House of Representatives Journal 2/15/2018 01:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 15, 2018

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

The prayer was offered by the Chaplain, Rev. Craig Wexler, followed by the Pledge of Allegiance led by House pages Andrew Mairose and Addison Stubbe.

Roll Call: All members present except Reps. Bordeaux, Campbell, Frye-Mueller, Gosch, Howard, Lesmeister, Lust, McPherson, Rasmussen, Rozum, Schaefer, Soli, 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 twenty-third 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 14, 2018

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 14, 2018, I approved House Bills 1014, 1026, 1038, 1039, 1063, 1066, 1080, 1102, 1105, and 1117, 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 1311 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1275 and returns the same with the recommendation that said bill be amended as follows:

1275wa

On page 1, line 6, of the printed bill, delete "each" and insert "a majority".

On page 1, line 7, delete "of two-thirds".

On page 1, line 12, delete ".".

On page 1, delete lines 13 and 14.

On page 2, line 1, delete everything before ";" .

On page 2, line 18, delete "name of the senate district" and insert "senate district number".

On page 3, line 11, delete "each of two-thirds" and insert "a majority".

On page 4, line 3, delete "name of the senate district" and insert "senate district number".

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 1246 and 1259 which were tabled.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1240 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1309 and returns the same with the recommendation that said bill be amended as follows:

1309fb

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That chapter 10-45 be amended by adding a NEW SECTION to read:

Each tax exemption provided under the provisions of chapters 10-45 and 10-46 shall be reviewed by an interim committee to determine whether the tax exemption shall be retained or repealed before January 1, 2023, and every four years thereafter."

1309fta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for a periodic review of the sales and use tax exemptions.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1022 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1273 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 90 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 Local Government respectfully reports that it has had under consideration HB 1235 and 1247 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Kristin A. Conzet, Chair

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1318, which was removed from the table, 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 1233 which was tabled.

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1279 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1150 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 15 and 16 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill be amended as follows:

1258wa

On page 4, line 3, delete "pilot's" and insert "aircraft's".

On page 4, line 16, of the printed bill, delete "SUAS" and insert "sUAS".

On page 5, line 4, overstrike everything after "all" .

On page 5, line 5, overstrike everything before "~~navigation facilities~~" .

On page 5, delete lines 10 to 12, inclusive, and insert "The commission shall supervise the aeronautical activities and facilities within the state, including supervision and control over all airports~~, air marking, air beacons, and all other air navigation~~ and aviation facilities.".

On page 21, between lines 11 and 12, insert:

"Section 36. That § 50-11-29 be amended to read:

50-11-29. The provisions of §§ 50-11-8 to 50-11-24, inclusive, do not apply to an individual operating model aircraft, balloons, gliders, or sUAS.

Section 37. That § 50-11-9.1 be amended to read:

50-11-9.1. The provisions of §§ 50-11-8 and 50-11-9 do not apply to any ~~unmanned aircraft system that weighs less than fifty-five pounds~~ sUAS. ".

On page 21, after line 21, insert:

"Section 40. That § 50-15-1 be repealed.

50-15-1. For purposes of this chapter, the term, drone, means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. The vehicle may be expendable or recoverable. ".

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 1099, 1119, 1127, 1148, and 1214 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 1079 and 1205 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 1008 and 1217 were lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in
HCR 1008.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1190 was indefinitely postponed by the Senate.

Also MR. SPEAKER:

I have the honor to return herewith HB 1099, 1119, 1127, 1148, and 1214 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 204 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 3 Introduced by: Representatives 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; McPherson; Mickelson; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund.

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Ninety-third Legislature of the State of South Dakota to Abigail Arhart, Joanna Boll, Kamryn Brunner, Rowdy Fischbach, Emily Foiles, Lauren Hight, Miriam Knoble, Andrew Mairose, Audrey Quinn, Tori Rasmussen, Karlie Reagan, Haley Ringkob, Addison Stubbe, and Kassandra Tronvold.

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

WHEREAS, the members of the Ninety-third 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-third 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. Heinemann moved that House Page Resolution 3 be adopted.

Which motion prevailed and the resolution was adopted.

HCR 1011 Introduced by: Representatives Ahlers, Anderson, Bartels, Bartling, Bordeaux, Brunner, Clark, DiSanto, Goodwin, Gosch, Greenfield (Lana), Hawley, Holmes, Howard, Hunhoff, Jamison, Jensen (Kevin), Johnson, Kaiser, Karr, Lake, Livermont, Lust, Marty, McCleerey, Mickelson, Peterson (Kent), Pischke, Qualm, Ring, Rounds, Schaefer, Schoenfish, Smith, Tulson, Turbiville, Wiese, and Zikmund and Senators Sutton, Cronin, Curd, Frerichs, Haverly, Heinert, Kennedy, Killer, Langer, Maher, Nelson, Nesiba, Peters, Russell, and Tidemann

A CONCURRENT RESOLUTION, Making formal application to the United States Congress to lawfully enable the Department of Veterans Affairs to provide per diem reimbursement to eligible veterans in need of assisted living services.

WHEREAS, the Department of Veterans Affairs (VA) is charged with ensuring the health and well-being of the nation's veterans; and

WHEREAS, the goals of improving veterans' health outcomes at lower cost by operating effectively and efficiently greatly depends on the continuum of care; and

WHEREAS, VA patients are given a Preadmission Screening and Resident Review (PASRR) to help ensure that patients are not inappropriately placed in nursing homes for long-term care; and

WHEREAS, assisted living programs are an appropriate and cost-saving option for VA patients but currently the VA does not provide a per diem reimbursement; and

WHEREAS, Congress can improve the VA system, broadening access to timely health care while offering greater choice and flexibility to every eligible veteran; and

WHEREAS, America's veterans have made enormous sacrifices to support and defend the principles upon which our country was founded. In return for their sacrifices, the United States government has committed itself to providing health care and other benefits for our veterans:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Third Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature make formal application to the United States Congress to lawfully enable

the Department of Veterans Affairs to provide per diem reimbursement to eligible veterans in need of assisted living services.

Was read the first time and the Speaker waived the committee referral.

Rep. Johns moved that the House do not concur in Senate amendments to HB 1016 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Johns, Stevens, and Ring.

Rep. Rounds moved that the House do concur in Senate amendments to HB 1033.

The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1033.

And the roll being called:

Yeas 48, Nays 7, Excused 15, Absent 0

Yeas:

Ahlers; Bartels; Barthel; Bartling; Beal; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Glanzer; Goodwin; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Karr; Kettwig; Lake; Latterell; Livermont; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring; Rounds; Schoenfish; Smith; Steinhauer; Tulson; Turbiville; Wiese; Zikmund; Speaker Mickelson

Nays:

Anderson; Greenfield (Lana); Johns; Johnson; Kaiser; Mills; Willadsen

Excused:

Bordeaux; Campbell; Frye-Mueller; Gosch; Howard; Lesmeister; Lust; McPherson; Rasmussen; Rozum; Schaefer; Soli; Stevens; Wismer; York

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Government Operations and Audit on HB 1178 as found on page 447 of the House Journal; also

    Government Operations and Audit on HB 1188 as found on page 447 of the House Journal; also

    State Affairs on HJR 1004 as found on page 449 of the House Journal; also

    State Affairs on HB 1174 as found on page 452 of the House Journal be adopted; also

    Judiciary on HB 1293 as found on page 453 of the House Journal; also

    Judiciary on HB 1204 as found on page 454 of the House Journal; also

    Education on SB 46 as found on page 448 of the House Journal; also

    Commerce and Energy on HB 1287 as found on page 463 of the House Journal be adopted.

Which motion prevailed.

Rep. DiSanto moved that HB 1287 be placed on the calendar of Tuesday, February 20, 2018, the 25^th legislative day.

The question being on Rep. DiSanto's motion that HB 1287 be placed on the calendar of Tuesday, February 20, 2018, the 25^th legislative day.

And the roll being called:

Yeas 40, Nays 15, Excused 15, Absent 0

Yeas:

Ahlers; Barthel; Bartling; Beal; Brunner; Clark; Dennert; Diedrich; DiSanto; Goodwin; Greenfield (Lana); Haugaard; Heinemann; Jamison; Jensen (Kevin); Johns; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Rounds; Schoenfish; Steinhauer; Tulson; Wiese; Zikmund; Speaker Mickelson

Nays:

Anderson; Bartels; Carson; Chase; Conzet; Duvall; Glanzer; Hawley; Holmes; Hunhoff; Johnson; Ring; Smith; Turbiville; Willadsen

Excused:

Bordeaux; Campbell; Frye-Mueller; Gosch; Howard; Lesmeister; Lust; McPherson; Rasmussen; Rozum; Schaefer; Soli; Stevens; Wismer; York

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1287 was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 204: FOR AN ACT ENTITLED, An Act to create and designate Peter Norbeck Day as a working holiday.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Wismer requested that HB 1292 be removed from the Consent Calendar.

Which request was granted.

HB 1209: FOR AN ACT ENTITLED, An Act to require a National Instant Criminal Background Check for applicants of certain concealed carry permits.

Was read the second time.

The question being “Shall HB 1209 pass?”

And the roll being called:

Yeas 55, Nays 0, Excused 15, Absent 0

Yeas:

Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Ring; Rounds; Schoenfish; Smith; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; Zikmund; Speaker Mickelson

Excused:

Bordeaux; Campbell; Frye-Mueller; Gosch; Howard; Lesmeister; Lust; McPherson; Rasmussen; Rozum; Schaefer; Soli; Stevens; Wismer; York

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 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax on endoparasiticides and ectoparasiticides.

Was read the second time.

The question being “Shall SB 55 pass?”

And the roll being called:

Yeas 55, Nays 0, Excused 15, Absent 0

Yeas:

Excused:

Bordeaux; Campbell; Frye-Mueller; Gosch; Howard; Lesmeister; Lust; McPherson; Rasmussen; Rozum; Schaefer; Soli; Stevens; Wismer; York

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 1201, 1269, 1286, and 1162 and SB 31, 47, 74, 25, 50, 51, 53, 54, 156, 58, 110, and 164 be deferred to Tuesday, February 20, 2018, the 25^th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 7 - Messages from the Senate.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Bolin, Netherton, and Nesiba as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on
HB 1016.

Respectfully,
Kay Johnson, Secretary

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the creation of business improvement districts.

HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding dual education credit.

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding riparian buffer strips.

HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to fees charged for security freezes.

HB 1148: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility to serve on the Game, Fish, and Parks Commission.

HB 1214: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Conservation Commission and conservation districts.

And signed the same in the presence of the House.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:35 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk