JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 6, 2019

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

The prayer was offered by the Chaplain, Rev. Valerie Hummel LaBounty, followed by the Pledge of Allegiance led by House pages Victoria Reinders and Noah Rendon.

Roll Call: All members present.

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 seventeenth 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.

COMMUNICATIONS AND PETITIONS

February 6, 2019

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 5, 2019, I approved House Bills 1014, 1015, and 1031, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1007, 1012, 1018, 1023, 1038, and 1048 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1097 and 1129 and HJR 1005 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 51 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 Judiciary respectfully reports that it has had under consideration HB 1061 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete "any other person authorized to act on a victim's behalf" and insert "victim or witness assistant".

On page 2, line 11, delete "the person authorized to act" and insert "victim or witness assistant".

On page 2, line 12, delete everything before "," .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1063 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 4, of the printed bill, delete "or offers" and insert "prostitution by offering".

On page 2, line 7, remove the overstrikes from "~~prostitution~~".

On page 2, line 8, after "~~Prostitution is~~" insert ",".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, delete "principle" and insert "principal".

On page 2, line 7, delete "commercial organization that collects and" and insert "organization that".

On page 2, line 9, delete everything after ""Newscaster,"" and insert "any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or

broadcasting news on a radio or television station licensed by the Federal Communications Commission. The term includes any student enrolled at an accredited university, college, or technical school in this state who meets the requirements of this subdivision;".

On page 2, delete lines 10 to 12, inclusive.

On page 3, line 4, delete "new-gathering" and insert "news-gathering".

And that as so amended said bill do pass.

Respectfully submitted,
Jon Hansen, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 36 and 37 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1102 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair
for Spencer Gosch, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1007, 1012, 1018, 1023, 1038, and 1048 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1008 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 118 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

Rep. Lana Greenfield introduced Calico Ducheneaux of Mobridge, the South Dakota 2018 Girls State Governor, and Seamus Duffy of Sioux Falls, the South Dakota 2018 Boys State Governor.

MOTIONS AND RESOLUTIONS

Rep. Sue Peterson moved that the House do concur in Senate amendments to HB 1040.

The question being on Rep. Sue Peterson's motion that the House do concur in Senate amendments to HB 1040.

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 motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion passed and the amendment was concurred in.

The Speaker declared that HB 1174 and 1235 were withdrawn at the request of the prime sponsors pursuant to Joint Rule 6B-1.1.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1188 as found on page 289 of the House Journal; also

Transportation on HB 1181 as found on page 290 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 118: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding advance care planning.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to House Rule 7-1, the Speaker removed SB 22 from the Consent Calendar.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1079: FOR AN ACT ENTITLED, An Act to allow a person to perform plumbing work on the person's own property without a license and establish a fee.

Was read the second time.

Rep. Herman Otten moved that HB 1079 be amended as follows:

On page 1, line 12, of the House Commerce and Energy Committee engrossed bill, delete "that are" and insert "of a single-family dwelling unit that is".

Which motion prevailed.

The question being "Shall HB 1079 pass as amended?"

And the roll being called:

Yeas 69, Nays 1, 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; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Ring

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.

Rep. David Johnson requested a fiscal note on HB 1118.

Which request was supported.

Rep. Cwach requested a fiscal note on HB 1056.

Which request was supported.

HB 1099: FOR AN ACT ENTITLED, An Act to provide for the designation of a caregiver to receive information regarding residents of treatment facilities.

Was read the second time.

The question being "Shall HB 1099 pass?"

And the roll being called:

Yeas 69, Nays 1, 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; 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

Nays:
Hammock

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 1185: FOR AN ACT ENTITLED, An Act to revise provisions regarding farm wineries.

Was read the second time.

The question being "Shall HB 1185 pass?"

And the roll being called:

Yeas 42, Nays 28, Excused 0, Absent 0

Yeas:
Bartels; Bordeaux; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Duba; Duvall; Finck; Frye-Mueller; Goodwin; Hammock; Hansen; Healy; Howard; Johnson (David); Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Mulally; Olson; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Rasmussen; Ring; Saba; Smith (Jamie); Steele; Sullivan; Weis; Wiese; York; Zikmund

Nays:
Anderson; Barthel; Beal; Borglum; Diedrich; Glanzer; Gosch; Greenfield (Lana); Gross; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Karr; Koth; Milstead; Miskimins; Otten (Herman); Perry; Qualm; Randolph; Reed; Reimer; Rounds; Schoenfish; St John; Willadsen; 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 1088: FOR AN ACT ENTITLED, An Act to prohibit the use of certain electronic devices while driving.

Was read the second time.

The question being "Shall HB 1088 pass?"

And the roll being called:

Yeas 40, Nays 30, Excused 0, Absent 0

Yeas:
Anderson; Bartels; Barthel; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Glanzer; Goodwin; Healy; Hunhoff; Johns; Karr; Koth; Lake; Lesmeister; McCleerey; Mills; Milstead; Miskimins; Olson; Peterson (Kent); Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Beal; Bordeaux; Brunner; Chaffee; Dennert; Finck; Frye-Mueller; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Latterell; Livermont; Marty; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Randolph; Rounds; St John; Steele; 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.

Rep. Qualm moved that the balance of the calendar including SB 32 and 44 be deferred to Thursday, February 7, 2019,, the 19^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemptions from the twelve-month residency requirement for university students.

HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state laboratory services.

HB 1018: FOR AN ACT ENTITLED, An Act to transfer the collection of various fees from the Department of Revenue to the Department of Environment and Natural Resources.

HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale and purchase of big game animal parts.

HB 1038: FOR AN ACT ENTITLED, An Act to authorize the demolition of a South Dakota State University building and to make an appropriation therefor.

HB 1048: FOR AN ACT ENTITLED, An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.

And signed the same in the presence of the House.

HC 1008 Introduced by: Representatives Duba, Barthel, Bordeaux, Borglum, Brunner, Chaffee, Cwach, Dennert, Diedrich, Duvall, Frye-Mueller, Glanzer, Goodwin, Hansen, Haugaard, Healy, Jensen (Kevin), Johns, Johnson (Chris), Johnson (David), Lesmeister, Marty, McCleerey, Perry, Peterson (Kent), Post, Qualm, Reed, Ring, Rounds, Saba, Smith (Jamie), St John, Sullivan, Weis, Wiese, Willadsen, and York and Senators Heinert, Blare, DiSanto, Jensen (Phil), Nelson, Nesiba, Smith (VJ), Steinhauer, Wismer, and Youngberg

A LEGISLATIVE COMMEMORATION, Recognizing February as Black History Month and South Dakota's rich history of African American achievements.

WHEREAS, the first African American who laid foot in South Dakota was York, who participated in the Lewis and Clark expedition; and

WHEREAS, Sarah "Aunt Sally" Campbell was the first African American woman to own property and an independent business in South Dakota, when she discovered gold in the Black Hills and subsequently owned a half dozen mining claims and became a successful entrepreneur; and

WHEREAS, Cleveland Abbott was born in Yankton, graduated from high school in Watertown with sixteen varsity letters, graduated from South Dakota State College, now South Dakota State University, with fourteen varsity letters, was a football head coach at Tuskegee University for thirty-two seasons, served in World War I, and coached the first two African American gold medal winners; and

WHEREAS, Leonard "Bud" Williams, served in World War II, the Korean War, and the Vietnam War, served as Director of Student Activities at the Mitchell Vocational Institute, as a Mitchell city council member, and as mayor of Mitchell; and

WHEREAS, the Reverend Dr. Martin Luther King, Jr., graced Sioux Falls, South Dakota, with his presence during the civil rights era; and

WHEREAS, Kenny Anderson, Sr., was the first and, so far only, black city commissioner for the city of Sioux Falls and has a park and community center in the city named for him; and

WHEREAS, Emma Armstrong who lived to be 102, lived in Sioux Falls since 1945, touched the lives of many of the people mentioned here, including Porter Williams, Kenny Anderson, Bud Williams, and Martin Luther King, Jr. among many others and dedicated her life to community service:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature of the State of South Dakota commends and recognizes the deep history of African Americans in our great state and honors them throughout the month of February, Black History Month, and the rest of the year.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:02 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk