JOURNAL OF THE HOUSE

NINETY-THIRD SESSION



THIRTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 6, 2018

    The House convened at 11:30 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of Allegiance led by House pages Brianna Cortes and Steele Fuegen.

    Roll Call: All members present except Reps. Bordeaux, DiSanto, McPherson, Soli, and Turbiville 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 thirty-third 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

March 5, 2018

Mr. Speaker and Members of the House of Representatives:

    I have the honor to inform you that on March 5, 2018, I approved House Bills 1077, 1094, 1101, 1147, 1159, 1173, 1185, and 1213, 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 Joint Committee on Appropriations respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill be amended as follows:


183fa

    On the Joint Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 34A-13-20 be amended to read:

    34A-13-20. A petroleum release compensation and tank inspection fee is imposed upon any petroleum products upon which the fuel excise tax is imposed by §§ 10-47B-5 to 10-47B-10, inclusive, 10-47B-9.1, and 10-47B-13. None of the exemptions from fuel excise tax allowed in § 10-47B-19 apply to this fee. The parties required to pay the fuel excise tax under pursuant to the provisions of §§ 10-47B-21 to 10-47B-26, inclusive, and 10-47B-29 and 10-47B-31 are liable for payment of the petroleum release and tank inspection fee. In cases where the fuel is exempt from the fuel excise tax under the provisions of subdivisions 10-47B-19(1), (3), and (5), the supplier shall pay the fee. Responsibility for payment of the fee ceases if the petroleum product is sold and delivered by a licensed exporter outside of the state. The amount of the fee imposed is twenty dollars per one thousand gallons of petroleum. Beginning January 1, 2003, fifty percent of the The revenue collected pursuant to this section shall be deposited monthly in the ethanol fuel fund and fifty percent of the revenue collected pursuant to this section shall be distributed monthly in the following manner:

            (1)    Beginning in fiscal year 2000 to December 31, 2002, inclusive, fifty percent shall be deposited in the state capital construction fund created in § 5-27-1. Beginning on

January 1, 2003, seventy-eight and seven-tenths percent shall be deposited in the state capital construction fund; and In fiscal year 2019, fifty-five percent shall be deposited in the state capital construction fund, twenty-five percent shall be deposited in the ethanol fuel fund, and twenty percent shall be deposited in the petroleum release compensation fund;

            (2)    Beginning April 1, 2002, to December 31, 2002, inclusive, twenty-nine and one-tenth percent shall be deposited in the petroleum release compensation fund and twenty and nine-tenths percent shall be deposited in the state highway fund. Beginning on January 1, 2003, twenty-one and three-tenths percent shall be deposited in the petroleum release compensation fund In fiscal year 2020, sixty percent shall be deposited in the state capital construction fund, twenty percent shall be deposited in the ethanol fuel fund, nineteen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund as created in § 10-47B-164.1;
            (3)    In fiscal year 2021, sixty-six percent shall be deposited in the state capital construction fund, fifteen percent shall be deposited in the ethanol fuel fund, eighteen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund;
            (4)    In fiscal year 2022, seventy-two percent shall be deposited in the state capital construction fund, ten percent shall be deposited in the ethanol fuel fund, seventeen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund; and
            (5)    Beginning in fiscal year 2023, eighty-one and one-half percent shall be deposited in the state capital construction fund, seventeen percent shall be deposited in the petroleum release compensation fund, and one and one-half percent shall be deposited in the ethanol infrastructure incentive fund.

    Section 2. That chapter 34A-13 be amended by adding a NEW SECTION to read:

    If the balance of the petroleum release compensation fund falls below two million dollars and has additional accounts payable that exceed projected monthly deposits pursuant to section 1 of this Act, a transfer shall be made from the state highway fund to the petroleum release compensation fund in an amount that brings the balance of the petroleum release compensation fund to five million dollars.
    Any balance in the petroleum release compensation fund in excess of six million dollars, after any monthly deposit made pursuant to § 34A-13-20, shall be transferred to the state highway fund.

    Section 3. That § 10-47B-164.1 be amended to read:

    10-47B-164.1. There is hereby established the ethanol infrastructure incentive fund to receive funds transferred from the ethanol fuel fund pursuant to § 10-47B-164 pursuant to § 34A-13-20. Any money in the ethanol infrastructure incentive fund is continuously appropriated for the following purposes:

            (1)    To award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the purpose of entering into contracts for the purchase or installation, or for the purchase and installation, of ethanol blender pumps and associated piping and storage

systems and related equipment to be used at facilities operated by the motor fuel retail dealers for the sale of motor fuel to the public;

            (2)    To award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the purpose of entering into contracts for the purchase, or the purchase, of pumps and pump equipment authorized to dispense gasoline containing up to and including eighty-five percent ethanol;
            (3)    To award incentive grants to encourage the purchase of flex fuel vehicles;
            (4)    To encourage the increased use of ethanol in South Dakota; and
            (5)    To otherwise encourage the installation of infrastructure related to sale and distribution of ethanol.
    The Governor's Office of Economic Development shall establish, by rules promulgated pursuant to chapter 1-26, such regulations and procedures as are necessary to implement this section. For the purposes of this section, the term, ethanol blender pump, refers to a mechanism provided by the retail dealer for the dispensing at retail as defined in § 10-47B-3 of ethanol blend so that the end user may choose a particular grade of ethanol to gasoline to be dispensed. The Governor's Office of Economic Development may use up to five percent of any amount appropriated to the ethanol infrastructure incentive fund for administration of the fund or any incentive programs established by this section.

    Section 4. That chapter 10-47B be amended by adding a NEW SECTION to read:

    Any balance in the ethanol infrastructure incentive fund in excess of one million dollars, after the monthly deposit made pursuant to § 34A-13-20, shall be transferred to the state highway fund.

    Section 5. That § 42-7A-24 be amended to read:

    42-7A-24. Net proceeds from the sale of instant lottery tickets shall be transferred to the state general fund on an annual basis after July first each year. The commission shall maximize the net proceeds to the state from the sale of instant and on-line lottery tickets. In no event may yearly lottery expenses for the sale of lottery tickets, excluding expenditures from retained earnings, exceed the amount of combined net proceeds transferred to the state general fund and the state capital construction fund. Net machine income from video lottery games shall be directly deposited in the general fund upon receipt. Net proceeds are funds in the lottery operating fund which are not needed for the payment of prizes, lottery expenses, and total retained earnings up to one and one-half million dollars cash deemed necessary by the executive director and commission for replacement, maintenance, and upgrade of business systems, product development, legal, and operating contingencies of the lottery.

    In each fiscal year, the commission shall transfer the first one million four hundred thousand dollars from the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the general fund. The commission shall then transfer an amount equal to the remaining net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the state capital construction fund created in § 5-27-1. In fiscal year 2019, the commission shall transfer twenty-five percent of the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the general fund and seventy-five percent of the net proceeds from the sale of on-line lottery tickets shall be transferred to the state capital construction fund created in § 5-27-1. In fiscal year 2020, the commission shall transfer thirty-five percent of the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the general

fund and sixty-five percent of the net proceeds from the sale of on-line lottery tickets shall be transferred to the state capital construction fund created in § 5-27-1. In fiscal year 2021, the commission shall transfer thirty-five percent of the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the general fund and sixty-five percent of the net proceeds from the sale of on-line lottery tickets shall be transferred to the state capital construction fund created in § 5-27-1. In fiscal year 2022, the commission shall transfer fifty percent of the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the general fund and fifty percent of the net proceeds from the sale of on-line lottery tickets shall be transferred to the state capital construction fund created in § 5-27-1. In fiscal year 2023 and each year thereafter, the commission shall transfer seventy percent of the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the general fund and thirty percent of the net proceeds from the sale of on-line lottery tickets shall be transferred to the state capital construction fund created in § 5-27-1.

    Section 6. That § 5-27-1 be amended to read:

    5-27-1. There is hereby established within the state treasury the state capital construction fund into which shall be deposited the remaining net proceeds to the state from the sale of on-line lottery tickets after the first one million four hundred thousand dollars is deposited into the general fund pursuant to § 42-7A-24, and such other revenues as the Legislature may designate. The fund shall be a participating fund and shall be credited for all interest earned on fund balances. Expenditures from the fund shall be made only upon approval by the Legislature.

    Section 7. That § 5-27-4 be amended to read:

    5-27-4. During fiscal year 1999, the Bureau of Finance and Management shall transfer each month twenty-four and two-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the ethanol fuel fund. Beginning in fiscal year 2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each month thirty-three and one-quarter percent of the monthly state capital construction fund revenues from the state capital construction fund to the ethanol fuel fund. Beginning on January 1, 2003 In fiscal year 2019, the Bureau of Finance and Management shall transfer each month twenty-five and six-tenths twenty-one and one-half percent of the monthly state capital construction fund revenues from the state capital construction fund to the ethanol fuel fund. In fiscal year 2020, the Bureau of Finance and Management shall transfer each month fifteen percent of the monthly state capital construction fund revenues for the state capital construction fund to the ethanol fuel fund. In fiscal year 2021, the Bureau of Finance and Management shall transfer each month ten percent of the monthly state capital construction fund revenues for the state capital construction fund to the ethanol fuel fund. In fiscal year 2022, the Bureau of Finance and Management shall transfer each month five percent of the monthly state capital construction fund revenues for the state capital construction fund to the ethanol fuel fund.

    Section 8. That § 5-27-5 be amended to read:

    5-27-5. During fiscal year 1999, the Bureau of Finance and Management shall transfer each month three and six-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. Beginning in fiscal year 2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall

transfer each month three and one-half percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. Beginning on January 1, 2003 In fiscal year 2019, the Bureau of Finance and Management shall transfer each month two and six-tenths fourteen and one-half percent of the monthly state capital construction fund revenues from the state capital construction fund to the state highway fund. In fiscal year 2020, the Bureau of Finance and Management shall transfer each month twenty-three percent of the monthly state capital construction fund revenues for the state capital construction fund to the state highway fund. In fiscal year 2021, the Bureau of Finance and Management shall transfer each month twenty-nine percent of the monthly state capital construction fund revenues for the state capital construction fund to the state highway fund. In fiscal year 2022, the Bureau of Finance and Management shall transfer each month thirty-four percent of the monthly state capital construction fund revenues for the state capital construction fund to the state highway fund. Beginning in fiscal year 2023 and each year thereafter, the Bureau of Finance and Management shall transfer each month thirty-six percent of the monthly state capital construction fund revenues from the state capital construction fund to the state highway fund.

    Section 9. That § 5-27-6 be amended to read:

    5-27-6. During fiscal year 1999 2019, the Bureau of Finance and Management shall transfer each month seventy-two and two-tenths sixty-four percent of the monthly state capital construction fund revenues from the state capital construction fund to the water and environment fund. Beginning in fiscal year 2000 to December 31, 2002, inclusive In fiscal year 2020, the Bureau of Finance and Management shall transfer each month sixty-three and one-quarter sixty-two percent of the monthly state capital construction fund revenues from the state capital construction fund to the water and environment fund. Beginning on January 1, 2003 In fiscal year 2021, the Bureau of Finance and Management shall transfer each month sixty-one percent of the monthly state capital construction fund revenues from the state capital construction fund to the water and environment fund. In fiscal year 2022, the Bureau of Finance and Management shall transfer each month seventy-one and eight-tenths sixty-one percent of the monthly state capital construction fund revenues from the state capital construction fund to the water and environment fund. Beginning in fiscal year 2023 and each year thereafter, the Bureau of Finance and Management shall transfer each month sixty-four percent of the monthly state capital construction fund revenues from the state capital construction fund to the water and environment fund.

    Section 10. That § 10-47B-162 to 10-47B-164, inclusive, be repealed.

    Section 11. That §§ 10-47B-165 and 10-47B-166 be repealed.

    Section 12. Sections 10 and 11 of this Act are effective on July 1, 2022.

    Section 13. Pursuant to the General Appropriations Act, six hundred fifty thousand dollars will be annually transferred to the precision agriculture fund from the revenues generated by this Act until the first day of the fiscal year following a determination by the Board of Regents that the bonds financing the precision agriculture classroom and laboratory building are satisfied and paid in full."


183fta

    On page 1, line 1, of the Joint Appropriations Committee engrossed bill, delete everything after "Act to" and insert "provide funds to the precision agriculture fund by revising the allocation of petroleum release compensation and inspection fee revenues and online lottery revenues and to repeal the ethanol fuel fund.".

    On page 1, delete lines 2 to 4, inclusive.

    And that as so amended said bill do pass.

Respectfully submitted,
David L. Anderson, Co-Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1012, 1070, 1137, 1157, 1163, 1168, 1178, and 1183 were delivered to his Excellency, the Governor, for his approval at 11:00 a.m., March 6, 2018.

Respectfully submitted,
G. Mark Mickelson, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc1016a

MR. SPEAKER:

        The Conference Committee respectfully reports that it has considered HB 1016 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1016 be amended as follows:

1016ce

    On page 3 of the Senate engrossed bill, delete lines 19 to 24, inclusive, and insert:

            "(5)    Colorado Technical University;
            (6)(7)    Dakota State University;
            (7)(8)    Dakota Wesleyan University;
            (9)    ELS Educational Services, Inc. (d/b/a ELS Language Centers);
            (8)    Globe University;
            (10)    Headlines Academy;".
    On page 4, delete lines 1 to 20, inclusive, and insert:

            "(11)    Hot Rod Institute;
            (12)    John Witherspoon College;
            (9)    Kilian Community College;
            (10)(13)    Lake Area Technical Institute;
            (11)(14)    Mitchell Technical Institute;
            (12)(15)    Mount Marty College;
            (13)(16)    National American University;
            (14)(17)    Northern State University;
            (15)(18)    Presentation College;
            (16)(19)    Sanford Medical Center;
            (17)(20)    Sioux Falls Seminary;
            (18)(21)    South Dakota School of Mines and Technology;
            (19)(22)    South Dakota State University;
            (20)(23)    Southeast Technical Institute;
            (24)    Southwest Minnesota State University;
            (25)    Stewart School;
            (21)(26)    University of Sioux Falls;
            (22)(27)    University of South Dakota; and
            (23)(28)    Western Dakota Technical Institute.".

Respectfully submitted,            Respectfully submitted,
Timothy Johns                Jim Bolin
House Committee Chair            Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1053, 1083, 1139, 1166, 1209, and 1293 which have 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 1004, 1005, 1114, 1129, 1177, 1281, 1285, and 1188 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1132 and 1282 were lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1200 was deferred to the
41st legislative day.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1308 was tabled.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 8, 146, 155, and 178.

Respectfully,
Kay Johnson, Secretary

    There being no objection, the House proceeded to Order of Business No. 9 - Consideration of Reports of Committees.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 77 as found on page 676 of the House Journal; also

    State Affairs on SB 81 as found on page 678 of the House Journal; also

    Commerce and Energy on SB 169 as found on page 679 of the House Journal; also

    Education on SCR 17 as found on page 679 of the House Journal be adopted.

    Which motion prevailed.

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


MOTIONS AND RESOLUTIONS

    Rep. Mickelson moved that the House do concur in Senate amendments to HB 1174.

    The question being on Rep. Mickelson's motion that the House do concur in Senate amendments to HB 1174.

    And the roll being called:

    Yeas 65, Nays 0, Excused 4 5, Absent 0 (Journal correction: See page 785 of the House Journal.)

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

    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

    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. Johns moved that the House do concur in Senate amendments to HB 1058.

    The question being on Rep. Johns' motion that the House do concur in Senate amendments to HB 1058.

    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; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Rounds


    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

    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. Ahlers moved that the House do concur in Senate amendments to HB 1155.

    The question being on Rep. Ahlers' motion that the House do concur in Senate amendments to HB 1155.

    And the roll being called:

    Yeas 62, Nays 3, Excused 5, 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; 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; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Howard; Rasmussen; Willadsen

    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

    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.

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

    Was read the second time.

    Rep. Ahlers moved that SCR 17 as found on page 600 of the Senate Journal and as amended on page 679 of the House Journal be concurred in as amended.

    The question being on Rep. Ahlers' motion that SCR 17 be concurred in as amended.

    And the roll being called:

    Yeas 62, Nays 3, Excused 5, 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; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Pischke; Rasmussen; Willadsen

    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 17 was concurred in as amended.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the assistance provided to counties by state firefighting resources.

    Was read the second time.

    The question being “Shall SB 68 pass?”

    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; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

    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

    SB 169: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confections that contain alcohol and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 169 pass as amended?”

    And the roll being called:

    Yeas 60, Nays 5, Excused 5, Absent 0

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

    Nays:
Glanzer; Haugaard; Johnson; Lust; Mills

    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

    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 166: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the inspection of moisture and protein-measuring devices.

    Was read the second time.

    The question being “Shall SB 166 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; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

    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 29: FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize an expedited registration fee.

    Was read the second time.

    The question being “Shall SB 29 pass as amended?”

    And the roll being called:

    Yeas 58, Nays 7, Excused 5, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Brunner; Campbell; Carson; Chase; Clark; Conzet; Diedrich; Duvall; Glanzer; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; 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; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Dennert; Frye-Mueller; Goodwin; Howard; Kaiser; Latterell; May

    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

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

    The question being on the title.

29fta

    Rep. Rhoden moved that the title to SB 29 be amended as follows:

    On page 1, line 2, of the House Agriculture and Natural Resources Committee engrossed bill, delete "a brand registration application fee and".

    Which motion prevailed and the title was so amended.

SB 187: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the licensing of wine manufacturers.

    Was read the second time.

    The question being “Shall SB 187 pass as amended?”

    And the roll being called:

    Yeas 58, Nays 7, Excused 5, 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); Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Lust; Marty; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Stevens; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Haugaard; Kaiser; Latterell; Livermont; May; Pischke; Steinhauer

    Excused:
Bordeaux; DiSanto; McPherson; Soli; Turbiville

    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 77: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding information provided to ballot question committees.

    Was read the second time.

    The question being “Shall SB 77 pass as amended?”

    And the roll being called:

    Yeas 57, Nays 9, Excused 4, Absent 0

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

    Nays:
Brunner; Goodwin; Howard; Kaiser; Livermont; Marty; May; Pischke; York

    Excused:
Bordeaux; McPherson; Soli; Turbiville

    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 81: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the building South Dakota fund and the programs funded thereunder.

    Was read the second time.

    The question being “Shall SB 81 pass?”

    And the roll being called:

    Yeas 47, Nays 19, Excused 4, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Bartling; Beal; Carson; Chase; Conzet; Diedrich; Duvall; Glanzer; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lesmeister; Lust; McCleerey; Mills; Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Kaiser; Karr; Livermont; Marty; May; Otten (Herman); Pischke

    Excused:
Bordeaux; McPherson; Soli; Turbiville


    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 204: FOR AN ACT ENTITLED, An Act to create and designate Peter Norbeck Day as a working holiday.

    Was read the second time.

    The question being “Shall SB 204 pass?”

    And the roll being called:

    Yeas 63, Nays 3, Excused 4, 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; 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; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Howard; Kaiser; Pischke

    Excused:
Bordeaux; McPherson; Soli; Turbiville

    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 173: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding microbreweries and malt beverage manufacturers.

    Was read the second time.

    The question being “Shall SB 173 pass as amended?”

    And the roll being called:

    Yeas 63, Nays 3, Excused 4, Absent 0

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

    Nays:
Beal; Gosch; Haugaard

    Excused:
Bordeaux; McPherson; Soli; Turbiville

    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 Speaker announced a change in the House Conference Committee on SB 62. The committee should now be Reps. Rozum, Stevens, and Wismer.

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1106: FOR AN ACT ENTITLED, An Act to authorize hunting preference points to be granted to persons age ten years or older.

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

    SB 80: FOR AN ACT ENTITLED, An Act to establish term limits for members of the Board of Regents.

    SB 89: FOR AN ACT ENTITLED, An Act to establish term limits for members of the Board of Education Standards.

    SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of taxes and fees before transferring title of mobile homes or manufactured homes.

    SB 9: FOR AN ACT ENTITLED, An Act to require fiscal notes for certain initiated measures and initiated amendments to the Constitution.

    SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period during which petition sponsors may submit ballot measures to the Legislative Research Council for review and comment.

    SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the director of the Legislative Research Council issuing fiscal notes for certain ballot measures.

    SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the inspections of large passenger vehicles used by nonprofit organizations.

    SB 97: FOR AN ACT ENTITLED, An Act to provide a special motor vehicle license plate for certain women veterans.

    SB 148: FOR AN ACT ENTITLED, An Act to revise the list of organizations that may approve and accredit a nonpublic school.

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

    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.

    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.

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

    SB 144: FOR AN ACT ENTITLED, An Act to revise certain provisions related to party affiliation on voter registration cards.

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

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

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

    SB 212: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Bureau of Information and Telecommunications assistance to schools.

    And signed the same in the presence of the House.

    Rep. Qualm moved that the House do now recess until 4:30 p.m., which motion prevailed and at 12:58 p.m., the House recessed.

RECESS

    The House reconvened at 4:35 p.m., the Speaker presiding.
    

HONORED GUESTS

    Speaker Mickelson introduced Billy Mills, U.S. Olympic gold medalist, U.S. Marine Corps veteran, and member of the Oglala Sioux Tribe, who was honored in HCR 1010 as shown on page 368 of the House journal.


    Speaker Pro tempore Haugaard now presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 183: FOR AN ACT ENTITLED, An Act to provide funds to the precision agriculture fund by revising the allocation of petroleum release compensation and inspection fee revenues and online lottery revenues and to repeal the ethanol fuel fund.

    Was read the second time.

183fb

    Rep. Latterell moved that SB 183 be amended as follows:

    On page 4, line 9, of the Joint Appropriations Committee engrossed bill, overstrike everything after "(3)" .

    On page 4, line 10, overstrike "(4)".

    On page 4, line 11, overstrike "(5)" and insert "(4)".

    Which motion lost.

    The question being “Shall SB 183 pass as amended?”

    And the roll being called:

    Yeas 53, Nays 13, Excused 4, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Glanzer; Gosch; Greenfield (Lana); 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; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Brunner; Campbell; Frye-Mueller; Goodwin; Haugaard; Howard; Kaiser; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke

    Excused:
Bordeaux; McPherson; Soli; Turbiville

    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. Qualm moved that when we adjourn today, we adjourn to convene at 11:30 a.m., on Wednesday, March 7, 2018, the 35th legislative day.

    Which motion prevailed.

    Speaker Mickelson now presiding.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:50 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk