JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




THIRTY-FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 6, 2019

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

    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.

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-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.

Respectfully submitted,
Steven G. Haugaard, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 5, 2019

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.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    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.

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 1046, 1093, 1111, 1180, 1201, 1204, and 1216 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

    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.


Also MR. SPEAKER:

    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:

181ta

    On page 1, line 4, of the Senate Appropriations Committee engrossed bill, delete "six million" and insert "five million".

    On page 1, line 5, delete "($6,603,463)" and insert "($5,603,463)" .

    And that as so amended said bill do pass.

Respectfully submitted,
Chris G. Karr, Chair

Also MR. SPEAKER:

    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:

86wg

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

"
    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. "


86jb

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

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

    The rate of tax imposed 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 is four and one-half percent. For each calendar year in which growth in gross sales tax revenue in the state general fund as compared with its immediately preceding calendar year, exceeds the adjusted cost of living plus twenty million dollars, the rate of tax imposed by this section is reduced by one-tenth percent, effective on the first day of July of the immediately following fiscal year. The rate of tax under this section is not reduced below four percent.

    For purposes of this section, adjusted cost of living, means a calendar year's annual average consumer price index consisting of all items in the United States city average of all urban consumers which is seasonally adjusted as compiled by the bureau of labor statistics, United States Department of Labor for the state of South Dakota.

    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:

            (1)    Any eight hundred or eight hundred type service unless the service both originates and terminates in this state;

            (2)    Any sale of a telecommunication service to a provider of telecommunication services, including access service, for use in providing any telecommunication service; or

            (3)    Any sale of interstate telecommunication service provided to a call center that has been certified by the secretary of revenue to meet the criterion established in § 10-45-

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.

    If a call center uses an exemption certificate to purchase services not meeting the criterion established in § 10-45-6.3, the call center is liable for the applicable tax, penalty, and interest. The rate of tax under this section is the same as provided under section 1 of this Act.

    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:

            (1)    Any eight hundred or eight hundred type service unless the service both originates and terminates in this state;

            (2)    Any sale of a telecommunication service to a provider of telecommunication services, including access service, for use in providing any telecommunication service; or

            (3)    Any sale of interstate telecommunication service provided to a call center that has been certified by the secretary of revenue to meet the criterion established in § 10-45-6.3 and the call center has provided to the telecommunications service provider an exemption certificate issued by the secretary indicating that it meets the criterion.

    If a call center uses an exemption certificate to purchase services not meeting the criterion established in § 10-45-6.3, the call center is liable for the applicable tax, penalty, and interest. The rate of tax under this section is the same as provided under section 1 of this Act.

    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. "


86jta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise provisions regarding certain tax rates.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HR 1005 which was tabled.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

    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:

15cc

    On page 5, line 22, of the Senate engrossed bill, after "." insert "Each notification required in this section shall state the date, time, and place of the public input meeting. The first notice shall be published no later than thirty days prior to the date of the public input meeting. The second notice shall be published no later than twenty days prior to the date of the public input meeting. The third notice shall be published no later than two days prior to the date of the public input meeting.".

    And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    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:

146kb

    On page 1 of the printed bill, delete lines 10 to 15, inclusive, and insert:

    "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:



            (1)    The application was made no later than July 1, 2014;

            (2)    The applicant continued to render speech-language pathology services in the public school or school district where the applicant was employed at the time of application; and

            (3)    The renewal fee is paid.

    
    On page 2, delete lines 1 to 3, inclusive.

146bb

On page 1 of the printed bill, delete lines 10 to 15, inclusive, and insert:

"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:

            (1)    The application was made no later than July 1, 2014;

            (2)    The applicant continued to render speech-language pathology services in the public school or school district where the applicant was employed at the time of application; and

            (3)    The renewal fee is paid.

    This exception expires on July 1, 2024.

    On page 2, delete lines 1 to 3, inclusive.

    And that as so amended said bill do pass.

Respectfully submitted,
Lana Greenfield, Chair

Also MR. SPEAKER:

    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:

118jb

    On page 4, between lines 11 and 12 of the Senate engrossed bill, insert:

            (8)    A statement advising the patient that if there is a conflict between the MOST and the patient's written directives in any previously executed and unrevoked durable power of attorney or living will, the health care provider will treat the patient in accordance with the instructions in the MOST;".

    On page 4, line 12, delete "(8)" and insert "(9)".

    On page 4, line 14, delete "(9)" and insert "(10)".

    On page 4, line 15, delete "(10)" and insert "(11)".

118wa

    On page 2, line 14, of the Senate engrossed bill, after "patient" insert "who has been diagnosed with a terminal condition".

    On page 2, line 14, before "patient's" delete "a" and insert "the".

    And that as so amended said bill do pass.

Respectfully submitted,
Jon Hansen, Chair

    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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    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.

Also MR. SPEAKER:

    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.



Also MR. SPEAKER:

    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.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1181 was lost on second reading and final passage.

Respectfully,
Kay Johnson, Secretary

    Speaker Pro tempore Gosch now presiding.

MOTIONS AND RESOLUTIONS

    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.


    The question being on Rep. Mills' motion that HR 1006 be adopted.

    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.



    Rep. Deutsch moved that the House do concur in Senate amendments to HB 1055.

    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



    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.

    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.

CONSIDERATION OF REPORTS OF COMMITTEES

    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


    Nays:
Anderson; Bartels; Beal; Brunner; Cwach; Dennert; Deutsch; Duvall; Glanzer; Goodwin; Gross; Hansen; Hunhoff; Jensen (Kevin); Koth; Lake; Latterell; Mills; Milstead; Miskimins; Mulally; Peterson (Sue); Post; Qualm; Randolph; Rasmussen; Reimer; Ring; Weis; Wiese; Zikmund; Haugaard

    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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    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


    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 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.

187ka

    Rep. Mulally moved that SB 187 be amended as follows:

    On page 2 of the House Transportation Committee engrossed bill, delete line 13, and insert "A violation of this section is a petty offense.".

    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.


    The question being "Shall SB 187 pass as amended?"

    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


    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 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



    Yeas:
Anderson; Barthel; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Dennert; Deutsch; Duba; Duvall; Frye-Mueller; Goodwin; Gosch; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Koth; Lake; Lesmeister; Marty; McCleerey; Mills; Milstead; Perry; Pischke; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Schoenfish; Smith (Jamie); St John; Sullivan; Weis; Wiese; Willadsen; Zikmund

    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.


    Rep. Bordeaux moved that the House do now reconsider the vote by which SB 140 lost, and be immediately reconsidered.

    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.


140kb

    Rep. Bordeaux moved that SB 140 be amended as follows:

    On page 1, after line 8 of the printed bill, insert:

"

    The Board of Regents shall report to the Legislature by July first of each year on the activities and progress made in regard to this Act, beginning July 1, 2020.".

    Which motion prevailed.

140xa

    Rep. Deutsch moved that SB 140 be amended as follows:

    On page 1, line 5, of the printed bill, delete "and encouraged".

    On page 1, line 8, delete "and development".

    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.

SIGNING OF BILLS

    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 1201: FOR AN ACT ENTITLED, An Act to revise provisions regarding group pheasant hunts for disabled veterans.

    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.


    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 4:50 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk