House of Representatives Journal 2/27/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 27, 2018

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

The prayer was offered by the Chaplain, Rev. Ryan Chase, followed by the Pledge of Allegiance led by House pages Sky Nockels and Summer Raderschadt.

Roll Call: All members present except Reps. Bordeaux, May, McPherson, Soli, and Tulson 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-ninth 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 27, 2018

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 27, 2018, I approved House Bills 1033, 1127, 1131, 1154, and 1195, 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 Transportation respectfully reports that it has had under consideration SB 97 and 146 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 82 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 Transportation respectfully reports that it has had under consideration SB 14 which was tabled.

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 1093, 1094, 1107, and 1236 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1101, 1147, 1159, 1173, and 1185 were delivered to his Excellency, the Governor, for his approval at 1:00 p.m., February 27, 2018.

Respectfully submitted,
G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HJR 1001 was tabled.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1012 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1093, 1094, 1107, and 1236 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1270 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 17 which has been adopted by the Senate and your concurrence 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 12.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that SB 176 be referred from the Committee on Judiciary to the House Committee on Appropriations.

Which motion prevailed.

SCR 17: A CONCURRENT RESOLUTION, Supporting and encouraging the continued funding of the Native American achievement school program at Todd County Middle School.

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

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 second time.

Rep. Pischke moved that SCR 16 be amended as follows:

On page 1, line 9, of the Senate engrossed resolution, delete "May 2017" and insert "December 2000".

On page 1, line 10, delete everything after "provided" and insert "relief for millions of American citizens".

On page 1, line 11, delete everything before "in" .

    Which motion prevailed.

    Rep. Pischke moved that the House do concur in SCR 16 as found on page 430 of the Senate Journal and as amended on page 523 of the Senate Journal.

    The question being on Rep. Pischke's motion that SCR 16 be concurred in as amended.

And the roll being called:

Yeas 56, Nays 8, Excused 6, Absent 0

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

Nays:
Ahlers; Bartling; Hawley; Lesmeister; McCleerey; Ring; Smith; Wismer

Excused:
Bordeaux; DiSanto; May; McPherson; Soli; Tulson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 16 was concurred in as amended.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 155 as found on page 595 of the House Journal; also

Commerce and Energy on SB 178 as found on page 596 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being “Shall SB 140 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Bordeaux; DiSanto; May; McPherson; Soli; Tulson

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 7: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance limits.

Was read the second time.

The question being “Shall SB 7 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Bordeaux; DiSanto; May; McPherson; Soli; Tulson

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 19: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding lease-purchase agreements for a local education agency.

Was read the second time.

The question being “Shall SB 19 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Bordeaux; DiSanto; May; McPherson; Soli; Tulson

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 99: FOR AN ACT ENTITLED, An Act to authorize the release of certain 911 emergency surcharge information to public safety answering points.

Was read the second time.

The question being “Shall SB 99 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Bordeaux; DiSanto; May; McPherson; Soli; Tulson

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 154: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills.

Was read the second time.

The question being “Shall SB 154 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Bordeaux; DiSanto; May; McPherson; Soli; Tulson

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that SB 9, 11, and 13 be deferred to Wednesday, February 28, 2018, the 31^st legislative day and placed at the top of the calendar; also

SB 24 be deferred to Wednesday, February 28, 2018, the 31^st legislative day and be placed at the bottom of the calendar.

Which motion prevailed.

Rep. Qualm moved that SJR 1 be placed to precede SB 44; also

SB 94 be placed to follow SJR1 on today's calendar.

Which motion prevailed.

SJR 1: 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 SJR 1 pass?”

And the roll being called:

Yeas 55, Nays 9, Excused 6, Absent 0

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

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

Excused:
Bordeaux; DiSanto; May; McPherson; Soli; Tulson

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.

SB 94: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the opportunity scholarship program.

Was read the second time.

The question being “Shall SB 94 pass as amended?”

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

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

Nays:
Hunhoff

Excused:
Bordeaux; May; McPherson; Soli; Tulson

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 44: FOR AN ACT ENTITLED, An Act to establish a license for certain gaming equipment manufacturers and distributors and to establish a license fee.

Was read the second time.

The question being “Shall SB 44 pass?”

And the roll being called:

Yeas 53, Nays 10, Excused 7, Absent 0

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

Nays:
Dennert; DiSanto; Frye-Mueller; Goodwin; Howard; Latterell; Livermont; Marty; Pischke; Rasmussen

Excused:
Bordeaux; Heinemann; May; McPherson; Peterson (Sue); Soli; Tulson

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 43: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of limited gaming in Deadwood, South Dakota.

Was read the second time.

The question being “Shall SB 43 pass as amended?”

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Latterell

Excused:
Bordeaux; May; McPherson; Peterson (Sue); Soli; Tulson

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 73: FOR AN ACT ENTITLED, An Act to authorize a vehicle dealer to lease space in the common area of a shopping mall for displaying new vehicles.

Was read the second time.

Rep. Latterell moved that SB 73 be amended as follows:

On page 2, line 3, of the printed bill, after "." insert "The provisions of this section do not apply to a licensed dealer with a principal place of business located on the premises of the shopping mall.".

Which motion prevailed.

The question being “Shall SB 73 pass as amended?”

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

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

Nays:
Dennert

Excused:
Bordeaux; May; McPherson; Soli; Tulson

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.

The House reverted to Order of Business No. 8 - Motions and Resolutions.

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that SB 8 be deferred to Wednesday, February 28, 2018, the 31^st legislative day.

Which motion prevailed.

The House proceeded to Order of Business No. 14 - Second Reading of Senate Bills and Joint Resolutions.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

The question being “Shall SB 164 pass as amended?”

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

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

Excused:
Bordeaux; May; McPherson; Soli; Tulson

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 46: FOR AN ACT ENTITLED, An Act to require school districts to adopt a policy limiting the use of restraint and seclusion.

Was read the second time.

Rep. Holmes moved that SB 46 be amended as follows:

On page 1, line 8, of the House Education Committee engrossed bill, delete "immediately notifying" and insert "notifying, immediately or as soon as is reasonably practicable,".

Which motion lost.

The question being “Shall SB 46 pass as amended?”

And the roll being called:

Yeas 37, Nays 27, Excused 6, Absent 0

Yeas:
Ahlers; Anderson; Barthel; Bartling; Beal; Brunner; Carson; Chase; Conzet; Duvall; Greenfield (Lana); Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Johnson; Kettwig; Lake; Lesmeister; Lust; McCleerey; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Stevens; Turbiville; Wismer

Nays:
Bartels; Campbell; Clark; Dennert; Diedrich; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Haugaard; Howard; Jensen (Kevin); Kaiser; Karr; Latterell; Livermont; Marty; Mills; Peterson (Sue); Pischke; Steinhauer; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 83: FOR AN ACT ENTITLED, An Act to authorize certain patriotic societies access to public schools.

Was read the second time.

The question being “Shall SB 83 pass as amended?”

And the roll being called:

Yeas 58, Nays 6, Excused 6, 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; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

Nays:
Campbell; Howard; Hunhoff; Karr; Stevens; Speaker Mickelson

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 62: FOR AN ACT ENTITLED, An Act to provide for the notification related to a breach of certain data and to provide a penalty therefor.

Was read the second time.

The question being “Shall SB 62 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 59: FOR AN ACT ENTITLED, An Act to authorize the Department of Tourism to permit certain commercial advertising in information centers.

Was read the second time.

The question being “Shall SB 59 pass?”

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

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

Nays:
Howard; Pischke

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 69: FOR AN ACT ENTITLED, An Act to allow certain registration and permit documents to be stored and presented electronically.

Was read the second time.

The question being “Shall SB 69 pass?”

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; 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; McCleerey; Mills; Otten (Herman); Peterson (Kent); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Frye-Mueller; Peterson (Sue)

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 20: FOR AN ACT ENTITLED, An Act to enact the State and Province Emergency Management Assistance Memorandum of Understanding.

Was read the second time.

The question being “Shall SB 20 pass?”

And the roll being called:

Yeas 43, Nays 20, Excused 7, Absent 0

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

Nays:
Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Howard; Kaiser; Karr; Latterell; Livermont; Marty; Peterson (Sue); Pischke; Rasmussen; Rhoden

Excused:
Bordeaux; Conzet; May; McPherson; Rounds; Soli; Tulson

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 117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the partners in education tax credit program.

Was read the second time.

The question being “Shall SB 117 pass?”

And the roll being called:

Yeas 55, Nays 9, Excused 6, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Beal; Brunner; Campbell; Carson; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Turbiville; Wiese; York; Zikmund; Speaker Mickelson

Nays:
Anderson; Bartling; Chase; Hawley; Hunhoff; McCleerey; Otten (Herman); Willadsen; Wismer

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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.

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

Was read the second time.

The question being “Shall SB 151 pass?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the intentional exposure of others to certain diseases.

Was read the second time.

The question being “Shall SB 93 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 96: FOR AN ACT ENTITLED, An Act to designate chislic as the official nosh of the State of South Dakota.

Was read the second time.

The question being “Shall SB 96 pass?”

And the roll being called:

Yeas 45, Nays 19, Excused 6, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Campbell; Carson; Clark; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Hawley; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Lesmeister; Marty; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Rasmussen; Reed; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Wiese; Willadsen; Wismer; York; Zikmund

Nays:
Anderson; Beal; Brunner; Chase; Conzet; Glanzer; Haugaard; Heinemann; Hunhoff; Karr; Lake; Latterell; Livermont; Lust; Mills; Qualm; Rhoden; Turbiville; Speaker Mickelson

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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

Was read the second time.

The question being “Shall SB 165 pass as amended?”

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 185: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal record expungement.

Was read the second time.

The question being “Shall SB 185 pass as amended?”

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Otten (Herman)

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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.

The House reverted to Order of Business No. 8 - Motions and Resolutions.

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that SB 148 be deferred to Wednesday, February 28, 2018, the 31^st legislative day.

Which motion prevailed.

The House proceeded to Order of Business No. 14 - Second Reading of Senate Bills and Joint Resolutions.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 86: FOR AN ACT ENTITLED, An Act to revise certain requirements when a local unit of government sells surplus property through a real estate broker.

Was read the second time.

Rep. Willadsen moved that SB 86 be amended as follows:

On page 1, line 11, of the printed bill, before "as" insert "and the appraised value of the real property from the appraisal report on file with the fiscal offices of the governing body".

Which motion prevailed.

The question being “Shall SB 86 pass as amended?”

And the roll being called:

Yeas 58, Nays 5, Excused 7, Absent 0

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

Nays:
Frye-Mueller; Howard; Marty; Mills; Otten (Herman)

Excused:
Bordeaux; DiSanto; May; McPherson; Rounds; Soli; Tulson

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 125: FOR AN ACT ENTITLED, An Act to clarify the authority of the Government Operations and Audit Committee to issue a subpoena.

Was read the second time.

Rep. Lust moved that SB 125 be amended as follows:

On page 1, line 8, of the printed bill, after "subpoena" insert "for the person, documents, or both".

On page 1, line 10, of the printed bill, after "." insert "However, no subpoena may be issued until the decision to issue a subpoena by the Operations and Audit Committee has been ratified by the Executive Board of the Legislative Research Council.".

Which motion prevailed.

The question being “Shall SB 125 pass as amended?”

And the roll being called:

Yeas 59, Nays 5, Excused 6, Absent 0

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

Nays:
Goodwin; Gosch; Marty; Peterson (Sue); Rasmussen

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 23: FOR AN ACT ENTITLED, An Act to reduce the driver license renewal requirements regarding the submittal of documentation of social security numbers and to update certain references to federal regulations.

Was read the second time.

The question being “Shall SB 23 pass?”

And the roll being called:

Yeas 54, Nays 10, Excused 6, Absent 0

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

Nays:
Dennert; Frye-Mueller; Gosch; Howard; Kaiser; Livermont; Marty; Peterson (Sue); Pischke; Rasmussen

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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 105: FOR AN ACT ENTITLED, An Act to authorize a health care practitioner to administer a toxicology test to an infant under certain circumstances.

Was read the second time.

The question being “Shall SB 105 pass as amended?”

And the roll being called:

Yeas 59, Nays 5, Excused 6, Absent 0

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

Nays:
Dennert; Frye-Mueller; Greenfield (Lana); Peterson (Sue); Pischke

Excused:
Bordeaux; May; McPherson; Rounds; Soli; Tulson

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

Was read the second time.

The question being “Shall SB 70 pass?”

And the roll being called:

Yeas 62, Nays 1, Excused 7, Absent 0

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

Nays:
Peterson (Sue)

Excused:
Bordeaux; Gosch; May; McPherson; Rounds; Soli; Tulson

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 153: FOR AN ACT ENTITLED, An Act to require disclosure of certain fees being imposed by overnight lodging accommodations.

Was read the second time.

The question being “Shall SB 153 pass?”

And the roll being called:

Yeas 62, Nays 1, Excused 7, Absent 0

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

Nays:
Peterson (Sue)

Excused:
Bordeaux; Gosch; May; McPherson; Rounds; Soli; Tulson

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

There being no objection, the House reverted to Order of Business No. 8 - Motions and Resolutions.

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that SCR 15 be referred from the House Committee on Appropriations to the House floor.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1093: FOR AN ACT ENTITLED, An Act to authorize certain insurance transactions and policies in a language other than English.

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding limitations on licensees engaged in the business of making loans.

HB 1107: FOR AN ACT ENTITLED, An Act to revise and repeal various provisions regarding the construction and maintenance of county and township highways and bridges.

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

And signed the same in the presence of the House.

HC 1018 Introduced by: Representatives Rozum and Carson and Senator Klumb

A LEGISLATIVE COMMEMORATION, Honoring the 2017-2018 Mitchell Kernels High School gymnastics team and the students and coaches involved in the gymnastics program.

WHEREAS, the members of the Mitchell Kernels High School gymnastics team have shown exceptional teamwork and solidarity and the team has members ranging from 7th to 12th grade; and

WHEREAS, the 2018 Mitchell Kernels High School gymnastics team won their fifth straight ESD championship by scoring a stellar 145.750 by virtue of outstanding character, sportsmanship, and continued dedication to excellence both on and off the court; and

WHEREAS, four members of the Mitchell Kernels gymnastics team placed within the top ten during the individual competition section of the South Dakota State gymnastics meet; and

WHEREAS, the members of the Mitchell Kernels High School gymnastics team won their fourth AA high school girls gymnastics championship in five years, showing unrelenting leadership and school pride; and

WHEREAS, the Mitchell Kernels High School gymnastics team received superior coaching and outstanding leadership guidance from head coach Audra Rew and assistant coach Christine Wittstruck; and

WHEREAS, the assistant coach of the Mitchell Kernels high school gymnastics team, Christine Wittstruck, was honored by the South Dakota High School Coaches Association as assistant gymnastics coach of the year:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Mitchell Kernels High School gymnastics team be commended for their excellence in athletics and academics for the 2017-2018 school year.

HC 1019 Introduced by: Representatives Schaefer, Bartels, Barthel, Bartling, Beal, Campbell, Chase, Clark, Conzet, Diedrich, DiSanto, Duvall, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Heinemann, Holmes, Jensen (Kevin), Johns, Johnson, Lake, Lesmeister, Livermont, Lust, Marty, May, McCleerey, Mickelson, Mills, Otten (Herman), Peterson (Sue), Rasmussen, Rhoden, Rounds, Rozum, Schoenfish, Steinhauer, Tulson, Turbiville, Wiese, Willadsen, and Zikmund and Senators Frerichs, Bolin, Cronin, Haverly, Kennedy, Kolbeck, Maher, Monroe, Nelson, Peters, Rusch, Soholt, Solano, Stalzer, and Tapio

A LEGISLATIVE COMMEMORATION, To honor and celebrate the 60^th anniversary of the Vermeer Corporation and their contribution to the farming industry.

WHEREAS, Gary Vermeer created a mechanical hoist to help expedite the process of unloading harvested crops from his grain wagons in 1943 and opened the Vermeer Manufacturing Company in 1948; and

WHEREAS, the Vermeer Corporation consists of eight manufacturing plants located just outside of Pella, Iowa, on the same Iowa farmland near where Gary Vermeer designed his first wagon hoist; and

WHEREAS, the company is recognized as a global leader in forage, tree care, wood-waste processing, composting, compact and underground installation equipment. Currently, Vermeer Corporation employs over two thousand people and sells equipment in more than sixty countries; and

WHEREAS, still a family-owned company, Vermeer Corporation has brought many innovations to the market including the stump cutter, tree spade, PTO-powered hammermill, large round baler, hydraulic twin rake, hydrostatic-driven trencher, and reclamation equipment:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature commends and honors Gary Vermeer's accomplishments and the Vermeer Corporation.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 4:34 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk