JOURNAL OF THE HOUSE

NINETY-THIRD SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 12, 2018

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

    The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by House pages Abigail Arhart and Audrey Quinn.

    Roll Call: All members present except Reps. Campbell, Lesmeister, 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 twentieth 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.
COMMUNICATIONS AND PETITIONS

February 8, 2018

Mr. Speaker and Members of the House of Representatives:

    I have the honor to inform you that on February 8, 2018, I approved House Bills 1009, 1010, 1027, 1034, 1064, and 1098, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration
HB 1114 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 1253 and 1256 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1255 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 1007, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1007oa

    On page 2, line 15, of the printed bill, delete "not to exceed three hundred words".

1007wa

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

    "Section 1. That chapter 2-1 be amended by adding a NEW SECTION to read:

    No initiated measure may embrace more than one subject, which shall be expressed in the title. If more than one initiated measure is submitted at the same election each shall be so prepared and distinguished that it can be voted upon separately."

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    On page 1 of the printed bill, line 1, delete everything after "Act to" and insert "require any initiated measure to embrace only one subject.".

    On page 1, delete lines 2 and 3.

    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 1248 and returns the same with the recommendation that said bill be amended as follows:

1248ka

    On page 3, line 11, of the printed bill, after "accept" insert "or reject".

    On page 3, line 16, after "accept" insert "or reject".

1248oa

    On page 4, line 10, of the printed bill, delete "present" and insert "presented".

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1003 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration
HB 1271 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration
HB 1280 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 Judiciary respectfully reports that it has had under consideration
HB 1109 and returns the same with the recommendation that said bill be amended as follows:

1109oa

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

    "Section 1. That the code be amended by adding a NEW SECTION to read:

    Notwithstanding any contrary provision in chapter 24-13, 24-15, or 24-15A, an inmate who:
            (1)    Has a terminal illness;
            (2)    Is seriously ill and not likely to recover;
            (3)    Requires extensive medical care or significant chronic medical care;
            (4)    Is at least sixty-five years of age, has served at least ten consecutive years of the inmate's sentence incarcerated, whose current sentences are for convictions of a Class 1 felony or below and whose medical care needs exceed the average need and cost of the inmate population; or
            (5)    Is at least seventy years of age and has served at least thirty consecutive years of the inmate's sentence incarcerated and is not serving a capital punishment sentence;
    is eligible for compassionate parole consideration.

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

    The secretary of corrections may consider referrals for compassionate parole consideration from the inmate's health care provider or the warden. If the secretary determines the inmate meets the criteria for compassionate parole consideration as set forth in section 1 of this Act, the secretary may refer the inmate for a compassionate parole hearing. The executive director of the Board of Pardons and Paroles shall schedule a discretionary, compassionate parole hearing with the board within three months of receipt of the referral.

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

    The Board of Pardons and Paroles shall consider the following factors in determining the grant or denial of a compassionate parole:
            (1)    The inmate's assessed risk level;
            (2)    The inmate's conduct in prison;
            (3)    The inmate's conduct while on extended confinement, if applicable;
            (4)    Sentence served and sentence remaining;
            (5)    Offense and chronicity of criminal behavior;
            (6)    Prognosis and incapacitation level;
            (7)    The inmate's compliance with medical care ordered by a health care provider;
            (8)    Release plan including provisions for medical care;
            (9)    Input, if any, of the sentencing judge, the prosecuting attorney, and the victim;
            (10)    If the care and supervision that the inmate requires and is anticipated to require can be provided in a more medically appropriate or cost effective manner than the Department of Corrections; and
            (11)    Allowing a geriatric or terminally ill person to live at a location outside of prison prior to death.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    An inmate may not be released on compassionate parole if the inmate meets the eligibility requirements of a medically indigent person under the provisions of chapter 28-13. In order to be released on compassionate parole, the inmate's release plan shall effectively address arrangements for medical care, which may include Medicare, Medicaid, Indian Health Services, veteran's assistance, private insurance, or self-pay arrangements.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    The board may grant or deny a compassionate parole. If denied the board shall set the date for the next consideration of compassionate parole not to exceed one year. The board may elect to review the inmate sooner than one year. If the inmate no longer meets the criteria for compassionate parole as set forth in section 1 of this Act, the inmate's health care provider or the warden shall notify the secretary of corrections. The secretary may remove the inmate from compassionate parole consideration. An inmate removed from compassionate parole consideration is subject to applicable parole provisions under chapters 24-13, 24-15, and 24-15A notwithstanding the provisions of this Act or a pending compassionate parole hearing. If an inmate is released on compassionate parole and is compliant with the terms of the inmate's

supervision, no longer meeting the criteria for compassionate parole does not constitute grounds for parole revocation.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    An inmate is ineligible for compassionate parole once the inmate reaches the parole eligibility date pursuant to § 24-15-5 or the inmate's initial parole date pursuant to § 24-15A-32. However, if the inmate continues to meet the criteria for compassionate parole consideration as outlined in section 1 of this Act the factors listed in section 3 of this Act shall be considered in any subsequent discretionary parole release decision.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    An inmate granted compassionate parole is subject to the provisions of chapters 24-13, 24-15, and 24-15A, including the provisions related to supervision, early final discharge, and revocation of
parole, so far as those provisions are consistent with this Act.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    Nothing in this Act or its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest in any prisoner. An inmate is not entitled to compassionate parole or to be considered for compassionate parole. Compassionate parole may be recommended by the secretary and granted by the board if, in the judgement of the secretary and the board, the inmate meets the eligibility criteria for compassionate parole pursuant to section 1 of this Act and a compassionate parole release is unlikely to pose a detriment to the offender, victim, or community. The decision of the board regarding a compassionate parole is final.

    Section 9. That the code be amended by adding a NEW SECTION to read:

    Nothing in this Act or its application impacts the ability of the warden and the secretary of corrections to place an inmate on extended confinement pursuant §§ 24-2-25 and 24-2-27 or to place the inmate on extended confinement pending compassionate parole consideration.

    Section 10. That the code be amended by adding a NEW SECTION to read:

    Pursuant to chapter 1-26, the board may promulgate procedural rules for the effective enforcement of this Act and for the exercise of the powers and duties conferred upon it.

    Section 11. That § 24-15-4 be amended to read:

    24-15-4. No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons and Paroles except as provided in this Act.

    Section 12. That § 24-15A-32 be amended to read:

    24-15A-32. Each inmate sentenced to a penitentiary term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1, shall have an initial parole date set by the department. This date shall be calculated by applying the percentage indicated in the following grid to the full term of the inmate's sentence pursuant to § 22-6-1. The following crimes or an attempt to commit, or a conspiracy to commit, or a solicitation to commit, any of the following crimes shall be considered a violent crime for purposes of setting an initial parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, or burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in §§ 22-22-7 and 22-22-19.1, child abuse, felony sexual contact as defined in § 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3, photographing a child in an obscene act, felony assault as defined in § 22-18-26, felony simple assault as defined in § 22-18-1, commission of a felony while armed as defined in §§ 22-14-12 and 22-14-13.1, discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21, criminal pedophilia as defined in § 22-22-30.1, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:

Felony Convictions  
Felony Class  
First  
Second  
Third  
    Nonviolent        
Class 6   .25   .30   .40  
Class 5   .25   .35   .40  
Class 4   .25   .35   .40  
Class 3   .30   .40   .50  
Class 2   .30   .40   .50  
Class 1   .35   .40   .50  
Class C   .35   .40   .50  
    Violent  
     
Class 6   .35   .45   .55  
Class 5   .40   .50   .60  
Class 4   .40   .50   .65  
Class 3   .50   .60   .70  
Class 2   .50   .65   .75  
Class 1   .50   .65   .75  
Class C   .50   .65   .75  
Class B   1.0   1.0   1.0  
Class A   1.0   1.0   1.0  

    Each inmate shall serve at least sixty days prior to parole release. Inmates with life sentences are not eligible for parole except as provided in this Act. An initial parole date through the application of this grid may be applied to a life sentence only after the sentence is commuted to a term of years. A Class A or B felony commuted to a number of years shall be applied to the Class C violent column of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the offense and receives a sentence of less than life shall be applied to the Class C violent column of the grid.

    Section 13. That chapter 24-15A be amended by adding a NEW SECTION to read:

    An inmate on parole through a compassionate parole release is ineligible for earned discharge credits until the inmate reaches an initial parole date pursuant § 24-15A-32 or an initial parole eligibility date pursuant to § 24-15-5.

    Section 14. That chapter 24-15A be amended by adding a NEW SECTION to read:

    If an inmate on parole through a compassionate parole release has the inmate's parole revoked, a subsequent consideration of compassionate parole on the same sentence requires a new referral for consideration pursuant to section 2 of this Act.

    Section 15. That the code be amended by adding a NEW SECTION to read:

    As a condition of compassionate parole release, any inmate released pursuant to subdivision (1) to (4), inclusive, of section 1 of this Act shall be compliant with medical care."

    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 1111 and returns the same with the recommendation that said bill be amended as follows:

1111oa

    On page 2 of the printed bill, remove the overstrikes from lines 14 and 15.

    On page 2, delete lines 18 to 24, inclusive, and insert:

        "(c)    Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs or its tattoos and associates with known gang members Wears certain articles of clothing, colors, or insignia commonly associated with street

gang activity, other than part of a fashion trend, that indicate membership in a street gang;

            (d)    Has tattoos that indicate membership in a street gang;
            (e)    Uses hand signs that identify the".

    On page 3, line 2, delete "(g)" and insert "(f)".

    On page 3, delete line 4.

    On page 3, line 5, delete "(i)" and insert "(g)".

    On page 3, line 8, delete "(j)" and insert "(h)".

    On page 3, line 10, delete "(k)" and insert "(i)".

    On page 3, line 12, delete "(l)" and insert "(j)".

1111ob

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

    On page 2, line 8, delete everything after "(i)" .

    On page 2, line 9, delete "(j)".

    On page 2, line 10, delete "(k)" and insert "(j)".

    On page 2, line 11, delete "(l)" and insert "(k)".

    On page 2, line 13, delete "(m)" and insert "(l)".

    On page 2, line 14, delete everything after "who" and insert "engages in a pattern of street gang activity".

    On page 2, remove the overstrikes from line 15.

    On page 3, line 4, delete everything after "(h)".

    On page 3, line 5, delete "(i)".

    On page 3, line 8, delete "(j)" and insert "(i)".

    On page 3, line 10, delete "(k)" and insert "(j)".

    On page 3, line 12, delete "(l)" and insert "(k)".

    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 1145, 1191, 1291, and 1296 and HJR 1002 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1159 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 1234 and returns the same with the recommendation that said bill be amended as follows:

1234wa

    On page 1, line 12, of the printed bill, remove the overstrikes from "and".

    On page 2, line 2, after "previous use" delete ";".

    On page 2, delete lines 3 to 5, inclusive.

    On page 2, line 6, delete everything before "." .

    On page 4, line 2, remove the overstrikes from everything after "turbines" .

    On page 4, line 3, remove the overstrikes from everything before "." .

    On page 4, after line 5, insert:

    "Section 3. That chapter 11-2 be amended by adding a NEW SECTION to read:

    A wind energy facility not otherwise subject to § 49-41B-2 shall file with the county in which the wind energy facility is located a bond, guarantee, insurance, or other requirement to provide funding for the decommissioning and removal of the wind energy facility, and for the restoration and reversion of the land on which the wind energy facility is located to its previous use. The bond required under this section shall run in favor of, and for the benefit of, the landowner whose property is hosting the wind energy facility. The form, terms, and conditions of the bond required under this section shall be subject to the approval of the county in which the wind energy facility is located.".
    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 1251 which was tabled.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1224 which was deferred to the 41st Legislative Day.
        

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1014, 1026, 1038, 1039, 1063, 1066, 1080, 1102, 1105, and 1117 were delivered to his Excellency, the Governor, for his approval at 8:30 a.m., February 12, 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 1113 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 1113 which has passed the Senate without change.

Respectfully,
Kay Johnson, Secretary
MOTIONS AND RESOLUTIONS

    Rep. Qualm moved that HCR 1010 be deferred to Tuesday, February 20, 2018, the
25th legislative day.

    Which motion prevailed.

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

    Was read the second time.

    Rep. Heinemann moved that SCR 7 as found on page 240 of the Senate Journal be concurred in.

    The question being on Rep. Heinemann's motion that SCR 7 be concurred in.

    And the roll being called:

    Yeas 64, Nays 2, Excused 4, Absent 0

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

    Nays:
Bordeaux; Ring

    Excused:
Campbell; Lesmeister; McPherson; Soli

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 7 was concurred in.

    Rep. Qualm moved that SCR 3 be referred from the Committee on State Affairs to the House floor.

    Which motion prevailed.

    Rep. Qualm moved that SB 23 be referred from the Committee on Transportation to the Committee on Judiciary.

    Which motion prevailed.

    Rep. Qualm moved that HB 1279 and 1300 be referred from the Joint Committee on Appropriations to the House Committee on Appropriations.

    Which motion prevailed.


    Rep. Qualm moved that HB 1155 be placed to precede HB 1140 on today's calendar.

    Which motion prevailed.

    Rep. Qualm moved that HB 1305 be placed to follow HB 1155 on today's calendar.

    Which motion prevailed.

    Rep. Qualm moved that HB 1140 be deferred to Wednesday, February 14, 2018, the
23rd legislative day.

    Which motion prevailed.

    Rep. Qualm moved that HB 1184 be deferred to Tuesday, February 13, 2018, the
22nd legislative day.

    Which motion prevailed.

    Rep. Qualm moved that HB 1216 be deferred to Tuesday, February 13, 2018, the
22nd legislative day.

    Which motion prevailed.

    Rep. Qualm moved that HB 1201 be deferred to Thursday, February 15, 2018, the
24th legislative day.

    Which motion prevailed.

    Rep. Qualm moved that HB 1269 be deferred to Thursday, February 15, 2018, the
24th legislative day.

    Which motion prevailed.

    Rep. Qualm moved that HB 1286 be deferred to Thursday, February 15, 2018, the
24th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Transportation on HB 1241 as found on page 388 of the House Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1173: FOR AN ACT ENTITLED, An Act to provide for inactive status of airport liquor licenses.

    Was read the second time.

    The question being “Shall HB 1173 pass as amended?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; 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; 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:
Campbell; Lesmeister; 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 1185: FOR AN ACT ENTITLED, An Act to establish provisions regarding the storage of wine at certain licensed premises.

    Was read the second time.

    The question being “Shall HB 1185 pass?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; 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; 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:
Campbell; Lesmeister; 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.

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

    Was read the second time.

    The question being “Shall SB 34 pass?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; 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; 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:
Campbell; Lesmeister; 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.

    SB 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding pharmacy benefits management.

    Was read the second time.

    The question being “Shall SB 141 pass?”

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; 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; 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:
Campbell; Lesmeister; 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

    HB 1155: FOR AN ACT ENTITLED, An Act to create provisions regarding the language development of deaf and hard-of-hearing students.


    Was read the second time.

    The question being “Shall HB 1155 pass as amended?”

    And the roll being called:

    Yeas 53, Nays 13, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Barthel; Bartling; Beal; Bordeaux; Chase; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Ring; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Bartels; Brunner; Carson; Clark; Conzet; Glanzer; Heinemann; Howard; Mills; Rhoden; Rounds; Rozum; Willadsen

    Excused:
Campbell; Lesmeister; 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 1305: FOR AN ACT ENTITLED, An Act to authorize independents to vote at a primary election under certain conditions.

    Was read the second time.

    The question being “Shall HB 1305 pass?”

    And the roll being called:

    Yeas 29, Nays 37, Excused 4, Absent 0

    Yeas:
Ahlers; Bartling; Bordeaux; Conzet; Dennert; Diedrich; DiSanto; Frye-Mueller; Hawley; Heinemann; Holmes; Johnson; Kettwig; Lake; Livermont; Lust; May; McCleerey; Otten (Herman); Peterson (Kent); Rasmussen; Reed; Rozum; Schoenfish; Smith; Stevens; Wiese; Wismer; Speaker Mickelson

    Nays:
Anderson; Bartels; Barthel; Beal; Brunner; Carson; Chase; Clark; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Kaiser; Karr; Latterell; Marty; Mills; Peterson (Sue); Pischke; Qualm; Rhoden; Ring; Rounds; Schaefer; Steinhauer; Tulson; Turbiville; Willadsen; York; Zikmund

    Excused:
Campbell; Lesmeister; 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 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.

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

    The question now being on Rep. Sue Peterson's pending motion to amend HB 1120 as found on page 378 of the House Journal.

    Which motion prevailed.

    The question being “Shall HB 1120 pass as amended?”

    And the roll being called:

    Yeas 28, Nays 38, Excused 4, Absent 0

    Yeas:
Beal; Bordeaux; Brunner; Clark; Dennert; Diedrich; DiSanto; Frye-Mueller; Haugaard; Heinemann; Howard; Kaiser; Karr; Latterell; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Schaefer; Steinhauer; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Anderson; Bartels; Barthel; Bartling; Carson; Chase; Conzet; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hawley; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Lust; McCleerey; Otten (Herman); Peterson (Kent); Reed; Ring; Rozum; Schoenfish; Smith; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York

    Excused:
Campbell; Lesmeister; 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 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding forensic medical examinations for victims of rape or sexual offense.

    Was read the second time.

    The question being “Shall HB 1126 pass as amended?”

    And the roll being called:

    Yeas 64, Nays 2, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; 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; 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:
May; Rounds

    Excused:
Campbell; Lesmeister; 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 1139: FOR AN ACT ENTITLED, An Act to revise the applicability of adverse possession to certain partition fences.

    Was read the second time.

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    Rep. Lust moved that HB 1139 be amended as follows:

    On page 4, line 11, of the House Judiciary Committee engrossed bill, delete everything after "possession" .

    On page 4, delete line 12.

    On page 4, line 13, delete everything before "the adjacent" .

    Which motion prevailed.
    The question being “Shall HB 1139 pass as amended?”

    And the roll being called:

    Yeas 63, Nays 2, Excused 5, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; 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; 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; York; Zikmund; Speaker Mickelson

    Nays:
Lust; Rozum

    Excused:
Campbell; Lesmeister; McPherson; Soli; Wismer

    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 1282: FOR AN ACT ENTITLED, An Act to provide certain notice requirements regarding out-of-state contributions to ballot question committees.

    Was read the second time.

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    Rep. Lust moved that HB 1282 be amended as follows:

    On page 1, line 5, of the printed bill, after "contribution" insert "in excess of ten thousand dollars".

    Which motion prevailed.

    The question being “Shall HB 1282 pass as amended?”

    And the roll being called:

    Yeas 49, Nays 16, Excused 5, Absent 0

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

    Nays:
Ahlers; Bartling; Bordeaux; Brunner; Clark; Hawley; Kaiser; Livermont; May; Mills; Ring; Rounds; Schoenfish; Smith; Steinhauer; York

    Excused:
Campbell; Lesmeister; McPherson; Soli; Wismer

    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 1199, 1277, 1230, 1252, 1304, 1146, 1278, 1268, and 1166 and SB 31, 47, 74, 25, 50, 51, 53, 54, 156, and 58 be deferred to Tuesday, February 13, 2018, the 22nd legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the vehicles required to stop at a state weighing station.

    HB 1018: FOR AN ACT ENTITLED, An Act to update and revise certain references and provisions regarding state agencies and the employment of certain public employees.

    HB 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding pipeline safety.

    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.

    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.

    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.

    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.

    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.

    HB 1115: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding crop liens.

    And signed the same in the presence of the House.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 4:43 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk