke; Rhoden

Excused:
McPherson; Soli

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

HB 1071: FOR AN ACT ENTITLED, An Act to authorize the relocation of the School for the Blind and the Visually Impaired and the transfer of its existing real estate and facilities to Northern State University, to authorize actions necessary to accomplish that relocation and transfer, to protect the permanent endowment trust through exchanges of real estate and facilities, to appropriate funds, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1071 pass?”

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

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

Nays:
Campbell; Goodwin; Rounds

Excused:
McPherson; Soli

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

HB 1190: FOR AN ACT ENTITLED, An Act to revise the time period for which certain motor vehicle license plates are used.

Was read the second time.

1190xa

Rep. Clark moved that HB 1190 be amended as follows:

On page 1, line 6, of the printed bill, delete "ten-year" and insert "seven-year".

On page 1, line 14, delete "ten-year" and insert "seven-year".

Which motion lost.

The question being “Shall HB 1190 pass?”

And the roll being called:

Yeas 41, Nays 27, Excused 2, Absent 0

Yeas:
Anderson; Beal; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Howard; Hunhoff; Jensen (Kevin); Johnson; Kaiser; Karr; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Schaefer; Schoenfish; Steinhauer; Tulson; Wiese; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartels; Barthel; Bartling; Bordeaux; Carson; Chase; Diedrich; Duvall; Glanzer; Hawley; Holmes; Jamison; Johns; Kettwig; McCleerey; Otten (Herman); Peterson (Kent); Reed; Ring; Rounds; Rozum; Smith; Stevens; Turbiville; Willadsen; Wismer

Excused:
McPherson; Soli

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

HB 1205: 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 second time.

The question being “Shall HB 1205 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McPherson; 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.

1205cta

Rep. Heinemann moved that the title to HB 1205 be amended as follows:

On page 1, line 2, of the House Health and Human Services Committee engrossed bill, delete "medically compromised persons" and insert "persons with a serious medical condition".

Which motion prevailed and the title was so amended.

HB 1179: FOR AN ACT ENTITLED, An Act to provide for permanent daylight savings time.

Was read the second time.

The question being “Shall HB 1179 pass as amended?”

And the roll being called:

Yeas 34, Nays 34, Excused 2, Absent 0

Yeas:
Bartels; Barthel; Bordeaux; Brunner; Campbell; Carson; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Howard; Jamison; Jensen (Kevin); Kaiser; Kettwig; Latterell; Lesmeister; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Reed; Schaefer; Schoenfish; Tulson; Wiese; Wismer; York

Nays:
Ahlers; Anderson; Bartling; Beal; Chase; Clark; Conzet; Diedrich; Duvall; Gosch; Hawley; Heinemann; Holmes; Hunhoff; Johns; Johnson; Karr; Lake; Lust; McCleerey; Otten (Herman); Peterson (Kent); Rasmussen; Rhoden; Ring; Rounds; Rozum; Smith; Steinhauer; Stevens; Turbiville; Willadsen; Zikmund; Speaker Mickelson

Excused:
McPherson; Soli

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

HB 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding refunds of motor vehicle license fees.

Was read the second time.

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Rep. Qualm moved that HB 1195 be amended as follows:

On page 1 of the House Transportation Committee engrossed bill, delete lines 5 to 11, inclusive, and insert:

"32-5-24.The department ~~may~~ shall issue to the several county treasurers authorizations to refund to the lawful owner of any motor vehicle from current collections of motor vehicle license fees for overpayments or for any motor vehicle license fee paid in error, past or future, paid by the owner for any license plate fees. The refunds shall be paid out of the motor vehicle fees collected by the various county treasurers, and accounted for in accordance with the existing provisions of the motor vehicle licensing law. No refund may be made unless the registration and stickers are returned unused. Any application for refund shall be made within ~~one year~~ ninety days from the date the license fee was paid. ".

Which motion prevailed.

The question being “Shall HB 1195 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McPherson; Soli

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

HB 1186: FOR AN ACT ENTITLED, An Act to provide for a legislative review of the Board of Regents.

Was read the second time.

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Rep. Willadsen moved that HB 1186 be amended as follows:

On page 1, line 4, of the printed bill, delete "2018" and insert "2019".

Which motion prevailed.

The question being “Shall HB 1186 pass as amended?”

And the roll being called:

Yeas 25, Nays 43, Excused 2, Absent 0

Yeas:
Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Howard; Jensen (Kevin); Kaiser; Karr; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke; Rasmussen; Steinhauer; Wiese; Zikmund

Nays:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Carson; Chase; Conzet; Diedrich; Duvall; Glanzer; Hawley; Holmes; Hunhoff; Jamison; Johns; Johnson; Kettwig; Lake; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Stevens; Tulson; Turbiville; Willadsen; Wismer; York; Speaker Mickelson

Excused:
McPherson; Soli

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

HB 1213: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding telephone and telegraph corporations.

Was read the second time.

The question being “Shall HB 1213 pass?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, 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; Mills; 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

Nays:
Steinhauer; Speaker Mickelson

Excused:
McPherson; Soli

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 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 second time.

The question being “Shall SB 71 pass as amended?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

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

Nays:
Gosch; Kaiser

Excused:
McPherson; Soli

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

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the maximum number of apprentices in a salon.

HB 1064: FOR AN ACT ENTITLED, An Act to expand the options for the beneficial disposition or use of certain real estate located in Minnehaha County, to make certain appropriations, and to declare an emergency.

HB 1098: FOR AN ACT ENTITLED, An Act to make an appropriation from the water and environment fund and its revolving fund subfunds for various water and environmental purposes and to declare an emergency.

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

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding federal protections for National Guard members ordered to active duty.

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

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.

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

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.

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.

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.

SB 21: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

SB 26: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public grain buyers.

SB 32: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permitted improvements on school and public lands.

SB 52: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish a South Dakota State University building and to make an appropriation therefor.

SB 56: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

SB 60: FOR AN ACT ENTITLED, An Act to revise the administrative rule-making authority for the Department of Human Services.

SB 75: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the dispensing of biological products.

SB 88: FOR AN ACT ENTITLED, An Act to revise certain provisions in regarding disinterment permits.

And signed the same in the presence of the House.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:24 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk