JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 22, 2019

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

The prayer was offered by the Chaplain, Rev. Seth LaBounty, followed by the Pledge of Allegiance led by House page Elizabeth Aldridge.

Roll Call: All members present except Reps. Bordeaux, Dennert, Olson, and Sue Peterson 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 eighth 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.

The oath of office was administered by Speaker Haugaard to the following named pages:

Elizabeth Aldridge, Kailena Anderson, Allison Blom, Kamryn Brunner, Braden Bury, Jalen Fast, Emma Haggar, Kahden Mooney, Peyton Mueller, Joshua Rounds, Jordan Thompson, and Sydney Worsley.

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

The Speaker waived the announcement of the appointment of the members of the Committee on Military and Veterans Affairs. Copies were distributed.

** Denotes Chair * Denotes Vice-Chair

MILITARY AND VETERANS AFFAIRS (13)

** Zikmund, *Peterson (Sue), Borglum, Deutsch, Diedrich, Finck, Howard, Johnson (Chris), Johnson (David), Marty, McCleerey, Pourier, Randolph

Mr. SPEAKER:

The Committee on Legislative Procedure respectfully reports that arrangements have been made for a Joint Session of the Senate and the House of Representatives to receive the budget message of the Governor. And:

That the Senate and the House will convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 23, 2019.

That the President Pro tempore of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

That when the message of the Governor has been received, the Joint Session be dissolved.

That the message of the Governor be printed in the Senate Journal.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 10, 11, 12, 14, 17, 20, 21, 24, 25, 30, 31, 32, 33, and 35 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that HCR 1001 be referred to the Committee on State Affairs.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on HB 1025 as found on page 137 of the House Journal; also

Local Government on HB 1026 as found on page 138 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1057 Introduced by: Representatives Schoenfish, Johnson (David), Lake, McCleerey, Rounds, and Willadsen and Senators Wismer, Kennedy, Langer, and Stalzer

FOR AN ACT ENTITLED, An Act to revise the definition of attest for the purposes of public accountancy.

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

HB 1058 Introduced by: Representatives Howard, Brunner, Dennert, Deutsch, Duba, Frye-Mueller, Goodwin, Hammock, Jensen (Kevin), Johnson (Chris), Marty, Mills, Perry, Peterson (Sue), Pischke, Randolph, Rounds, and Steele and Senators Monroe, DiSanto, Greenfield (Brock), Jensen (Phil), Kolbeck, Nelson, and Stalzer

FOR AN ACT ENTITLED, An Act to require the provision of certain services regarding special education to students receiving alternative instruction.

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

HB 1059 Introduced by: Representatives Duvall, Anderson, Beal, Cwach, Duba, Glanzer, Lesmeister, Peterson (Kent), Willadsen, and Zikmund and Senators Solano, Ewing, Kennedy, Kolbeck, Stalzer, and White

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vehicle dealer licensing.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

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

SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the granting of work permits to minors who refuse to submit to chemical analyses.

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

SB 12: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the disqualification of commercial driver license holders for failure to consent to chemical analyses.

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

SB 14: FOR AN ACT ENTITLED, An Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.

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

SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain indemnity bonds that the Public Utilities Commission may require.

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

SB 20: FOR AN ACT ENTITLED, An Act to update certain provisions regarding consumer protection.

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

SB 21: FOR AN ACT ENTITLED, An Act to authorize certain tobacco manufacturers to assign to the state the interest of the manufacturer in any money in a qualified escrow fund.

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

SB 24: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state assessments.

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

SB 25: FOR AN ACT ENTITLED, An Act to revise the authority of Department of Revenue special agents.

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

SB 30: FOR AN ACT ENTITLED, An Act to remove certain unnecessary federal references and dates from certain provisions relating to the Department of Social Services.

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

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal background checks for assistant behavior analysts and paraprofessionals.

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

SB 32: FOR AN ACT ENTITLED, An Act to revise the composition of the South Dakota Board of Social Work Examiners.

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

SB 33: FOR AN ACT ENTITLED, An Act to authorize the commissioner of school and public lands to sell and acquire certain real property.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 35: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding revocation of occupational licenses.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Chaffee requested that HB 1008 be removed from the Consent Calendar.

Which request was granted.

HB 1032: FOR AN ACT ENTITLED, An Act to revise provisions regarding money transmission.

HB 1036: FOR AN ACT ENTITLED, An Act to revise provisions related to the Board of Technical Professions.

HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state laboratory services.

HB 1013: FOR AN ACT ENTITLED, An Act to require criminal background investigations for certain vital records employees.

Were read the second time.

The question being "Shall HB 1032, 1036, 1012, and 1013 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); 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:
Bordeaux; Dennert; Johnson (David); Olson; Peterson (Sue)

So the bills having received an affirmative vote of a majority of the members-elect, the Speaker declared the bills passed and the titles were agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale and purchase of big game animal parts.

Was read the second time.

The question being "Shall HB 1023 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Bordeaux; Dennert; Johnson (David); Olson; Peterson (Sue)

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 1024: FOR AN ACT ENTITLED, An Act to authorize certain species of game fish to be used as bait.

Was read the second time.

The question being "Shall HB 1024 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; 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); 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:
Bordeaux; Dennert; Olson; Peterson (Sue)

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 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance contribution rates.

Was read the second time.

The question being "Shall HB 1034 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; 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); 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:
Bordeaux; Dennert; Olson; Peterson (Sue)

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.

Rep. Gosch requested a fiscal note on HB 1035.

Which request was supported.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
2:55 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk