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House of Representatives Journal 2/21/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




TWENTY-FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 21, 2017

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

    The prayer was offered by the Chaplain, Rev. Kimberly LaPlante, followed by the Pledge of Allegiance led by House page Jaclyn Bludorn.

    Roll Call: All members present except Rep. Carson who was 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 twenty-fourth 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.
    The oath of office was administered by Speaker Mickelson to the following named pages:

    Jaclyn Bludorn, Allie Bradsky, Haley Carbajal, Lincoln Gibbs, Faith Houghtaling, Grace Jones, Matt LaFave, Kade Larson, Amanda Neff, Kole Pickner, Madison Sears.

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

HONORED GUESTS


    Speaker Mickelson introduced the Honorable Kristi Noem, United States Representative from South Dakota, who spoke briefly.

    Rep. Kaiser introduced Brianna Palmer from Warner, the 2017 South Dakota Snow Queen, and Emma Storley from Britton, the 2017 Jr. South Dakota Snow Queen.

    Speaker Mickelson introduced Sarah Carter, a member of the Stanley County School District Board of Education, as the Associated School Boards of South Dakota Outstanding School Board Member for 2016.

    Speaker Mickelson introduced Aberdeen School District Board of Education, as the Associated School Boards of South Dakota Outstanding School Board for 2016.

COMMUNICATIONS AND PETITIONS

February 17, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 17, 2017, I approved House Bills 1007, 1015, 1023, 1026, 1027, 1029, 1031, 1038, 1040, and 1062, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 11 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 SB 12 and 13 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1176, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1176ab

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

"    Section 1. That § 35-5-22 be amended to read:

    35-5-22. Twenty-five Twelve and one-half percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the municipalities. Each municipality's share of the fund shall be determined by the ratio of the population of each municipality to the total population of all the municipalities sharing in the receipts. The Department of Revenue shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the finance officer of each municipality its share of the fund. The amount received by each municipality shall be deposited in the municipality's general fund.


    Section 2. That § 35-5-22.2 be amended to read:

    35-5-22.2. Twenty-five Twelve and one-half percent of all of the revenues deposited in the alcoholic beverage fund shall revert to the counties. Twenty-five percent of such alcoholic beverage fund so distributed to counties shall be divided equally by all counties. The remaining seventy-five percent shall be allocated to counties by the ratio of the population of each county to the total population of all the counties sharing in the receipts. The Department of Revenue shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the county auditor of each county its share of the fund. The amount received by each county shall be deposited in the county's general fund to be dedicated to expenses related to county law enforcement, jails, state's attorneys, public defenders, and court-appointed attorneys.

    Section 3. That § 32-5-9.3 be amended to read:

    32-5-9.3. In addition to the license fee in § 32-5-9.1, there shall be assessed on each snowmobile registered a three four percent excise tax on the purchase price less trade difference. The fee and tax shall be collected pursuant to § 32-20A-15. Failure to pay the full amount of tax due is a Class 2 misdemeanor.

    Section 4. That § 32-3A-50 be amended to read:

    32-3A-50. In addition to all other fees, a person shall pay an excise tax at the rate of three four percent on the purchase price of any large boat, purchased or acquired for use on the waters of this state and required to be registered under the laws of this state. This tax shall be in lieu of any tax levied by chapters 10-45 and 10-46 on the sales of such large boats. Failure to pay the full amount of excise tax is a Class 1 misdemeanor.

    Section 5. There is hereby appropriated one dollar ($1) or so much thereof as may be necessary, from the state general fund to the special revenue fund for purposes of the redistribution calculation of the taxes collected in chapter 35.

    Section 6. That this Act be effective until June 30, 2018.".


1176atb

    On page 1, line 2, of the printed bill, after "Revenue" insert "and to increase certain excise taxes and to make an appropriation thereof.".

    And that as so amended said bill be referred to the Joint Committee on Appropriations.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1199 which was tabled.



Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1172 which was deferred to the 41st Legislative Day.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 64 and 146 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Kristin A. Conzet, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 79 and 118 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 73 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mary Duvall, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HCR 1007 in which the Senate has concurred.



Also MR. SPEAKER:

    I have the honor to return herewith HB 1013, 1066, 1136, and 1161 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1127 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 143 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HCR 1008: A CONCURRENT RESOLUTION, Urging Congress to develop a funding formula for the United States Department of Health and Human Services and the Indian Health Service that accurately reflects the true needs of various Indian Health Service regions.

    Rep. Lesmeister moved that HCR 1008 as found on page 270 of the House Journal be adopted.

    The question being on Rep. Lesmeister's motion that HCR 1008 be adopted.

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, 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; 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; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson


    Excused:
Carson

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was adopted.

    Rep. Jensen moved that the Committee on Judiciary be instructed to deliver HB 1135 to the floor of the House, pursuant to Joint Rule 7-7.

    Which motion was supported and the committee was so instructed.

    Rep. Qualm moved that HB 1176 be referred from the House Committee on Appropriations to the Joint Committee on Appropriations.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on HB 1195 as found on page 415 of the House Journal; also

    Local Government on HB 1185 as found on page 416 of the House Journal; also

    Local Government on HB 1187 as found on page 416 of the House Journal be adopted.

    Which motion prevailed.

ANNOUNCEMENTS

    The Speaker declared that HB 1154 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 143: FOR AN ACT ENTITLED, An Act to create an off-sale delivery license and to allow certain off-sale licensees to deliver alcohol.

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



SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1165: FOR AN ACT ENTITLED, An Act to provide for annually updated financial interest statements for any person elected to federal, statewide, or local office.

    Was read the second time.

    The question being "Shall HB 1165 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, 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; 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; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson

    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 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 second time.

    The question being "Shall SB 109 pass?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, 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; 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; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson

    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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1010: 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 second time.

    The question being "Shall HB 1010 pass as amended?"

    And the roll being called:

    Yeas 60, Nays 9, Excused 1, Absent 0

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

    Nays:
Brunner; Frye-Mueller; Haugaard; Howard; Latterell; Livermont; Marty; May; Pischke

    Excused:
Carson


    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

    HB 1130: FOR AN ACT ENTITLED, An Act to revise certain provisions that provide transparency and public comment for ballot measures and amendments to the Constitution.

    Was read the second time.

1130wc

    Rep. Haggar moved that HB 1130 be amended as follows:

    On page 1, line 14, of the House State Affairs Committee engrossed bill, delete everything after "from" and insert "any person who is registered to vote in South Dakota".

    On page 2, line 1, delete "the state".

    On page 2, line 3, delete "registered voters who reside in the state" and insert "any person who is registered to vote in South Dakota".

    On page 2, line 4, after "." insert "Any person who submits a written comment to the secretary of state shall include the registered voter's name, address, city, and state.".

    On page 2, line 12, overstrike "at least one" and insert "no later than December first during the".

    On page 3, line 4, delete everything after "from" and insert "any person who is registered to vote in South Dakota".

    On page 3, line 5, delete "in the state".

    On page 3, line 7, delete "registered voters who reside in the state" and insert "any person who is registered to vote in South Dakota".

    On page 3, line 8, after "." insert "Any person who submits a written comment to the secretary of state shall include the registered voter's name, address, city, and state.".

    On page 3, line 18, overstrike "at least one" and insert "no later than December first during the".

    On page 5, line 11, after "(10)" insert "Conduct a public hearing to review the draft of each initiated measure or initiated amendment to the constitution that is submitted to appear on the ballot for the next general election. The draft review hearing shall occur before any petition for an initiated measure or initiated amendment to the constitution is circulated for signatures. The Legislative Research Council shall present an overview of any written comments provided to the sponsors of the initiated measure or initiated amendment to the constitution; and

            (11)".

    On page 6, line 4, delete "registered voters who reside in the state" and insert "any person who is registered to vote in South Dakota".

    Which motion prevailed.

    The question being "Shall HB 1130 pass as amended?"

    And the roll being called:

    Yeas 37, Nays 32, Excused 1, Absent 0

    Yeas:
Anderson; Bartels; Beal; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Holmes; Jamison; Jensen (Kevin); Johnson; Latterell; Livermont; Marty; May; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Schaefer; Steinhauer; Tulson; Wiese; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Bordeaux; Chase; Conzet; Duvall; Hawley; Howard; Hunhoff; Johns; Kaiser; Karr; Kettwig; Lake; Lesmeister; Lust; McCleerey; McPherson; Mills; Otten (Herman); Reed; Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Stevens; Tieszen; Turbiville; Willadsen; Wismer

    Excused:
Carson

    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.

    HB 1211: 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 second time.

    Rep. Qualm moved that HB 1211 be deferred to Wednesday, February 22, the 26th legislative day.

    Which motion prevailed.


    HB 1191: FOR AN ACT ENTITLED, An Act to require cooperation with the Division of Child Support as a condition of eligibility for the SNAP program.

    Was read the second time.

    The question being "Shall HB 1191 pass?"

    And the roll being called:

    Yeas 57, Nays 12, Excused 1, Absent 0

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

    Nays:
Ahlers; Bartling; Bordeaux; Hawley; Lesmeister; McCleerey; Pischke; Rasmussen; Ring; Smith; Soli; Wismer

    Excused:
Carson

    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.

    HB 1106: FOR AN ACT ENTITLED, An Act to create a leased residential property classification.

    Was read the second time.

1106ba

    Rep. Ring moved that HB 1106 be amended as follows:

    On page 2, line 9, of the printed bill, after "certificate" insert "on an annual basis".

    On page 2, line 16, after "fifteenth" insert "each year and on the certificate list the average rent for the property and average occupancy rate for the previous year".

    Which motion lost.

    The question being "Shall HB 1106 pass?"

    And the roll being called:

    Yeas 32, Nays 36, Excused 2, Absent 0

    Yeas:
Ahlers; Bartels; Chase; Clark; DiSanto; Duvall; Glanzer; Haggar; Haugaard; Hawley; Jamison; Jensen (Kevin); Kaiser; Karr; Latterell; McPherson; Mills; Otten (Herman); Peterson (Sue); Pischke; Reed; Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Tulson; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Anderson; Bartling; Beal; Bordeaux; Brunner; Campbell; Conzet; Dennert; Frye-Mueller; Goodwin; Greenfield (Lana); Heinemann; Holmes; Howard; Hunhoff; Johns; Johnson; Kettwig; Lake; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Peterson (Kent); Qualm; Rasmussen; Rhoden; Ring; Schaefer; Stevens; Tieszen; Turbiville; Wiese; Wismer

    Excused:
Carson; Gosch

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

    Speaker Pro tempore Haggar now presiding.

    HB 1184: FOR AN ACT ENTITLED, An Act to exempt certain persons working in postsecondary technical institutes from collective bargaining provisions.

    Was read the second time.

    The question being "Shall HB 1184 pass?"

    And the roll being called:

    Yeas 54, Nays 14, Excused 2, Absent 0

    Yeas:
Anderson; Bartels; Beal; Brunner; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haggar; Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson


    Nays:
Ahlers; Bartling; Bordeaux; Campbell; Hawley; Johns; Lesmeister; McCleerey; Ring; Schoenfish; Smith; Soli; Tieszen; Wismer

    Excused:
Carson; Gosch

    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.

    HB 1168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding nonresident waterfowl licenses.

    Was read the second time.

1168jd

    Rep. Marty moved that HB 1168 be amended as follows:

    On page 1, line 11, of the printed bill, overstrike "land".

    On page 1, delete line 12, and insert "acquisition and development Department of Game, Fish and Parks fund. The, and the moneys from this fund collected shall be used to acquire by".

    On page 1, line 13, overstrike everything before "." and insert "for wildlife depredation".

    A roll call vote was requested and supported.

    The question being on Rep. Marty's motion that HB 1168 be amended.

    And the roll being called:

    Yeas 36, Nays 32, Excused 2, Absent 0

    Yeas:
Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Greenfield (Lana); Haggar; Haugaard; Howard; Jamison; Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; Marty; May; McPherson; Peterson (Sue); Rasmussen; Reed; Rhoden; Ring; Schaefer; Smith; Tulson; Wiese; York


    Nays:
Ahlers; Anderson; Bartels; Beal; Conzet; Glanzer; Hawley; Heinemann; Holmes; Hunhoff; Jensen (Kevin); Johns; Karr; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Pischke; Qualm; Rounds; Rozum; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Turbiville; Willadsen; Wismer; Zikmund; Speaker Mickelson

    Excused:
Carson; Gosch

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

1168xa

    Rep. Dennert moved that HB 1168 be further amended as follows:

    On page 1, line 10, of the printed bill, delete "five" and insert "four".

    Rep. Rounds requested that Joint Rule 5-17 be invoked on HB 1168.

    Which request was not supported.

    Which Rep. Dennert's motion lost.

    The question being "Shall HB 1168 pass as amended?"

    And the roll being called:

    Yeas 24, Nays 44, Excused 2, Absent 0

    Yeas:
Ahlers; Bordeaux; Brunner; Campbell; Clark; DiSanto; Goodwin; Greenfield (Lana); Haggar; Haugaard; Jamison; Johnson; Lake; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Qualm; Rhoden; Schaefer; Smith; Speaker Mickelson

    Nays:
Anderson; Bartels; Bartling; Beal; Chase; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jensen (Kevin); Johns; Kaiser; Karr; Kettwig; Lust; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Rasmussen; Reed; Ring; Rounds; Rozum; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

    Excused:
Carson; Gosch



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

    Rep. Qualm moved that the balance of the calendar including HB 1063, 1149, 1159, 1117, 1133, 1170, 1179, 1107, 1072, 1074, 1141, 1196, 1143, 1155, 1090, 1092, 1205, 1206, 1207, 1208, 1209, and 1204 and SB 14, 15, 17, 18, 1, 44, 49, 6, 59, 34, 63, 7, 19, 36, 69, 70, and 66 be deferred to Wednesday, February 22, the 26th legislative day.

    Which motion prevailed.

    Speaker Mickelson now presiding.

ANNOUNCEMENTS

    The Speaker declared that HB 1121 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 1055 was delivered to his Excellency, the Governor, for his approval at 11:35 a.m., February 21, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1013, 1066, 1136, and 1161 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair


SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1013: 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.

    HB 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permits for the sale of certain trailers, motorcycles, and other vehicles.

    HB 1136: FOR AN ACT ENTITLED, An Act to revise certain election recount provisions.

    HB 1161: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain township, municipal, and school district fiscal reports to be submitted to county auditors.

    SB 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state geologist.

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

    And signed the same in the presence of the House.

COMMEMORATIONS

    HC 1016 Introduced by: Representatives Hunhoff and Stevens and Senator Kennedy

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

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

    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 the South Dakota Teacher of the Year.

    HC 1017 Introduced by: Representatives Marty, 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, May, McCleerey, 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, and Zikmund and Senators Jensen (Phil), Kennedy, Klumb, Monroe, Otten (Ernie), and Youngberg

        A LEGISLATIVE COMMEMORATION, Posthumously honoring the life, character, and achievements of Bob Hanson.

    WHEREAS, Bob Hanson grew up and studied in South Dakota before serving in World War II with the 15th Horse Cavalry at Ft. Riley, Kansas, riding and training horses, and then serving with the 15th Mechanized Calvary Reconnaissance Squadron in France, where his armored vehicle came under artillery fire, and he was severely burned and wounded; and

    WHEREAS, after being captured and treated for crippling injuries by German troops, Hanson spent nine months as a prisoner of war before returning to the United States and eventually being awarded the French Legion of Honor Medal, the highest honor bestowed in France, on June 19, 2015; and

    WHEREAS, Bob Hanson spent the remainder of his days taking care of his wife Donna and their three sons; displaying his blacksmith skills in his shop in Bison, South Dakota; guiding prairie dog hunters; raising and training horses; hunting; serving as an EMT and CPR instructor; and inspiring everyone he encountered with his optimism and work ethic; and

    WHEREAS, we pray that our Heavenly Father may ease the anguish of his family's and friends' grief and leave them only the cherished memory of Bob Hanson, a war hero and hardworking man of the land:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature posthumously honors, commends, and remembers Bob Hanson for his service to the people of South Dakota and the United States of America. In token of South Dakota's common perpetual grief at his loss, this commemoration is enrolled and appropriately immortalized for posterity.


    HC 1018 Introduced by: Representatives Schoenfish, Hawley, Holmes, Lesmeister, Mickelson, Reed, Ring, Rozum, Stevens, and Tulson and Senators Frerichs, Kennedy, Klumb, Kolbeck, Rusch, Solano, Stalzer, and Youngberg

        A LEGISLATIVE COMMEMORATION, Recognizing Rev. Dr. Donald C. Simmons, Jr. for his exemplary service to the State of South Dakota.

    WHEREAS, Dr. Simmons served as executive director of the South Dakota Humanities Council from 2001-2006, founded the South Dakota Center for the Book and its signature event the South Dakota Festival of Books, and served as the founding full-time director of the George McGovern Center for Public Service and Leadership and the McGovern Legacy Museum from 2006-2013; and

    WHEREAS, Dr. Simmons was twice elected city councilman by the citizens of Egan and
was appointed by Governor Rounds and Governor Daugaard to serve on the South Dakota Board of Nursing and the State Historical Society Board of Trustees; and

    WHEREAS, Dr. Simmons produced the film Hungry for Green, which aired nationally on public television, and is a prolific writer, including publishing poetry in South Dakota Magazine and Pasque Petals, the official literary magazine of the South Dakota Poetry Society, and with Dr. Jon Lauck and Dr. John Miller, published two volumes of edited books on South Dakota political culture titled The Plains Political Tradition; and

    WHEREAS, Dr. Simmons attended Sioux Falls Seminary, holds a Certificate of Ministry from Baylor University, and now serves as a United Methodist pastor, and previously served as Dean of Public Service and Leadership at Dakota Wesleyan University, full-professor, department chairman, and assistant baseball coach; and

    WHEREAS, Dr. Simmons has mentored many public servants across South Dakota while teaching at Dakota Wesleyan University, University of Sioux Falls, and South Dakota State University, including members and staff of this legislative body:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Rev. Dr. Donald C. Simmons, Jr. be commemorated for his service to, and promotion of, the people and culture of South Dakota.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:34 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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