JOURNAL OF THE HOUSE

NINETY-THIRD SESSION



TWENTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 8, 2018

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

    The prayer was offered by Rep. Steven G. Haugaard, followed by the Pledge of Allegiance led by House pages Haley Ringkob and Kassandra Tronvold.

    Roll Call: All members present except Reps. Anderson, Barthel, Bordeaux, Brunner, Campbell, Conzet, Frye-Mueller, Greenfield (Lana), Heinemann, Holmes, Howard, Jamison, Jensen (Kevin), Kaiser, Kettwig, Marty, McCleerey, McPherson, Otten (Herman), Pischke, Reed, Ring, Rozum, Schoenfish, Smith, Soli, Stevens, Tulson, Turbiville, Wismer, and York 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 nineteenth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Herman Otten, Chair


Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1171 and 1262 which were tabled.

Respectfully submitted,
David L. Anderson, Co-Chair


Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 58 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1268 and 1305 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 1227 and HJR 1010 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1166 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1231, 1314, and 1318 which were tabled.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1232 which was deferred to the 41st Legislative Day.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 141 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 Health and Human Services respectfully reports that it has had under consideration HCR 1007 and returns the same with the recommendation that said resolution not be adopted.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1241 and returns the same with the recommendation that said bill be amended as follows:

1241fc

    On page 1, line 6, of the printed bill, after "electric" insert "motor".

    On page 1, line 7, before "hybrid" delete "a" and insert "an electric".

    On page 1, line 8, after "." insert "However, the license fee imposed by this section does not apply to any motorcycle propelled by an electric motor if the license fee is paid pursuant to § 32-5-9.".

    On page 1, line 13, after "electric" insert "motor".

    On page 2, delete lines 2 to 8, inclusive, and insert:

    "For the purposes of this section, the term, electric hybrid vehicle, means a motor vehicle with an electric hybrid propulsion system that operates on both electricity and a motor fuel as defined by § 10-47B-3, and that may be legally operated on the interstate highways in this state and eligible for registration pursuant to the laws of this state. The electric hybrid vehicle shall have been made by a manufacturer primarily for use on public streets, roads, and highways and meets National Highway Traffic Safety Administration standards included in 49 C.F.R. § 571 as of January 1, 2018.".


1241fta

    On page 1, line 2, of the printed bill, before "hybrid" insert "electric".

    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 1151 and 1152 which were deferred to the 41st Legislative Day.

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 1018, 1023, 1043, 1060, 1061, 1062, 1065, 1071, and 1115 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 1018, 1023, 1043, 1060, 1061, 1062, 1065, 1071, and 1115 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 112, 117, 144, 153, and 209 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Lesmeister moved that HCR 1010 be deferred to Monday, February 12, 2018, the
21st legislative day.

    Which motion prevailed.

    Rep. Qualm moved that SCR 7 be deferred to Monday, February 12, 2018, the
21st legislative day.

    Which motion prevailed.

    Rep. Qualm moved that HB 1286 be placed to follow HB 1252 on today's calendar.

    Which motion prevailed.

ANNOUNCEMENTS

    The Speaker declared that HB 1272 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on HB 1304 as found on page 364 of the House Journal; also

    State Affairs on HB 1201 as found on page 364 of the House Journal; also

    Education on HB 1155 as found on page 365 of the House Journal; also

    Commerce and Energy on HB 1146 as found on page 366 of the House Journal; also

    Judiciary on HB 1269 as found on page 374 of the House Journal; also

    Judiciary on HB 1278 as found on page 375 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 112: FOR AN ACT ENTITLED, An Act to repeal certain provisions requiring the attorney general to obtain the consent of the Governor prior to commencing an investigation.

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

    SB 117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the partners in education tax credit program.

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

    SB 144: FOR AN ACT ENTITLED, An Act to revise certain provisions related to party affiliation on voter registration cards.

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

    SB 153: FOR AN ACT ENTITLED, An Act to require disclosure of certain fees being imposed by overnight lodging accommodations.

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

    SB 209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Nutrient Research and Education Council.

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

    Rep. Qualm moved that the balance of the calendar including consent calendar items
HB 1173 and 1185, and second reading of House and Senate bills including HB1139, 1184, 1282, 1199, 1216, 1277, 1230, 1252, and 1286 and SB 31, 47, 74, 25, 50, 51, 53, and 54 be deferred to Monday, February 12, 2018, the 21st legislative day.

    Which motion prevailed.

COMMEMORATIONS

    HC 1014 Introduced by: Representatives Duvall, Brunner, Campbell, Chase, Goodwin, Jensen (Kevin), Kaiser, Kettwig, Lesmeister, Livermont, Marty, Mills, Otten (Herman), Rhoden, Rounds, and Willadsen and Senators Monroe, Bolin, Ewing, Kennedy, Klumb, Rusch, Stalzer, Tidemann, White, Wiik, and Youngberg

        A LEGISLATIVE COMMEMORATION, Honoring the Pierre Junior Shooters' BB Gun Team for winning the 2017 Daisy National BB Gun Championship.

    WHEREAS, the Pierre Junior Shooters' BB Gun Team participated in the 52nd Annual Daisy National BB Gun Championship in Rogers, Arkansas, on June 30 - July 3, 2017; and

    WHEREAS, the Pierre Junior Shooters' BB Gun Team competed against seventy-one other teams from around the United States and captured the National Championship with a score of 2383 out of a possible 2500 points; and

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

    WHEREAS, members of this team included Justin Merriman, Jenna Kruger, Rylie Stoeser, Austin Lesmann, and Natalie Mohr with alternates Jayce Beastrom and Jasmine Hays; 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-Third Legislature of the State of South Dakota, that the Pierre Junior Shooters' BB Gun Team be honored and recognized for their excellent marksmanship and score in winning the 52nd Annual Daisy National BB Gun Championship.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:15 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk