JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 16, 2019

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

    The prayer was offered by the Chaplain, Rev. Corey Rajek, followed by the Pledge of Allegiance led by House page Jonathan Sundet.

    Roll Call: All members present except Rep. Hunhoff 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 sixth 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,
Steven G. Haugaard, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1034 and 1035 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1032 and 1036 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 13 and 26 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    SCR 2: A CONCURRENT RESOLUTION, To provide for legislative task forces to study, report, and develop and consider recommendations and proposed legislation regarding sustainable improvements to the continuum of mental health services available in the state.

    Was read the second time.


    Rep. Herman Otten moved that SCR 2 as found on page 14 of the Senate Journal be concurred in.

    The question being on Rep. Herman Otten's motion that SCR 2 be concurred in.


    And the roll being called:

    Yeas 65, Nays 4, Excused 1, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; York; Zikmund; Haugaard

    Nays:
Marty; Mulally; Rounds; Willadsen

    Excused:
Hunhoff

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, January 17, 2019, the 8th legislative day.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1054 Introduced by: Representatives Duvall, Barthel, Brunner, Chase, Hammock, Jensen (Kevin), McCleerey, and Rounds and Senators Stalzer, Blare, Cammack, Heinert, Jensen (Phil), Maher, Monroe, Nelson, Otten (Ernie), Rusch, Russell, Steinhauer, Sutton, and Youngberg

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the possession of firearms on certain vehicles.

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding authorization for public transportation assistance grants.

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

    SB 26: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the regulation of limited gaming in Deadwood, South Dakota.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1014: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding payments of the tax imposed on financial institutions and banks.

    HB 1015: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

    HB 1018: FOR AN ACT ENTITLED, An Act to transfer the collection of various fees from the Department of Revenue to the Department of Environment and Natural Resources.

    Were read the second time.

    The question being "Shall HB 1014, 1015, and 1018 pass?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard


    Excused:
Hunhoff

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the bills passed, and the titles were agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1009: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state employment.

    Was read the second time.

    The question being "Shall HB 1009 pass?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Hunhoff

    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 1001: FOR AN ACT ENTITLED, An Act to revise the timing of the recalculation of the allocations for the disability levels in the state aid to special education formula.

    Was read the second time.

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    Rep. Bartels moved that HB 1001 be amended as follows:

    On page 1, line 9, of the House Education Committee engrossed bill, delete everything after ".", and insert "A recalculation shall take place in fiscal year 2020 and every two years thereafter, and the recalculated rates take effect in the year following a recalculation.".

    On page 1, delete line 10.

    Which motion prevailed.

    The question being "Shall HB 1001 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Hunhoff

    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 House do now recess, which motion prevailed and at
2:55 p.m., the House recessed.

RECESS

    The House reconvened at 3:05 p.m., the Speaker presiding.


    Rep. Qualm moved that the balance of the calendar including HB 1023 and 1024 be deferred to Thursday, January 17, 2019, the 8th legislative day.

    Which motion prevailed.


    Rep. Qualm moved that the House do now recess for the Joint Memorial Service, which motion prevailed and at 3:08 p.m., the House recessed.

RECESS

JOINT MEMORIAL SERVICE

    Pursuant to the report of the Joint-Select Committee, as found on page 34 of the House Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of ten former members of the South Dakota Legislature, namely: The Honorable James Endres; the Honorable Roger W. Hunt; the Honorable Dorothy M. Kellogg; the Honorable Albert J. Kocer; the Honorable Sean McPherson; the Honorable Michael O'Connor; the Honorable Jim Schaefer; the Honorable John Timmer; the Honorable Charles Turbiville; and the Honorable Hal G. Wick; and

     WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

     WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Ninety-fourth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

     BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Ninety-fourth Session of the Legislature of the State of South Dakota, now assembled this 16th day of January, 2019, at Pierre, South Dakota.



    The Joint Session was dissolved and the House reconvened at 3:53 p.m., the Speaker presiding.

    Rep. Gosch moved that the House do now adjourn, which motion prevailed and at
3:53 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk