JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




TWENTY-NINTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 25, 2019

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

    The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by House pages Michael Garofalo and Brody Wilson.

    Roll Call: All members present except Reps. Frye-Mueller and Randolph 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-eighth day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Steven G. Haugaard, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1021, 1067, and 1159 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 59 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 75, 76, 77, and 90 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 55 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 6, of the Senate Education Committee engrossed bill, delete "may" and insert "shall" in both places.

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    On page 1, line 8, of the Senate Education Committee engrossed bill, after "." insert "The display shall be easily readable and may be no smaller than twelve inches wide by twelve inches high.".


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    On page 1, line 1, of the Senate Education Committee engrossed bill, delete "allow" and insert "require".

    And that as so amended said bill do pass.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 16 and 113 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill be amended as follows:

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

"    Section 1. That chapter 49-41B be amended by adding a NEW SECTION to read:

    For any wind energy facility that receives a permit under this chapter after July 1, 2019, the facility shall be equipped with an aircraft detection lighting system that meets the requirements set forth by the Federal Aviation Administration for obstruction marking and lighting in Chapter 14 of FAA Advisory Circular (AC) 70/7460-1L, "Obstruction Marking and Lighting," dated December 4, 2015. Any cost associated with the installation, operation, or maintenance of a system under this section is solely the responsibility of any owner of the wind energy facility."

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 137 and returns the same with the recommendation that said bill be referred to the Committee on Health and Human Services.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 45 and 143 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill be amended as follows:

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    On page 2, line 8, of the Senate Health and Human Services Committee engrossed bill, delete "the provisions of sections 1 and 2" and insert "section 1".

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

Respectfully submitted,
Jon Hansen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 52 and 187 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1004 in which the Senate has concurred.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1021, 1067, and 1159 which have passed the Senate without change.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1088 was lost for failure to be placed on the Senate calendar.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Hansen moved that HR 1003 be deferred to Wednesday, February 27, 2019, the
31st legislative day.

    Which motion prevailed.

    Rep. Livermont moved that HCR 1007 be deferred to Tuesday, February 26, 2019, the
30th legislative day.

    Which motion prevailed.

    Rep. Rounds moved that SB 137 be referred from the Committee on Commerce and Energy to the Committee on Health and Human Services.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce and Energy on HB 1084 and HB 1090 as found on page 477 and HB 1219 as found on Page 478 of the House Journal; also

    Judiciary on HB 1130 as found on page 486, HB 1132 as found on page 488, HB 1193 as found on page 494, HB 1195 as found on page 495, and HB 1272 as found on page 498 of the House Journal; also


    State Affairs on HB 1177 as found on page 501, HB 1246 and HB 1265 as found on page 502, and HJR 1006 and HB 1093 as found on page 508 of the House Journal be adopted.

    Which motion prevailed.

    No motion having been made for the disposition of HB 1028, pursuant to Joint Rule 6F-6, the bill was declared lost.

    Rep. Qualm moved that HB 1225 be placed on today's calendar.

    The question being on Rep. Qualm's motion that HB 1225 be placed on today's calendar.

    And the roll being called:

    Yeas 37, Nays 28, Excused 5, Absent 0

    Yeas:
Anderson; Beal; Brunner; Deutsch; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reimer; St John; Weis; Wiese; York; Zikmund; Haugaard

    Nays:
Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Diedrich; Duba; Duvall; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Olson; Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen

    Excused:
Dennert; Frye-Mueller; Marty; Randolph; Steele

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1225 was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 52: FOR AN ACT ENTITLED, An Act to require a survey to determine the adequacy of civics and history instruction in accredited schools.

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


    SB 187: FOR AN ACT ENTITLED, An Act to define electric bicycles and to provide for the regulation of electric bicycles.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1090: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the exercise of certain powers over certain property.

    HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding surplus line insurance.

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

    HB 1093: FOR AN ACT ENTITLED, An Act to establish legal standards applicable to petition challenges.

    Were read the second time.

    The question being "Shall HB 1090, 1219, 1272, and 1093 pass as amended?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

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

    Excused:
Dennert; Frye-Mueller; Marty; Randolph; Steele

    So the bills having received an affirmative vote of a majority of the members-elect, the Speaker declared the bills passed and the titles were agreed to.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding tobacco products.

    Was read the second time.

    Rep. Rounds rose to a point of order that Rep. Perry was speaking to an amendment which has not yet been moved. Speaker sustained Rep. Rounds' point of order. Rep. Pischke rose to move the amendment to HB 1209.

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

    On the House Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 34-46-1 be amended to read:

    34-46-1. Terms used in this chapter mean:

            (1)    "Electronic smoking device," any product containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any nicotine device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor;

            (2)    "Proof of age," a driver's license, nondriver identification card, tribal identification card, or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid;

            (2)(3)    "Sample," tobacco products distributed to members of the general public at no cost for purposes of promoting the product;

            (3)(4)    "Sampling," the distribution of samples to members of the general public in a public place;

            (4)(5)    "Self-service display," a display that contains cigarettes or smokeless tobacco, or both, and is located in an area openly accessible to the merchant's consumers, and from which such consumers can readily access cigarettes or smokeless tobacco, or both, without the assistance of the merchant or an employee or agent of the merchant. A display case that holds tobacco products behind locked doors does not constitute a self-service display;

            (6)    "Smoke" or "Smoking," the act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form;

            (5)(7)    "Tobacco product," any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products as defined in § 34-46-20;

            (6)(8)    "Tobacco speciality store," a business that derives at least seventy-five percent of its revenue from the sale of tobacco products.

    Section 2. That § 34-46-14 be amended to read:

    34-46-14. No person may smoke tobacco product or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense.

    Section 3. That § 34-46-20 be amended to read:

    34-46-20. For the purposes of §§ 34-46-2 to 34-46-6, inclusive, and 34-46-21 this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic smoking device, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose. "


    Which motion prevailed.

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

    And the roll being called:

    Yeas 48, Nays 19, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Greenfield (Lana); Gross; Hammock; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Mills; Milstead; Miskimins; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Post; Pourier; Rasmussen; Reed; Ring; Saba; Smith (Jamie); St John; Steele; Sullivan; Wiese; York; Zikmund; Haugaard



    Nays:
Beal; Brunner; Chaffee; Gosch; Hansen; Howard; Johnson (Chris); Karr; Latterell; Livermont; Mulally; Olson; Pischke; Qualm; Reimer; Rounds; Schoenfish; Weis; Willadsen

    Excused:
Frye-Mueller; Marty; Randolph

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

    The question being on the title.

1209ktb

    Rep. Perry moved that the title to HB 1209 be amended as follows:


    On page 1, line 1, of the House Health and Human Services Committee engrossed bill, delete everything after "Act to" and insert "revise certain provisions regarding vapor products.".

    Which motion prevailed and the title was so amended.

    HB 1230: FOR AN ACT ENTITLED, An Act to add clergy to the list of mandatory reporters for suspected child abuse or neglect.

    Was read the second time.

1230kb

    Rep. Healy moved that HB 1230 be amended as follows:

    On page 1, line 11, of the printed bill, delete "church staff or".

    On page 2, line 5, delete "or church staff".

    On page 2, line 7, delete "or church staff".

    Which motion prevailed.

    The question being "Shall HB 1230 pass as amended?"


    And the roll being called:

    Yeas 33, Nays 34, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Cwach; Deutsch; Diedrich; Duba; Duvall; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Milstead; Miskimins; Olson; Otten (Herman); Peterson (Kent); Pourier; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; Zikmund

    Nays:
Beal; Brunner; Chaffee; Chase; Dennert; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Mills; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm; Rounds; St John; Steele; Weis; Wiese; York; Haugaard

    Excused:
Frye-Mueller; Marty; Randolph

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

    Rep. Healy announced her intention to reconsider the vote by which HB 1230 lost.

    HB 1232: FOR AN ACT ENTITLED, An Act to lower the compulsory age for school attendance.

    Was read the second time.

    The question being "Shall HB 1232 pass?"

    And the roll being called:

    Yeas 27, Nays 40, Excused 3, Absent 0

    Yeas:
Beal; Brunner; Dennert; Gosch; Greenfield (Lana); Gross; Howard; Johnson (Chris); Koth; Livermont; Mills; Milstead; Miskimins; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (David); Karr; Lake; Latterell; Lesmeister; McCleerey; Olson; Otten (Herman); Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund



    Excused:
Frye-Mueller; Marty; Randolph

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

    There being no objection, the House reverted to Order of Business No. 8 - Motions and Resolutions.

MOTIONS AND RESOLUTIONS

    Earlier today, Rep. Healy announced her intention to reconsider the vote by which
HB 1230 lost.

    Rep. Healy moved that the House do now reconsider the vote by which HB 1230 lost, and be immediately reconsidered.

    The question being on Rep. Healy's motion to reconsider the vote by which HB 1230 lost, and be immediately reconsidered.

    And the roll being called:

    Yeas 28, Nays 39, Excused 3, Absent 0

    Yeas:
Barthel; Bordeaux; Cwach; Diedrich; Duba; Finck; Goodwin; Healy; Hunhoff; Johns; Koth; Lesmeister; McCleerey; Milstead; Miskimins; Olson; Otten (Herman); Peterson (Kent); Pourier; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; York; Zikmund

    Nays:
Anderson; Bartels; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch; Duvall; Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Lake; Latterell; Livermont; Mills; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reed; Rounds; Steele; Weis; Wiese; Willadsen; Haugaard

    Excused:
Frye-Mueller; Marty; Randolph

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


    There being no objection, the House proceeded to Order of Business No. 13 - Second Reading of House Bills and Joint Resolutions.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1270: FOR AN ACT ENTITLED, An Act to protect the teaching of certain scientific information.

    Was read the second time.

    The question being "Shall HB 1270 pass?"

    And the roll being called:

    Yeas 21, Nays 46, Excused 3, Absent 0

    Yeas:
Brunner; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Johnson (Chris); Latterell; Livermont; Mills; Milstead; Mulally; Perry; Peterson (Sue); Pischke; Rasmussen; St John; Steele; Weis; Wiese; Haugaard

    Nays:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gross; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (David); Karr; Koth; Lake; Lesmeister; McCleerey; Miskimins; Olson; Otten (Herman); Peterson (Kent); Post; Pourier; Qualm; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund

    Excused:
Frye-Mueller; Marty; Randolph

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

    Speaker Pro tempore Gosch now presiding.

    HB 1251: FOR AN ACT ENTITLED, An Act to license out-of-state multi-jurisdictional totalizator hubs and distribute source market fees to the special racing revolving fund and the South Dakota-bred racing fund.

    Was read the second time.

    The question being "Shall HB 1251 pass as amended?"


    And the roll being called:

    Yeas 45, Nays 22, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Lake; Lesmeister; Livermont; McCleerey; Miskimins; Otten (Herman); Perry; Peterson (Kent); Pischke; Pourier; Qualm; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Weis

    Nays:
Brunner; Deutsch; Gross; Hammock; Hansen; Howard; Koth; Latterell; Mills; Milstead; Mulally; Olson; Peterson (Sue); Post; Rasmussen; Reimer; Steele; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Frye-Mueller; Marty; Randolph

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

    Rep. Rounds announced his intention to reconsider the vote by which HB 1251 lost.

    HB 1173: FOR AN ACT ENTITLED, An Act to permit the possession of firearms by certain employees.

    Was read the second time.

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    Rep. Herman Otten moved that HB 1173 be amended as follows:

    On page 1, line 5, of the House State Affairs Committee engrossed bill, after "firearm" insert "concealed inside a" and delete "inside a".

    Which motion prevailed.

    The question being "Shall HB 1173 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 36, Excused 2, Absent 0


    Yeas:
Beal; Brunner; Chaffee; Deutsch; Finck; Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Latterell; Livermont; Marty; Mills; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reimer; St John; Steele; Weis; Wiese; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Goodwin; Healy; Hunhoff; Johns; Johnson (David); Karr; Koth; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Olson; Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund

    Excused:
Frye-Mueller; Randolph

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

    There being no objection, the House reverted to Order of Business No. 8 - Motions and Resolutions.

MOTIONS AND RESOLUTIONS

    Earlier today, Rep. Rounds announced his intention to reconsider the vote by which
HB 1251 lost.

    Rep. Rounds moved that the House do now reconsider the vote by which HB 1251 lost, and be immediately reconsidered.

    The question being on Rep. Rounds' motion to reconsider the vote by which HB 1251 lost, and be immediately reconsidered.

    And the roll being called:

    Yeas 44, Nays 24, Excused 2, Absent 0

    Yeas:
Bartels; Barthel; Beal; Bordeaux; Chaffee; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Karr; Lake; Lesmeister; Livermont; Marty; McCleerey; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Pischke; Pourier; Qualm; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Weis; York


    Nays:
Anderson; Borglum; Brunner; Chase; Deutsch; Gross; Hammock; Johns; Johnson (David); Koth; Latterell; Mills; Milstead; Olson; Peterson (Sue); Post; Rasmussen; Reed; Reimer; Steele; Wiese; Willadsen; Zikmund; Haugaard

    Excused:
Frye-Mueller; Randolph

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1251 was up for reconsideration and final passage.


    The question being "Shall HB 1251 pass as amended?"

    And the roll being called:

    Yeas 49, Nays 18, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Lake; Lesmeister; Livermont; Marty; McCleerey; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Pischke; Pourier; Qualm; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Weis; York

    Nays:
Brunner; Deutsch; Gross; Hammock; Howard; Koth; Latterell; Mills; Milstead; Peterson (Sue); Post; Rasmussen; Reimer; Steele; Wiese; Willadsen; Zikmund; Haugaard

    Excused:
Frye-Mueller; Olson; Randolph

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

    There being no objection, the House proceeded to Order of Business No. 13 - Second Reading of House Bills and Joint Resolutions.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota regarding appointments to fill legislative vacancies.

    Was read the second time.

j1001bb

    Rep. Dennert moved that HJR 1001 be amended as follows:

    On page 1 of the House State Affairs Committee engrossed resolution, delete lines 12 to 14, inclusive, and insert:

"    § 10. The Governor shall make appointments to fill such vacancies as may occur in either house of the Legislature If a vacancy occurs in either house of the Legislature, the central committee of the party with which the vacating person was affiliated shall appoint another to fill the vacancy. If the person had no party affiliation, the vacancy shall be filled by the Governor. ".


    On page 2, delete lines 1 and 2.

    Which motion prevailed.

    The question being "Shall HJR 1001 pass as amended?"

    And the roll being called:

    Yeas 42, Nays 25, Excused 3, Absent 0

    Yeas:
Beal; Bordeaux; Brunner; Dennert; Deutsch; Duba; Goodwin; Gosch; Hammock; Healy; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Reimer; Ring; Saba; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; York; Haugaard

    Nays:
Anderson; Bartels; Barthel; Borglum; Chaffee; Chase; Cwach; Diedrich; Duvall; Finck; Glanzer; Greenfield (Lana); Gross; Hansen; Hunhoff; Johns; Lake; Milstead; Peterson (Kent); Rasmussen; Reed; Rounds; Schoenfish; Willadsen; Zikmund

    Excused:
Frye-Mueller; Olson; Randolph



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

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1212 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1256 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, between lines 12 and 13 of the printed bill, insert:

"    Section 4. That § 10-18A-5 be amended to read:

    10-18A-5. The amount of refund of real property taxes due or paid for a single-member household made pursuant to this chapter shall be according to the following schedule:

    The refund of real  
If household income is     property taxes due  
more than:   but less than   or paid shall be  
$ 0   $5,810 6,017   35%  
5,811 6,018   6,070 6,286   34%  
6,071 6,287   6,330 6,556   33%  
6,331 6,557   6,590 6,825   32%  
6,591 6,826   6,850 7,094   31%  
6,851 7,095   7,110 7,364   30%  
7,111 7,365   7,370 7,633   29%  
7,371 7,634   7,630 7,902   28%  
7,631 7,903   7,890 8,171   27%  
7,891 8,172   8,150 8,441   26%  
8,151 8,442   8,410 8,710   25%  
8,411 8,711   8,670 8,979   24%  
8,671 8,980   8,930 9,248   23%  
8,931 9,249   9,190 9,518   22%  
9,191 9,519   9,450 9,787   21%  
9,451 9,788   9,710 10,056   20%  
9,711 10,057   9,970 10,326   19%  
9,971 10,327   10,230 10,595   18%  
10,231 10,596   10,490 10,864   17%  
10,491 10,865   10,750 11,133   16%  
10,751 11,134   11,010 11,403   15%  
11,011 11,404   11,270 11,672   14%  
11,271 11,673   11,530 11,941   13%  
11,531 11,942   11,790 12,210   12%  
11,791 12,211   12,060 12,490   11%  
over 12,060 12,490     No refund  

    Section 5. That § 10-18A-6 be amended to read:

    10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member household made pursuant to this chapter shall be according to the following schedule:

    The refund of real  
If household income is     property taxes due  
more than:   but not more than   or paid shall be  
$ 0   $9,740 10,142   55%  
9,741 10,143   10,101 10518   53%  
10,102 10,519   10,462 10,894   51%  
10,463 10,895   10,823 11,270   49%  
10,824 11,271   11,184 11,645   47%  
11,185 11,646   11,545 12,021   45%  
11,546 12,022   11,906 12,397   43%  
11,907 12,398   12,267 12,773   41%  
12,268 12,774   12,628 13,149   39%  
12,629 13,150   12,989 13,525   37%  
12,990 13,526   13,350 13,901   35%  
13,351 13,902   13,711 14,277   33%  
13,712 14,278   14,072 14,653   31%  
14,073 14,654   14,433 15,028   29%  
14,434 15,029   14,794 15,404   27%  
14,795 15,405   15,155 15,780   25%  
15,156 15,781   15,516 16,156   23%  
15,517 16,157   15,877 16,532   21%  
15,878 16,533   16,240 16,910   19%  
over 16,240 16,910     No refund  

    Section 6. That § 10-45A-5 be amended to read:

    10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a household consisting solely of one person shall be determined as follows:

            (1)    If the claimant's income is five thousand eight hundred ten six thousand seventeen dollars or less, a sum of two hundred fifty-eight dollars;
            (2)    If the claimant's income is five thousand eight hundred ten six thousand eighteen dollars and not more than twelve thousand sixty twelve thousand four hundred ninety dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between twelve thousand sixty twelve thousand four hundred ninety dollars and the income of the claimant; and
            (3)    If the claimant's income is more than twelve thousand sixty twelve thousand four hundred ninety dollars, no refund.


    Section 7. That § 10-45A-6 be amended to read:

    10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a household consisting of more than one person shall be determined as follows:

            (1)    If household income is nine thousand seven hundred forty ten thousand one hundred forty-two dollars or less, the sum of five hundred eighty-one dollars;
            (2)    If household income is nine thousand seven hundred forty ten thousand one hundred forty-three dollars and not more than sixteen thousand two hundred forty sixteen thousand nine hundred ten dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between sixteen thousand two hundred forty sixteen thousand nine hundred ten dollars and total household income; and
            (3)    If household income is more than sixteen thousand two hundred forty sixteen thousand nine hundred ten dollars, no refund. ".

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    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Respectfully submitted,
Chris G. Karr, Co-Chair

    There being no objection, the House proceeded to Order of Business No. 13 - Second Reading of House Bills and Joint Resolutions.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1084: FOR AN ACT ENTITLED, An Act to provide for specific classification of affordable housing structures for purposes of taxation.

    Was read the second time.


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    Rep. Kent Peterson moved that HB 1084 be amended as follows:

    On page 1, line 9, of the House Commerce and Energy Committee engrossed bill, delete "fifteen" and insert "ten".

    Which motion prevailed.

    The question being "Shall HB 1084 pass as amended?"

    And the roll being called:

    Yeas 38, Nays 29, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall; Finck; Glanzer; Gosch; Healy; Hunhoff; Johns; Koth; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Otten (Herman); Perry; Peterson (Kent); Pourier; Qualm; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund

    Nays:
Brunner; Chaffee; Dennert; Deutsch; Goodwin; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Latterell; Livermont; Marty; Mills; Mulally; Peterson (Sue); Pischke; Post; Rasmussen; Rounds; St John; Steele; Weis; Wiese; Haugaard

    Excused:
Frye-Mueller; Olson; Randolph

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

    HB 1130: FOR AN ACT ENTITLED, An Act to revise provisions regarding certain
Class 2 misdemeanors.

    Was read the second time.

    The question being "Shall HB 1130 pass as amended?"

    And the roll being called:

    Yeas 37, Nays 31, Excused 2, Absent 0


    Yeas:
Beal; Brunner; Dennert; Diedrich; Finck; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reimer; St John; Steele; Weis; Wiese; Zikmund; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Deutsch; Duba; Duvall; Glanzer; Healy; Hunhoff; Johns; Lake; Lesmeister; McCleerey; Milstead; Mulally; Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York

    Excused:
Frye-Mueller; Randolph

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

    HB 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the treatment of alcohol and drug abuse.

    Was read the second time.

    The question being "Shall HB 1132 pass as amended?"

    And the roll being called:

    Yeas 43, Nays 24, Excused 3, Absent 0

    Yeas:
Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Diedrich; Duvall; Finck; Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Mills; Milstead; Miskimins; Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Rounds; St John; Steele; Weis; Wiese; York; Zikmund; Haugaard

    Nays:
Anderson; Bordeaux; Cwach; Deutsch; Duba; Goodwin; Hansen; Healy; Howard; Lake; Lesmeister; McCleerey; Mulally; Olson; Otten (Herman); Pourier; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen

    Excused:
Frye-Mueller; Marty; Randolph

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



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

    Was read the second time.

    The question being "Shall HB 1193 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

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

    Excused:
Frye-Mueller; Randolph

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

    HB 1195: FOR AN ACT ENTITLED, An Act to revise provisions regarding juvenile justice.

    Was read the second time.

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

    And the roll being called:

    Yeas 51, Nays 17, Excused 2, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Brunner; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reed; Reimer; Rounds; Schoenfish; St John; Steele; Weis; Wiese; York; Zikmund; Haugaard


    Nays:
Bordeaux; Borglum; Cwach; Hansen; Healy; Hunhoff; Johns; Johnson (David); McCleerey; Olson; Peterson (Kent); Pourier; Ring; Saba; Smith (Jamie); Sullivan; Willadsen

    Excused:
Frye-Mueller; Randolph

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

    Speaker Haugaard now presiding.

    HB 1177: FOR AN ACT ENTITLED, An Act to require the performance of a sonogram prior to an abortion.

    Was read the second time.

    The question being "Shall HB 1177 pass as amended?"

    And the roll being called:

    Yeas 59, Nays 9, Excused 2, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Bordeaux; Cwach; Duba; Healy; Lesmeister; McCleerey; Pourier; Smith (Jamie); Sullivan

    Excused:
Frye-Mueller; Randolph

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


    The question being on the title.

1177wtb

    Rep. Hansen moved that the title to HB 1177 be amended as follows:


    On page 1, line 1, of the House State Affairs Committee engrossed bill, delete "require" and insert "revise provisions regarding".

    Which motion prevailed and the title was so amended.

    HB 1246: FOR AN ACT ENTITLED, An Act to provide for increase in participation of entrepreneurship and state economic development initiatives by the nine federally recognized tribes in South Dakota.

    Was read the second time.

    Rep. Finck moved that HB 1246 be laid on the table.

    The question being on Rep. Finck's motion that HB 1246 be laid on the table.

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

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

    Nays:
Rasmussen

    Excused:
Frye-Mueller; Randolph

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1246 was tabled.


    HB 1265: FOR AN ACT ENTITLED, An Act to revise provisions regarding certain tax rates.

    Was read the second time.

    The question being "Shall HB 1265 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 33, Excused 2, Absent 0

    Yeas:
Beal; Brunner; Dennert; Deutsch; Finck; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Marty; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reimer; St John; Steele; Weis; Wiese; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Diedrich; Duba; Duvall; Glanzer; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Milstead; Olson; Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund

    Excused:
Frye-Mueller; Randolph

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

    Rep. Karr announced his intention to reconsider the vote by which HB 1265 lost.

    HJR 1006: A JOINT RESOLUTION, Proposing and submitting to voters an amendment to the Constitution of the State of South Dakota, revising legislative terms of office.

    Was read the second time.

j1006wb

    Rep. Karr moved that HJR 1006 be amended as follows:

    On page 2 of the House State Affairs Committee engrossed resolution, delete lines 4 to 7, inclusive, and insert:

"

    A person who has served one to three consecutive years immediately preceding a general election is eligible to serve three consecutive four-year terms following that general election.

A person who has served four to six consecutive years immediately preceding a general election is eligible to serve two consecutive four-year terms following that general election. A person who has served eight consecutive years immediately preceding a general election is eligible to serve one four-year term.

    Following a reapportionment, a member of the Legislature shall continue to represent the same numbered district as the member represented prior to the reapportionment, even if the member is no longer a resident of that district, until the next general election.".

    Which motion prevailed.

j1006wc

    Rep. Finck moved that HJR 1006 be amended as follows:

    On page 2, between lines 3 and 4 of the House State Affairs Committee engrossed resolution, insert:

"

    In the general election of 2022, even-numbered districts of each house of the Legislature shall be elected to a four-year term and odd-numbered districts shall be elected to a two-year term. Every district shall be elected to a four-year term for each general election following 2022.".

    Which motion lost.

    The question being "Shall HJR 1006 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 38, Excused 2, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Duvall; Finck; Goodwin; Gosch; Hammock; Hunhoff; Jensen (Kevin); Johnson (Chris); Karr; Koth; Lake; Milstead; Otten (Herman); Peterson (Sue); Post; Qualm; Reimer; Ring; St John; Steele; Wiese; Willadsen

    Nays:
Bordeaux; Cwach; Dennert; Deutsch; Diedrich; Duba; Glanzer; Greenfield (Lana); Gross; Hansen; Healy; Howard; Johns; Johnson (David); Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Miskimins; Mulally; Olson; Perry; Peterson (Kent); Pischke; Pourier; Rasmussen; Reed; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Weis; York; Zikmund; Haugaard

    Excused:
Frye-Mueller; Randolph



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

    HB 1225: FOR AN ACT ENTITLED, An Act to establish a determinant in identifying a student's sexual identity for the purpose of participation in high school athletics.

    Was read the second time.

    The question being "Shall HB 1225 pass?"

    And the roll being called:

    Yeas 34, Nays 34, Excused 2, Absent 0

    Yeas:
Beal; Brunner; Chaffee; Dennert; Deutsch; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Reimer; Steele; Weis; Wiese; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall; Finck; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Miskimins; Olson; Peterson (Kent); Pourier; Rasmussen; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Willadsen; York; Zikmund

    Excused:
Frye-Mueller; Randolph

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

    There being no objection, the House reverted to Order of Business No. 8 - Motions and Resolutions.

MOTIONS AND RESOLUTIONS

    Earlier today, Rep. Karr announced his intention to reconsider the vote by which HB 1265 lost.

    Rep. Karr moved that the House do now reconsider the vote by which HB 1265 lost, and it be immediately reconsidered.



    The question being on Rep. Karr's motion to reconsider the vote by which HB 1265 lost, and it be immediately reconsidered.

    And the roll being called:

    Yeas 38, Nays 30, Excused 2, Absent 0

    Yeas:
Beal; Brunner; Chaffee; Dennert; Finck; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; York; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Glanzer; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Olson; Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; Zikmund

    Excused:
Frye-Mueller; Randolph

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1265 was up for reconsideration and final passage.

    The question being "Shall HB 1265 pass as amended?"

    And the roll being called:

    Yeas 38, Nays 30, Excused 2, Absent 0

    Yeas:
Beal; Brunner; Chaffee; Dennert; Deutsch; Finck; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall; Glanzer; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Olson; Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund

    Excused:
Frye-Mueller; Randolph


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

    Rep. Qualm moved that the balance of the calendar including SB 78, 84, 40, 43, 63, 154, 72, 100, 73, 53, and 121 be deferred to Tuesday, February 26, 2019, the 30th legislative day.

    Which motion prevailed.

COMMEMORATIONS

    HC 1010 Introduced by: Representatives Glanzer, Chase, Greenfield (Lana), Johns, Johnson (Chris), Livermont, Milstead, Ring, Rounds, Steele, Wiese, and Willadsen and Senators White, Blare, Jensen (Phil), Kolbeck, Maher, Sutton, and Wiik

        A LEGISLATIVE COMMEMORATION, Honoring the James Valley Christian High School Boys Cross Country Team for its outstanding performance and victory in the 2018 State Class B Cross Country Championship.

    WHEREAS, the 2018 James Valley Christian High School Cross Country Team won the South Dakota B Boys Cross Country Championship by virtue of outstanding character, sportsmanship, and dedication to excellence both on and off the field; and

    WHEREAS, the James Valley Christian High School team fielded five athletes with one alternate and earned the combined winning score of forty-four points; and

    WHEREAS, the James Valley Christian High School Boys Cross Country Team received superior coaching and outstanding leadership from head coach Tom Brantner and assistant coach Andrea Olson; and

    WHEREAS, James Valley Christian High School has been the winner of the Class B Cross Country Championship three of the last four years; and

    WHEREAS, James Valley Christian High School team took the championship over seventeen other teams in the competition:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends the James Valley Christian High School Boys Cross Country Team and its coaches on a great season.


    HC 1011 Introduced by: Representatives Hunhoff, Bartels, Brunner, Chase, Cwach, Duba, Duvall, Finck, Gosch, Gross, Hammock, Hansen, Karr, Otten (Herman), Peterson (Kent), Post, Qualm, Ring, Saba, and Zikmund and Senators Kennedy, DiSanto, Monroe, Partridge, Soholt, Steinhauer, and Wiik

        A LEGISLATIVE COMMEMORATION, Honoring and commending the city of Yankton on the 150th anniversary of its incorporation.

    WHEREAS, the City of Yankton was incorporated on January 8, 1869, and is now 150 years old; and

    WHEREAS, the City of Yankton was designated as the Dakota Territorial capital in 1861 and was the center of political and economic life in the territory by 1869; and

    WHEREAS, the City of Yankton has undergone many changes and has experienced growth and prosperity spanning those 150 years; and

    WHEREAS, the City of Yankton is now a great small city that has shown resilience in the face of the challenges posed by life on the Great Plains, enjoys a great business community, and benefits from thriving cultural opportunities; and

    WHEREAS, the City of Yankton celebrates its long and colorful history and looks forward to the next 150 years; and

    WHEREAS, the City of Yankton is to be commended for the outstanding accomplishments of its many citizens during the last 150 years who have made the community a great place to live, play, and work:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and honors the City of Yankton and its citizens in recognition of the accomplishments they have achieved by working together during the last 150 years.

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding bid bonds for public improvement contracts.

    HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding adult adoption.

    HB 1159: FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting mourning doves on public roads and highways.


    And signed the same in the presence of the House.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at
9:25 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk