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House of Representatives Journal 2/13/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




TWENTY-FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 13, 2017

    The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor John Armstrong, followed by the Pledge of Allegiance led by House pages Kailey Feiner and Veronica Kinkler.

    Roll Call: All members present except Reps. Carson and McPherson 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 twentieth 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 Committee on State Affairs respectfully reports that it has had under consideration HB1093, 1099, and 1129 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB1133 and returns the same with the recommendation that said bill be amended as follows:

1133cb

    On page 1, line 12, of the printed bill, after "disability" insert ", including dyslexia".

1133ca

    On page 1, line 11, of the printed bill, delete "plan" and insert "policy".

    On page 1, line 12, delete everything after "." .

    On page 1, delete line 13.

    On page 2, delete lines 1 to 15, inclusive.

1133cta

    On page 1, line 1, of the printed bill, delete "plan" and insert "policy".

    And that as so amended said bill do pass.

Respectfully submitted,
Tom Holmes, Vice Chair


Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1004 which was deferred to the 41st Legislative Day.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1170 and returns the same with the recommendation that said bill be amended as follows:

1170wa

    On page 8, line 2, of the printed bill, after "." insert "Any person who knowingly violates §§ 3-23-1 to 3-23-4, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A.".

    On page 13, line 17, after "." insert "Any person who knowingly violates §§ 3-23-6 to 3-23-8, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A.".

    On page 13, after line 24, insert:

"    Section 17. That § 22-30A-11 be amended to read:

    22-30A-11. Any person convicted of theft under § 22-30A-10 for unlawfully obtaining property of this state, of any of its political subdivisions, or of any agency or fund in which the state or its people are interested shall, in addition to the punishment prescribed by § 22-30A-17 and chapter 22-6 and that may also be prescribed under § 3-23-5 or 3-23-9, be disqualified from holding any public office, elective or appointive, under the laws of this state, so long as that person remains a defaulter to this state or any of its political subdivisions, agencies, or funds. ".


    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 1105, 1135, and 1139 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair


Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1179 and returns the same with the recommendation that said bill be amended as follows:

1179wa

    On page 1, line 6, of the printed bill, after "period" insert "or nonresidential loans that exceed in the aggregate three million dollars in a twelve-month period".

    On page 2, line 12, after "period" insert "that do not exceed in the aggregate three million dollars".

    On page 3, line 6, after "period" insert "that do not exceed in the aggregate three million dollars".

    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 1152 and 1181 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1023, 1027, 1029, 1030, 1062, and 1070 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 109, 120, 128, 130, and 164 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary


MOTIONS AND RESOLUTIONS

    Rep. Rhoden moved that the House do concur in Senate amendments to HB 1037.

    The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1037.

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, 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; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; 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; Speaker Mickelson

    Excused:
Carson; McPherson

    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.

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

    Rep. Heinemann moved that SCR 11 as found on page 324 of the Senate Journal be concurred in.

    The question being on Rep. Heinemann's motion that SCR 11 be concurred in.

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, 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; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; 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; York; Zikmund; Speaker Mickelson

    Nays:
Wismer

    Excused:
Carson; McPherson

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 11 was concurred in.

    Rep. May requested a fiscal note on SB 65.

    Which request was supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    House Committee on Appropriations on HB 1063 as found on page 356 of the House Journal; also

    Taxation on HB 1149 as found on page 357 of the House Journal; also

    Agriculture and Natural Resources on HB 1159 as found on page 358 of the House Journal; also

    Joint Committee on Appropriations on HB 1010 as found on page 358 of the House Journal; also

    Transportation on HB 1117 as found on page 359 of the House Journal be adopted.

    Which motion prevailed.


ANNOUNCEMENTS

    The Speaker declared that HB 1146 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 109: FOR AN ACT ENTITLED, An Act to provide certain criteria for meeting the ownership requirements for classifying dwellings as owner-occupied property.

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

    SB 120: FOR AN ACT ENTITLED, An Act to repeal the Legislative Planning Committee.

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

    SB 128: FOR AN ACT ENTITLED, An Act to provide an exception for alcohol manufacturer licensees to participate in certain charitable retail events.

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

    SB 130: FOR AN ACT ENTITLED, An Act to revise provisions regarding the amount licensing agents may collect on the sale of certain licenses and permits for the Department of Game, Fish and Parks.

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

    SB 164: FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding protection orders.

    Was read the second time.


    The question being "Shall HB 1113 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, 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; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; 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; Speaker Mickelson

    Excused:
Carson; McPherson

    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.

    There being no objection, the House proceeded to Order of Business No. 14.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 61: FOR AN ACT ENTITLED, An Act to update, revise, and repeal certain provisions relating to nurse practitioners and nurse midwives.

    Was read the second time.

61fb

    Rep. Conzet moved that SB 61 be amended as follows:

    On page 2, line 12, of the printed bill, delete "one thousand forty" and insert "two thousand".

    On page 4, line 12, delete "one thousand forty" and insert "two thousand".

    On page 4, line 16, delete "one thousand forty" and insert "two thousand".

    Rep. Rounds called for a division of the House.



    The question being on Rep. Conzet's motion that SB 61 be amended.

    And the roll being called:

    Yeas 19, Nays 49, Excused 2, Absent 0

    Yeas:
Anderson; Beal; Chase; Clark; Conzet; Duvall; Glanzer; Haugaard; Heinemann; Johns; Mills; Reed; Rhoden; Rounds; Smith; Stevens; Wiese; York; Speaker Mickelson

    Nays:
Ahlers; Bartels; Bartling; Bordeaux; Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Ring; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Zikmund

    Excused:
Carson; McPherson

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


    The question being "Shall SB 61 pass?"

    And the roll being called:

    Yeas 62, Nays 6, Excused 2, Absent 0

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

    Nays:
Conzet; Duvall; Heinemann; Rounds; Stevens; York

    Excused:
Carson; McPherson

    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.



    SB 48: FOR AN ACT ENTITLED, An Act to provide for the certification of emergency medical responders.

    Was read the second time.

48cb

    Rep. Clark moved that SB 48 be amended as follows:

    On page 2, line 6, of the House Health and Human Services Committee engrossed bill, after "patient" delete "." and insert ";".

    On page 2, delete lines 7 to 9, inclusive.

    Which motion prevailed.

    The question being "Shall SB 48 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, 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; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; 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; Speaker Mickelson

    Excused:
Carson; McPherson

    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.

    There being no objection, the House reverted to Order of Business No. 13.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Rep. Qualm moved that HB 1085 and HJR 1002 be placed to precede HB 1098 on today's calendar.

    Which motion prevailed.

    HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the occupational tax imposed by business improvement districts.

    Was read the second time.

1085wa

    Rep. Lust moved that HB 1085 be amended as follows:

    On page 2, line 15, of the House Local Government Committee engrossed bill, after "may" insert "only".

    Rep. Haggar requested that Joint Rule 5-17 be invoked on HB 1085.

    Which request was supported and HB 1085 with Rep. Lust's pending motion to amend was deferred until Wednesday, February 15, the 23rd legislative day.

    HJR 1002: A JOINT RESOLUTION, To apply for a convention of states under Article V of the Constitution of the United States to impose fiscal restraints on the federal government and limit the power and jurisdiction of the federal government.

    Having had its second reading was up for reconsideration and final passage.

    The question being "Shall HJR 1002 pass?"

    And the roll being called:

    Yeas 28, Nays 40, Excused 2, Absent 0

    Yeas:
Anderson; Beal; DiSanto; Haggar; Haugaard; Heinemann; Jensen (Kevin); Karr; Kettwig; Latterell; Lust; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Reed; Rhoden; Schaefer; Schoenfish; Steinhauer; Wiese; Willadsen; Zikmund; Speaker Mickelson


    Nays:
Ahlers; Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hawley; Holmes; Howard; Hunhoff; Jamison; Johns; Johnson; Kaiser; Lake; Lesmeister; Livermont; McCleerey; Rasmussen; Ring; Rounds; Rozum; Smith; Soli; Stevens; Tieszen; Tulson; Turbiville; Wismer; York

    Excused:
Carson; McPherson

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

    Rep. Qualm moved that the balance of the calendar including HB 1098, 1083, 1118, 1101, 1144, 1073, 1150, 1110, 1087, 1109, 1079, 1116, 1130, 1191, 1106, and 1168 and SB 14, 15, 17, 18, 1, 44, 49, 6, 59, 34, 63, 7, and 19 be deferred to Tuesday, February 14, the 22nd legislative day.

    Which motion prevailed.

ANNOUNCEMENTS

    The Speaker declared that HB 1128 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

    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 1036 and 1057 were delivered to his Excellency, the Governor, for his approval at 10:18 a.m., February 13, 2017.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1023, 1027, 1029, 1030, 1040, 1062, and 1070 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1023: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

    HB 1027: FOR AN ACT ENTITLED, An Act to allow two-wheeled off-road vehicles that meet certain requirements to be registered and licensed.

    HB 1029: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

    HB 1030: FOR AN ACT ENTITLED, An Act to implement certain vehicle size and weight provisions required by federal law.

    HB 1040: FOR AN ACT ENTITLED, An Act to license and regulate community living homes.

    HB 1062: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

    HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensure of physical therapists and physical therapist assistants.

    And signed the same in the presence of the House.


COMMEMORATIONS

    HC 1013 Introduced by: Representative Rozum and Senator Klumb

        A LEGISLATIVE COMMEMORATION, Honoring and congratulating Amanda Christensen of Mitchell, South Dakota, as a 2017 Milken Educator.

    WHEREAS, Amanda Christensen , an elementary school teacher at Longfellow Elementary School, in Mitchell, South Dakota, was chosen as a 2017 Milken Educator;

    WHEREAS, Amanda Christensen dedicates time to work with LifeQuest to help and care for adults with disabilities, and Christensen strives to integrate serving others with classroom studies by helping her students work along side adults with disabilities through practicing reading skills and real world applications;

    WHEREAS, Amanda Christensen tirelessly serves her students, students' parents, colleagues, and community, and she is an enthusiastic and dedicated educator; and

    WHEREAS, Amanda Christensen has earned the respect and admiration of her students and colleagues by continuously going above and beyond the call of duty:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature congratulates and honors Amanda Christensen upon her selection as a 2017 Milken Educator.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:54 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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