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

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 2, 2017

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

The prayer was offered by the Chaplain, Justin Warfel, followed by the Pledge of Allegiance led by House page Michael Linngren.

Roll Call: All members present except Reps. Bordeaux and Carson 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 fourteenth 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.

COMMUNICATIONS AND PETITIONS

February 2, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 1, 2017, I approved House Bill 1006 and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 48 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 7, of the Senate Health and Human Services Committee engrossed bill, after "with" insert ", either on-site or remotely,".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1044 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 18, of the House Health and Human Services Committee engrossed bill, after "manufacturer," insert "wholesale distributor, or dispenser as defined in the DSCSA,".

On page 7, line 20, delete ", third-party logistics provider,".

On page 7, line 22, after "." insert "Each third-party logistics provider located in this state shall be licensed by the board.".

On page 8, line 24, overstrike "or".

On page 9, line 2, after "prescription" insert "; or

(11) The logistics and warehouse services provided by a third-party logistics provider".

On page 16, line 24, after "excluding" insert "a third-party logistics provider and".

On page 9, line 7, of the House Health and Human Services Committee engrossed bill, delete "three" and insert "two".

And that as so amended 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 1084 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That chapter 47-11A be amended by adding a NEW SECTION to read:

The estate or agent of a deceased or substantially disabled chiropractor may contract with or employ a chiropractor to manage the deceased or substantially disabled chiropractor's practice for a period, not to exceed twenty-four months, following the date of death or substantial disability of the chiropractor, until the entity can be sold or closed."

And that as so amended said bill do pass and and be placed on the consent calendar.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1095 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the printed bill, after "resident" insert "provided the landowner owns or leases the water body in its entirety".

In the previously adopted amendment (1095ja), delete "landowner" and insert "resident" and after "entirety" insert ", and the fish taken remain on the resident's land"

In the previously adopted amendment (1095jb), after "land" insert ", unless said body of water has been stocked or managed by the Department of Game, Fish and Parks within the past five years".

On the previously adopted amendment (1095ja), delete "or leases".

On page 1 of the printed bill, line 9, delete "or leased".

And that as so amended said bill do pass.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1097 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill 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 HB 1088 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 1055 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, delete everything before "on" and insert "three wheels and is operated with a steering wheel and foot controls".

On page 1, line 11, delete everything before "shall" and insert "operated with a steering wheel and foot controls".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mary Duvall, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1069 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1069: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to campaign finance and to declare an emergency.

And signed the same in the presence of the House.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1069 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 12, 13, 84, 90, and 91 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, Calling for statewide recognition of the Army National Guard's 1^st Battalion, 196^th Regiment, Regional Training Institute (RTI) for training hundreds of officer candidates from South Dakota and soldiers across the nation.

Rep. Rhoden moved that HCR 1005 as found on page 208 of the House Journal be adopted.

The question being on Rep. Rhoden's motion that HCR 1005 be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; 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:
Bordeaux; Carson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

HCR 1007 Introduced by: Representatives Rounds, Ahlers, Anderson, Bartels, Bartling, Beal, Bordeaux, Brunner, Campbell, Carson, 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, Mickelson, Mills, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Rozum, Schaefer, Schoenfish, Smith, Soli, Steinhauer, Stevens, Tieszen, Tulson, Turbiville, Wiese, Willadsen, Wismer, York, and Zikmund and Senators Cammack, Bolin, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg

A CONCURRENT RESOLUTION, Strengthening and expanding sister-state ties between South Dakota and Taiwan; supporting the signing of a Free Trade Agreement (FTA) and a Bilateral Investment Agreement (BIA) with the United States; and reaffirming support for increasing Taiwan's international profile.

WHEREAS, the State of South Dakota and Taiwan entered into a sister-state relationship in 1984; and

WHEREAS, the bonds of true friendship and mutually beneficial trade partnership between the State of South Dakota and Taiwan have been strengthened, resulting in strong economic, social, tourism, and cultural exchanges; and

WHEREAS, negotiations for a Bilateral Investment Agreement between Taiwan and the United States are an important step toward further strengthening bilateral trade and paving the way for entering into a Free Trade Agreement between our countries, thereby increasing South Dakota's exports to Taiwan and promoting bilateral investment; and

WHEREAS, Taiwan, as a responsible stakeholder in the international community, is seeking to meaningfully participate in the International Civil Aviation Organization (ICAO), the United Nations Framework Convention on Climate Change (UNFCCC), and the International Criminal Police Organization (INTERPOL);

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature supports Taiwan's mature and vital democracy as well as celebrates the thirty-third anniversary of sister-state relations with Taiwan; endorses the signing of a Free Trade Agreement (FTA) and a Bilateral Investment Agreement (BIA) with the United States; and continues to support Taiwan's appropriate participation in international organizations impacting the health, safety, and well-being of its people.

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

HCR 1008 Introduced by: Representatives Lesmeister, Haggar, Jamison, McCleerey, and Steinhauer and Senators Heinert, Ewing, Maher, and Netherton

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.

WHEREAS, the United States has pledged to protect Native American tribes through an obligation to deliver adequate health care to all enrolled tribal members including those tribal members on and off the reservations located in South Dakota; and

WHEREAS, the 1868 Treaty of Fort Laramie provided that the United States would provide certain benefits to Native Americans including medical services; and

WHEREAS, the medical services obligations of the 1868 Treaty of Fort Laramie have never expired; and

WHEREAS, it has been demanded for decades that the health care services provided to Native Americans be improved through better administration, improved facilities, and improved quality of patient care; and

WHEREAS, despite the demands for improvement, the Indian Health Service has continued to decline and has received citations by the Center for Medicare Services for substandard healthcare and some Indian Health Service hospitals have had their Medicare provider agreements revoked or suspended; and

WHEREAS, as a result of the poor quality of care, Native Americans of the Great Plains Region suffer from the highest diabetes death rates, the highest tuberculosis death rates, and higher incidences of other diseases than mainstream America, and the Great Plains Region has the lowest life expectancy and second highest mortality rate among all Indian Health Service regions in the United States:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that Congress be hereby requested to develop a funding formula for the United States Department of Health and Human Services and the Indian Health Service that reflects federal treaty obligations to cover one hundred percent of healthcare costs for enrolled Native Americans and is reflective of the true needs of the various Indian Health Service regions.

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

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 3, the 16^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1052 as found on page 240 of the House Journal; also

Judiciary on HB 1068 as found on page 241 of the House Journal; also

Judiciary on HB 1081 as found on page 241 of the House Journal; also

Commerce and Energy on HB 1066 as found on page 242 of the House Journal; also

Commerce and Energy on HB 1078 as found on page 244 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1174 Introduced by: Representatives Reed, Duvall, Glanzer, Hawley, Jensen (Kevin), Johns, Kaiser, Kettwig, Lust, Mills, Rozum, Soli, Tieszen, and Wismer and Senators Tidemann, Langer, Peters, and Wiik

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how stop lamps shall be mounted and displayed on vehicles and trailers.

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

HB 1175 Introduced by: Representative Rounds and Senator Greenfield (Brock)

FOR AN ACT ENTITLED, An Act to revise the method of establishing certain interest rates.

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

HB 1176 Introduced by: Representatives Peterson (Sue) and Haggar and Senators Cronin and Peters

FOR AN ACT ENTITLED, An Act to revise the distribution of certain taxes collected by the Department of Revenue.

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

HB 1177 Introduced by: Representatives Bartling, Brunner, and Rhoden and Senators Sutton, Frerichs, Heinert, and Nesiba

FOR AN ACT ENTITLED, An Act to accommodate legislation regarding certain big game depredation.

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

HB 1178 Introduced by: Representatives May, Campbell, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Haggar, Kaiser, Latterell, Livermont, Marty, Peterson (Sue), Pischke, Rasmussen, and Stevens and Senators Nelson, Bolin, Greenfield (Brock), Jensen (Phil), Maher, Wiik, and Youngberg

FOR AN ACT ENTITLED, An Act to require the Department of Social Services to submit an implementation plan to allow the state to issue photo EBT cards.

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

HB 1179 Introduced by: Representatives Lust, Hawley, Lake, Mickelson, Otten (Herman), Reed, Rozum, Stevens, and Tieszen and Senators Cronin, Frerichs, Greenfield (Brock), and Peters

FOR AN ACT ENTITLED, An Act to revise certain provisions related to exemptions from licensure for nonresidential mortgage loans.

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

HB 1180 Introduced by: Representatives Bordeaux, Lesmeister, Livermont, McCleerey, Schoenfish, Smith, and Soli and Senators Killer and Heinert

FOR AN ACT ENTITLED, An Act to establish the nonbeneficiary student scholarship program for certain students attending tribally controlled colleges and to make an appropriation therefor.

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

HB 1181 Introduced by: Representatives Bordeaux, Lesmeister, Smith, and Soli and Senators Killer and Heinert

FOR AN ACT ENTITLED, An Act to prohibit hydraulic fracturing.

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

HB 1182 Introduced by: Representatives Bordeaux, Lesmeister, Smith, and Soli and Senators Killer and Heinert

FOR AN ACT ENTITLED, An Act to provide certain provisions that require the Governor to consult the Legislature before mobilizing the National Guard or law enforcement in certain circumstances.

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

HB 1183 Introduced by: Representatives Johns, Beal, Brunner, Chase, Glanzer, Haggar, Haugaard, Jensen (Kevin), Johnson, Lake, Lust, McPherson, Mickelson, Peterson (Kent), Qualm, Rhoden, Rounds, Rozum, Soli, Stevens, Tieszen, and Zikmund and Senators Solano and Rusch

FOR AN ACT ENTITLED, An Act to provide and revise certain provisions regarding mental health procedures in criminal justice, to make an appropriation therefor, and to declare an emergency.

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

HB 1184 Introduced by: Representatives Mickelson, Anderson, Bartels, Brunner, Chase, Clark, DiSanto, Duvall, Frye-Mueller, Goodwin, Haggar, Haugaard, Heinemann, Howard, Jamison, Jensen (Kevin), Johns, Lake, Lust, May, Otten (Herman), Peterson (Sue), Pischke, Rasmussen, Reed, Rhoden, Rounds, Rozum, Steinhauer, Stevens, Tieszen, and Tulson and Senators Peters, Bolin, Cronin, Curd, Greenfield (Brock), Haverly, Jensen (Phil), Klumb, Langer, Maher, Monroe, Otten (Ernie), Partridge, Stalzer, and Youngberg

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

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

HB 1185 Introduced by: Representatives Qualm, Beal, Haggar, Mickelson, Peterson (Kent), and Rounds and Senators Stalzer, Bolin, and Greenfield (Brock)

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning recreational facilities provided by municipalities.

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

HB 1186 Introduced by: Representatives Kettwig and Mickelson and Senator Sutton

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the consumption of alcoholic beverages by passengers aboard vehicles operated by carrier licensees.

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

HB 1187 Introduced by: Representatives Kettwig, Chase, Johns, Lake, Mickelson, Otten (Herman), Peterson (Kent), Qualm, Reed, Rhoden, Rozum, Tieszen, Tulson, and Turbiville and Senators Youngberg, Cronin, Curd, Klumb, Kolbeck, Maher, Novstrup, Otten (Ernie), and Partridge

FOR AN ACT ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding conditional use requests.

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

HB 1188 Introduced by: Representatives Kettwig and Otten (Herman) and Senators Cammack, Langer, and Wiik

FOR AN ACT ENTITLED, An Act to accommodate legislation to promote agricultural development.

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

HB 1189 Introduced by: Representatives Latterell, Bartling, Brunner, Campbell, Clark, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Haggar, Haugaard, Howard, Jamison, Jensen (Kevin), Kaiser, Lake, Livermont, Marty, May, McPherson, Mills, Peterson (Sue), Pischke, Rasmussen, Schaefer, Tulson, York, and Zikmund and Senators Nelson, Bolin, Ewing, Greenfield (Brock), Jensen (Phil), Maher, Netherton, Russell, Stalzer, Tapio, and Wiik

FOR AN ACT ENTITLED, An Act to prohibit dismemberment abortions and to provide a penalty therefor.

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

HB 1190 Introduced by: Representatives Peterson (Kent), Mickelson, and Qualm and Senator Maher

FOR AN ACT ENTITLED, An Act to accommodate legislation relating to the protection of the public safety.

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

HB 1191 Introduced by: Representatives Peterson (Kent), Anderson, Bartling, DiSanto, Haggar, Heinemann, Karr, May, Mickelson, Pischke, Qualm, Rhoden, Steinhauer, and Stevens and Senators Jensen (Phil), Greenfield (Brock), Haverly, Partridge, Peters, Rusch, Solano, and Sutton

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

HB 1192 Introduced by: Representatives May, Brunner, DiSanto, Latterell, Livermont, and Pischke and Senator Maher

FOR AN ACT ENTITLED, An Act to increase the period of time certain persons may contract with this state after termination of service.

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

HB 1193 Introduced by: Representatives Campbell, Clark, Frye-Mueller, and Kaiser and Senators Nelson and Russell

FOR AN ACT ENTITLED, An Act to rescind previous applications of the State of South Dakota for the calling of a federal constitutional convention to amend the Constitution of the United States.

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

HB 1194 Introduced by: Representatives Campbell, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Kaiser, Livermont, and Marty and Senators Jensen (Phil) and Nelson

FOR AN ACT ENTITLED, An Act to require certain documentation for the reason of denial of a concealed pistol permit.

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

HB 1195 Introduced by: Representatives Holmes, Ahlers, Bartling, Campbell, Duvall, Haggar, Haugaard, Hawley, Heinemann, Johns, Lesmeister, McCleerey, McPherson, Peterson (Kent), Qualm, Rasmussen, Ring, Soli, and Steinhauer and Senators Monroe, Frerichs, Greenfield (Brock), Haverly, Heinert, Langer, Maher, Netherton, Partridge, and Sutton

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding health coverage for applied behavior analysis.

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

HB 1196 Introduced by: Representative Wismer and Senator Greenfield (Brock)

FOR AN ACT ENTITLED, An Act to lower the compulsory attendance age for school attendance.

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

HB 1197 Introduced by: Representatives Wismer and Ahlers and Senator Sutton

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding medical assistance payments to nursing home facilities.

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

HB 1198 Introduced by: Representative Haugaard and Senator Solano

FOR AN ACT ENTITLED, An Act to revise the period of time certain persons are prohibited from lobbying.

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

HB 1199 Introduced by: Representative Haugaard

FOR AN ACT ENTITLED, An Act to repeal the lottery and certain gambling in South Dakota.

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

HB 1200 Introduced by: Representatives Mickelson, Anderson, Bartling, Gosch, Hawley, Heinemann, Holmes, Jensen (Kevin), Kaiser, Kettwig, Lesmeister, Marty, May, Otten (Herman), Qualm, Reed, Rhoden, Rounds, Schaefer, Steinhauer, Tieszen, Tulson, and Willadsen and Senators Bolin, Cronin, Curd, Kolbeck, Langer, Maher, Novstrup, Otten (Ernie), Solano, Stalzer, and Youngberg

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contributions to ballot question committees.

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

HB 1201 Introduced by: Representatives Campbell, Brunner, Dennert, DiSanto, Gosch, Howard, Jensen (Kevin), Latterell, Livermont, Marty, May, and Pischke and Senators Jensen (Phil), Monroe, and Nelson

FOR AN ACT ENTITLED, An Act to exempt certain food sales from licensure, certification, and inspection.

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

HB 1202 Introduced by: Representatives Zikmund, Ahlers, Bartling, Beal, Bordeaux, Campbell, Chase, Clark, Dennert, DiSanto, Haggar, Hawley, Holmes, Jamison, Jensen (Kevin), Johnson, Kaiser, Kettwig, Lesmeister, Marty, McCleerey, McPherson, Peterson (Sue), Pischke, Rasmussen, Rhoden, Ring, Smith, Soli, Steinhauer, and Wismer and Senators Stalzer, Ewing, Frerichs, Kolbeck, Langer, Monroe, Nelson, and Tapio

FOR AN ACT ENTITLED, An Act to make an appropriation for the support of the Veterans Outreach Center and to declare an emergency.

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

HB 1203 Introduced by: Representative Pischke and Senator Jensen (Phil)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consideration of joint physical custody of a minor.

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

The Speaker declared that HB 1162 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 12: FOR AN ACT ENTITLED, An Act to revise certain provisions administered by the Department of Agriculture related to nursery stock, conservation, forestry, and farm mediation.

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

SB 13: FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning potato grades and standards.

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

SB 84: FOR AN ACT ENTITLED, An Act to provide for the suspension of the probationary period for juvenile probationers under certain conditions.

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

SB 90: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certain prior statements of a witness subject to discovery and to establish the rationale and effect of the repeal.

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

SB 91: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of rape.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding high school equivalency testing.

Was read the second time.

The question being "Shall SB 30 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bordeaux; 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 31: FOR AN ACT ENTITLED, An Act to revise certain administrative and advisory functions of the State Library and the State Library Board.

Was read the second time.

The question being "Shall SB 31 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bordeaux; 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.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 4: FOR AN ACT ENTITLED, An Act to require the Board of Pharmacy to report to the Legislature regarding monitoring and use of opioids in the state.

Was read the second time.

The question being "Shall SB 4 pass?"

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Brunner; Campbell; Chase; Clark; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; 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:
Dennert; Frye-Mueller; Gosch; Howard; Kaiser; Pischke

Excused:
Bordeaux; 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.

Rep. Qualm moved that SB 57 be placed to precede SB14 on today's calendar.

Which motion prevailed.

SB 57: FOR AN ACT ENTITLED, An Act to authorize the operation of a nursing home facility in Eagle Butte, South Dakota, and to declare an emergency.

Was read the second time.

The question being "Shall SB 57 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; 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:
Beal; Bordeaux; 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.

Rep. Qualm moved that SB 14, 15, 17, 18, 1, and 44 be deferred to Friday, February 3, the 16^th legislative day.

Which motion prevailed.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

The question being "Shall HB 1029 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; 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

Nays:
DiSanto; Kaiser; Latterell

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

Was read the second time.

The question being "Shall HB 1030 pass as amended?"

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

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

Nays:
DiSanto; Kaiser; Latterell; Marty; Qualm

Excused:
Bordeaux; 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 1034: FOR AN ACT ENTITLED, An Act to establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting.

Was read the second time.

Rep. Heinemann moved that HB 1034 be amended as follows:

On page 3, line 14, of the House State Affairs Committee engrossed bill, after "vote" delete "," and insert "; number of pages and sections in the proposed or referred language;".

On page 3, line 15, delete "impact statement" and insert "note".

On page 7, after line 23, insert:

" Section 9. That chapter 2-1 be amended by adding a NEW SECTION to read:

The director of the Legislative Research Council shall prepare a fiscal note, if applicable, for an initiated measure, initiated amendment to the Constitution, or referred law. The fiscal note shall include an estimate of the impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions by the provisions of the initiated measure or initiated amendment to the Constitution. The fiscal note may not exceed fifty words. The director shall file the fiscal note, if applicable, with the sponsor and the secretary of state within sixty days of the receipt of an initiated measure, initiated amendment to the Constitution, or referred law.".

Which motion prevailed.

Rep. Rozum moved that HB 1034 be further amended as follows:

On page 3, line 19, of the House State Affairs Committee engrossed bill, delete everything after "may" and insert "~~show~~ publicize a an official ballot after it is marked to".

On page 3, line 20, before "ballot" insert "official".

On page 3, line 22, after "voter's" insert "official".

On page 3, line 22, after "marking the" insert "official".

On page 3, line 23, before "ballot" insert "an official".

Which motion prevailed.

Rep. Johns requested a fiscal note on HB 1034.

The Speaker stated the request was out of order.

Rep. Wismer moved that HB 1034 be further amended as follows:

On page 3, line 19, of the House State Affairs Committee engrossed bill, overstrike "No" and insert "A".

Rep. Lust moved that HB 1034 be further amended as follows:

On page 2, line 16, of the House State Affairs Committee engrossed bill, delete "five hundred" and insert "fifty".

On page 2, line 17, delete "five hundred" and insert "fifty".

The Speaker declared a roll call vote.

The question being on Rep. Lust's motion that HB 1034 be further amended.

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; 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; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

Nays:
Heinemann; Soli; Speaker Mickelson

Excused:
Beal; Bordeaux; Carson

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

The question being "Shall HB 1034 pass as amended?"

And the roll being called:

Yeas 56, Nays 11, Excused 3, Absent 0

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

Nays:
Campbell; Dennert; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Kaiser; Karr; Marty; Pischke; Rounds

Excused:
Beal; Bordeaux; 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.

Rep. Qualm moved that the balance of the calendar including HB 1077, 1094, 1071, 1112, 1065, 1080, and 1061 be deferred to Friday, February 3, the 16^th 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 1069 was delivered to his Excellency, the Governor, for his approval at 3:02 p.m., February 2, 2017.

Respectfully submitted,
G. Mark Mickelson, Chair

Rep. Ahlers moved that the House do now adjourn, which motion prevailed and at 4:07 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk