House of Representatives Journal 2/22/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 22, 2018

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

The prayer was offered by the Chaplain, Rev. Alex Haines, followed by the Pledge of Allegiance led by House pages Erika Van Nieuwenhuyse and Allison Engel.

Roll Call: All members present except Reps. Duvall, 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 twenty-sixth 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 22, 2018

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 22, 2018, I approved House Bills 1018, 1023, 1024, 1042, 1043, 1060, 1061, 1062, 1065, 1071, 1074, 1076, 1099, 1113, 1115, 1119, 1143, 1148, and 1214, 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 Health and Human Services respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1265 which was tabled.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1193 and 1317 which were tabled.

Respectfully submitted,
Jean Hunhoff, Vice-Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 209 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 8 and returns the same with the recommendation that said resolution be concurred in.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1192 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1202 which was tabled.

Respectfully submitted,
Jean Hunhoff, Vice-Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 59 and 69 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 72 which was tabled.

Respectfully submitted,
Nancy Rasmussen, Vice-Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 126 and 147 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 Local Government respectfully reports that it has had under consideration HB 1257 and returns the same with the recommendation that said bill be amended as follows:

1257wb

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

"Section 1. That chapter 31-12 be amended by adding a NEW SECTION to read:

The board of county commissioners may designate a highway as a no maintenance highway. The board shall, by resolution, identify the beginning and end point of the highway designated as no maintenance. The board does not have any responsibility or duty of care on a no maintenance highway, except upon knowledge of a manmade obstruction, to require removal or remediation of the manmade obstruction if needed, to maintain public access.

Section 2. That chapter 31-12 be amended by adding a NEW SECTION to read:

The board of county commissioners shall post signs on a no maintenance highway designated under section 1 of this Act to notify the public that it is a no maintenance highway and that no travel is advised, and that the public travels at its own risk. The signs shall be posted at each entry point and at regular intervals along a no maintenance highway. A properly posted sign is prima facie evidence that adequate notice of a no maintenance highway has been given to the public.

Section 3. That chapter 31-12 be amended by adding a NEW SECTION to read:

A no maintenance highway designated under section 1 of this Act is any highway that shall remain open to public access, but over which the board of county commissioners has no responsibility for maintenance or improvement.

Section 4. That chapter 31-12 be amended by adding a NEW SECTION to read:

Nothing in this chapter precludes any rural electric, telecommunications company, or entity created by chapter 34A-5, 46A-3A, or 46A-9, or any nonprofit engaged in the treatment, distribution, and sale of water to rural consumers from constructing, maintaining, or operating any facility along, upon, or under publicly-owned land, including any road, highway, right-of-way, street, alley, bridge, or causeway.

Section 5. That § 31-12-2 be amended to read:

31-12-2. Except for minimum maintenance roads established pursuant to § 31-12-46 or a no maintenance road established pursuant to section 1 of this Act, no county highway system may be changed, altered, or modified except by authority of and in accordance with a written executive order of the Department of Transportation. Any such change shall be shown on the

map of the county highway system in an office designated by the board of county commissioners and on such map in the Department of Transportation. "

1257wta

On page 1, line 1, of the printed bill, delete "provide for the abandonment of" and insert "designate".

On page 1, line 2, after "counties" insert "as no maintenance highways".

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

Respectfully submitted,
Kristin A. Conzet, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1308 and returns the same with the recommendation that said bill be amended as follows:

1308fa

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

"Section 1. That § 35-5-22.2 be amended to read:

35-5-22.2. ~~Twenty-five~~ Fifty percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the counties. Twenty-five percent of such alcoholic beverage fund so distributed to counties shall be divided equally by all counties. The remaining seventy-five percent shall be allocated to counties by the ratio of the population of each county to the total population of all the counties sharing in the receipts. The Department of Revenue shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the county auditor of each county its share of the fund. The amount received by each county shall be deposited in the county's general fund to be dedicated to expenses related to county law enforcement, jails, state's attorneys, public defenders, and court-appointed attorneys. "

1308fta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise the distribution of revenue from the alcoholic beverage fund.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1238 and 1294 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1033, 1131, 1154, and 1195 were delivered to his Excellency, the Governor, for his approval at 10:30 a.m., February 22, 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 1028, 1029, 1032, 1072, 1078, 1082, 1086, 1087, 1088, and 1136 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 1077 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1028, 1029, 1032, 1072, 1078, 1082, 1086, 1087, 1088, and 1136 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 155 and 178 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 9 and 16 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1012: A CONCURRENT RESOLUTION, Urging the United States Environmental Protection Agency (EPA) to identify a regulatory path to provide Reid vapor pressure (RVP) relief to E15.

Was read the second time.

Rep. Kent Peterson moved that HCR 1012 as found on page 523 of the House Journal be adopted.

The question being on Rep. Kent Peterson's motion that HCR 1012 be adopted.

And the roll being called:

Yeas 56, Nays 7, Excused 7, Absent 0

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

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

Excused:
Duvall; McPherson; Qualm; Schaefer; Soli; Zikmund; Speaker Mickelson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1012 was adopted.

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

Was read the second time.

Rep. Bartling moved that the House do concur in SCR 12 as found on page 320 of the Senate Journal and as amended on page 485 of the House Journal.

The question being on Rep. Bartling's motion that SCR 12 be concurred in as amended.

And the roll being called:

Yeas 61, Nays 4, Excused 5, 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; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Lesmeister; Livermont; Lust; McCleerey; 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; Speaker Mickelson

Nays:
Howard; Latterell; Marty; May

Excused:
Duvall; McPherson; Qualm; Soli; Zikmund

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 12 was concurred in as amended.

HR 1001 Introduced by: Representative Rasmussen

A RESOLUTION, To show continued support for local control.

WHEREAS, the Legislature prides itself on supporting and promoting the idea of local control; and

WHEREAS, local control is the philosophy where decisions are best left to those persons most effected by those decisions; and

WHEREAS, some issues cannot and should not be handled at the state-level by actions of the Legislature; and

WHEREAS, some issues cannot be fixed by a one size fits all solution; and

WHEREAS, different communities will face different impacts and outcomes when attempting to legislate issues on a state-wide level:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Third Legislature of the State of South Dakota, that the Legislature acknowledges and supports the importance of the philosophy and practice of local control.

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

SCR 9: A CONCURRENT RESOLUTION, Strengthening the sister-state ties between the State of South Dakota and the Republic of China (Taiwan), supporting the signing of a Bilateral Trade Agreement between Taiwan and the United States, and reaffirming support for increasing Taiwan's international profile.

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

SCR 16: A CONCURRENT RESOLUTION, Expressing our gratitude to the 45^th President of the United States, Donald J. Trump, for beginning to Make America Great Again.

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

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Friday, February 23, 2018, the 28^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on HB 1160 as found on page 506 of the House Journal; also

    State Affairs on HB 1264 as found on page 508 of the House Journal; also

    State Affairs on HJR 1006 as found on page 509 of the House Journal; also

    Education on HB 1297 as found on page 510 of the House Journal; also

    Education on SB 80 as found on page 510 of the House Journal; also

Education on SB 89 as found on page 510 of the House Journal; also

    Judiciary on HB 1132 as found on page 511 of the House Journal; also

    Judiciary on HB 1285 as found on page 511 of the House Journal; also

    Judiciary on HB 1170 as found on page 513 of the House Journal; also

    Judiciary on HB 1281 as found on page 517 of the House Journal; also

    Judiciary on SB 62 as found on page 517 of the House Journal; also

    Commerce and Energy on HB 1067 as found on page 517 of the House Journal; also

    Commerce and Energy on HB 1200 as found on page 518 of the House Journal; also

    Commerce and Energy on HB 1313 as found on page 519 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 155: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the liability of the cost of jail confinement.

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

SB 178: FOR AN ACT ENTITLED, An Act to provide certain exceptions from alcoholic beverage provisions regarding events conducted by certain civic, charitable, educational, fraternal, or veterans organizations.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 61: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding sex offender registration.

Was read the second time.

The question being “Shall SB 61 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; 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; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Excused:
Duvall; 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 64: FOR AN ACT ENTITLED, An Act to revise certain provisions related to attempted human trafficking in the first degree and to provide a penalty therefor.

Was read the second time.

The question being “Shall SB 64 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, 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; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Excused:
Duvall; 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

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.

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

1318da

Rep. Ahlers moved that HB 1318 be amended as follows:

On page 1 of the printed bill, delete line 15.

On page 2, delete lines 1 to 4, inclusive, and insert:

"(7) To establish a minimum amount of cash and investment reserves; and

(8) To transfer or grant, or otherwise use, funds in excess of the minimum amount of reserves to any South Dakota governmental entity to further any purpose of the authority, including any purpose set forth in § 1-16A-1. This subdivision is repealed July 1, 2019.".

On page 2, delete line 9, and insert "investment reserves the".

On page 2, delete lines 17 to 20, inclusive, and insert "reserves.".

Which motion prevailed.

The question being “Shall HB 1318 pass as amended?”

And the roll being called:

Yeas 49, Nays 17, Excused 4, Absent 0

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

Nays:
Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Howard; Kaiser; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke; Rounds

Excused:
Duvall; McPherson; Soli; Zikmund

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

1318dta

Rep. Ahlers moved that the title to HB 1318 be amended as follows:

On page 1 of the printed bill, delete line 3, and insert "entity.".

Which motion prevailed and the title was so amended.

HB 1128: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding increases in teacher compensation.

Was read the second time.

1128x

Rep. Ahlers moved that HB 1128 be amended as follows:

On page 2 of the House Appropriations Committee engrossed bill, delete lines 19 to 21, inclusive.

Which motion prevailed.

The question being “Shall HB 1128 pass as amended?”

And the roll being called:

Yeas 32, Nays 34, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Chase; Diedrich; DiSanto; Glanzer; Hawley; Heinemann; Holmes; Jamison; Karr; Latterell; Lesmeister; Lust; McCleerey; Otten (Herman); Peterson (Kent); Pischke; Rasmussen; Reed; Rhoden; Ring; Schaefer; Smith; Steinhauer; Stevens; Wismer; York; Speaker Mickelson

Nays:
Barthel; Beal; Brunner; Campbell; Carson; Clark; Conzet; Dennert; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Lake; Livermont; Marty; May; Mills; Peterson (Sue); Qualm; Rounds; Rozum; Schoenfish; Tulson; Turbiville; Wiese; Willadsen

Excused:
Duvall; 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.

Rep. Qualm moved that the following bills be placed accordingly on today's calendar:

HB 1067 be placed to precede HB 1160; also

HB 1313 be placed to follow HB 1067.

Which motion prevailed.

Rep. Bartling requested that HB 1285 be removed from today's calendar and placed on the calendar of Friday, February 23, 2018, the 28^th legislative day.

Which request was granted.

Rep. Mickelson requested that HB 1257, 1192, and 1308 be placed on the calendar of Friday, February 23, 2018, the 28^th legislative day.

Which request was granted.

Rep. Brunner requested a fiscal note on HB 1170.

Which request was supported.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
PER RULES SUSPENSION

HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of wineries.

Was read the second time.

The question being “Shall HB 1067 pass as amended?”

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

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

Nays:
Campbell; Dennert; Diedrich; DiSanto; Haugaard; Johnson; Karr; Latterell; Pischke

Excused:
Duvall; McPherson; Soli

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

1067fta

Rep. Steinhauer moved that the title to HB 1067 be amended as follows:

On page 1, line 2, of the printed bill, delete "and wine manufacturers".

Which motion prevailed and the title was so amended.

HB 1313: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of distillers and cider manufacturers.

Was read the second time.

The question being “Shall HB 1313 pass as amended?”

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

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

Nays:
Haugaard

Excused:
DiSanto; Duvall; Kaiser; 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 1160: FOR AN ACT ENTITLED, An Act to transfer victim services from the Department of Social Services to the Department of Public Safety.

Was read the second time.

The question being “Shall HB 1160 pass as amended?”

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

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

Nays:
Ahlers; Rounds

Excused:
Duvall; 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 1264: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a precision agriculture classroom and laboratory building and renovation of the first and second floors of Berg Agriculture Hall at South Dakota State University.

Was read the second time.

The question being “Shall HB 1264 pass as amended?”

And the roll being called:

Yeas 66, Nays 1, 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; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Pischke

Excused:
Duvall; 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.

HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

Was read the second time.

The question being “Shall HJR 1006 pass as amended?”

And the roll being called:

Yeas 56, Nays 11, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; 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; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Zikmund; Speaker Mickelson

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

Excused:
Duvall; McPherson; Soli

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

HB 1297: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital outlay obligations.

Was read the second time.

1297ka

Rep. Gosch moved that HB 1297 be amended as follows:

On page 3, after line 17 of the House Education Committee engrossed bill, insert:

"Section 3. That § 13-16-6.3 be amended to read:

13-16-6.3. Any proposed installment purchase contract, lease-purchase, or issue of capital outlay certificates authorized pursuant to § 13-16-6 or 13-16-6.2 which will obligate the school district for future payments on the principal, the total of which will exceed ~~one and~~ one-half percent of the taxable valuation of taxable property within the district, may not be entered into, or certificates issued, unless prior thereto the school board conducts a public hearing thereon after having given notice by publication at least twice in its official newspaper at least ten days before the hearing. Upon the hearing the board may approve the action or may refer the matter to the voters of the district. ".

Which motion prevailed.

The question being “Shall HB 1297 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; 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; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Duvall; McPherson; Rounds; 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 1132: FOR AN ACT ENTITLED, An Act to revise the sponsorship and advertising agreements between certain alcoholic beverage licensees.

Was read the second time.

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Rep. Lust moved that HB 1132 be amended as follows:

On the House Judiciary Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. That chapter 35-2 be amended by adding a NEW SECTION to read:

Notwithstanding the provisions of §§ 35-2-6.4 and 35-4-52, a manufacturer, wholesaler, or an agent of a manufacturer or wholesaler may enter into a sponsorship or advertising agreement with a retailer licensee for a single event specified in the agreement. No retailer licensee may provide exclusive or preferential treatment, or any other consideration prohibited by law, to the manufacturer, wholesaler, or the agent of a manufacturer or wholesaler, under the terms of or in exchange for entering into the sponsorship or advertising agreement under this section."

Which motion prevailed.

The question being “Shall HB 1132 pass as amended?”

And the roll being called:

Yeas 59, Nays 7, Excused 4, Absent 0

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

Nays:
Beal; Gosch; Greenfield (Lana); Haugaard; Heinemann; Pischke; Qualm

Excused:
Duvall; McPherson; Rounds; 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 1170: FOR AN ACT ENTITLED, An Act to adopt the uniform law on notarial acts.

Was read the second time.

There being no objection, the Speaker announced that HB 1170 be deferred to Friday, February 23, 2018, the 28^th legislative day, to receive the requested Fiscal Note.

HB 1281: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding persons on probation and to declare an emergency.

Was read the second time.

The question being “Shall HB 1281 pass as amended?”

And the roll being called:

Yeas 65, Nays 0, Excused 5, 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; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Duvall; Heinemann; McPherson; Rounds; Soli

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

HB 1200: FOR AN ACT ENTITLED, An Act to revise certain on-sale full-service restaurant alcoholic beverage license provisions and to authorize municipalities and counties to lease on-sale full-service restaurant alcoholic beverage licenses.

Was read the second time.

The question being “Shall HB 1200 pass as amended?”

And the roll being called:

Yeas 36, Nays 30, Excused 4, Absent 0

Yeas:
Barthel; Brunner; Campbell; Clark; Conzet; Dennert; Diedrich; DiSanto; Gosch; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Lust; Marty; McCleerey; Mills; Peterson (Sue); Pischke; Reed; Ring; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Zikmund; Speaker Mickelson

Nays:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Carson; Chase; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Hawley; Heinemann; Hunhoff; Karr; Lake; Latterell; Lesmeister; Livermont; May; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Rhoden; Rozum; Wismer; York

Excused:
Duvall; McPherson; Rounds; 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 1133: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding operating a vehicle after consumption of a controlled drug or substance.

Was read the second time.

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Rep. Lust moved that HB 1133 be amended as follows:

On page 1, line 10, of the House State Affairs Committee engrossed bill, after "marijuana" insert ";".

On page 1, line 11, after "prescription" insert "for the driver".

Which motion prevailed.

The question being “Shall HB 1133 pass as amended?”

And the roll being called:

Yeas 26, Nays 40, Excused 4, Absent 0

Yeas:
Anderson; Bartels; Barthel; Bartling; Beal; Brunner; Carson; Clark; Conzet; Diedrich; Goodwin; Hawley; Holmes; Johns; Lake; Lust; McCleerey; Otten (Herman); Peterson (Kent); Rasmussen; Rhoden; Rozum; Schoenfish; Tulson; Willadsen; Speaker Mickelson

Nays:
Ahlers; Bordeaux; Campbell; Chase; Dennert; DiSanto; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haugaard; Heinemann; Howard; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Latterell; Lesmeister; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Reed; Ring; Schaefer; Smith; Steinhauer; Stevens; Turbiville; Wiese; Wismer; York; Zikmund

Excused:
Duvall; McPherson; Rounds; Soli

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

There being no objection, the Speaker announced that HB 1192 be placed on today's calendar.

HB 1192: FOR AN ACT ENTITLED, An Act to revise certain programs and promote efficiency in state government and to make an appropriation therefor.

Was read the second time.

The question being “Shall HB 1192 pass?”

And the roll being called:

Yeas 48, Nays 13, Excused 9, Absent 0

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

Nays:
Brunner; Campbell; Clark; Dennert; Frye-Mueller; Goodwin; Gosch; Howard; Latterell; Livermont; Marty; May; Pischke

Excused:
DiSanto; Duvall; Kaiser; McPherson; Rounds; Soli; Wismer; Zikmund; Speaker Mickelson

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.

Rep. Steinhauer moved that the balance of the calendar including SB 90, 50, 51, 53, 54, 156, 58, 110, 164, 46, and 83 be deferred to Friday, February 23, 2018, the 28^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trust companies.

HB 1029: FOR AN ACT ENTITLED, An Act to increase certain fees for self-insurance by employers.

HB 1032: FOR AN ACT ENTITLED, An Act to exempt credit unions from the requirements to be licensed as real estate brokers.

HB 1072: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal of security freezes.

HB 1082: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licensure for the lending of money.

HB 1086: FOR AN ACT ENTITLED, An Act to exempt certain assisted living facilities from the salon license requirement.

HB 1087: FOR AN ACT ENTITLED, An Act to allow certain students to test for cosmetologist, esthetician, and nail technician licensure.

HB 1088: FOR AN ACT ENTITLED, An Act to revise the consignment sales requirements for dealers of motorcycles, off-road vehicles, snowmobiles, boats, and boat trailers.

HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions related to cooperatives.

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

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

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.

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.

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.

And signed the same in the presence of the House.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 6:08 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk