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House of Representatives Journal 2/7/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




EIGHTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 7, 2017

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

    The prayer was offered by the Chaplain, Rev. Roy Burquett, followed by the Pledge of Allegiance led by House pages Joslyn Jessop and Rebekah Ruby.

    Roll Call: All members present except Reps. Carson and Haggar 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 seventeenth 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.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 61 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 6 and returns the same with the recommendation that said bill be amended as follows:

6jb

    On page 1, line 5, overstrike "Social" and insert "Human".

    On page 1, line 7, of the printed bill, overstrike "defined areas of".

    On page 1, line 10, overstrike "defined area" and insert "state".

    On page 1, line 12, overstrike "defined area" and insert "state".

    On page 1, line 14, after "(3)" insert "The number of nursing facility beds available for redistribution and the number of nursing facility beds redistributed pursuant to this chapter;
            (4)    ".

    On page 1, line 14, overstrike "and".

    On page 2, line 1, overstrike "(4)" and insert "(5)" and after "result" insert ": and
            (6)    Other current and projected long-term healthcare needs across the state".

    On page 2, line 3, delete "Social" and insert "Human".

    On page 2, line 6, after "facilities" insert "and long-term healthcare needs".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1002 which was tabled.

Respectfully submitted,
Wayne H. Steinhauer, Chair
Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1119 and 1131 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Mark Willadsen, Vice Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1150 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1086 which was tabled.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1138 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill be amended as follows:

1087fa

    On page 1, line 7, of the printed bill, after "township" insert ", county, municipality,".

    On page 1, line 8, after "township" insert ", county, municipality,".

    On page 2, line 1, delete everything after "repaired" and insert "and the first and second class. The municipality, township,".

    On page 2, line 2, delete everything before "entitled" and insert "or county, as the case may be, shall be or other public corporation is".

    On page 2, line 6, delete "may" and insert "does".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1109 and returns the same with the recommendation that said bill be amended as follows:

1109fb

    On page 1, line 6, of the printed bill, after "does" insert "not".

    On page 1, line 8, delete "civilian band two-way radio" and insert "two-way radio communications device or wireless communications device that is used in a manner similar to a two-way radio communications device that allows live communication between the driver and school or public safety officials ".

    And that as so amended said bill do pass.

Respectfully submitted,
Mary Duvall, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1161 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 Local Government respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill be amended as follows:


1079dc

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

"    Section 1. That chapter 6-1 be amended by adding a NEW SECTION to read:

    The governing body of a municipality, county, or subdivision may levy and collect fees and charges and require licenses as are necessary to discharge the responsibility to provide for solid waste management as provided in chapter 34A-6 and utility services. The fees or charges shall be based on a fee schedule set forth in an ordinance or resolution. If any fee or charge levied, other than a municipal garbage collection fee, becomes delinquent, the delinquency may be certified to the county treasurer and shall be collected by the county treasurer in the following year. An unpaid delinquent fee or charge shall become a lien by operation of law holding priority according § 44-2-1. The chief fiscal officer of a municipality shall collect a delinquent municipal garbage collection fee as a condition precedent to the payment of any water, sewer, utility, or other charge collected by the municipality.

    Section 2. That § 34A-6-1.38 be amended to read:

    34A-6-1.38. In addition to the solid waste disposal fee assessed by the state under § 34A-6-1.17 and by a political subdivision under § 34A-6-29 section 1 of this Act, a county or municipality may impose and levy a solid waste disposal fee upon the disposal of solid waste at a solid waste facility within, or operated under, its jurisdiction. Fees imposed under this section are in addition to all other fees and taxes levied by law.

    The fee imposed in this section shall be paid by the owner of the solid waste disposal facility and remitted to the county or municipal treasurer. The obligation to pay the fee accrues at the time the solid waste is disposed of at the solid waste facility. The owner of the facility may collect these fees from persons disposing of solid waste at the facility. The fee imposed by this section is due and payable by the owner on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on a form prescribed by the county or municipal treasurer. Each person required to pay the fee imposed by this section shall keep complete and accurate records in a form required by the county or municipal treasurer.

    The county or municipality may distribute shares of this fee to municipalities and school districts within its boundary as it deems appropriate considering the location of the facility and the impacts on the representation jurisdiction.

    Section 3. That § 10-23-1.1 be amended to read:

    10-23-1.1. The procedures in this chapter shall be followed whenever a municipality certifies a delinquent fee, charge, or assessment as provided in § 9-38-29, 21-10-6, or 34A-6-29 section 1 of this Act or any other assessment the municipality is legally able to certify to the county auditor for collection.


    Section 4. That § 34A-6-29 be repealed.

    34A-6-29. The governing body of a municipality, county, or subdivision may levy and collect fees and charges and require licenses as are necessary to discharge their responsibility. The fees, charges, and licenses shall be based on a fee schedule set forth in an ordinance or resolution. If any fee, charge, or license so levied, other than a municipal garbage collection fee, becomes delinquent, the delinquency may be certified to the county treasurer and shall be collected by the county treasurer in the following year as a condition precedent to payment of the real property tax on the lot or parcel of land with respect to which the fee, charge, or license was levied. The chief fiscal officer of a municipality shall collect a delinquent municipal garbage collection fee as a condition precedent to the payment of any water, sewer, utility, or other charge collected by the municipality. "


1079cta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "clarify certain provisions regarding municipal assessments and the collection of delinquent fees by the county.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1085 and returns the same with the recommendation that said bill be amended as follows:

1085fc

    On page 2 of the printed bill, delete line 10, and insert "such the tax may not exceed be up to two dollars or up to three percent of the rented room charge per".

    On page 2, line 14, after "." insert "A change in the occupational tax may be made by the governing body after receipt of a petition requesting that the occupational tax be changed to a stated rate and signed by a majority of the hotel and motel owners with rooms available for lodging in the district. The governing body shall provide notice and hearing as provided in § 9-55-13. The governing body shall adopt a resolution of intent to change the assessment or rate of levy at least thirty days before the hearing on the change. The resolution shall specify the proposed change and shall give the time and place of the hearing.".

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1098 and returns the same with the recommendation that said bill be amended as follows:

1098jc

    On page 1 of the printed bill, delete line 14.

    On page 2, delete lines 1 to 12, inclusive.

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

Respectfully submitted,
Kristin A. Conzet, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1012, 1021, 1046, and 1051 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1005 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 74, 78, 82, 97, 98, and 99 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS


    Rep. Qualm moved that HCR 1007 be deferred to Tuesday, February 14, the 22nd legislative day.

    Which motion prevailed.



CONSIDERATION OF REPORTS OF COMMITTEES

    Rep. Qualm moved that the report of the Standing Committee on

    State Affairs on HB 1073 as found on page 303 of the House Journal be adopted.

    Which motion prevailed.

ANNOUNCEMENTS

    The Speaker declared that HB 1145 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 74: FOR AN ACT ENTITLED, An Act to exempt the elected members of the governing board of any federally recognized Indian tribe from the requirement to register as lobbyists.

    Was read the first time and referred to the Committee on State Affairs.

    SB 78: FOR AN ACT ENTITLED, An Act to revise provisions regarding election petitions for conservation district supervisors.

    Was read the first time and referred to the Committee on Local Government.

    SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the review of juvenile corrections.

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

    SB 97: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills.

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


    SB 98: FOR AN ACT ENTITLED, An Act to revise provisions regarding deadlines for municipal election recounts.

    Was read the first time and referred to the Committee on State Affairs.

    SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the petition signature requirements for municipal elections.

    Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1103: FOR AN ACT ENTITLED, An Act to allow for service by publication for certain paternity and child custody actions.

    Was read the second time.

    The question being "Shall HB 1103 pass?"

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; 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; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Wismer

    Excused:
Carson; Haggar

    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 1122: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the process to be excused from public school attendance.

    Was read the second time.

    The question being "Shall HB 1122 pass?"

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; 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; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Wismer

    Excused:
Carson; Haggar

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding wholesale drug distributors, to provide for licensure and regulation of outsourcing facilities for certain drugs, and to establish a fee for licensure of outsourcing facilities.

    Was read the second time.

    The question being "Shall HB 1044 pass as amended?"

    And the roll being called:

    Yeas 64, Nays 4, Excused 2, Absent 0


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

    Nays:
Dennert; Frye-Mueller; Kaiser; Marty

    Excused:
Carson; Haggar

    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 1071: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before any high level nuclear waste may be processed or deposited within state boundaries.

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

    The question being "Shall HB 1071 pass?"

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; 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; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Wismer

    Excused:
Carson; Haggar

    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 1052: FOR AN ACT ENTITLED, An Act to provide certain protections for public employees who report violations of law.

    Was read the second time.

    Rep. Qualm moved that HB 1052 be deferred to Wednesday, February 8, the 19th legislative day.

    Which motion prevailed.

    HB 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning landowner liability for certain injuries suffered.

    Was read the second time.

    The question being "Shall HB 1068 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

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

    Excused:
Carson; Haggar

    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 1081: FOR AN ACT ENTITLED, An Act to revise certain provisions for establishing a trust for an unlocatable mineral owner.

    Was read the second time.

    The question being "Shall HB 1081 pass as amended?"

    And the roll being called:



    Yeas 68, Nays 0, Excused 2, Absent 0

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

    Excused:
Carson; Haggar

    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 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permits for the sale of certain trailers, motorcycles, and other vehicles.

    Was read the second time.

    The question being "Shall HB 1066 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

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

    Excused:
Carson; Haggar

    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 1078: FOR AN ACT ENTITLED, An Act to provide for the regulation of teams and team leaders regarding real estate transactions.

    Was read the second time.

1078dc

    Rep. Smith moved that HB 1078 be amended as follows:

    On page 10, line 6, of the House Commerce and Energy Committee engrossed bill, delete "does not clearly state" and insert "clearly identifies".

    On page 10, delete lines 10 and 11.

    On page 11, line 1, overstrike "(3)" and insert "(4)".

    Which motion prevailed.

    The question being "Shall HB 1078 pass as amended?"

    And the roll being called:

    Yeas 40, Nays 28, Excused 2, Absent 0

    Yeas:
Ahlers; Bartels; Bartling; Bordeaux; Chase; Clark; Conzet; Duvall; Glanzer; Gosch; Greenfield (Lana); Hawley; Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; McCleerey; Mills; Otten (Herman); Peterson (Sue); Qualm; Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; Zikmund

    Nays:
Anderson; Beal; Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Kaiser; Latterell; Livermont; Lust; Marty; May; McPherson; Peterson (Kent); Pischke; Rasmussen; Rhoden; York; Speaker Mickelson

    Excused:
Carson; Haggar

    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 1097: FOR AN ACT ENTITLED, An Act to revise certain unemployment insurance contribution rates, to provide for an unemployment insurance administrative fee, and to provide for the distribution of the fee.

    Was read the second time.

1097sb

    Rep. Willadsen moved that HB 1097 be amended as follows:

    On page 5 of the printed bill, delete lines 6 to 22, inclusive.

    Which motion lost.

    The question being "Shall HB 1097 pass?"

    And the roll being called:

    Yeas 49, Nays 19, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Chase; Clark; Conzet; DiSanto; Duvall; Glanzer; Greenfield (Lana); Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Karr; Kettwig; Lake; Latterell; Lust; McCleerey; McPherson; Mills; Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Wismer; York; Speaker Mickelson

    Nays:
Bordeaux; Brunner; Campbell; Dennert; Frye-Mueller; Goodwin; Gosch; Haugaard; Howard; Johnson; Kaiser; Lesmeister; Livermont; Marty; May; Otten (Herman); Pischke; Willadsen; Zikmund

    Excused:
Carson; Haggar

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

    HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding required stops at railroad crossings.

    Was read the second time.


    The question being "Shall HB 1088 pass?"

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; 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; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Pischke

    Excused:
Carson; Haggar

    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 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding resident fishing possession limits.

    Was read the second time.

    The question being "Shall HB 1095 pass as amended?"

    And the roll being called:

    Yeas 55, Nays 13, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartling; Beal; Bordeaux; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Holmes; Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Bartels; Chase; Conzet; Duvall; Glanzer; Heinemann; Hunhoff; Johns; Otten (Herman); Peterson (Kent); Pischke; Rozum; Turbiville



    Excused:
Carson; Haggar

    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 1023: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1023 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

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

    Excused:
Carson; Haggar

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

    HB 1062: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1062 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


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

    Excused:
Carson; Haggar

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

    HB 1136: FOR AN ACT ENTITLED, An Act to revise certain election recount provisions.

    Was read the second time.

1136ja

    Rep. Rounds moved that HB 1136 be amended as follows:

    On page 1, line 11, of the printed bill, delete "wishes" and insert "expresses to the county auditor in writing".

    Rep. Goodwin called for a division of the House.

    The question being on Rep. Rounds' motion that HB 1136 be amended.

    And the roll being called:

    Yeas 60, Nays 8, Excused 2, Absent 0

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


    Nays:
Dennert; Hawley; Jensen (Kevin); Kaiser; Peterson (Sue); Ring; Soli; Wismer

    Excused:
Carson; Haggar

    So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.


    The question being "Shall HB 1136 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

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

    Excused:
Carson; Haggar

    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 1091: FOR AN ACT ENTITLED, An Act to modify certain provisions relating to concealed carry permits.

    Was read the second time.

    The question being "Shall HB 1091 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 1, Excused 3, Absent 0


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

    Nays:
McCleerey

    Excused:
Carson; Haggar; 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.

    HB 1127: FOR AN ACT ENTITLED, An Act to revise the procedure for a deployed military service member to renew a concealed carry permit

    Was read the second time.

    The question being "Shall HB 1127 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Carson; Haggar; 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.


    Rep. Qualm moved that the balance of the calendar including HB 1045, 1060, 1096, 1100, 1147, and 1156 and HJR 1002 and HB 1083, 1101, 1118, and 1144 and SB 14, 15, 17, 18, 1, 44, 49, and 48 be deferred to Wednesday, February 8, the 19th legislative day.

    Which motion prevailed.

    There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1008, 1016, 1017, 1018, 1019, and 1042 were delivered to his Excellency, the Governor, for his approval at 10:30 a.m., February 7, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1012, 1021, 1046, and 1051 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions related to wind and solar easements.

    HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the education provided for children in certain residential treatment centers.

    HB 1046: FOR AN ACT ENTITLED, An Act to revise various trust and trust company provisions.

    HB 1051: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions regarding virtual representation.


    SB 62: FOR AN ACT ENTITLED, An Act to correct the county boundary description for Mellette County.

    And signed the same in the presence of the House.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:55 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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