JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 11, 2017

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

    The prayer was offered by the Chaplain, Bishop David Zellmer, followed by the Pledge of Allegiance led by House page Cheyenne Davis.

    Roll Call: All members present except Reps. May and Soli 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 first 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,
G. Mark Mickelson, Chair

    Which motion prevailed.
    The oath of office was administered by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota to the following Representative:

    Lana Greenfield

    Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the State of the Tribes from a Tribal Chairman, respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 12, 2017.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Tribal Chairman has been received, the Joint Session be dissolved.

    That the message of the Tribal Chairman be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Lee Qualm    Ryan Maher
Kent Peterson    R. Blake Curd
Spencer Hawley    Troy Heinert
House Committee    Senate Committee


Also MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Ninety-second Legislative Session be January 10 through January 13, January 17 through January 20, January 23 through January 26, January 31 through February 3, February 6 through February 9, February 13 through February 16, February 21 through February 24, February 27 through March 2, March 6 through March 10, and March 27.

Respectfully submitted,    Respectfully submitted,
Larry Rhoden    Brock Greenfield
Arch Beal    R. Blake Curd
Susan Wismer    Billie Sutton
House Committee    Senate Committee

Also MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

    In regard to the system for payment of travel expenses to legislators we respectfully report that:

    (1) A form listing each weekend during session will be delivered to legislators. Legislators will be asked to list their travel on that single sheet which would be signed and turned in at the close of session. Also, pursuant to statute, a voucher must also be signed by each legislator requesting travel reimbursement.

    (2) Legislators driving their own car home for a weekend will receive mileage paid at state rates (42 cents per mile). Legislators not driving home will not be entitled to reimbursement unless they leased a vehicle or somehow incurred an expense, equivalent to 42 cents per mile, in such travel.

    (3) Legislators flying commercially will receive the equivalent of flight expenses as long as it does not exceed 42 cents per mile.

    (4) Legislators flying charter or in their own plane will be reimbursed for actual expenses as long as it does not exceed 42 cents per mile.

    (5) A maximum of ten trips will be considered for the 2017 Legislative Session, including the trip for the final legislative day.


    (6) Pursuant to constitutional provisions, legislators will be paid for their initial trip to Pierre and their final trip home at the rate of 5 cents per mile.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Brock Greenfield
Lee Qualm    R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee    Senate Committee


Also MR. SPEAKER:

    Your Joint-Select Committee appointed relative to securing chaplains for the Ninety-second Legislative Session respectfully reports:

    We have conferred with the Pierre/Ft. Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Pastor John Armstrong, Oahe Presbyterian Church, as chief chaplain, to serve the Senate and House as chaplains throughout the Ninety-second session of the Legislature. The chaplains are as follows:

    John Armstrong, Dan Bader, Josh Baumann, Paul Bly, Larry Cass, Roger Easland, John Fette, Ron Garry, Mercy Hobbs, Joe Holzhauser, David Hussey, Kimberley LaPlante, Auggie Minzlaff, Sunshine Minzlaff, Peggy Stempson, Craig Wexler, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Sean McPherson     Ernie Otten
Bob Glanzer     Brock Greenfield
Karen Soli    Jason Frerichs
House Committee    Senate Committee


Also MR. SPEAKER:


    Your Joint-Select Committee appointed for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act respectfully reports that:

    The Legislature orders 100 copies of the Senate and House bills and resolutions (each); and 60 copies of the Senate and House daily journals (each) for the Ninety-second Legislative Session.

    The free distribution of sets of bills, resolutions, and daily journals shall be as follows:

    Eight copies for the Governor's Office, thirteen copies for the Supreme Court, eleven copies for the Legislative Research Council, four copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management, four copies for the Secretary of State, two copies for the Department of Legislative Audit, one copy

for the Code Commission, one copy for the State Treasurer, one copy for the State Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public Utilities Commission, and press copies as needed. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative internet site.

    State's Attorneys and County Auditors shall receive free copies of bills and journals if they pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.

    Distribution of bills and journals to state officials, boards, commissions, and institutions will be made upon request in writing to the Legislative Research Council at a charge of $315 per set of bills and $85 per set of journals plus mailing charges, if applicable.

    One copy of the official directory (red book) shall be distributed to each Senator and Representative, four copies to the State Library, three copies to the Secretary of State and a copy shall also be made available to state departments and the press upon request to the Director of the Legislative Research Council. The public may obtain a copy for a fee of $8 payable to the Legislative Research Council.

    One free copy of the South Dakota Legislative Index shall be distributed to the Governor, the Lieutenant Governor, the Attorney General and the Supreme Court; four free copies to the State Library Depository; and one free copy to Senators and Representatives. Upon written request to the Legislative Documents Room before January 20, 2017, all other state and private entities may purchase the South Dakota Legislative Index at a cost of $55 per copy.

    The Documents Clerk shall upon written request furnish any individual, firm, corporation, association, or other organization with a set of House and Senate bills for $315 per set and a set of journals for $85 per set for the Ninety-second Legislative Session, plus mailing charges, if applicable.

    Legislators may have two copies of all bills and resolutions and two copies of the daily journals distributed or mailed to constituents within the legislator's own district if constituents or legislators pay mailing charges of $50 per set for first-class mailing.

    Registered lobbyists shall be entitled to one copy of the official directory upon payment of the $40 registration fee to the Secretary of State; and upon payment of an additional $315 per set of bills and $85 per set of journals plus mailing charges, if applicable, to the Legislative Research Council, shall be entitled to one copy of all bills and resolutions or journals pursuant to SDCL 2-12-3.

    Bill status reports will be printed and sold to state agencies at cost and to registered lobbyists for $220 payable to the Legislative Research Council which receipted funds shall be used to pay the printing costs. If bill status is mailed, the additional cost is $125 for first-class postage.


    A free daily copy of the bill status report shall be distributed as follows:

    Governor; Speaker of the House; Speaker Pro tempore of the House; House Majority Leader; House Minority Leader; House Lobby; Chief Clerk of the House; Lieutenant Governor; President Pro tempore of the Senate; Senate Majority Leader; Senate Minority Leader; Senate Lobby; Secretary of the Senate; Page Advisor; Attorney General; Bureau of Finance and Management; Secretary of State; Treasurer's Office; Auditor's Office; Office of School and Public Lands; and Legislative Research Council. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative internet site.

    The Documents Clerk shall at the end of the session file a report with the Director of the Legislative Research Council of all money paid for the purchase of bills and journals and show proof of having deposited such money with the State Treasurer. Such funds shall be used to offset the costs of postage and printing of bills and journals.

Respectfully submitted,    Respectfully submitted,
Lynne DiSanto    Jim White
Isaac Latterell    Al Novstrup
Dan Ahlers    Troy Heinert
House Committee    Senate Committee


Also MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House of Representatives and Senate respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 3:00 p.m. on January 19, 2017, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the House of Representatives and Senate.

    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Joint Session will be dissolved.

    The Memorial Resolution shall be printed in the House and Senate Journals.

Respectfully submitted,     Respectfully submitted,
Mike Stevens        Gary Cammack
Charles Turbiville    Phil Jensen
Julie Bartling    Jason Frerichs
Karen Soli    Senate Committee
House Committee


MESSAGES FROM THE SENATE

    Unless there is an objection, the Speaker waives the reading of the messages from the Senate.

    Hearing no objection, the reading was waived.


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for a Joint Session of the two houses to receive the message of the Governor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Curd, Maher, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of inviting the Chief Justice of the Supreme Court to address a Joint Session on the State of the Judiciary and to make arrangements therefor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Maher, Curd, and Heinert as a committee of three on the part of the Senate to meet with a like committee on the part of the House to make arrangements for a Joint Session to hear the message from Chairman Flying Hawk, Yankton Sioux Tribe.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet

with a like committee on the part of the House relative to the Joint Rules for the Ninety-second Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the House and Senate for the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for legislative days for the members, officers, and employees of the Senate and House.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. White, Novstrup, and Heinert as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals, and bills and other legislative printing for the two houses and the state offices, with the full power to act.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Otten, Greenfield, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to securing chaplains for the Ninety-second Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Cammack, Jensen, and Frerichs as a committee of three on the part of the Senate to meet with a committee of four on the part of the House for the purpose of arranging a memorial recognition of deceased former members of the Senate and House.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session of the two houses to receive the message of the Governor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Judiciary message from the Honorable David Gilbertson, Chief Justice of the Supreme Court.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Tribes message from Chairman Flying Hawk, Yankton Sioux Tribe.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HCR 1001: A CONCURRENT RESOLUTION, Reappointing Mr. Marty Guindon of Pierre, South Dakota, to the Office of Auditor General.

    Rep. Hawley moved that HCR 1001 as found on page 13 of the House Journal be adopted.

    The question being on Rep. Hawley's motion that HCR 1001 be adopted.

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson

    Excused:
May; Soli

    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.

    Rep. Qualm moved that HB 1051 be referred from the Committee on Judiciary to the Committee on State Affairs.

    Which motion prevailed.

    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, January 12, the 3rd legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Rep. Qualm moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Tribes message from a Tribal Chairman be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    The following bills were read on Tuesday, January 10th, and today the Speaker assigned these bills to committee.

    HB 1002 was referred to the Committee on Health and Human Services.

    HB 1003 was referred to the Committee on Health and Human Services.


    HB 1004 was referred to the Committee on Health and Human Services.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:19 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk


JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 16 of the House Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Chaplain, Bishop David B. Zellmer, South Dakota Synod of the ELCA, Sioux Falls, South Dakota:

    Deuteronomy 16:18-20 ... You shall appoint judges and officials throughout your tribes, in all your towns that the Lord is giving you, and they shall render just decisions for the people. ... Justice and only justice, you shall pursue, so that you may live and occupy the land that the Lord your God is giving you.

    Blessed are You oh Lord our God, King of the Universe. We give thanks and praise for the gift of the law that provides order and the protection for your people. We lift up and ask your continued blessing upon Chief Justice Gilbertson, our Supreme Court and our Judges and Magistrates across this state. That blessed with wisdom and courage they may judge wisely and that justice and mercy may prevail.

    We pray as well for our Governor, Senators, House of Representatives and all elected and appointed officials and that through their work, deliberations and leadership the people of South Dakota might be served and that liberty and the common good might be put forward.

    In Your Holy Name we Pray. Amen.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten, Ernie; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg.

    The Chief Clerk of the House of Representatives, Arlene Kvislen, called the roll of the House and the following members were present:


Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield, Lana; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen, Kevin; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; McCleerey; McPherson; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson.

    Sen. Curd moved that a committee of three on the part of the Senate and a committee of five on the part of the House be appointed to escort the Honorable David Gilbertson, Chief Justice of the state of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Curd, Maher, and Sutton on the part of the Senate and Reps. Qualm, Kent Peterson, Haggar, Hawley, and Bartling on the part of the House.

    The Sergeant at Arms announced the arrival of Chief Justice David Gilbertson, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable David Gilbertson, who delivered the State of the Judiciary Address.

    Sen. Curd moved that the Joint Session do now dissolve.

    Which motion prevailed.