House of Representatives Journal 1/22/2016 01:00 PM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 22, 2016

The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Doug Burleigh, followed by the Pledge of Allegiance led by House page Lance Guthmiller.

Roll Call: All members present except Reps. Cronin, Heinemann, Jensen, Kaiser, May, Partridge, Qualm, Rozum, Schoenbeck, and Schrempp 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 seventh 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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1039 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 HB 1060 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That chapter 1-19C be amended by adding a NEW SECTION to read:

The South Dakota Board on Geographic Names may only act on a name change for a geographic place name that has been identified by state law as being offensive or insulting. The board may not act on any other proposed name change. If state law identifies such a name, the board shall follow the procedures under § 1-19C-2.1 to recommend a new or replacement name."

On page 1, line 1, of the printed bill, delete "repeal" and insert "revise certain provisions regarding".

And that as so amended said bill do pass.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1052 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 Education respectfully reports that it has had under consideration HB 1013 and 1014 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1062 and 1063 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1055 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 1058 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 2, of the printed bill, remove the overstrikes from "is".

On page 4, between lines 9 and 10, insert:

" The surface owner may rely upon the record mineral owner's last address of record in the office of county register of deeds in which the mineral interest is located. It is the record mineral owner's obligation to maintain an address of record in the office of the register of deeds in the county in which their mineral interest is located. Failure to maintain an address of record is a waiver by the record mineral owner of the requirement to mail a copy of the notice of lapse to the record mineral owner.".

And that as so amended said bill do pass.

Respectfully submitted,
G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 1, 23, 29, 32, 42, and 52 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 1 Introduced by: Representatives Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield, Lana; Haggar, Don; Harrison; Haugaard; Hawks; Hawley; Heinemann; Holmes; Hunhoff, Jean; Hunt; Jensen, Alex; Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup, Al; Otten, Herman; Partridge; Peterson, Kent; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wink; Wollmann; Zikmund.

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Ninety-first Legislature of the State of South Dakota to Korder Cropsey, Michael Cutshaw, Lance Guthmiller, Mary Merxbauer, Katie Miller, Jennifer Nelson, Emily Smith, Brett Story, Patrick Winter.

WHEREAS, the above named served loyally as pages for the House of Representatives of the Ninety-first Legislative Session; and

WHEREAS, the members of the Ninety-first House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-first Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Bolin moved that House Page Resolution 1 be adopted.

Which motion prevailed and the resolution was adopted.

The Speaker declared that HB 1070 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Gosch moved that the reports of the Standing Committees on

Taxation on HB 1053 as found on page 132 of the House Journal; also

Health and Human Services on HB 1027 as found on page 132 of the House Journal; also

Local Government on HB 1005 as found on page 141 of the House Journal; also

Local Government on HB 1004 as found on page 142 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1077 Introduced by: Representatives Munsterman, Beal, Brunner, Craig, Langer, Marty, Qualm, Stalzer, and Westra and Senators Tidemann, Holien, Hunhoff (Bernie), Olson, Parsley, Peters, Van Gerpen, and Vehle

FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

Was read the first time and referred to the Committee on Judiciary.

HB 1078 Introduced by: Representatives Munsterman, Bartling, Beal, Brunner, Craig, Dryden, Duvall, Feickert, Harrison, Hunhoff (Jean), Langer, Marty, McCleerey, Otten (Herman), Partridge, Peterson (Kent), Qualm, Rasmussen, Rozum, Schaefer, Schoenfish, Soli, Solum, Stalzer, Tulson, and Westra and Senators Tidemann, Frerichs, Haverly, Holien, Hunhoff (Bernie), Olson, Parsley, Peters, Peterson (Jim), Van Gerpen, Vehle, and White

FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol related offenses to persons who assist a person in need of emergency assistance or who are themselves in need of emergency assistance.

Was read the first time and referred to the Committee on Judiciary.

HB 1079 Introduced by: Representatives Munsterman, Beal, Brunner, Craig, Langer, Marty, Qualm, Stalzer, and Westra and Senators Tidemann, Holien, Hunhoff (Bernie), Olson, Parsley, Peters, Van Gerpen, and Vehle

FOR AN ACT ENTITLED, An Act to permit the prescription and possession of an opioid antagonist in certain instances.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1080 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation and to transfer certain money to the Bureau of Administration to fund a design study for a potential expansion and upgrade to the State Animal Disease Research and Diagnostic Laboratory and to declare an emergency.

Was read the first time.

HB 1081 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

Was read the first time and referred to the Joint Committee on Appropriations.

HB 1082 Introduced by: Representatives Duvall, Deutsch, Gibson, Gosch, Hawley, Heinemann (Leslie), Hunt, McCleerey, and Zikmund and Senators Monroe, Heineman (Phyllis), Peterson (Jim), Rusch, Vehle, and White

FOR AN ACT ENTITLED, An Act to codify the list of navigable streams requiring gates.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1083 Introduced by: Representatives Stalzer, Duvall, Gibson, Gosch, Haggar (Don), Kirschman, Solum, Verchio, Werner, Wiik, and Willadsen and Senators Rampelberg, Ewing, Monroe, Novstrup (David), Peterson (Jim), and Tieszen

FOR AN ACT ENTITLED, An Act to change the taxation method used in the sale of certain off-road vehicles and require that the sale of these vehicles be by licensed vehicle dealers.

Was read the first time.

HB 1084 Introduced by: Representatives Anderson, Beal, Dryden, Haggar (Don), Hawley, Heinemann (Leslie), Hunhoff (Jean), Hunt, Jensen (Alex), Johns, May, Mickelson, Otten (Herman), Romkema, Rounds, Sly, Willadsen, Wollmann, and Zikmund and Senators Shorma, Cammack, Fiegen, Haverly, Novstrup (David), Peters, and White

FOR AN ACT ENTITLED, An Act to define when concurrent employment may be used to calculate earnings in workers' compensation cases.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1085 Introduced by: Representatives Haggar (Don), Bolin, DiSanto, Hawley, Latterell, May, Novstrup (Al), Rasmussen, Tulson, and Wiik and Senators Haggar (Jenna), Holien, Olson, Omdahl, and Solano

FOR AN ACT ENTITLED, An Act to provide for the forfeiture of any vehicle used by a person convicted of a third offense for driving under the influence.

Was read the first time and referred to the Committee on Judiciary.

HB 1086 Introduced by: Representatives Haggar (Don), Cronin, Dryden, Duvall, Gosch, Hawley, Jensen (Alex), Kirschman, and Langer and Senators Peters, Heinert, Holien, Novstrup (David), and Solano

FOR AN ACT ENTITLED, An Act to create a leased residential property classification.

Was read the first time and referred to the Committee on Taxation.

HB 1087 Introduced by: Representatives Brunner and Soli and Senators Ewing, Heinert, and Sutton

FOR AN ACT ENTITLED, An Act to repeal the requirement of a certain public election notice.

Was read the first time and referred to the Committee on Local Government.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Executive Board of the Legislative Research Council.

Was read the first time and referred to the Committee on State Affairs.

SB 23: FOR AN ACT ENTITLED, An Act to extend the time allowed for conditional land exchanges.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 29: FOR AN ACT ENTITLED, An Act to update the nurse practice act and to adopt a new Interstate Nurse Licensure Compact.

Was read the first time and referred to the Committee on Health and Human Services.

SB 32: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2015.

Was read the first time and referred to the Committee on State Affairs.

SB 42: FOR AN ACT ENTITLED, An Act to increase certain fees for boxing, kickboxing, and mixed martial arts competitions.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 52: FOR AN ACT ENTITLED, An Act to establish procedures for reporting federal tax changes for purposes of the bank franchise tax.

Was read the first time and referred to the Committee on Taxation.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Haggar requested that HB 1009 be removed from the Consent Calendar.

Which request was granted.

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

Was read the second time.

The question being "Shall HB 1049 pass?"

And the roll being called:

Yeas 60, Nays 0, Excused 10, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Holmes; Hunhoff (Jean); Hunt; Johns; Killer; Kirschman; Klumb; Langer; Latterell; Marty; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Peterson (Kent); Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Cronin; Heinemann (Leslie); Jensen (Alex); Kaiser; May; Partridge; Qualm; Rozum; Schoenbeck; Schrempp

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 1050: FOR AN ACT ENTITLED, An Act to repeal certain obsolete mini-storage tax refund provisions.

Was read the second time.

The question being "Shall HB 1050 pass?"

And the roll being called:

Yeas 60, Nays 0, Excused 10, Absent 0

Excused:
Cronin; Heinemann (Leslie); Jensen (Alex); Kaiser; May; Partridge; Qualm; Rozum; Schoenbeck; Schrempp

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 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning local government elections.

Was read the second time.

The question being "Shall HB 1034 pass?"

And the roll being called:

Yeas 60, Nays 0, Excused 10, Absent 0

Excused:
Cronin; Heinemann (Leslie); Jensen (Alex); Kaiser; May; Partridge; Qualm; Rozum; Schoenbeck; Schrempp

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 1035: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions concerning voter registration, vote centers, and conducting elections.

Was read the second time.

The question being "Shall HB 1035 pass?"

And the roll being called:

Yeas 60, Nays 0, Excused 10, Absent 0

Excused:
Cronin; Heinemann (Leslie); Jensen (Alex); Kaiser; May; Partridge; Qualm; Rozum; Schoenbeck; Schrempp

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 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning petitions for initiated constitutional amendments, initiated measures, and candidates.

Was read the second time.

The question being "Shall HB 1037 pass?"

And the roll being called:

Yeas 60, Nays 0, Excused 10, Absent 0

Excused:
Cronin; Heinemann (Leslie); Jensen (Alex); Kaiser; May; Partridge; Qualm; Rozum; Schoenbeck; Schrempp

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Gosch moved that the balance of the calendar including HB 1040, 1033, and 1036 be deferred to Monday, January 25, the 9^th legislative day.

Which motion prevailed.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 1:39 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk