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House of Representatives Journal 2/3/2017 01:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




SIXTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 3, 2017

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

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Emily Muirhead and Raegan Winder.

    Roll Call: All members present except Reps. Carson, Kettwig, McPherson, Otten, and Rasmussen who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fifteenth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
G. Mark Mickelson, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1023 and 1062 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
David L. Anderson, Co-Chair


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1136 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1091 and returns the same with the recommendation that said bill be amended as follows:

1091ka

    On page 1, line 7, of the printed bill, delete "National Instant".

    On page 1, line 8, delete "Criminal Background Check" and insert "background investigation, including a criminal history check of available online records, pursuant to § 23-7-7".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill be amended as follows:

1127ka

    On page 2, line 4, of the printed bill, delete "National Instant Criminal Background Check" and insert "a criminal history check of available online records pursuant to § 23-7-7".

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1134 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1045 and returns the same with the recommendation that said bill be amended as follows:

1045wa

    On page 13, line 20, of the printed bill, delete "54-14-16" and insert "58-14-16".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

1060wa

    On page 5, line 23, of the printed bill, after "pursuant" insert "to".

    And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 26 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 1096 and returns the same with the recommendation that said bill be amended as follows:

1096ba

    On page 1 of the printed bill, delete lines 6 to 9, inclusive, and insert:

"

    Any person who, following notice of default, intentionally prevents the enforcement of a secured creditor's security interest in the person's motor vehicle is guilty of a Class 1 misdemeanor.".

    On page 1, delete lines 11 and 12, and insert:

"

    Upon receipt of a signed and notarized affidavit stating the make, model, year, color, and VIN number of the motor vehicle, that notice has been provided to the owner, and that it has been ten days since delivery of the notice the attorney general shall list the motor vehicle as stolen pursuant to § 32-4-1.".

    On page 1, line 15, delete "failing to return" and insert "intentionally preventing the repossession of".

    On page 2, line 1, delete "any".

    On page 2, line 4, after "current" insert "with the creditor".

    On page 2, line 6, delete "a defense to any charge for" and insert ", in addition to any other defense, the following defenses for".

    On page 2, line 6, after "Act" delete "if".

    On page 2, after line 16, insert:

"    Section 6. That the code be amended by adding a NEW SECTION to read:

    For purposes of this Act, notice is a written demand to the owner for the return of a motor vehicle delivered by certified mail or served in the manner for service of process.".

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1100 and returns the same with the recommendation that said bill be amended as follows:

1100ba

    On page 1, line 6, of the printed bill, delete "violence" and insert "abuse".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1102 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1008, 1016, 1017, 1018, 1019, and 1042 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 11, 27, 68, 71, 73, 79, 83, and 86 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary


MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 2 Introduced by: Representatives Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield, Lana; 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; Wiese; Willadsen; Wismer; York; Zikmund.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Ninety-second Legislature of the State of South Dakota to Matthew Bogue, Kayleb Cihak-Brozik, Sara Herman, Grace Homer, Wyatt Jorgensen, Hanna Juelfs, Michael Linngren, Emily Muirhead, Kathlynn Short, Braedon Wallenstein, Raegan Winder.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Ninety-second Legislative Session; and

    WHEREAS, the members of the Ninety-second House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-second Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Rep. Rhoden moved that House Page Resolution 2 be adopted.

    Which motion prevailed and the resolution was adopted.

    Rep. Qualm moved that HCR 1007 be deferred to Tuesday, February 7, the 18th legislative day.

    Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEES

    Rep. Qualm moved that the reports of the Standing Committees on

    Health and Human Services on SB 48 as found on page 264 of the House Journal; also

    Health and Human Services on HB 1044 as found on page 264 of the House Journal; also

    Health and Human Services on HB 1084 as found on page 265 of the House Journal; also

    Agriculture and Natural Resources on HB 1095 as found on page 266 of the House Journal; also

    Transportation on HB 1055 as found on page 267 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1204 Introduced by: The Committee on State Affairs

    FOR AN ACT ENTITLED, An Act to authorize the production and sale of industrial hemp.

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

    HB 1205 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate in Rapid City and to provide for the deposit of the proceeds.

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

    HB 1206 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Aurora County and to provide for the deposit of the proceeds.

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



    HB 1207 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of certain real estate at the South Dakota Development Center.

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

    HB 1208 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota Veterans' Home and to provide for the deposit of the proceeds.

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

    HB 1209 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the STAR Academy and to provide for the deposit of the proceeds.

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

    HB 1210 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Minnehaha County and to provide for the deposit of the proceeds.

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

    HB 1211 Introduced by: The Committee on Judiciary at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to provide for a grace period after the expiration of a permit and a warning ticket for carrying a concealed pistol while in possession of an expired permit.

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Fair Commission and the administration of the fairgrounds and to declare an emergency.

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

    SB 27: FOR AN ACT ENTITLED, An Act to prohibit certain direct conflicts of interest by public officials and to provide a penalty therefor.

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

    SB 68: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage sampling provisions.

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

    SB 71: FOR AN ACT ENTITLED, An Act to revise certain provisions of the reinvestment payment program.

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

    SB 73: FOR AN ACT ENTITLED, An Act to provide a special tribal veteran license plate for certain motor vehicles.

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

    SB 79: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the display of motorcycle license plates.

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

    SB 83: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the criteria for informal adjustment for any apparent child in need of supervision.

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


    SB 86: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the deposit of county funds.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 62: FOR AN ACT ENTITLED, An Act to correct the county boundary description for Mellette County.

    Was read the second time.

    The question being "Shall SB 62 pass?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

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

    Excused:
Carson; Kettwig; McPherson; Otten (Herman); Rasmussen

    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.

    Rep. Qualm moved that the balance of the calendar including HB 1077, 1094, 1071, 1112, 1065, 1080, 1061, 1052, 1068, 1081, 1066, 1078, 1097, and 1088 and SB 14, 15, 17, 18, 1, 44, and 49 be deferred to Monday, February 6, the 17th legislative day.

    Which motion prevailed.

    There being no objection, the House reverted to Order of Business No. 5.


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1025, 1033, and 1049 were delivered to his Excellency, the Governor, for his approval at 9:03 a.m., February 3, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008, 1016, 1017, 1018, 1019, and 1042 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1008: 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.

    HB 1016: 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.

    HB 1017: 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.

    HB 1018: FOR AN ACT ENTITLED, An Act to revise the computation of final average compensation for benefits relating to the South Dakota Retirement System.

    HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the salary of the executive director of the South Dakota Retirement System.

    HB 1042: 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.


    SB 45: FOR AN ACT ENTITLED, An Act to remove an outdated reference from the definition of an accredited prevention or treatment facility.

    And signed the same in the presence of the House.

COMMEMORATIONS

    HC 1010 Introduced by: Representatives Hawley, Ahlers, Anderson, Bartels, Bartling, Beal, Brunner, Campbell, Chase, Clark, Conzet, Dennert, DiSanto, Frye-Mueller, Glanzer, Gosch, Greenfield (Lana), Haggar, Haugaard, Heinemann, Holmes, Howard, Hunhoff, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Lake, Latterell, Lesmeister, Livermont, Marty, McCleerey, McPherson, Otten (Herman), Peterson (Kent), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Rounds, Rozum, Schoenfish, Smith, Soli, Steinhauer, Stevens, Tieszen, Tulson, Turbiville, Wiese, Willadsen, Wismer, York, and Zikmund and Senators Sutton, Bolin, Cammack, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Rusch, Russell, Soholt, Solano, Stalzer, Tapio, Tidemann, White, and Youngberg

        A LEGISLATIVE COMMEMORATION, Commending and honoring the 2016 Habitat for Humanity-South Dakota Habitat Supporters of the Year.

    WHEREAS, Habitat for Humanity-South Dakota recently celebrated the hard work and volunteerism of the eleven local Habitat for Humanity affiliates throughout South Dakota by recognizing the work of the Habitat Supporters of the Year at the 2016 Fundraiser and Recognition Banquet; and

    WHEREAS, Habitat for Humanity throughout South Dakota has now achieved another milestone with the construction of the five hundred and tenth Habitat home in South Dakota, construction that results from the generosity of countless volunteers as well as many sweat equity hours contributed by the homeowner families; and

    WHEREAS, it is fitting and proper that the South Dakota Legislature acknowledge the selfless work of these Habitat Supporters of the Year toward the goal of creating affordable housing and eliminating poverty housing in South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the following have achieved the distinction of Habitat for Humanity Supporters of the Year for 2016 in South Dakota: Beadle County Habitat for Humanity - Jim Cameron; Black Hills Area Habitat for Humanity - Fountain Springs Church;
Brookings Area Habitat for Humanity - Steven and Frances Gylling; Habitat for Humanity of Greater Sioux Falls - Deb Larson; Hub Area Habitat for Humanity - Rose Kirchgesler; Mitchell Regional Habitat for Humanity - Lori Baye; Oahe Habitat for Humanity - Jim Glover; Habitat for Humanity of Greater Watertown Region - KXLG 99. l FM Radio; Habitat for Humanity of Clay & Yankton County - Merle & Gena Brandt; Habitat for Humanity of Clay & Yankton

County- First Dakota National Bank; Habitat for Humanity South Dakota - Superior Homes, LLC.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:35 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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