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JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




THIRTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 27, 2017

    The House convened at 11:00 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Rev. Peggy Stempson, followed by the Pledge of Allegiance led by House pages Arden Koenecke, Raegan Winder, and Kole Pickner.

    Roll Call: All members present except Rep. Soli who was 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-seventh 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

March 10, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 10, 2017, I approved House Bills 1014, 1090, 1103, 1113, 1147, 1184, and 1191, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 13, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 13, 2017, I approved House Bills 1034, 1035, 1082, 1112, 1159, 1205, 1206, 1207, 1208, 1209, and 1210, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 13, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 13, 2017, I approved House Bills 1179 and 1185, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor


March 14, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 14, 2017, I approved House Bills 1170 and 1173, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 15, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 15, 2017, I approved House Bill 1183, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 17, 2017

The Honorable G. Mark Mickelson
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501

Dear Mr. Speaker and Members of the House of Representatives,

I respectfully return to you House Bill 1156, with my VETO.

House Bill 1156 is an Act to allow a concealed pistol in the Capitol with an enhanced concealed pistol permit.

On any given day, the array of people found in our historic State Capitol building includes elected officials, tourists, state employees, and school children. The protection we have in the building, from law enforcement officers in uniform or plain clothes, provides a secure environment. I am satisfied that our Highway Patrol is doing its job, and their important work would be made more difficult if others are allowed to carry weapons into the Capitol.

The law enforcement officers who protect our Capitol building have specialized training which is repeated on a regular basis. This ensures when called upon, they are ready to make split-second and life-saving decisions. They prepare themselves mentally at the beginning of each shift, so they are ready to react appropriately should the need arise.



In contrast, the 1,878 South Dakotans who hold an enhanced concealed pistol permit were required to undertake approximately eight hours of instruction, just once. This training includes South Dakota law relating to the use of force, the safe and responsible use of handguns, self-defense principles, and live fire training. There is no training requirement for renewal, even after five years have passed.

During the legislative session, meaningful debates among the public and legislators are frequent and oftentimes passionate. Where emotions can run high, it is important to be protected by people who are routinely trained to manage dangerous situations. Law enforcement training focuses on knowing when to pull the trigger-and when not to. Our law enforcement officers are uniquely able to protect the public, and I believe this bill would complicate that work.

For these reasons, I ask that you sustain my veto.

Respectfully submitted,
Dennis Daugaard
Governor

March 17, 2017

The Honorable G. Mark Mickelson
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501

Dear Mr. Speaker and Members of the House of Representatives,

I herewith return to you House Bill 1072 with my VETO.

House Bill 1072 is an Act to repeal and revise certain provisions relating to permits to carry a concealed pistol.

The proponents of House Bill 1072 did not testify about problems that exist with our current permitting laws in the bill's hearings. I am unaware of a single instance in which a person who could lawfully possess a gun was denied a permit to carry a concealed pistol. Our permit laws are effective in screening people who are not eligible to carry a concealed weapon. Over the last three years, Minnehaha and Pennington Counties have turned down nearly 600 permit applicants who were disqualified due to mental illness or due to violent or drug-related crimes. It is for this reason the South Dakota Sheriffs Association, the South Dakota Police Chiefs Association, the South Dakota State's Attorneys Association, and the South Dakota Fraternal Order of Police all opposed House Bill 1072.

Proponents of this bill argued that our state concealed carry laws infringe on the Second Amendment right to bear arms. I respectfully disagree with that notion. As Justice Antonin Scalia wrote in his majority opinion in District of Columbia v. Heller. "There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited, just as the First

Amendment's right of free speech was not." As an example of a lawful limitation Justice Scalia states that "prohibitions on carrying concealed weapons were lawful under the Second Amendment.."

As a longtime member of the NRA, I support the right to bear arms. South Dakota's current permit process is simple and straightforward, and permits can be obtained in a matter of minutes. It is paramount that our state protect the rights of our citizens while at the same time protecting the lives of our citizens. I believe our current laws appropriately protect both interests, and I ask that you sustain my veto.

Respectfully submitted,
Dennis Daugaard
Governor

March 17, 2017

The Honorable G. Mark Mickelson
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501

Dear Mr. Speaker and Members of the House of Representatives,

I respectfully return to you House Bill 1149, with my VETO.

House Bill 1149 is an Act to revise the tax on certain telecommunication services and devices.
This bill reduces the access fee on certain communication devices and services from 15 cents per month to 14 cents per month. At present, 90 percent of this fee is directed into the telecommunication fund for the deaf. Proponents of this bill voiced concern regarding the growth of the telecommunication fund, as revenue from the fee has generally outpaced authorized spending. Due to these past surpluses, money in this fund has been reallocated to fund other projects.

The outlook of this fund, however, does not align with its history. The Bureau of Finance and Management estimates this proposed reduction could result in a long-term structural deficit in the telecommunication fund for the deaf.

Furthermore, I cannot support reducing this fee in a tough budget year. If in the future we find that the fees collected outpace the need, the legislature should consider institutionalizing the use of these funds to support other government purposes by reallocating some additional portion of the fee to the general fund.

For these reasons, I ask that you sustain my veto.

Respectfully submitted,
Dennis Daugaard
Governor



MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has sustained the veto of the Governor on SB 164.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has sustained the veto of the Governor on SB 33.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 179 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The House proceeded to the reconsideration of HB 1156 pursuant to the veto of the Governor and the veto message found on page 763 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall HB 1156 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 42, Nays 27, Excused 1, Absent 0

    Yeas:
Bartels; Beal; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Steinhauer; Wiese; Willadsen; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Anderson; Bartling; Bordeaux; Carson; Chase; Conzet; Duvall; Hawley; Holmes; Hunhoff; Johns; Lesmeister; McCleerey; Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Stevens; Tieszen; Tulson; Turbiville; Wismer; York



    Excused:
Soli

    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost, sustaining the Governor's veto.

    The House proceeded to the reconsideration of HB 1072 pursuant to the veto of the Governor and the veto message found on page 764 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall HB 1072 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 36, Nays 33, Excused 1, Absent 0

    Yeas:
Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Howard; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Marty; May; McPherson; Mills; Otten (Herman); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Schoenfish; Wiese; Willadsen; Zikmund

    Nays:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Carson; Chase; Conzet; Duvall; Glanzer; Hawley; Holmes; Hunhoff; Jamison; Johns; Lust; McCleerey; Peterson (Kent); Reed; Ring; Rounds; Rozum; Schaefer; Smith; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wismer; York; Speaker Mickelson

    Excused:
Soli

    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost, sustaining the Governor's veto.

    The House proceeded to the reconsideration of HB 1149 pursuant to the veto of the Governor and the veto message found on page 765 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall HB 1149 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 41, Nays 28, Excused 1, Absent 0


    Yeas:
Ahlers; Bartling; Bordeaux; Brunner; Campbell; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; McPherson; Mills; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Schoenfish; Smith; Tieszen; Wiese; Wismer

    Nays:
Anderson; Bartels; Beal; Carson; Chase; Glanzer; Haggar; Heinemann; Holmes; Hunhoff; Johns; Kettwig; Lake; Lust; Otten (Herman); Peterson (Kent); Peterson (Sue); Rounds; Rozum; Schaefer; Steinhauer; Stevens; Tulson; Turbiville; Willadsen; York; Zikmund; Speaker Mickelson

    Excused:
Soli

    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost, sustaining the Governor's veto.

    There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    Rep. Qualm moved that the rules be suspended for the sole purpose of giving first reading to, dispensing with committee referral, giving second reading and final consideration to SB 179.

    The question being on Rep. Qualm's motion that the rules be suspended for the sole purpose of giving first reading to, dispensing with committee referral, giving second reading and final consideration to SB 179.

    And the roll being called:

    Yeas 57, Nays 12, Excused 1, Absent 0

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


    Nays:
Bordeaux; Carson; Conzet; Haggar; Johnson; Lust; Rhoden; Rounds; Stevens; Tieszen; Willadsen; York

    Excused:
Soli

    So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried, the rules were suspended, and the bill was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 179: FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers.

    Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 179: FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers.

    Was read the second time.

    The question being "Shall SB 179 pass?"

    And the roll being called:

    Yeas 68, Nays 1, Excused 1, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; 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; 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; Speaker Mickelson

    Nays:
Bordeaux


    Excused:
Soli

    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 reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    Rep. Goodwin moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and giving immediate consideration to a house resolution urging Congress to repeal and defund the Patient Protection and Affordable Care Act.

    The question being on Rep. Goodwin's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and giving immediate consideration to a house resolution urging Congress to repeal and defund the Patient Protection and Affordable Care Act.

    And the roll being called:

    Yeas 23, Nays 46, Excused 1, Absent 0

    Yeas:
Ahlers; Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Jamison; Jensen (Kevin); Kaiser; Latterell; Livermont; Marty; May; McPherson; Peterson (Sue); Pischke; Wiese; York

    Nays:
Anderson; Bartels; Bartling; Beal; Bordeaux; Carson; Chase; Clark; Conzet; Duvall; Glanzer; Haggar; Hawley; Heinemann; Holmes; Hunhoff; Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Zikmund; Speaker Mickelson

    Excused:
Soli

    So the motion not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion lost.

    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 House has, pursuant to the Governor's veto of HB 1156, sustained that veto and delivered the same to her Excellency, the Secretary of State, for filing at 1:37 p.m., March 27, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the House has, pursuant to the Governor's veto of HB 1149, sustained that veto and delivered the same to her Excellency, the Secretary of State, for filing at 1:37 p.m., March 27, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the House has, pursuant to the Governor's veto of HB 1072, sustained that veto and delivered the same to her Excellency, the Secretary of State, for filing at 1:37 p.m., March 27, 2017.

Respectfully submitted,
G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of informing his Excellency, the Governor, that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the Ninety-second Legislative Session.

Respectfully,
Kay Johnson, Secretary



SIGNING OF BILLS

    The Speaker publicly read the title to

    SB 179: FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers.

    And signed the same in the presence of the House.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER

    Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Ninety-second Legislative Session.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Brock Greenfield
Lee Qualm    R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

    Rep. Qualm moved that the report of the Joint-Select Committee relative to informing the Governor that the Legislature has completed its labors and is ready to ascertain if he has any further communications to make to the Legislature be adopted.

    Which motion prevailed.

Also MR. SPEAKER:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Ninety-second Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 1:45 p.m., March 27, 2017.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Kris Langer
Lee Qualm    Bob Ewing
Spencer Hawley    Kevin Killer
House Committee    Senate Committee



    Rep. Qualm moved that the report of the Joint-Select Committee relative to fixing the time to adjourn sine die be adopted.

    Which motion prevailed.

    The following prayer was offered by Chaplain, Pastor Peggy Stempson:

Creating God,

    We know that the work is not done, just as You are not done creating and working in this world. We know that although this time has come to an end, there is still much to be done. Help us to seek You first our God and Creator. May we not take for granted the authority that has been placed in our care, and strive to "Do what is fair and just to your neighbor, be compassionate and loyal in your love, And don't take yourself too seriously_take (You, our) God seriously." (Micah 6:8 MSG). Lead us from this place, empowered and inspired by Your spirit, so that we may be the bold spirit-filled leaders who dream Your dreams, live humbly and authentically. We love You and thank You! In Your mighty name we pray. Amen.

    Rep. Qualm moved that the House do now adjourn sine die, which motion prevailed and at 1:45 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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