JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

TENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 23, 2019

Prior to the convening of the House of Representatives, the House and Senate met in Joint Session to hear the budget message from Governor Kristi Noem.

JOINT SESSION

Pursuant to communications from the Committee on Legislative Procedure, as found on page 144 of the House Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a budget message from the Governor, Kristi Noem. The President Pro tempore of the Senate, Brock L. Greenfield, presided.

The following prayer was delivered by Rev. Craig Wexler, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

Creator God, you have created all things and you have tasked us with being the stewards of all you have created, all you have given, all that you have bestowed upon us. As we gather today to hear of our stewardship and where we are at as a state, we pray for your guidance and wisdom; we pray that you will guide our leadership into thoughts, discussion, and decision making that continues to provide your stewardship upon the lives of all households throughout South Dakota. We pray for your provision - “Thy kingdom come, thy will be done,” and "give us this day our daily bread." All that we have is yours, oh LORD, given to us as a gift each day, and we pray that you will guide us in using your provisions responsibly and with sound hearts and minds, so that all people can find comfort and wholeness in our communities. In Your name we pray, Amen.

The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield, Brock; Heinert; Jensen, Phil; Kennedy; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup, Al; Otten, Ernie; Partridge; Rusch; Russell; Schoenbeck; Smith, VJ; Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg.

The Chief Clerk of the House of Representatives, Sandra J. Zinter, called the roll of the House and the following members were present:

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; 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; Speaker Haugaard.

Sen. Langer moved that a committee of four on the part of the Senate and a committee of six on the part of the House be appointed to escort the Honorable Kristi Noem, Governor of the State of South Dakota, to the rostrum.

Which motion prevailed and the President Pro tempore announced as such committee Sens. Bolin, Langer, Heinert, and Kennedy on the part of the Senate and Reps. Haugaard, Gosch, Qualm, Beal, Smith, and McCleerey on the part of the House.

The President Pro tempore, Brock L. Greenfield, introduced the Honorable Kristi Noem to deliver the Budget Address.

The Sergeant at Arms announced the arrival of the Honorable Kristi Noem, who was escorted to the rostrum.

Sen. Langer moved that the Joint Session do now dissolve.

Which motion prevailed.

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

The prayer was offered by the Chaplain, John Fette, followed by the Pledge of Allegiance led by House pages Kailena Anderson and Kahden Mooney.

Roll Call: All members present except Rep. Olson 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 ninth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1048 and 1054 and SB 26 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1033 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1020, 1021, and 1053 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1046 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1003 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 1047 and returns the same with the recommendation that said bill be amended as follows:

1047wa

On page 1, line 5, of the printed bill, delete "under § 23A-26-14".

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 1049 and returns the same with the recommendation that said bill be amended as follows:

1049ja

On page 1, line 9, of the printed bill, remove the overstrikes from "or".

On page 1, line 12, delete everything after "body" and insert ".".

On page 1, delete lines 13 and 14.

On page 2, delete line 1.

And that as so amended said bill do pass.

Respectfully submitted,
Jon Hansen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 1, 16, 18, 36, 45, 47, and 48 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that HB 1019 be referred from the Committee on Commerce and Energy to the Committee on Judiciary.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1060 Introduced by: Representatives McCleerey, Bordeaux, Cwach, Dennert, Diedrich, Duba, Glanzer, Healy, Lesmeister, Pischke, Pourier, Ring, Saba, Smith (Jamie), Sullivan, and Willadsen and Senators Wismer, Greenfield (Brock), Kennedy, Nesiba, Rusch, Steinhauer, and Youngberg

FOR AN ACT ENTITLED, An Act to make an appropriation for increased reimbursement for care of residents of nursing facilities and assisted living facilities.

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

HB 1061 Introduced by: Representatives Reed, Barthel, Borglum, Diedrich, Hansen, Johns, Milstead, Olson, Peterson (Kent), Reimer, Smith (Jamie), and Sullivan and Senators Schoenbeck, Bolin, Kolbeck, Monroe, Soholt, Solano, Stalzer, and Youngberg

FOR AN ACT ENTITLED, An Act to provide for a court order to test for HIV at the request of victims of certain crimes.

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

HB 1062 Introduced by: Representatives Reed, Anderson, Bartels, Diedrich, Duba, Finck, Gross, Hunhoff, Post, and Rounds and Senators Smith (VJ), Novstrup, Soholt, and Youngberg

FOR AN ACT ENTITLED, An Act to exempt from alcoholic beverage regulations certain uses of alcohol by postsecondary institutions.

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

HB 1063 Introduced by: Representatives Reed, Barthel, Borglum, Diedrich, Johns, Latterell, Peterson (Kent), Peterson (Sue), Reimer, and Sullivan and Senators DiSanto, Partridge, Rusch, Soholt, and Wismer

FOR AN ACT ENTITLED, An Act to revise provisions regarding engaging in sexual activity for a fee or other compensation.

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

HB 1064 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to authorize temporary appointments to the State Government Accountability Board.

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

HB 1065 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding assessments for children receiving alternative instruction.

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

HB 1066 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to require students to take a civics test before graduating from high school.

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

HB 1067 Introduced by: Representatives Deutsch and Mills and Senator Wiik

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding adult adoption.

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

HB 1068 Introduced by: Representatives Duvall, Chase, Finck, Lesmeister, Peterson (Kent), Qualm, Schoenfish, and Zikmund and Senators Monroe, Blare, Ewing, Nesiba, Novstrup, and Schoenbeck

FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to promulgate rules to allow certain motor vehicles to follow another motor vehicle on a state highway more closely than otherwise permitted by law.

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

HB 1069 Introduced by: Representatives Weis, Dennert, Frye-Mueller, Gosch, Greenfield (Lana), Johnson (Chris), Livermont, Mulally, Perry, Peterson (Sue), Pischke, Randolph, Rasmussen, and St John and Senators DiSanto, Greenfield (Brock), Jensen (Phil), Novstrup, and Russell

FOR AN ACT ENTITLED, An Act to provide for the proper display and use of the state seal by state agencies.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 1: FOR AN ACT ENTITLED, An Act to add a legislator to the membership of the Extraordinary Cost Oversight Board, to establish the board in statute, and to repeal the administrative rules creating the board.

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

SB 16: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding financial security for the decommissioning of wind turbines.

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

SB 18: FOR AN ACT ENTITLED, An Act to update certain references to federal laws and regulations regarding pipeline safety inspections and to increase the maximum civil penalty for certain pipeline safety violations.

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

SB 36: FOR AN ACT ENTITLED, An Act to revise the membership of the State Workers' Compensation Advisory Council.

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

SB 45: FOR AN ACT ENTITLED, An Act to revise the provisions regarding the filing of a statement of additional issues on appeal in certain contested cases.

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

SB 47: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding permits to carry a concealed pistol.

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

SB 48: FOR AN ACT ENTITLED, An Act to authorize certain improvement districts to issue convention facility on-sale licenses to sell alcoholic beverages.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding petitions, notices, and statements of convention nominees and certifications of party officials.

Was read the second time.

The question being "Shall HB 1026 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; 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

Excused:
Olson

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

HB 1008: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the required notice for biennial state political party conventions.

Was read the second time.

1008ja

Rep. Randolph moved that HB 1008 be amended as follows:

On page 1, line 10, of the printed bill, delete "five" and insert "ten business".

Which motion prevailed.

The question being "Shall HB 1008 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; 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:
Jensen (Kevin)

Excused:
Olson

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 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter registration.

Was read the second time.

1025cb

Rep. Duba moved that HB 1025 be amended as follows:

On page 1, line 14, of the House Local Government Committee engrossed bill, after "." insert "An eligible person who completes an application after the deadline, but before 5:00 p.m. local time on the day of the election, may vote in the election if the eligible person shows a government-issued identification card, provides one other form of proof of residency, and signs an oath attesting that the information provided is true.".

Which motion lost.

The question being "Shall HB 1025 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Olson

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.

COMMEMORATIONS

HC 1003 Introduced by: Representatives Duba, Beal, Borglum, Dennert, Diedrich, Gosch, Greenfield (Lana), Healy, McCleerey, Peterson (Kent), Pischke, Ring, Saba, Schoenfish, Smith (Jamie), Sullivan, and Willadsen and Senators Schoenbeck, Cronin, Heinert, Langer, Nesiba, Rusch, and Wiik

A LEGISLATIVE COMMEMORATION, Commending and recognizing the numerous contributions made by South Dakota's social workers and recognizing March 2019 as National Social Work Month.

WHEREAS, the social work profession is dedicated to enhancing well-being and helping meet the basic needs of all people, especially those who are vulnerable, oppressed, and living in poverty; and

WHEREAS, this year's National Social Work Month theme, Elevate Social Work, embodies the need to recognize the extraordinary contributions of the profession to our society; and

WHEREAS, the social work profession is expected to grow faster than average over the next seven years; and

WHEREAS, social workers elevate and empower people, giving them the ability to solve problems, cope with personal roadblocks, and get individuals the resources they need to succeed; and

WHEREAS, the social work profession is deeply integrated into our society with social workers active in government, schools, universities, social service agencies, communities, corporations, the military, and in health care and mental health care settings; and

WHEREAS, social workers are the largest group of providers of mental health services in the United States, and the U.S. Department of Veterans Affairs is one of the largest employers of social workers holding advanced degrees; and

WHEREAS, social workers travel across the nation and world to help people in crisis, helping them overcome issues including death and grief, epidemics, environmental pollution, and natural disasters such as wildfires, hurricanes, and floods; and

WHEREAS, social workers have been in the forefront on social justice for decades, pushing for equal rights for all; and

WHEREAS, for more than a century, the social work profession has been on the cutting edge of helping create changes to make our society a better place to live, including voting rights, improved workplace safety, a minimum wage, and social safety net programs that ameliorate poverty and hunger; and

WHEREAS, social workers stand ready to help our society overcome current pressing issues, including the need for improved availability of health care and mental health services:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature recognizes March 2019 as National Social Work Month and calls upon all South Dakotans to join with the National Association of Social Workers, the South Dakota chapter, and the State of South Dakota in celebration and support of the social work profession.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
2:39 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk