House of Representatives Journal 2/20/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 20, 2018

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

The prayer was offered by the Chaplain, Rev. Bill Menke, followed by the Pledge of Allegiance led by House pages Melody Beaulieu and Erika Waxdahl.

Roll Call: All members present except Reps. Diedrich, Gosch, McCleerey, McPherson, Soli, and Zikmund 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 twenty-fourth 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:

Melody Beaulieu, George Dennert, Allison Engel, Keith Grant, Victoria Heinecke, Abigail Julian, Megan King, Sky Nockels, Summer Raderschadt, Bess Seaman, Annabelle Simpson, Samantha Soukup, Erika Van Nieuwenhuyse, and Erika Waxdahl.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1128 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 5, of the printed bill, overstrike "following for each school".

On page 1, line 6, overstrike "district:".

On page 1, line 7, overstrike "(1) The".

On page 1, line 7, after "salary" overstrike "," and insert "for each school district".

On page 1, overstrike lines 9 to 15, inclusive.

On page 2, overstrike lines 1 to 8, inclusive.

On page 2, line 9, overstrike everything before "For" .

On page 2, line 12, delete "eighty-five" and insert "sixty-five".

On page 2, after line 17, insert:

"If a school district's average teacher compensation is greater than the target teacher compensation outlined in § 13-13-10.1, the school district is exempt from the accountabilities outlined in this section for the following fiscal year.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1263 and 1276 which were tabled.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 41 and 42 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 Transportation respectfully reports that it has had under consideration SCR 12 and returns the same with the recommendation that said resolution be amended as follows:

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On page 1 of the printed resolution, delete lines 3 to 6, inclusive.

On page 1, line 7, delete "EPA" and insert "Environmental Protection Agency (EPA)".

On page 2, line 9, delete everything after "Legislature" .

On page 2, line 10, delete everything before "urges" .

And that as so amended said resolution be concurred in.

Respectfully submitted,
Mary Duvall, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1033, 1131, 1154, and 1195 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 1131, 1154, and 1195 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HCR 1001 was lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1051 was lost for failure to be placed on the Senate calendar.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 63, 98, and 214 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SCR 3.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1010: 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.

Was read the second time.

Rep. Lesmeister moved that HCR 1010 as found on page 368 of the House Journal be adopted.

The question being on Rep. Lesmeister's motion that HCR 1010 be adopted.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1010 was adopted.

HCR 1011: A CONCURRENT RESOLUTION, Making formal application to the United States Congress to lawfully enable the Department of Veterans Affairs to provide per diem reimbursement to eligible veterans in need of assisted living services.

Was read the second time.

Rep. Ahlers moved that HCR 1011 as found on page 476 of the House Journal be adopted.

The question being on Rep. Ahlers' motion that HCR 1011 be adopted.

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

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

Excused:
Beal; Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1011 was adopted.

Rep. Steinhauer moved that the House do concur in Senate amendments to HB 1079.

The question being on Rep. Steinhauer's motion that the House do concur in Senate amendments to HB 1079.

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Beal; Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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

Rep. Heinemann moved that the House do concur in Senate amendments to HB 1205.

The question being on Rep. Heinemann's motion that the House do concur in Senate amendments to HB 1205.

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Latterell

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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

Rep. Qualm moved that the rules be suspended for the sole purpose of placing any House bill or joint resolution reported “Do Pass” or “Do Pass Amended” by a committee on the 26^th or the 27^th legislative day on the calendar for the 27^th day for second reading. If any member objects prior to the second reading of house bills and joint resolutions on the 27^th legislative day to any bill placed on the calendar by this motion, the bill shall be removed from the calendar of the 27^th legislative day and placed on the calendar for second reading on the 28^th legislative day.

The question being on Rep. Qualm's motion that the rules be suspended for the sole purpose of placing any House bill or joint resolution reported “Do Pass” or “Do Pass Amended” by a committee on the 26^th or the 27^th legislative day on the calendar for the 27^th day for second reading. If any member objects prior to the second reading of house bills and joint resolutions on the 27^th legislative day to any bill placed on the calendar by this motion, the bill shall be removed from the calendar of the 27^th legislative day and placed on the calendar for second reading on the 28^th legislative day.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried, and the rules were suspended.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1275 as found on page 470 of the House Journal; also

Taxation on HB 1309 as found on page 471 of the House Journal; also

Transportation on HB 1258 as found on page 473 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 63: FOR AN ACT ENTITLED, An Act to revise certain prohibitions regarding methamphetamines and to create a mandatory penalty for a violation thereof.

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

SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 911 emergency surcharge, the public safety 911 emergency fund, and revenue distribution and to repeal the 911 emergency surcharge sunset clause.

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

SB 214: FOR AN ACT ENTITLED, An Act to create a Legislative Compensation Commission to review legislative salaries.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Lesmeister requested that SB 90 be removed from the Consent Calendar.

Which request was granted.

SB 15: FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk highway system.

Was read the second time.

The question being “Shall SB 15 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 16: FOR AN ACT ENTITLED, An Act to repeal certain curb ramp construction specifications for municipalities.

Was read the second time.

The question being “Shall SB 16 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 1240 be deferred to Wednesday, February 21, 2018, the
26^th legislative day; also

HB 1286 be deferred to Wednesday, February 21, 2018, the 26^th legislative day; also

HJR 1004 be deferred to Wednesday, February 21, 2018, the 26^th legislative day; also

HB 1174 be deferred to Wednesday, February 21, 2018, the 26^th legislative day; also

HB 1162 be deferred to Wednesday, February 21, 2018, the 26^th legislative day; also

HB 1201 be deferred to Wednesday, February 21, 2018, the 26^th legislative day; also

HB 1311 be deferred to Wednesday, February 21, 2018, the 26^th legislative day; also

HB 1287 be deferred to Wednesday, February 21, 2018, the 26^th legislative day; also

HB 1150 be deferred to Wednesday, February 21, 2018, the 26^th legislative day.

Which motion prevailed.

HB 1269: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time frame for consent in adoption proceedings.

Was read the second time.

1269kb

Rep. Tulson moved that HB 1269 be amended as follows:

On page 1 of the House Judiciary Committee engrossed bill, delete lines 4 to 6, inclusive.

On page 2, line 14, delete "five" and insert "fifteen".

Which motion prevailed.

The question being “Shall HB 1269 pass as amended?”

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Pischke

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 1292: FOR AN ACT ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding conditional use requests.

Was read the second time.

The question being “Shall HB 1292 pass?”

And the roll being called:

Yeas 44, Nays 20, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Brunner; Carson; Chase; Clark; Conzet; Dennert; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Lust; May; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Campbell; DiSanto; Frye-Mueller; Goodwin; Greenfield (Lana); Howard; Jensen (Kevin); Latterell; Lesmeister; Livermont; Marty; Mills; Peterson (Sue); Pischke; Rasmussen; Ring; Wismer

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 1178: FOR AN ACT ENTITLED, An Act to provide a penalty for the failure to complete timely audits by certain entities.

Was read the second time.

The question being “Shall HB 1178 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 1188: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding postsecondary tuition assistance programs.

Was read the second time.

The question being “Shall HB 1188 pass as amended?”

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

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

Nays:
Ring; Smith

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 1319: FOR AN ACT ENTITLED, An Act to adopt the Interstate Compact for the Temporary Licensure of Professionals.

Was read the second time.

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Rep. Kent Peterson moved that HB 1319 be amended as follows:

On page 3, line 7, of the printed bill delete "and".

On page 3, line 9, after "licensed" insert "; and

On page 5, line 4, delete "eighteen" and insert "twelve".

Which motion prevailed.

The question being “Shall HB 1319 pass as amended?”

And the roll being called:

Yeas 18, Nays 46, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Beal; Frye-Mueller; Holmes; Jensen (Kevin); Kaiser; Latterell; Lust; Marty; Peterson (Kent); Qualm; Rhoden; Rozum; Schaefer; Stevens; Tulson; Speaker Mickelson

Nays:
Ahlers; Barthel; Bartling; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Hawley; Heinemann; Howard; Hunhoff; Jamison; Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Livermont; May; Mills; Otten (Herman); Peterson (Sue); Pischke; Rasmussen; Reed; Ring; Rounds; Schoenfish; Smith; Steinhauer; Turbiville; Wiese; Willadsen; Wismer; York

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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

Speaker Mickelson now presiding.

HB 1293: FOR AN ACT ENTITLED, An Act to increase the penalty for certain assaults committed against firefighters or ambulance service personnel while engaged in the performance of their duties.

Was read the second time.

The question being “Shall HB 1293 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 1204: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding power of attorney.

Was read the second time.

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Rep. Lust moved that HB 1204 be amended as follows:

On page 37, line 1, of the House Judiciary Committee engrossed bill, delete "before,".

Which motion prevailed.

The question being “Shall HB 1204 pass as amended?”

And the roll being called:

Yeas 42, Nays 21, Excused 7, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Bordeaux; Campbell; Carson; Chase; Clark; Conzet; Dennert; Duvall; Hawley; Heinemann; Holmes; Hunhoff; Johns; Johnson; Kettwig; Lake; Lesmeister; Lust; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Nays:
Brunner; DiSanto; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Howard; Jamison; Jensen (Kevin); Kaiser; Karr; Latterell; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Rasmussen; Stevens

Excused:
Beal; Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 1273: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding convention facility on-sale licenses to sell alcoholic beverages.

Was read the second time.

The question being “Shall HB 1273 pass?”

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Haugaard

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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 1318: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Health and Educational Facilities Authority to transfer or grant excess reserves to any South Dakota governmental entity and to declare an emergency.

Was read the second time.

The question being “Shall HB 1318 pass?”

And the roll being called:

Yeas 35, Nays 29, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Carson; Chase; Duvall; Glanzer; Heinemann; Holmes; Hunhoff; Jamison; Johns; Kettwig; Lake; Lust; Mills; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Frye-Mueller; Goodwin; Greenfield (Lana); Haugaard; Hawley; Howard; Jensen (Kevin); Johnson; Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; Peterson (Sue); Pischke; Rasmussen; Ring; Smith

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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

Rep. Anderson announced his intention to reconsider the vote by which HB 1318 lost.

SECOND 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 second time.

The question being “Shall SB 31 pass?”

And the roll being called:

Yeas 61, Nays 3, Excused 6, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; 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; Speaker Mickelson

Nays:
Frye-Mueller; Goodwin; Howard

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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

SB 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 second time.

The question being “Shall SB 47 pass?”

And the roll being called:

Yeas 57, Nays 7, Excused 6, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Greenfield (Lana); Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Lust; 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; Speaker Mickelson

Nays:
Frye-Mueller; Goodwin; Haugaard; Howard; Livermont; Marty; May

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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

SB 74: FOR AN ACT ENTITLED, An Act to create an exception to the minimum difference in age between adoptive parent and child and to declare an emergency.

Was read the second time.

The question being “Shall SB 74 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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

SB 25: FOR AN ACT ENTITLED, An Act to revise certain fees for entities permitted under the national pollutant discharge elimination system.

Was read the second time.

The question being “Shall SB 25 pass?”

And the roll being called:

Yeas 45, Nays 19, Excused 6, Absent 0

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

Nays:
Ahlers; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Greenfield (Lana); Haugaard; Howard; Kaiser; Karr; Latterell; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Steinhauer

Excused:
Diedrich; Gosch; McCleerey; McPherson; Soli; Zikmund

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

Rep. Rhoden announced his intention to reconsider the vote by which SB 25 lost.

Rep. Qualm moved that the balance of the calendar including SB 50, 51, 53, 54, 156, 58, 110, 164, and 46 be deferred to Wednesday, February 21, 2018, the 26^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1033: FOR AN ACT ENTITLED, An Act to revise certain licensing renewal procedures for business insurance producers.

HB 1131: FOR AN ACT ENTITLED, An Act to authorize certain road district trustees and employees to receive compensation under a district contract.

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

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1016 Introduced by: Representatives Kettwig, Ahlers, Anderson, Bartels, Barthel, Bartling, Beal, Bordeaux, Brunner, 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, Lake, Latterell, Lesmeister, Livermont, Lust, Marty, May, McCleerey, Mickelson, 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 Curd, Bolin, Cammack, Cronin, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg

A LEGISLATIVE COMMEMORATION, Commending the entire South Dakota Army National Guard on being elected as the overall winner in the 2017 Army Communities of Excellence Awards.

WHEREAS, the entire South Dakota Army National Guard was named as the overall winner in the 2017 Army Communities of Excellence Awards; and

WHEREAS, the Army Communities of Excellence Awards recognize top performance within the United States Army and National Guard and Reserve installations and their communities and for their approach to systems management; and

WHEREAS, the entire South Dakota Army National Guard placed first overall, among thirty-six applicants in the Army National Guard category; and

WHEREAS, the South Dakota Army National Guard is the backbone of military readiness, where the state's national guard forces train and deploy and are sustained by the communities where members return to call home; and

WHEREAS, the entire South Dakota Army National Guard continues to demonstrate continued support to their community and the state of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the entire South Dakota Army National Guard and recognizes its outstanding service to the great state of South Dakota and the United States of America.

HC 1017 Introduced by: Representatives Qualm, 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, Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Latterell, Lesmeister, Livermont, Lust, Marty, May, McCleerey, Mickelson, Mills, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Rasmussen, Reed, Rhoden, Ring, Rounds, Rozum, Schaefer, Schoenfish, Smith, Steinhauer, Stevens, Tulson, Turbiville, Wiese, Willadsen, Wismer, York, and Zikmund and Senators Jensen (Phil), Bolin, Cammack, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg

A LEGISLATIVE COMMEMORATION, Commending the South Dakota Army National Guard's 155th Engineer Company on being awarded the Itschner Award and the Reserve Family Readiness Award.

WHEREAS, the South Dakota Army National Guard's 155th Engineer Company, located in Rapid City and Wagner, South Dakota, was presented the Itschner Award and the Reserve Family Readiness Award for the Army National Guard in 2017; and

WHEREAS, the selection for the Itschner Award recognizes the best engineer company in three categories: United States Army, Army Reserve, and National Guard; and the Reserve Family Readiness Award is presented to one unit from each of the seven reserve components that demonstrate excellence in engaging with and supporting members' families; and

WHEREAS, the 155th Engineer Company continues to demonstrate continued support to its community and the state of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota Army National Guard's 155th Engineer Company on receiving the Itschner Award and the Reserve Family Readiness Award and for its outstanding service to the great state of South Dakota and the United States of America.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:06 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk