JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 28, 2019

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

The prayer was offered by the Chaplain, Rev. Sam Handschke, followed by the Pledge of Allegiance led by House page Allison Blom.

Roll Call: All members present except Reps. Bordeaux, Frye-Mueller, Mulally, Olson, and Zikmund 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 twelfth 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 Legislative Procedure respectfully reports that HB 1004, 1006, 1016, and 1030 were delivered to her Excellency, the Governor, for her approval at 10:25 a.m., January 28, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 47 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 1064 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
SB 23 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
SB 24 which was tabled.

Respectfully submitted,
Lana Greenfield, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 12 and 31 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 11, 20, and 21 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jon Hansen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 22 and 51 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Rounds moved that the House do concur in Senate amendments to HB 1031.

The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1031.

And the roll being called:

Yeas 60, Nays 5, Excused 5, Absent 0

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

Nays:
Dennert; Livermont; Peterson (Sue); Pischke; Weis

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

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.

The Speaker declared that HB 1062 and 1161 were withdrawn at the request of the prime sponsors pursuant to Joint Rule 6B-1.1.

Rep. David Johnson requested a fiscal note on HJR 1005.

Which request was supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Retirement Laws on HB 1011 as found on page 178 of the House Journal; also

Education on HB 1051 as found on page 179 of the House Journal; also

State Affairs on HCR 1001 and HB 1057 as found on page 181 of the House Journal; also

Judiciary on HB 1029 as found on page 183 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

The following bills were read on January 25, 2019, and today the Speaker assigned these bills to committees:

HB 1143 was referred to the Committee on State Affairs.

HB 1144 was referred to the Committee on Education.

HB 1145 was referred to the Committee on Transportation.

HB 1146 was referred to the Committee on Government Operations and Audit.

HB 1147 was referred to the Committee on State Affairs.

HB 1148 was referred to the Committee on State Affairs.

HB 1149 was referred to the Committee on Education.

HB 1150 was referred to the Committee on Education.

HB 1151 was referred to the Committee on State Affairs.

HB 1152 was referred to the Committee on Agriculture and Natural Resources.

HB 1153 was referred to the Committee on State Affairs.

HB 1154 was referred to the Committee on Judiciary.

HB 1155 was referred to the Committee on Judiciary.

HB 1156 was referred to the Committee on State Affairs.

HB 1157 was referred to the Committee on State Affairs.

HB 1158 was referred to the Committee on Commerce and Energy.

HB 1159 was referred to the Committee on Agriculture and Natural Resources.

HB 1160 was referred to the Committee on State Affairs.

HB 1162 was referred to the Committee on Agriculture and Natural Resources.

HB 1163 was referred to the Committee on Taxation.

HB 1164 was referred to the Committee on Transportation.

HB 1165 was referred to the Committee on State Affairs.

HB 1166 was referred to the Committee on Government Operations and Audit.

HB 1167 was referred to the Committee on Taxation.

HB 1168 was referred to the Committee on Education.

HB 1169 was referred to the Committee on Education.

HB 1170 was referred to the Committee on Health and Human Services.

HJR 1004 was referred to the Committee on State Affairs.

HJR 1005 was referred to the Committee on State Affairs.

HJR 1006 was referred to the Committee on State Affairs.

HB 1171 Introduced by: Representatives Peterson (Sue), Anderson, Borglum, Brunner, Chaffee, Dennert, Deutsch, Diedrich, Finck, Hammock, Hansen, Koth, Latterell, Lesmeister, Livermont, Mills, Pischke, Qualm, Randolph, Rasmussen, Schoenfish, St John, Weis, Wiese, and York and Senators Klumb, Blare, Greenfield (Brock), Jensen (Phil), Kolbeck, Monroe, Nelson, Otten (Ernie), Stalzer, and Sutton

FOR AN ACT ENTITLED, An Act to allow certain veterans to attend courses offered at postsecondary technical institutes without payment of tuition.

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

HB 1172 Introduced by: Representatives Jensen (Kevin), Brunner, Dennert, Frye-Mueller, Goodwin, Hammock, Livermont, and Pischke and Senators Russell and Stalzer

FOR AN ACT ENTITLED, An Act to provide for cooperation with federal officials in matters of immigration.

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

HB 1173 Introduced by: Representatives Jensen (Kevin), Brunner, Frye-Mueller, Goodwin, Hammock, Livermont, and Pischke and Senators Russell and Stalzer

FOR AN ACT ENTITLED, An Act to permit the possession of firearms by certain employees.

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

HB 1174 Introduced by: Representatives Jensen (Kevin), Lesmeister, Pischke, and Schoenfish and Senators Nelson and Russell

FOR AN ACT ENTITLED, An Act to revise provisions regarding civil forfeitures.

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

HB 1175 Introduced by: Representatives Healy, Barthel, Bordeaux, Borglum, Cwach, Deutsch, Diedrich, Duba, Johns, Johnson (David), Lake, Lesmeister, McCleerey, Peterson (Kent), Pourier, Ring, Schoenfish, Smith (Jamie), and Sullivan and Senators Nesiba, Foster, Heinert, Kennedy, Partridge, Rusch, Solano, Steinhauer, and Youngberg

FOR AN ACT ENTITLED, An Act to establish the Early Learning Advisory Council.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 22: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

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

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Latterell requested that HB 1027 be removed from the Consent Calendar.

Which request was granted.

HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of campus security officers for purposes of the South Dakota Retirement System.

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

Were read the second time.

The question being "Shall HB 1045 and SB 5 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; 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; Haugaard

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

So the bills 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 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state building committees for capital improvement projects.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1020 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

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 1044: FOR AN ACT ENTITLED, An Act to authorize certain children who are subject to a pending military relocation to apply for enrollment in a school district.

Was read the second time.

The question being "Shall HB 1044 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

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 1010: FOR AN ACT ENTITLED, An Act to recodify, to make certain form and style changes, to clarify, and to repeal certain provisions related to the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

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 1037: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a regional sports complex at Northern State University and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1037 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

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

HB 1038: FOR AN ACT ENTITLED, An Act to authorize the demolition of a South Dakota State University building and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1038 pass?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, Absent 0

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

Nays:
Brunner; Mills; Pischke

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

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

HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding adult adoption.

Was read the second time.

The question being "Shall HB 1067 pass?"

And the roll being called:

Yeas 57, Nays 8, Excused 5, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Johns; Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; McCleerey; Mills; Milstead; Miskimins; Otten (Herman); Peterson (Kent); Peterson (Sue); Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Haugaard

Nays:
Chaffee; Jensen (Kevin); Johnson (Chris); Livermont; Perry; Pischke; Post; Rounds

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

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 SENATE BILLS AND JOINT RESOLUTIONS

Rep. Latterell moved that SB 14 be deferred to Tuesday, January 29, 2019, the
14^th legislative day.

Which motion prevailed.

SB 35: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding revocation of occupational licenses.

Was read the second time.

The question being "Shall SB 35 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Bordeaux; Frye-Mueller; Mulally; Olson; Zikmund

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.

SIGNING OF BILLS

The Speaker publicly read the title to

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

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:17 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk