JOURNAL OF THE HOUSE

NINETY-SECOND SESSION



TWENTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 16, 2017

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

    The prayer was offered by the Chaplain, Rev. Josh Baumann, followed by the Pledge of Allegiance led by House pages Bailey DeJong and Ross Oyler.

    Roll Call: All members present except Reps. Carson, Chase, Conzet, Lust, McPherson, and Otten 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 twenty-third 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 15, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 15, 2017, I approved House Bills 1012, 1021, 1036, 1046, 1051, and 1057, 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 House Committee on Appropriations respectfully reports that it has had under consideration HB 1205, 1206, 1207, 1208, and 1209 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 66 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 SB 109 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Don Haggar, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1204 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas Brunner, Vice Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1195 and returns the same with the recommendation that said bill be amended as follows:

1195cd

    On page 2, line 12, of the printed bill, after "performs" insert "or supervises".

    On page 2, line 14, after "Psychologists" insert "and have documented training and competence in applied behavior analysis".

    On page 2, line 17, after "analyst" delete ";" and insert ".".

    On page 2, delete lines 18 to 21, inclusive.

    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 HCR 1008 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 93 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Wayne H. Steinhauer, Chair



Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1148 and 1171 which were tabled.

Respectfully submitted,
David L. Anderson, Co-Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1185 and returns the same with the recommendation that said bill be amended as follows:

1185ca

    On page 2, line 3, of the printed bill, after "state" insert "which were in existence prior to January 1, 2017".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1187 and returns the same with the recommendation that said bill be amended as follows:

1187fa

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

"    Section 1. That chapter 11-2 be amended by adding a NEW SECTION to read:

    Any appeal of a decision relating to the grant or denial of a conditional use permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and, notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari standard regardless of the form of the approving authority. The court shall give deference to the decision of the approving authority in interpreting its ordinances.

    Section 2. That chapter 11-4 be amended by adding a NEW SECTION to read:

    Any appeal of a decision relating to the grant or denial of a conditional use permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and, notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari standard regardless of the form of the approving authority. The court shall give deference to the decision of the approving authority in interpreting its ordinances.

    Section 3. That § 7-8-30 be amended to read:

    7-8-30. Such An appeal and transcript,if one exists, shall be filed by the auditor by the first day of the next term of circuit court, as soon as practicable and shall stand for trial at such term as soon as possible.

    All appeals thus Each appeal taken to the circuit court shall be docketed as other causes pending therein and the same in circuit court. Each cause shall be heard and determined de novo, except any appeal relating to a conditional use permit determination. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to section 1 of this Act.

    Section 4. That chapter 9-1 be amended by adding a NEW SECTION to read:

    An appeal and transcript, if one exists, shall be filed by the finance officer as soon as practicable and shall stand for trial as soon as possible.

    Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court. Each cause shall be heard and determined de novo, except any appeal relating to a conditional use permit determination. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to section 2 of this Act."

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1151 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Burt Tulson, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1081 and 1088 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 80 and 136 and SJR 2 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 48.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 3 Introduced by: Representatives 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; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Ninety-second Legislature of the State of South Dakota to Jessica Darnall, Bailey DeJong, Kailey Feiner, Katie Hauser, Christopher Irsfeld, Joslyn Jessop, Abby Jiang, Veronica Kinkler, Shikhar Kumar, Ross Oyler, Olivia Rasmussen, Rebekah Ruby, Marisa Smith, Alexis Willems.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Ninety-second Legislative Session; and

    WHEREAS, the members of the Ninety-second House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:
                                        
    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-second Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Rep. Beal moved that House Page Resolution 3 be adopted.

    Which motion prevailed and the resolution was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on HB 1072 as found on page 398 of the House Journal; also

    State Affairs on HB 1074 as found on page 399 of the House Journal; also

    State Affairs on HB 1141 as found on page 399 of the House Journal; also

    State Affairs on HB 1165 as found on page 401 of the House Journal; also

    Education on HB 1196 as found on page 401 of the House Journal; also

    Judiciary on HB 1143 as found on page 402 of the House Journal; also

    Judiciary on HB 1155 as found on page 403 of the House Journal; also

    Commerce and Energy on HB 1090 as found on page 403 of the House Journal; also

    Commerce and Energy on HB 1092 as found on page 404 of the House Journal; also

    Commerce and Energy on HB 1175 as found on page 404 of the House Journal be adopted.

    Which motion prevailed.

ANNOUNCEMENTS

    The Speaker declared that HB 1114, 1137, and 1190 were 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. 8.

MOTIONS AND RESOLUTIONS


    Rep. Stevens moved that HB 1175 be referred to the Committee on Judiciary.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 80: FOR AN ACT ENTITLED, An Act to regulate the use of drones under certain conditions and to provide a penalty therefor.

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

    SB 136: FOR AN ACT ENTITLED, An Act to permit and regulate the practice of licensed certified professional midwives.

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

    SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XXIII, of the Constitution of the State of South Dakota, relating to amendments to the Constitution.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Stevens requested that HB 1211 be removed from the Consent Calendar.

    Which request was granted.

    HB 1124: FOR AN ACT ENTITLED, An Act to exempt a person with a commercial driver license from the requirement to have a hazardous materials endorsement on the license under certain conditions.

    Was read the second time.

    The question being "Shall HB 1124 pass as amended?"

    And the roll being called:

    Yeas 64, Nays 0, Excused 6, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Clark; 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; Marty; May; McCleerey; Mills; 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; Chase; Conzet; Lust; McPherson; Otten (Herman)

    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

    Rep. Qualm moved that the balance of the calendar including HB 1191, 1106, 1168, 1063, 1149, 1159, 1117, 1133, 1170, 1179, 1184, 1107, and 1010 and SB 14, 15, 17, 18, 1, 44, 49, 6, 59, 34, 63, 7, 19, 36, 69, and 70 be deferred to Tuesday, February 21, the 25th 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 1007, 1015, 1026, 1031, 1037, and 1038 were delivered to his Excellency, the Governor, for his approval at 10:05 a.m., February 16, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1081 and 1088 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1081: FOR AN ACT ENTITLED, An Act to revise certain provisions for establishing a trust for an unlocatable mineral owner.

    HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding required stops at railroad crossings.

    SB 65: FOR AN ACT ENTITLED, An Act to establish the South Dakota Board of Technical Education and to revise certain provisions regarding career and technical education and postsecondary technical institutes.

    And signed the same in the presence of the House.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:36 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk