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House of Representatives Journal 1/10/2017 12:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 10, 2017
    
    BE IT REMEMBERED, That on the tenth day of January, A.D., two thousand seventeen, at the hour of twelve o'clock meridian, on the second Tuesday in January, being the day and hour fixed by the Constitution of the state of South Dakota for the convening of the Legislature, the Ninety-second regular session of the House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the state of South Dakota, the seat of government thereof, was called to order by Shantel Krebs, the Secretary of State of the state of South Dakota.

    The following prayer was offered by Rev. Mercy Hobbs, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

    Gracious God,

    We give You thanks for giving us another day.

    As the Members of the House, we return in anticipation of a new session. We pray as we gather that through Your guidance we will be of open minds and hearts as we discuss and decide on issues that are presented to us. We pray that our efforts will reflect the needs of those who have elected us.

    Bless those who labor in these halls and offices even while we are in recess or adjournment. Without their steady and faithful service, our work would not be possible.

    May all that is done this day and those to come be for Your greater honor and glory. All this we pray in Your Name. Amen.

    The Pledge of Allegiance was led by House page Arden Koenecke.


    I, SHANTEL KREBS, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the House of Representatives at the general election held on November 8, 2016, are hereby certified as members of the House of Representatives of the 2017-2018 Legislative Sessions:

District No. 1    Brown, Day, Marshall and Roberts Counties
            Steven D. McCleerey, Sisseton
            Susan Wismer, Britton

District No. 2    Brown, Clark, Hamlin and Spink Counties
        Lana Greenfield, Doland
        Burton "Burt" Tulson, Lake Norden

District No. 3    Brown County
        Daniel Kaiser, Aberdeen
        Drew Dennert, Aberdeen

District No. 4    Brookings, Codington, Deuel and Grant Counties
        Jason W. Kettwig, Milbank
        John Mills, Volga

District No. 5    Codington County
        Hugh M. Bartels, Watertown
        Nancy York, Watertown

District No. 6    Lincoln County
        Isaac Latterell, Tea
        Herman Otten, Lennox

District No. 7    Brookings County
        Spencer Hawley, Brookings
        Tim Reed, Brookings

District No. 8    Lake, Miner, Moody and Sanborn Counties
        Leslie Heinemann, Flandreau
        Mathew Wollmann, Madison

District No. 9    Minnehaha County
        Michael Clark, Hartford
        Wayne H. Steinhauer, Hartford

District No. 10    Minnehaha County
        Don Haggar, Sioux Falls
        Steven Haugaard, Sioux Falls

District No. 11    Minnehaha County
        Mark K. Willadsen, Sioux Falls
        Chris Karr, Sioux Falls



District No. 12    Lincoln and Minnehaha Counties
        Arch Beal, Sioux Falls
        Greg Jamison, Sioux Falls

District No. 13    Lincoln and Minnehaha Counties
        G. Mark Mickelson, Sioux Falls
        Sue K. Lucas-Peterson, Sioux Falls

District No. 14    Minnehaha County
        Larry P. Zikmund, Sioux Falls
        Tom Holmes, Sioux Falls

District No. 15    Minnehaha County
        Karen Soli, Sioux Falls
        Jamie Smith, Sioux Falls

District No. 16    Lincoln and Union Counties
        David L. Anderson, Hudson
        Kevin D. Jensen, Canton

District No. 17    Clay and Turner Counties
        Ray Ring, Vermillion
        Nancy Rasmussen, Hurley

District No. 18    Yankton County
        Mike Stevens, Yankton
        Jean M. Hunhoff, Yankton

District No. 19    Bon Homme, Douglas, Hanson, Hutchinson and McCook Counties
        Kyle Schoenfish, Scotland
        Kent S. Peterson, Salem

District No. 20    Aurora, Davison and Jerauld Counties
        Tona Rozum, Mitchell
        Lance Carson, Mitchell

District No. 21    Bon Homme, Charles Mix, Gregory and Tripp Counties
        Julie Bartling, Gregory
        Lee Qualm, Platte

District No. 22    Beadle and Kingsbury Counties
        Roger Chase, Huron
        Bob Glanzer, Huron

District No. 23    Campbell, Edmunds, Faulk, Hand, McPherson, Potter, Spink and Walworth
        Counties
        Spencer Gosch, Glenham
        John A. Lake, Gettysburg



District No. 24    Hughes, Hyde, Stanley and Sully Counties
        Tim Rounds, Pierre
        Mary Duvall, Pierre

District No. 25    Minnehaha County
        Dan Ahlers, Dell Rapids
        Tom Pischke, Dell Rapids

District No. 26A    Mellette and Todd Counties
        Shawn Bordeaux, Mission

District No. 26B    Brule, Buffalo, Jones and Lyman Counties
        James Schaefer, Kennebec

District No. 27    Bennett, Haakon, Jackson, Oglala Lakota and Pennington Counties
        Steve Livermont, Martin
        Elizabeth May, Kyle

District No. 28A    Corson, Dewey and Ziebach Counties
        Oren Lesmeister, Parade

District No. 28B    Butte, Harding and Perkins Counties
        Sam Marty, Prairie City

District No. 29    Butte, Meade and Pennington Counties
        Larry Rhoden, Union Center
        Thomas J. Brunner, Nisland

District No. 30    Custer, Fall River and Pennington Counties
        Julie Frye-Mueller, Rapid City
        Tim R. Goodwin, Rapid City

District No. 31    Lawrence County
        Timothy R. Johns, Lead
        Charles M. Turbiville, Deadwood

District No. 32    Pennington County
        Kristin A. Conzet, Rapid City
        Sean McPherson, Rapid City

District No. 33    Meade and Pennington Counties
        Taffy Howard, Rapid City
        David Johnson, Rapid City

District No. 34    Pennington County
        Craig Tieszen, Rapid City


District No. 35    Pennington County
        Lynne DiSanto, Rapid City
        Blaine "Chip" Campbell, Rapid City

    I further testify that the following has been appointed by the Honorable Dennis Daugaard, Governor of the State of South Dakota:

District No. 34:    Pennington County
            David Lust, Rapid City, appointed November 18, 2016, to fill the vacancy created by Dan Dryden who had passed away.

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 10th day of January, 2017.

        (SEAL)

Shantel Krebs

Secretary of State

    The oath of office was administered by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota to the following Representatives:

    Dan Ahlers    David L. Anderson
    Hugh M. Bartels    Julie Bartling
    Arch Beal    Shawn Bordeaux
    Thomas J. Brunner    Blaine "Chip" Campbell
    Lance Carson    Roger D. Chase
    Michael Clark    Kristin A. Conzet
    Drew Dennert    Lynne DiSanto
    Mary Duvall    Julie Frey-Mueller
    Bob Glanzer    Tim Goodwin
    Spencer Gosch    Don Haggar
    Steven G. Haugaard    Spencer Hawley
    Leslie J. Heinemann    Thomas R. Holmes
    Taffy Howard    Jean M. Hunhoff
    Greg Jamison    Kevin D. Jensen
    Timothy R. Johns    David Johnson
    Dan Kaiser    Chris Karr
    Jason W. Kettwig    John A. Lake
    Isaac Latterell    Oren L. Lesmeister
    Steve Livermont    David Lust
    Sam Marty    Elizabeth May
    Steven D. McCleerey    Sean McPherson
    G. Mark Mickelson    John Mills
    Herman Otten    Kent Peterson
    Sue Peterson    Tom Pischke
    Lee Qualm    Nancy Rasmussen
    Tim Reed    Larry Rhoden


    Ray Ring    Tim Rounds
    Tona Rozum    James Schaefer
    Kyle Schoenfish    Jamie Smith
    Karen Soli    Wayne H. Steinhauer
    Mike Stevens    Craig Tieszen
    Burt Tulson    Charles M. Turbiville
    Mark Willadsen    Susan Wismer
    Mathew Wollmann    Nancy York
    Larry P. Zikmund

    Which was subscribed to and placed on file in the office of the Secretary of State.

    When the roll was called, all members were present except Rep. Lana Greenfield who was excused.

MOTIONS AND RESOLUTIONS

    Rep. Qualm moved that the House proceed with the election of officers of the House of Representatives.

    Which motion prevailed.

    The presiding officer announced that nominations for Speaker of the House of Representatives were now in order.

    Rep. Qualm nominated Rep. Mickelson as Speaker of the House of Representatives.

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mickelson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund

    Excused:
Greenfield (Lana)



    Rep. Mickelson having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker of the House of Representatives.

    Reps. Qualm, Hawley, Haggar, Kent Peterson, and Rhoden were appointed to escort Rep. Mickelson to the rostrum.

    The oath of office was administered to Rep. Mickelson, Speaker of the House of Representatives, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Ms. Shantel Krebs, Secretary of State, turned the gavel over to Speaker Mickelson.

    Speaker Mickelson now presiding.

    The Speaker announced that nominations for Speaker Pro tempore of the House of Representatives were now in order.

    Rep. Kent Peterson nominated Rep. Haggar as Speaker Pro tempore.

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson

    Excused:
Greenfield (Lana)

    Rep. Haggar having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker Pro tempore of the House of Representatives.

    Reps. Kent Peterson, Anderson, and Bartling were appointed to escort Rep. Haggar to the rostrum.


    The oath of office was administered to Rep. Haggar, Speaker Pro tempore of the House of Representatives, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    The Speaker announced that nominations for Chief Clerk of the House of Representatives were now in order.

    Rep. Qualm nominated Ms. Arlene Kvislen as Chief Clerk of the House of Representatives.

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson

    Excused:
Greenfield (Lana)

    Ms. Kvislen having received an affirmative vote of a majority of the members-elect, was declared duly elected.

    The oath of office was administered to Ms. Kvislen by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Speaker Mickelson announced the appointment of the following employees of the House of Representatives for the Ninety-second Legislative Session:

    First Assistant to the Chief Clerk _ Mary Lou Goehring

    Second Assistant to the Chief Clerk _ Jackie Driscoll

    Third Assistant to the Chief Clerk _ Shirleen Fugitt

    Chief Chaplain _ John Armstrong


    Sergeant at Arms _ James Smith

    Assistant Sergeant at Arms _ Rollie Borth

    Secretary to the Speaker _ Liz Markley

    Secretary to the Majority Party _ Trudy Qualm

    Secretary to the Minority Party _ Josh Waltjer

            Committee Secretaries _ Shirley Ellwein, Pam Kean, Lori Roberts, Mary Turner

    Pages (1st Term) _ Cheyenne Davis, Arden Koenecke, Austin Lannen, Hunter Lipinski, Nicholas Lust, Hayley Sowers, Aspen Stover, Emma Wilkinson

    Pages (2nd Term) _ Matthew Bogue, Kayleb Cihak-Brozik, Sara Herman, Grace Homer, Wyatt Jorgensen, Hanna Juelfs, Michael Linngren, Emily Muirhead, Kathlynn Short, Braedon Wallenstein, Raegan Winder

    Pages (3rd Term) _ Jessica Darnall, Bailey DeJong, Kailey Feiner, Katie Hauser, Christopher Irsfeld, Joslyn Jessop, Abby Jiang, Veronica Kinkler, Shikhar Kumar, Ross Oyler, Olivia Rasmussen, Rebekah Ruby, Marisa Smith, Alexis Willems

    Pages (4th Term) _ Jaclyn Bludorn, Allie Bradsky, Haley Carbajal, Lincoln Gibbs, Faith Houghtaling, Grace Jones, Matt LaFave, Kade Larson, Amanda Neff, Kole Pickner, Madison Sears

    Pages (5th Term) _ Ashton Burke, Lauren Hight, Sophie Kouri, Kelsey Lensegrav, Robert Marlow, Cooper Mueller, Jessie Ristau

    Legislative Interns _ Haley Bryan, Baylee Dittman, Lilli Jasper, Zach Johansen, Lukas Kallas, Stetson Kastengren, Garrett Keegan, Gunnar Lamb, Kay Marrs, Teagan McNary, Danielle Rang, Matthew Remmich, Jenna Schweiss.

    The oath of office was administered by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota, to the following named employees:

    First Assistant to the Chief Clerk _ Mary Lou Goehring

    Second Assistant to the Chief Clerk _ Jackie Driscoll

    Third Assistant to the Chief Clerk _ Shirleen Fugitt

    Chief Chaplain _ John Armstrong

    Sergeant at Arms _ James Smith

    Assistant Sergeant at Arms _ Rollie Borth



    Secretary to the Speaker _ Liz Markley

    Secretary to the Majority Party _ Trudy Qualm

    Secretary to the Minority Party _ Josh Waltjer

            Committee Secretaries _ Shirley Ellwein, Pam Kean, Lori Roberts, Mary Turner

    Pages (1st Term) _ Cheyenne Davis, Arden Koenecke, Austin Lannen, Hunter Lipinski, Nicholas Lust, Hayley Sowers, Aspen Stover, Emma Wilkinson

    Legislative Interns _ Haley Bryan, Baylee Dittman, Lilli Jasper, Zach Johansen, Lukas Kallas, Stetson Kastengren, Garrett Keegan, Gunnar Lamb, Kay Marrs, Teagan McNary, Danielle Rang, Matthew Remmich, Jenna Schweiss.

    Which were subscribed to and placed on file in the office of the Secretary of State.

    Rep. Qualm moved that the permanent joint rules of the Ninety-first Legislative Session with the recommended changes to those joint rules for the Ninety-second Legislative Session as adopted in March, 2016, be adopted as the temporary joint rules for the Ninety-second Legislative Session.

    The question being on Rep. Qualm's motion that the permanent joint rules of the Ninety-first Legislative Session with the recommended changes to those joint rules for the Ninety-second Legislative Session as adopted in March, 2016, be adopted as the temporary joint rules for the Ninety-second Legislative Session.

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson

    Excused:
Greenfield (Lana)

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



    Rep. Qualm moved that the permanent rules of the House of Representatives for the Ninety-first Legislative Session with the recommended changes to those House rules for the Ninety-second Legislative Session as adopted in March, 2016, be adopted as the temporary House rules for the Ninety-second Legislative Session.
        
    The question being on Rep. Qualm's motion that the permanent rules of the House of Representatives for the Ninety-first Legislative Session with the recommended changes to those House rules for the Ninety-second Legislative Session as adopted in March, 2016, be adopted as the temporary House rules for the Ninety-second Legislative Session.

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson

    Excused:
Greenfield (Lana)

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

    Rep. Qualm moved 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 make arrangements for the Joint Session to hear the message of the Governor, the Honorable Dennis Daugaard.

    Which motion prevailed and the Speaker appointed as such committee Reps. Haggar, Kent Peterson, and Bartling.

    Rep. Qualm moved 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 notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and the Speaker appointed as such committee Reps. Haggar, Kent Peterson, and Bartling.



    Rep. Qualm moved 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 make arrangements for the Joint Session to hear the message of the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

    Which motion prevailed and the Speaker appointed as such committee Reps. Qualm, Johns, and Hawley.

    Rep. Qualm moved 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 make arrangements for the Joint Session to hear the message from a Tribal Chairman on the State of the Tribes.

    Which motion prevailed and the Speaker appointed as such committee Reps. Qualm, Kent Peterson, and Hawley.

    Rep. Qualm moved 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 relative to the joint rules for the two houses for the Ninety-second Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Mickelson, Qualm, and Hawley.

    Rep. Qualm moved 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 make arrangements for legislative days for members, officers, and employees of the House and Senate.

    Which motion prevailed and the Speaker appointed as such committee Reps. Rhoden, Beal, and Wismer.

    Rep. Qualm moved 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 for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the House and Senate for the Ninety-second 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.

    Which motion prevailed and the Speaker appointed as such committee Reps. Mickelson, Qualm, and Hawley.


    Rep. Qualm moved 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 for the purpose of selecting chaplains for the Ninety-second Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. McPherson, Glanzer, and Soli.

    Rep. Qualm moved 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 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.

    Which motion prevailed and the Speaker appointed as such committee Reps. DiSanto, Latterell, and Ahlers.

    Rep. Qualm moved that a committee of four on the part of the House be appointed to meet with a committee of three on the part of the Senate to arrange for a memorial recognition of deceased former members of the House and Senate.

    Which motion prevailed and the Speaker appointed as such committee Reps. Stevens, Turbiville, Bartling, and Soli.

    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Wednesday, January 11, the 2nd legislative day.

    Which motion prevailed.

    HCR 1001 Introduced by: Representatives Hawley, Haggar, and Johns and Senators White, Bolin, Cammack, and Sutton at the request of the Executive Board

        A CONCURRENT RESOLUTION, Reappointing Mr. Marty Guindon of Pierre, South Dakota, to the Office of Auditor General.

    WHEREAS, pursuant to the provisions of § 4-2-2, the auditor general shall be appointed by a concurrent resolution of the State Legislature; and

    WHEREAS, the Executive Board of the Legislative Research Council has recommended the reappointment of Marty Guindon of Pierre, South Dakota, to continue in that position:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that Marty Guindon of Pierre, South Dakota, be reappointed to the Office of Auditor General, pursuant to

the provisions of § 4-2-2, for the term of eight years from adoption of this concurrent resolution and until a successor is duly appointed and qualified; and

    BE IT FURTHER RESOLVED, that the secretary of the Senate of the State of South Dakota transmit an enrolled copy of this concurrent resolution to Mr. Guindon, the secretary of state, and the Governor of the State of South Dakota.

    Was read the first time and the Speaker waived the committee referral.

    The Speaker waived the reading of the appointment of the following standing committees:

House Standing Committees_92nd Session
**Denotes Chair
*Denotes Vice-Chair

AGRICULTURE & NATURAL RESOURCES (13)

* *Otten (Herman), * Brunner, Chase, Glanzer, Gosch, Jensen (Kevin), Livermont, Marty, Pischke, Rhoden, Schaefer, Bartling, Lesmeister

APPROPRIATIONS (9)

**Anderson, *Hunhoff, Bartels, Carson, Karr, Lake, Peterson (Sue), Wollmann, Ahlers

COMMERCE & ENERGY (13)

**Rounds, *Zikmund, Beal, Gosch, Greenfield (Lana), Johnson, May, Mills, Pischke, Steinhauer, Willadsen, Hawley, McCleerey

EDUCATION (15)

* *Johns, *Holmes, Brunner, Campbell, Frye-Mueller, Glanzer, Howard, Kettwig, McPherson, Stevens, Tieszen, Tulson, Zikmund, Ring, Smith

GOVERNMENT OPERATIONS & AUDIT (5)

**Hunhoff, *Anderson, Steinhauer, Tieszen, Wismer

HEALTH & HUMAN SERVICES (13)

**Steinhauer, *Heinemann, Campbell, Clark, Conzet, DiSanto, Haugaard, Holmes, McPherson, Rounds, York, McCleerey, Soli

JUDICIARY (13)

** Stevens, *Johns, Haugaard, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville, Bordeaux, Wismer

LEGISLATIVE PROCEDURE (7)

**Mickelson, *Haggar, Lust, Peterson (Kent), Qualm, Stevens, Hawley

LOCAL GOVERNMENT (13)

** Conzet, *Tulson, Greenfield (Lana), Jamison, Kettwig, Marty, Otten (Herman), Reed, Schoenfish, Turbiville, York, Smith, Soli

RETIREMENT LAWS (5)

**Tieszen, *Haggar, Rounds, Ahlers, McCleerey

STATE AFFAIRS (13)

**Rhoden, *Qualm, Beal, DiSanto, Haggar, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent), Rozum, Bartling, Hawley

TAXATION (15)

**Haggar, *Willadsen, Dennert, Duvall, Goodwin, Howard, Jamison, Kaiser, Latterell, Mills, Rasmussen, Rozum, Schoenfish, Ring, Wismer

TRANSPORTATION (13)

**Duvall, *Rasmussen, Chase, Clark, Dennert, Frye-Mueller, Goodwin, Johnson, Livermont, May, Schaefer, Bordeaux, Lesmeister

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 10, 2017.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved.

    That the message of the Governor be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Don Haggar    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee


    Rep. Qualm moved that the report of the Joint-Select Committee relative to arranging the Joint Session to receive the message of the Governor be adopted.

    Which motion prevailed.


Also MR. SPEAKER:

    Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Don Haggar    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee

    Rep. Qualm moved that 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 be adopted.

    Which motion prevailed.

Also MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Chief Justice of the Supreme Court respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 11, 2017.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Chief Justice has been received, the Joint Session be dissolved.


    That the message of the Chief Justice be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Lee Qualm    R. Blake Curd
Timothy Johns    Ryan Maher
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

    Rep. Qualm moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Judiciary message from the Chief Justice of the Supreme Court be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1001 Introduced by: Representatives Johns, Haggar, and Hawley and Senators Cammack, Bolin, Sutton, and White at the request of the Executive Board of the Legislative Research Council

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding prison or jail population cost estimates.

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

    HB 1002 Introduced by: Representatives Soli and Steinhauer at the request of the Interim Committee on Regulation of Nursing and Assisted Living Beds

    FOR AN ACT ENTITLED, An Act to require the Department of Health and Department of Social Services to make an annual report to the Legislature regarding the condition of long-term health care in South Dakota.

    Was read the first time.

    HB 1003 Introduced by: Representatives Steinhauer and Campbell and Senators Netherton and Stalzer at the request of the Interim Committee on Regulation of Nursing and Assisted Living Beds

    FOR AN ACT ENTITLED, An Act to allow nursing facilities to transfer or sell nursing bed capacity.

    Was read the first time.



    HB 1004 Introduced by: Representatives Soli and Steinhauer and Senator Netherton at the request of the Interim Committee on Regulation of Nursing and Assisted Living Beds

    FOR AN ACT ENTITLED, An Act to establish a program to assist nursing and assisted living facilities in recruiting certain health care personnel.

    Was read the first time.

    HB 1005 Introduced by: Representatives Conzet and Bordeaux and Senators Cammack and Haverly at the request of the Legislative Planning Committee

    FOR AN ACT ENTITLED, An Act to require the Legislative Planning Committee to provide oversight to the Board of Regents on issues relating to the university centers.

    Was read the first time and referred to the Joint Committee on Appropriations

    HB 1006 Introduced by: Representative Johns at the request of the Interim Committee on Rules Review

    FOR AN ACT ENTITLED, An Act to revise certain requirements for a public notice of a public meeting.

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

    HB 1007 Introduced by: The Committee on Commerce and Energy at the request of the Bureau of Administration

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding inspection affidavits for amusement rides.

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

    HB 1008 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved real property on behalf of South Dakota State University and to make an appropriation therefor.

    Was read the first time and referred to the Joint Committee on Appropriations


    HB 1009 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept a donation of land from Pennington County for the use and benefit of the South Dakota School of Mines and Technology.

    Was read the first time and referred to the Joint Committee on Appropriations

    HB 1010 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the NSU Regional Science Education Center at Northern State University and to make an appropriation therefor.

    Was read the first time and referred to the Joint Committee on Appropriations

    HB 1011 Introduced by: The Committee on Commerce and Energy at the request of the Public Utilities Commission

    FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certification of financial good standing of utilities.

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

    HB 1012 Introduced by: The Committee on Commerce and Energy at the request of the Public Utilities Commission

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to wind and solar easements.

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

    HB 1013 Introduced by: The Committee on State Affairs at the request of the Department of the Military

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of tuition for members of the South Dakota National Guard and to declare an emergency.

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


    HB 1014 Introduced by: The Committee on Appropriations at the request of the Department of the Military

    FOR AN ACT ENTITLED, An Act to make an appropriation for the purchase of land by the South Dakota Department of the Military for use by the South Dakota Army National Guard and to declare an emergency.

    Was read the first time and referred to the Joint Committee on Appropriations

    HB 1015 Introduced by: The Committee on Commerce and Energy at the request of the South Dakota Housing Development Authority

    FOR AN ACT ENTITLED, An Act to designate the South Dakota Housing Development Authority as the sole statewide public housing agency.

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

    HB 1016 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise the methodology for calculating the cost of living adjustment for South Dakota Retirement System benefits, to revise reporting conditions, and to provide uniform terminology.

    Was read the first time and referred to the Committee on Retirement Laws.

    HB 1017 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise the definition of compensation for purposes of the South Dakota Retirement System, to provide a penalty for falsely reporting compensation, and to update references to the Internal Revenue Code.

    Was read the first time and referred to the Committee on Retirement Laws.

    HB 1018 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise the computation of final average compensation for benefits relating to the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.


    HB 1019 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the salary of the executive director of the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.

    HB 1020 Introduced by: The Committee on State Affairs at the request of the Bureau of Information and Telecommunications

    FOR AN ACT ENTITLED, An Act to authorize background investigations for current and potential employees of the Bureau of Information and Telecommunications and information technology contractors and subcontractors.

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

    HB 1021 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the education provided for children in certain residential treatment centers.

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

    HB 1022 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating to education service agencies.

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

    HB 1023 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

    Was read the first time and referred to the Joint Committee on Appropriations


    HB 1024 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to special assessments.

    Was read the first time and referred to the Joint Committee on Appropriations

    HB 1025 Introduced by: The Committee on State Affairs at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background checks for applicants, licensees, vendors, and employees of the South Dakota Lottery.

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

    HB 1026 Introduced by: The Committee on Commerce and Energy at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to require tracking numbers to be included on the quarterly reports of direct shippers and of wine carriers.

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

    HB 1027 Introduced by: The Committee on Transportation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to allow two-wheeled off-road vehicles that meet certain requirements to be registered and licensed.

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

    HB 1028 Introduced by: The Committee on Judiciary at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the interception of certain communications.

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


    HB 1029 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

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

    HB 1030 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to implement certain vehicle size and weight provisions required by federal law.

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

    HB 1031 Introduced by: The Committee on Commerce and Energy at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain restrictions regarding division directors of the Department of Revenue.

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

    HB 1032 Introduced by: The Committee on Judiciary at the request of the Commission on Child Support

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

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

    HB 1033 Introduced by: The Committee on State Affairs at the request of the Bureau of Human Resources

    FOR AN ACT ENTITLED, An Act to authorize criminal background checks for certain executive branch employees and state contractors and subcontractors.

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


    HB 1034 Introduced by: The Committee on Local Government at the request of the State Board of Elections

    FOR AN ACT ENTITLED, An Act to establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting.

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

    HB 1035 Introduced by: The Committee on Local Government at the request of the State Board of Elections

    FOR AN ACT ENTITLED, An Act to revise and provide certain procedures for filing, certifying, and challenging petitions.

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

    HB 1036 Introduced by: The Committee on Local Government at the request of the State Board of Elections

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning voter registration and notices of boundary changes for local elections.

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

    HB 1037 Introduced by: The Committee on Local Government at the request of the State Board of Elections

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding delegates and alternates to the national convention, nominating petitions, and runoff elections.

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

    HB 1038 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Office of the Secretary of State

    FOR AN ACT ENTITLED, An Act to repeal the requirement for farm corporations to file farm annual reports with the secretary of state.

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


    HB 1039 Introduced by: The Committee on State Affairs at the request of the State Board of Finance

    FOR AN ACT ENTITLED, An Act to authorize certain rule making authority for the State Board of Finance.

    Was read the first time and referred to the Joint Committee on Appropriations

    HB 1040 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to license and regulate community living homes.

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

    HB 1041 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substance schedules and to declare an emergency.

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

    HB 1042 Introduced by: The Committee on Appropriations at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain health care professionals who have complied with the requirements of the recruitment assistance program or the rural health care facility recruitment assistance program and to declare an emergency.

    Was read the first time and referred to the Joint Committee on Appropriations

    HB 1043 Introduced by: The Committee on Health and Human Services at the request of the Board of Pharmacy

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of pharmacy.

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


    HB 1044 Introduced by: The Committee on Health and Human Services at the request of the Board of Pharmacy

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding wholesale drug distributors, to provide for licensure and regulation of outsourcing facilities for certain drugs, and to establish a fee for licensure of outsourcing facilities.

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

    HB 1045 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding credit for reinsurance.

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

    HB 1046 Introduced by: The Committee on State Affairs at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise various trust and trust company provisions.

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

    HB 1047 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to modify the application timeline for state chartered banks and trust companies.

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

    HB 1048 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to exempt natural hair braiding from the practice of cosmetology.

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


    HB 1049 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment.

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

    HB 1050 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the practice of barbering.

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

    HB 1051 Introduced by: The Committee on State Affairs at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to establish and revise certain provisions regarding virtual representation.

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

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:00 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, Dennis Daugaard. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Pastor John Armstrong, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

     Let us pray:

    Merciful God, at the beginning of this new day, we are grateful as individuals and as a State for all the blessings we have been given.


    We ask Your blessing on the Members of this House and Senate as they come together to serve our State. May they anticipate the opportunities and difficulties that will come before them and work together toward solutions that will benefit those living and visiting our State.

    Grant that they be worthy of the responsibilities they have been given and may these walls experience a spirit of respect and dignity. May Your Spirit be in all of our hearts and minds to encourage us to do works of justice and peace now and always.

    May all that we do be done for Your honor and glory. 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; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten, Ernie; Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg.

    The Chief Clerk of the House of Representatives, Arlene Kvislen, called the roll of the House and the following members were present:

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

    Sen. Curd moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.

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

    The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the State of the State Address.

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

    Which motion prevailed.

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