The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of
Allegiance led by House pages Michael Garofalo and Brody Wilson.
Roll Call: All members present except Reps. Frye-Mueller and Randolph who were
excused.
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-eighth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1021, 1067, and 1159 and finds the same correctly
enrolled.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 59 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 75, 76, 77, and 90 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 55 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 16 and 113 and returns the same with the recommendation that said bills do
pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 18 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 Commerce and Energy respectfully reports that it has had under
consideration SB 64 and returns the same with the recommendation that said bill be amended
as follows:
" Section 1. That chapter 49-41B be amended by adding a NEW SECTION to read:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 137 and returns the same with the recommendation that said bill be referred
to the Committee on Health and Human Services.
The Committee on Judiciary respectfully reports that it has had under consideration SB 45
and 143 and returns the same with the recommendation that said bills do pass and be placed on
the consent calendar.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 70
and returns the same with the recommendation that said bill be amended as follows:
I have the honor to transmit herewith SB 52 and 187 which have passed the Senate and
your favorable consideration is respectfully requested.
I have the honor to return herewith HCR 1004 in which the Senate has concurred.
I have the honor to return herewith HB 1021, 1067, and 1159 which have passed the Senate
without change.
Also MR. SPEAKER:
I have the honor to inform your honorable body that HB 1088 was lost for failure to be
placed on the Senate calendar.
Rep. Hansen moved that HR 1003 be deferred to Wednesday, February 27, 2019, the
31st legislative day.
Which motion prevailed.
Rep. Livermont moved that HCR 1007 be deferred to Tuesday, February 26, 2019, the
30th legislative day.
Which motion prevailed.
Rep. Rounds moved that SB 137 be referred from the Committee on Commerce and
Energy to the Committee on Health and Human Services.
Which motion prevailed.
Rep. Qualm moved that the reports of the Standing Committees on
Commerce and Energy on HB 1084 and HB 1090 as found on page 477 and HB 1219 as
found on Page 478 of the House Journal; also
Judiciary on HB 1130 as found on page 486, HB 1132 as found on page 488, HB 1193 as
found on page 494, HB 1195 as found on page 495, and HB 1272 as found on page 498 of the
House Journal; also
No motion having been made for the disposition of HB 1028, pursuant to Joint Rule 6F-6,
the bill was declared lost.
Rep. Qualm moved that HB 1225 be placed on today's calendar.
The question being on Rep. Qualm's motion that HB 1225 be placed on today's calendar.
And the roll being called:
Yeas 37, Nays 28, Excused 5, Absent 0
Yeas:
Anderson; Beal; Brunner; Deutsch; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross;
Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont;
Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post;
Qualm; Rasmussen; Reimer; St John; Weis; Wiese; York; Zikmund; Haugaard
Nays:
Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Diedrich; Duba; Duvall; Healy;
Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Olson; Peterson (Kent);
Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen
Excused:
Dennert; Frye-Mueller; Marty; Randolph; Steele
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1225 was so placed.
SB 52: FOR AN ACT ENTITLED, An Act to require a survey to determine the adequacy
of civics and history instruction in accredited schools.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Transportation.
HB 1090: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
exercise of certain powers over certain property.
HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
surplus line insurance.
HB 1272: FOR AN ACT ENTITLED, An Act to provide for remote notarization.
HB 1093: FOR AN ACT ENTITLED, An Act to establish legal standards applicable to
petition challenges.
The question being "Shall HB 1090, 1219, 1272, and 1093 pass as amended?"
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross;
Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson
(David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; McCleerey; Mills; Milstead;
Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke;
Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith
(Jamie); St John; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Excused:
Dennert; Frye-Mueller; Marty; Randolph; Steele
So the bills having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bills passed and the titles were agreed to.
HB 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
tobacco products.
Was read the second time.
Rep. Rounds rose to a point of order that Rep. Perry was speaking to an amendment which
has not yet been moved. Speaker sustained Rep. Rounds' point of order. Rep. Pischke rose to
move the amendment to HB 1209.
" Section 1. That § 34-46-1 be amended to read:
34-46-1. Terms used in this chapter mean:
34-46-14. No person may smoke tobacco product or carry any lighted tobacco product in any
public place or place of employment. A violation of this section is a petty offense.
Section 3. That § 34-46-20 be amended to read:
34-46-20. For the purposes of §§ 34-46-2 to 34-46-6, inclusive, and 34-46-21 this chapter,
the term, tobacco product, includes vapor product. The term, vapor product, means any
noncombustible product containing nicotine that employs a heating element, power source,
electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or
size, that can be used to produce vapor from nicotine in a solution or other form. The term,
vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe, or similar product or device and any vapor cartridge or other container of nicotine in a
solution or other form that is intended to be used with or in an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, electronic smoking device, or similar product or
device. The term, vapor product, does not include any product approved by the United States
Food and Drug Administration for sale as tobacco cessation products and marketed and sold
solely for that purpose. "
Which motion prevailed.
The question being "Shall HB 1209 pass as amended?"
And the roll being called:
Yeas 48, Nays 19, Excused 3, Absent 0
Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Dennert; Deutsch; Diedrich;
Duba; Duvall; Finck; Glanzer; Goodwin; Greenfield (Lana); Gross; Hammock; Healy; Hunhoff;
Jensen (Kevin); Johns; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Mills; Milstead;
Miskimins; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Post; Pourier; Rasmussen;
Reed; Ring; Saba; Smith (Jamie); St John; Steele; Sullivan; Wiese; York; Zikmund; Haugaard
Excused:
Frye-Mueller; Marty; Randolph
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Which motion prevailed and the title was so amended.
HB 1230: FOR AN ACT ENTITLED, An Act to add clergy to the list of mandatory
reporters for suspected child abuse or neglect.
Was read the second time.
Which motion prevailed.
The question being "Shall HB 1230 pass as amended?"
Yeas 33, Nays 34, Excused 3, Absent 0
Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Cwach; Deutsch; Diedrich; Duba; Duvall;
Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Milstead; Miskimins;
Olson; Otten (Herman); Peterson (Kent); Pourier; Rasmussen; Reed; Reimer; Ring; Saba;
Schoenfish; Smith (Jamie); Sullivan; Willadsen; Zikmund
Nays:
Beal; Brunner; Chaffee; Chase; Dennert; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana);
Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell;
Livermont; Mills; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm; Rounds; St John;
Steele; Weis; Wiese; York; Haugaard
Excused:
Frye-Mueller; Marty; Randolph
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Healy announced her intention to reconsider the vote by which HB 1230 lost.
HB 1232: FOR AN ACT ENTITLED, An Act to lower the compulsory age for school
attendance.
Was read the second time.
The question being "Shall HB 1232 pass?"
And the roll being called:
Yeas 27, Nays 40, Excused 3, Absent 0
Yeas:
Beal; Brunner; Dennert; Gosch; Greenfield (Lana); Gross; Howard; Johnson (Chris); Koth;
Livermont; Mills; Milstead; Miskimins; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm;
Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; Haugaard
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Deutsch; Diedrich;
Duba; Duvall; Finck; Glanzer; Goodwin; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin);
Johns; Johnson (David); Karr; Lake; Latterell; Lesmeister; McCleerey; Olson; Otten (Herman);
Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen;
York; Zikmund
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
There being no objection, the House reverted to Order of Business No. 8 - Motions and
Resolutions.
Earlier today, Rep. Healy announced her intention to reconsider the vote by which
HB 1230 lost.
Rep. Healy moved that the House do now reconsider the vote by which HB 1230 lost, and
be immediately reconsidered.
The question being on Rep. Healy's motion to reconsider the vote by which HB 1230 lost,
and be immediately reconsidered.
And the roll being called:
Yeas 28, Nays 39, Excused 3, Absent 0
Yeas:
Barthel; Bordeaux; Cwach; Diedrich; Duba; Finck; Goodwin; Healy; Hunhoff; Johns; Koth;
Lesmeister; McCleerey; Milstead; Miskimins; Olson; Otten (Herman); Peterson (Kent); Pourier;
Reimer; Ring; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; York; Zikmund
Nays:
Anderson; Bartels; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch; Duvall;
Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin);
Johnson (Chris); Johnson (David); Karr; Lake; Latterell; Livermont; Mills; Mulally; Perry;
Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reed; Rounds; Steele; Weis; Wiese;
Willadsen; Haugaard
Excused:
Frye-Mueller; Marty; Randolph
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
HB 1270: FOR AN ACT ENTITLED, An Act to protect the teaching of certain scientific
information.
Was read the second time.
The question being "Shall HB 1270 pass?"
And the roll being called:
Yeas 21, Nays 46, Excused 3, Absent 0
Yeas:
Brunner; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Johnson (Chris); Latterell;
Livermont; Mills; Milstead; Mulally; Perry; Peterson (Sue); Pischke; Rasmussen; St John;
Steele; Weis; Wiese; Haugaard
Nays:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert;
Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gross; Healy; Hunhoff; Jensen
(Kevin); Johns; Johnson (David); Karr; Koth; Lake; Lesmeister; McCleerey; Miskimins; Olson;
Otten (Herman); Peterson (Kent); Post; Pourier; Qualm; Reed; Reimer; Ring; Rounds; Saba;
Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund
Excused:
Frye-Mueller; Marty; Randolph
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Speaker Pro tempore Gosch now presiding.
HB 1251: FOR AN ACT ENTITLED, An Act to license out-of-state multi-jurisdictional
totalizator hubs and distribute source market fees to the special racing revolving fund and the
South Dakota-bred racing fund.
Was read the second time.
The question being "Shall HB 1251 pass as amended?"
Yeas 45, Nays 22, Excused 3, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert;
Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Healy; Hunhoff;
Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Lake; Lesmeister; Livermont;
McCleerey; Miskimins; Otten (Herman); Perry; Peterson (Kent); Pischke; Pourier; Qualm;
Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Weis
Nays:
Brunner; Deutsch; Gross; Hammock; Hansen; Howard; Koth; Latterell; Mills; Milstead;
Mulally; Olson; Peterson (Sue); Post; Rasmussen; Reimer; Steele; Wiese; Willadsen; York;
Zikmund; Haugaard
Excused:
Frye-Mueller; Marty; Randolph
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost.
Rep. Rounds announced his intention to reconsider the vote by which HB 1251 lost.
HB 1173: FOR AN ACT ENTITLED, An Act to permit the possession of firearms by
certain employees.
Was read the second time.
Which motion prevailed.
The question being "Shall HB 1173 pass as amended?"
And the roll being called:
Yeas 32, Nays 36, Excused 2, Absent 0
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Dennert; Diedrich; Duba;
Duvall; Goodwin; Healy; Hunhoff; Johns; Johnson (David); Karr; Koth; Lake; Lesmeister;
McCleerey; Milstead; Miskimins; Olson; Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba;
Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund
Excused:
Frye-Mueller; Randolph
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
There being no objection, the House reverted to Order of Business No. 8 - Motions and
Resolutions.
Earlier today, Rep. Rounds announced his intention to reconsider the vote by which
HB 1251 lost.
Rep. Rounds moved that the House do now reconsider the vote by which HB 1251 lost,
and be immediately reconsidered.
The question being on Rep. Rounds' motion to reconsider the vote by which HB 1251 lost,
and be immediately reconsidered.
And the roll being called:
Yeas 44, Nays 24, Excused 2, Absent 0
Yeas:
Bartels; Barthel; Beal; Bordeaux; Chaffee; Cwach; Dennert; Diedrich; Duba; Duvall; Finck;
Glanzer; Goodwin; Gosch; Greenfield (Lana); Hansen; Healy; Howard; Hunhoff; Jensen
(Kevin); Johnson (Chris); Karr; Lake; Lesmeister; Livermont; Marty; McCleerey; Miskimins;
Mulally; Otten (Herman); Perry; Peterson (Kent); Pischke; Pourier; Qualm; Ring; Rounds;
Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Weis; York
Excused:
Frye-Mueller; Randolph
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1251 was up for reconsideration and final passage.
The question being "Shall HB 1251 pass as amended?"
And the roll being called:
Yeas 49, Nays 18, Excused 3, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert;
Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hansen; Healy;
Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Lake; Lesmeister;
Livermont; Marty; McCleerey; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent);
Pischke; Pourier; Qualm; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John;
Sullivan; Weis; York
Nays:
Brunner; Deutsch; Gross; Hammock; Howard; Koth; Latterell; Mills; Milstead; Peterson (Sue);
Post; Rasmussen; Reimer; Steele; Wiese; Willadsen; Zikmund; Haugaard
Excused:
Frye-Mueller; Olson; Randolph
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.
There being no objection, the House proceeded to Order of Business No. 13 - Second
Reading of House Bills and Joint Resolutions.
HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the voters at the next
general election an amendment to the Constitution of the State of South Dakota regarding
appointments to fill legislative vacancies.
Was read the second time.
" § 10. The Governor shall make appointments to fill such vacancies as may occur in either
house of the Legislature If a vacancy occurs in either house of the Legislature, the central
committee of the party with which the vacating person was affiliated shall appoint another to
fill the vacancy. If the person had no party affiliation, the vacancy shall be filled by the
Governor. ".
Which motion prevailed.
The question being "Shall HJR 1001 pass as amended?"
And the roll being called:
Yeas 42, Nays 25, Excused 3, Absent 0
Yeas:
Beal; Bordeaux; Brunner; Dennert; Deutsch; Duba; Goodwin; Gosch; Hammock; Healy;
Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Lesmeister;
Livermont; Marty; McCleerey; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson
(Sue); Pischke; Post; Pourier; Qualm; Reimer; Ring; Saba; Smith (Jamie); St John; Steele;
Sullivan; Weis; Wiese; York; Haugaard
Nays:
Anderson; Bartels; Barthel; Borglum; Chaffee; Chase; Cwach; Diedrich; Duvall; Finck;
Glanzer; Greenfield (Lana); Gross; Hansen; Hunhoff; Johns; Lake; Milstead; Peterson (Kent);
Rasmussen; Reed; Rounds; Schoenfish; Willadsen; Zikmund
Excused:
Frye-Mueller; Olson; Randolph
There being no objection, the House reverted to Order of Business No. 5 - Reports of
Standing Committees.
The Joint Committee on Appropriations respectfully reports that it has had under
consideration HB 1212 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration HB 1256 and returns the same with the recommendation that said bill be amended
as follows:
" Section 4. That § 10-18A-5 be amended to read:
10-18A-5. The amount of refund of real property taxes due or paid for a single-member
household made pursuant to this chapter shall be according to the following schedule:
The refund of real | ||
If household income is | property taxes due | |
more than: | but less than | or paid shall be |
$ 0 |
$ |
35% |
|
|
34% |
|
|
33% |
|
|
32% |
|
|
31% |
|
|
30% |
|
|
29% |
|
|
28% |
|
|
27% |
|
|
26% |
|
|
25% |
|
|
24% |
|
|
23% |
|
|
22% |
|
|
21% |
|
|
20% |
|
|
19% |
|
|
18% |
|
|
17% |
|
|
16% |
|
|
15% |
|
|
14% |
|
|
13% |
|
|
12% |
|
|
11% |
over |
No refund |
10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member
household made pursuant to this chapter shall be according to the following schedule:
The refund of real | ||
If household income is | property taxes due | |
more than: | but not more than | or paid shall be |
$ 0 |
$ |
55% |
|
|
53% |
|
|
51% |
|
|
49% |
|
|
47% |
|
|
45% |
|
|
43% |
|
|
41% |
|
|
39% |
|
|
37% |
|
|
35% |
|
|
33% |
|
|
31% |
|
|
29% |
|
|
27% |
|
|
25% |
|
|
23% |
|
|
21% |
|
|
19% |
over |
No refund |
10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a
household consisting solely of one person shall be determined as follows:
10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a
household consisting of more than one person shall be determined as follows:
There being no objection, the House proceeded to Order of Business No. 13 - Second
Reading of House Bills and Joint Resolutions.
HB 1084: FOR AN ACT ENTITLED, An Act to provide for specific classification of
affordable housing structures for purposes of taxation.
Was read the second time.
Which motion prevailed.
The question being "Shall HB 1084 pass as amended?"
And the roll being called:
Yeas 38, Nays 29, Excused 3, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall;
Finck; Glanzer; Gosch; Healy; Hunhoff; Johns; Koth; Lake; Lesmeister; McCleerey; Milstead;
Miskimins; Otten (Herman); Perry; Peterson (Kent); Pourier; Qualm; Reed; Reimer; Ring; Saba;
Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund
Nays:
Brunner; Chaffee; Dennert; Deutsch; Goodwin; Greenfield (Lana); Gross; Hammock; Hansen;
Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Latterell; Livermont; Marty;
Mills; Mulally; Peterson (Sue); Pischke; Post; Rasmussen; Rounds; St John; Steele; Weis;
Wiese; Haugaard
Excused:
Frye-Mueller; Olson; Randolph
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1130: FOR AN ACT ENTITLED, An Act to revise provisions regarding certain
Class 2 misdemeanors.
Was read the second time.
The question being "Shall HB 1130 pass as amended?"
And the roll being called:
Yeas 37, Nays 31, Excused 2, Absent 0
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Deutsch; Duba;
Duvall; Glanzer; Healy; Hunhoff; Johns; Lake; Lesmeister; McCleerey; Milstead; Mulally;
Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan;
Willadsen; York
Excused:
Frye-Mueller; Randolph
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
treatment of alcohol and drug abuse.
Was read the second time.
The question being "Shall HB 1132 pass as amended?"
And the roll being called:
Yeas 43, Nays 24, Excused 3, Absent 0
Yeas:
Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Diedrich; Duvall; Finck;
Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Hunhoff; Jensen (Kevin); Johns; Johnson
(Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Mills; Milstead; Miskimins; Perry;
Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Rounds; St John; Steele;
Weis; Wiese; York; Zikmund; Haugaard
Nays:
Anderson; Bordeaux; Cwach; Deutsch; Duba; Goodwin; Hansen; Healy; Howard; Lake;
Lesmeister; McCleerey; Mulally; Olson; Otten (Herman); Pourier; Reed; Reimer; Ring; Saba;
Schoenfish; Smith (Jamie); Sullivan; Willadsen
Excused:
Frye-Mueller; Marty; Randolph
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.
Was read the second time.
The question being "Shall HB 1193 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield
(Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson
(Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring;
Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen;
York; Zikmund; Haugaard
Excused:
Frye-Mueller; Randolph
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1195: FOR AN ACT ENTITLED, An Act to revise provisions regarding juvenile
justice.
Was read the second time.
The question being "Shall HB 1195 pass as amended?"
And the roll being called:
Yeas 51, Nays 17, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Brunner; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duba;
Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Howard;
Jensen (Kevin); Johnson (Chris); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post;
Qualm; Rasmussen; Reed; Reimer; Rounds; Schoenfish; St John; Steele; Weis; Wiese; York;
Zikmund; Haugaard
Excused:
Frye-Mueller; Randolph
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 Haugaard now presiding.
HB 1177: FOR AN ACT ENTITLED, An Act to require the performance of a sonogram
prior to an abortion.
Was read the second time.
The question being "Shall HB 1177 pass as amended?"
And the roll being called:
Yeas 59, Nays 9, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch;
Diedrich; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock;
Hansen; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr;
Koth; Lake; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten
(Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reed;
Reimer; Ring; Rounds; Saba; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York;
Zikmund; Haugaard
Nays:
Bordeaux; Cwach; Duba; Healy; Lesmeister; McCleerey; Pourier; Smith (Jamie); Sullivan
Excused:
Frye-Mueller; Randolph
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
Which motion prevailed and the title was so amended.
HB 1246: FOR AN ACT ENTITLED, An Act to provide for increase in participation of
entrepreneurship and state economic development initiatives by the nine federally recognized
tribes in South Dakota.
Was read the second time.
Rep. Finck moved that HB 1246 be laid on the table.
The question being on Rep. Finck's motion that HB 1246 be laid on the table.
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield
(Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson
(Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Reed; Reimer; Ring; Rounds; Saba;
Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund;
Haugaard
Nays:
Rasmussen
Excused:
Frye-Mueller; Randolph
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1246 was tabled.
Was read the second time.
The question being "Shall HB 1265 pass as amended?"
And the roll being called:
Yeas 35, Nays 33, Excused 2, Absent 0
Yeas:
Beal; Brunner; Dennert; Deutsch; Finck; Goodwin; Gosch; Greenfield (Lana); Gross;
Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont;
Marty; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post;
Qualm; Rasmussen; Reimer; St John; Steele; Weis; Wiese; Haugaard
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Diedrich; Duba;
Duvall; Glanzer; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey;
Milstead; Olson; Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith
(Jamie); Sullivan; Willadsen; York; Zikmund
Excused:
Frye-Mueller; Randolph
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Karr announced his intention to reconsider the vote by which HB 1265 lost.
HJR 1006: A JOINT RESOLUTION, Proposing and submitting to voters an amendment
to the Constitution of the State of South Dakota, revising legislative terms of office.
Was read the second time.
"
A person who has served four to six consecutive years immediately preceding a general election
is eligible to serve two consecutive four-year terms following that general election. A person
who has served eight consecutive years immediately preceding a general election is eligible to
serve one four-year term.
"
Which motion lost.
The question being "Shall HJR 1006 pass as amended?"
And the roll being called:
Yeas 30, Nays 38, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Duvall; Finck; Goodwin;
Gosch; Hammock; Hunhoff; Jensen (Kevin); Johnson (Chris); Karr; Koth; Lake; Milstead;
Otten (Herman); Peterson (Sue); Post; Qualm; Reimer; Ring; St John; Steele; Wiese; Willadsen
Nays:
Bordeaux; Cwach; Dennert; Deutsch; Diedrich; Duba; Glanzer; Greenfield (Lana); Gross;
Hansen; Healy; Howard; Johns; Johnson (David); Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Miskimins; Mulally; Olson; Perry; Peterson (Kent); Pischke; Pourier;
Rasmussen; Reed; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Weis; York; Zikmund;
Haugaard
Excused:
Frye-Mueller; Randolph
HB 1225: FOR AN ACT ENTITLED, An Act to establish a determinant in identifying a
student's sexual identity for the purpose of participation in high school athletics.
Was read the second time.
The question being "Shall HB 1225 pass?"
And the roll being called:
Yeas 34, Nays 34, Excused 2, Absent 0
Yeas:
Beal; Brunner; Chaffee; Dennert; Deutsch; Glanzer; Goodwin; Gosch; Greenfield (Lana);
Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell;
Livermont; Marty; Mills; Milstead; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke;
Post; Qualm; Reimer; Steele; Weis; Wiese; Haugaard
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall; Finck;
Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Miskimins; Olson;
Peterson (Kent); Pourier; Rasmussen; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie);
St John; Sullivan; Willadsen; York; Zikmund
Excused:
Frye-Mueller; Randolph
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
There being no objection, the House reverted to Order of Business No. 8 - Motions and
Resolutions.
Earlier today, Rep. Karr announced his intention to reconsider the vote by which HB 1265
lost.
Rep. Karr moved that the House do now reconsider the vote by which HB 1265 lost, and
it be immediately reconsidered.
And the roll being called:
Yeas 38, Nays 30, Excused 2, Absent 0
Yeas:
Beal; Brunner; Chaffee; Dennert; Finck; Goodwin; Gosch; Greenfield (Lana); Gross;
Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont;
Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke;
Post; Qualm; Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; York; Haugaard
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba;
Duvall; Glanzer; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey;
Olson; Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan;
Willadsen; Zikmund
Excused:
Frye-Mueller; Randolph
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1265 was up for reconsideration and final passage.
The question being "Shall HB 1265 pass as amended?"
And the roll being called:
Yeas 38, Nays 30, Excused 2, Absent 0
Yeas:
Beal; Brunner; Chaffee; Dennert; Deutsch; Finck; Goodwin; Gosch; Greenfield (Lana); Gross;
Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont;
Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke;
Post; Qualm; Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; Haugaard
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall;
Glanzer; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Olson;
Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen;
York; Zikmund
Excused:
Frye-Mueller; Randolph
Rep. Qualm moved that the balance of the calendar including SB 78, 84, 40, 43, 63, 154,
72, 100, 73, 53, and 121 be deferred to Tuesday, February 26, 2019, the 30th legislative day.
Which motion prevailed.
HC 1010 Introduced by: Representatives Glanzer, Chase, Greenfield (Lana), Johns,
Johnson (Chris), Livermont, Milstead, Ring, Rounds, Steele, Wiese, and Willadsen and Senators
White, Blare, Jensen (Phil), Kolbeck, Maher, Sutton, and Wiik
The Speaker publicly read the title to
HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding bid
bonds for public improvement contracts.
HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding adult
adoption.
HB 1159: FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting
mourning doves on public roads and highways.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
9:25 p.m. the House adjourned.