The prayer was offered by the Chaplain, Rev. Valerie Hummel LaBounty, followed by the
Pledge of Allegiance led by House page Isabelle Thorson.
Roll Call: All members present except Reps. Chase, Livermont, Kent Peterson, Saba, and
Steele who were excused.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirty-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 5, 2019, I approved House Bills 1054, 1056,
1067, 1076, 1082, 1124, 1157, 1198, 1200, 1255, 1258, and 1262, and the same have been
deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that HB 1080, 1081, 1122,
1176, 1215, and 1242 were delivered to her Excellency, the Governor, for her approval at
11:45 a.m., March 6, 2019.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1046, 1093, 1111, 1180, 1201, 1204, and 1216 and
finds the same correctly enrolled.
The House Committee on Appropriations respectfully reports that it has had under
consideration SB 179 and 182 and returns the same with the recommendation that said bills do
pass.
The House Committee on Appropriations respectfully reports that it has had under
consideration SB 181 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 164 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 86 and returns the same with the recommendation that said bill which was previously
amended by the Committee on Taxation be further amended as follows:
"
Section 1. That § 10-64-9 be amended to read:
10-64-9. If the state is able to enforce the obligation to collect and remit sales tax on remote
sellers who deliver tangible personal property, products transferred electronically, or services
directly to the citizens of South Dakota, the additional net revenue from such obligation shall
be used to reduce the rate of certain taxes. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 shall be reduced by one-tenth percent on
July first following the calendar year for which each additional twenty million dollar increment
of net revenue is collected and remitted by such remote sellers. However, the rate of tax
imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71,
10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 may
not be reduced below four percent pursuant to the provisions of this section. The Department
of Revenue shall prepare and submit to the Joint Committee on Appropriations, no later than
the twenty-first legislative day, calculations of actual revenue reported during the immediately
preceding calendar year under §§ 10-64-2 and 10-65-5. The calculation of revenue reported
under §§ 10-64-2 may not include any revenue reported prior to November 1, 2018. If the
revenue reported in a calendar year exceeds the revenue reported in the immediately preceding
calendar year by at least twenty million dollars, the committee shall introduce legislation to
reduce the rate of tax under §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1. 10-45-6.2,
10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46.69.2,
10-46E-1, and 10-58-1 by one-tenth percent for each increment of twenty million dollars. The
rate of tax reduced under this section may not be less than four percent. "
" Section 1. That the code be amended by adding a NEW SECTION to read:
Section 2. That § 10-45-2 be amended to read:
10-45-2. There is hereby imposed a tax upon the privilege of engaging in business as a
retailer, a tax of four and one-half percent upon the gross receipts of all sales of tangible
personal property consisting of goods, wares, or merchandise, except as otherwise provided in
this chapter, sold at retail in the State of South Dakota this state to consumers or users. The rate
of tax under this section is the same as provided under section 1 of this Act.
Section 3. That § 10-45-5 be amended to read:
10-45-5. There is imposed a tax at the rate of four and one-half percent upon the gross
receipts of any person from engaging or continuing in any of the following businesses or
services in this state: abstracters; accountants; ancillary services; architects; barbers; beauty
shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing;
exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial
services and supplies; specialty cleaners; laundry; linen and towel supply; membership or
entrance fees for the use of a facility or for the right to purchase tangible personal property, any
product transferred electronically, or services; photography; photo developing and enlarging;
tire recapping; welding and all repair services, except repair services for farm machinery,
attachment units, and irrigation equipment used exclusively for agricultural purposes; cable
television; and rentals of tangible personal property except leases of tangible personal property
between one telephone company and another telephone company, motor vehicles as defined
pursuant to § 32-5-1 leased under a single contract for more than twenty-eight days and mobile
homes. However, the specific Specific enumeration of businesses and professions made in any
business or profession under this section does not, in any way, limit the scope and effect of the
provisions of § 10-45-4. The rate of tax under this section is the same as provided under section
1 of this Act.
Section 4. That § 10-45-5.3 be amended to read:
10-45-5.3. There is imposed, at the rate of four and one-half percent, an excise tax on the
gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated
in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy
Division of the Office of Management and Budget, Office of the President. The rate of tax under
this section is the same as provided under section 1 of this Act.
Section 5. That § 10-45-6 be amended to read:
10-45-6. There is hereby imposed a tax of four and one-half percent upon the gross receipts
from sales, furnishing, or service of gas, electricity, and water, including the gross receipts from
such sales by any municipal corporation furnishing gas, and electricity, to the public in its
proprietary capacity, except as otherwise provided in this chapter, when sold at retail in the State
of South Dakota this state to consumers or users. The rate of tax under this section is the same
as provided under section 1 of this Act.
Section 6. That § 10-45-6.1 be amended to read:
10-45-6.1. Except as provided in § 10-45-6.2, there is hereby imposed a tax of four and one-half percent upon the gross receipts from providing any intrastate, interstate, or international
telecommunications service that originates or terminates in this state and that is billed or
charged to a service address in this state, or that both originates and terminates in this state.
However, the The tax imposed by this section does not apply to:
6.3 and the call center has provided to the telecommunications service provider an
exemption certificate issued by the secretary indicating that it meets the criterion.
Section 7. That § 10-45-6.2 be amended to read:
10-45-6.2. There is hereby imposed a tax of four and one-half percent upon the gross
receipts of mobile telecommunications services, as defined in 4 U.S.C. § 124(7) as of January
1, 2002, that originate and terminate in the same state and are billed to a customer with a place
of primary use in this state or are deemed to have originated or been received in this state and
to be billed or charged to a service address in this state if the customer's place of primary use
is located in this state regardless of where the service actually originates or terminates.
Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this
section, the tax imposed upon mobile telecommunication services shall be administered in
accordance with 4 U.S.C. §§ 116-126 as in effect on July 28, 2000. The rate of tax under this
section is the same as provided under section 1 of this Act.
Section 8. That § 10-45-8 be amended to read:
10-45-8. There is imposed a tax of four and one-half percent upon the gross receipts from
all sales of tickets or admissions to places of amusement and athletic contests or events, except
as otherwise provided in this chapter. The rate of tax under this section is the same as provided
under section 1 of this Act.
Section 9. That § 10-45-71 be amended to read:
10-45-71. There is imposed a tax of four and one-half percent on upon the gross receipts
from the transportation of passengers. The tax imposed by this section shall apply to any
transportation of passengers if the passenger boards and exits the mode of transportation within
this state. The rate of tax under this section is the same as provided under section 1 of this Act.
Section 10. That § 10-46-2.1 be amended to read:
10-46-2.1. For the privilege of using services in South Dakota this state, except those types
of any services exempted by § 10-46-17.3, there is imposed on the person using the service an
excise tax equal to four and one-half percent of on the value of the services at the time they are
rendered. However, this The tax under this section may not be imposed on any service rendered
by a related corporation as defined in subdivision 10-43-1(11) for use by a financial institution
as defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as
defined in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term related corporation includes a corporation
which together with the financial institution is part of a controlled group of corporations as
defined in 26 U.S.C. § 1563 as in effect on January 1, 1989, except that the eighty percent
ownership requirements set forth in 26 U.S.C. § 563(a)(2)(A) for a brother-sister controlled
group are reduced to fifty-one percent. For the purpose of this chapter, services rendered by an
employee for the use of his employer are not taxable. The rate of tax under this section is the
same as provided under section 1 of this Act.
Section 11. That § 10-46-2.2 be amended to read:
10-46-2.2. An excise tax is imposed upon the privilege of the use of rented tangible personal
property and any product transferred electronically in this state at the rate of four and one-half
percent of. The rate of tax under this section is the same as provided under section 1 of this Act
as applied to the rental payments upon the property.
Section 12. That § 10-46-58 be amended to read:
10-46-58. There is imposed a tax of four and one-half percent on the privilege of the use of
any transportation of passengers. The tax imposed by this section shall apply to any
transportation of passengers if the passenger boards and exits the mode of transportation within
this state. The rate of tax under this section is the same as provided under section 1 of this Act.
Section 13. That § 10-46-69 be amended to read:
10-46-69. There is hereby imposed a tax of four and one-half percent upon the privilege of
the use of mobile telecommunications services, as defined in 4 U.S.C. § 124(7) as of January
1, 2002, that originate and terminate in the same state and are billed to a customer with a place
of primary use in this state. Notwithstanding any other provision of this chapter and for purposes
of the tax imposed by this section, the tax imposed upon mobile telecommunication services
shall be administered in accordance with 4 U.S.C. §§ 116-126 as in effect on July 28, 2000. The
rate of tax under this section is the same as provided under section 1 of this Act.
Section 14. That § 10-46-69.1 be amended to read:
10-46-69.1. Except as provided in § 10-46-69, there is hereby imposed a tax of four and one-half percent upon the privilege of the use of any intrastate, interstate, or international
telecommunications service that originates or terminates in this state and that is billed or
charged to a service address in this state, or that both originates and terminates in this state.
However, the tax imposed by this section does not apply to:
Section 15. That § 10-46-69.2 be amended to read:
10-46-69.2. There is hereby imposed a tax of four and one-half percent upon the privilege
of the use of any ancillary services. The rate of tax under this section is the same as provided
under section 1 of this Act.
Section 16. That § 10-46E-1 be amended to read:
10-46E-1. There is hereby imposed an excise tax of four and one-half percent on the gross
receipts from the sale, resale, or lease of farm machinery, attachment units, and irrigation
equipment used exclusively for agricultural purposes. However, if If any trade-in or exchange
of used farm machinery, attachment units, and irrigation equipment is involved in the
transaction, the excise tax is only due and may only be collected on the cash difference. The rate
of tax under this section is the same as provided under section 1 of this Act.
Section 17. That § 10-58-1 be amended to read:
10-58-1. There is imposed upon owners and operators a special amusement excise tax of
four and one-half percent of on the gross receipts from the operation of any mechanical or
electronic amusement device. The rate of tax under this section is the same as provided under
section 1 of this Act.
Section 18. That § 10-64-9 be repealed.
10-64-9. If the state is able to enforce the obligation to collect and remit sales tax on remote
sellers who deliver tangible personal property, products transferred electronically, or services
directly to the citizens of South Dakota, the additional net revenue from such obligation shall
be used to reduce the rate of certain taxes. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 shall be reduced by one-tenth percent on
July first following the calendar year for which each additional twenty million dollar increment
of net revenue is collected and remitted by such remote sellers. However, the rate of tax
imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71,
10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 may
not be reduced below four percent pursuant to the provisions of this section. "
The Committee on State Affairs respectfully reports that it has had under consideration
HR 1005 which was tabled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 15 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Education respectfully reports that it has had under consideration
SB 52 and 188 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
SB 146 and returns the same with the recommendation that said bill be amended as follows:
"practice as a speech-language pathology assistant. This exception expires July 1, 2020,
at which time all speech-language pathology assistants shall meet the requirements of this
chapter as long as:
"practice as a speech-language pathology assistant. This exception expires July 1, 2020, at
which time all speech-language pathology assistants shall meet the requirements of this chapter
as long as:
The Committee on Judiciary respectfully reports that it has had under consideration SB 118
and returns the same with the recommendation that said bill be amended as follows:
Speaker appointed on a temporary basis Rep. Jamie Smith to replace Rep. Saba on the
House Committee on Appropriations and the Joint Committee on Appropriations.
I have the honor to return herewith HB 1110 and 1171 which have been amended by the
Senate and your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SCR 13 which has been adopted by the Senate and
your concurrence is respectfully requested.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 61.
I have the honor to return herewith HB 1046, 1093, 1111, 1180, 1201, 1204, and 1216
which have passed the Senate without change.
Also MR. SPEAKER:
I have the honor to inform your honorable body that HB 1130 and 1132 were lost for
failure to be placed on the Senate calendar.
I have the honor to inform your honorable body that HB 1181 was lost on second reading
and final passage.
Rep. Frye-Mueller moved that HR 1004 be deferred to Thursday, March 7, 2019, the
36th legislative day.
Which motion prevailed.
HR 1006: A RESOLUTION, Recognizing the deleterious effects of gambling and video
lottery.
Was read the second time.
Rep. Mills moved that HR 1006 as found on page 631 of the House Journal be adopted.
Rep. Qualm rose to a point of order that Rep. Haugaard's comments are not related to the
discussion of the resolution. Speaker Pro tempore asked Rep. Haugaard to keep his comments
germane to the resolution.
And the roll being called:
Yeas 38, Nays 27, Excused 5, Absent 0
Yeas:
Brunner; Cwach; Dennert; Deutsch; Finck; Glanzer; Goodwin; Gosch; Gross; Hammock;
Hansen; Healy; Howard; Jensen (Kevin); Koth; Latterell; Lesmeister; Marty; McCleerey; Mills;
Milstead; Miskimins; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph;
Rasmussen; Ring; Smith (Jamie); Sullivan; Weis; Wiese; York; Zikmund; Haugaard
Nays:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Diedrich; Duba; Duvall; Frye-Mueller; Greenfield (Lana); Hunhoff; Johns; Johnson (Chris); Johnson (David); Karr; Lake;
Olson; Otten (Herman); Pourier; Reed; Reimer; Rounds; Schoenfish; St John; Willadsen
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HR 1006 was adopted.
Rep. Rounds moved that the House do concur in Senate amendments to HB 1022.
The question being on Rep. Rounds' motion that the House do concur in Senate
amendments to HB 1022.
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; 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; McCleerey; Mills;
Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post;
Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith
(Jamie); St John; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
The question being on Rep. Deutsch's motion that the House do concur in Senate
amendments to HB 1055.
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; 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; McCleerey; Mills;
Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post;
Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith
(Jamie); St John; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Hansen moved that the House do concur in Senate amendments to HB 1094.
The question being on Rep. Hansen's motion that the House do concur in Senate
amendments to HB 1094.
And the roll being called:
Yeas 51, Nays 14, Excused 5, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Dennert; Deutsch; Diedrich;
Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen;
Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake;
Latterell; Marty; Mills; Milstead; Miskimins; Olson; Perry; Peterson (Sue); Pischke; Post;
Qualm; Randolph; Rasmussen; Reed; Reimer; Rounds; St John; Weis; Wiese; Willadsen; York;
Zikmund; Haugaard
Nays:
Bordeaux; Cwach; Duba; Duvall; Healy; Lesmeister; McCleerey; Mulally; Otten (Herman);
Pourier; Ring; Schoenfish; Smith (Jamie); Sullivan
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
Speaker Haugaard now presiding.
SCR 13: A CONCURRENT RESOLUTION, Recognizing the "Know Before You Fly"
campaign as an official source of safety education for operators of unmanned aircraft systems
and instructing the Department of Public Safety to educate the public about the campaign.
Was read the first time and the Speaker waived the committee referral.
Rep. Qualm moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on
Thursday, March 7, 2019, the 36th legislative day.
Which motion prevailed.
Rep. Qualm moved that the reports of the Standing Committee on
Health and Human Services on SB 136 as found on page 626 and SB 137 as found on page
627 of the House Journal be adopted.
Which motion prevailed.
Rep. Johns moved that SJR 2 be placed on today's calendar.
The question being on Rep. Johns' motion that SJR 2 be placed on today's calendar.
And the roll being called:
Yeas 33, Nays 32, Excused 5, Absent 0
Yeas:
Barthel; Bordeaux; Borglum; Chaffee; Diedrich; Duba; Finck; Frye-Mueller; Gosch; Greenfield
(Lana); Hammock; Healy; Howard; Johns; Johnson (Chris); Johnson (David); Karr; Lesmeister;
Marty; McCleerey; Olson; Otten (Herman); Perry; Pischke; Pourier; Reed; Rounds; Schoenfish;
Smith (Jamie); St John; Sullivan; Willadsen; York
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
Rep. Qualm moved that SB 176 and 116 be deferred to Thursday, March 7, 2019, the
36th legislative day.
Which motion prevailed.
SB 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
common language of the state and to recognize the official indigenous language of the state.
Was read the second time.
The question being "Shall SB 126 pass as amended?"
And the roll being called:
Yeas 59, Nays 6, Excused 5, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; 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; Lesmeister; Marty; McCleerey; Mills; Milstead; Miskimins; Olson;
Otten (Herman); Perry; Peterson (Sue); Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring;
Rounds; Schoenfish; Smith (Jamie); St John; Sullivan; Wiese; Willadsen; York; Zikmund;
Haugaard
Nays:
Frye-Mueller; Latterell; Mulally; Pischke; Randolph; Weis
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
Rep. Qualm moved that SB 167 be deferred to Thursday, March 7, 2019, the
36th legislative day.
SB 187: FOR AN ACT ENTITLED, An Act to define electric bicycles and to provide for
the regulation of electric bicycles.
Was read the second time.
Speaker was in doubt of the outcome of the voice vote and declared a roll call vote.
The question being on Rep. Mulally's motion that SB 187 be amended.
And the roll being called:
Yeas 28, Nays 37, Excused 5, Absent 0
Yeas:
Brunner; Dennert; Deutsch; Frye-Mueller; Goodwin; Gosch; Gross; Hammock; Hansen;
Howard; Johnson (Chris); Karr; Latterell; Marty; Mills; Milstead; Mulally; Perry; Peterson
(Sue); Pischke; Post; Randolph; Rasmussen; St John; Weis; Wiese; York; Haugaard
Nays:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Cwach; Diedrich; Duba;
Duvall; Finck; Glanzer; Greenfield (Lana); Healy; Hunhoff; Jensen (Kevin); Johns; Johnson
(David); Koth; Lake; Lesmeister; McCleerey; Miskimins; Olson; Otten (Herman); Pourier;
Qualm; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Sullivan; Willadsen; Zikmund
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
And the roll being called:
Yeas 57, Nays 8, Excused 5, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Dennert;
Diedrich; Duba; Duvall; Finck; Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Healy;
Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake;
Lesmeister; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman);
Perry; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish;
Smith (Jamie); St John; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Nays:
Deutsch; Frye-Mueller; Goodwin; Hansen; Howard; Latterell; Peterson (Sue); Pischke
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
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 91: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding open
meeting requirements.
Was read the second time.
The question being "Shall SB 91 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; 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; McCleerey; Mills;
Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post;
Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith
(Jamie); St John; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
SB 140: FOR AN ACT ENTITLED, An Act to provide for the increase of higher education
enrolled members of the nine federally recognized tribes in South Dakota at regental
institutions.
Was read the second time.
The question being "Shall SB 140 pass?"
And the roll being called:
Yeas 30, Nays 35, Excused 5, Absent 0
Yeas:
Bordeaux; Cwach; Diedrich; Duba; Finck; Goodwin; Greenfield (Lana); Hammock; Hansen;
Healy; Jensen (Kevin); Johns; Johnson (David); Lesmeister; McCleerey; Milstead; Miskimins;
Otten (Herman); Perry; Pourier; Qualm; Reimer; Ring; Schoenfish; Smith (Jamie); St John;
Sullivan; York; Zikmund; Haugaard
Nays:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Dennert; Deutsch; Duvall; Frye-Mueller; Glanzer; Gosch; Gross; Howard; Hunhoff; Johnson (Chris); Karr; Koth; Lake;
Latterell; Marty; Mills; Mulally; Olson; Peterson (Sue); Pischke; Post; Randolph; Rasmussen;
Reed; Rounds; Weis; Wiese; Willadsen
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Bordeaux announced his intention to reconsider the vote by which SB 140 lost.
SB 66: FOR AN ACT ENTITLED, An Act to establish an interim legislative committee
to study issues related to electric services in an annexed area.
Was read the second time.
The question being "Shall SB 66 pass as amended?"
And the roll being called:
Yeas 47, Nays 18, Excused 5, Absent 0
Nays:
Bartels; Beal; Diedrich; Finck; Glanzer; Greenfield (Lana); Gross; Karr; Latterell; Miskimins;
Mulally; Olson; Otten (Herman); Peterson (Sue); Post; Rounds; York; Haugaard
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
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 4: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
classification of agricultural land for property tax purposes.
Was read the second time.
The question being "Shall SB 4 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; 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; McCleerey; Mills;
Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post;
Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith
(Jamie); St John; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
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.
The question being on Rep. Bordeaux's motion to reconsider the vote by which SB 140
lost, and be immediately reconsidered.
And the roll being called:
Yeas 40, Nays 25, Excused 5, Absent 0
Yeas:
Bartels; Barthel; Bordeaux; Borglum; Brunner; Cwach; Diedrich; Duba; Duvall; Finck;
Goodwin; Hansen; Healy; Jensen (Kevin); Johns; Johnson (David); Koth; Lake; Lesmeister;
McCleerey; Milstead; Miskimins; Otten (Herman); Perry; Pischke; Pourier; Qualm; Rasmussen;
Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Sullivan; Willadsen; York;
Zikmund; Haugaard
Nays:
Anderson; Beal; Chaffee; Dennert; Deutsch; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana);
Gross; Hammock; Howard; Hunhoff; Johnson (Chris); Karr; Latterell; Marty; Mills; Mulally;
Olson; Peterson (Sue); Post; Randolph; Weis; Wiese
Excused:
Chase; Livermont; Peterson (Kent); Saba; Steele
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SB 140 was up for reconsideration and final passage.
"
Which motion prevailed.
The question being "Shall SB 140 pass as amended?"
And the roll being called:
Yeas 52, Nays 12, Excused 6, Absent 0
Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Deutsch; Diedrich;
Duba; Duvall; Finck; Glanzer; Goodwin; Gross; Healy; Hunhoff; Jensen (Kevin); Johns;
Johnson (Chris); Johnson (David); Koth; Lake; Latterell; Lesmeister; Marty; McCleerey; Mills;
Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Pourier; Qualm; Randolph;
Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Sullivan; Wiese;
Willadsen; York; Zikmund; Haugaard
Nays:
Beal; Dennert; Frye-Mueller; Gosch; Greenfield (Lana); Hammock; Howard; Karr; Mulally;
Pischke; Post; Weis
Excused:
Chase; Hansen; Livermont; Peterson (Kent); Saba; Steele
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.
The Speaker publicly read the title to
HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
attorney recruitment assistance program.
HB 1093: FOR AN ACT ENTITLED, An Act to establish legal standards applicable to
petition challenges.
HB 1111: FOR AN ACT ENTITLED, An Act to provide for professional or occupational
licensure for certain active duty military personnel and spouses.
HB 1180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
collection and storage of sexual assault kit evidence.
HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain sales of goods and
services by minors from the sales tax.
HB 1216: FOR AN ACT ENTITLED, An Act to increase certain civil penalties for fleeing
from police.
SB 1: FOR AN ACT ENTITLED, An Act to add a legislator to the membership of the
Extraordinary Cost Oversight Board, to establish the board in statute, and to repeal the
administrative rules creating the board.
SB 55: FOR AN ACT ENTITLED, An Act to require the national motto of the United
States to be displayed in public schools.
SB 64: FOR AN ACT ENTITLED, An Act to require certain wind energy facilities to
include aircraft detection lighting systems.
SB 68: FOR AN ACT ENTITLED, An Act to define certain acts as misbranding of food
products.
SB 70: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding hospital
liens.
SB 72: FOR AN ACT ENTITLED, An Act to provide for a form a physician must use to
obtain consent to an abortion.
SB 73: FOR AN ACT ENTITLED, An Act to revise qualifications for sanitary district
trustees.
SB 96: FOR AN ACT ENTITLED, An Act to expand application of the tax credit for
contributions to a scholarship granting organization.
SB 99: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding
commercial security deposits.
SB 115: FOR AN ACT ENTITLED, An Act to authorize the conditional carrying of a
concealed pistol in the state capitol by certain persons.
SB 124: FOR AN ACT ENTITLED, An Act to provide for the transportation of alcoholic
beverages by retail licensees.
SB 155: FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds
for the Michael J. Fitzmaurice Veterans Home.
And signed the same in the presence of the House.