House of Representatives Journal 3/2/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 2, 2017

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

The prayer was offered by the Chaplain, Rev. Peggy Stempson, followed by the Pledge of Allegiance led by House pages Gracie Jones and Kole Pickner.

Roll Call: All members present except Reps. Carson, Lake, Lust, McPherson, and Otten 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 thirty-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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 142 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Don Haggar, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill be amended as follows:

On page 4, line 17, of the Senate Judiciary Committee engrossed bill, delete everything after "Cannabidiol" and insert ".".

On page 4, delete line 18.

And that as so amended said bill do pass.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 130, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 10 of the Senate Agriculture and Natural Resources Committee engrossed bill, insert:

The Department of Game, Fish and Parks shall charge two dollars for issuing a park entrance, game, fish, or trapping license or snowmobile permit. The department shall charge four dollars for issuing a nonresident small game or nonresident big game license.".

On the Senate Agriculture and Natural Resources Committee engrossed bill, delete the previously adopted amendment (130fb).

On page 1, after line 10, insert:

Of the fees collected by the Department of Game, Fish and Parks pursuant to this section, one dollar for each resident game, fish, and trapping license and two dollars for each nonresident hunting license shall be deposited in the sportsmen's access and landowner depredation fund established pursuant to § 41-2-34.2 and shall be used for wildlife depredation and damage management programs and one dollar for each resident game, fish, and trapping license and two dollars for each nonresident hunting license shall be deposited in the animal damage control fund established pursuant to § 40-36-10. The department shall provide a report to the Legislature each year concerning the use of the money deposited in the funds pursuant to this section.".

On page 1, line 3, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "Parks" insert "to designate the use of certain funds received by the department, and to establish certain reporting requirements".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas Brunner, Vice Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 23 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mary Duvall, Chair

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration SB 147 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the Senate Health and Human Services Committee engrossed bill, delete "to increase transparency in the rate setting process".

On page 2, line 3, after ". " insert "Any information gathered will be public record.".

On page 2, line 5, delete "with" and insert "including".

On page 2, line 9, after "fashion" insert "subject to federal requirements".

On page 2, delete lines 11 and 12.

On page 2, line 13, delete everything before "The" .

On page 2, line 14, after "the" insert "Governor and to the".

On page 2, line 21, delete "homes" and insert "facilities".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration SB 92 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David L. Anderson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1053, 1100, 1107, and 1144 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1141, 1165, and 1183 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1074, 1082, and 1200 were lost for failure to be placed on the Senate calendar.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1130 was lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 6.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 43 and 172 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 4 Introduced by: Representatives 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; 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; Wiese; Willadsen; Wismer; York; Zikmund.

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Ninety-second Legislature of the State of South Dakota to Jaclyn Bludorn, Allie

Bradsky, Haley Carbajal, Lincoln Gibbs, Faith Houghtaling, Grace Jones, Matt LaFave, Kade Larson, Amanda Neff, Kole Pickner, Madison Sears.

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

WHEREAS, the members of the Ninety-second 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-second 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. Soli moved that House Page Resolution 4 be adopted.

Which motion prevailed and the resolution was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Qualm moved that the report of the Standing Committee on

Judiciary on SB 141 as found on page 587 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 43: FOR AN ACT ENTITLED, An Act to make an appropriation to expand intensive methamphetamine treatment services within the Department of Social Services and to declare an emergency.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SB 172: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory and infrastructure at South Dakota State University, to transfer certain funds, to make an appropriation, and to declare an emergency.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 98: FOR AN ACT ENTITLED, An Act to revise provisions regarding deadlines for municipal election recounts.

Was read the second time.

The question being "Shall SB 98 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, 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); Kaiser; Karr; Kettwig; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Mills; 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; Johns; Johnson; Lake; Lust; McPherson; Otten (Herman)

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 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the petition signature requirements for municipal elections.

Was read the second time.

The question being "Shall SB 99 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Carson; Johns; Johnson; Lake; Lust; McPherson; Otten (Herman)

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 116: FOR AN ACT ENTITLED, An Act to improve online access to information concerning state boards, commissions, and departments.

Was read the second time.

The question being "Shall SB 116 pass as amended?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Carson; Johns; Johnson; Lake; Lust; McPherson; Otten (Herman)

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 28: FOR AN ACT ENTITLED, An Act to revise the exceptions to presumptive probation.

Was read the second time.

The question being "Shall SB 28 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Carson; Johns; Johnson; Lake; Lust; McPherson; Otten (Herman)

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 29: FOR AN ACT ENTITLED, An Act to provide for the use of mobile breath alcohol testing in the 24/7 sobriety program.

Was read the second time.

The question being "Shall SB 29 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Carson; Johns; Johnson; Lake; Lust; McPherson; Otten (Herman)

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 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of consumers power district assets.

Was read the second time.

The question being "Shall SB 60 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Carson; Johns; Johnson; Lake; Lust; McPherson; Otten (Herman)

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 SENATE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that SB 149 be placed to precede SB 78 on today's calendar.

Which motion prevailed.

SB 149: FOR AN ACT ENTITLED, An Act to provide certain protections to faith-based or religious child-placement agencies.

Was read the second time.

Rep. Johns moved that SB 149 be amended as follows:

On page 3, line 6 of the Senate engrossed bill, after "agency" insert "that shall be contained in a written policy, statement of faith, or other document adhered to by a child-placement agency".

On page 3, between lines 6 and 7, insert:

If a child-placement agency declines to provide any services, the child-placement agency shall provide in writing information advising the applicant of the Department of Social Services website and a list of licensed child-placement agencies with contact information.".

On page 3, line 11, delete "a" and insert "the agency's written".

On page 4, line 1, after "agency's" insert "written".

On page 6, after line 3, insert:

" Section 15. That chapter 26-6 be amended by adding a NEW SECTION to read:

If a child-placement agency declines to provide any services under section 3 of this Act, the child-placement agency's decision does not limit the ability of another child-placement agency to provide those services and shall not be a factor in determining whether a placement in connection with the service is in the best interest of the child.".

Which motion prevailed.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 43, Nays 20, Excused 7, Absent 0

Yeas:
Anderson; Bartels; Beal; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Kaiser; Latterell; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Schaefer; Steinhauer; Tulson; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Chase; Hawley; Hunhoff; Karr; Kettwig; Lesmeister; McCleerey; Peterson (Kent); Reed; Ring; Rozum; Schoenfish; Smith; Soli; Stevens; Turbiville; Wismer

Excused:
Carson; Johnson; Lake; Lust; McPherson; Otten (Herman); Tieszen

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 SB 78, 80, 117, 124, 88, 104, and 125 be deferred to Monday, March 6, the 33^rd legislative day.

Which motion prevailed.

HC 1026 Introduced by: Representatives Glanzer, Ahlers, Anderson, Bartels, Beal, Bordeaux, Brunner, Campbell, Chase, Clark, Conzet, Dennert, DiSanto, Duvall, Frye-Mueller, 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, 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, Wiese, Willadsen, Wismer, York, and Zikmund and Senators White, Bolin, Frerichs, Klumb, Kolbeck, Partridge, Soholt, Stalzer, and Wiik

A LEGISLATIVE COMMEMORATION, Honoring Laura Ingalls Wilder's 150th birthday and the celebration of this milestone in De Smet, South Dakota.

WHEREAS, on February 7, l867, Laura Ingalls Wilder was born in the big woods of Pepin, Wisconsin, where she lived with her father and mother, Charles and Caroline Ingalls, and
older sister Mary; and

WHEREAS, between the years of 1869 to 1879, the Charles and Caroline Ingalls' family traveled westward in search of free land and new opportunities before settling in Kingsbury County, Dakota Territory. It was in De Smet that Laura spent the remainder of her childhood; and

WHEREAS, in 1932, she published Little House in the Big Woods, the first of her Little
House books. Later, Laura contributed eight more books to her Little House series, including
five about her life in South Dakota; and

WHEREAS, in 1957, the Laura Ingalls Wilder Memorial Society was formed in honor of
the famous children's author, Laura Ingalls Wilder, who lived in De Smet, South Dakota, from
1879 until roughly 1894; and

WHEREAS, on February 7, 2017, the Laura Ingalls Wilder Memorial Society celebrated Laura's 150th birthday and gave thanks to those who have helped keep Laura's legacy alive; and

WHEREAS, on July 14 and 15, 2017, De Smet will be celebrating the 150-year legacy of
Laura Ingalls Wilder with special guests Allison Arngrim and Dean Butler from The Little House on the Prairie television show, William Anderson, author and Wilder historian, and Judy
Thompson, illustrator for Pioneer Girl:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature recognizes Laura Ingalls Wilder's l50th birthday
and the celebration of this milestone in De Smet, South Dakota.

HC 1027 Introduced by: Representatives Peterson (Sue), Latterell, and Otten (Herman) and Senator Otten (Ernie)

A LEGISLATIVE COMMEMORATION, Congratulating and recognizing Coach Luke Vander Leest of Sioux Falls Christian High School, Sioux Falls, South Dakota, as the 2016 U.S. Track and Field and Cross Country Coaches Association (USTFCCCA) Coach of the Year for Boys High School Cross Country across all classes in the state of South Dakota.

WHEREAS, Coach Vander Leest was recognized in 2016 for coaching the South Dakota Boys Track and Field state record-breaking medley relay team; and

WHEREAS, Coach Vander Leest also coached the 2016 Boys Cross Country State Championship Team; and

WHEREAS, Coach Vander Leest has exhibited leadership and dedication in his sport and has shown incredible effort and dedication in keeping his team strong and focused; and

WHEREAS, Coach Vander Leest's genuine love and concern for each member of his team gives evidence to his character and integrity:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature commends and honors Coach Luke Vander Leest
for his 2016 USTFCCCA South Dakota Boys High School Cross Country Coach of the Year award.

HC 1028 Introduced by: Representatives Peterson (Sue), Holmes, and Zikmund and Senator Soholt

A LEGISLATIVE COMMEMORATION, Recognizing Bob Garry for his personal achievements and congratulating him on his induction as part of the 2015 class of the University of Sioux Falls Athletics Hall of Fame.

WHEREAS, Bob Garry was a track and football standout for the Cougars from 1969-72 and later became an accomplished coach and administrator at the high school level in South Dakota; and

WHEREAS, Bob Garry was a three-time All-Tri-State Conference football standout and finished his career with fourteen interceptions, ranking seventh all-time at USF; and

WHEREAS, Bob Garry, originally from Garretson, South Dakota, was a USF team captain and named the team MVP in 1970, 1971, and 1972, and in 1971-72, he was named to the All District 12 NAIA Football Team; and

WHEREAS, Mr. Garry, who earned a B.A. in history education in 1973 from USF, was a teacher and coach at Miller High School (1973-77), Lennox High School (1977-85), Sioux Falls Lincoln High School (1985-2007), and Sioux Falls Christian (2007-present). In 1982, he directed Lennox High School to the Class A Football State Championship, earning Coach of the Year honors from the South Dakota High School Athletic Association (SDHSAA); and

WHEREAS, in 2007, Garry directed the Sioux Falls Christian girls to the Class A Track and Field Championship, earning SDHSAA Coach of the Year honors:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Bob Garry be recognized for his induction to the University of Sioux Falls Athletics Hall of Fame.

HC 1029 Introduced by: Representatives Glanzer and Chase and Senator White

A LEGISLATIVE COMMEMORATION, Honoring the James Valley Christian High School Boys Cross Country Team for its outstanding performance.

WHEREAS, the James Valley Christian High School Boys Cross Country Team won the 2016 South Dakota Class B State Cross Country Championship; and

WHEREAS, the James Valley Christian High School team fielded five athletes with two alternates and earned the combined winning score of 23 points; and

WHEREAS, the James Valley Christian High School team took the championship over nineteen other teams in the competition; and

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature commends the James Valley Christian High School Boys Cross Country Team on a great season.

HC 1030 Introduced by: Representatives Rounds, Bartling, Duvall, Hawley, Mickelson, Peterson (Kent), and Qualm and Senators Monroe, Curd, Greenfield (Brock), Heinert, Maher, and Sutton

A LEGISLATIVE COMMEMORATION, Honoring and commending the South Dakota Department of Tourism staff and its professional advertising and media production partners for their award winning efforts to promote the state's travel and tourism industry.

WHEREAS, the travel and tourism industry represents nine and one half percent of jobs in the state and generates significant contributions to both the state gross domestic product and state and local tax revenue; and

WHEREAS, the Department of Tourism and its partner Lawrence & Schiller won the prestigious National Mercury Award for Best Print Advertising Piece in both 2014 and 2016 from the U.S. Travel Association among competitors from tourism offices in all fifty states, and the department received a Bronze Telly Award for its work with Brand USA and Miles Marketing Destinations on a video featuring Custer State Park; and

WHEREAS, the Hospitality Sales & Marketing Association International awarded the South Dakota Department of Tourism and its partner MMGY Global multiple 2016 Adrian Awards, including a Silver Award for the social media campaign "My Great Place" and two Gold Awards for the printed pieces "My Great Place" and the "The State Where the Buffalo Roam":

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature hereby does honor and commend the South Dakota Department of Tourism staff and others involved for their efforts and offers its congratulations for receiving these distinguished awards.

HC 1031 Introduced by: Representatives Peterson (Sue), Dennert, Kaiser, Rasmussen, and Ring and Senators Novstrup and Rusch

A LEGISLATIVE COMMEMORATION, Congratulating and commending Teagan NcNary, of Vermillion, South Dakota, and Josh Anderson, of Aberdeen, South Dakota, on their election as the incoming University of South Dakota Student Government Association president and vice president.

WHEREAS, on March 1, 2017, University of South Dakota students elected Teagan McNary as their incoming Student Government Association (SGA) president and Josh Anderson as vice president; and

WHEREAS, the SGA strives to enhance communication, cooperation, and understanding throughout the University of South Dakota; serves as a liaison between students, administration, faculty, and the South Dakota Board of Regents; allocates money to student organizations each year to provide cultural, recreational, educational, and social opportunities outside of the classroom; and works with university faculty, administration, and students to address important campus issues; and

WHEREAS, Teagan McNary, of Vermillion, South Dakota, is a junior political science major at USD and has been a member of the SGA for three years, and McNary is currently serving as an intern for the Democratic Party in the South Dakota State Legislature House of Representatives; and

WHEREAS, Josh Anderson, of Aberdeen, South Dakota, is a sophomore business administration and political science major at USD and is involved as a current SGA member and as the internal vice president of the Interfraternity Council:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature commends and congratulates Teagan McNary and Josh Anderson on their election to lead the University of South Dakota Student Government Association.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:17 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk