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House of Representatives Journal 2/23/2017 01:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




TWENTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 23, 2017

    The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by House page Allie Bradsky.

    Roll Call: All members present except Reps. Carson, McPherson, and Smith who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-sixth day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
G. Mark Mickelson, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

February 22, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 22, 2017, I approved House Bills 1030 and 1070, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

February 23, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 23, 2017, I approved House Bills 1037, 1055, 1081, and 1088, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1188 and returns the same with the recommendation that said bill be amended as follows:

1188jb

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

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    It is in the public interest of the state that, any state agencies, departments, or offices that provide grants and low-interest loans to support municipalities, counties, or other entities with various needs, do so in a manner that best ensures those public funds promote the continued future development of the state and its citizens. The state shall evaluate applications or requests for funds or assistance under the programs listed in section 3 of this Act, and incorporate, if not

forbidden by federal law or rule, the following before making a decision to award funds or provide other assistance:

            (1)    The extent the county, where the assistance would be awarded or the benefits accrue, has prioritized new economic development activities, including a formal economic development strategy or resolution adopting targeted industries in the county, and the consistency of the strategy or resolution with the funds or assistance requested;

            (2)    If the county has adopted a system of zoning, and the extent of the fit between the county's comprehensive zoning plan and value-added agricultural development specifically, including setbacks, voting criteria, and limitations on rural residential development; and

            (3)    The extent of which the assistance and the county's economic development strategy and zoning, if applicable, promote increased utilization of agricultural commodities sourced from within the state as an input in producing value-added agricultural products.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    Section 1 of this Act shall apply to any applicant for funding or assistance. The considerations of section 1 of this Act shall be given weight equal or greater to that of other factors used by an agency, department, or office to render a decision. If requests for assistance are otherwise equally meritorious but all cannot receive awards due to limited funds, the requests most responsive to the considerations in section 1 of this Act shall be given preference.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    Grants, loans, and other assistance subject to the provisions of section 1 of this Act include the following:

            (1)    Department of Transportation grants and loans awarded pursuant to chapter 1-44, including, county road and bridge funds or economic development road grants;

            (2)    Governor's Office of Economic Development grants and loans awarded by the Board of Economic Development pursuant to chapter 1-16G, including, loans from the revolving economic development and initiative fund, grants from the local infrastructure improvement program, and grants awarded by the Governor's Office of Economic Development under the federal community development block grant program; and

            (3)    Department of Agriculture grants, loans, and guaranties awarded by the Value Added Finance Authority pursuant to chapter 1-16E or administered by the department, including, livestock nutrient management bonds, value added agribusiness relending program loans, and rural development agricultural loan participation.


    Section 4. That the code be amended by adding a NEW SECTION to read:

    The Department of Transportation, the Governor's Office of Economic Development, and the Department of Agriculture are hereby authorized to promulgate new rules, or amend existing rules, necessary to implement this Act. All rules first promulgated or amended under this section shall be approved by a majority vote of both houses of the Legislature before taking effect."."

1188fa

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

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    It is in the public interest of the state that, any state agencies, departments, or offices that provide grants and low-interest loans to support municipalities, counties, or other entities with various needs, do so in a manner that best ensures those public funds promote the continued future development of the state and its citizens. The state shall evaluate applications or requests for funds or assistance under the programs listed in section 3 of this Act, and incorporate, if not forbidden by federal law or rule, the following before making a decision to award funds or provide other assistance:

            (1)    The extent the county, where the assistance would be awarded or the benefits accrue, has prioritized new economic development activities, including a formal economic development strategy or resolution adopting targeted industries in the county, and the consistency of the strategy or resolution with the funds or assistance requested;

            (2)    If the county has adopted a system of zoning, and the extent of the fit between the county's comprehensive zoning plan and value-added agricultural development specifically, including setbacks, voting criteria, and limitations on rural residential development; and

            (3)    The extent of which the assistance and the county's economic development strategy and zoning, if applicable, promote increased utilization of agricultural commodities sourced from within the state as an input in producing value-added agricultural products.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    Section 1 of this Act shall apply to any applicant for funding or assistance. The considerations of section 1 of this Act shall be given weight equal or greater to that of other factors except safety used by an agency, department, or office to render a decision. If requests for assistance are otherwise equally meritorious but all cannot receive awards due to limited funds, the requests most responsive to the considerations in section 1 of this Act shall be given preference.


    Section 3. That the code be amended by adding a NEW SECTION to read:

    Grants, loans, and other assistance subject to the provisions of section 1 of this Act include the following:

            (1)    Department of Transportation grants and loans awarded pursuant to chapter 1-44, including, county road and bridge funds or economic development road grants;

            (2)    Governor's Office of Economic Development grants and loans awarded by the Board of Economic Development pursuant to chapter 1-16G, including, loans from the revolving economic development and initiative fund, grants from the local infrastructure improvement program, and grants awarded by the Governor's Office of Economic Development under the federal community development block grant program; and

            (3)    Department of Agriculture grants, loans, and guaranties awarded by the Value Added Finance Authority pursuant to chapter 1-16E or administered by the department, including, livestock nutrient management bonds, value added agribusiness relending program loans, and rural development agricultural loan participation.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    The Department of Transportation, the Governor's Office of Economic Development, and the Department of Agriculture are hereby authorized to promulgate new rules, or amend existing rules, necessary to implement this Act.".

1188jc

    On the previously adopted amendment (1188jb), in section 1, subdivision (2), on the first line, after "zoning," delete "and" and insert "consideration shall be given to".

    And that as so amended said bill do pass.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 123 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 SB 21 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 130 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 83 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 Health and Human Services respectfully reports that it has had under consideration SB 102 and returns the same with the recommendation that said bill be amended as follows:

102ja

    On page 4, line 24, of the Senate Health and Human Services Committee engrossed bill, after "name" insert ", text,".

    On page 5, line 3, delete "or the telephone" and insert "text, or call the".

    On page 5, after line 11, insert:

"    Section 2. That § 34-23A-10.3 be amended to read:

    34-23A-10.3. The health department shall publish, in culturally sensitive languages, within one hundred eighty days after July 1, 2005, the following printed materials in such a way as to ensure that the information is easily comprehensible:

            (1)    Materials designed to inform the pregnant woman of all the disclosures enumerated in § 34-23A-10.1;

            (2)    Materials designed to inform the pregnant woman of public and private agencies and services available to assist a pregnant woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a list of the agencies available and a description of the services they offer; and

            (3)    Materials designed to inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a pregnant woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments. Such pictures or drawings shall contain the dimensions of the fetus and shall be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages; and

            (4)    Materials designed to inform the pregnant woman that: "If someone is sexually abusing you or causing you to exchange sex for something of value, and you want help, call 911, text or call the number provided on this notice.".

    The materials shall be printed in a typeface large enough to be clearly legible and shall be available at no cost from the Department of Health upon request and in appropriate number to any person, facility or hospital. ".

    And that as so amended said bill do pass.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 39, 40, 41, and 42 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mary Duvall, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1056 which has passed the Senate without change.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1095 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 92, 95, 117, 138, 144, 149, 166, 167, and 171 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HCR 1011 Introduced by: Representatives May, Ahlers, Bartling, Bordeaux, Dennert, Hawley, Lesmeister, Ring, Schoenfish, Smith, and Soli and Senators Nelson, Bolin, Frerichs, Heinert, Kennedy, Killer, Monroe, Nesiba, Netherton, and Sutton

        A CONCURRENT RESOLUTION, Recognizing and honoring Sitting Bull, Tatanka-Iyotanka, a courageous warrior, statesman, dedicated leader, one of South Dakota's first ambassadors to the world, and a man who remains an essential figure in South Dakota and United States history.

    WHEREAS, Sitting Bull was arguably one of the most powerful and famous of all Native American chiefs, and he united the Sioux Tribes in their struggle for survival on the North American Great Plains; and

    WHEREAS, the expanding American nation shaped the struggles of Sitting Bull's life; and

    WHEREAS, in 1868, he gained the respect of the Lakota people as both a leader and a warrior and earned the title of Chief of the Lakota Nation; and

    WHEREAS, during the mid-1870s, prospectors uncovered gold in the sacred Black Hills, land recognized in the 1868 Fort Laramie Treaty; and

    WHEREAS, the U.S. government abandoned the treaty and declared war on any native tribes standing in their way, including the Lakota and the steadfast Sitting Bull; and

    WHEREAS, Sitting Bull performed a sacred Sun Dance, slashed his arms in sacrifice, and deprived himself of drinking water before announcing his vision in which they defeated the U.S. Army; and

    WHEREAS, in June 1876, a short time later, he defended the massive Sioux encampment at Little Bighorn against an undermanned attacking General George Armstrong Custer and his

7th Calvary, securing a resounding victory for his people, but earning the anger of his enemies; and

    WHEREAS, the U.S. government increased its efforts to acquire control of the territory from native tribes; and

    WHEREAS, Sitting Bull retreated with his people to Canada for four years, avoiding the U.S. government's pursuit; and

    WHEREAS, when he returned to the Dakota Territory in 1881, he was captured and imprisoned for two years; and

    WHEREAS, in 1885, he teamed up with Annie Oakley and joined Buffalo Bill Cody's Wild West Show, where he earned fifty dollars per week to ride once around the arena, but life on the road became tiresome, so he returned to his people; and

    WHEREAS, in 1889, Sitting Bull headed a Native American Ghost Dance ceremony, which struck fear in authorities, who knew of his great power and influence; and

    WHEREAS, on December 15, 1890, a group of Lakota police entered his home on the Standing Rock Indian Reservation and dragged him out of his cabin; and

    WHEREAS, a gunfight ensued and resulted in the slaying of Sitting Bull, the renowned Lakota Chief; and

    WHEREAS, a memorial is placed at the reported burial site of Sitting Bull near Mobridge, South Dakota; and

    WHEREAS, Sitting Bull lived his life without compromise and stayed true to the Native American way of life as he fearlessly resisted the encroachment of the Dakota Territory by performing acts as a daring warrior and an eloquent statesman; and

    WHEREAS, the Native American people have served our country in times of peace and war, while also striving for equal rights; and

    WHEREAS, Native Americans serve in the U.S. military in greater numbers than any ethnic group per capita and have since the revolution, even though the United States did not recognize them as citizens until 1924; and

    WHEREAS, the Native American Code Talkers proved essential to the United States achieving victory in World Wars I and II; and

    WHEREAS, countless additional Native Americans have fought for our freedoms we hold dear; and

    WHEREAS, twenty-seven Native Americans have earned the nation's highest military honor, the Medal of Honor; and

    WHEREAS, this demonstration of American patriotism, love of country and warrior spirit can be appropriately attributed in part to the leadership example of one of South Dakota's most famous sons, Sitting Bull:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature does hereby posthumously remember and honor Sitting Bull, Tatanka-Iyotanka, the legendary chief, statesman, and warrior, who bravely and selflessly defended his people and their traditional way of life with all of his being; as well as the many South Dakota Native Americans who continue to embody the spirit of one of South Dakota's most illustrious native sons.

    Was read the first time and the Speaker waived the committee referral.

    HCR 1012 Introduced by: Representatives Dennert and McCleerey and Senators Frerichs, Ewing, Klumb, Novstrup, Otten (Ernie), and Sutton

        A CONCURRENT RESOLUTION, Urging Congress, the President of the United States, and the President's trade representatives to welcome fair trade and support strong trade commerce within the agricultural industry.

    WHEREAS, agriculture is the number one industry in South Dakota and has roughly a $26 billion economic impact yearly; and

    WHEREAS, production agriculture and its valued added industry employs over 122,000 South Dakotans; and

    WHEREAS, trade is an important factor in our agriculture economy, and in 2015 South Dakota had almost four billion dollars worth of agricultural exports; and

    WHEREAS, in trade with Mexico, South Dakota imports $70 million worth of goods a year, exports $394 million worth of goods a year, and exports 44 percent of the state's pork; and

    WHEREAS, fifteen thousand jobs in South Dakota rely on the trade with Mexico; and

    WHEREAS, South Dakota ranked eleventh in 2015 for agricultural trade; and

    WHEREAS, a good trade relationship with our friends to the south and our Pacific allies is vital to South Dakota economy and continued economic growth; and

    WHEREAS, we take great pride in what we produce and American agricultural products, especially South Dakota produced products, represent the highest quality; and

    WHEREAS, consumers want quality American products and we should take pride in what we produce and should label it as such:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota State Legislature urges Congress and the President of the United States and the President's trade representatives to welcome fair trade and support strong trade commerce.

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

    HCR 1013 Introduced by: Representatives Schaefer, Anderson, Beal, Campbell, Chase, Clark, Dennert, DiSanto, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haggar, Heinemann, Holmes, Howard, Hunhoff, Jensen (Kevin), Johns, Johnson, Karr, Kettwig, Lake, Lust, Marty, Mickelson, Otten (Herman), Peterson (Sue), Pischke, Qualm, Rasmussen, Rhoden, Schoenfish, Steinhauer, Tieszen, Tulson, Turbiville, Willadsen, York, and Zikmund and Senators Wiik, Bolin, Cammack, Cronin, Curd, Ewing, Greenfield (Brock), Haverly, Jensen (Phil), Klumb, Kolbeck, Langer, Maher, Monroe, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Solano, Stalzer, Tapio, Tidemann, and White

        A CONCURRENT RESOLUTION, To urge the United States Department of State to approve the presidential permit application allowing the construction and operation of the TransCanada Keystone XL Pipeline between the United States and Canada.

    WHEREAS, the United States accounts for twenty percent of world energy consumption and is the world's largest petroleum consumer, consuming fifteen million barrels of oil each day, and these amounts are not forecasted to change for decades; and

    WHEREAS, current oil imports amount to over eight million barrels each day, approximately fifty percent of the United State' requirements; and

    WHEREAS, the United States will remain dependent on imported energy for decades regardless of new technology, oil discoveries, alternative fuels, and conservation efforts; and

    WHEREAS, a secure supply of crude oil is needed by Americans for heating their homes, cooking their food, and fueling their vehicles, and to allow the United States economy to thrive and be freed from the potential threats and disruptions of the crude oil supply from less secure parts of the world; and

    WHEREAS, the growing production of conflict-free oil from the Canadian oil sands and the Bakken formation in Saskatchewan, Montana, and North Dakota can replace crude oil imported from countries that do not share American values and therefore additional pipeline capacity to refineries in the United States Midwest and Gulf Coast regions is required; and

    WHEREAS, increasing energy imports from Canada makes sense for the United States because Canada is a trusted neighbor with a stable democratic government, strong environmental standards equal to that of the United States, and some of the most stringent human rights and worker protection laws in the world; and


    WHEREAS, the Keystone XL Pipeline Project has been subject to the most thorough public
consultation process of any proposed United States pipeline and the subject of multiple environmental impact statements and several United States Department of State studies that have concluded that the Keystone XL Pipeline poses the least impact to the environment as compared to other modes of transporting crude oil; and

    WHEREAS, pipelines are the safest method for the transportation of petroleum products when compared to other methods of transportation, for example, transporting by pipeline is one hundred times safer than transporting by truck and forty times safer than transporting by rail; and

    WHEREAS, the Keystone XL Pipeline will replace the hauling capacity of a tanker train that is twenty-five miles long or two hundred ocean tankers per year thereby reducing greenhouse gas emissions by as much as nineteen million tons, which is the equivalent of taking almost four million cars off the road; and

    WHEREAS, the Keystone XL Pipeline will support thousands of jobs in United States construction and manufacturing industries, including pipefitting, welding, electrical, heavy equipment operating, and other sectors in virtually every state in the United States; and

    WHEREAS, seventy-five percent of the pipe used to build the Keystone XL Pipeline in the United States will come from North American mills, including half made by workers in the United States, and goods for the pipeline valued at approximately $800 million have already been sourced from manufacturers in the United States:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature respectfully urges the United States Department of State to approve the presidential permit application allowing the construction and operation of the TransCanada Keystone XL Pipeline between the United States and Canada in order to strengthen the United States' energy security, provide for critical pipeline infrastructure to achieve North American energy independence, and to stimulate the economy and create jobs.

    Was read the first time and the Speaker waived the committee referral.

    HCR 1014 Introduced by: Representative Haugaard and Senators Nelson and Russell

        A CONCURRENT RESOLUTION, Expressing the strongest support for, and unity with, the State of Israel and recognizing Jerusalem, as Israel's undivided capital.

    WHEREAS, the United States has long supported a negotiated settlement leading to a sustainable two-state solution with the democratic, Jewish state of Israel and a demilitarized, democratic Palestinian state living side-by-side in peace and security; and

    WHEREAS, United Nations Security Council Resolution 2334 claims "the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and

a major obstacle to the achievement of the two-state solution and a just, lasting and comprehensive peace"; and

    WHEREAS, by referring to the "4 June 1967 lines" as the basis for negotiations, United Nations Security Council Resolution 2334 effectively states that the Jewish Quarter of the Old City of Jerusalem and the Western Wall, Judaism's holiest site, are "occupied territory," thereby equating these sites with outposts in the West Bank that the Israeli government has deemed illegal; and

    WHEREAS, passage of United Nations Security Council Resolution 2334 effectively lends legitimacy to efforts by the Palestinian Authority to impose its own solution through international organizations and through unjustified boycotts or divestment campaigns against Israel, and will require the United States and Israel to take effective action to counteract the potential harmful impact of United Nations Security Council Resolution 2334; and

    WHEREAS, the Obama Administration's decision not to veto United Nations Security Council Resolution 2334 is inconsistent with long-standing United States policy and makes direct negotiations more, not less, challenging; and

    WHEREAS, Israel has been granted her lands under and through the oldest recorded deed, as recorded in the Old Testament scriptures held sacred and revered by Jews and Christians alike, as presenting the acts and words of God; and

    WHEREAS, the claim and presence of the Jewish people in Israel has remained constant throughout the past four thousand years of history; and

    WHEREAS, the legal basis for the establishment of the modern state of Israel was a binding resolution under international law, which was unanimously adopted by the League of Nations in 1922 and subsequently affirmed by both houses of the United States Congress; and

    WHEREAS, this resolution affirmed the establishment of a national home for the Jewish people in the historical region of the land of Israel, including the areas of Judea, Samaria, and Jerusalem; and

    WHEREAS, Article 80 of the United Nations Charter 22 recognized the continued validity of the rights granted to states or peoples which already existed under international instruments, and therefore the 1922 League of Nations resolution remains valid, and the six hundred fifty thousand Jews currently residing in the areas of Judea, Samaria, and eastern Jerusalem reside there legitimately; and

    WHEREAS, Israel declared its independence and self-governance on May 14, 1948, with the goal of reestablishing its God-given and legally recognized lands as a homeland for the Jewish people; and

    WHEREAS, the United States, having been the first country to recognize Israel as an independent nation and as Israel's principal ally, has enjoyed a close and mutually beneficial relationship with Israel and her people; and

    WHEREAS, there are increasing incidents of anti-Semitism around the world, including across the United States reflected in official hate crime statistics; and

    WHEREAS, the international boycott, divestment, and sanctions movement is one of the main vehicles for spreading anti-Semitism and advocating for the elimination of the Jewish State; and

    WHEREAS, the dramatic increase in boycott, divestment, and sanctions campaign activities on college campuses around the country has resulted in increased animosity and intimidation against Jewish students, negatively impacting student programming related to the State of Israel and politics in the Middle East; and

    WHEREAS, leaders of the boycott, divestment, and sanctions movement say their goal is to eliminate Israel as the home of the Jewish people; and

    WHEREAS, messaging at anti-Israel rallies has adopted the boycott, divestment, and sanctions slogan: "from the river to the sea Palestine will be free" which means that there would be no Israel between the Jordan River and Mediterranean Sea and that the State of Israel will cease to exist; and

    WHEREAS, Israel is the greatest friend and ally of the United States in the Middle East and the values of our two nations are so intertwined that it is impossible to separate one from the other; and

    WHEREAS, a strong and independent Israel supports our long cherished beliefs of democracy and liberty which we believe is the right of all mankind; and

    WHEREAS, there are those in the world who have continually sought to destroy Israel, from the time of its inception as a state, and those same enemies of Israel also hate, and seek to destroy, the United States; and

    WHEREAS, the promise of the God of Israel, who is the Creator acknowledged in our own Declaration of Independence and referenced by our own Founding Fathers in the creation of our nation, is that He will bless those who bless Israel. Let it be known that the State of South Dakota openly blesses Israel with our friendship and that we stand in support of the Israeli people and celebrate our many culture ties and gratitude for our cordial and mutually beneficial relations since 1948, a friendship that continues to strengthen with each passing year:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature calls on Congress and President Donald J. Trump to oppose and counteract United Nations Security Council Resolution 2334 against Israel by all means necessary; and

    BE IT FURTHER RESOLVED, that South Dakota stands proudly with Israel and thanks our only Middle East democracy, for Israel's cordial and mutually beneficial relationship with the United States and with the state of South Dakota. We stand in support of Israel in its legal, historical, moral, and God-given right of self-governance and self-defense of the entirety of its own lands. We recognize that Israel is neither an attacking force nor an occupier of the lands

of others, and that peace in the Middle East for us, is contingent on a whole and united Israel; and

    BE IT FURTHER RESOLVED, that the chief clerk of the House of Representatives prepare copies of this resolution and forward them to the President of the United States, the speaker and clerk of the United States House of Representatives, the president and secretary of the United States Senate, and the Israeli Embassy in Washington, D.C., for transmission to the proper authorities in the State of Israel.

    Was read the first time and the Speaker waived the committee referral.

    HCR 1015 Introduced by: Representatives Goodwin, Campbell, DiSanto, Frye-Mueller, Howard, Latterell, Lesmeister, Livermont, and Marty and Senators Nelson and Netherton

        A CONCURRENT RESOLUTION, instructing the Department of Transportation to ensure proper access for farm and grazing lands by identifying and reevaluating excessive highway setbacks.

    WHEREAS, farm and grazing lands are an extremely important resource for South Dakota at large; and

    WHEREAS, the expansion and protection of this resource is critical for South Dakota's future; and

    WHEREAS, the total acreage of land in farms is 43,257,079 and the state owns 0.6 percent of that land; and

    WHEREAS, since 1982, one hundred fifty-three thousand acres of farm and grazing land have been converted to developed lands; and

    WHEREAS, current average rates of return on agricultural land in South Dakota remain depressed; and

    WHEREAS, for 2016, the average ratio of gross cash rent to current land value was 2.7 percent for all agricultural land, 3.3 percent for cropland, 3.3 percent for hay land, and 2.4 percent for rangeland; and

    WHEREAS, during the 1990s, the same ratios were 7.4 percent for all agricultural land, 8.0 percent for cropland, and 6.8 percent for rangeland; and

    WHEREAS, since 2012, cash prices received for corn decreased approximately 52 percent, while farm-level soybean and wheat prices each decreased more than 40 percent; and

    WHEREAS, the decreases in crop prices and crop input prices have continued to pressure crop production margins and farm profitability; and

    WHEREAS, South Dakota crop farmers and ranchers have experienced declines in net farm income; and

    WHEREAS, decreasing availability of farmland and dwindling profitability deter young farmers from investing in the industry; and

    WHEREAS, farmers and ranchers must maximize productivity of available agricultural land; and

    WHEREAS, South Dakotans have noticed state highways and interstate highways have excessive setbacks in need of re-evaluation to ensure that South Dakotans are not unnecessarily deprived of the use of farm and grazing land; and

    WHEREAS, excessive highway setbacks squander crucial farm and grazing lands that farmers and ranchers could utilize; and

    WHEREAS, excessive highway setbacks adversely affect productivity of those who shoulder the majority of infrastructure costs of South Dakota through taxation; and

    WHEREAS, wasted farming and grazing land restricts South Dakota's tremendous economic potential; and

    WHEREAS, this harms the well-being of young South Dakota farmers and ranchers and South Dakota as a whole:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature encourages the Department of Transportation to aggressively and thoroughly review all highway setbacks and make every effort to return any excess back to use by South Dakotans; and

    BE IT FURTHER RESOLVED, that the Legislature hereby recognizes as good stewards of the fertile plains which God blessed the beautiful state of South Dakota with, we must eternally scrutinize government retention of invaluable farm and ranch lands from the good people of South Dakota.

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

    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 24, the 28th legislative day.

    Which motion prevailed.


    Rep. Qualm moved that SB 147 be referred from the Committee on Health and Human Services back to the House floor.

    Which motion prevailed.

    Rep. Qualm moved that HB 1089 be placed to follow HB 1183 on today's calendar.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    House Committee on Appropriations on HB 1210 as found on page 445 of the House Journal; also

    State Affairs on HB 1089 as found on page 446 of the House Journal; also

    State Affairs on HB 1157 as found on page 448 of the House Journal; also

    State Affairs on HB 1076 as found on page 450 of the House Journal; also

    Judiciary on HB 1142 as found on page 453 of the House Journal; also

    Judiciary on HB 1183 as found on page 454 of the House Journal; also

    Judiciary on HB 1200 as found on page 454 of the House Journal; also

    Judiciary on HB 1001 as found on page 456 of the House Journal; also

    House Committee on Appropriations on HB 1188 as found on page 482 of the House Journal be adopted.

    Which motion prevailed.

    Rep. Jensen moved that HB 1135 be placed on today's calendar, the calendar of Thursday, February 23, the 27th legislative day, pursuant to Joint Rule 6F-6.

    The question being on Rep. Jensen's motion that HB 1135 be placed on today's calendar, the calendar of Thursday, February 23, the 27th legislative day, pursuant to Joint Rule 6F-6.

    And the roll being called:

    Yeas 24, Nays 43, Excused 3, Absent 0



    Yeas:
Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Jensen (Kevin); Kaiser; Karr; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke; Rasmussen; Schaefer; Schoenfish; Willadsen

    Nays:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Chase; Conzet; Duvall; Glanzer; Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Johns; Johnson; Kettwig; Lake; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

    Rep. Frye-Mueller moved that HB 1129 be placed on today's calendar, the calendar of Thursday, February 23, the 27th legislative day, pursuant to Joint Rule 6F-6.

    The question being on Rep. Frye-Mueller's motion that HB 1129 be placed on today's calendar, the calendar of Thursday, February 23, the 27th legislative day, pursuant to Joint Rule 6F-6.

    And the roll being called:

    Yeas 21, Nays 46, Excused 3, Absent 0

    Yeas:
Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Kaiser; Karr; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke; Schoenfish; Wiese; Zikmund

    Nays:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Chase; Conzet; Duvall; Glanzer; Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; York; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.



    Rep. Pischke moved that HB 1203 be placed on today's calendar, the calendar of Thursday, February 23, the 27th legislative day, pursuant to Joint Rule 6F-6.

    The question being on Rep. Pischke's motion that HB 1203 be placed on today's calendar, the calendar of Thursday, February 23, the 27th legislative day, pursuant to Joint Rule 6F-6.

    And the roll being called:

    Yeas 31, Nays 36, Excused 3, Absent 0

    Yeas:
Beal; Brunner; Campbell; Chase; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Howard; Jamison; Jensen (Kevin); Johns; Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; Peterson (Sue); Pischke; Rasmussen; Schoenfish; Steinhauer; Wiese; Willadsen; Zikmund

    Nays:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Clark; Conzet; Duvall; Glanzer; Haggar; Hawley; Holmes; Hunhoff; Johnson; Kettwig; Lake; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Soli; Stevens; Tieszen; Tulson; Turbiville; Wismer; York; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 92: FOR AN ACT ENTITLED, An Act to extend the date a school district is required to bring reserve funds down to a certain percentage.

    Was read the first time and referred to the House Committee on Appropriations

    SB 95: FOR AN ACT ENTITLED, An Act to add cannabidiol to the list of Schedule IV controlled substances and to exclude it from the definition of marijuana.

    Was read the first time and referred to the Committee on Health and Human Services.

    SB 117: FOR AN ACT ENTITLED, An Act to increase accountability in South Dakota's criminal justice system.

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



    SB 138: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding asbestos bankruptcy trust claims.

    Was read the first time and referred to the Committee on Commerce and Energy.

    SB 144: FOR AN ACT ENTITLED, An Act to provide for the Servicemember Firearms Protection Act.

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

    SB 149: FOR AN ACT ENTITLED, An Act to provide certain protections to faith-based or religious child-placement agencies.

    Was read the first time.

    SB 166: FOR AN ACT ENTITLED, An Act to provide certain provisions excluding business-to-business lending from certain money lending limitations.

    Was read the first time and referred to the Committee on Commerce and Energy.

    SB 167: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain notices to be provided by guardians of protected persons.

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

    SB 171: FOR AN ACT ENTITLED, An Act to establish the Government Accountability Task Force to study government, campaign finance, lobbyist restrictions, and ethics and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding prison or jail population cost estimates.

    Was read the second time.


    The question being "Shall HB 1001 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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

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

    SB 51: FOR AN ACT ENTITLED, An Act to revise certain references regarding loans and investments for insurance companies.

    Was read the second time.

    The question being "Shall SB 51 pass?"

    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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith


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

    SB 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding federal covered securities.

    Was read the second time.

    The question being "Shall SB 52 pass?"

    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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

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

    SB 137: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding joint employer liability protection.

    Was read the second time.

    The question being "Shall SB 137 pass?"

    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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    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 1090: FOR AN ACT ENTITLED, An Act to define certain fees incident to the extension of credit.

    Was read the second time.

    The question being "Shall HB 1090 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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    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 1092: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage licensing provisions concerning the manufacturing and sale of cider.

    Was read the second time.

    The question being "Shall HB 1092 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); Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Haugaard

    Excused:
Carson; McPherson; Smith

    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 1205: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate in Rapid City and to provide for the deposit of the proceeds.

    Was read the second time.

    The question being "Shall HB 1205 pass?"

    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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    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 1206: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Aurora County and to provide for the deposit of the proceeds.

    Was read the second time.

    The question being "Shall HB 1206 pass?"

    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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    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 1207: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of certain real estate at the South Dakota Development Center.

    Was read the second time.

    The question being "Shall HB 1207 pass?"

    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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    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 1208: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota Veterans' Home and to provide for the deposit of the proceeds.

    Was read the second time.

    The question being "Shall HB 1208 pass?"

    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); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson



    Excused:
Carson; McPherson; Smith

    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 1209: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the STAR Academy and to provide for the deposit of the proceeds.

    Was read the second time.

    The question being "Shall HB 1209 pass?"

    And the roll being called:

    Yeas 31, Nays 36, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Beal; Conzet; Haggar; Heinemann; Holmes; Howard; Hunhoff; Jamison; Johns; Johnson; Karr; Kettwig; Lake; Lust; Peterson (Kent); Peterson (Sue); Qualm; Reed; Rhoden; Rounds; Rozum; Schoenfish; Stevens; Tieszen; Tulson; Turbiville; Willadsen; York; Speaker Mickelson

    Nays:
Ahlers; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Jensen (Kevin); Kaiser; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Mills; Otten (Herman); Pischke; Rasmussen; Ring; Schaefer; Soli; Steinhauer; Wiese; Wismer; Zikmund

    Excused:
Carson; McPherson; Smith

    So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

    Rep. Anderson announced his intention to reconsider the vote by which HB 1209 lost.

    HB 1204: FOR AN ACT ENTITLED, An Act to authorize the production and sale of industrial hemp.

    Was read the second time.


    The question being "Shall HB 1204 pass?"

    And the roll being called:

    Yeas 51, Nays 16, Excused 3, Absent 0

    Yeas:
Ahlers; Bartling; Beal; Bordeaux; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Haggar; Hawley; Holmes; Howard; Jamison; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Willadsen; Wismer; Speaker Mickelson

    Nays:
Anderson; Bartels; Chase; Conzet; Duvall; Glanzer; Greenfield (Lana); Haugaard; Heinemann; Hunhoff; Jensen (Kevin); Rounds; Turbiville; Wiese; York; Zikmund

    Excused:
Carson; McPherson; Smith

    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 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding health coverage for applied behavior analysis.

    Was read the second time.

    The question being "Shall HB 1195 pass as amended?"

    And the roll being called:

    Yeas 57, Nays 9, Excused 4, Absent 0

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

    Nays:
Frye-Mueller; Goodwin; Gosch; Howard; Kaiser; Karr; Latterell; Pischke; Willadsen


    Excused:
Beal; Carson; McPherson; Smith

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

    Speaker Pro tempore Haggar now presiding.

    HB 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning recreational facilities provided by municipalities.

    Was read the second time.

    The question being "Shall HB 1185 pass as amended?"

    And the roll being called:

    Yeas 65, Nays 1, Excused 4, Absent 0

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

    Nays:
Rozum

    Excused:
Beal; Carson; McPherson; Smith

    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 1200: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contributions to ballot question committees.

    Was read the second time.


1200cb

    Rep. Jamison moved that HB 1200 be amended as follows:

    On page 1 of the House Judiciary Committee engrossed bill, delete lines 5 to 12, inclusive, and insert:

"    If a ballot question committee receives contributions from an organization or from a political action committee that is not otherwise required to file a campaign finance disclosure statement under subdivision 12-27-22(2), the committee shall include in all public communications, which include broadcast, cable, or satellite transmissions; communications in newspapers or magazines; outdoor advertising, including billboards; mass mailings consisting of five hundred pieces or more; telephone banks consisting of five hundred calls or more; and any other public political advertising, including brochures, a clear and conspicuous disclaimer that says "Paid for with out-of-state money."".


    On page 2, delete lines 1 to 19, inclusive.

    On page 2, line 21, delete "make a" and insert "provide a clear and conspicuous disclaimer on all public communications".

    On page 2, line 22, delete "timely disclosure".

    On page 2, line 23, after "dollars" insert "per occurrence".

    On page 2, line 24, delete everything after "." .

    Delete page 3.

    Rep. Mickelson rose to a point of order regarding the proposed amendment by Rep. Jamison.

    The Speaker ruled Rep. Mickelson out of order.

    Rep. Mickelson appealed the ruling of the chair.

    The question being "Shall the ruling of the chair be sustained?"

    And the roll being called:

    Yeas 39, Nays 28, Excused 3, Absent 0


    Yeas:
Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Haggar; Haugaard; Hawley; Heinemann; Howard; Hunhoff; Jamison; Jensen (Kevin); Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Ring; Rounds; Steinhauer; Wiese; York

    Nays:
Ahlers; Anderson; Beal; Glanzer; Gosch; Greenfield (Lana); Holmes; Johns; Johnson; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Reed; Rozum; Schaefer; Schoenfish; Soli; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    So the motion having received an affirmative vote of a majority of the members present, the Speaker declared that the ruling of the chair was sustained.

    Rep. Rhoden moved that Rep. Jamison's motion to amend HB 1200 be laid on the table.

    The question being "Shall Rep. Rhoden's motion that Rep. Jamison's motion to amend HB 1200 be laid on the table?"

    And the roll being called:

    Yeas 54, Nays 13, Excused 3, Absent 0

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

    Nays:
Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Haugaard; Jamison; Kaiser; Karr; Latterell; Lust; Pischke

    Excused:
Carson; McPherson; Smith

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


    The question being "Shall HB 1200 pass as amended?"

    And the roll being called:

    Yeas 42, Nays 25, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Beal; Bordeaux; Chase; Duvall; Glanzer; Gosch; Hawley; Holmes; Hunhoff; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Lesmeister; Livermont; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Rasmussen; Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Bartling; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Frye-Mueller; Goodwin; Greenfield (Lana); Haggar; Haugaard; Heinemann; Howard; Jamison; Kaiser; Karr; Latterell; Lust; Mills; Peterson (Sue); Pischke; Qualm; Rhoden; Wiese

    Excused:
Carson; McPherson; Smith

    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 1187: FOR AN ACT ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding conditional use requests.

    Was read the second time.

    The question being "Shall HB 1187 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 36, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Beal; Duvall; Greenfield (Lana); Haggar; Heinemann; Holmes; Jamison; Johns; Kettwig; Lake; Lust; Marty; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Rozum; Schaefer; Schoenfish; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Speaker Mickelson

    Nays:
Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Haugaard; Hawley; Howard; Hunhoff; Jensen (Kevin); Johnson; Kaiser; Karr; Latterell; Lesmeister; Livermont; May; McCleerey; Mills; Peterson (Sue); Pischke; Rasmussen; Ring; Rounds; Soli; Steinhauer; Wismer; Zikmund


    Excused:
Carson; McPherson; Smith

    So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

    Rep. Mickelson announced his intention to reconsider the vote by which HB 1187 lost.

    HB 1173: FOR AN ACT ENTITLED, An Act to revise the distribution of funds from the building South Dakota fund.

    Was read the second time.

    The question being "Shall HB 1173 pass?"

    And the roll being called:

    Yeas 59, Nays 8, Excused 3, Absent 0

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

    Nays:
Dennert; Haggar; Haugaard; Johnson; Kaiser; Latterell; May; Pischke

    Excused:
Carson; McPherson; Smith

    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 1072: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to permits to carry a concealed pistol.

    Was read the second time.

    The question being "Shall HB 1072 pass as amended?"

    And the roll being called:



    Yeas 37, Nays 30, Excused 3, Absent 0

    Yeas:
Beal; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Howard; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Marty; May; Mills; Otten (Herman); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Schoenfish; Wiese; Willadsen; Zikmund

    Nays:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Chase; Conzet; Duvall; Hawley; Holmes; Hunhoff; Jamison; Johns; Lust; McCleerey; Peterson (Kent); Reed; Ring; Rounds; Rozum; Schaefer; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wismer; York; Speaker Mickelson

    Excused:
Carson; McPherson; Smith

    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 1082: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

    Was read the second time.

1082xa

    Rep. Johns moved that HB 1082 be amended as follows:

    On page 2 of the printed bill, delete lines 20 to 23, inclusive.

    Which motion prevailed.

    The question being "Shall HB 1082 pass as amended?"

    And the roll being called:

    Yeas 51, Nays 16, Excused 3, Absent 0


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

    Nays:
Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Howard; Jamison; Kaiser; Livermont; Marty; May; Otten (Herman); Pischke; Willadsen

    Excused:
Carson; McPherson; Smith

    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 1210: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Minnehaha County and to provide for the deposit of the proceeds.

    Was read the second time.

1210xa

    Rep. Haugaard moved that HB 1210 be amended as follows:

    On page 2, line 12, of the House Appropriations Committee engrossed bill, delete everything after "." .

    On page 2, line 13, delete everything before "The" .

    Which motion prevailed.

    The question being "Shall HB 1210 pass as amended?"

    And the roll being called:

    Yeas 49, Nays 18, Excused 3, Absent 0


    Yeas:
Anderson; Bartels; Bartling; Beal; Chase; Clark; Conzet; Dennert; Duvall; Glanzer; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Mills; Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bordeaux; Brunner; Campbell; DiSanto; Frye-Mueller; Goodwin; Gosch; Kaiser; Lesmeister; Marty; May; McCleerey; Otten (Herman); Pischke; Ring; Soli; Wismer

    Excused:
Carson; McPherson; Smith

    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 Mickelson now presiding.

    Rep. Qualm moved that the House do now recess until 6:45 p.m., which motion prevailed and at 6:08 p.m., the House recessed.

RECESS

    The House reconvened at 6:45 p.m., the Speaker presiding.

    HB 1188: FOR AN ACT ENTITLED, An Act to accommodate legislation to promote agricultural development.

    Was read the second time.

1188fb

    Rep. Kettwig moved that HB 1188 be amended as follows:

    On page 1, line 6, of the House Appropriations Committee engrossed bill, before "entities" insert "governmental".

    On page 1, line 12, after "county" insert "or municipality".

    On page 2, line 2, delete everything after "county" and insert "or municipality has adopted a system of zoning, consideration shall be given to the extent of the fit between the".

    On page 2, line 6, after "county's" insert "or municipality's".

    On page 2, line 11, delete "shall apply" and insert "applies".

    On page 2, line 13, delete everything after "." .

    On page 2, delete lines 14 to 16, inclusive.

    On page 3, delete lines 8 to 11, inclusive.

    Which motion prevailed.

    The question being "Shall HB 1188 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 37, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Beal; Glanzer; Haggar; Holmes; Johns; Johnson; Kettwig; Lake; Lust; Mills; Otten (Herman); Peterson (Kent); Pischke; Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tulson; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Howard; Hunhoff; Jamison; Jensen (Kevin); Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Peterson (Sue); Rasmussen; Ring; Soli; Tieszen; Turbiville; Wismer

    Excused:
Carson; McPherson; Smith

    So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

    HB 1157: FOR AN ACT ENTITLED, An Act to create the agriculture future development subfund, to provide for its administration, to establish the agriculture future development subcommittee, and to provide funding for certain programs and projects.

    Was read the second time.


    The question being "Shall HB 1157 pass as amended?"

    And the roll being called:

    Yeas 60, Nays 7, Excused 3, Absent 0

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

    Nays:
Conzet; Dennert; Haugaard; Kaiser; Latterell; Livermont; May

    Excused:
Carson; McPherson; Smith

    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 1076: FOR AN ACT ENTITLED, An Act to create a State Government Accountability Board.

    Was read the second time.

1076di

    Rep. Lust moved that HB 1076 be amended as follows:

    On page 5, after line 13 of the House State Affairs Committee engrossed bill, insert:

"    Section 12. That § 3-6D-22 be amended to read:

    3-6D-22. An employee may file a grievance with the Civil Service Commission if the employee believes that there has been retaliation because of reporting a violation of state law through the chain of command of the employee's department or, to the attorney general's office, the State Government Accountability Board, or because the employee has filed a suggestion pursuant to this section. ".


    Which motion prevailed.


    The question being "Shall HB 1076 pass as amended?"

    And the roll being called:

    Yeas 64, Nays 3, Excused 3, Absent 0

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

    Nays:
Gosch; Howard; Karr

    Excused:
Carson; McPherson; Smith

    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 1142: FOR AN ACT ENTITLED, An Act to revise the penalty for vehicular homicide.

    Was read the second time.

    The question being "Shall HB 1142 pass as amended?"

    And the roll being called:

    Yeas 49, Nays 18, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; DiSanto; Duvall; Glanzer; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kettwig; Lake; Latterell; Lesmeister; Livermont; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

    Nays:
Conzet; Dennert; Frye-Mueller; Goodwin; Gosch; Haugaard; Howard; Johns; Kaiser; Karr; Lust; Marty; May; Rounds; Stevens; Tieszen; Tulson; Speaker Mickelson


    Excused:
Carson; McPherson; Smith

    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 1183: FOR AN ACT ENTITLED, An Act to provide and revise certain provisions regarding mental health procedures in criminal justice, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1183 pass as amended?"

    And the roll being called:

    Yeas 50, Nays 17, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Chase; Clark; Conzet; Duvall; Glanzer; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Lust; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

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

    Excused:
Carson; McPherson; Smith

    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 1089: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding investigations of misconduct by certain public officials.

    Was read the second time.

    Rep. Haggar moved that HB 1089 be laid on the table.

    The question being on Rep. Haggar's motion that HB 1089 be laid on the table.


    And the roll being called:

    Yeas 65, Nays 2, 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); Haggar; Haugaard; 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; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Lust; Stevens

    Excused:
Carson; McPherson; Smith

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1089 was tabled.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Rep. Qualm moved that the balance of the calendar including SB 14, 15, 17, 18, 1, 44, 49, 6, 59, 34, 63, 7, 19, 36, 69, 70, 66, 11, 86, 79, and 118 be deferred to Friday, February 24, the 28th legislative day.

    Which motion prevailed.

    There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    Rep. Anderson moved that the House do now reconsider the vote by which HB 1209 lost.

    The question being on Rep. Anderson's motion to reconsider the vote by which HB 1209 lost.

    And the roll being called:

    Yeas 48, Nays 19, Excused 3, Absent 0


    Yeas:
Anderson; Bartels; Bartling; Beal; Brunner; Chase; Clark; Conzet; Dennert; Duvall; Glanzer; Gosch; Haggar; Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lust; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bordeaux; Campbell; DiSanto; Frye-Mueller; Goodwin; Greenfield (Lana); Hawley; Kaiser; Lesmeister; Livermont; Marty; May; McCleerey; Mills; Pischke; Ring; Soli; Wismer

    Excused:
Carson; McPherson; Smith

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1209 was up for reconsideration and final passage.

    HB 1209: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the STAR Academy and to provide for the deposit of the proceeds.

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

1209xa

    Rep. Dennert moved that HB 1209 be amended as follows:

    On page 3, line 3, of the printed bill, delete everything after "." .

    On page 3, line 4, delete everything before "The" .

    Which motion prevailed.

1209xb

    Rep. Haugaard moved that HB 1209 be further amended as follows:

    On page 1, line 5, of the printed bill, after "sell" insert "or lease".

    On page 2, line 14, after "sold" insert "or leased".

    On page 2, line 18, after "sold" insert "or leased".

    On page 2, line 21, after "sale" insert "or lease".

    On page 3, line 1, after "sell" insert "or lease".
    On page 3, line 3, after "sale" insert "or lease".

    On page 3, line 4, after both "sale" insert "or lease".

    Which motion lost.

    Rep. Qualm moved the previous question.

    Which motion prevailed.

    The question being "Shall HB 1209 pass as amended?"

    And the roll being called:

    Yeas 46, Nays 21, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Bartling; Beal; Brunner; Chase; Clark; Conzet; Dennert; Duvall; Glanzer; Goodwin; Gosch; Haggar; Heinemann; Holmes; Howard; Hunhoff; Jamison; Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lust; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bordeaux; Campbell; DiSanto; Frye-Mueller; Greenfield (Lana); Haugaard; Hawley; Jensen (Kevin); Kaiser; Lesmeister; Livermont; Marty; May; McCleerey; Mills; Pischke; Ring; Soli; Steinhauer; Wismer

    Excused:
Carson; McPherson; Smith

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

    Speaker Pro tempore Haggar now presiding.

    Rep. Mickelson moved that the House do now reconsider the vote by which HB 1187 lost.

    The question being on Rep. Mickelson's motion to reconsider the vote by which HB 1187 lost.

    And the roll being called:

    Yeas 37, Nays 30, Excused 3, Absent 0



    Yeas:
Anderson; Bartels; Beal; Chase; Duvall; Glanzer; Haggar; Heinemann; Holmes; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lust; Marty; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Bordeaux; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Hunhoff; Kaiser; Latterell; Lesmeister; Livermont; May; McCleerey; Mills; Peterson (Sue); Pischke; Rhoden; Ring; Soli; Wismer

    Excused:
Carson; McPherson; Smith

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1187 was up for reconsideration and final passage.

    HB 1187: FOR AN ACT ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding conditional use requests.

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

    The question being "Shall HB 1187 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 34, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Beal; Chase; Duvall; Glanzer; Haggar; Heinemann; Holmes; Jamison; Johns; Johnson; Kettwig; Lake; Lust; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Bordeaux; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Hunhoff; Jensen (Kevin); Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Mills; Peterson (Sue); Pischke; Rasmussen; Ring; Soli; Steinhauer; Wismer

    Excused:
Carson; McPherson; Smith

    So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.



    Speaker Mickelson now presiding.

    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 the Office of Engrossing and Enrolling has carefully compared HB 1056 and 1127 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1056: FOR AN ACT ENTITLED, An Act to authorize law enforcement officers to issue certain citations not signed under oath.

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

    SB 109: FOR AN ACT ENTITLED, An Act to provide certain criteria for meeting the ownership requirements for classifying dwellings as owner-occupied property.

    And signed the same in the presence of the House.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 9:09 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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