JOURNAL OF THE HOUSE

NINETY-THIRD SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 10, 2018

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

    The prayer was offered by Bishop David Zellmer, followed by the Pledge of Allegiance led by House page Jessica Siedschlag.

    Roll Call: All members present except Reps. McPherson, Rozum, and Soli 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 first 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,
G. Mark Mickelson, Chair

    Which motion prevailed.
REPORTS OF JOINT-SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Ninety-third Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

    In regard to the system for payment of travel expenses to legislators we respectfully report that:

    (1) A form listing each weekend during session will be delivered to legislators. Legislators will be asked to list their travel on that single sheet which would be signed and turned in at the close of session. Also, pursuant to statute, a voucher must also be signed by each legislator requesting travel reimbursement.

    (2) Legislators driving their own car home for a weekend will receive mileage paid at state rates (42 cents per mile). Legislators not driving their personal vehicle home will not be entitled to reimbursement unless they leased a vehicle or somehow incurred an expense, equivalent to 42 cents per mile, in such travel.

    (3) Legislators flying commercially will receive the equivalent of flight expenses as long as it does not exceed 42 cents per mile.

    (4) Legislators flying charter or in their own plane will be reimbursed for actual expenses as long as it does not exceed 42 cents per mile.

    (5) A maximum of ten trips will be considered for the 2018 Legislative Session, including the trip for the final legislative day.

    (6) Pursuant to constitutional provisions, legislators will be paid for their initial trip to Pierre and their final trip home at the rate of 5 cents per mile.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Brock L. Greenfield
Lee Qualm    R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee    Senate Committee


Also MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Ninety-third Legislative Session be January 9 through January 12, January 16 through January 19, January 22 through January 25,

January 30 through February 2, February 5 through February 8, February 12 through February 15, February 20 through February 23, February 26 through March 1, March 5 through March 9, and March 26.

Respectfully submitted,    Respectfully submitted,
Larry Rhoden    Brock L. Greenfield
Arch Beal    R. Blake Curd
Susan Wismer    Billie Sutton
House Committee    Senate Committee

Also MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act respectfully reports that:

    The Legislature orders 100 copies of the Senate and House bills and resolutions (each); and 40 copies of the Senate and House daily journals (each) for the Ninety-third Legislative Session.

    The free distribution of sets of bills, resolutions, and daily journals shall be as follows:

    Eight copies for the Governor's Office, thirteen copies for the Supreme Court, eleven copies for the Legislative Research Council, four copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management, four copies for the Secretary of State, two copies for the Department of Legislative Audit, one copy for the Code Commission, one copy for the State Treasurer, one copy for the State Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public Utilities Commission, and press copies as needed. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative internet site.

    State's Attorneys and County Auditors shall receive free copies of bills and journals if they pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.

    Distribution of bills and journals to state officials, boards, commissions, and institutions will be made upon request in writing to the Legislative Research Council at a charge of $315 per set of bills and $85 per set of journals plus mailing charges, if applicable.

    One copy of the official directory (red book) shall be distributed to each Senator and Representative, four copies to the State Library, three copies to the Secretary of State and a copy shall also be made available to state departments and the press upon request to the Director of the Legislative Research Council. The public may obtain a copy at a cost of $8 payable to the Legislative Research Council.

    One free copy of the South Dakota Legislative Index shall be distributed to the Governor, the Lieutenant Governor, the Attorney General and the Supreme Court; and four free copies to

the State Library Depository. Copies will be distributed to Senators and Representatives who request a copy. Upon written request to the Legislative Documents Room before January 20, 2018, all other state and private entities may purchase the South Dakota Legislative Index at a cost of $47 per copy.

    The Documents Clerk shall upon written request furnish any individual, firm, corporation, association, or other organization with a set of House and Senate bills for $315 per set and a set of journals for $85 per set for the Ninety-third Legislative Session, plus mailing charges, if applicable.

    Legislators may have two copies of all bills and resolutions and two copies of the daily journals distributed or mailed to constituents within the legislator's own district if constituents or legislators pay mailing charges of $50 per set for first-class mailing.

    Registered lobbyists shall be entitled to one copy of the official directory upon payment of the $40 registration fee to the Secretary of State; and upon payment of an additional $315 per set of bills and $85 per set of journals plus mailing charges, if applicable, to the Legislative Research Council, shall be entitled to one copy of all bills and resolutions or journals pursuant to SDCL 2-12-3.

    Bill status reports shall be available on the legislative internet site. Printed copies may be sold to registered lobbyists for $220 payable to the Legislative Research Council which receipted funds shall be used to pay the printing costs. If bill status is mailed, the additional cost is $125 for first-class postage.

    The Documents Clerk shall at the end of the session file a report with the Director of the Legislative Research Council of all money paid for the purchase of bills and journals and show proof of having deposited such money with the State Treasurer. Such funds shall be used to offset the costs of postage and printing of bills and journals.

Respectfully submitted,    Respectfully submitted,
Lynne DiSanto    Jim White
Isaac Latterell    Al Novstrup
Dan Ahlers    Troy Heinert
House Committee    Senate Committee


Also MR. SPEAKER:

    Your Joint-Select Committee appointed relative to securing chaplains for the Ninety-third Legislative Session respectfully reports:

    We have conferred with the Pierre/Ft. Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Reverend John Armstrong, Oahe Presbyterian Church, as chief chaplain, to serve the Senate and House as chaplains throughout the Ninety-third session of the Legislature. The chaplains are as follows:


    John Armstrong, Dan Bader, Josh Baumann, Larry Cass, John Fette, Ron Garry, Alex Haines, Mercy Hobbs, Joe Holzhauser, Lizette Hunt, David Hussey, Seth LaBounty, Valerie Hummel LaBounty, Auggie Minzlaff, Sunshine Minzlaff, Emily Munger, Cory Rajek, Craig Wexler, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Sean McPherson     Ernie Otten
Bob Glanzer     Brock Greenfield
Karen Soli    Jason Frerichs
House Committee    Senate Committee


Also MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House of Representatives and Senate respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 3:00 p.m. on January 18, 2018, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the House of Representatives and Senate.

    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Joint Session will be dissolved.

    The Memorial Resolution shall be printed in the House and Senate Journals.

Respectfully submitted,     Respectfully submitted,
Mike Stevens        Gary Cammack
Charles Turbiville    Phil Jensen
Julie Bartling    Jason Frerichs
Karen Soli    Senate Committee
House Committee

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for a Joint Session of the two houses to receive the message of the Governor.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in a Joint Session to receive any communications he may desire to make.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to the Joint Rules for the Ninety-third Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for legislative days for the members, officers, and employees of the Senate and House.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of setting the compensation of the elective and appointive officers and employees of the House and Senate for the Ninety-third Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. White, Novstrup, 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 for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals, and bills, and other legislative printing for the two houses and the state offices, with the full power to act.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Otten, Greenfield, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to securing chaplains for the Ninety-third Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Cammack, Jensen, and Frerichs as a committee of three on the part of the Senate to meet with a committee of four on the part of the House for the purpose of arranging a memorial recognition of deceased former members of the Senate and House.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Maher, Curd, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of inviting the Chief Justice of the Supreme Court to address a Joint Session on the State of the Judiciary and to make arrangements therefor.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Maher, Curd, 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 make arrangements for a Joint Session to hear the message from a Tribal Chairman on the State of the Tribes.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session of the two houses to receive the message of the Governor.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Judiciary message of the Honorable David Gilbertson, Chief Justice of the Supreme Court.
Also MR SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Tribes message from a Tribal Chairman.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, Jan. 11, 2018, the 3rd legislative day.

    Which motion prevailed.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at
1:22 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 15 of the House Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Bishop David B. Zellmer, South Dakota Synod of the ELCA, Sioux Falls, South Dakota:

    Blessed are you O Lord, King of the Universe. We give thanks for the men and women who have and are serving and defending our country and the values of freedom and justice for all that we hold most dear. Help us to be mindful of their sacrifice and the hardships they and their families endured, so that we never take for granted the inalienable rights they have secured for us.



    On this special day we are reminded O Lord that you have declared what is right: to seek justice, to love kindness and to walk humbly with you. Bless our Justices, judges, juries and members of our law enforcement. Guard them from retribution and from corruption. Bless them with wisdom so that they might administer the law impartially and equitably.

    We pray for our President, Governor, Senators and Representatives that they may be just in purpose, wise in counsel and unwavering in duty. In the administration of their solemn responsibilities may they uphold the honor of our nation and state and secure the protection of all your people.

    In Your Holy Name we Pray. Amen.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup, Al; Otten, Ernie; Partridge; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg.

    The Chief Clerk of the House of Representatives, Sandra J. Zinter, called the roll of the House and the following members were present:

Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield, Lana; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen, Kevin; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; McCleerey; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson.

    Sen. Curd moved that a committee of three on the part of the Senate and a committee of five on the part of the House be appointed to escort the Honorable David Gilbertson, Chief Justice of the state of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Curd, Maher, and Sutton on the part of the Senate and Reps. Qualm, Kent Peterson, Haugaard, Hawley, and Bartling on the part of the House.

    The Sergeant at Arms announced the arrival of Chief Justice David Gilbertson, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable David Gilbertson, who delivered the State of the Judiciary Address.

    Sen. Curd moved that the Joint Session do now dissolve.


    Which motion prevailed.