House of Representatives Journal 3/8/2017 10:00 AM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 8, 2017

The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of Allegiance led by House pages Kelsey Lensegrav and Jessie Ristau.

Roll Call: All members present except Reps. Carson, Frye-Mueller, McPherson, and Pischke 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 thirty-fourth 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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1014, 1090, 1184, 1191, 1205, 1206, 1207, 1208, 1209, and 1210 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 149.

Also MR. SPEAKER:

I have the honor to return herewith HB 1034, 1035, 1073, 1076, 1082, 1157, 1159, and 1179 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Dennert moved that the House do concur in Senate amendments to HCR 1012.

The question being on Rep. Dennert's motion that the House do concur in Senate amendments to HCR 1012.

And the roll being called:

Yeas 63, Nays 2, Excused 5, Absent 0

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

Excused:
Carson; DiSanto; Frye-Mueller; McPherson; Pischke

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Qualm moved that HB 1052 be placed to follow HB 1185 on today's calendar.

Which motion prevailed.

Rep. Brunner moved that the House do concur in Senate amendments to HB 1147.

The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1147.

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Duvall; 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; 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

Excused:
Carson; DiSanto; Frye-Mueller; McPherson; Pischke

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Speaker Pro tempore Haggar now presiding.

Rep. Mickelson moved that the House do concur in Senate amendments to HB 1170.

The question being on Rep. Mickelson's motion that the House do concur in Senate amendments to HB 1170.

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Duvall; 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; 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

Excused:
Carson; DiSanto; Frye-Mueller; McPherson; Pischke

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Speaker Mickelson now presiding.

Rep. Qualm moved that the House do concur in Senate amendments to HB 1185.

The question being on Rep. Qualm's motion that the House do concur in Senate amendments to HB 1185.

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Duvall; 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; Mills; 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:
Otten (Herman)

Excused:
Carson; DiSanto; Frye-Mueller; McPherson; Pischke

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Qualm moved that the House do now recess until 2:30 p.m., which motion prevailed and at 10:41 a.m., the House recessed.

The House reconvened at 2:30 p.m., the Speaker presiding.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Peters, Sutton, and Tidemann as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 35.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Russell, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 54.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Netherton, and Killer as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 171.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Ewing, White, and Heinert as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 176.

Respectfully,
Kay Johnson, Secretary

The Speaker appointed Reps. Anderson, Bartels, and Ahlers as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 35.

MOTIONS AND RESOLUTIONS

Rep. Haggar moved that the House do concur in Senate amendments to HB 1052.

Rep. Wismer moved as a substitute motion that the House do not concur in Senate amendments to HB 1052 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Rep. Wismer called for a division of the House.

The Speaker declared Rep. Wismer's substitute motion lost.

The question being on Rep. Haggar's motion that the House do concur in Senate amendments to HB 1052.

And the roll being called:

Yeas 53, Nays 13, Excused 4, Absent 0

Yeas:
Anderson; Bartels; Bartling; Beal; Brunner; Campbell; Chase; Clark; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Rounds; Schaefer; Schoenfish; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bordeaux; Dennert; Hawley; Kaiser; Lesmeister; McCleerey; Ring; Rozum; Smith; Soli; Tieszen; Wismer

Excused:
Carson; Frye-Mueller; McPherson; Pischke

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Otten moved that the House do concur in Senate amendments to HB 1034.

The question being on Rep. Otten's motion that the House do concur in Senate amendments to HB 1034.

And the roll being called:

Yeas 55, Nays 7, Excused 8, Absent 0

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

Nays:
Dennert; Goodwin; Karr; Livermont; Marty; Rounds; Wismer

Excused:
Bartling; Carson; Frye-Mueller; Johnson; McPherson; Pischke; Qualm; Tieszen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Otten moved that the House do not concur in Senate amendments to HB 1035 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Otten, Reed, and May.

Speaker Pro tempore Haggar now presiding.

Rep. Mickelson moved that the House do concur in Senate amendments to HB 1073.

The question being on Rep. Mickelson's motion that the House do concur in Senate amendments to HB 1073.

And the roll being called:

Yeas 59, Nays 3, Excused 8, Absent 0

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

Nays:
Kaiser; Soli; Wismer

Excused:
Bartling; Carson; Frye-Mueller; Johnson; McPherson; Pischke; Qualm; Tieszen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Speaker Mickelson now presiding.

Rep. Soli moved that the House do concur in Senate amendments to HB 1076.

The question being on Rep. Soli's motion that the House do concur in Senate amendments to HB 1076.

And the roll being called:

Yeas 60, Nays 3, Excused 7, Absent 0

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

Nays:
Gosch; Howard; Karr

Excused:
Bartling; Carson; Frye-Mueller; Johnson; McPherson; Pischke; Tieszen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Hunhoff moved that the House do concur in Senate amendments to HB 1082.

The question being on Rep. Hunhoff's motion that the House do concur in Senate amendments to HB 1082.

And the roll being called:

Yeas 52, Nays 12, Excused 6, Absent 0

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

Nays:
Campbell; Dennert; Goodwin; Gosch; Howard; Kaiser; Karr; Livermont; Marty; May; Otten (Herman); Willadsen

Excused:
Carson; Frye-Mueller; Johnson; McPherson; Pischke; Tieszen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Qualm moved that the House do not concur in Senate amendments to HB 1157 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Qualm, Kent Peterson, and Hawley.

Rep. Howard moved that the House do not concur in Senate amendments to HB 1159 and that no committee be appointed.

Rep. Brunner moved as a substitute motion that the House do concur in Senate amendments to HB 1159.

The question being on Rep. Brunner's substitute motion that the House do concur in Senate amendments to HB 1159.

And the roll being called:

Yeas 49, Nays 13, Excused 8, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Beal; Bordeaux; Brunner; Campbell; Chase; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Kaiser; Karr; Lake; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Qualm; Rhoden; Ring; Rounds; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Willadsen; Wismer; Zikmund; Speaker Mickelson

Nays:
Clark; Howard; Johns; Kettwig; Latterell; Mills; Peterson (Sue); Rasmussen; Reed; Rozum; Schaefer; Wiese; York

Excused:
Bartling; Carson; Dennert; Frye-Mueller; Johnson; McPherson; Pischke; Tieszen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Lust moved that the House do concur in Senate amendments to HB 1179.

The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1179.

And the roll being called:

Yeas 45, Nays 16, Excused 9, Absent 0

Yeas:
Ahlers; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Lust; Marty; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Rozum; Schoenfish; Smith; Soli; Stevens; Tulson; Turbiville; Willadsen; Zikmund; Speaker Mickelson

Nays:
Conzet; Dennert; Heinemann; Karr; Livermont; May; McCleerey; Mills; Peterson (Sue); Ring; Rounds; Schaefer; Steinhauer; Wiese; Wismer; York

Excused:
Anderson; Bartels; Carson; Frye-Mueller; Hunhoff; Johnson; McPherson; Pischke; Tieszen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Novstrup, White, and Kolbeck as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 128.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Curd, Maher, and Wiik as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 151.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Bolin, Nesiba, and Monroe as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1035.

Respectfully,
Kay Johnson, Secretary

The Speaker appointed Reps. Qualm, Rhoden, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 151.

The Speaker appointed Reps. Rozum, Dennert, and Wismer as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 128.

The Speaker appointed Reps. Rhoden, Hawley, and Kaiser as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 176.

The Speaker appointed Reps. Mickelson, Gosch, and Soli as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 54.

The Speaker appointed Reps. Haggar, Beal, and Schaefer as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 171.

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 the Office of Engrossing and Enrolling has carefully compared HB 1014, 1090, 1103, 1113, 1184, 1191, 1205, 1206, 1207, 1208, 1209, and 1210 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1014: FOR AN ACT ENTITLED, An Act to make an appropriation for the purchase of land by the South Dakota Department of the Military for use by the South Dakota Army National Guard and to declare an emergency.

HB 1090: FOR AN ACT ENTITLED, An Act to define certain fees incident to the extension of credit.

HB 1103: FOR AN ACT ENTITLED, An Act to allow for service by publication for certain paternity and child custody actions.

HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding protection orders.

HB 1184: FOR AN ACT ENTITLED, An Act to exempt certain persons working in postsecondary technical institutes from collective bargaining provisions.

HB 1191: FOR AN ACT ENTITLED, An Act to require cooperation with the Division of Child Support as a condition of eligibility for the SNAP program.

HB 1205: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate in Rapid City and to provide for the deposit of the proceeds.

HB 1206: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Aurora County and to provide for the deposit of the proceeds.

HB 1207: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of certain real estate at the South Dakota Development Center.

HB 1208: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota Veterans' Home and to provide for the deposit of the proceeds.

HB 1209: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the STAR Academy and to provide for the deposit of the proceeds.

HB 1210: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Minnehaha County and to provide for the deposit of the proceeds.

And signed the same in the presence of the House.

Rep. Qualm moved that the House do now recess until 5:00 p.m., which motion prevailed and at 3:39 p.m., the House recessed.

The House reconvened at 5:00 p.m., the Speaker presiding.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Cammack, Frerichs, and Cronin as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1157.

Respectfully,
Kay Johnson, Secretary

Rep. Clark moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, March 9, the 36^th legislative day.

Which motion prevailed.

Rep. Smith moved that the House do now adjourn, which motion prevailed and at 5:21 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk