The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of
Allegiance led by House pages Miriam Knoble and Jaden Petersen.
Roll Call: All members present except Rep. Johns who was excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-second day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Legislative Procedure respectfully reports that HB 1024, 1043, 1044,
and 1075 were delivered to her Excellency, the Governor, for her approval at 10:10 a.m.,
February 13, 2019.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1039, 1054, and 1057 and finds the same correctly
enrolled.
The Committee on Education respectfully reports that it has had under consideration
HB 1139 and returns the same with the recommendation that said bill be amended as follows:
"
Section 2, That § 13-16-7 be amended to read:
13-16-7. The school board of any school district of this state may at the board's discretion authorize an annual levy of a tax not to exceed three dollars per thousand dollars of taxable valuation on the taxable valuation of the district for the capital outlay fund for assets as defined by § 13-16-6 or for the district's obligations under a resolution, lease-purchase agreement, capital outlay certificate, or other arrangement with the Health and Educational Facilities Authority. Taxes collected pursuant to the levy may be irrevocably pledged by the school board to the payment of principal of and interest on installment purchase contracts or capital outlay certificates entered into or issued pursuant to § 13-16-6 or 13-16-6.2 or lease-purchase agreements or other arrangement with the Health and Educational Facilities Authority and, so long as any capital outlay certificates are outstanding, installment agreement payments, lease-purchase agreements, or other arrangements are unpaid, the school board of any district may be compelled by mandamus or other appropriate remedy to levy an annual tax sufficient to pay
principal and interest thereon, but not to exceed the three dollars per thousand dollars of taxable
valuation in any year authorized to be levied hereby.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1202 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 Judiciary respectfully reports that it has had under consideration
HB 1180 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1194 which was tabled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1086, 1192, and 1248 which were tabled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1226 and 1241 which were deferred to the 41st Legislative Day.
I have the honor to transmit herewith SB 70, 93, 114, 126, and 163 which have passed the
Senate and your favorable consideration is respectfully requested.
I have the honor to return herewith HB 1039, 1054, and 1057 which have passed the Senate
without change.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 44.
Rep. Qualm moved that HB 1066 be deferred to Thursday, February 14, 2019, the
24th legislative day.
Which motion prevailed.
HCR 1006: A CONCURRENT RESOLUTION, Instructing South Dakota's congressional
representatives to support an effort in Congress to terminate the U.S. Department of Education.
Was read the second time.
The question being on Rep. Howard's motion that HCR 1006 be adopted.
And the roll being called:
Yeas 48, Nays 21, Excused 1, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Brunner; Chaffee; Dennert; Finck; Frye-Mueller; Glanzer;
Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin);
Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead;
Miskimins; Mulally; Otten (Herman); Peterson (Sue); Pischke; Post; Qualm; Randolph;
Rasmussen; Reed; Reimer; Rounds; Schoenfish; St John; Steele; Weis; Wiese; Willadsen;
York; Zikmund; Haugaard
Nays:
Bordeaux; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Healy; Hunhoff; Lake;
Lesmeister; McCleerey; Olson; Perry; Peterson (Kent); Pourier; Ring; Saba; Smith (Jamie);
Sullivan
Excused:
Johns
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1006 was adopted.
SCR 6: A CONCURRENT RESOLUTION, Urging the President of the United States to
make agricultural exports a priority and protect agricultural products from all current and future
tariffs.
Was read the second time.
Rep. Qualm moved that SCR 6 as found on page 151 of the Senate Journal not be
concurred in based on its noncompliance with JR 6A-1(2).
The question being on Rep. Qualm's motion that SCR 6 not be concurred in.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Johns
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion passed, and SCR 6 was not concurred in.
HR 1001 Introduced by: Representatives Smith (Jamie), Brunner, Cwach, Dennert, Frye-Mueller, Goodwin, Latterell, Lesmeister, Livermont, Marty, McCleerey, Perry, Peterson (Kent),
Peterson (Sue), Pischke, Pourier, Rasmussen, Ring, Saba, Steele, and Zikmund
A RESOLUTION, Commending and honoring Angela Kennecke for excellence in investigative
reporting and service to the people of South Dakota.
Was read the first time and referred to the Committee on State Affairs.
Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on
Thursday, February 14, 2019, the 24th legislative day.
Which motion prevailed.
Rep. Qualm moved that the report of the Standing Committee on
Health and Human Services on HB 1250 as found on page 366 of the House Journal be
adopted.
Which motion prevailed.
SB 70: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding hospital
liens.
Was read the first time and referred to the Committee on Judiciary.
SB 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
instruction and restricted driving permits.
Was read the first time and referred to the Committee on Transportation.
Was read the first time and referred to the Committee on State Affairs.
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 first time and referred to the Committee on State Affairs.
SB 163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding jury
lists.
Was read the first time and referred to the Committee on Judiciary.
SB 129: FOR AN ACT ENTITLED, An Act to exempt motor vehicles owned by licensed
ambulance services from certain motor vehicle registration fees.
The question being "Shall SB 129 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch;
Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin);
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; Randolph; Rasmussen; Reed; Reimer;
Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese;
Willadsen; York; Zikmund; Haugaard
Excused:
Johns
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 HB 1087 and 1144 be deferred to Thursday, February 14, 2019,
the 24th legislative day.
Which motion prevailed.
Rep. Qualm moved that HB 1127 be referred to the House Committee on Appropriations.
Which motion prevailed.
Rep. Qualm moved that HB 1120 be referred to the Joint Committee on Appropriations.
Which motion prevailed.
HB 1172: FOR AN ACT ENTITLED, An Act to provide for cooperation with federal
officials in matters of immigration.
Was read the second time.
Which motion prevailed.
The question being "Shall HB 1172 pass as amended?"
And the roll being called:
Yeas 35, Nays 34, Excused 1, Absent 0
Nays:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba;
Duvall; Finck; Gross; Healy; Hunhoff; Johnson (David); Koth; Lake; Lesmeister; McCleerey;
Milstead; Miskimins; Olson; Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith
(Jamie); St John; Sullivan; Willadsen
Excused:
Johns
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Kevin Jensen announced his intention to reconsider the vote by which HB 1172 lost.
HB 1103: FOR AN ACT ENTITLED, An Act to establish a lemon law for certain farm
machinery.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1103 pass?"
And the roll being called:
Yeas 36, Nays 32, Excused 2, Absent 0
Yeas:
Beal; Bordeaux; Brunner; Chaffee; Cwach; Dennert; Diedrich; Duba; Frye-Mueller; Goodwin;
Hansen; Healy; Howard; Jensen (Kevin); Karr; Koth; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Miskimins; Peterson (Sue); Pischke; Pourier; Qualm; Randolph; Ring; Saba; Smith
(Jamie); St John; Steele; Sullivan; Weis; Zikmund; Haugaard
Nays:
Anderson; Bartels; Barthel; Borglum; Chase; Deutsch; Duvall; Finck; Glanzer; Gosch;
Greenfield (Lana); Gross; Hammock; Hunhoff; Johnson (Chris); Johnson (David); Lake; Mills;
Milstead; Mulally; Olson; Otten (Herman); Peterson (Kent); Post; Rasmussen; Reed; Reimer;
Rounds; Schoenfish; Wiese; Willadsen; York
Excused:
Johns; Perry
HB 1216: FOR AN ACT ENTITLED, An Act to increase certain civil penalties for fleeing
from police.
Was read the second time.
Which motion prevailed.
The question being "Shall HB 1216 pass as amended?"
And the roll being called:
Yeas 61, Nays 7, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Deutsch;
Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana);
Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson
(David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills;
Milstead; Miskimins; Mulally; Olson; Otten (Herman); Peterson (Kent); Peterson (Sue); Post;
Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John;
Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard
Nays:
Bordeaux; Dennert; Pischke; Pourier; Randolph; Steele; Weis
Excused:
Johns; Perry
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 1117: FOR AN ACT ENTITLED, An Act to establish immunity from liability for
injuries to or the death of a person engaged in off-road vehicle activity under certain
circumstances.
Was read the second time.
"
"
Which motion prevailed.
The question being "Shall HB 1117 pass as amended?"
And the roll being called:
Yeas 55, Nays 13, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Cwach; Dennert; Deutsch;
Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana);
Gross; Hammock; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr;
Koth; Lake; Latterell; Lesmeister; Livermont; Marty; Mills; Milstead; Miskimins; Mulally;
Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen;
Reimer; Rounds; Schoenfish; St John; Steele; Weis; Wiese; York; Zikmund; Haugaard
Nays:
Bordeaux; Chase; Hansen; Healy; McCleerey; Olson; Pourier; Reed; Ring; Saba; Smith (Jamie);
Sullivan; Willadsen
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 1116: FOR AN ACT ENTITLED, An Act to prohibit the conduct of certain physical
examinations or screenings on students in a school district without parental consent.
Was read the second time.
The question being "Shall HB 1116 pass as amended?"
And the roll being called:
Yeas 34, Nays 34, Excused 2, Absent 0
Yeas:
Beal; Brunner; Chaffee; Dennert; Frye-Mueller; 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;
Randolph; Rasmussen; St John; Steele; Weis; Wiese; Haugaard
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba;
Duvall; Finck; Glanzer; Healy; Hunhoff; Johnson (David); Lesmeister; McCleerey; Milstead;
Olson; Peterson (Kent); Pourier; Qualm; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith
(Jamie); Sullivan; Willadsen; York; Zikmund
Excused:
Johns; Lake
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Latterell announced his intention to reconsider the vote by which HB 1116 lost.
Rep. Qualm moved that the balance of the calendar including HB 1217 and 1118 and
SB 36, 78, 84, 40, and 43 be deferred to Thursday, February 14, 2019, the 24th legislative day.
Which motion prevailed.
The Speaker publicly read the title to
HB 1039: FOR AN ACT ENTITLED, An Act to provide for the use of the Obligation
Recovery Center by certain postsecondary technical institutes.
HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
possession of firearms on certain vehicles.
HB 1057: FOR AN ACT ENTITLED, An Act to revise the definition of attest for the
purposes of public accountancy.
And signed the same in the presence of the House.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:08 p.m. the House adjourned.