JOURNAL OF THE HOUSE

NINETY-THIRD SESSION



EIGHTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 6, 2018

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

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Emily Foiles and Miriam Knoble.

    Roll Call: All members present except Reps. McPherson and Soli 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 seventeenth 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.
COMMUNICATIONS AND PETITIONS

February 5, 2018

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 5, 2018, I approved House Bills 1003, 1006, 1011, 1013, 1015, 1019, 1020, 1021, 1030, 1035, 1037, 1040, 1041, 1046, 1047, 1048, 1049, 1068, and 1069, 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 Education respectfully reports that it has had under consideration
HB 1120, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

        The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1250 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

        The Committee on Taxation respectfully reports that it has had under consideration
HB 1206 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

        The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1219 and SB 25 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

        The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1225 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

        The Committee on Local Government respectfully reports that it has had under consideration HB 1147 and 1154 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

        The Committee on Local Government respectfully reports that it has had under consideration HB 1167 and 1180 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Kristin A. Conzet, Chair

Also MR. SPEAKER:

        The Committee on Transportation respectfully reports that it has had under consideration HB 1158 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 HB 1184 and returns the same with the recommendation that said bill be amended as follows:

1184aa

    On page 1, line 6, of the printed bill, delete "." and insert "insofar as they may be applicable thereto. The board of county commissioners may authorize and regulate such use at their discretion.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

        The Committee on Transportation respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill be amended as follows:

1173fa

    On page 1, line 9, of the printed bill, delete "remains in effect" and insert "may be renewed annually".

    And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mary Duvall, Chair

Also MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1014, 1026, 1038, 1039, 1063, 1080, 1102, and 1105 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

        I have the honor to return herewith HB 1014, 1026, 1038, 1039, 1063, 1080, 1102, and 1105 which have passed the Senate without change.

Also MR. SPEAKER:

        I have the honor to transmit herewith SB 50, 51, 53, 54, 96, 137, 141, 146, and 154 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

        I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 49.

Also MR. SPEAKER:

        I have the honor to return herewith HCR 1006 in which the Senate has concurred.

Also MR. SPEAKER:

        I have the honor to transmit herewith SCR 14 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    SCR 11: A CONCURRENT RESOLUTION, Expressing support for access to patient-centered and family focused advance care planning.

    Was read the second time.

    Rep. Hunhoff moved that SCR 11 as found on page 319 of the Senate Journal be concurred in.

    The question being on Rep. Hunhoff's motion that SCR 11 be concurred in.

    And the roll being called:

    Yeas 55, Nays 13, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Lust; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Pischke; Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Brunner; Campbell; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Howard; Kaiser; Latterell; Livermont; Marty; Peterson (Sue); Rasmussen

    Excused:
McPherson; Soli

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 11 was concurred in.

    Rep. Qualm moved that SCR 12 be referred to the Committee on Transportation.

    Which motion prevailed.

    SCR 14: A CONCURRENT RESOLUTION, Encouraging Congress and the Federal Motor Carrier Safety Administration to overturn the rules regarding electronic logging devices.

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

    Rep. Clark moved that the Committee on Judiciary be instructed to deliver HB 1073 to the floor of the House, pursuant to Joint Rule 7-7.

    Which motion was not supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on HB 1126 as found on page 327 of the House Journal; also

    Judiciary on HB 1244 was found on page 327 of the House Journal; also

    Education on HB 1215 as found on page 328 of the House Journal; also

    Commerce and Energy on HB 1236 as found on page 329 of the House Journal be adopted.

    Which motion prevailed.

    Rep. Sue Peterson moved that HB 1120 be placed on the calendar of Wednesday,
February 7, 2018, the 19th legislative day, pursuant to Joint Rule 6F-6.

    The question being on Rep. Sue Peterson's motion that HB 1120 be placed on the calendar of Wednesday, February 7, 2018, the 19th legislative day, pursuant to Joint Rule 6F-6.

    And the roll being called:

    Yeas 38, Nays 30, Excused 2, Absent 0

    Yeas:
Ahlers; Bartling; Beal; Bordeaux; Brunner; Campbell; Clark; Dennert; Diedrich; DiSanto; Frye-Mueller; Goodwin; Gosch; Haugaard; Heinemann; Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Schaefer; Steinhauer; Wiese; Willadsen; Zikmund

    Nays:
Anderson; Bartels; Barthel; Carson; Chase; Conzet; Duvall; Glanzer; Greenfield (Lana); Hawley; Holmes; Hunhoff; Johns; Kettwig; Lake; Lust; McCleerey; Otten (Herman); Peterson (Kent); Reed; Ring; Rozum; Schoenfish; Smith; Stevens; Tulson; Turbiville; Wismer; York; Speaker Mickelson

    Excused:
McPherson; Soli

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1120 was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 50: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the American Indian Student Center at South Dakota State University and to make an appropriation therefor.

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

    SB 51: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of an athletic support facility at South Dakota State University and to make an appropriation therefor.


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

    SB 53: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell existing real property in Pennington County and to acquire real property in Pennington County for the use and benefit of the South Dakota State University West River Agriculture Center.

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

    SB 54: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses 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 96: FOR AN ACT ENTITLED, An Act to designate chislic as the official nosh of the State of South Dakota.

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

    SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the minimum hunting age.

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

    SB 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding pharmacy benefits management.

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

    SB 146: FOR AN ACT ENTITLED, An Act to exempt off-road vehicle dealers from certain special event permit fees.

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

    SB 154: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills.

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


SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions related to cooperatives.

    Was read the second time.

    The question being “Shall HB 1136 pass?”

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

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

    Excused:
McPherson; Soli

    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 1249: FOR AN ACT ENTITLED, An Act to authorize the training of tribal law officers at the Law Enforcement Training Center.

    Was read the second time.

    The question being “Shall HB 1249 pass?”

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

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

    Excused:
McPherson; Soli

    So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Rep. Steinhauer requested a fiscal note on HB 1250.

    Which request was supported.

    Rep. Qualm moved that HB 1140 be deferred to Monday, February 12, 2018, the
21st legislative day.

    Which motion prevailed.

    HB 1165: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for a pilot charter school for Native American students if the state had received a federal grant.

    Was read the second time.

    The question being “Shall HB 1165 pass?”

    And the roll being called:

    Yeas 44, Nays 24, Excused 2, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Bartling; Beal; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; Duvall; Glanzer; Greenfield (Lana); Haugaard; Heinemann; Holmes; Hunhoff; Jamison; Johns; Johnson; Karr; Kettwig; Lake; Lust; Mills; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Speaker Mickelson


    Nays:
Ahlers; Bordeaux; Campbell; DiSanto; Frye-Mueller; Goodwin; Gosch; Hawley; Howard; Jensen (Kevin); Kaiser; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Peterson (Sue); Pischke; Rasmussen; Ring; Smith; Wismer; Zikmund

    Excused:
McPherson; Soli

    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 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding meetings of certain public bodies.

    Was read the second time.

    The question being “Shall HB 1172 pass as amended?”

    And the roll being called:

    Yeas 60, Nays 8, Excused 2, Absent 0

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

    Nays:
Glanzer; Johns; Reed; Rozum; Schoenfish; Stevens; Turbiville; Willadsen

    Excused:
McPherson; Soli

    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 1176: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance disclosure reports.

    Was read the second time.

    The question being “Shall HB 1176 pass as amended?”


    And the roll being called:

    Yeas 63, Nays 5, Excused 2, Absent 0

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

    Nays:
Gosch; McCleerey; Pischke; Rounds; Wismer

    Excused:
McPherson; Soli

    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 1177, 1196, 1139, 1286, 1254, and 1221 and SB 31, 47, and 74 be deferred to Wednesday, February 7, 2018, the
19th legislative day.

    Which motion prevailed.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:25 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk