JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 31, 2014

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

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Anna Hemenway.

Roll Call: All members present except Reps. Craig and Otten 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 eleventh 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,

Brian G. Gosch, Chair

Which motion prevailed.

The House of Representatives recognized Jeremiah Klumb who served the 2014 Legislature as a computer intern.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1084 and 1099 and HJR 1002 and returns the same with the recommendation that said bills and resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1098 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1003 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1005 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1104 and 1108 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1111 and 1113 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1128 which was tabled.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1124 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Fred W. Romkema, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1100 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 1118 and 1119 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 Judiciary respectfully reports that it has had under consideration HB 1116 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Brian G. Gosch, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1016, 1017, 1018, 1026, 1027, and 1037 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1006 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 29, 58, and 65 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HCR 1010 Introduced by: Representatives Hunhoff (Bernie), Bartling, Cronin, and Lust and Senators Frerichs, Lederman, Rave, and Sutton

A CONCURRENT RESOLUTION, Requesting the Committee on Government Operations and Audit to conduct hearings relating to the operations of the Governor's Office of Economic Development.

WHEREAS, economic development programs and policies are crucial to the future of all South Dakotans; and

WHEREAS, the South Dakota Legislature has made strides in recent years toward more transparency and openness in programs relating to such initiatives; and

WHEREAS, all our citizens and policymakers share an interest in maintaining the integrity of our economic development programs and in looking for ways to correct or improve current policies:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature requests the Joint Committee on Government Operations and Audit to conduct hearings on issues related to the Governor's Office of Economic Development, beginning this 89^th Legislative Session upon receipt of three independent audits. Hearings may include a review of all available audits and other information, ordering of additional audits, questioning of persons involved in related economic development projects, and opportunities for public testimony. The committee's powers to summon witnesses and issue subpoenas may be exercised as necessary. Within thirty days of the final hearings and before December 1, 2014, GOAC is requested to make a report of its findings to the full Legislature and also to make any recommendations deemed necessary.

Was read the first time and the Speaker waived the committee referral.

Rep. Lust moved that HB 1003 be referred to the Committee on Appropriations.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the reports of the Standing Committees on

Agriculture and Natural Resources on HB 1068 as found on page 170 of the House Journal; also

Agriculture and Natural Resources on HB 1076 as found on page 170 of the House Journal; also

Health and Human Services on HB 1092 as found on page 171 of the House Journal; also

Taxation on HB 1069 as found on page 172 of the House Journal; also

Taxation on HB 1086 as found on page 172 of the House Journal; also

Local Government on HB 1074 as found on page 173 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1188 Introduced by: Representatives Gibson, Bartling, Feickert, Hawks, Hawley, Heinert, Hunhoff (Bernie), Killer, Kirschman, Parsley, Peterson, Ring, Schrempp, Tyler, and Wismer and Senators Lucas, Buhl O'Donnell, Frerichs, Jones (Tom), Sutton, and Welke

FOR AN ACT ENTITLED, An Act to revise the manner in which the Governor is to make appointments to legislative vacancies.

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

HB 1189 Introduced by: Representatives Hunhoff (Bernie), Bartling, Feickert, Gibson, Hawks, Hawley, Heinert, Killer, Kirschman, Parsley, Peterson, Ring, Schrempp, Tyler, and Wismer and Senators Sutton, Bradford, Lucas, and Welke

FOR AN ACT ENTITLED, An Act to prohibit certain business entities and affiliated persons from making political campaign contributions to state officeholders or candidates if the business entity does contractual business with certain state agencies.

Was read the first time.

HB 1190 Introduced by: Representatives Solum and Parsley and Senators Jones (Chuck) and Rave

FOR AN ACT ENTITLED, An Act to revise the gross receipts tax imposed on wind farms.

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

HB 1191 Introduced by: Representatives Cammack, Ecklund, Feickert, Hoffman, May, Peterson, Qualm, and Wink and Senators Rhoden, Frerichs, Jensen, Krebs, Rampelberg, and Tieszen

FOR AN ACT ENTITLED, An Act to accommodate legislation relating to the alleviation of livestock losses as a result of the late autumn West River blizzard.

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

HB 1192 Introduced by: Representatives Johns, Cammack, Campbell, Dryden, Duvall, Erickson, Hajek, Hoffman, Kirschman, Kopp, Munsterman, Olson (Betty), Parsley, Peterson, Romkema, Rounds, Rozum, Schaefer, Sly, Solum, Stevens, Wick, and Wink and Senators Ewing, Begalka, Bradford, Jensen, Jones (Chuck), Kirkeby, Lederman, Lucas, Omdahl, Peters, Rampelberg, Rhoden, Tieszen, and Vehle

FOR AN ACT ENTITLED, An Act to designate the Black Hills Mining Museum in Lead as the official mining museum of South Dakota.

Was read the first time and referred to the Committee on Local Government.

HB 1193 Introduced by: Representatives Heinert, Craig, Hawks, Hoffman, Killer, Parsley, Peterson, Schrempp, and Tyler and Senator Welke

FOR AN ACT ENTITLED, An Act to establish certain requirements relating to in situ leach mining.

Was read the first time.

HB 1194 Introduced by: Representatives Hoffman, Cronin, Hunhoff (Bernie), Novstrup (David), Parsley, and Verchio and Senators Brown, Frerichs, Holien, and Lederman

FOR AN ACT ENTITLED, An Act to establish certain requirements relating to the crossing of railroad rights-of-way by rural water system lines.

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

HB 1195 Introduced by: Representatives Feickert, Cronin, Parsley, Peterson, and Schrempp and Senators Frerichs, Buhl O'Donnell, and Welke

FOR AN ACT ENTITLED, An Act to revise the membership requirements and election procedures for members of the South Dakota Wheat Commission.

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

HB 1196 Introduced by: Representative Steele

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to adult oriented businesses.

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

HB 1197 Introduced by: Representatives Stevens, Hunhoff (Bernie), and Schoenfish and Senator Hunhoff (Jean)

FOR AN ACT ENTITLED, An Act to exclude certain maintenance contracts from certain public procurement provisions.

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

HB 1198 Introduced by: Representatives Stevens and Hunhoff (Bernie) and Senator Hunhoff (Jean)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of medical treatment for individuals with mental illness.

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

HB 1199 Introduced by: Representatives Stevens and Campbell and Senator Rave

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding family law.

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

HB 1200 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 bank franchise tax provisions regarding net income and net operating losses.

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

HB 1201 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the bank franchise tax apportionment of income provisions.

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

HB 1202 Introduced by: Representatives Bartling, Hunhoff (Bernie), Parsley, and Stevens and Senators Lucas, Frerichs, Kirkeby, Sutton, and Welke

FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to general education formula.

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

HB 1203 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to improve the financial practices of the State of South Dakota.

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

HB 1204 Introduced by: Representatives Dryden, Cronin, Duvall, Lust, Mickelson, Otten (Herman), Sly, and Wink and Senators Tidemann, Brown, Maher, Peters, and White

FOR AN ACT ENTITLED, An Act to include certain court fines in a school district's local effort for purposes of the state aid to general education formula, and to establish the per student allocation for school fiscal year 2016.

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

HB 1205 Introduced by: Representatives Dryden, Cronin, Duvall, Lust, Mickelson, Otten (Herman), Sly, and Wink and Senators Tidemann, Brown, Maher, Peters, and White

FOR AN ACT ENTITLED, An Act to create the school district tax revenue fund and to revise the distribution of certain tax revenues to school districts.

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

HB 1206 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to authorize the payment of lease rental obligations to the South Dakota Building Authority by the Bureau of Finance and Management, to make an appropriation therefore, and to declare an emergency.

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

HB 1207 Introduced by: Representatives Kirschman, Bartling, Ecklund, Feickert, Gibson, Hawks, Hawley, Heinert, Hunhoff (Bernie), Killer, Nelson, Parsley, Peterson, Ring, Russell, Schrempp, Soli, Tyler, and Wismer and Senators Begalka, Frerichs, Jensen, Jones (Tom), Lucas, and Welke

FOR AN ACT ENTITLED, An Act to repeal certain provisions, commonly known as the gag law, prohibiting certain disclosures by a state agency of information concerning a private entity.

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

HB 1208 Introduced by: Representatives Greenfield, Campbell, Haggar (Don), Haggar (Jenna), Hoffman, Latterell, May, Nelson, Olson (Betty), Peterson, Rasmussen, Ring, Russell, Schoenfish, Stalzer, Tulson, Tyler, and Verchio and Senators Maher, Jensen, and Kirkeby

FOR AN ACT ENTITLED, An Act to restrict access to certain waters that inundate private property.

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

HB 1209 Introduced by: Representatives Greenfield, Campbell, Gosch, Haggar (Don), Haggar (Jenna), Hoffman, Latterell, May, Nelson, Olson (Betty), Peterson, Rasmussen, Russell, Schoenfish, Stalzer, Tulson, Tyler, and Verchio and Senators Maher, Jensen, and Kirkeby

FOR AN ACT ENTITLED, An Act to provide for reimbursement of property taxes paid on certain private lands inundated by the waters of nonmeandered lakes.

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

HB 1210 Introduced by: Representatives Parsley, Bartling, Feickert, Gibson, Hawks, Hawley, Hunhoff (Bernie), Killer, Kirschman, Peterson, Ring, Schrempp, Soli, and Tyler and Senators Welke, Bradford, Buhl O'Donnell, Frerichs, Jones (Tom), Lucas, Sutton, and Tieszen

FOR AN ACT ENTITLED, An Act to expand Medicaid eligibility.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 29: FOR AN ACT ENTITLED, An Act to revise certain provisions in statute and administrative rules regarding the regulation of campgrounds and the license fee for campgrounds and to repeal administrative rules regulating primitive campgrounds, full-service campgrounds, limited service campgrounds, and temporary campgrounds.

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

SB 58: FOR AN ACT ENTITLED, An Act to provide for permits to be issued for certain harvest vehicles.

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

SB 65: FOR AN ACT ENTITLED, An Act to revise and clarify voter eligibility for road district elections.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1090: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding county highways.

Was read the second time.

The question being "Shall HB 1090 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Excused:
Craig; Otten (Herman)

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 1120: FOR AN ACT ENTITLED, An Act to provide for alternative documentation of financial responsibility for vehicles.

Was read the second time.

The question being "Shall HB 1120 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Craig; Otten (Herman)

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.

SB 30: FOR AN ACT ENTITLED, An Act to provide for the definition of an advanced practice registered nurse, to remove certification as a function of the Board of Nursing in issuing a license to a certified registered nurse anesthetist, and to change the nurses' education loan assistance program to a scholarship program.

Was read the second time.

The question being "Shall SB 30 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Craig; Otten (Herman)

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.

SB 56: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding auditing standards used by the Department of Revenue.

Was read the second time.

The question being "Shall SB 56 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Craig; Otten (Herman)

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.

SB 57: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the regulation of the trading stamp business.

Was read the second time.

The question being "Shall SB 57 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Craig; Otten (Herman)

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

Rep. Lust moved that the balance of the calendar including HB 1019, 1081, 1094, 1058, and 1087 be deferred to Tuesday, February 4, the 13^th legislative day.

Which motion prevailed.

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 1016, 1017, 1018, 1026, 1027, and 1037 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1016: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary statutes and administrative rules pertaining to the Department of Public Safety.

HB 1017: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary statutes related to the Department of Social Services.

HB 1018: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the record-keeping process of child welfare agencies to the Department of Social Services.

HB 1026: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Webster National Guard armory and underlying land to the city of Webster.

HB 1027: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Watertown National Guard armory to the city of Watertown.

HB 1037: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to establish limited speed zones on nonstate trunk highways under the jurisdiction of the Department of Transportation.

And signed the same in the presence of the House.

HC 1022 Introduced by: Representatives Tyler, Bartling, Campbell, Ecklund, Feickert, Feinstein, Hawks, Hawley, Heinert, Hickey, Hunhoff (Bernie), Johns, Kaiser, Kirschman, Kopp, Langer, Magstadt, Nelson, Olson (Betty), Parsley, Peterson, Qualm, Ring, Schrempp, Sly, Verchio, and Wismer and Senators Heineman (Phyllis), Lucas, and Omdahl

A LEGISLATIVE COMMEMORATION, Congratulating and celebrating the FIRST LEGO League (FLL) championship teams of South Dakota.

WHEREAS, the FLL was brought to South Dakota by Dr. Alan Swanson in 2008 after he recognized the need for a program which would emphasize science, technology, engineering, and math. This event has since grown from fourteen teams in 2008 to eighty-two teams competing in five qualifying tournaments. The FLL is a volunteer program that requires hundreds of hours of work for teams to accomplish their goals; and

WHEREAS, the South Dakota Robotics Association (SDRA) was organized to teach robotics and engineering classes and to allow South Dakota to become an official FLL region. Over one thousand students have benefitted from SDRA camps and classes, and approximately six hundred students competed in the 2014 FIRST LEGO League Challenge; and

WHEREAS, studies show that FLL participants show a greater interest in science, technology, computers, robots, and problem solving. Students who participate in this "Sport for the Mind" learn thinking skills, problem solving skills, work-place related skills, and research skills; and

WHEREAS, twelve of the 2014 FLL competition, F-6, Robo Hobos, Irrationals, Omnitechniks, Boss Robotics, Nindroids, Teenage Mutant Ninja Wombats, Mickelson Mindstorm Squad, the Energizers, Techno Kids, Lords of Legos, and Ladies of Legos (L.O.Ls) were winners in various divisions. Charron's Dark Knights and Caffeinated Bacon Bits placed first and second and will represent South Dakota in international competition this summer:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that these teams be congratulated for their outstanding accomplishments in the 2014 FIRST LEGO League Championship.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 1:19 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk