The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of
Allegiance led by House pages Braden Bury and Jalen Fast.
Roll Call: All members present.
The oath of office was administered by Speaker Haugaard to the following employee:
Assistant Sergeant at Arms - Mike Fugitt
Which was subscribed to and placed on file in the office of the Secretary of State.
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 thirteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
The Committee on Legislative Procedure respectfully reports that HB 1002, 1005, and
1017 were delivered to her Excellency, the Governor, for her approval at 9:35 a.m., January 29,
2019.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1014, 1015, and 1031 and finds the same correctly
enrolled.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1073 and returns the same with the recommendation that said bill do
pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 33 which was tabled.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 30 and 32 and returns the same with the recommendation that said bills do
pass and be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1060 and returns the same with the recommendation that said bill be referred
to the House Committee on Appropriations.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1075 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1115 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith SB 44 which has passed the Senate and your
favorable consideration is respectfully requested.
I have the honor to return herewith HB 1014 and 1015 which have passed the Senate
without change.
HCR 1001: A CONCURRENT RESOLUTION, Supporting the Governor's efforts to fuel
the state fleet with premium E-30 fuel.
Was read the second time.
Rep. Perry moved that HCR 1001 as found on page 145 of the House Journal be adopted
as amended on page 181 of the House journal.
The question being on Rep. Perry's motion that HCR 1001 be adopted as amended.
And the roll being called:
Yeas 67, Nays 3, Excused 0, 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; Marty; McCleerey;
Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson
(Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba;
Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund;
Haugaard
Nays:
Johns; Livermont; Rounds
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1001 was adopted as amended.
Rep. Kevin Jensen moved that HB 1060 be referred from the Committee on Health and
Human Services to the House Committee on Appropriations.
Which motion prevailed.
HB 1176 Introduced by: Representatives Duvall, Rasmussen, and Wiese and Senators
Soholt, DiSanto, Foster, Langer, Sutton, and Wismer
FOR AN ACT ENTITLED, An Act to provide for the regulation of saline tattoo removal
by municipalities.
Was read the first time and referred to the Committee on Local Government.
HB 1177 Introduced by: Representatives Frye-Mueller, Brunner, and Pischke and Senators
Nelson, DiSanto, Jensen (Phil), and Russell
FOR AN ACT ENTITLED, An Act to require the performance of an ultrasound prior to
an abortion.
Was read the first time and referred to the Committee on State Affairs.
HB 1178 Introduced by: Representatives Qualm, Anderson, Chaffee, Duvall, Finck, Gosch,
Howard, Livermont, Marty, Otten (Herman), Perry, Peterson (Kent), Randolph, and Rounds and
Senators Greenfield (Brock), Blare, Cronin, Klumb, Langer, Maher, and Otten (Ernie)
FOR AN ACT ENTITLED, An Act to revise provisions regarding the beginning period for
absentee voting.
Was read the first time and referred to the Committee on State Affairs.
HB 1179 Introduced by: Representative Reed and Senator Schoenbeck
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding victims of sexual
assault.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1180 Introduced by: Representatives Reed, Anderson, Borglum, and Chase and
Senators Soholt, Schoenbeck, and Smith (VJ)
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection
and storage of sexual assault kit evidence.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to create a habitat conservation emblem specialty
plate.
Was read the first time and referred to the Committee on Transportation.
HB 1182 Introduced by: Representatives Pischke, Finck, Goodwin, and Otten (Herman)
and Senators Nelson and Otten (Ernie)
FOR AN ACT ENTITLED, An Act to require a balanced and representative membership
on the Game, Fish and Parks Commission.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1183 Introduced by: Representative Rounds and Senator Monroe
FOR AN ACT ENTITLED, An Act to accommodate legislation regarding the alcohol
excise tax.
Was read the first time and referred to the Committee on Taxation.
HB 1184 Introduced by: Representatives Rounds and Peterson (Kent) and Senator Kolbeck
FOR AN ACT ENTITLED, An Act to authorize the operation of business development
banks.
Was read the first time and referred to the Committee on State Affairs.
HB 1185 Introduced by: Representatives Mills, Chaffee, Deutsch, Duvall, and Frye-Mueller and Senator Wiik
FOR AN ACT ENTITLED, An Act to revise provisions regarding farm wineries.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
FOR AN ACT ENTITLED, An Act to provide for repayment of costs incurred by a county
related to crimes involving inmates of a state prison.
Was read the first time and referred to the Committee on State Affairs.
SB 44: FOR AN ACT ENTITLED, An Act to revise the permanent endowment trust, to
authorize the Board of Regents to sell certain extraneous real property and to purchase certain
real property, to make an appropriation of sale proceeds, and to declare an emergency.
Was read the first time and the Speaker waived the referral to the standing committee
pursuant to Joint Rule 6D-1.
Rep. Howard requested that HB 1064 be removed from the Consent Calendar.
Which request was granted.
HB 1057: FOR AN ACT ENTITLED, An Act to revise the definition of attest for the
purposes of public accountancy.
HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
criminal background checks for adults working in child care institutions.
SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
granting of work permits to minors who refuse to submit to chemical analyses.
SB 20: FOR AN ACT ENTITLED, An Act to update certain provisions regarding
consumer protection.
SB 21: FOR AN ACT ENTITLED, An Act to authorize certain tobacco manufacturers to
assign to the state the interest of the manufacturer in any money in a qualified escrow fund.
The question being "Shall HB 1057 and 1029 pass as amended and SB 11, 20, and 21
pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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); Johns;
Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer;
Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese;
Willadsen; York; Zikmund; Haugaard
So the bills having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bills passed and the titles were agreed to.
HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vote
centers and precinct workers.
Was read the second time.
A roll call vote was requested and was supported.
The question being on Rep. Howard's motion that HB 1027 be amended.
And the roll being called:
Yeas 32, Nays 38, Excused 0, Absent 0
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Duba; Duvall;
Glanzer; Hammock; Healy; Hunhoff; Johns; Johnson (David); Koth; Lake; Lesmeister;
McCleerey; Milstead; Miskimins; Mulally; Olson; Peterson (Kent); Post; Pourier; Reed;
Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan; Willadsen; York; Zikmund
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 HB 1027 pass as amended?"
And the roll being called:
Yeas 50, Nays 20, Excused 0, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Dennert; Deutsch; Diedrich; Duba; Duvall; Glanzer; Greenfield (Lana); Hammock; Healy;
Hunhoff; Johns; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Mills; Milstead;
Miskimins; Mulally; Olson; Otten (Herman); Peterson (Kent); Post; Pourier; Reed; Reimer;
Ring; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen;
York; Zikmund; Haugaard
Nays:
Finck; Frye-Mueller; Goodwin; Gosch; Gross; Hansen; Howard; Jensen (Kevin); Johnson
(Chris); Karr; Latterell; Livermont; Marty; Perry; Peterson (Sue); Pischke; Qualm; Randolph;
Rasmussen; Rounds
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 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
South Dakota Retirement System.
Was read the second time.
The question being "Shall HB 1011 pass as amended?"
And the roll being called:
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); Johns;
Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer;
Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese;
Willadsen; York; Zikmund; Haugaard
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 1051: FOR AN ACT ENTITLED, An Act to establish the South Dakota state seal of
civics literacy program.
Was read the second time.
The question being "Shall HB 1051 pass as amended?"
And the roll being called:
Yeas 32, Nays 38, Excused 0, Absent 0
Yeas:
Barthel; Brunner; Deutsch; Diedrich; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana);
Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johns; Johnson (David); Koth; Latterell;
Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Peterson (Sue);
Randolph; Rasmussen; Reed; Rounds; Schoenfish; St John; Steele
Nays:
Anderson; Bartels; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert; Duba; Duvall;
Finck; Gosch; Healy; Hunhoff; Johnson (Chris); Karr; Lake; Lesmeister; McCleerey; Olson;
Perry; Peterson (Kent); Pischke; Post; Pourier; Qualm; Reimer; Ring; Saba; Smith (Jamie);
Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
SB 14: FOR AN ACT ENTITLED, An Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.
The question being "Shall SB 14 pass?"
And the roll being called:
Yeas 66, Nays 4, Excused 0, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert;
Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield
(Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson
(Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring;
Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Wiese; Willadsen; York; Zikmund;
Haugaard
Nays:
Bordeaux; Pourier; Sullivan; Weis
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 47: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions
regarding permits to carry a concealed pistol.
Was read the second time.
Rep. Qualm rose to a point of order on Rep. Johns' comments pertaining to the bill and not
limited to the amendment only. Speaker sustained the point of order.
A roll call vote was requested and was supported.
And the roll being called:
Yeas 29, Nays 41, Excused 0, Absent 0
Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall;
Glanzer; Healy; Hunhoff; Johns; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Olson;
Pourier; Reed; Ring; Rounds; Saba; Smith (Jamie); Sullivan; Wiese; York
Nays:
Beal; Brunner; Chaffee; Dennert; Deutsch; Finck; Frye-Mueller; Goodwin; Gosch; Greenfield
(Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David);
Karr; Koth; Latterell; Livermont; Marty; Mills; Mulally; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; Schoenfish; St
John; Steele; Weis; Willadsen; Zikmund; Haugaard
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 47 pass?"
And the roll being called:
Yeas 47, Nays 23, Excused 0, Absent 0
Yeas:
Beal; Borglum; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Finck; Frye-Mueller; Glanzer;
Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin);
Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
Mills; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm;
Randolph; Rasmussen; Reimer; Rounds; Schoenfish; St John; Steele; Weis; Willadsen;
Zikmund; Haugaard
Nays:
Anderson; Bartels; Barthel; Bordeaux; Chase; Cwach; Duba; Duvall; Healy; Hunhoff; Johns;
McCleerey; Milstead; Miskimins; Olson; Pourier; Reed; Ring; Saba; Smith (Jamie); Sullivan;
Wiese; York
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 1014: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding
payments of the tax imposed on financial institutions and banks.
HB 1015: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal
Revenue Code.
HB 1031: FOR AN ACT ENTITLED, An Act to authorize certain wind and solar
easements and leases by the commissioner of School and Public Lands.
SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
authorization for public transportation assistance grants.
And signed the same in the presence of the House.
Rep. Qualm moved that the balance of the calendar including SB 23, 12, and 31 be
deferred to Wednesday, January 30, 2019, the 15th legislative day.
Which motion prevailed.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:21 p.m. the House adjourned.