House of Representatives Journal 2/11/2016 01:00 PM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 11, 2016

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

The prayer was offered by the Chaplain, Father Joe Holzhauser, followed by the Pledge of Allegiance led by House pages Matdalynn Buffington and Megan Thornhill.

Roll Call: All members present except Reps. Kaiser and Novstrup 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 nineteenth 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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1067 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1212 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 Health and Human Services respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 17, of the printed bill, after "surgeon," insert "psychologist,".

On page 6, line 4, after "Inc." insert "No fee assessed on a licensed social worker may be used to support the licensure of a behavior analyst as required under this Act.".

On page 10, delete lines 2 to 9, inclusive, and insert:

" Any money coming into the custody of the board pursuant to this Act shall be credited to the South Dakota Board of Social Work Examiners Fund established under § 36-26-43.".

On page 11, after line 14, insert:

" Section 28. This Act is repealed on July 1, 2024.".

And that as so amended said bill do pass.

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1201 and returns the same with the recommendation that said bill be amended as follows:

On page 1, between lines 3 and 4 of the printed bill, insert:

" Section 1. That section 17 of chapter 31 of the 2015 Session Laws be amended to read:

DEPARTMENT OF CORRECTIONS

(8) Juvenile Community Corrections

Operating Expenses, General Funds, delete "$12,776,370" and insert ""$12,526,370"

Adjust all totals accordingly.".

On page 1, line 1, of the printed bill, after "Act to" insert "revise the General Appropriations Act for fiscal year 2016,".

On page 1, line 2, after "Dakota" insert ",".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1235 which was tabled.

Respectfully submitted,
Justin R. Cronin, Co-Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1173, 1174, 1175, and 1176 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1197, 1199, and 1200 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1231 which was tabled.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1114 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Verchio, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1011, 1031, and 1084 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1008 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 20.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 66, 104, 130, and 138 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1013 Introduced by: Representatives Hawley, Anderson, Bartling, Beal, Bolin, Bordeaux, Conzet, Craig, Cronin, Deutsch, DiSanto, Dryden, Duvall, Feickert, Gibson, Haggar (Don), Harrison, Haugaard, Hawks, Hunt, Jensen (Alex), Kirschman, Klumb, Langer, McCleerey, Mickelson, Munsterman, Otten (Herman), Peterson (Kent), Qualm, Rasmussen, Ring, Romkema, Rounds, Schoenbeck, Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Steinhauer, Stevens, Tulson, Verchio, Westra, Wiik, Willadsen, Wink, Wollmann, and Zikmund and Senators Cammack, Bradford, Brown, Buhl O'Donnell, Ewing, Fiegen, Frerichs, Haggar (Jenna), Haverly, Heineman (Phyllis), Heinert, Holien, Hunhoff (Bernie), Jensen (Phil), Monroe, Novstrup (David), Olson, Otten (Ernie), Parsley, Peterson (Jim), Rampelberg, Shorma, Solano, Sutton, Tidemann, and White

A CONCURRENT RESOLUTION, Recognizing the positive economic impact sportsmen and women have in South Dakota.

WHEREAS, as a result of over a century of responsible stewardship by sportsmen and women, South Dakota is home to bountiful fish and wildlife populations that provide its citizens and visitors with unrivaled opportunities for sporting, recreation, and commerce while also sustaining a quality of life; and

WHEREAS, through the continued purchases of hunting and fishing licenses, resident and nonresident hunters, anglers, recreational shooters, and trappers continue to be the chief supporters of South Dakota's fish and wildlife resources, while also providing critical funds for the South Dakota Department of Game, Fish and Parks' efforts to provide for healthy and abundant fish and wildlife populations for future generations; and

WHEREAS, the over one billion dollars spent by sportsmen and women in South Dakota on equipment, travel, leases, licenses, and lodging supports nearly fifteen thousand jobs, making them a critical component of the state's economy; and

WHEREAS, spending by sportsmen and women in South Dakota generates over eighty million dollars in state and local taxes, supporting vital public services in communities across the state; and

WHEREAS, sportsmen and women in South Dakota contribute to the Wildlife and Sport Fish Restoration Program that began with the passage of the Federal Aid in Wildlife Restoration Act in 1937, was bolstered with the passage of the Federal Aid in Sport Fish Restoration Act in 1950, and was further expanded with the Wallop-Breaux amendment to the Sport Fish Restoration Act in 1984; and

WHEREAS, as provided in the Wildlife and Sport Fish Restoration Program, the manufacturers of firearms, ammunition, hunting, fishing, and boating equipment collect excise taxes on firearms, ammunition, archery equipment, manufactured fishing tackle, electric trolling motors, marine electronics, and motorboat fuel and distribute these funds to the states through the United States Fish and Wildlife Service; and

WHEREAS, the combined contribution of the Wildlife and Sport Fish Restoration Programs and license fees to state fish and wildlife agencies nationwide has exceeded $56.9 billion since 1939, more than any other single conservation effort in American history; and

WHEREAS, South Dakota has received $243,059,609 through the Wildlife and Sport Fish Restoration Programs since 1939 which has been used to protect and enhance fish and wildlife populations; and

WHEREAS, this cooperative partnership between industry, hunters, anglers, trappers, boaters, recreational shooters, the United States Fish and Wildlife Service, and the South Dakota Department of Game, Fish and Parks has resulted in the most successful model of fish and wildlife management in the world:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-First Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature recognizes sportsmen and women in South Dakota and the Department of Game, Fish and Parks for their leading role in enhancing populations of fish, wildlife, both game and nongame, and other natural resources, to the abundance we see today.

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

Rep. Gosch moved that HB 1152 be referred from the Committee on Commerce and Energy to the Committee on Education.

Which motion prevailed.

Rep. Gosch moved that HB 1153 be referred from the Committee on State Affairs to the Committee on Judiciary.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1214 as found on page 354 of the House Journal; also

Education on HB 1189 as found on page 356 of the House Journal; also

Commerce and Energy on HB 1121 as found on page 357 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 66: FOR AN ACT ENTITLED, An Act to permit the issuance of special license plates to parents of certain individuals

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

SB 104: FOR AN ACT ENTITLED, An Act to set the time period for when an agency may promulgate rules.

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

SB 130: FOR AN ACT ENTITLED, An Act to require the processing of sexual assault exam kits.

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

SB 138: FOR AN ACT ENTITLED, An Act to authorize the construction of a nursing home facility in Rosebud, South Dakota.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Russell requested that HB 1118 be removed from the Consent Calendar.

Which request was granted.

HB 1163: FOR AN ACT ENTITLED, An Act to revise the periods of time during which veterans may use tuition benefits at institutions under the control of the Board of Regents.

Was read the second time.

The question being "Shall HB 1163 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Kaiser; Novstrup (Al)

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 1110: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.

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

Rep. Gosch moved that HB 1110 be deferred to Tuesday, February 16, the 21^st legislative day.

Which motion prevailed.

HB 1094: FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer inspection fee for purposes of fertilizer-related research and education and to create the Nutrient Research and Education Council to promote such research and education.

Was read the second time.

Rep. Gosch moved that HB 1094 be deferred to Wednesday, February 17, the 22^nd legislative day.

Which motion prevailed.

HB 1081: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1081 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Kaiser; Novstrup (Al)

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 1170: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain eligible health care professionals who have complied with the requirements of the rural health care facility recruitment assistance program and to declare an emergency.

Was read the second time.

The question being "Shall HB 1170 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Kaiser; Novstrup (Al)

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 1164: FOR AN ACT ENTITLED, An Act to provide for a special interest motor vehicle license plate for certain vehicles under certain conditions.

Was read the second time.

Rep. Gosch moved that HB 1164 be deferred to Tuesday, February 16, the 21^st legislative day.

Which motion prevailed.

HB 1119: FOR AN ACT ENTITLED, An Act to revise the criteria for incorporation of a new municipality.

Was read the second time.

The question being "Shall HB 1119 pass as amended?"

And the roll being called:

Yeas 48, Nays 20, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gibson; Greenfield (Lana); Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Killer; Kirschman; Klumb; Latterell; Marty; May; McCleerey; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm; Ring; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Wiik; Wollmann; Speaker Wink

Nays:
Beal; Feickert; Gosch; Haugaard; Hunt; Jensen (Alex); Johns; Langer; Mickelson; Rasmussen; Romkema; Rounds; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Willadsen; Zikmund

Excused:
Kaiser; Novstrup (Al)

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. Gosch moved that the balance of the calendar including HB 1213 and SB 27, 28, 2, 12, 13, 15, and 103 be deferred to Tuesday, February 16, the 21^st 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 Local Government respectfully reports that it has had under consideration HB 1140 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 1127 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 Local Government respectfully reports that it has had under consideration HB 1131 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Herman Otten, Vice-Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1036, 1037, and 1058 were delivered to his Excellency, the Governor, for his approval at 11:20 a.m., February 11, 2016.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1011, 1031, and 1084 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

Speaker Wink now presiding.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1011: FOR AN ACT ENTITLED, An Act to repeal certain obsolete and unnecessary statutes concerning game preserves and refuges.

HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to weights and measures.

HB 1084: FOR AN ACT ENTITLED, An Act to define when concurrent employment may be used to calculate earnings in workers' compensation cases.

And signed the same in the presence of the House.

Speaker Pro tempore Mickelson now presiding.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 1:43 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk