JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

EIGHTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 17, 2019

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

The prayer was offered by the Chaplain, Rev. Lizette Hunt, followed by the Pledge of Allegiance led by House page Katherine Roth.

Roll Call: All members present except Reps. Lake, Livermont, and Kent Peterson 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 seventh 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.

COMMEMORATIONS

HC 1002 Introduced by: Representatives Smith (Jamie), 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, Haugaard, Healy, Howard, Hunhoff, 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, St John, Steele, Sullivan, Weis, Wiese, Willadsen, York, and Zikmund and Senators Langer, Blare, Bolin, Cammack, Cronin, Curd, DiSanto, Ewing, Foster, Greenfield (Brock), Heinert, Jensen (Phil), Kennedy, Klumb, Kolbeck, Maher, Monroe, Nelson, Nesiba, Novstrup, Otten (Ernie), Partridge, Rusch, Russell, Schoenbeck, Smith (VJ), Soholt, Solano, Stalzer, Steinhauer, Sutton, White, Wiik, Wismer, and Youngberg

A LEGISLATIVE COMMEMORATION, Honoring the life of Beverly Smith.

WHEREAS, Beverly Louise Smith lived a full and joyful life of eighty years; and

WHEREAS, Beverly grew up in Glenham, South Dakota, where she graduated from high school and later met her husband, Sergeant at Arms Jim Smith; and

WHEREAS, Beverly and Jim were married in Mobridge in 1962 and remained committed to each other for fifty-six years; and

WHEREAS, Beverly and Jim raised four strong-willed, big-hearted children and helped to shape the lives of seven grandchildren and one great-grandchild; and

WHEREAS, Beverly created a home filled with love, laughter, discipline, and faith; and

WHEREAS, Beverly was a practical Bohemian woman who went about her business in an unpretentious manner, while her kind and generous actions spoke volumes to those who knew her:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that Beverly Smith be remembered for a life lived with unwavering kindness, respect, and humor.

COMMUNICATIONS AND PETITIONS

January 16, 2019

Dear Speaker Haugaard:

I have the honor to request a Joint Session to hear the supplementary budget message during a Joint Session pursuant to SDCL . 4-7-12.

This request has also been filed with the President of the Senate.

Sincerely,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1012 and 1013 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Kevin D. Jensen, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1008 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 1025 and returns the same with the recommendation that said bill be amended as follows:

1025ca

On page 1, line 5, of the printed bill, delete "any" and insert "each".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1026 and returns the same with the recommendation that said bill be amended as follows:

1026ca

On page 2, line 9, of the printed bill, delete "Any election official" and insert "~~official~~ The person in charge of the election".

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

Respectfully submitted,
Herman Otten, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 5 and 23 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 1 Introduced by: Representatives 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; Haugaard; Healy; Howard; Hunhoff; 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.

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Ninety-fourth Legislature of the State of South Dakota to Caiden Capaldo, Sydney Hoffman, Dylan Hopkins, Samuel McNeil, Katherine Roth, Annabelle Simpson, Jonathon Sundet, and Erika Van Nieuwenhuyse.

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

WHEREAS, the members of the Ninety-fourth 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-fourth 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. Goodwin moved that House Page Resolution 1 be adopted.

Which motion prevailed and the resolution was adopted.

HCR 1001 Introduced by: Representatives Perry, Brunner, Chase, Dennert, Deutsch, Duba, Finck, Goodwin, Healy, Lake, Lesmeister, Milstead, Peterson (Kent), Pischke, Qualm, Reed, Saba, Sullivan, and Weis and Senators Kolbeck, Blare, DiSanto, Novstrup, Partridge, and Russell

A CONCURRENT RESOLUTION, Supporting the Governor's efforts to fuel the state fleet with premium E-30 fuel.

WHEREAS, auto owners report better performance when fueling with premium E-30, including better than or equivalent mileage per gallon and greater power; and

WHEREAS, these reports have been validated in studies like the E-30 Challenge conducted by Glacial Lakes Energy; and

WHEREAS, thousands of owners save money daily fueling with premium E-30; and

WHEREAS, premium E-30 reduces harmful emissions leading to cleaner air quality; and

WHEREAS, farmers and ethanol producers are the backbone for many rural economies in South Dakota; and

WHEREAS, premium E-30 is better for vehicle performance, rural economies, the American economy, the environment, and public health; and

WHEREAS, South Dakota has an opportunity to be a regional leader in the promotion of our homegrown premium fuel; and

WHEREAS, Governor Noem in her State of the State address noted that the process of transitioning the state vehicle fleet to the use of premium E-30 fuel has begun:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature supports the Governor in all her efforts to fuel the state fleet with premium E-30 fuel and to promote our homegrown premium E-30 fuel.

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

SCR 5: A CONCURRENT RESOLUTION, Commending Senators John Thune and Mike Rounds for their votes to confirm Brett Kavanaugh's nomination to the United States Supreme Court, and wishing Associate Justice Kavanaugh well in his new role.

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

Rep. Qualm moved that HB 1007 and 1044 be referred from the Committee on Education to the Committee on Military and Veterans Affairs, and also, that HB 1043 be referred from the Committee on Judiciary to the Committee on Military and Veterans Affairs.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1055 Introduced by: Representatives Deutsch, Brunner, Chase, Dennert, Diedrich, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Hammock, Hansen, Haugaard, Howard, Jensen (Kevin), Johns, Johnson (Chris), Johnson (David), Koth, Lake, Latterell, Marty, McCleerey, Milstead, Miskimins, Mulally, Perry, Peterson (Kent), Peterson (Sue), Pischke, Post, Qualm, Randolph, Rasmussen, Rounds, Schoenfish, Steele, Weis, Wiese, Willadsen, York, and Zikmund and Senators Steinhauer, Blare, Bolin, Cammack, Cronin, DiSanto, Ewing, Greenfield (Brock), Jensen (Phil), Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Novstrup, Otten (Ernie), Partridge, Rusch, Russell, Schoenbeck, Smith (VJ), Solano, Stalzer, Sutton, Wiik, and Youngberg

FOR AN ACT ENTITLED, An Act to require parental notification and agreement before the institution of an order to withhold resuscitation from certain patients.

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

HB 1056 Introduced by: Representatives Peterson (Sue), Brunner, Dennert, Frye-Mueller, Goodwin, Gosch, Howard, Jensen (Kevin), Johnson (Chris), Latterell, Livermont, Marty, Mulally, Otten (Herman), Pischke, Qualm, Randolph, Rasmussen, Weis, and Zikmund and Senators DiSanto, Jensen (Phil), Monroe, Nelson, Russell, Stalzer, and Youngberg

FOR AN ACT ENTITLED, An Act to prohibit certain local ordinances regarding firearms.

Was read the first time and referred to the Committee on Local Government.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 5: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2018.

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

SB 23: FOR AN ACT ENTITLED, An Act to revise certain references to repealed or obsolete provisions regarding the Department of Education.

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

Rep. Qualm moved that the balance of the calendar including HB 1032 and 1036 from
the consent calendar, and HB 1023, 1024, 1034, and 1035 be deferred to Tuesday, January 22, 2019, the 9^th legislative day.

Which motion prevailed.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
1:23 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk