JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




TWENTY-SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 20, 2019

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

    The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of Allegiance led by House page James Sapp.

    Roll Call: All members present except Reps. Diedrich, Lake, Kent Peterson, and Randolph 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-fifth 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 the Office of Engrossing and Enrolling has carefully compared HB 1003, 1029, 1047, 1049, and 1079 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1214 which was tabled.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1133 and 1175 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HJR 1003 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1234 which was tabled.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1109 and 1127 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Chris G. Karr, Chair
Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1146 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 Government Operations and Audit respectfully reports that it has had under consideration HB 1166 which was tabled.

Respectfully submitted,
Sue Peterson, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1158, 1210, and 1233 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration
HB 1230 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration
HB 1050 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 Judiciary respectfully reports that it has had under consideration
HB 1104, 1197, and 1228 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jon Hansen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1073 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 64 and 77 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1003, 1029, 1047, 1049, and 1079 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Yesterday, Rep. Latterell announced his intention to reconsider the vote by which HB 1139 was lost.

    Rep. Latterell moved that the House do now reconsider the vote by which HB 1139 lost, and be placed on the calendar of Thursday, February 21, 2019, the 27th legislative day.

    The question being on Rep. Latterell's motion to reconsider the vote by which HB 1139 lost, and be placed on the calendar of Thursday, February 21, 2019, the 27th legislative day.


    And the roll being called:

    Yeas 34, Nays 31, Excused 5, Absent 0

    Yeas:
Bordeaux; Cwach; Deutsch; Duba; Finck; Gosch; Greenfield (Lana); Hammock; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Latterell; Lesmeister; Livermont; McCleerey; Miskimins; Mulally; Otten (Herman); Perry; Post; Pourier; Rasmussen; Ring; Saba; Schoenfish; Smith (Jamie); St John; Weis; York; Haugaard

    Nays:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gross; Hansen; Howard; Koth; Marty; Mills; Milstead; Olson; Peterson (Sue); Pischke; Qualm; Reed; Rounds; Steele; Sullivan; Wiese; Willadsen; Zikmund

    Excused:
Diedrich; Lake; Peterson (Kent); Randolph; Reimer

    So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

    HCR 1004: A CONCURRENT RESOLUTION, Strengthening the sister-state ties between the State of South Dakota and Taiwan; supporting the signing of a Bilateral Trade Agreement (BTA) between Taiwan and the United States; and reaffirming support for increasing Taiwan's international profile.

    Was read the second time.

    Rep. Rounds moved that HCR 1004 as found on page 249 of the House Journal be adopted.

    The question being on Rep. Rounds' motion that HCR 1004 be adopted.

    And the roll being called:

    Yeas 64, Nays 0, Excused 6, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; 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; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Post; Pourier; Qualm; Rasmussen; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard


    Excused:
Diedrich; Lake; Peterson (Kent); Pischke; Randolph; Reimer

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

    Rep. Qualm moved that HB 1084 and HR 1001 be referred from the Committee on State Affairs to the Committee on Commerce and Energy.

    Which motion prevailed.


    The Speaker declared that HB 1224 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

    Health and Human Services on HB 1209 as found on page 427 and HB 1190 as found on page 429 of the House Journal; also

    Local Government on SB 73 as found on page 430 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 64: FOR AN ACT ENTITLED, An Act to require certain wind energy facilities to include aircraft detection lighting systems.

    Was read the first time and referred to the Committee on Commerce and Energy.

    SB 77: FOR AN ACT ENTITLED, An Act to revise provisions regarding candidates running for office.

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



SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1237: FOR AN ACT ENTITLED, An Act to establish the duty to collect data and share information on missing and murdered indigenous persons.

    Was read the second time.

    Rep. Bordeaux moved that HB 1237 be laid on the table.

    The question being on Rep. Bordeaux's motion that HB 1237 be laid on the table.

    And the roll being called:

    Yeas 64, Nays 0, Excused 6, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; 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; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Borglum; Diedrich; Lake; Mulally; Peterson (Kent); Randolph

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1237 was tabled.

    HB 1238: FOR AN ACT ENTITLED, An Act to revise provisions regarding training on missing and murdered indigenous persons.

    Was read the second time.

    Rep. Bordeaux moved that HB 1238 be laid on the table.

    The question being on Rep. Bordeaux's motion that HB 1238 be laid on the table.

    And the roll being called:

    Yeas 63, Nays 0, Excused 7, Absent 0


    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; 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; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Borglum; Diedrich; Lake; Latterell; Mulally; Peterson (Kent); Randolph

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1238 was tabled.

    HB 1118: FOR AN ACT ENTITLED, An Act to revise provisions regarding excise taxes on the purchase price of motor vehicles.

    Was read the second time.

    The question being "Shall HB 1118 pass as amended?"

    And the roll being called:

    Yeas 48, Nays 17, Excused 5, Absent 0

    Yeas:
Bartels; Borglum; Brunner; Dennert; Deutsch; Duba; Finck; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Lesmeister; Livermont; Marty; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Rasmussen; Reimer; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; York; Zikmund; Haugaard

    Nays:
Anderson; Barthel; Beal; Bordeaux; Chaffee; Chase; Cwach; Duvall; Glanzer; Hunhoff; Johns; McCleerey; Qualm; Reed; Ring; Rounds; Willadsen

    Excused:
Diedrich; Lake; Mulally; Peterson (Kent); Randolph

    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.

    There being no objection, the House reverted to Order of Business No. 8 - Motions and Resolutions.



MOTIONS AND RESOLUTIONS

    Rep. Karr moved that HB 1249 be referred from the Committee on Taxation to the Committee on State Affairs.

    Which motion prevailed.

    There being no objection, the House proceeded back to Order of Business No. 13 - Second Reading of House Bills and Joint Resolutions.

    Rep. Qualm moved that the balance of the calendar including HB 1229, 1080, 1187, 1186, 1094, 1178, 1255, 1258, and 1262 and SB 78, 84, 40, 43, 63, 154, 34, 72, and 100 be deferred to Thursday, February 21, 2019, the 27th legislative day.

    Which motion prevailed.

COMMEMORATIONS

    HC 1009 Introduced by: Representatives Haugaard, Anderson, Bartels, Barthel, Beal, Borglum, Brunner, Chase, Cwach, Dennert, Deutsch, Diedrich, Duvall, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Gross, Hammock, Hansen, Healy, Hunhoff, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lake, Latterell, Lesmeister, Livermont, Marty, 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, Weis, Wiese, Willadsen, York, and Zikmund and Senators Greenfield (Brock), Blare, DiSanto, Jensen (Phil), Maher, and Rusch

        A LEGISLATIVE COMMEMORATION, Honoring Rena Ortbahn for her outstanding commitment and dedicated service to the State of South Dakota and the South Dakota Legislature.

    WHEREAS, Rena Ortbahn has dutifully served the Legislature for twenty years, over 753 legislative days, in a variety of roles including proofreader, page advisor, and committee secretary, and frequently offers her assistance and expertise during special sessions and legislative interims; and

    WHEREAS, four Governors - the Honorable William Janklow, Mike Rounds, Dennis Daugaard, and Kristi Noem - have led the State of South Dakota, with three of them also serving as legislators, during Rena's tenure; and

    WHEREAS, seven Senate President Pro Tempores - the Honorable Harold Halverson, Arnold Brown, Lee Schoenbeck, Bob Gray, Corey Brown, Gary Cammack, and Brock Greenfield - have served during Rena's tenure; and

    WHEREAS, ten Speakers of the House of Representatives - the Honorable Roger Hunt, Scott Eccarius, Matthew Michels, Thomas Deadrick, Tim Rave, Val Rausch, Brian Gosch, Dean Wink, G. Mark Mickelson, and Steven Haugaard - have served during Rena's twenty years of service; and

    WHEREAS, during Rena's tenure, 5,776 House Bills, 733 House Commemorations, 363 House Concurrent Resolutions, 108 House Joint Resolutions, six House Resolutions, 4,339 Senate Bills, 534 Senate Commemorations, 198 Senate Concurrent Resolutions, 83 Senate Joint Resolutions, and 12 Senate Resolutions have been introduced by the Legislature; and

    WHEREAS, Rena has performed her duties admirably for two decades, offering guidance and support to her fellow secretaries and session staff, and displaying exemplary character, loyalty, and dedication to the Legislature and the State of South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that Rena Ortbahn be recognized for her exceptional dedication through twenty years of service to the Legislature and the State of South Dakota.

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1003: FOR AN ACT ENTITLED, An Act to revise eligibility for a deferred imposition of sentence.

    HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal background checks for adults working in child care institutions.

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding recommendations for treatment as a condition for probation.

    HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding driving after consuming certain drugs or substances.

    HB 1079: FOR AN ACT ENTITLED, An Act to allow a person to perform plumbing work on the person's own property without a license and establish a fee.

    And signed the same in the presence of the House.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:39 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk