JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




THIRTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 11, 2019

    The House convened at 12:00 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 Grace DuVall.

    Roll Call: All members present except Reps. Anderson, Hansen, Johns, and Milstead 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 thirty-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.
HONORED GUESTS

    Rep. Haugaard introduced Kent Hagg, a member of the Commissioning Committee and served as General Counsel for the Committee for the USS South Dakota submarine; and Brian Hagg, a member of the Commissioning Committee and author of the poem which will be posted for permanent display in the Officers Galley on the USS South Dakota.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1046, 1093, 1111, 1180, 1201, 1204, and 1216 were delivered to her Excellency, the Governor, for her approval at 9:30 a.m., March 11, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1022, 1034, 1035, 1055, 1094, 1155, 1189, and 1219 were delivered to her Excellency, the Governor, for her approval at 11:15 a.m., March 11, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1084, 1090, 1110, 1146, 1190, 1254, 1256, 1259, 1261, and 1264 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

    The Speaker has removed the temporary appointment of Rep. Smith and restored the Joint and House Committees on Appropriations to their original membership with Rep. Saba.


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1087, 1177, 1187, 1209, and 1265 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1084, 1090, 1146, 1190, 1254, 1256, 1259, 1261, and 1264 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Reed moved that the House do concur in Senate amendments to HB 1099.

    The question being on Rep. Reed's motion that the House do concur in Senate amendments to HB 1099.

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    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.


    Rep. Finck moved that the House do concur in Senate amendments to HB 1186.

    The question being on Rep. Finck's motion that the House do concur in Senate amendments to HB 1186.

    And the roll being called:

    Yeas 63, Nays 3, Excused 4, Absent 0

    Yeas:
Bartels; Barthel; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; 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; Wiese; York; Zikmund; Haugaard

    Nays:
Beal; Weis; Willadsen

    Excused:
Anderson; Hansen; Johns; Milstead

    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.

    Rep. Lesmeister moved that the House do concur in Senate amendments to HB 1191.

    The question being on Rep. Lesmeister's motion that the House do concur in Senate amendments to HB 1191.

    And the roll being called:

    Yeas 58, Nays 8, Excused 4, Absent 0

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

    Nays:
Deutsch; Glanzer; Jensen (Kevin); Mills; Post; Randolph; Steele; York



    Excused:
Anderson; Hansen; Johns; Milstead

    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.

    Rep. Rounds moved that the House do not concur in Senate amendments to HB 1250 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    Rep. Kevin Jensen moved as a substitute motion that the House do not concur in Senate amendments to HB 1250 and that no committee be appointed.

    The question being on Rep. Kevin Jensen's substitute motion that the House do not concur in Senate amendments to HB 1250 and that no committee be appointed.

    And the roll being called:

    Yeas 35, Nays 31, Excused 4, Absent 0

    Yeas:
Beal; Brunner; Chaffee; Deutsch; Frye-Mueller; Glanzer; Goodwin; Gosch; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Marty; Mills; Miskimins; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; St John; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Greenfield (Lana); Gross; Hammock; Healy; Hunhoff; Johnson (David); Lake; Lesmeister; McCleerey; Olson; Otten (Herman); Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan

    Excused:
Anderson; Hansen; Johns; Milstead

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

    The question being on Rep. Rounds' motion that the House do not concur in Senate amendments to HB 1250 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.


    And the roll being called:

    Yeas 39, Nays 27, Excused 4, Absent 0

    Yeas:
Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Greenfield (Lana); Gross; Hammock; Healy; Hunhoff; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Post; Pourier; Qualm; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; York

    Nays:
Beal; Brunner; Chaffee; Deutsch; Frye-Mueller; Glanzer; Goodwin; Gosch; Howard; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Mills; Peterson (Sue); Pischke; Randolph; Rasmussen; Reimer; Steele; Weis; Wiese; Willadsen; Zikmund; Haugaard

    Excused:
Anderson; Hansen; Johns; Milstead

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

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1084: FOR AN ACT ENTITLED, An Act to provide for specific classification of affordable housing structures for purposes of taxation.

    HB 1090: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the exercise of certain powers over certain property.

    HB 1110: FOR AN ACT ENTITLED, An Act to establish a penalty for certain persons who fail to file a birth certificate or who fail to provide the notice required for the filing of a death certificate.

    HB 1146: FOR AN ACT ENTITLED, An Act to revise provisions related to unclaimed property.

    HB 1190: FOR AN ACT ENTITLED, An Act to provide for certain reporting requirements related to abortions.

    HB 1254: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes and to declare an emergency.


    HB 1256: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

    HB 1259: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

    HB 1261: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

    HB 1264: FOR AN ACT ENTITLED, An Act to authorize the payment of a self-insured retention on a cyber liability insurance policy from the extraordinary litigation fund, to make an appropriation for the payment of extraordinary litigation expenses, and to declare an emergency.

    SB 3: FOR AN ACT ENTITLED, An Act to create the Special Education Interim Legislative Committee.

    SB 48: FOR AN ACT ENTITLED, An Act to authorize counties on behalf of certain improvement districts to issue convention facility on-sale licenses to sell alcoholic beverages.

    SB 56: FOR AN ACT ENTITLED, An Act to revise certain provision regarding the regulation of fireworks and to declare an emergency.

    SB 164: FOR AN ACT ENTITLED, An Act to establish procedures for the investigation of certain missing and murdered indigenous persons.

    SB 189: FOR AN ACT ENTITLED, An Act to establish a fund to receive civil recoveries to offset costs incurred by riot boosting, to make a continuous appropriation therefor, and to declare an emergency.

    SB 190: FOR AN ACT ENTITLED, An Act to promote pipeline construction and fiscal responsibility by establishing a fund, to authorize a special fee for extraordinary expenses, to make a continuous appropriation therefor, and to declare an emergency.

    And signed the same in the presence of the House.

    Rep. Qualm moved that the House do now recess until 4:00 p.m., which motion prevailed and at 1:31 p.m., the House recessed.

RECESS

    The House reconvened at 4:57 p.m., the Speaker presiding.


    There being no objection, the House reverted to Order of Business No. 4 - Communications and Petitions.

COMMUNICATIONS AND PETITIONS

March 11, 2019

Mr. Speaker and Members of the House of Representatives:

    I have the honor to inform you that on March 11, 2019, I approved House Bills 1080, 1081, 1122, 1176, 1215, and 1242, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1084, 1090, 1110, 1146, 1190, 1254, 1256, 1259, 1261, and 1264 were delivered to her Excellency, the Governor, for her approval at 3:20 p.m., March 11, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1099, 1186, and 1191 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair


SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1099: FOR AN ACT ENTITLED, An Act to provide for the designation of a caregiver to receive information regarding residents of treatment facilities.

    HB 1186: FOR AN ACT ENTITLED, An Act to repeal the termination of the juvenile detention cost-sharing fund.

    HB 1191: FOR AN ACT ENTITLED, An Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

    SB 140: FOR AN ACT ENTITLED, An Act to provide for the increase of higher education enrolled members of the nine federally recognized tribes in South Dakota at regental institutions.

    SB 187: FOR AN ACT ENTITLED, An Act to define electric bicycles and to provide for the regulation of electric bicycles.

    And signed the same in the presence of the House.

REPORTS OF CONFERENCE COMMITTEES

Cc128a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 128 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 128 be amended as follows:

128yb

    On page 1, line 5, of the House engrossed bill, delete "two dollars ($2)" and insert "three hundred sixty thousand dollars ($360,000)".

Respectfully submitted,            Respectfully submitted,
Drew Dennert                    Ryan Maher
House Committee Chair            Senate Committee Chair


Cc1171a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1171 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1171 be amended as follows:

1171ca

    On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed version.

Respectfully submitted,            Respectfully submitted,
Sue Peterson                    Joshua Klumb
House Committee Chair            Senate Committee Chair

Cc123a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 123 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 123 be amended as follows:

123ba

    On page 1, line 11, of the House engrossed bill, delete "provided" and insert "has been requested to provide".

    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,            Respectfully submitted,
Tom Pischke                    Lance Russell
House Committee Chair            Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 146 and has appointed Sens. Solano, Blare, and Heinert as a


committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Kay Johnson, Secretary

    The Speaker appointed Reps. Livermont, Pourier, and Rasmussen as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 146.

MOTIONS AND RESOLUTIONS

    Rep. Kevin Jensen moved that when we adjourn today, we adjourn to convene at
11:00 a.m., on Tuesday, March 12, 2019, the 38th legislative day.

    Which motion prevailed.

    Rep. Kevin Jensen moved that the balance of the calendar including HB 1087, 1177, 1187, 1209, and 1265 be deferred to Tuesday, March 12, 2019, the 38th legislative day.

    Which motion prevailed.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at
5:05 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk