JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

THIRTY-FOURTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 5, 2019

The House convened at 2:00 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 Emmy Sundby.

Roll Call: All members present except Reps. Bordeaux, Livermont, McCleery, Kent Peterson, and St. John who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

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

And we hereby move the adoption of the report.

Respectfully submitted,

Steven G. Haugaard, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1001, 1009, 1061, 1063, 1074, and 1196 were delivered to her Excellency, the Governor, for her approval at
10:30 a.m., March 5, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1032, 1050, 1053, 1103, 1193, 1202, and 1272 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SJR2, which was reconsidered, and returns the same without recommendation.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

136bc

On page 1, line 6, of the Senate engrossed bill, delete "who is licensed, certified, or"

On page 1, line 7, delete "otherwise authorized under the laws of this state to provide heath care services".

On page 2, line 16, delete "or regulation".

On page 3, line 14, after "situations," insert "and".

On page 3, line 16, delete "who" and insert "and".

On page 3, line 16, overstrike ",".

On page 4, line 5, delete "technologies".

And that as so amended 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 137 and returns the same with the recommendation that said bill be amended as follows:

137bb

On page 1, line 6, of the Senate Health and Human Services Committee engrossed bill, delete ", a person who is licensed,"

    On page 1, delete line 7.

    On page 1, line 8, delete "services".

On page 2, line 4, delete "service".

On page 3, line 6, after "and" insert "a".

On page 3, line 7, delete "health care services".

On page 4, line 3, delete ";" and insert ".".

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

Respectfully submitted,
Marli Wiese, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1022, 1055, and 1094 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HJR 1003 and HB 1229 were lost for failure to be placed on the Senate calendar.

Also MR. SPEAKER:

I have the honor to return herewith HB 1032, 1050, 1053, 1103, 1193, 1202, and 1272 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 55, 64, 70, 72, and 73.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Frye-Mueller moved that HR 1004 be deferred to Wednesday, March 6, 2019, the
35^th legislative day.

Which motion prevailed.

SCR 8: A CONCURRENT RESOLUTION, Requesting Congress to lawfully change the Medicaid eligibility requirements to give states the option to provide Medicaid services to persons in jail pending disposition.

Was read the second time.

Rep. Kevin Jensen moved that SCR 8 as found on page 345 of the Senate Journal be concurred in.

The question being on Rep. Kevin Jensen's motion that SCR 8 be concurred in.

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Mulally; Olson

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 8 was concurred in.

Rep. Sue Peterson moved that Joint Rule 17-G be suspended for the sole purpose of introducing and placing on tomorrow's calendar a House Commemoration.

The question being on Rep. Sue Peterson's motion that Joint Rule 17-G be suspended for the sole purpose of introducing and placing on tomorrow's calendar a House Commemoration.

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Qualm; Saba; St John

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

HR 1005 Introduced by: Representatives Goodwin, Brunner, Frye-Mueller, Jensen (Kevin), Livermont, Marty, and Randolph

A RESOLUTION, Rebuking Congressman Dusty Johnson for voting against President Trump's emergency measures to secure the Southern border, and urging Senators John Thune and Mike Rounds to support President Trump's constitutional efforts as our military Commander in Chief to do so.

WHEREAS, a state of emergency exists in the United States due to Congress' failing to perform its constitutional duties of securing our borders and defending the nation against the lawless invasion of this country by twelve to twenty-two million illegal aliens; and

WHEREAS, the South Dakota Legislature identified within Senate Concurrent Resolution 4, the mass amount of horrific crimes American citizens are subjected to due to the illegal alien crime wave from which federal law enforcement is desperately attempting to defend the American public; and

WHEREAS, the South Dakota Legislature passed Senate Concurrent Resolution 4 on January 24, urging Congress and the President of the United States immediately to address this emergency by providing for the security of our nation by controlling and securing our national borders with appropriate legislation to fund the construction of steel barriers and border control impediments along with the strengthening of current border control infrastructure; and

WHEREAS, the President of the United States is the Commander in Chief of the nation's military and is constitutionally empowered to direct and order the defenses of the nation; and

WHEREAS, on February 19, the President issued a presidential proclamation officially declaring a national emergency concerning the southern border of the United States, and ordering the nation's military to use monies already appropriated to the Department of Defense, to be specifically used to harden the defenses and security of the southern border; and

WHEREAS, on February 26, Representative Dusty Johnson voted for House Joint Resolution 46 to terminate President Trump's emergency declaration; and

WHEREAS, House Joint Resolution 46 will be heard by the United States Senate; and

WHEREAS, it is the duty and responsibility of the federal government to protect national borders and secure the sovereignty of the United States as well as to enforce immigration and employment laws for the protection of American citizens; and

WHEREAS, the enforcement of existing federal immigration laws, especially those regarding national security, immigration, and employment are necessary for the preservation of the sovereignty of this nation and the well-being of the American people; and

WHEREAS, Congress has been woefully remiss in its duties to protect our national borders and enforce existing federal immigration laws creating a constitutional crisis and national emergency:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, that the South Dakota Legislature rebukes Representative Dusty Johnson for his betrayal of national interests in opposing President Trump's constitutional authority as the Commander in Chief of the U.S. military; and

BE IT FURTHER RESOLVED, that the South Dakota House of Representatives urges Senators John Thune and Mike Rounds to oppose House Joint Resolution 46 and support the President of the United States in his efforts to immediately provide for the security of our nation by controlling and securing our national borders, as specifically called for within South Dakota Legislature's Senate Concurrent Resolution 4.

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

HR 1006 Introduced by: Representatives Mills, Brunner, Deutsch, Glanzer, Goodwin, Hammock, Hansen, Haugaard, Jensen (Kevin), Koth, Latterell, Peterson (Sue), Post, Qualm, Randolph, Rasmussen, Smith (Jamie), Weis, and Wiese

A RESOLUTION, Recognizing the deleterious effects of gambling and video lottery.

WHEREAS, at the time of statehood, in 1889, the framers of the Constitution of South Dakota recognized the dangers inherent in gambling and sagaciously prohibited the activity under any pretense or for whatever purpose; and

WHEREAS, approximately a century later, an insatiable desire for revenue opened the door to gambling, including a lottery that is devoted to the operation of state government and then video lottery; and

WHEREAS, more than 1,300 video lottery casinos are now situated across this state; and

WHEREAS, video lottery annually contributes between eighty-eight and one hundred ten million dollars to the coffers of this state, thereby accounting for six to seven percent of the state's annual revenue; and

WHEREAS, video lottery is often referred to as the crack cocaine of gambling because it is recognized as the most addictive form of gambling; and

WHEREAS, South Dakota is now estimated to have between 13,000 and 26,000 pathological gamblers; and

WHEREAS, South Dakota now has the undesirable distinction of being ranked second in the nation with respect to gambling addiction; and

WHEREAS, research indicates that the annual cost to a state for each pathological gambler is in excess of fourteen thousand dollars; and

WHEREAS, crime statistics confirm significant increases in armed robbery, burglary, theft, embezzlement, and family violence, as well as suicide, since the institution of video lottery; and

WHEREAS, since the institution of video lottery, the exorbitant and ever-increasing social costs associated with this form of gambling have taken their toll both directly and indirectly on individuals, on families, on our businesses and communities, and on the health and wellbeing of our state:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature recognizes the deleterious effects of gambling and particularly of video lottery and that the Legislature invites and encourages the Governor and representatives of various public and private sector entities to join together for the purpose of responsibly reducing and ultimately eliminating this state's reliance on revenues that are generated through the video lottery and other forms of addictive gambling.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 116 as found on page 597 of the House Journal; also

Judiciary on SB 167 as found on page 598 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Mulally requested that SB 187 and SB 91 be removed from the Consent Calendar.

Which request was granted.

SB 54: FOR AN ACT ENTITLED, An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.

Was read the second time.

The question being "Shall SB 54 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that SB 140 and 66 be deferred to Wednesday, March 6, 2019, the
35^th legislative day.

Which motion prevailed.

SB 48: FOR AN ACT ENTITLED, An Act to authorize counties on behalf of certain improvement districts to issue convention facility on-sale licenses to sell alcoholic beverages.

Was read the second time.

The question being "Shall SB 48 pass as amended?"

And the roll being called:

Yeas 58, Nays 6, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Lesmeister; Marty; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund

Nays:
Johns; Latterell; Mulally; Peterson (Sue); Randolph; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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 56: FOR AN ACT ENTITLED, An Act to revise certain provision regarding the regulation of fireworks and to declare an emergency.

Was read the second time.

The question being "Shall SB 56 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 3: FOR AN ACT ENTITLED, An Act to create the Special Education Interim Legislative Committee.

Was read the second time.

The question being "Shall SB 3 pass as amended?"

And the roll being called:

Yeas 48, Nays 16, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Borglum; Brunner; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (David); Koth; Lake; Lesmeister; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Post; Pourier; Qualm; Rasmussen; Reed; Ring; Rounds; Schoenfish; Smith (Jamie); Sullivan; Wiese; Willadsen; York; Zikmund

Nays:
Beal; Dennert; Frye-Mueller; Gross; Howard; Johnson (Chris); Karr; Latterell; Marty; Mulally; Pischke; Randolph; Reimer; Steele; Weis; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

The question being on the title.

3cta

Rep. Schoenfish moved that the title to SB 3 be amended as follows:

On page 1, line 1, of the House Education Committee engrossed bill, delete "Task Force" and insert "Interim Legislative Committee".

Which motion prevailed and the title was so amended.

SB 175: FOR AN ACT ENTITLED, An Act to make an appropriation for the South Dakota Ellsworth Development Authority and to declare an emergency.

Was read the second time.

The question being "Shall SB 175 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 149: FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize a brand registration application fee.

Was read the second time.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 57, Nays 7, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Koth; Lake; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Dennert; Finck; Frye-Mueller; Gross; Karr; Latterell; Pischke

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 153: FOR AN ACT ENTITLED, An Act to authorize the Game, Fish and Parks Commission to provide for a special hunting license with the proceeds to be used for habitat.

Was read the second time.

The question being "Shall SB 153 pass as amended?"

And the roll being called:

Yeas 61, Nays 3, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Frye-Mueller; Howard; Mulally

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding instruction and restricted driving permits.

Was read the second time.

Rep. Jamie Smith moved that SB 93 be laid on the table.

The question being on Rep. Jamie Smith's motion that SB 93 be laid on the table.

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Gosch; Olson

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 93 was tabled.

SB 8: FOR AN ACT ENTITLED, An Act to provide for a statewide resource information system and to make an appropriation therefor.

Was read the second time.

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Rep. Karr moved that SB 8 be amended as follows:

On page 1, line 12, of the Joint Appropriations Committee engrossed bill, delete "one dollars ($1)" and insert "two dollars ($2)".

Which motion prevailed.

The question being "Shall SB 8 pass as amended?"

And the roll being called:

Yeas 50, Nays 14, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Lesmeister; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Frye-Mueller; Gosch; Greenfield (Lana); Gross; Hammock; Howard; Latterell; Marty; Mulally; Peterson (Sue); Pischke; Post; Randolph; Steele

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 128: FOR AN ACT ENTITLED, An Act to make an appropriation to the gaming commission fund, to provide for the transfer of funds to the special racing revolving fund and the South Dakota-bred racing fund, and to declare an emergency.

Was read the second time.

128ta

Rep. Karr moved that SB 128 be amended as follows:

On page 1, line 5, of the Joint Appropriations Committee engrossed bill, delete "one dollar ($1)" and insert "two dollars ($2)".

Which motion prevailed.

The question being "Shall SB 128 pass as amended?"

And the roll being called:

Yeas 50, Nays 14, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Lesmeister; Marty; Miskimins; Olson; Otten (Herman); Perry; Pischke; Pourier; Qualm; Reed; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York

Nays:
Deutsch; Gross; Latterell; Mills; Milstead; Mulally; Peterson (Sue); Post; Randolph; Rasmussen; Reimer; Ring; Zikmund; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 173: FOR AN ACT ENTITLED, An Act to make an appropriation to fund certain health care innovation grants, to require certain reports, expedite the nursing home rate methodology review, and to declare an emergency.

Was read the second time.

The question being "Shall SB 173 pass as amended?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund

Nays:
Latterell; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 174: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of a health services building and renovation at the Jameson Prison Annex on the grounds of the state penitentiary and to declare an emergency.

Was read the second time.

The question being "Shall SB 174 pass?"

And the roll being called:

Yeas 54, Nays 10, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (David); Karr; Koth; Lake; Lesmeister; Marty; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Reed; Reimer; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; Zikmund

Nays:
Frye-Mueller; Greenfield (Lana); Johnson (Chris); Latterell; Mills; Randolph; Rasmussen; Ring; York; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 176: FOR AN ACT ENTITLED, An Act to make an appropriation for the second century habitat fund and to declare an emergency.

Was read the second time.

176tb

Rep. Karr moved that SB 176 be amended as follows:

On page 1, line 5, of the Joint Appropriations Committee engrossed bill, delete "thousand dollars ($500,000)" and insert "thousand one dollars ($500,001)".

Which motion prevailed.

The question being "Shall SB 176 pass as amended?"

And the roll being called:

Yeas 36, Nays 28, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Chase; Dennert; Deutsch; Diedrich; Duvall; Glanzer; Goodwin; Hammock; Hansen; Hunhoff; Jensen (Kevin); Johns; Karr; Lake; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Qualm; Rasmussen; Reed; Reimer; Rounds; Schoenfish; Weis; Willadsen; York; Zikmund

Nays:
Brunner; Chaffee; Cwach; Duba; Finck; Frye-Mueller; Gosch; Greenfield (Lana); Gross; Healy; Howard; Johnson (Chris); Johnson (David); Koth; Latterell; Lesmeister; Marty; Mulally; Pischke; Post; Pourier; Randolph; Ring; Smith (Jamie); Steele; Sullivan; Wiese; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 177: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety to remodel an existing structure in Sturgis for use as the state metrology lab, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall SB 177 pass?"

And the roll being called:

Yeas 61, Nays 3, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Gosch; Greenfield (Lana); Pourier

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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.

Pursuant to Joint Rule 5-13.1, SB 176 was up for immediate reconsideration.

The question being "Shall SB 176 pass as amended?"

And the roll being called:

Yeas 43, Nays 21, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Karr; Koth; Lake; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Pourier; Qualm; Rasmussen; Reed; Reimer; Rounds; Schoenfish; Smith (Jamie); Weis; Willadsen; York; Zikmund

Nays:
Brunner; Cwach; Frye-Mueller; Gosch; Greenfield (Lana); Gross; Howard; Johnson (Chris); Johnson (David); Latterell; Lesmeister; Marty; Mulally; Pischke; Post; Randolph; Ring; Steele; Sullivan; Wiese; Haugaard

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

Rep. Qualm announced his intention to reconsider the vote by which SB 176 lost.

SB 178: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks to fund certain improvements to Palisades State Park and to declare an emergency.

Was read the second time.

178tb

Rep. Karr moved that SB 178 be amended as follows:

On page 1, line 6, of the Joint Appropriations Committee engrossed bill, delete everything before "or" and insert "thousand one dollars ($400,001),".

Which motion prevailed.

The question being "Shall SB 178 pass as amended?"

And the roll being called:

Yeas 48, Nays 16, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gross; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (David); Karr; Koth; Lake; Lesmeister; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Qualm; Randolph; Rasmussen; Reed; Reimer; Rounds; Schoenfish; Smith (Jamie); Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Brunner; Dennert; Frye-Mueller; Gosch; Greenfield (Lana); Howard; Johnson (Chris); Latterell; Marty; Mills; Mulally; Post; Pourier; Ring; Steele; Weis

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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

SB 74: FOR AN ACT ENTITLED, An Act to revise provisions regarding multiple convictions for certain offenses.

Was read the second time.

The question being "Shall SB 74 pass?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Beal; Otten (Herman)

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

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 House do now reconsider the vote by which SB 176 lost, and place on the calendar of Wednesday, March 6, 2019, the 35^th legislative day.

The question being on Rep. Qualm's motion to reconsider the vote by which SB 176 lost, and place on the calendar of Wednesday, March 6, 2019, the 35^th legislative day.

And the roll being called:

Yeas 47, Nays 17, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gross; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Karr; Koth; Lake; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Post; Pourier; Qualm; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Weis; Willadsen; York; Zikmund; Haugaard

Nays:
Brunner; Frye-Mueller; Gosch; Greenfield (Lana); Howard; Johnson (Chris); Johnson (David); Latterell; Lesmeister; Marty; Mulally; Pischke; Randolph; Rasmussen; Steele; Sullivan; Wiese

Excused:
Bordeaux; Livermont; McCleerey; Peterson (Kent); Saba; St John

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 176 was up for reconsideration and so placed on the calendar.

COMMEMORATIONS

HC 1028 Introduced by: Representatives Peterson (Sue), Anderson, Bartels, Barthel, Beal, Bordeaux, Borglum, Brunner, Chaffee, Chase, Cwach, Dennert, Deutsch, Diedrich, Duba, Duvall, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Gross, Hammock, Hansen, Haugaard, Healy, Howard, Hunhoff, Jensen (Kevin), Johns, Johnson (Chris), Johnson (David), Karr, Koth, Lake, Latterell, Lesmeister, Livermont, Marty, McCleerey, Mills, Milstead, Miskimins, Mulally, Olson, Otten (Herman), Perry, Peterson (Kent), Pischke, Post, Pourier, Qualm, Randolph, Rasmussen, Reed, Reimer, Rounds, Saba, Schoenfish, Smith (Jamie), St John, Steele, Sullivan, Weis, Wiese, Willadsen, York, and Zikmund and Senators Langer, Blare, Bolin, Cammack, Cronin, Curd, DiSanto, Ewing, Foster, Greenfield (Brock), Heinert, Jensen (Phil), Kennedy, Klumb, Kolbeck, Maher, Monroe, Nelson, Nesiba, Novstrup, Otten (Ernie), Partridge, Rusch, Russell, Schoenbeck, Smith (VJ), Soholt, Solano, Stalzer, Steinhauer, Sutton, White, Wiik, Wismer, and Youngberg

A LEGISLATIVE COMMEMORATION, Celebrating and commemorating the commissioning of the USS South Dakota.

WHEREAS, the U.S. Navy's seventeenth Virginia-class nuclear submarine, USS South Dakota, was commissioned at Naval Submarine Base New London on February 2, 2019; and

WHEREAS, the USS South Dakota is the first submarine of its class to feature various technological innovations including quieting technology for the engine room, quieting coating materials for the sub's hull, and a newly designed vertical array; and

WHEREAS, the USS South Dakota is three hundred and seventy-seven feet long, will be able to dive to depths greater than eight hundred feet, and operate at speeds in excess of twenty-five knots submerged; and

WHEREAS, Brian D. Hagg of Rapid City commemorated the historical event by writing a poetic tribute, which will be on display on board the submarine, in which he wrote:

God speed, great warship of the deep,
entrusted by our Motherland
to protect its shores
while our children sleep.
For the odyssey ahead will
demand much from commander and crew,
gallant sailors chosen from the special few.
May you be inspired by those
who fought so honorably before
aboard the USS South Dakota,
feared Battleship X,
decorated for its heroic engagements
during the Second World War.

God. speed, valiant sentry of the deep,
commissioned to protect our homeland
while our children sleep.
To your namesake's legacy
may you always be true,
with stealth and tenacity
bravely perform the missions
commanded of you.
Forthwith let the annals of naval history
chronicle your service with distinction,
for you must know, SSN 790,
that you have the trust of a grateful nation.

God speed, mighty vessel of the deep,
vanquish, if necessary,
dark forces that threaten America
while our children sleep.
From the Great State of South Dakota,
home of Mt. Rushmore,
with its iconic symbols of liberty
chiseled in stone,
accept this prayerful declaration.
If, in the service of our country,
perils of war put you in harm's way,
may you be inspired by Crazy Horse,
who fought bravely,
impervious to enemy fire,
and, guided by the spirit of Black Elk,
forget not that for which you stand,
rock solid in the service of our nation,
knowing you are in the thoughts and prayers
of a free homeland.

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature recognizes, commemorates, and celebrates the commissioning of the USS South Dakota.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1032: FOR AN ACT ENTITLED, An Act to revise provisions regarding money transmission.

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use and possession of scanning devices and reencoders.

HB 1053: FOR AN ACT ENTITLED, An Act to revise the value of gifts permitted for certain insurance advertising or promotional programs.

HB 1103: FOR AN ACT ENTITLED, An Act to establish a lemon law for certain farm machinery.

HB 1193: FOR AN ACT ENTITLED, An Act to provide a criminal penalty for causing an abortion against a pregnant mother's will.

HB 1202: FOR AN ACT ENTITLED, An Act to revise the number of qualified directors of a corporation needed to take certain actions.

HB 1272: FOR AN ACT ENTITLED, An Act to provide for remote notarization.

SB 84: FOR AN ACT ENTITLED, An Act to authorize the possession and administration of opioid antagonists by school district and nonpublic school personnel, and to declare an emergency.

SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the signature requirements for municipal elections.

SB 98: FOR AN ACT ENTITLED, An Act to repeal the sunset of a wine manufacturer license.

SB 114: FOR AN ACT ENTITLED, An Act to attribute campaign contributions by certain minors to their parents.

SB 163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding jury lists.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:45 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk