JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 9, 2019

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

    The prayer was offered by Bishop David Zellmer, followed by the Pledge of Allegiance led by House page Caiden Capaldo.

    Roll Call: All members present except Reps. Herman Otten and Pourier 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 first 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 Joint Committee on Legislative Procedure respectfully reports that it has had under consideration the following additions to the joint rules and returns the same with the recommendation that said rules be adopted:

6G-2. Reprinting of bills and joint resolutions. If a bill is amended, the amendment shall be engrossed on the bill before the bill advances to the next stage of the legislative process. The engrossed bill shall become the original bill.   (Reserved)

6G-4. Printing without consent.
Each house may print bills, messages, and reports without the consent of the other. (Reserved)

6G-5. Engrossing of bills and joint resolutions.
All bills or joint resolutions in either house of the Legislature, which have been favorably acted upon and amendments have been made thereto, before going upon the calendar shall be engrossed. If a bill or resolution is amended, the amendment shall be engrossed on the bill or resolution before advancing to the next stage of the legislative process. Amendments to any bill or joint resolution, made by either house after engrossment, shall likewise be engrossed upon the original bill or joint resolution.

6H-3. Printing and calendaring of commemorations.
Upon introduction, the presiding officer shall order the legislative commemoration printed in the journal of that legislative day. Subsequently the The presiding officer shall place each pending legislative commemoration along with a notation of the page upon which it is printed in the journal on the calendar of the next legislative day following its printing.

6H-5. Calendaring of commemorations in the second house.
Upon receipt of a legislative commemoration from the other house, the presiding officer shall place it on the next day's legislative calendar. along with a notation of the page upon which it is printed in the journal

6A-5. Review of bills by the Legislative Research Council. Before a bill, resolution, or commemorative commemoration may be introduced, it shall be reviewed by the Legislative Research Council for style and form. No bill or joint resolution may be submitted to the Legislative Research Council for review less than forty-eight hours of the final introduction date for bills or joint resolutions as provided in Joint Rule Chapter 17.

6B-1. Time for introduction of bills, number of copies for introduction, bills are property of Legislature. Any member or committee desiring to introduce a bill, resolution, or commemoration shall file two copies of the bill, resolution, or commemoration with the bill clerk at least two hours prior to the opening of the daily session. Any bill, resolution, or commemoration filed with the bill clerk and duly numbered becomes the property of the Legislature and may not thereafter be withdrawn.

6G-7. Enrolling of bills and joint resolutions. A bill which has passed both branches houses of the Legislature shall be at once enrolled. An enrolled bill or joint resolution shall be free from

erasures, marks and interlineations, and each sheet thereof shall be initialed by the chief of engrossing and enrolling and numbered for identification. The cover of the bill or joint resolution shall indicate the house of origin.

6A-2. Format of bills and joint resolutions. If a bill amends an existing statute, the new matter shall be underscored and the omitted matter shall be overstricken. If an entire title, chapter, or section, subdivision, or subsection is to be repealed, only the code citation need be listed.


Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that it has had under consideration the following additions to the House rules and returns the same with the recommendation that said rule be adopted:

H3-1. Appointment of standing committees. The speaker of the House of Representatives shall, with advice from the minority leader, appoint the members of the following standing committees with the number of members as indicated after each committee and shall appoint the chair and vice chair of each committee:

     1. Agriculture and Natural Resources (13)
     2. Appropriations (9)
     3. Commerce and Energy (13)
     4. Education (15)
     5. Government Operations and Audit (5)
     6. Health and Human Services (13)
     7. Judiciary (13)
     8. Legislative Procedure (7)
     9. Local Government (13)
10. Military and Veterans Affairs (5)
    1011. Retirement Laws (5)
    1112. State Affairs (13)
    1213. Taxation (15)(13)
    1314. Transportation (13)

In the absence of the committee chair, the vice chair shall act as chair. The speaker and speaker pro tempore are members of the legislative procedure committee, and the speaker shall serve as chair of the legislative procedure committee.

Respectfully submitted,
Steven G. Haugaard, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Cammack, Blare, and Wismer as a committee of three on the part of the Senate to meet with a committee of four on the part of the House for the purpose of arranging for a memorial recognition of deceased former members of the House and Senate.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, January 10, the 3rd legislative day.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1039 Introduced by: Representatives Bartels, Anderson, Finck, Hunhoff, Reed, and York and Senators Schoenbeck, Klumb, and Wiik

    FOR AN ACT ENTITLED, An Act to provide for the use of the Obligation Recovery Center by certain postsecondary technical institutes.

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

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at
1:12 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk


JOINT SESSION

    The Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson. The President of the Senate, Larry Rhoden, presided.


    The following prayer was delivered by Bishop David B. Zellmer, South Dakota Synod of the ELCA, Sioux Falls, South Dakota:

    Lord of all, you have declared what is right: to seek justice, to love kindness, and to walk humbly with you. On this day we remember Supreme Court Justice Steven Zinter. We give thanks for his love of family, his balanced upholding of the Law and it's administration, and his dedicated service to the people of South Dakota. May our memory of his life be a guide to all those set aside to serve.

    We ask your continued blessing upon Chief Justice Gilbertson, our Supreme Court Justices, our Judges and Magistrates in this state. Guard them from retribution and from corruption. Give them the spirit of wisdom, that they may perceive the truth and administer the law impartially.

    We pray as well for Governor Noem, our Representatives and Senators and all those elected and appointed to serve the people of South Dakota. Bless them with wisdom and courage that they might faithfully serve all the people of this State.

    We pray in Your Holy Name. 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; Olson; Perry; Peterson, Kent; Peterson, Sue; Pischke; Post; 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 three on the part of the Senate and a committee of four on the part of the House be appointed to escort Chief Justice David Gilbertson to the rostrum.

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



    The Lieutenant Governor, Larry Rhoden, introduced the Honorable David Gilbertson, to deliver the State of the Judiciary Address.

    The Sergeant at Arms announced the arrival of Chief Justice David Gilbertson who was escorted to the rostrum.

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

    Which motion prevailed.