JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




THIRTY-FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 27, 2019

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

    The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of Allegiance led by House page Shelby Ruland.

    Roll Call: All members present except Reps. Randolph and Reed 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 thirtieth 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.
RECOGNITION


    Speaker Haugaard recognized and introduced former Representative G. Mark Mickelson who served as Speaker of the House of Representatives in 2017 and 2018. He spoke briefly and presided over the unveiling of his portrait and the presentation of his gavel plaque.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1003, 1021, 1029, 1039, 1047, 1049, 1054, 1056, 1057, 1059, 1067, 1068, 1070, 1072, 1073, 1077, 1079, 1082, 1092, 1124, 1128, 1143, 1159, 1198, 1257, 1260, and 1263 were delivered to her Excellency, the Governor, for her approval at 9:55 a.m., February 27, 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 1076, 1157, 1200, 1255, 1258, and 1262 and
HJR 1004 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 114, 115, and 126 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 92 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 State Affairs respectfully reports that it has had under consideration
SB 117 which was deferred to the 41st legislative day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1120 which was tabled.

Respectfully submitted,
Chris G. Karr, Co-Chair


Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 48 and returns the same with the recommendation that said bill be amended as follows:

48ca

    On page 1, line 5, of the printed bill, after "or" insert "a county on behalf of an".

48cta

    On page 1, line 1, of the printed bill, after "authorize" insert "counties on behalf of".

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 56 and returns the same with the recommendation that said bill be amended as follows:

56cb

    On page 2, line 15, of the Senate engrossed bill, delete "Class 2" and insert "Class 1".

    On page 3, line 17, after "." insert "A violation of this section is a Class 1 misdemeanor.".

    On page 4, line 12, after "fifth" insert ". A violation of this section is a Class 1 misdemeanor".

    On page 4, line 15, delete "Class 2" and insert "Class 1".

    On page 5, line 1, after "state" insert ". A violation of this section is a Class 1 misdemeanor".

    On page 5, line 3, delete "Class 2" and insert "Class 1".

    On page 5, line 9, delete "Class 2" and insert "Class 1".

    On page 6, line 1, delete "Class 2" and insert "Class 1".

    On page 6, line 7, delete "Class 2" and insert "Class 1".

    On page 6, line 16, delete "Class" and insert "Class 1".

    On page 6, line 17, delete "2".

    On page 6, line 22, delete "Class 2" and insert "Class 1".

    On page 7, line 2, delete "Class 2" and insert "Class 1".

    On page 8, line 8, after "holder" insert ". A violation of this section is a Class 1 misdemeanor".

    On page 8, line 14, after "." insert "A violation of this section is a Class 1 misdemeanor.".

    On page 8, line 24, after "." insert "A violation of this section is a Class 1 misdemeanor.".

    On page 9, line 8, after "." insert "A violation of this section is a Class 1 misdemeanor.".

    On page 9, line 16, delete "Class 2" and insert "Class 1".

    On page 11, between lines 9 and 10, insert:

"    Section 27. That § 34-37-5 be amended to read:

    34-37-5. Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 1993 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R. Title 16--Commercial Practices Part 1507), effective 16 C.F.R. 1507 as in effect on January 1, 1998 2019. The use of fireworks that are not permissible, unless authorized in this chapter, is a Class 1 misdemeanor.

    Section 28. That § 34-37-9 be amended to read:

    34-37-9. Any person licensed under the provisions of this chapter shall comply with the provisions of § 10-45-45. Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the purchase was made. A violation of this section is a Class 1 misdemeanor. ".


    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 98 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 99, 123, and 163 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 148 which was deferred to the 41st legislative day.

Respectfully submitted,
Jon Hansen, Chair


Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration
SB 1, 96, and 140 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 3 and returns the same with the recommendation that said bill be amended as follows:

3ba

    On page 1, line 4, of the Senate Education Committee engrossed bill, delete everything after "Education" and insert "Interim Legislative Committee. The purpose of the interim committee is:".

    On page 1, delete lines 5 to 8, inclusive, and insert:

"

            (1)    To examine the diagnostic tools and assessments used to identify students in South Dakota schools in need of special education or special education and related services;

            (2)    To examine the disability categories that are rising at the greatest rate and review eligibility requirements;

            (3)    To review the funding levels of the disability categories;

            (4)    To examine the common costs associated with extraordinary cost fund applications, including out-of-district placements; and

            (5)    To develop recommendations to address the increasing costs of services.".

    On page 1, line 10, delete "task force" and insert "interim committee".

    On page 2, line 11, delete "task force" and insert "interim committee".

    On page 2, line 17, delete "task force" and insert "interim committee".

    On page 2, line 18, delete "task force's" and insert "interim committee's".

    On page 2, line 19, delete "task force" and insert "interim committee".

    On page 2, line 21, delete "task force" and insert "interim committee".

    On page 2, line 22, delete "December 31, 2020" and insert "the next legislative session".

    On page 2, after line 22, insert:

"    Section 5. The provisions of this Act are repealed on June 30, 2020.".


3bb

    On page 1, line 10, of the Senate Education Committee engrossed bill, delete "twelve" and insert "fourteen".

    On page 1, line 12, delete "Three" and insert "Five".

    And that as so amended said bill do pass.

Respectfully submitted,
Lana Greenfield, Chair

Also MR. SPEAKER:

    The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration SB 155 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration SCR 11 and returns the same with the recommendation that said resolution be concurred in and be placed on the consent calendar.

Respectfully submitted,
Larry P. Zikmund, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1215 and 1242 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1185 was deferred to the
41st legislative day.



Also MR. SPEAKER:

    I have the honor to return herewith HB 1076, 1157, 1200, 1255, 1258, and 1262 and
HJR 1004 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS


    HR 1003: A RESOLUTION, Denouncing the recent passage of New York's abortion law and requesting that the Governor declare a day of prayer and fasting to atone for the unspeakable crime of abortion.

    Was read the second time.


    Rep. Hansen moved that HR 1003 as found on page 480 of the House Journal be adopted.

    The question being on Rep. Hansen's motion that HR 1003 be adopted.

    And the roll being called:

    Yeas 59, Nays 9, Excused 2, Absent 0

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

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

    Excused:
Randolph; Reed

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HR 1003 was adopted.


    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m., Thursday, February 28, 2019, the 32nd 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 61 as found on page 548 of the House Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 121: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding manufacturers' warranties for motor vehicles to include all-terrain vehicles.

    SB 70: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding hospital liens.

    SB 85: FOR AN ACT ENTITLED, An Act to revise the deadline for the Department of Health's annual report regarding abortions.

    Were read the second time.

    The question being "Shall SB 70 pass as amended and SB 121 and 85 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; 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; Rasmussen; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Randolph; Reed

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1256: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1256 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; 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; Rasmussen; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Randolph; Reed

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



SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Rep. Qualm moved that SB 59 and 16 be deferred to Thursday, February 28, 2019, the
32nd legislative day.

    Which motion prevailed.

    SB 63: FOR AN ACT ENTITLED, An Act to increase the penalty for a subsequent conviction for trespass to hunt, fish, or trap.

    Was read the second time.

    The question being "Shall SB 63 pass as amended?"

    And the roll being called:

    Yeas 65, Nays 2, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; 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); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Post; Pourier; Qualm; Rasmussen; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Dennert; Pischke

    Excused:
Mulally; Randolph; Reed

    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 154: FOR AN ACT ENTITLED, An Act to authorize the production and transport of saltwater crustaceans.

    Was read the second time.

    The question being "Shall SB 154 pass as amended?"

    And the roll being called:



    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; 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; Rasmussen; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Randolph; Reed

    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 72: FOR AN ACT ENTITLED, An Act to provide for a form a physician must use to obtain consent to an abortion.

    Was read the second time.

    The question being "Shall SB 72 pass as amended?"

    And the roll being called:

    Yeas 59, Nays 9, Excused 2, Absent 0

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

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

    Excused:
Randolph; Reed

    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 100: FOR AN ACT ENTITLED, An Act to reduce the number of petition signatures required for conservation district supervisor elections.

    Was read the second time.

    The question being "Shall SB 100 pass?"

    And the roll being called:

    Yeas 48, Nays 18, Excused 4, Absent 0

    Yeas:
Bartels; Barthel; Beal; Borglum; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Lake; Latterell; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Rasmussen; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Anderson; Bordeaux; Brunner; Cwach; Duba; Finck; Gross; Healy; Howard; Hunhoff; Karr; Koth; Mulally; Pourier; Reimer; Ring; Saba; Sullivan

    Excused:
Lesmeister; Qualm; Randolph; Reed

    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 73: FOR AN ACT ENTITLED, An Act to revise qualifications for sanitary district trustees.

    Was read the second time.

73yb

    Rep. Johns moved that SB 73 be amended as follows:

    On page 2, line 11, of the House Local Government Committee engrossed bill, delete "own" and insert "a United States citizen who owns".



    Which motion prevailed.

    The question being "Shall SB 73 pass as amended?"

    And the roll being called:

    Yeas 43, Nays 23, Excused 4, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Hammock; Healy; Hunhoff; Johns; Johnson (David); Koth; Lake; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Peterson (Kent); Pourier; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan; Willadsen; York; Zikmund; Haugaard

    Nays:
Brunner; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Mulally; Perry; Peterson (Sue); Pischke; Post; Rasmussen; St John; Weis; Wiese

    Excused:
Lesmeister; Qualm; Randolph; Reed

    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 53: FOR AN ACT ENTITLED, An Act to authorize certain retailers to offer quantity discounts or cash discounts for the purchase of alcoholic beverages.

    Was read the second time.

    The question being "Shall SB 53 pass as amended?"

    And the roll being called:

    Yeas 58, Nays 8, Excused 4, Absent 0

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


    Nays:
Beal; Gosch; Johns; Latterell; Pourier; Steele; Willadsen; Zikmund

    Excused:
Lesmeister; Qualm; Randolph; Reed

    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 113: FOR AN ACT ENTITLED, An Act to provide that certain information contained within applications for money lending licenses are public records.

    Was read the second time.

    The question being "Shall SB 113 pass?"

    And the roll being called:

    Yeas 62, Nays 4, Excused 4, Absent 0

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

    Nays:
Gosch; Olson; Reimer; Willadsen

    Excused:
Lesmeister; Qualm; Randolph; Reed

    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 55: FOR AN ACT ENTITLED, An Act to require the national motto of the United States to be displayed in public schools.

    Was read the second time.


55wa

    Rep. Gosch moved that SB 55 be amended as follows:

    On page 1, after line 11 of the House State Affairs Committee engrossed bill, insert:

"    Section 2. That chapter 13-24 be amended by adding a NEW SECTION to read:

    For any lawsuit brought or any complaint filed against a school district, an employee of a school district, the board of a school district, or a member thereof as a result of a school district displaying the national motto of the United States in accordance with section 1 of this Act, the attorney general shall provide legal representation at no cost to the school district, employee, school board, or member of the school board.

    In addition to the expenses of representation, the state shall assume financial responsibility for any other related expense incurred by the school district, an employee, the board, or member thereof, including any award for monetary damages, attorney's fees, and costs for which the school district, an employee, the board, or a member thereof would be otherwise responsible.".

    Which motion prevailed.

    The question being "Shall SB 55 pass as amended?"

    And the roll being called:

    Yeas 47, Nays 19, Excused 4, Absent 0

    Yeas:
Anderson; Bartels; Beal; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johns; Johnson (Chris); Karr; Koth; Lake; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; Willadsen; York; Haugaard

    Nays:
Barthel; Bordeaux; Borglum; Chase; Cwach; Duba; Gross; Healy; Hunhoff; Johnson (David); McCleerey; Otten (Herman); Pourier; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Zikmund

    Excused:
Lesmeister; Qualm; Randolph; Reed

    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 64: FOR AN ACT ENTITLED, An Act to require certain wind energy facilities to include aircraft detection lighting systems.

    Was read the second time.

    The question being "Shall SB 64 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, 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; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Rasmussen; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Lesmeister; Qualm; Randolph; Reed

    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.

COMMEMORATIONS

    HC 1013 Introduced by: Representatives Miskimins, Anderson, Bartels, Brunner, Chaffee, Chase, Deutsch, Duba, Duvall, Finck, Glanzer, Greenfield (Lana), Gross, Johns, Johnson (Chris), Koth, Lake, Livermont, Marty, Milstead, Mulally, Olson, Perry, Peterson (Sue), Pischke, Rasmussen, Reimer, Ring, Rounds, Steele, Weis, Wiese, Willadsen, and York and Senators Blare, Jensen (Phil), Nelson, Stalzer, Steinhauer, and Wismer

        A LEGISLATIVE COMMEMORATION, Honoring and commending Dr. David E. Peterson for his outstanding service in the field of dentistry to patients in South Dakota.

    WHEREAS, in 1976, Dr. David E. Peterson joined the staff of the state entity now named the South Dakota Developmental Center (SDDC) in Redfield, South Dakota; and

    WHEREAS, Dr. Peterson received his Doctor of Dental Surgery (DDS) degree in 1972 and completed his residency in general practice in June 1973. He then joined the staff of the Royal Dental Hospital and the faculty of the University of Melbourne School of Dentistry in Melbourne, Australia; and

    WHEREAS, after coming to South Dakota, Dr. Peterson soon developed relationships with the University of Nebraska, Creighton University, the University of South Dakota, and Lake Area Technical Institute as a connecting bridge to bring students to the SDDC for rotations; and

    WHEREAS, in 1981, Dr. Peterson took a year long leave of absence to volunteer as the Director of Dental Surgery Services at Protestant Hospital in Sudan Mission, Ngaoundere, Cameroon; and

    WHEREAS, after returning to the SDDC in September 1982, Dr. Peterson continued his work with the patients at the center, transitioning to part-time work in recent years. For thirty-four years, Dr. Peterson has taken vacation time to complete dental screenings for Northeast South Dakota Head Start; and

    WHEREAS, Dr. Peterson served one term as president of the Association of Institutional Dentists and has received the South Dakota College of Dentists Outstanding Dentist Award and the South Dakota Dental Association's GOLD Tooth Award, Presidential Award, and Humanitarian Award; and

    WHEREAS, Dr. Peterson has been dedicated and humble in performing incredible service for patients with additional and complex care needs:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and honors Dr. David E. Peterson for his dedication to the South Dakota Developmental Center and the field of dentistry in South Dakota.

    HC 1014 Introduced by: Representatives Hunhoff, Bordeaux, Diedrich, Duba, Duvall, Howard, Mills, and Smith (Jamie) and Senators Nesiba, Greenfield (Brock), Kennedy, Kolbeck, Schoenbeck, Soholt, and Sutton

        A LEGISLATIVE COMMEMORATION, Honoring the 2019 South Dakota Boys & Girls Clubs of America's Youth of the Year finalists.

    WHEREAS, Alexander J. Harbaugh, Boys & Girls Club of the Sioux Empire; Zachary Richard Wilhelmi, Boys & Girls Club of Watertown; Ethan Nicholas Zitterich, Boys & Girls Club of Brookings; Joe L. Zephier, Boys & Girls Club of the Missouri River Area; Kaitlyn M. KillKelley, Ellsworth AFB Youth Program; Jacob Bordeaux, Boys & Girls Club of Rosebud; Gabi Tyler, Boys & Girls Club of the Capital Area; Abbie Kallhoff, Boys & Girls Club of Aberdeen; and Saylor Miller, Boys & Girls Club of the Black Hills, belong to a Boys & Girls Club in South Dakota and have been selected to represent their respective clubs in the state Youth of the Year Program; and

    WHEREAS, the Youth of the Year Program is the Boys & Girls Club of the America's premier youth recognition program for club members that promotes and celebrates service to the club, community, and family; academic performance; moral character; life goals; and poise and public speaking ability; and

    WHEREAS, Disney and Toyota generously sponsor the Boys & Girls Clubs of America's Youth of the Year Program; and

    WHEREAS, one of these club members will be selected to represent South Dakota in the
national Youth of the Year program; and

    WHEREAS, these club members have demonstrated exemplary accomplishments in the areas of leadership, community service, character development, academics, fitness, poise, and
public speaking:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that Alexander J. Harbaugh, Zachary Richard Wilhelmi, Ethan Nicholas Zitterich, Joe L. Zephier, Kaitlyn M. KillKelley, Jacob Bordeaux, Gabi Tyler, Abbie Kallhoff, and Saylor Miller are hereby commended for their outstanding achievements, and appreciation is hereby extended to the Boys & Girls Club of America and to Disney and Toyota for their work in promoting and celebrating these achievement through the Youth of the Year Program.

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1076: FOR AN ACT ENTITLED, An Act to revise certain real estate licensee advertising restrictions and grant rule-making authority regarding real estate teams.

    HB 1157: FOR AN ACT ENTITLED, An Act to revise provisions regarding challenges to candidate nominating petitions.

    HB 1200: FOR AN ACT ENTITLED, An Act to require the posting of contact information for persons serving on a board of township supervisors.

    HB 1255: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission, and to declare an emergency.

    HB 1258: FOR AN ACT ENTITLED, An Act to create the clean air act settlement fund, to make an appropriation from the fund, and to declare an emergency.

    HB 1262: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain health care professionals who have complied with the requirements for certain health care recruitment assistance programs and to declare an emergency.


    HJR 1004: A JOINT RESOLUTION, Rescinding House Joint Resolutions calling for a constitutional convention, or convention of the states, for the purpose of amending the Constitution of the United States.

    And signed the same in the presence of the House.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:42 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk