JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




FOURTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 29, 2019

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

    The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of Allegiance led by House pages Braden Bury and Jalen Fast.

    Roll Call: All members present.

    The oath of office was administered by Speaker Haugaard to the following employee:

    Assistant Sergeant at Arms - Mike Fugitt

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

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 thirteenth 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,
Steven G. Haugaard, Chair

    Which motion prevailed.    

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1002, 1005, and 1017 were delivered to her Excellency, the Governor, for her approval at 9:35 a.m., January 29, 2019.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1014, 1015, and 1031 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1073 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 33 which was tabled.

Respectfully submitted,
Thomas J. Brunner, Chair


Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 30 and 32 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be referred to the House Committee on Appropriations.

Respectfully submitted,
Kevin D. Jensen, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1075 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 HB 1115 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Herman Otten, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 44 which has passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1014 and 1015 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HCR 1001: A CONCURRENT RESOLUTION, Supporting the Governor's efforts to fuel the state fleet with premium E-30 fuel.

    Was read the second time.


    Rep. Perry moved that HCR 1001 as found on page 145 of the House Journal be adopted as amended on page 181 of the House journal.

    The question being on Rep. Perry's motion that HCR 1001 be adopted as amended.

    And the roll being called:

    Yeas 67, Nays 3, Excused 0, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Johns; Livermont; Rounds

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted as amended.

    Rep. Kevin Jensen moved that HB 1060 be referred from the Committee on Health and Human Services to the House Committee on Appropriations.

    Which motion prevailed.



FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1176 Introduced by: Representatives Duvall, Rasmussen, and Wiese and Senators Soholt, DiSanto, Foster, Langer, Sutton, and Wismer

    FOR AN ACT ENTITLED, An Act to provide for the regulation of saline tattoo removal by municipalities.

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

    HB 1177 Introduced by: Representatives Frye-Mueller, Brunner, and Pischke and Senators Nelson, DiSanto, Jensen (Phil), and Russell

    FOR AN ACT ENTITLED, An Act to require the performance of an ultrasound prior to an abortion.

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

    HB 1178 Introduced by: Representatives Qualm, Anderson, Chaffee, Duvall, Finck, Gosch, Howard, Livermont, Marty, Otten (Herman), Perry, Peterson (Kent), Randolph, and Rounds and Senators Greenfield (Brock), Blare, Cronin, Klumb, Langer, Maher, and Otten (Ernie)

    FOR AN ACT ENTITLED, An Act to revise provisions regarding the beginning period for absentee voting.

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

    HB 1179 Introduced by: Representative Reed and Senator Schoenbeck

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding victims of sexual assault.

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

    HB 1180 Introduced by: Representatives Reed, Anderson, Borglum, and Chase and Senators Soholt, Schoenbeck, and Smith (VJ)

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection and storage of sexual assault kit evidence.

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


    HB 1181 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to create a habitat conservation emblem specialty plate.

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

    HB 1182 Introduced by: Representatives Pischke, Finck, Goodwin, and Otten (Herman) and Senators Nelson and Otten (Ernie)

    FOR AN ACT ENTITLED, An Act to require a balanced and representative membership on the Game, Fish and Parks Commission.

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

    HB 1183 Introduced by: Representative Rounds and Senator Monroe

    FOR AN ACT ENTITLED, An Act to accommodate legislation regarding the alcohol excise tax.

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

    HB 1184 Introduced by: Representatives Rounds and Peterson (Kent) and Senator Kolbeck

    FOR AN ACT ENTITLED, An Act to authorize the operation of business development banks.

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

    HB 1185 Introduced by: Representatives Mills, Chaffee, Deutsch, Duvall, and Frye-Mueller and Senator Wiik

    FOR AN ACT ENTITLED, An Act to revise provisions regarding farm wineries.

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


    HB 1186 Introduced by: Representatives Finck, Johns, Peterson (Kent), Qualm, and Schoenfish and Senators Blare and Nelson

    FOR AN ACT ENTITLED, An Act to provide for repayment of costs incurred by a county related to crimes involving inmates of a state prison.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 44: FOR AN ACT ENTITLED, An Act to revise the permanent endowment trust, to authorize the Board of Regents to sell certain extraneous real property and to purchase certain real property, to make an appropriation of sale proceeds, and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Howard requested that HB 1064 be removed from the Consent Calendar.

    Which request was granted.

    HB 1057: FOR AN ACT ENTITLED, An Act to revise the definition of attest for the purposes of public accountancy.

    HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal background checks for adults working in child care institutions.

    SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the granting of work permits to minors who refuse to submit to chemical analyses.

    SB 20: FOR AN ACT ENTITLED, An Act to update certain provisions regarding consumer protection.

    SB 21: FOR AN ACT ENTITLED, An Act to authorize certain tobacco manufacturers to assign to the state the interest of the manufacturer in any money in a qualified escrow fund.


    Were read the second time.

    The question being "Shall HB 1057 and 1029 pass as amended and SB 11, 20, and 21 pass?"

    And the roll being called:

    Yeas 70, Nays 0, Excused 0, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    So the bills having received an affirmative vote of a majority of the members-elect, the Speaker declared the bills passed and the titles were agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vote centers and precinct workers.

    Was read the second time.

1027wa

    Rep. Howard moved that HB 1027 be amended as follows:

    On page 2 of the House Local Government Committee engrossed bill, delete lines 12 to 19, inclusive.

    A roll call vote was requested and was supported.

    The question being on Rep. Howard's motion that HB 1027 be amended.

    And the roll being called:

    Yeas 32, Nays 38, Excused 0, Absent 0



    Yeas:
Beal; Brunner; Dennert; Deutsch; Diedrich; Finck; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Mills; Otten (Herman); Perry; Peterson (Sue); Pischke; Qualm; Randolph; Rasmussen; Rounds; St John; Weis; Wiese; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Duba; Duvall; Glanzer; Hammock; Healy; Hunhoff; Johns; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Mulally; Olson; Peterson (Kent); Post; Pourier; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan; Willadsen; York; Zikmund

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

    The question being "Shall HB 1027 pass as amended?"

    And the roll being called:

    Yeas 50, Nays 20, Excused 0, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Glanzer; Greenfield (Lana); Hammock; Healy; Hunhoff; Johns; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Peterson (Kent); Post; Pourier; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Finck; Frye-Mueller; Goodwin; Gosch; Gross; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Perry; Peterson (Sue); Pischke; Qualm; Randolph; Rasmussen; Rounds

    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 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Retirement System.

    Was read the second time.

    The question being "Shall HB 1011 pass as amended?"

    And the roll being called:


    Yeas 70, Nays 0, Excused 0, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    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 1051: FOR AN ACT ENTITLED, An Act to establish the South Dakota state seal of civics literacy program.

    Was read the second time.

    The question being "Shall HB 1051 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 38, Excused 0, Absent 0

    Yeas:
Barthel; Brunner; Deutsch; Diedrich; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johns; Johnson (David); Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Peterson (Sue); Randolph; Rasmussen; Reed; Rounds; Schoenfish; St John; Steele

    Nays:
Anderson; Bartels; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert; Duba; Duvall; Finck; Gosch; Healy; Hunhoff; Johnson (Chris); Karr; Lake; Lesmeister; McCleerey; Olson; Perry; Peterson (Kent); Pischke; Post; Pourier; Qualm; Reimer; Ring; Saba; Smith (Jamie); Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 14: FOR AN ACT ENTITLED, An Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.



    Was read the second time.

    The question being "Shall SB 14 pass?"

    And the roll being called:

    Yeas 66, Nays 4, Excused 0, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Bordeaux; Pourier; Sullivan; Weis

    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 47: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding permits to carry a concealed pistol.

    Was read the second time.

47wb

    Rep. Johns moved that SB 47 be amended as follows:

    On page 6 of the printed bill, delete lines 14 and 15, and insert "A person is guilty of a Class 1 misdemeanor if the person carries a concealed pistol and does not meet the qualifications for a temporary permit under subdivisions 23-7-7.1(1) to (5) and subdivisions 23-7-7.1(7) to (10).".

    Rep. Qualm rose to a point of order on Rep. Johns' comments pertaining to the bill and not limited to the amendment only. Speaker sustained the point of order.

    A roll call vote was requested and was supported.


    The question being on Rep. Johns' motion that SB 47 be amended.

    And the roll being called:

    Yeas 29, Nays 41, Excused 0, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall; Glanzer; Healy; Hunhoff; Johns; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Olson; Pourier; Reed; Ring; Rounds; Saba; Smith (Jamie); Sullivan; Wiese; York

    Nays:
Beal; Brunner; Chaffee; Dennert; Deutsch; Finck; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; Schoenfish; St John; Steele; Weis; Willadsen; Zikmund; Haugaard

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


    The question being "Shall SB 47 pass?"

    And the roll being called:

    Yeas 47, Nays 23, Excused 0, Absent 0

    Yeas:
Beal; Borglum; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; Mills; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; Rounds; Schoenfish; St John; Steele; Weis; Willadsen; Zikmund; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Chase; Cwach; Duba; Duvall; Healy; Hunhoff; Johns; McCleerey; Milstead; Miskimins; Olson; Pourier; Reed; Ring; Saba; Smith (Jamie); Sullivan; Wiese; York

    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.


SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1014: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding payments of the tax imposed on financial institutions and banks.

    HB 1015: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

    HB 1031: FOR AN ACT ENTITLED, An Act to authorize certain wind and solar easements and leases by the commissioner of School and Public Lands.

    SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding authorization for public transportation assistance grants.

    And signed the same in the presence of the House.

    Rep. Qualm moved that the balance of the calendar including SB 23, 12, and 31 be deferred to Wednesday, January 30, 2019, the 15th legislative day.

    Which motion prevailed.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:21 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk