House of Representatives Journal 2/1/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 1, 2017

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

The prayer was offered by the Chaplain, Rev. Dan Bader, followed by the Pledge of Allegiance led by House pages Sara Herman and Braedon Wallenstein.

Roll Call: All members present except Rep. Carson who was 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 thirteenth 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.

Rep. Johns introduced the Outstanding School Administrators for 2015-2016: Jim Holbeck, Superintendent, Harrisburg; Sherri Becker, Curriculum Director, Watertown; Lory Dufrain, Business Manager, Wagner; Jennifer Heggelund, Special Education Director, Watertown; Ethan Dschaak, Elementary Principal, Meade; Todd Brist, Middle School Principal, Watertown; Kevin Lein, Secondary Principal, Harrisburg; and Ryan Rollinger, Assistant Secondary Principal, Harrisburg.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1071 and 1112 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 HB 1052 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the printed bill, after "." insert "The provisions of this section do not apply to any employee who knows the report is false or was made in a reckless disregard for the truth.".

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 30 and 31 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1065 and 1080 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 1068 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 31-18 be amended by adding a NEW SECTION to read:

Notwithstanding the provisions of § 20-9-16, a landowner owes no duty of care to keep an unimproved section line safe for entry or use by any uninvited person for an outdoor recreational purpose or tourism activity. The landowner does not have a duty to give any warning of a dangerous condition, use, or structure on an unimproved section line to any uninvited person entering for an outdoor recreational purpose or tourism activity, except for any condition created by the willful and wanton act of the landowner."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 9, of the printed bill, after "approve." insert "The county treasurer may decline to act as the trustee and in such event the court shall appoint an alternate trustee.".

On page 2, line 21, after "funds" insert ". If the bonuses, rental payments, royalties, and other income paid to the trust are not sufficient to pay trustee fees, agent fees, and any other administrative costs paid by the trustee, the petitioner shall indemnify the fund for such costs and expenses".

And that as so amended said bill do pass.

Respectfully submitted,
Mike Stevens, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1061 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 HB 1066 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 § 32-6B-5.1 be amended to read:

32-6B-5.1. ~~The following persons do not need to be licensed~~ A license issued pursuant to this chapter ~~if the person meets~~ is not necessary in the following conditions:

(1) Any person engaged in the business of manufacturing trailers may display but may not sell any trailers at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue. If the permit is purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ~~ten-day~~ fifteen-day temporary permit. ~~However, if~~ If the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

(2) Any person may sell motorcycles at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue. Before issuance of a permit, the person shall provide proof the person is a licensed dealer in the person's own state and has no outstanding dealer violations. The permit may only be issued if the new motorcycles being sold are not franchised in this state. If the permit is purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ~~ten-day~~ fifteen-day temporary permit. ~~However, if~~ If the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

(3) Any person may sell trailers at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue. Before issuance of a permit, the person shall provide proof the person is a licensed dealer in the person's own state and has no outstanding dealer violations. The permit may only

be issued if the trailers being sold are not franchised in this state. If the permit is purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ~~ten-day~~ fifteen-day temporary permit. ~~However, regardless~~ Regardless of whether or not there is a franchise in this state, any person may display a trailer at ~~such~~ an event. ~~However, if~~ If the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

(4) Any dealer licensed in another state may sell any vehicle or motorcycle that is not titled in South Dakota if the vehicle is at least twenty years old and the motorcycle is at least thirty years old at a public auction on consignment if the title is issued in the name of the dealer and the dealer purchases a permit from the Department of Revenue. Before issuance of a permit, the dealer shall provide proof the dealer is a licensed dealer in the dealer's own state and has no outstanding dealer violations. If the permit is purchased in advance of the auction, the dealer shall pay a fee of two hundred fifty dollars for the permit. ~~However, if~~ If the permit is purchased at or after the auction, the dealer shall pay a fee of five hundred dollars for the temporary permit. Any dealer found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation; and

(5) Any person engaged in the business of manufacturing or customizing motor vehicles may display and offer limited demonstration but may not sell any motor vehicle at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue. If the permit is purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ~~ten-day~~ fifteen-day temporary permit. ~~However, if~~ If the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. This subdivision does not apply to any customized motorcycle being built for and displayed during a sponsored event where the participants had to qualify through competition. A permit is required if any customized motorcycle is being displayed outside the sponsored event. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation. "

On page 1, line 1, delete everything after "An Act to" and insert "revise certain provisions regarding permits for the sale of certain trailers, motorcycles, and other vehicles.".

On page 1, delete line 2.

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 HB 1078 and returns the same with the recommendation that said bill be amended as follows:

On page 10, line 9, of the printed bill, after "real estate," insert "realtor,".

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 HB 1067 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1025 and 1033 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 21, 46, and 65 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1002: A CONCURRENT RESOLUTION, Urging an external audit of the Indian Health Service by an act of Congress.

Rep. Haggar moved that HCR 1002 as found on page 95 and as amended on page 206 of the House Journal be adopted as amended.

The question being on Rep. Haggar's motion that HCR 1002 be adopted as amended.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Brunner; Campbell; 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; May; 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; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Bordeaux; Carson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted as amended.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1140 Introduced by: Representatives Turbiville, Ahlers, Brunner, Clark, Dennert, DiSanto, Frye-Mueller, Goodwin, Greenfield (Lana), and Rhoden and Senators Heinert, Bolin, Cronin, Ewing, Frerichs, Haverly, Maher, Partridge, and Soholt

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding contract carriers of railroad employees.

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

HB 1141 Introduced by: Representatives Lust, Bartling, Campbell, Conzet, Dennert, Duvall, Glanzer, Hawley, Holmes, Johns, Johnson, Kettwig, Lake, May, McPherson, Mickelson, Peterson (Kent), Reed, Rounds, Rozum, Schoenfish, Tieszen, and Turbiville and Senators Curd, Bolin, Peters, and Rusch

FOR AN ACT ENTITLED, An Act to provide for a legislative task force to consider certain legislation proposed to revise provisions regarding the initiative and referendum process in South Dakota.

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

HB 1142 Introduced by: Representatives Haggar, Duvall, and Turbiville and Senators Stalzer and Rusch

FOR AN ACT ENTITLED, An Act to revise the penalty for vehicular homicide.

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

HB 1143 Introduced by: Representatives DiSanto, Brunner, Frye-Mueller, Johnson, May, McCleerey, McPherson, Pischke, Rounds, Smith, and Soli and Senators Jensen (Phil), Langer, Soholt, Solano, Wiik, and Youngberg

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding underage prostitution.

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

HB 1144 Introduced by: Representatives Tieszen, Howard, Johns, Kaiser, Lust, Smith, and Soli and Senators Rusch, Kennedy, Partridge, Peters, Solano, and White

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding commercial driver license disqualification for refusing to submit to a chemical analysis.

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

HB 1145 Introduced by: Representatives Goodwin, Campbell, Dennert, DiSanto, Greenfield (Lana), Howard, Jamison, Jensen (Kevin), Johnson, Livermont, Marty, and Rounds and Senators Russell and Nelson

FOR AN ACT ENTITLED, An Act to define a no-go zone and create a procedure to manage no-go zones.

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

HB 1146 Introduced by: Representatives Brunner, Clark, and Rhoden and Senator Jensen (Phil)

FOR AN ACT ENTITLED, An Act to authorize parole for inmates that require extensive or chronic medical care.

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

HB 1147 Introduced by: Representatives Brunner, Jensen (Kevin), and Marty and Senators Stalzer, Ewing, and Jensen (Phil)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding concealed carry permits and to declare an emergency.

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

HB 1148 Introduced by: Representatives Ahlers, Hawley, McCleerey, and Rasmussen and Senators Killer, Frerichs, and Nesiba

FOR AN ACT ENTITLED, An Act to reinstate certain provisions of the South Dakota risk pool, to make an appropriation therefor, and to declare an emergency.

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

HB 1149 Introduced by: Representatives Ahlers, Duvall, Hawley, Jamison, Jensen (Kevin), Rasmussen, Ring, and Wismer and Senators Frerichs, Partridge, and Peters

FOR AN ACT ENTITLED, An Act to revise the tax on certain telecommunication services and devices.

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

HB 1150 Introduced by: Representatives Johnson, Goodwin, Gosch, Howard, Karr, McPherson, Peterson (Sue), Schaefer, and Schoenfish and Senators Haverly, Heinert, Peters, and Solano

FOR AN ACT ENTITLED, An Act to uprovide for the issuance of certain hunting licenses to nonresident military veterans at the resident rate.

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

HB 1151 Introduced by: Representatives Goodwin, Campbell, Dennert, and DiSanto and Senator Nelson

FOR AN ACT ENTITLED, An Act to repeal certain index factors regarding the taxation of real property.

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

HB 1152 Introduced by: Representatives Rozum, Bartling, Hawley, and Turbiville and Senators Peters, Frerichs, Klumb, and Nesiba

FOR AN ACT ENTITLED, An Act to establish a maximum rate of interest on debt arising out of medical services.

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

HB 1153 Introduced by: Representatives Gosch, Clark, Greenfield (Lana), Holmes, Howard, Jensen (Kevin), Kaiser, Karr, Lake, Latterell, Livermont, Marty, May, Pischke, Rasmussen, Rhoden, and Steinhauer and Senators Stalzer, Nelson, and Youngberg

FOR AN ACT ENTITLED, An Act to revise the signature requirements for initiated measures and referred laws.

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

HB 1154 Introduced by: Representatives Livermont, Gosch, Greenfield (Lana), Kaiser, Latterell, Lesmeister, Marty, and May and Senators Stalzer, Heinert, and Nelson

FOR AN ACT ENTITLED, An Act to allow certain persons with a felony conviction to apply for a concealed pistol permit.

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

HB 1155 Introduced by: Representatives Jensen (Kevin), Brunner, Dennert, Haggar, Kaiser, Marty, Smith, and Willadsen and Senators Nelson, Frerichs, and Stalzer

FOR AN ACT ENTITLED, An Act to revise the penalty for aggravated assault with the intent to disfigure the victim.

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

HB 1156 Introduced by: Representatives Qualm, Brunner, Clark, Dennert, Gosch, Haggar, and Rhoden and Senators Stalzer, Jensen (Phil), Klumb, and Maher

FOR AN ACT ENTITLED, An Act to allow a concealed pistol in the capitol with an enhanced concealed pistol permit.

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

HB 1157 Introduced by: Representatives Qualm and Haggar and Senator Greenfield (Brock)

FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory at South Dakota State University, to make an appropriation therefor, and to provide for the repayment thereof.

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

HB 1158 Introduced by: Representatives Bartling, Hawley, Lesmeister, McCleerey, Qualm, Ring, and Wismer and Senators Sutton, Frerichs, Heinert, Kennedy, Killer, and Nesiba

FOR AN ACT ENTITLED, An Act to revise the definition of fall enrollment for the purpose of calculating state aid to education payments to school districts.

Was read the first time and referred to the House Committee on Appropriations

HB 1159 Introduced by: Representatives Howard, Bartels, Conzet, Frye-Mueller, Hawley, Heinemann, Johnson, Kettwig, Rasmussen, Rozum, Schoenfish, Tieszen, and Wismer and Senators Monroe, Haverly, Partridge, and White

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of commercial breeding operations.

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

HB 1160 Introduced by: Representatives Howard, Ahlers, Bartels, Frye-Mueller, Gosch, Heinemann, Johnson, Karr, Pischke, Schoenfish, and Wismer and Senators Jensen (Phil), Haverly, Monroe, Partridge, Peters, and White

FOR AN ACT ENTITLED, An Act to recover the costs of care for animals seized by law enforcement.

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

HB 1161 Introduced by: Representatives Schoenfish, Holmes, Lesmeister, Rasmussen, and Tulson and Senators Youngberg and Jensen (Phil)

FOR AN ACT ENTITLED, An Act to repeal the requirement for certain township, municipal, and school district fiscal reports to be submitted to county auditors.

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

HB 1162 Introduced by: Representative Heinemann

FOR AN ACT ENTITLED, An Act to transfer the authority to add, delete, or reschedule controlled drugs and substances in Schedules I to IV, inclusive, from the Legislature to the Board of Pharmacy.

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

HB 1163 Introduced by: Representatives Frye-Mueller, Campbell, Clark, Goodwin, Marty, Pischke, and York and Senators Jensen (Phil), Nelson, and Russell

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the board of county commissioners.

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

HB 1164 Introduced by: Representatives Frye-Mueller, Brunner, Campbell, Clark, DiSanto, Goodwin, Howard, Johnson, Pischke, and Schaefer and Senators Nelson and Greenfield (Brock)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding violations of county and municipal ordinances.

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

HB 1165 Introduced by: Representatives Jamison, Ahlers, Reed, Ring, Smith, and Wismer and Senators Peters, Bolin, Langer, and Stalzer

FOR AN ACT ENTITLED, An Act to provide for annually updated financial interest statements for any person elected to federal, statewide, or local office.

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

HB 1166 Introduced by: Representatives Jamison, Ahlers, Beal, Goodwin, Greenfield (Lana), Haggar, Kettwig, Latterell, Marty, Otten (Herman), Peterson (Sue), Reed, Schoenfish, Smith, Tulson, Willadsen, and Wismer and Senators Langer, Bolin, and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding open records.

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

HB 1167 Introduced by: Representatives Jamison, Beal, Goodwin, Haggar, Marty, Peterson (Sue), and Willadsen and Senators Langer and Peters

FOR AN ACT ENTITLED, An Act to allow first class municipalities to post certain information on the internet in addition to or in lieu of certain publication requirements.

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

HB 1168 Introduced by: Representatives McCleerey, Ahlers, Bordeaux, Gosch, Jamison, Jensen (Kevin), Kaiser, Lesmeister, and Smith and Senators Frerichs, Greenfield (Brock), and Nesiba

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding nonresident waterfowl licenses.

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

HB 1169 Introduced by: Representatives Haggar, Heinemann, Latterell, Peterson (Kent), Qualm, and Rhoden and Senators Greenfield (Brock), Curd, Maher, and Novstrup

FOR AN ACT ENTITLED, An Act to repeal, revise, and enact certain standards and other provisions relating to managed health care plans if the federal Patient Protection and Affordable Care Act is repealed.

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

HB 1170 Introduced by: Representatives Mickelson, Haggar, Holmes, Johns, Lust, Peterson (Kent), Qualm, Rhoden, Ring, Schoenfish, Stevens, Tieszen, and Tulson and Senators Curd, Bolin, Cronin, Frerichs, Greenfield (Brock), Maher, Monroe, Otten (Ernie), Peters, Rusch, and Sutton

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding conflicts of interest for authority, board, or commission members.

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

HB 1171 Introduced by: Representatives Hawley, Ahlers, Bartling, Lust, Qualm, and Reed and Senators Frerichs, Heinert, Partridge, Peters, and Sutton

FOR AN ACT ENTITLED, An Act to make an appropriation to the postsecondary scholarship grant fund.

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

HB 1172 Introduced by: Representatives Hawley, Ahlers, Bartling, Kettwig, and Lust and Senators Cronin, Heinert, Partridge, Peters, and Sutton

FOR AN ACT ENTITLED, An Act to revise certain provisions to maintain funding for the building South Dakota fund.

Was read the first time and referred to the House Committee on Appropriations

HB 1173 Introduced by: Representatives Hawley, Ahlers, Bartling, Kettwig, Lust, and Qualm and Senators Sutton, Cronin, Heinert, and Peters

FOR AN ACT ENTITLED, An Act to revise the distribution of funds from the building South Dakota fund.

Was read the first time and referred to the House Committee on Appropriations

The Speaker declared that HB 1054 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions related to public grain warehouses and grain buyers.

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

SB 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state geologist.

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

SB 65: FOR AN ACT ENTITLED, An Act to establish the South Dakota Board of Technical Education and to revise certain provisions regarding career and technical education and postsecondary technical institutes.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Kaiser requested that SB 4 be removed from the Consent Calendar.

Which request was granted.

HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensure of physical therapists and physical therapist assistants.

Was read the second time.

The question being "Shall HB 1070 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Brunner; Campbell; 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; Lesmeister; Livermont; Lust; Marty; May; 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; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Latterell

Excused:
Bordeaux; Carson

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

HB 1031: FOR AN ACT ENTITLED, An Act to revise certain restrictions regarding division directors of the Department of Revenue.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bordeaux; Carson

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 1003: FOR AN ACT ENTITLED, An Act to allow nursing facilities to transfer or sell nursing bed capacity.

Was read the second time.

The question being "Shall HB 1003 pass?"

And the roll being called:

Yeas 16, Nays 53, Excused 1, Absent 0

Yeas:
Beal; Campbell; DiSanto; Goodwin; Haggar; Haugaard; Heinemann; Kaiser; Latterell; McCleerey; Mills; Peterson (Sue); Schaefer; Steinhauer; Tulson; Zikmund

Nays:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Brunner; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Hawley; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Livermont; Lust; Marty; May; McPherson; Otten (Herman); Peterson (Kent); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Stevens; Tieszen; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Excused:
Carson

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

HB 1027: FOR AN ACT ENTITLED, An Act to allow two-wheeled off-road vehicles that meet certain requirements to be registered and licensed.

Was read the second time.

The question being "Shall HB 1027 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; 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; May; 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; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Carson

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 the balance of the calendar including HB 1029, 1030, 1034, 1077, and 1094 and SB 14, 15, 17, 18, 1, 44, and 57 be deferred to Thursday, February 2, the 15^th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1020, 1028, 1041, 1047, 1048, and 1050 were delivered to his Excellency, the Governor, for his approval at 11:20 a.m., February 1, 2017.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1025, 1033, and 1049 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background checks for applicants, licensees, vendors, and employees of the South Dakota Lottery.

HB 1033: FOR AN ACT ENTITLED, An Act to authorize criminal background checks for certain executive branch employees and state contractors and subcontractors.

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment and to declare an emergency.

And signed the same in the presence of the House.

HC 1002 Introduced by: Representatives Rhoden, Bartling, Beal, Brunner, DiSanto, Goodwin, Haggar, Hawley, Howard, Latterell, Lesmeister, Lust, Mickelson, Peterson (Kent), Qualm, Tieszen, and Turbiville and Senators Cammack, Ewing, Haverly, Jensen (Phil), and Partridge

A LEGISLATIVE COMMEMORATION, Commending the South Dakota Army National Guard's 1^st Battalion, 196^th Regiment, Regional Training Institute (RTI) on training hundreds of officer candidates from South Dakota and soldiers across the nation.

WHEREAS, the South Dakota Army National Guard's 196^th RTI, located at Fort Meade, South Dakota, trains hundreds of soldiers from South Dakota and across the United States; and

WHEREAS, the 1^st Battalion, 196^th RTI is one of only two battalions in the United States to conduct all three phases of the Officer Candidate School (OCS); and

WHEREAS, all three phases of the accelerated OCS program are conducted annually for eight weeks during June and July; and

WHEREAS, in 1998, in a competition with California, Colorado, and Montana, the 1^st Battalion, 196^th RTI was awarded the honor of conducting a nationally accredited OCS program; and

WHEREAS, Army National Guard units from across the United States send their soldiers to South Dakota to be trained as commissioned Army National Guard officers; and

WHEREAS, the 196^th RTI is nationally recognized as an institute of excellence by the United States Army Training and Doctrine Command:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the South Dakota Legislature express respect, commendation, and congratulations to the South Dakota Army National Guard's 1^st Battalion, 196^th RTI for its excellence in training Army National Guard soldiers from across the United States and recognizes the 1^st Battalion, 196^th RTI for its outstanding service to the great State of South Dakota and the United States of America.

HC 1003 Introduced by: Representatives Mickelson, Beal, Chase, Dennert, DiSanto, Duvall, Haugaard, Holmes, Kaiser, Karr, Kettwig, Livermont, McPherson, Mills, Otten (Herman), Qualm, Reed, Rounds, Tulson, Turbiville, and York and Senators Stalzer, Bolin, Curd, Kennedy, Kolbeck, Langer, Maher, Monroe, Nelson, Partridge, Rusch, Russell, Soholt, and White

A LEGISLATIVE COMMEMORATION, Commending the South Dakota Air National Guard 114th Fighter Wing on being awarded the Distinguished Flying Unit Plaque and for its continued demonstration of support to the local community and the state.

WHEREAS, the South Dakota Air National Guard 114th Fighter Wing was presented the prestigious Distinguished Flying Unit Plaque award for the sixth time in 2016. This award is given to the top five most outstanding flying units in the Air National Guard each year; and

WHEREAS, the 114th Fighter Wing was also awarded the Air Force Outstanding Unit Award in 2016, marking the eighth time the 114th Fighter Wing has won this award for meritorious service; and

WHEREAS, the selection is based on overall combat readiness and the unit's performance with respect to all other Air National Guard flying units with flying safety, aircraft operation readiness, weapons firing, unit alerts, unit manning, skill level qualifications, retention, drill attendance, operational readiness inspections, outstanding accomplishments, and special missions all being factors in the evaluation and selection:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota Air National Guard 114th Fighter Wing for its sixth award of the Distinguished Flying Unit Plaque and its eighth Air Force Outstanding Unit Award and recognizes its outstanding service to the great state of South Dakota and the United States of America.

HC 1004 Introduced by: Representatives Hunhoff, Ahlers, Anderson, Bartels, Bartling, Beal, Bordeaux, Brunner, Campbell, Carson, Chase, Clark, Conzet, Dennert, DiSanto, Duvall, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haggar, Haugaard, Hawley, Heinemann, Holmes, Howard, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Latterell, Lesmeister, Livermont, Lust, Marty, May, McCleerey, McPherson, Mickelson, 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, and Zikmund and Senators Tidemann, Bolin, Cronin, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, White, Wiik, and Youngberg

A LEGISLATIVE COMMEMORATION, Honoring Raina Grimsley of Mitchell, South Dakota, Girls State Governor, and Max Hawkins of Renner, South Dakota, Boys State Governor, and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Girls State and Boys State programs.

WHEREAS, Raina Grimsley and Max Hawkins have been selected and are serving in these high offices and are outstanding young South Dakota leaders; and

WHEREAS, the goals of Boys State and Girls State are to help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship, and to give better knowledge of the fundamental principles of government within the State of South Dakota through unique learn-by-doing workshops; and

WHEREAS, The South Dakota American Legion and Auxiliary have worked diligently for more than the last seventy years in conducting these fine programs:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Raina Grimsley and Max Hawkins be congratulated for their outstanding achievement; that appreciation be extended to those adults donating time and energy to the program; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys and Girls State.

HC 1005 Introduced by: Representatives Rounds, Ahlers, Bartels, Bartling, Beal, Bordeaux, Brunner, Campbell, Chase, Clark, Conzet, Dennert, DiSanto, Duvall, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haggar, Haugaard, Hawley, Heinemann, Holmes, Howard, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Latterell, Lesmeister, Livermont, Lust, Marty, McCleerey, McPherson, Mickelson, Mills, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Rozum, Schaefer, Schoenfish, Smith, Soli, Steinhauer, Stevens, Tieszen, Tulson, Turbiville, Wiese, Willadsen, Wismer, and York and Senators Monroe, Bolin, Cronin, Frerichs, Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Kolbeck, Langer, Nelson, Nesiba, Otten (Ernie), Peters, Solano, Stalzer, and Sutton

A LEGISLATIVE COMMEMORATION, Commending the entire South Dakota Army National Guard on being awarded a first place gold finish in the 2016 Army Communities of Excellence Awards.

WHEREAS, the entire South Dakota Army National Guard was awarded with a first place gold finish in the 2016 Army Communities of Excellence Awards, an award that recognizes top performance within the United States Army, National Guard and Reserve installations, and communities regarding their approach to systems management; and

WHEREAS, the entire South Dakota Army National Guard placed second overall among thirty-six applicants in the Army National Guard category; and

WHEREAS, the South Dakota Army National Guard is the backbone of military readiness, and the state's national guard forces train in, deploy from, and return to their local sustaining communities; and

WHEREAS, the entire South Dakota Army National Guard continues to demonstrate continued support to their communities and the State of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature commends the entire South Dakota Army National Guard for its first place gold finish award in the 2016 Army Communities of Excellence and for its continued support to local communities and the State of South Dakota.

HC 1006 Introduced by: Representatives Chase, Beal, Dennert, DiSanto, Duvall, Glanzer, Haugaard, Holmes, Kaiser, Karr, Kettwig, Livermont, McPherson, Mills, Otten (Herman), Qualm, Reed, Rounds, Tulson, Turbiville, and York and Senators White, Bolin, Curd, Kennedy, Kolbeck, Langer, Maher, Monroe, Nelson, Partridge, Rusch, Russell, Soholt, and Stalzer

A LEGISLATIVE COMMEMORATION, Commending the South Dakota Army National Guard 153rd Engineer Battalion of Huron, South Dakota, for being awarded the Walter T. Kerwin Jr. Readiness Award and for its continued demonstration of support to the local community and the state.

WHEREAS, the Walter T. Kerwin Award recognizes the top performing Army National Guard and Reserve units in the United States; and

WHEREAS, the selection is based on achieving the highest standards in training and readiness, and the 153rd Engineer Battalion has an annual training record rating of excellent; and

WHEREAS, the 153rd Engineer Battalion has demonstrated excellence in operational planning, execution of training, and maintaining high readiness standards above all other Army National Guard units:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota Army National Guard 153rd Engineer Battalion for being awarded the Walter T. Kerwin Award. The 153rd Engineer Battalion is recognized for its outstanding service to the great state of South Dakota and the United States of America.

HC 1007 Introduced by: Representatives Campbell, Beal, Chase, Dennert, DiSanto, Duvall, Haugaard, Holmes, Howard, Johnson, Kaiser, Karr, Kettwig, Livermont, Lust, Marty, McPherson, Mills, Otten (Herman), Qualm, Reed, Rounds, Tulson, Turbiville, and York and Senators Partridge, Bolin, Curd, Kennedy, Kolbeck, Langer, Maher, Monroe, Nelson, Rusch, Russell, Soholt, Stalzer, and White

A LEGISLATIVE COMMEMORATION, Commending the South Dakota National Guard Company C, 1st Battalion, 189th Aviation Regiment of Rapid City, South Dakota, for being awarded the National Guard Association of the United States Certificate of Victory and for its continued demonstration of support to the local community and the state.

WHEREAS, the South Dakota National Guard Company C, 1st Battalion, 189th Aviation Regiment has earned the National Guard Association of the United States Certificate of Victory for weapons marksmanship in 2016; and

WHEREAS, the award is presented to the unit with excellence in annual qualification firing with assigned individual weapons; and

WHEREAS, the Certificate of Victory is awarded to the team attaining the highest figure of qualification in each state:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota National Guard Company C, 1st Battalion, 189th Aviation Regiment for receiving the Certificate of Victory for weapons marksmanship in 2016. Company C, 1st Battalion, 189th Aviation Regiment is recognized for its outstanding service to the great state of South Dakota and the United States of America.

HC 1008 Introduced by: Representatives Duvall, Brunner, Chase, Goodwin, Gosch, Jensen (Kevin), Kaiser, Kettwig, Lake, Lesmeister, Otten (Herman), Peterson (Kent), Rounds, and Tulson and Senators Monroe, Cammack, Cronin, Ewing, Rusch, Stalzer, and Tidemann

A LEGISLATIVE COMMEMORATION, Honoring the Pierre Junior Shooters BB Gun Team for winning the 2016 Daisy National BB Gun Championship.

WHEREAS, the Pierre Junior Shooters BB Gun Team participated in the 51st annual Daisy National BB Gun Championship Match in Rogers, Arkansas, on July 2-4, 2016; and

WHEREAS, the Pierre Junior Shooters BB Gun Team competed against fifty-eight other teams from around the United States and captured the national championship with a score of 2,374 points out of a possible 2,500 points; and

WHEREAS, this team was under the guidance of coaches Jonathan Hays and Sean Kruger; and

WHEREAS, the members of this team included Jessica Hays, Andrew Kliewer, Wyatt Rose, Nathan Schnabel, Alee Smith, and team alternates Vanya Kliewer and Austin Lesman; and

WHEREAS, the team members and coaches exhibited skill, consistency, determination, knowledge, team spirit, and sportsmanship throughout the season:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Pierre Junior Shooters BB Gun Team be honored and recognized for its excellent marksmanship and scores in winning the 51st annual Daisy National BB Gun Championship Match.

HC 1009 Introduced by: Representatives Lust, Beal, Chase, Dennert, DiSanto, Duvall, Haugaard, Holmes, Kaiser, Karr, Kettwig, Livermont, Mickelson, Mills, Otten (Herman), Qualm, Reed, Rounds, Tulson, Turbiville, and York and Senators Partridge, Bolin, Curd, Kennedy, Kolbeck, Langer, Maher, Monroe, Nelson, Rusch, Russell, Soholt, Stalzer, and White

A LEGISLATIVE COMMEMORATION, Commending the South Dakota National Guard 82nd Civil Support Team of Rapid City, South Dakota, on being awarded the General John J. Pershing Trophy and for its continued demonstration of support to the local community and the state.

WHEREAS, the South Dakota National Guard 82nd Civil Support Team was awarded the General John J. Pershing Trophy in 2016; and

WHEREAS, the General John J. Pershing Trophy is presented to the unit in each Army area attaining the highest figure of merit in the nation during annual weapons qualification firing with assigned individual weapons:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota National Guard 82nd Civil Support Team for receiving the General John J. Pershing Trophy and recognizes the team for its outstanding service to the great State of South Dakota and the United States of America.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:38 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk