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House of Representatives Journal 2/9/2017 01:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




TWENTIETH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 9, 2017

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

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Abby Jiang.

    Roll Call: All members present except Reps. Carson, Conzet, Karr, Lust, Rozum, and York 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 nineteeth 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 House Committee on Appropriations respectfully reports that it has had under consideration SB 34 and 63 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1063 and returns the same with the recommendation that said bill be amended as follows:

1063aa

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 5-14-20 be repealed.

    5-14-20. A special assessment or interest and penalties which affects and is assessed against property of the Department of Game, Fish and Parks or the Department of Transportation shall be paid from money available to the respective department which has property affected. In all other cases special assessments or interest and penalties thereon shall be paid by the Bureau of Administration from money appropriated for the purpose with the exception of those projects which incur a special assessment equal to or greater than twenty thousand dollars. Those projects shall be approved by the Bureau of Administration and then shall be presented in the regular annual budget process by the respective department, agency, board, or commission which has property affected. In each fiscal year, the sum of eighty thousand dollars, or so much thereof as may be necessary, is annually appropriated from the general fund to meet those assessments, interest, and penalties which are less than twenty thousand dollars. "


1063ata

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "repeal certain provisions relating to the payment of special assessments.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1024 which was tabled.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1191 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1106 and SB 7 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill be amended as follows:

1149ma

    On page 1, line 5, of the printed bill, delete "thirteen" and insert "fourteen".

    On page 1, line 6, delete "thirteen" and insert "fourteen".

    On page 1, line 7, delete "thirteen" and insert "fourteen".

    And that as so amended said bill do pass.

Respectfully submitted,
Don Haggar, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1168 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill be amended as follows:

1159fb

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 40-1-41 be repealed.

    40-1-41. A veterinarian licensed in the State of South Dakota shall be in attendance during any portion of an investigation of a commercial breeding operation that is conducted on the premises of the commercial breeding operation. For purposes of this section the term, commercial breeding operation, means any person engaged in the business of breeding dogs or cats who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by the person. Any person who owns or harbors three or fewer unaltered dogs or cats for breeding purposes that are at least six months of age is not a commercial breeding operation. Any person who sells, exchanges, or leases thirty or fewer dogs or cats in a twelve-month period is not a commercial breeding operation if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. Any person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading is a commercial breeding operation. "


    And that as so amended said bill do pass.

Respectfully submitted,
Thomas Brunner, Vice Chair

Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1010 and returns the same with the recommendation that said bill be amended as follows:

1010za

    On page 2, line 7, of the printed bill, after "Act." insert "However, any adjustments to construction cost estimates for the project may not exceed one hundred twenty-five percent of the estimated project construction cost stated in section 1 of this Act.".

    And that as so amended said bill do pass.

Respectfully submitted,
David L. Anderson, Co-Chair
Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1075, 1132, and 1167 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Burt Tulson, Vice Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1117 and returns the same with the recommendation that said bill be amended as follows:

1117ja

    On page 1, line 5, of the printed bill, overstrike "Any" and insert "Notwithstanding § 32-14-15, any".

    On page 1, line 7, overstrike "jurisdiction" and insert "platted boundaries".

    On page 1, delete lines 13 to 15, inclusive.

    On page 2, delete lines 1 to 3, inclusive.

1117ota

    On page 1, line 1, of the printed bill, delete "and repeal" and insert "certain".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1140 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mary Duvall, Chair


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SCR 11 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 19, 66, 81, 93, 118, 123, 131, and 154 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1037 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Steinhauer moved that the House do concur in Senate amendments to HB 1040.

    The question being on Rep. Steinhauer's motion that the House do concur in Senate amendments to HB 1040.

    And the roll being called:

    Yeas 58, Nays 6, Excused 6, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; DiSanto; Duvall; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; May; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; Zikmund; Speaker Mickelson

    Nays:
Dennert; Frye-Mueller; Goodwin; Howard; Marty; Pischke


    Excused:
Carson; Conzet; Karr; Lust; Rozum; York

    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.

    Yesterday, Rep. Latterell announced his intention to reconsider the vote by which HJR 1002 lost.

    Rep. Latterell moved that the House do now reconsider the vote by which HJR 1002 lost.

    The question being on Rep. Latterell's motion to reconsider the vote by which HJR 1002 lost.

    And the roll being called:

    Yeas 38, Nays 26, Excused 6, Absent 0

    Yeas:
Ahlers; Anderson; Beal; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Howard; Jamison; Jensen (Kevin); Johnson; Kettwig; Latterell; Livermont; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Schaefer; Schoenfish; Steinhauer; Tieszen; Tulson; Wiese; Willadsen; Zikmund; Speaker Mickelson

    Nays:
Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Duvall; Glanzer; Hawley; Holmes; Hunhoff; Johns; Kaiser; Lake; Lesmeister; McCleerey; McPherson; Reed; Ring; Rounds; Smith; Soli; Stevens; Turbiville; Wismer

    Excused:
Carson; Conzet; Karr; Lust; Rozum; York

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HJR 1002 was up for reconsideration and final passage.

    The Speaker placed HJR 1002 on today's calendar.

    SCR 11: A CONCURRENT RESOLUTION, Opposing physician-assisted suicide.

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



CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on HB 1130 as found on page 340 of the House Journal; also

    Judiciary on HB 1113 as found on page 341 of the House Journal be adopted.

    Which motion prevailed.

ANNOUNCEMENTS

    The Speaker declared that HB 1201 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Brunner requested that HB 1098 be removed from the Consent Calendar.

    Which request was granted.

    There being no objection, the House reverted to Order of Business No. 11.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 19: FOR AN ACT ENTITLED, An Act to establish for the Board of Regents and its institutions a fund for the receipt and disbursement of federal grants and contracts and a fund for the receipt and disbursement of other grants and contracts and to make an appropriation therefor.

    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    SB 66: FOR AN ACT ENTITLED, An Act to specifically classify certain agricultural land as riparian buffer strips, to establish the criteria for the riparian buffer strip classification, and to provide for the taxation thereof.

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



    SB 81: FOR AN ACT ENTITLED, An Act to prohibit the manufacture, sale, or possession of alcohol in a powdered, condensed, or other concentrated form under most circumstances.

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

    SB 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding marriage license fees.

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

    SB 118: FOR AN ACT ENTITLED, An Act to allow for special motor vehicle license plates depicting the Dignity sculpture.

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

    SB 123: FOR AN ACT ENTITLED, An Act to revise the area where certain nonresident waterfowl licenses may be issued.

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

    SB 131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the period of time certain persons are prohibited from lobbying after leaving office.

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

    SB 154: FOR AN ACT ENTITLED, An Act to require the Department of Transportation to utilize native plants on new or remodeled state properties at rest areas as landscape.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Rep. Qualm moved that the balance of the calendar including HB 1083, 1118, 1101, 1144, 1073, 1150, 1110, 1087, 1109, 1079, 1085, and 1116 and HJR 1002 and SB 14, 15, 17, 18, 1, 44, 49, 48, 6, 59, and 65 be deferred to Monday, February 13, 2017, the 21st 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 1012, 1021, 1046, and 1051 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 9, 2017.

Respectfully submitted,
G. Mark Mickelson, Chair

COMMUNICATIONS AND PETITIONS

February 9, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 9, 2017, I approved House Bills 1008, 1009, 1011, 1016, 1017, 1018, 1019, 1022, 1025, 1033, 1039, 1042, and 1049, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

COMMEMORATIONS

    HC 1012 Introduced by: Representatives Hunhoff and Stevens and Senator Kennedy

        A LEGISLATIVE COMMEMORATION, Honoring and commending Beth Kaltsulas as Yankton School District Teacher of the Year.

    WHEREAS, Beth Kaltsulas, a sixth grade math teacher for the Yankton School District, has been awarded Yankton School District Teacher of the Year;

    WHEREAS, Beth Kaltsulas has dedicated more than thirty-one and one half years to the teaching profession, thirty-one years in the Lennox School District, and a half year in Butte, Nebraska. She has served in a multitude of roles throughout the years and strives to create classrooms where a student will experience a sense of community, enjoy learning, and feel confident; and

    WHEREAS, Beth Kaltsulas's greatest contribution to the education profession is her love of students and commitment to her work:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature commends and honors Beth Kaltsulas for her selection as Yankton School District Teacher of the Year.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:45 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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