House of Representatives Journal 2/7/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

NINETEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 7, 2018

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

The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by House pages Rowdy Fischbach and Karlie Reagan.

Roll Call: All members present except Reps. McPherson, Rozum, and Soli who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the eighteenth 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 State Affairs respectfully reports that it has had under consideration
HB 1282 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 1304 and returns the same with the recommendation that said bill be amended as follows:

1304oa

On page 3 of the printed bill, delete lines 9 to 12, 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 1289 and 1302 and HJR 1009 which were deferred to the 41^st Legislative Day.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1199, 1216, and 1277 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1201 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 10, of the printed bill, after ";" insert "and".

On page 1, line 14, delete "; and" and insert ".".

On page 2, delete lines 1 to 3, 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 1267 and 1274 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1155 and returns the same with the recommendation that said bill be amended as follows:

1155ca

On page 4, line 23, of the printed bill, delete "thirteen" and insert "fourteen".

On page 5, line 23, delete "and".

On page 6, line 1, delete "." insert "; and".

On page 6, between lines 1 and 2, insert:

"(14) A representative from the Department of Education.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1242 which was 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 1185 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 1146 and returns the same with the recommendation that said bill be amended as follows:

1146wa

On page 1, line 12, of the printed bill, after "." insert "Nothing in this section may be construed to permit a licensed carrier to violate any other provision under this title.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1220 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1009, 1010, 1027, 1064, and 1098 were delivered to his Excellency, the Governor, for his approval at
10:30 a.m., February 7, 2018.

Respectfully submitted,
G. Mark Mickelson, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1066 and 1117 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 1066 and 1117 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1004 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 70, 110, 140, 164, 165, and 167 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 7 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

SCR 14: A CONCURRENT RESOLUTION, Encouraging Congress and the Federal Motor Carrier Safety Administration to overturn the rules regarding electronic logging devices.

Was read the second time.

Rep. Bartling moved that SCR 14 as found on page 348 of the Senate Journal be concurred in.

The question being on Rep. Bartling's motion that SCR 14 be concurred in.

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

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

Nays:
Duvall; Johnson; Rasmussen

Excused:
McPherson; Rozum; Soli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 14 was concurred in.

HCR 1010 Introduced by: Representatives Lesmeister, 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, Livermont, Lust, Marty, May, McCleerey, Mickelson, 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, and Zikmund and Senators Nelson, Bolin, Cammack, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg

A CONCURRENT RESOLUTION, Recognizing and honoring William Melvin "Billy" Mills, also known as Makata Taka Hela, for his unselfish and loyal contributions to the State of South Dakota and to his country.

WHEREAS, Billy Mills was born June 30, 1938, in Pine Ridge, South Dakota, where he was raised on the Pine Ridge Indian Reservation for the Oglala Sioux Tribe, and Billy Mills turned to running at a young age after being orphaned at the age of twelve; and

WHEREAS, after being orphaned, he was sent to the Haskell Indian School in Lawrence, Kansas, and went on to run track at the University of Kansas in the late 1950s on a full athletic scholarship, becoming a three-time NCAA All-America cross-country runner. The University of Kansas track team won the 1959 and 1960 outdoor national championships. Billy Mills eventually went on to graduate with a B.S. in Physical Education; and

WHEREAS, after graduating from the University of Kansas, Billy Mills was commissioned as an officer in the United States Marine Corps where he served and led our nation's finest as

a Marine First Lieutenant. While stationed at Marine Corps Base Camp Pendleton in California, First Lieutenant Mills ran up to 100 miles a week, eventually winning the inter-service 10,000-meter race in Germany, while continuing to lead from the front as a Marine officer. First Lieutenant Mills recorded a time of 30.08 in the 10,000 meters, with a time of 4:08 in the mile; and

WHEREAS, Billy Mills remained undaunted after not qualifying for the 1960 Olympics and went to the Olympic Trials in 1964, where he finished second with a time almost a minute slower than other qualifiers. Even though he made the Olympic team, he was viewed as an underdog; and

WHEREAS, Billy Mills later went to Tokyo, Japan, to compete in the 10,000 meters. Until that point, no American had ever won the 10,000-meter race in the Olympics. Even though he was written out before the race, Billy Mills went on to outlast Australia's Ron Clarke and Tunisian Mohamed Gammoudi. Billy Mills took the lead within the last 300 yards, pushing past Gammoudi and securing the win by a three-yard separation. He finished with a time of 28:24.4, a new Olympic record, 46 seconds better than his previous best time; and

WHEREAS, after his successful debut in the Olympics, Billy Mills continued to show his passion for running. He went on to set a world record in the six-mile run in 1965. During this time, he continued to serve our country as a Marine. He went on to work for the Department of the Interior; and

WHEREAS, he later went on to be the national spokesman of Running Strong for American Indian Youth, a non-profit organization that aims to help American Indian people meet their immediate survival needs of food, water, and shelter, while implementing and supporting programs designed to create opportunities for self-sufficiency and self-esteem. Through Running Strong, Billy Mills visits American Indian communities throughout the United States and speaks to youth about healthy lifestyles and taking pride in their heritage; and

WHEREAS, throughout his lifetime, Billy Mills has received many honors for his contributions to his sport, Native American people, and his country. In 1984, he was inducted into the United States Olympic Hall of Fame. In 2012, he was awarded the Presidential Citizens Medal from President Barack Obama for his work with the Running Strong for American Indian Youth Organization. In 2014, he was awarded the NCAA's highest honor, the Theodore Roosevelt Award. His story went on to be depicted in the 1983 movie, Running Brave:

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 does hereby commend and honor the accomplishments and patriotism of Billy Mills. For his contributions to not only the state, but the entirety of the United States of America, as Billy Mills himself has said, "Every passion has its destiny."

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

SCR 7: A CONCURRENT RESOLUTION, Supporting the State of Israel.

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

Rep. Rounds requested a fiscal note on HB 1158.

Which request was supported.

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m., on Thursday, February 8, 2018, the 20^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on HB 1184 as found on page 353 of the House Journal; also

Transportation on HB 1173 as found on page 354 of the House Journal be adopted.

Which motion prevailed.

ANNOUNCEMENTS

The Speaker declared that HB 1218 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 70: FOR AN ACT ENTITLED, An Act to define the term, serve, for the purposes of regulating the sale and use of alcoholic beverages.

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

SB 110: FOR AN ACT ENTITLED, An Act to establish certain findings pertaining to pre-abortion counseling practices by abortion providers in South Dakota and to amend provisions regarding mandatory third-party pre-abortion counseling.

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

SB 140: FOR AN ACT ENTITLED, An Act to revise provisions regarding an objection to a custody or visitation order.

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

SB 164: FOR AN ACT ENTITLED, An Act to prohibit certain instances of inserting a catheter without consent of the patient.

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

SB 165: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody and visitation and the enforcement of those provisions.

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

SB 167: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consideration of joint physical custody of a minor.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1244: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the renewal of driver licenses by a member of the armed forces and their families.

Was read the second time.

The question being “Shall HB 1244 pass as amended?”

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; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
McPherson; Rozum; Soli

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

HB 1215: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding reorganization of certain school districts with low enrollment.

Was read the second time.

The question being “Shall HB 1215 pass as amended?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
McPherson; Rozum; Soli

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

HB 1236: FOR AN ACT ENTITLED, An Act to provide for the acquisition of certain motor vehicle titles by auction agencies in certain circumstances.

Was read the second time.

The question being “Shall HB 1236 pass as amended?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
McPherson; Rozum; Soli

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that HB 1139 be deferred to Thursday, February 8, 2018, the 20^th legislative day.

Which motion prevailed.

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.

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

1157xa

Rep. Steinhauer moved as a substitute motion 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.

The question now being on Rep. Steinhauer's substitute motion to amend HB 1157.

Which motion prevailed.

The question being “Shall HB 1157 pass as amended?”

And the roll being called:

Yeas 40, Nays 27, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Bordeaux; Brunner; Chase; Clark; Conzet; Dennert; Diedrich; Duvall; Gosch; Hawley; Holmes; Hunhoff; Jamison; Johns; Kaiser; Karr; Kettwig; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Reed; Ring; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Beal; Campbell; Carson; DiSanto; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Heinemann; Howard; Jensen (Kevin); Johnson; Lake; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Schaefer; Tulson; Willadsen

Excused:
McPherson; Rozum; Soli

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

There being no objection, the House reverted to Order of Business No. 5 - Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1230 and 1252 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 1269 and returns the same with the recommendation that said bill be amended as follows:

1269ka

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

"Section 1. That § 25-5A-4 be amended to read:

25-5A-4. No petition may be filed ~~under~~ pursuant to this chapter ~~prior to five days~~ until twenty-four hours after the birth of the child.

Section 2. That § 25-6-4 be amended to read:

25-6-4. No child may be adopted without the consent of the child's parents. However, if it is in the best interest of the child, the court may waive consent from a parent or putative father who:

(1) Has been convicted of any crime punishable by imprisonment in the penitentiary for a period that, in the opinion of the court, will deprive the child of the parent's companionship for a critical period of time;

(2) Has, by clear and convincing evidence, abandoned the child for six months or more immediately prior to the filing of the petition;

(3) Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection;

(4) Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care necessary for the child's health, morals, or welfare or has neglected to pay for such subsistence, education, or other care if legal custody of the child is lodged with others and such payment ordered by the court;

(5) Is unfit by reason of habitual abuse of intoxicating liquor or narcotic drugs;

(6) Has been judicially deprived of the custody of the child, if the adjudication is final on appeal to the court of last resort or the time for an appeal has expired;

(6A) Has caused the child to be conceived as a result of rape or incest; or

(7) Does not appear personally or by counsel at the hearing to terminate parental rights after notice pursuant to §§ 25-5A-11 and 25-5A-12 which was received at least ~~thirty~~ five days prior to the hearing. "

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 1278 and returns the same with the recommendation that said bill be amended as follows:

1278ja

On page 1, line 9, of the printed bill, overstrike "an Indian" and insert "a person".

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 1059, 1124, 1222, and 1229 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair

There being no objection, the House proceeded to Order of Business No. 13 - Second Reading of House Bills and Resolutions.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the circulation of a petition for an initiated measure.

Was read the second time.

The question being “Shall HB 1177 pass as amended?”

And the roll being called:

Yeas 56, Nays 11, Excused 3, Absent 0

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

Nays:
Ahlers; Bartling; Bordeaux; Hawley; Lesmeister; McCleerey; Ring; Schoenfish; Smith; Wismer; York

Excused:
McPherson; Rozum; Soli

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

Speaker Pro tempore Haugaard now presiding.

HB 1196: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding verification of residency of petition circulators.

Was read the second time.

1196wb

Rep. Mickelson moved that HB 1196 be amended as follows:

On page 8, line 21, of the House State Affairs Committee engrossed bill, delete "contributing to" and insert "performing any work for".

On page 8, line 22, delete "not less than ten" and insert "four".

On page 8, line 23, after "." insert "Any violation of the provisions of this section shall also result in a civil penalty of up to twenty-five thousand dollars to be deposited into the state general fund.".

Rep. Latterell rose to a point of order that Rep. York's comments were to the bill and not the amendment. The Speaker sustained the point of order.

Which motion prevailed.

The question being “Shall HB 1196 pass as amended?”

And the roll being called:

Yeas 40, Nays 27, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Campbell; Carson; Chase; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haugaard; Heinemann; Holmes; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Latterell; Livermont; Marty; May; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Schaefer; Steinhauer; Tulson; Wiese; Willadsen; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Brunner; Conzet; Diedrich; Duvall; Goodwin; Hawley; Howard; Hunhoff; Jamison; Karr; Lake; Lesmeister; Lust; McCleerey; Mills; Rhoden; Ring; Rounds; Schoenfish; Smith; Stevens; Turbiville; Wismer; York

Excused:
McPherson; Rozum; Soli

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

Speaker Mickelson now presiding.

HB 1120: FOR AN ACT ENTITLED, An Act to provide equal access for all students to activities sponsored by the South Dakota High School Activities Association or school districts.

Was read the second time.

1120jb

Rep. Sue Peterson moved that HB 1120 be amended as follows:

On page 1, line 7, of the printed bill, delete "and".

On page 1, line 8, delete everything before "." .

On page 2, line 2, delete "in any activity".

Rep. Kettwig requested that Joint Rule 5-17 be invoked on the pending amendment on
HB 1120.

Which request was supported and HB 1120 with Rep. Sue Peterson's pending motion to amend was deferred until Monday, February 12, 2018, the 21^st legislative day.

HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding conditional bonds in domestic abuse actions.

Was read the second time.

The question being “Shall HB 1254 pass?”

And the roll being called:

Yeas 53, Nays 13, Excused 4, Absent 0

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

Nays:
Dennert; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Howard; Kaiser; Latterell; Livermont; May; Peterson (Sue); Pischke; Rasmussen

Excused:
DiSanto; McPherson; Rozum; Soli

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

HB 1221: FOR AN ACT ENTITLED, An Act to expand the partners in education tax credit program to include tribally controlled schools on a federally recognized Indian reservation.

Was read the second time.

The question being “Shall HB 1221 pass?”

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

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

Nays:
Anderson; Chase; Hunhoff; Willadsen; Wismer

Excused:
McPherson; Rozum; Soli

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

Rep. Qualm moved that HB 1126 be deferred to Monday, February 12, 2018, the
21^st legislative day.

Which motion prevailed.

HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of night vision equipment in hunting.

Was read the second time.

The question being “Shall HB 1219 pass?”

And the roll being called:

Yeas 46, Nays 21, Excused 3, Absent 0

Yeas:
Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Kaiser; Karr; Lake; Latterell; Lesmeister; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Schaefer; Schoenfish; Steinhauer; Tulson; Wiese; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Anderson; Carson; Diedrich; Glanzer; Hawley; Hunhoff; Johnson; Kettwig; Lust; McCleerey; Otten (Herman); Peterson (Kent); Reed; Ring; Rounds; Smith; Stevens; Turbiville; Willadsen; Wismer

Excused:
McPherson; Rozum; Soli

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

HB 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning property tax collections, delinquent property taxes, tax certificates, and tax deeds.

Was read the second time.

1147ka

Rep. Herman Otten moved that HB 1147 be amended as follows:

On page 5 of the printed bill, delete lines 10 to 17, inclusive.

Which motion prevailed.

The question being “Shall HB 1147 pass as amended?”

And the roll being called:

Yeas 57, Nays 10, Excused 3, Absent 0

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

Nays:
Chase; Dennert; Frye-Mueller; Gosch; Jensen (Kevin); Kaiser; Karr; Latterell; Peterson (Sue); Stevens

Excused:
McPherson; Rozum; Soli

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

HB 1154: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal lease-purchase agreements.

Was read the second time.

1154fa

Rep. Rounds moved that HB 1154 be amended as follows:

On page 1, line 6, of the printed bill, remove the overstrikes from "~~ten~~" and insert "years for equipment and twenty years for an improvement to real property".

On page 1, line 7, delete "twenty".

Which motion prevailed.

The question being “Shall HB 1154 pass as amended?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
McPherson; Rozum; Soli

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

Rep. Qualm moved that the balance of the calendar including HB 1286 and SB 31, 47, 74, 25, 50, 51, 53, and 54 be deferred to Thursday, February 8, 2018, the 20th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of vehicle license plates and stickers.

HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of historical motor vehicles.

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.

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.

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

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.

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

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.

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.

HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application of the intrastate exemption for certain commercial vehicles from the federal motor carrier regulations.

HB 1026: FOR AN ACT ENTITLED, An Act to revise certain educational requirements pertaining to the practice of cosmetology.

HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the medical support obligations to a child.

HB 1039: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary provisions regarding certain child support obligations and medical services to the indigent.

HB 1063: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Sioux Falls research park.

HB 1080: FOR AN ACT ENTITLED, An Act to revise certain requirements to qualify for emblem specialty plates for motor vehicles.

HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use and display of the great seal of South Dakota.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1013 Introduced by: Representatives Schoenfish, Barthel, Bartling, Dennert, Diedrich, Duvall, Frye-Mueller, Glanzer, Gosch, Greenfield (Lana), Heinemann, Holmes, Hunhoff, Jamison, Jensen (Kevin), Johnson, Karr, McCleerey, Otten (Herman), Peterson (Kent), Qualm, Reed, Smith, Steinhauer, Stevens, Tulson, and Willadsen and Senators Nelson, Bolin, Kennedy, Solano, Sutton, Tapio, and Youngberg

A LEGISLATIVE COMMEMORATION, Celebrating and honoring Tabor's Annual Czech Days festivities on the occasion of its seventieth anniversary on June 14-16, 2018.

WHEREAS, Czech immigrants have enriched the culture of South Dakota with their exceptional and traditional achievements in music, literature, and art, and are known for their love of agriculture, mechanical arts, and democracy, which they strive to preserve for future generations; and

WHEREAS, this year's Czech Days Royalty are Queen Eylssa Walloch, Princess Reese Hejna, and Prince Brock Kotalik; and

WHEREAS, Czech Days offers a variety of exhibits, attractions, events, and entertainment, including the Czech Heritage Museum; Blachnik Museum; St. Wenceslaus Catholic Church; programs for adults and children in Sokol Park; live Czech music in Beseda Hall; a variety of Czech foods, including kolaches; kolache baking demonstrations; adult and youth parades; a craft fair; a pedal tractor pull; a Tabor Bluebird baseball game; and the Rich Schild Memorial Fireworks Display to start the celebration on the evening of June 14^th:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-third Legislature of the State of South Dakota, that the Legislature recognizes all South Dakotans of Czech ancestry and invites everyone to participate in the seventieth Tabor Czech Days celebration on June 14-16, 2018.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:51 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk