House of Representatives Journal 2/6/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 6, 2017

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

The prayer was offered by the Chaplain, Pastor Bishop Joseph, followed by the Pledge of Allegiance led by House pages Christopher Irsfeld and Alexis Willems.

Roll Call: All members present except Reps. Carson and Greenfield 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 sixteenth 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 Speaker Mickelson to the following named pages:

Jessica Darnall, Bailey DeJong, Kailey Feiner, Katie Hauser, Christopher Irsfeld, Joslyn Jessop, Abby Jiang, Veronica Kinkler, Shikhar Kumar, Ross Oyler, Olivia Rasmussen, Rebekah Ruby, Marisa Smith, Alexis Willems.

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

COMMUNICATIONS AND PETITIONS

February 3, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 2, 2017, I approved House Bill 1069 and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

February 3, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 3, 2017, I approved House Bills 1020, 1028, 1041, 1047, 1048, and 1050, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1147 and 1156 and HJR 1002 and returns the same with the recommendation that said bills and resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, after "." insert "A person's membership in or employment by an organization that employs or compensates a lobbyist does not qualify such person as a principal unless the person serves on the board or as an officer of the organization.".

On page 3, line 1, of the printed bill, delete "or".

On page 3, line 4, after "group" insert "; or

(8) Any scholarship, prize, or financial support awarded or supported by a principal for a program related to education, and widely available and generally awarded to qualifying members of the public, the majority of whom are not comprised of public officials or the immediate family of public officials".

On page 3, line 4, of the printed bill, before "." insert "or to other members who also serve as officers or directors of that group".

On page 1, line 8, of the printed bill, after "person or organization" insert "as defined in § 12-27-1".

On page 2, line 4, after "office" insert "as defined in § 12-27-1".

On page 2, line 14, delete "campaign" and insert "political".

On page 2, line 21, of the printed bill, after "consumption" insert "under seventy-five dollars per meal".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1193 which was tabled.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1083, 1101, 1118, and 1144 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 1103 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Stevens, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1120 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1122 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 Education respectfully reports that it has had under consideration HB 1123 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Timothy R. Johns, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1009, 1011, 1022, and 1039 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1002 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 88, 102, 103, and 125 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1091 as found on page 288 of the House Journal; also

State Affairs on HB 1127 as found on page 288 of the House Journal; also

Commerce and Energy on HB 1045 as found on page 289 of the House Journal; also

Commerce and Energy on HB 1060 as found on page 289 of the House Journal; also

Judiciary on HB 1096 as found on page 290 of the House Journal; also

Judiciary on HB 1100 as found on page 291 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 88: FOR AN ACT ENTITLED, An Act to revise the definition of an electric transmission facility.

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

SB 102: FOR AN ACT ENTITLED, An Act to require that the name and telephone number of an organization fighting to end sex trafficking be given, in writing, to any woman seeking an abortion.

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

SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the process for truancy citations and formal petitions.

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

SB 125: FOR AN ACT ENTITLED, An Act to revise the list of organizations that may approve and accredit a nonpublic school.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Goodwin requested that HB 1044 be removed from the Consent Calendar.

Which request was granted.

HB 1084: FOR AN ACT ENTITLED, An Act to allow chiropractic corporations operated as sole proprietorships to be operated for a certain time after the death of the chiropractor.

Was read the second time.

The question being "Shall HB 1084 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; 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; Greenfield (Lana); Lake

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 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the need for a driver license or permit to operate certain motor vehicles.

Was read the second time.

The question being "Shall HB 1055 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Carson; Greenfield (Lana); Lake

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 26: FOR AN ACT ENTITLED, An Act to revise the state automated victim notification system.

Was read the second time.

The question being "Shall SB 26 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Carson; Greenfield (Lana); Lake

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 1077: FOR AN ACT ENTITLED, An Act to provide for the assignment of certain benefits in dental care insurance coverage.

Was read the second time.

Rep. Heinemann moved that HB 1077 be amended as follows:

On page 1 of the printed bill, delete lines 5 to 11, inclusive, and insert:

" Any insurer that provides dental care insurance to a person shall honor an assignment, made in writing by the person insured under the policy, of payments due under the policy to a dentist or a dental corporation for dental care services provided to the person that is insured under the policy. Upon notice of the assignment, the insurer shall make payments directly to the dentist or dental corporation providing the dental care services. A dentist or dental corporation with a valid assignment may bill the insurer and notify the insurer of the assignment. Upon request of the insurer, the dentist or dental corporation shall provide a copy of the assignment to the insurer.".

On page 1, line 13, delete "covered".

On page 2, line 1, delete "provider" and insert "dentist or dental corporation" and delete "covered".

On page 2, delete line 2, and insert "provide notice of the revocation to the insurer. The insurer shall send a copy of the revocation".

On page 2, line 4, delete "carrier" and insert "insurer" and delete "provider" and insert "dentist or dental corporation".

On page 2, line 9, delete "covered" and delete "carrier" and insert "insurer".

On page 2, line 10, delete "covered".

On page 2, delete line 13, and insert "Nothing in this Act limits an insurer's ability to determine the scope of the insurer's benefits,".

On page 2, line 14, delete "carrier's" and insert "insurer's".

On page 2, after line 15, insert:

" The provisions of this Act apply only to any policy of insurance insuring dental care services.

Section 5. That chapter 58-39 be amended by adding a NEW SECTION to read:

Notwithstanding the provisions of § 58-39-16, the provisions of this Act apply to any dental service corporation organized under chapter 58-39.".

Which motion prevailed.

The question being "Shall HB 1077 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

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

Nays:
Rounds; Willadsen

Excused:
Carson; Greenfield (Lana); Lake

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 1094: FOR AN ACT ENTITLED, An Act to provide for the transfer of certain landowner hunting licenses.

Was read the second time.

Rep. Dennert moved that HB 1094 be amended as follows:

On page 1, line 7, of the printed bill, delete everything after "transferred," and insert "without payment to any".

Rep. Lesmeister moved that HB 1094 be amended as follows:

On page 1, line 10, of the printed bill, delete "or leased".

Rep. Pischke moved as a substitute motion that HB 1094 be amended as follows:

On page 1, line 5, of the printed bill, before "deer" insert "antlerless".

On page 1, line 6, before "deer" insert "antlerless" and delete "older" and insert "younger".

Which motion lost.

Rep. Lesmeister's motion lost.

The question being "Shall HB 1094 pass?"

And the roll being called:

Yeas 16, Nays 52, Excused 2, Absent 0

Yeas:
Bartling; Bordeaux; Brunner; Campbell; DiSanto; Haggar; Latterell; Lesmeister; Livermont; Marty; May; Peterson (Sue); Qualm; Rasmussen; Rhoden; Wiese

Nays:
Ahlers; Anderson; Bartels; Beal; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Lust; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Pischke; Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Carson; Greenfield (Lana)

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

HB 1071: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before any high level nuclear waste may be processed or deposited within state boundaries.

Was read the second time.

Rep. Qualm moved that HB 1071 be deferred to Tuesday, February 7, the 18^th legislative day.

Which motion prevailed.

HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions related to construction managers on certain public improvement projects.

Was read the second time.

The question being "Shall HB 1112 pass?"

And the roll being called:

Yeas 44, Nays 23, Excused 3, Absent 0

Yeas:
Ahlers; Bordeaux; Brunner; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Haggar; Haugaard; Hawley; Heinemann; Jamison; Jensen (Kevin); Karr; Lake; Latterell; Lesmeister; Lust; Marty; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Ring; Schaefer; Smith; Soli; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Anderson; Bartels; Bartling; Beal; Campbell; Glanzer; Goodwin; Gosch; Holmes; Howard; Hunhoff; Johns; Johnson; Kaiser; Kettwig; Livermont; May; Rhoden; Rounds; Rozum; Schoenfish; Stevens; Tieszen

Excused:
Carson; DiSanto; Greenfield (Lana)

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 1065: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the liability of persons for certain business debts.

Was read the second time.

Rep. Qualm moved that HB 1065 be deferred to Wednesday, February 8, the 19^th legislative day.

Which motion prevailed.

HB 1080: FOR AN ACT ENTITLED, An Act to adopt the Uniform Fiduciary Access to Digital Assets Act.

Was read the second time.

The question being "Shall HB 1080 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; 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; DiSanto; Greenfield (Lana)

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 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding consent for correspondence through electronic mail by enrolled customers of portable electronics.

Was read the second time.

The question being "Shall HB 1061 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Carson; DiSanto; Greenfield (Lana)

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 1052, 1068, 1081, 1066, 1078, 1097, 1088, 1095, 1023, 1062, and 1136 and SB 14, 15, 17, 18, 1, 44, 49, and 48 be deferred to Tuesday, February 7, the 18^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 the Office of Engrossing and Enrolling has carefully compared HB 1009, 1011, 1022, and 1039 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1009: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept a donation of land from Pennington County for the use and benefit of the South Dakota School of Mines and Technology.

HB 1011: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certification of financial good standing of utilities.

HB 1022: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating to education service agencies.

HB 1039: FOR AN ACT ENTITLED, An Act to authorize certain rule making authority for the State Board of Finance.

SB 4: FOR AN ACT ENTITLED, An Act to require the Board of Pharmacy to report to the Legislature regarding monitoring and use of opioids in the state.

SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding high school equivalency testing.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain administrative and advisory functions of the State Library and the State Library Board.

SB 57: FOR AN ACT ENTITLED, An Act to authorize the operation of a nursing home facility in Eagle Butte, South Dakota, and to declare an emergency.

And signed the same in the presence of the House.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 4:07 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk