JOURNAL OF THE HOUSE

NINETY-THIRD SESSION




THIRTY-FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 7, 2018

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

    The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by House pages Abigail Gunderson and Jennifer Malone.

    Roll Call: All members present except Reps. McPherson, Rasmussen, 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 thirty-fourth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
G. Mark Mickelson, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 6, 2018

Mr. Speaker and Members of the House of Representatives:

    I have the honor to inform you that on March 6, 2018, I approved House Bills 1093, 1107, and 1236, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF CONFERENCE COMMITTEES

Cc125a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 125 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 125 be amended as follows:

125de

On page 1, line 12, of the House engrossed bill, before "Operations" insert "Government".

Respectfully submitted,                        Respectfully submitted,
Deb Peters                                    Jean Hunhoff
Senate Committee Chair                        House Committee Chair

Cc1268a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1268 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1268 be amended as follows:


1268wb

On page 1, line 5, of the Senate engrossed bill, delete "three" and insert "ten".

Respectfully submitted,                                    Respectfully submitted,
Elizabeth May                                            Stace Nelson
House Committee Chair                                    Senate Committee Chair

Cc62a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 62 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 62 be amended as follows:

62fb

    On page 2, line 4, of the House Judiciary Committee engrossed bill, delete "retains" and insert "licenses".

Respectfully submitted,                        Respectfully submitted,
Lance Russell                                Tona Rozum
Senate Committee Chair                        House Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1002, 1045, 1109, 1126, 1140, 1172, 1196, 1215, 1252, 1160, 1162, 1257, 1264, 1286, 1297, 1311, and 1313 and HJR 1006 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 1067, 1304, and 1318 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1234 was lost on second reading and final passage.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1170 and 1192 were tabled.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Stevens moved that the House do concur in Senate amendments to HB 1053.

    The question being on Rep. Stevens' motion that the House do concur in Senate amendments to HB 1053.

    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; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; 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; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Haugaard; McPherson; Rasmussen; Soli

    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. Rhoden moved that the House do concur in Senate amendments to HB 1083.

    The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1083.

    And the roll being called:

    Yeas 63, Nays 3, Excused 4, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; 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; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Campbell; Gosch; Kaiser

    Excused:
Haugaard; McPherson; Rasmussen; Soli

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

    Rep. Marty moved that the House do concur in Senate amendments to HB 1139.

    The question being on Rep. Marty's motion that the House do concur in Senate amendments to HB 1139.

    And the roll being called:

    Yeas 63, Nays 3, Excused 4, Absent 0

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

    Nays:
Lust; Rozum; Turbiville

    Excused:
Haugaard; McPherson; Rasmussen; Soli

    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. Howard moved that the House do concur in Senate amendments to HB 1166.

    The question being on Rep. Howard's motion that the House do concur in Senate amendments to HB 1166.

    And the roll being called:

    Yeas 57, Nays 9, Excused 4, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); 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; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

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

    Excused:
Haugaard; McPherson; Rasmussen; Soli

    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. Sue Peterson moved that the House do concur in Senate amendments to HB 1209.

    The question being on Rep. Sue Peterson's motion that the House do concur in Senate amendments to HB 1209.

    And the roll being called:

    Yeas 62, Nays 4, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); 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; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Gosch; Howard; Kaiser; Pischke


    Excused:
Haugaard; McPherson; Rasmussen; Soli

    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. Smith moved that the House do concur in Senate amendments to HB 1293.

    The question being on Rep. Smith's motion that the House do concur in Senate amendments to HB 1293.

    And the roll being called:

    Yeas 52, Nays 15, Excused 3, Absent 0

    Yeas:
Ahlers; Bartels; Barthel; Bartling; Beal; Bordeaux; Carson; Chase; Clark; Conzet; Dennert; Diedrich; Duvall; Frye-Mueller; Glanzer; Greenfield (Lana); Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Lust; Marty; McCleerey; Mills; Peterson (Kent); Peterson (Sue); Qualm; Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

    Nays:
Anderson; Brunner; Campbell; DiSanto; Goodwin; Gosch; Haugaard; Kaiser; Latterell; Livermont; May; Otten (Herman); Pischke; Rhoden; Speaker Mickelson

    Excused:
McPherson; Rasmussen; Soli

    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.

    Speaker Pro tempore Haugaard now presiding.

    Rep. Reed moved that the House do concur in Senate amendments to HB 1162.

    The question being on Rep. Reed's motion that the House do concur in Senate amendments to HB 1162.

    And the roll being called:

    Yeas 58, Nays 9, Excused 3, Absent 0


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

    Nays:
Ahlers; Bartling; Bordeaux; Greenfield (Lana); Hawley; Hunhoff; McCleerey; Stevens; Wismer

    Excused:
McPherson; Rasmussen; Soli

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

    Rep. Reed moved that the House do concur in Senate amendments to HB 1160.

    The question being on Rep. Reed's motion that the House do concur in Senate amendments to HB 1160.

    And the roll being called:

    Yeas 64, Nays 3, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; 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; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Goodwin; Pischke; Rounds

    Excused:
McPherson; Rasmussen; Soli

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


    Rep. Heinemann moved that the House do concur in Senate amendments to HB 1311.

    The question being on Rep. Heinemann's motion that the House do concur in Senate amendments to HB 1311.

    And the roll being called:

    Yeas 52, Nays 15, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Carson; Conzet; Dennert; DiSanto; Glanzer; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Karr; Kettwig; Lesmeister; Livermont; Lust; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring; Rozum; Schaefer; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Campbell; Chase; Clark; Diedrich; Duvall; Frye-Mueller; Goodwin; Howard; Johnson; Kaiser; Lake; Latterell; Marty; Rounds; Schoenfish

    Excused:
McPherson; Rasmussen; Soli

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

    Rep. Mickelson moved that the House do concur in Senate amendments to HJR 1004.

    The question being on Rep. Mickelson's motion that the House do concur in Senate amendments to HJR 1004.

    And the roll being called:

    Yeas 61, Nays 6, Excused 3, Absent 0

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

    Nays:
Ahlers; Bartling; Hawley; McCleerey; Stevens; Wismer



    Excused:
McPherson; Rasmussen; Soli

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

    Rep. Qualm moved that the House do now recess until 2:00 p.m., which motion prevailed and at 12:32 p.m., the House recessed.

RECESS

    The House reconvened at 2:05 p.m., the Speaker presiding.


    Rep. Qualm moved that the House do not concur in Senate amendments to HB 1264 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    Which motion prevailed and the Speaker appointed as such committee Reps. Qualm, Kent Peterson, and Hawley.

    Rep. Livermont moved that the House do concur in Senate amendments to HB 1257.

    The question being on Rep. Livermont's motion that the House do concur in Senate amendments to HB 1257.

    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; 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); Pischke; Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
McPherson; Peterson (Sue); Rasmussen; Soli

    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. Reed moved that the House do concur in Senate amendments to HB 1126.

    The question being on Rep. Reed's motion that the House do concur in Senate amendments to HB 1126.

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; 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; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
McPherson; Rasmussen; Soli

    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. Herman Otten moved that the House do concur in Senate amendments to HB 1140.

    The question being on Rep. Herman Otten's motion that the House do concur in Senate amendments to HB 1140.

    And the roll being called:

    Yeas 52, Nays 14, Excused 4, Absent 0

    Yeas:
Anderson; Bartels; Barthel; 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; Lust; Marty; Otten (Herman); Pischke; Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Bordeaux; Frye-Mueller; Lesmeister; Livermont; May; McCleerey; Mills; Peterson (Sue); Ring; Schoenfish; Smith; Wismer


    Excused:
McPherson; Peterson (Kent); Rasmussen; Soli

    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. Gosch moved that the House do concur in Senate amendments to HB 1297.

    The question being on Rep. Gosch's motion that the House do concur in Senate amendments to HB 1297.

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; 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; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
McPherson; Rasmussen; Soli

    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. Bordeaux moved that the House do concur in Senate amendments to HB 1252.

    The question being on Rep. Bordeaux's motion that the House do concur in Senate amendments to HB 1252.

    And the roll being called:

    Yeas 64, Nays 3, Excused 3, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; 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; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Clark; Pischke; Willadsen

    Excused:
McPherson; Rasmussen; Soli

    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. Gosch moved that the House do concur in Senate amendments to HB 1215.

    The question being on Rep. Gosch's motion that the House do concur in Senate amendments to HB 1215.

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; 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; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
McPherson; Rasmussen; Soli

    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. Rounds moved that the House do concur in Senate amendments to HB 1313.

    The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1313.

    And the roll being called:

    Yeas 64, Nays 3, Excused 3, Absent 0

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

    Nays:
Beal; Gosch; Pischke

    Excused:
McPherson; Rasmussen; Soli

    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. May moved that the House do concur in Senate amendments to HB 1172.

    The question being on Rep. May's motion that the House do concur in Senate amendments to HB 1172.

    And the roll being called:

    Yeas 56, Nays 11, Excused 3, Absent 0

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


    Nays:
Carson; Chase; Glanzer; Johns; Reed; Rounds; Rozum; Schoenfish; Stevens; Turbiville; Willadsen

    Excused:
McPherson; Rasmussen; Soli

    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. Brunner moved that the House do concur in Senate amendments to HB 1109.

    The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1109.

    And the roll being called:

    Yeas 58, Nays 9, Excused 3, Absent 0

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

    Nays:
Ahlers; Campbell; Frye-Mueller; Goodwin; Greenfield (Lana); Johns; Latterell; Marty; Mills

    Excused:
McPherson; Rasmussen; Soli

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

    Rep. Qualm moved that the House do not concur in Senate amendments to HB 1286 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    Which motion prevailed and the Speaker appointed as such committee Reps. Haugaard, Heinemann, and Hawley.


    Rep. Anderson moved that the House do not concur in Senate amendments to HB 1045 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    Which motion prevailed and the Speaker appointed as such committee Reps. Anderson, Hunhoff, and Ahlers.

    Rep. Bartling moved that the House do concur in Senate amendments to HB 1002.

    The question being on Rep. Bartling's motion that the House do concur in Senate amendments to HB 1002.

    And the roll being called:

    Yeas 65, Nays 2, Excused 3, Absent 0

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

    Nays:
Gosch; Pischke

    Excused:
McPherson; Rasmussen; Soli

    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.

    Speaker Pro tempore Haugaard now presiding.

    Rep. Mickelson moved that the House do concur in Senate amendments to HJR 1006.

    The question being on Rep. Mickelson's motion that the House do concur in Senate amendments to HJR 1006.

    And the roll being called:

    Yeas 56, Nays 11, Excused 3, Absent 0


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

    Nays:
Ahlers; Bartling; Bordeaux; Hawley; Lesmeister; Lust; McCleerey; Ring; Smith; Steinhauer; Wismer

    Excused:
McPherson; Rasmussen; Soli

    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. Mickelson moved that the House do concur in Senate amendments to HB 1196.

    The question being on Rep. Mickelson's motion that the House do concur in Senate amendments to HB 1196.

    And the roll being called:

    Yeas 42, Nays 25, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Holmes; Hunhoff; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Latterell; Livermont; Marty; May; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Schaefer; Steinhauer; Tulson; Wiese; Willadsen; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Bordeaux; Brunner; Diedrich; Duvall; Hawley; Howard; Jamison; Karr; Lake; Lesmeister; Lust; McCleerey; Mills; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Stevens; Turbiville; Wismer; York

    Excused:
McPherson; Rasmussen; Soli

    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.


    There being no objection, the House reverted to Order of Business No. 5 - Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1058, 1067, 1155, 1174, 1304, 1318, 1004, 1005, 1114, 1129, 1177, 1188, 1248, 1281, and 1285 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc46a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 46 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 46 be amended as follows:

46jc

    On page 1, line 8, of the House Education Committee engrossed bill, delete "immediately".

46jd

    On page 1, line 12, after "surface" insert ", except when the use is necessary and reasonable in manner and moderate in degree".

    On page 1, line 14, after "room" insert ", unless there is a clear and present danger".

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


    There being no objection, the House proceeded to Order of Business No. 7 - Messages from the Senate.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 29 and has appointed Sens. Maher, White, and Soholt as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Kay Johnson, Secretary

    The Speaker appointed Reps. Rhoden, Lake, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 29.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 77 and has appointed Sens. Langer, Ernie Otten, and Nesiba as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Kay Johnson, Secretary

    The Speaker appointed Reps. Lust, Reed, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 77.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on SB 125 and has appointed Sens. Cronin, Partridge, and Heinert as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Kay Johnson, Secretary
    The Speaker reappointed Reps. Hunhoff, Lust, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 125.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Tidemann, Russell, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1264.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Johns moved that the report of the Conference Committee on HB 1016 as found on page 701 of the House Journal be adopted.

    The question being on Rep. Johns' motion that the report of the Conference Committee on HB 1016 be adopted.

    And the roll being called:

    Yeas 52, Nays 14, Excused 4, Absent 0

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

    Nays:
Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Howard; Kaiser; Karr; Latterell; Livermont; Marty; May; Mills; Pischke

    Excused:
McPherson; Rasmussen; Rhoden; Soli

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


    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Thursday, March 8, 2018, the 36th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the employment of the superintendent of the State School for the Deaf and the South Dakota School for the Blind and the Visually Impaired.

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

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

    HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding rights for crime victims.

    HB 1304: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to petition signatures.

    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.

    HB 1004: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding petition forms for initiated measures and initiated amendments to the Constitution.

    HB 1005: FOR AN ACT ENTITLED, An Act to revise certain requirements for a recitation regarding the effect of a vote on certain ballot measures.

    HB 1114: FOR AN ACT ENTITLED, An Act to establish certain requirements for students enrolling in resident school districts or assigned schools after participating in open enrollment.

    HB 1129: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding full-time equivalent positions.

    HB 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the circulation of a petition for an initiated measure.

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



    HB 1248: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding filing and recording secured transaction records with the Office of the Secretary of State.

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

    HB 1285: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding community safety zones.

    And signed the same in the presence of the House.

    Rep. Ahlers moved that the House do now adjourn, which motion prevailed and at
3:08 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk