JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 31, 2019

    The House convened at 1:30 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by House pages Peyton Mueller and Sydney Worsley.

    Roll Call: All members present except Reps. Borglum, Lake, Lesmeister, Reed, and Saba 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 fifteenth 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 1014, 1015, and 1031 were delivered to her Excellency, the Governor, for her approval at 9:00 a.m., January 31, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1159 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1162 which was tabled.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1055 and 1124 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Kevin D. Jensen, Chair


Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 25 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 Taxation respectfully reports that it has had under consideration
HB 1118 and returns the same with the recommendation that said bill be amended as follows:

1118wa

    On page 1, line 11, of the printed bill, after "any" delete "rebate," and insert "applied rebate;".

    On page 1, delete lines 12 and 13.

    On page 2, line 6, delete everything after "any" and insert "applied rebate;".

    On page 2, delete line 7.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration
HB 1163 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mark Willadsen, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1056 and returns the same with the recommendation that said bill be amended as follows:

1056ca

    On page 2, line 1, of the printed bill, after "purchase" insert ",".

    On page 2, line 10, delete "tax," and delete "," after "licensure requirement".

    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 1078 which was tabled.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1059, 1068, and 1077 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 10 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
John Mills, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 40 and 75 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 2 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 Elizabeth Aldridge, Kailena Anderson, Allison Blom, Kamryn Brunner, Braden Bury, Jalen Fast, Emma Haggar, Kahden Mooney, Peyton Mueller, Joshua Rounds, Jordan Thompson, and Sydney Worsley.

    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. Diedrich moved that House Page Resolution 2 be adopted.

    Which motion prevailed and the resolution was adopted.


    Rep. Rounds moved that HCR 1004 be deferred to Thursday, February 21, 2019, the
27th legislative day.

    Which motion prevailed.

    The Speaker declared that HB 1147 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 1092 as found on page 244 of the House Journal; also

    Judiciary on HB 1110 as found on page 245 of the House Journal; also

    Commerce and Energy on HB 1079 as found on page 246 and HB 1022 as found on page 247 of the House Journal be adopted.

    Which motion prevailed.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    The following bills were read on January 30, 2019, and today the Speaker assigned these bills to committees:

    HB 1219 was referred to the Committee on Commerce and Energy.

    HB 1220 was referred to the Committee on Education.

    HB 1221 was referred to the Committee on Agriculture and Natural Resources.

    HB 1222 was referred to the Committee on Taxation.

    HB 1223 was referred to the Committee on Taxation.

    HB 1224 was referred to the Committee on Local Government.

    HB 1225 was referred to the Committee on Health and Human Services.

    HB 1226 was referred to the Committee on Commerce and Energy.

    HB 1227 was referred to the Committee on Taxation.

    HB 1228 was referred to the Committee on Judiciary.

    HB 1229 was referred to the Committee on Health and Human Services.

    HB 1230 was referred to the Committee on Judiciary.

    HB 1231 was referred to the Committee on Health and Human Services.

    HB 1232 was referred to the Committee on Education.

    HB 1233 was referred to the Committee on Commerce and Energy.

    HB 1234 was referred to the Committee on Taxation.

    HB 1235 was referred to the Committee on Education.

    HB 1236 was referred to the Committee on State Affairs.

    HB 1237 was referred to the Committee on State Affairs.

    HB 1238 was referred to the Committee on State Affairs.

    HB 1239 was referred to the Committee on Agriculture and Natural Resources.

    HB 1240 was referred to the Committee on Agriculture and Natural Resources.

    HB 1241 was referred to the Committee on Commerce and Energy.

    HB 1242 was referred to the Committee on Agriculture and Natural Resources.

    HB 1243 was referred to the Committee on Judiciary.

    HB 1244 was referred to the Committee on State Affairs.

    HB 1245 was referred to the Committee on Judiciary.

    HB 1246 was referred to the Committee on State Affairs.

    HB 1247 was referred to the Committee on Education.

    HB 1248 was referred to the Committee on Commerce and Energy.

    HB 1249 was referred to the Committee on Taxation.

    HB 1250 was referred to the Committee on Health and Human Services.

    HB 1251 was referred to the Committee on State Affairs.

    HB 1252 was referred to the Committee on Taxation.

    HB 1253 was referred to the Committee on Health and Human Services.

    HB 1254 was referred to the Joint Committee on Appropriations.

    HB 1255 was referred to the Joint Committee on Appropriations.

    HB 1256 was referred to the Joint Committee on Appropriations.

    HB 1257 was referred to the Joint Committee on Appropriations.

    HB 1258 was referred to the Joint Committee on Appropriations.

    HB 1259 was referred to the Joint Committee on Appropriations.

    HB 1260 was referred to the Joint Committee on Appropriations.

    HB 1261 was referred to the Joint Committee on Appropriations.

    HB 1262 was referred to the Joint Committee on Appropriations.

    HB 1263 was referred to the Joint Committee on Appropriations.

    HB 1264 was referred to the Joint Committee on Appropriations.

    HB 1265 was referred to the Committee on State Affairs.

    HB 1266 was referred to the Committee on Commerce and Energy.

    HB 1267 was referred to the Committee on Local Government.

    HB 1268 was referred to the Committee on Judiciary.

    HB 1269 was referred to the Committee on Judiciary.

    HB 1270 was referred to the Committee on Education.

    HB 1271 was referred to the Committee on Health and Human Services.

    HB 1272 was referred to the Committee on Judiciary.

    HJR 1007 was referred to the Committee on State Affairs.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 40: FOR AN ACT ENTITLED, An Act to authorize the transfer of certain real property to the Animal Industry Board.

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

    SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding who is eligible to serve as a candidate in the event of a vacancy.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1098: FOR AN ACT ENTITLED, An Act to revise provisions regarding publication of official ballots in a legal newspaper.

    HB 1070: FOR AN ACT ENTITLED, An Act to revise the procedure for judgment by confession.

    HB 1082: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding scrap metal purchases.

    HB 1121: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding health inspections of food service establishments.

    Were read the second time.

    The question being "Shall HB 1098, 1070, 1082, and 1121 pass?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

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

    Excused:
Borglum; Lake; Lesmeister; Reed; Saba

    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.

    Rep. Qualm moved that the balance of the calendar including HB 1035, 1072, and 1076 and SB 32 and 44 be deferred to Tuesday, February 5, 2019, the 17th legislative day.

    Which motion prevailed.

COMMEMORATIONS

    HC 1006 Introduced by: Representatives Schoenfish, Anderson, Chaffee, Chase, Cwach, Duba, Finck, Glanzer, Hansen, Hunhoff, Jensen (Kevin), Johnson (David), Latterell, Lesmeister, Livermont, Marty, Perry, Peterson (Kent), Pischke, Pourier, Qualm, Rasmussen, Willadsen, and Zikmund and Senators Nelson, Blare, Heinert, Kennedy, Monroe, Partridge, Rusch, Schoenbeck, Soholt, Stalzer, and Wismer

        A LEGISLATIVE COMMEMORATION, Celebrating and honoring Tabor's Annual Czech Days festivities on the occasion of its seventy-first anniversary on June 13, 14, and 15, 2019.

    WHEREAS, Czech immigrants have enriched the culture of South Dakota with their exceptional and traditional achievements in music, literature, and art, and are known for their love of agriculture, mechanical arts, and democracy, which they strive to preserve for future generations; and

    WHEREAS, this year's Czech Days Royalty are Queen Bailey Kortan, Princess Olivia Kaul, and Prince Max Beran; and

    WHEREAS, Czech Days offers a variety of exhibits, attractions, events, and entertainment, including the Czech Heritage Museum; Blachnik Museum; St. Wenceslaus Catholic Church; programs for adults and children in Sokol Park; live Czech music in Beseda Hall; a variety of Czech foods, including kolaches; kolache baking demonstrations; adult and youth parades; a craft fair; a pedal tractor pull; a Tabor Bluebird baseball game; and the Rich Schild Memorial Fireworks Display to start the celebration on the evening of June 13:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature recognizes all South Dakotans of Czech ancestry and invites everyone to participate in the seventy-first Tabor Czech Days celebration on June 13, 14, and 15, 2019.

    Rep. Steele moved that the House do now adjourn.

    Speaker declared a roll call vote.

    And the roll being called:

    Yeas 46, Nays 18, Excused 6, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Brunner; Chaffee; Cwach; Dennert; Deutsch; Diedrich; Finck; Glanzer; Greenfield (Lana); Gross; Hammock; Hunhoff; Jensen (Kevin); Johns; Johnson (David); Karr; Koth; Livermont; Mills; Milstead; Miskimins; Mulally; Olson; Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; Ring; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Bordeaux; Chase; Duba; Duvall; Goodwin; Gosch; Hansen; Healy; Howard; Johnson (Chris); Latterell; Marty; McCleerey; Otten (Herman); Pourier; Rounds; Smith (Jamie); Sullivan

    Excused:
Borglum; Frye-Mueller; Lake; Lesmeister; Reed; Saba

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion passed.

    At 2:00 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk