JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 21, 2014

The House convened at 12:30 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of Allegiance led by House pages Isabel Arnold and Sedona Kintz.

Roll Call: All members present except Rep. Feinstein 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 twenty-third 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1215, which was removed from the table, and returns the same without recommendation.

Respectfully submitted,
Charles B. Hoffman, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1208 and returns the same with the recommendation that said bill be amended as follows:

1208tc

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. No person may operate any motorized vehicle or any combustion engine on any nonmeandered lake for or in connection with any recreational purpose within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or livestock being held in a confined area according to usual and customary animal husbandry practices unless the person:

(1) Has obtained permission from the owner or any other person legally in possession of the impacted property; or

(2) Is traveling directly to or from a ramp, dock, or other point of legal access to the waters of the nonmeandered lake; or

(3) Is operating on the water of a nonmeandered lake adjacent to land that has been subdivided and developed for lakeside dwellings.

A violation of this section is a Class 2 misdemeanor.

Section 2. For purposes of section 1 of this Act, the term, nonmeandered lake, means any natural water body for which a meander line survey was not included as part of the official survey conducted by the United States surveyor general for the land on which the lake is situated. A meander line is a survey line used by the United States surveyor general to define the approximate margin of a natural body of water, primarily used for federal government land sales and land grants. A meander line is not, in itself, a topographical line or the boundary line for land ownership. A nonmeandered lake does not include a body of water created by a manmade impoundment constructed on privately owned land."

1208tta

On page 1, line 1, of the printed bill, delete "access to certain" and insert "certain activities on ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1190, 1209, and 1242 which were tabled.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1149 and 1227 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Brock L. Greenfield, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1183 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 50 and 52 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 1196 which was tabled.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1256 and returns the same with the recommendation that said bill be amended as follows:

1256ja

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. There is hereby appropriated from the South Dakota's future fund the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, to the supplemental school fund.

Section 2. The secretary of education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act. If requests for funding exceed the amount available in th supplemental school fund, the secretary shall distribute the moneys on a pro rata basis.

Section 3. There is hereby established the supplemental school fund to provide additional funding for school districts with less than a ninety percent graduation rate to implement programs aimed at increasing graduation rates including Jobs for America's Graduates.

Section 4. The secretary of education shall monitor the graduation rate of each school district that receives funding pursuant to this Act and shall promulgate rules pursuant to chapter 1-26 to establish an application process, reporting requirements, award amounts, school and program standards, and other areas required for the implementation of this Act."

1256jb

On the previous amendment (1256ja), in the first line of Section 1, delete "five hundred thousand" and insert "one dollar ($1)", and in the second line, delete "dollars ($500,000)".

1256jta

On page 1, line 2, of the printed bill, after "programs" insert "and to make an appropriation therefor".

And that as so amended said bill be referred to committee on Appropriations.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1214 and 1219 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1161 and returns the same with the recommendation that said bill be amended as follows:

1161jb

On page 1, line 5, of the printed bill, delete everything after "human trafficking" and insert ".".

On page 1, delete lines 6 to 12, inclusive.

On page 2, delete lines 1 to 7, inclusive.

And that as so amended 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 1155 and 1250 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1038 and 1203 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 1040 and returns the same with the recommendation that said bill be amended as follows:

1040ha

On page 16, line 16, of the printed bill, delete "$282,054,790" and insert "$272,830,762".

On page 16, line 17, delete "$463,917,463" and insert "$452,457,392".

1040nc

On page 17, line 13, of the printed bill, delete "39,774,787" and insert "39,792,925".

On page 17, line 14, delete "27,617,674" and insert "27,618,832".

On page 26, line 7, delete "86,218,343" and insert "86,270,191".

On page 31, line 5, delete "3,230,807" and insert "3,258,350".

On page 31, line 24, delete "4,129,047" and insert "4,192,643".

On page 33, line 2, delete "1,037,329" and insert "1,049,208".

On page 33, line 12, delete "1,118,893" and insert "1,130,101".

On page 33, line 23, delete "652,240" and insert "659,558".

On page 34, line 10, delete "633,565" and insert "637,454".

On page 34, line 19, delete "1,139,138" and insert "1,140,894".

On page 35, line 3, delete "224,380" and insert "225,556".

On page 35, line 20, delete "1,676,430" and insert "1,678,289".

On page 35, line 21, delete "8,940,957" and insert "8,947,834".

On page 36, line 5, delete "217,928" and insert "219,942".

On page 36, line 6, delete "2,626,876" and insert "2,634,326".

On page 36, line 24, delete "677,296" and insert "697,956".

On page 37, line 1, delete "2,239,628" and insert "2,270,617".

On page 38, line 7, delete "4,233,689" and insert "4,233,782".

On page 38, line 8, delete "880,760" and insert "885,081".

On page 42, line 12, delete "2,226,290" and insert "2,231,973".

On page 42, line 13, delete "2,660,343" and insert "2,667,067".

1040nb

On page 14, between lines 13 and 14 of the printed bill, insert:

"Operating Expenses, General Funds, delete "$1,147,895" and insert "$1,319,327"".

1040md

On page 33 of the printed bill, between lines 3 and 4, insert:

"F.T.E., delete "378.8" and insert "406.1".

1040aa

On page 49 of the printed bill, delete lines 19 to 22, inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:

1112na

On page 1, line 9, of the printed bill, delete everything after "~~($5,520,000)~~" and insert "one dollar ($1) from the".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1175 and returns the same with the recommendation that said bill be amended as follows:

1175na

On page 1, line 8, of the printed bill, delete everything after "one" and insert "dollar".

On page 1, line 9, delete "($1,000,000)" and insert "($1)".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1005 and 1261 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Fred W. Romkema, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1064, 1074, and 1101 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1012 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 1, 13, 19, 69, 161, 164, 172, and 186 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 3 Introduced by: Representatives Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann, Heinert, Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); 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.

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eighty-ninth Legislature of the State of South Dakota to Isabel Arnold, Mikayla Brakke, Jennifer Christensen, Georgia Edoff, Ashley Grambihler, Raven Jorgensen,

Sedona Kintz, Celeste LaCoursiere, Caroline Perry, Emily Pillatzki, Ridge Sandal, Olivianne Stavick, Julia Stys, Jaydon Ysbrand.

WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-ninth Legislative Session; and

WHEREAS, the members of the Eighty-ninth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-ninth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Munsterman moved that House Page Resolution 3 be adopted.

Which motion prevailed and the resolution was adopted.

HCR 1020 Introduced by: Representatives Russell, Campbell, Cronin, Feickert, Greenfield, Haggar (Jenna), Heinemann (Leslie), Kaiser, Kopp, Latterell, Magstadt, May, Nelson, Olson (Betty), and Schrempp and Senators Monroe, Begalka, Jensen, Lederman, Otten (Ernie), and Van Gerpen

A CONCURRENT RESOLUTION, Recognizing the 22^nd anniversary of the Khojaly tragedy which resulted in the loss of over six hundred lives.

WHEREAS, the Nagorno-Karabakh War, lasting from 1988 to 1994, was a conflict between Armenia and Azerbaijan; and

WHEREAS, on February 25 and 26, 1992, Armenian armed forces, accompanied by Russian military troops, occupied the town of Khojaly in Azerbaijan, killing over six hundred innocent civilians, including many children, women, and elderly; wounding over one thousand and taking over twelve hundred civilians prisoner; and

WHEREAS, many civilian bodies found in Khojaly after the fight were disfigured and mutilated, making this one of the most inhumane and barbaric battles of the war; and

WHEREAS, international organizations such as Human Rights Watch documented these killings; moreover, major United States and international news organizations reported the killings with horror, and numerous governments around the world have condemned the attack; and

WHEREAS, to this day, the conflict between Azerbaijan and Armenia continues, with Armenian forces occupying twenty percent of Azerbaijan's territory, including the Nagorno-Karabakh region and surrounding seven districts; and

WHEREAS, resolutions condemning the occupation of Azerbaijan's territory by Armenian forces have been passed by the United Nations Security Council and General Assembly; and

WHEREAS, this tragic event is a sobering reminder of the terrible carnage that can be inflicted in wartime and the enduring need for greater understanding, communication, and tolerance among people the world over:

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 Legislature recognizes February 26, 2014, as the 22^nd anniversary of the Khojaly Tragedy in Azerbaijan.

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

HCR 1021 Introduced by: Representatives May, Anderson, Bartling, Campbell, Craig, Greenfield, Haggar (Don), Haggar (Jenna), Hawks, Heinert, Hoffman, Johns, Kopp, Olson (Betty), Schaefer, Schrempp, Stevens, Tulson, and Wick and Senators Bradford, Ewing, Jensen, and Maher

A CONCURRENT RESOLUTION, Urging the United States Department of Agriculture to withdraw certain rules imperiling the South Dakota livestock industry.

WHEREAS, the South Dakota cattle industry is vital to the economic and social well-being of the state; and

WHEREAS, foot-and-mouth disease is one of the most contagious diseases known to cloven-footed animals including cattle, hogs, and sheep and an outbreak of the disease could significantly harm livestock producers and South Dakota's economy; and

WHEREAS, the United States has not had an outbreak of foot-and-mouth disease since 1929 when the disease was then inadvertently introduced into the state of California via contaminated animal products imported from Argentina; and

WHEREAS, the United States has successfully prevented any further reintroductions of foot-and-mouth disease by strictly prohibiting the importation of livestock and fresh and chilled meat originating in countries where foot-and-mouth disease has not been eradicated and where a risk of outbreaks persists; and

WHEREAS, the United States Department of Agriculture is now proposing a rule to allow the importation into the United States of fresh and chilled beef from fourteen states in Brazil, including states where widespread outbreaks of foot-and-mouth disease occurred as recently as 2005 and 2006, where vaccination is practiced in an attempt to control foot-and-mouth disease,

and that are adjacent to Paraguay, which had an outbreak of foot-and-mouth disease as recently as 2011; and

WHEREAS, the United States Department of Agriculture admits there is an increased risk of introducing foot-and-mouth disease into the United States under its proposed rule by acknowledging that "as long as foot-and-mouth disease is endemic in the overall region in South America, there is a risk of reintroduction from adjacent areas into the proposed exporting region," which is the fourteen states in Brazil; and

WHEREAS, the United States Department of Agriculture further admits that its proposed rule would result in reduced financial returns to cattle producers and beef processors in the United States, which necessarily includes those in the State of South Dakota:

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 United States Department of Agriculture be requested to immediately withdraw its proposed rule titled "Importation of Beef from a Region in Brazil" that would allow the importation of fresh and chilled beef from fourteen states in Brazil and instead to promulgate a rule to strictly prohibit the importation of fresh and chilled beef from Brazil until the United States Secretary of Agriculture certifies to Congress that every region of Brazil is free of foot-and-mouth disease without vaccination; and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the President of the United States, the United States Secretary of Agriculture, and each member of the South Dakota congressional delegation.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1244 as found on page 459 of the House Journal; also

Health and Human Services on HB 1257 as found on page 461 of the House Journal; also

Local Government on HB 1096 as found on page 464 of the House Journal; also

Local Government on HB 1164 as found on page 465 of the House Journal; also

Transportation on HB 1194 as found on page 466 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 1: FOR AN ACT ENTITLED, An Act to provide for the selection of the chair and vice chair of the Executive Board of the Legislative Research Council, to provide for the year-round governance of the Legislative Research Council by the Executive Board, to provide for the term of each constituted Executive Board, and to provide for continuity of board membership.

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

SB 13: FOR AN ACT ENTITLED, An Act to make use of hand-held mobile telephones while driving a commercial motor vehicle a serious traffic violation and to update certain references to federal regulations regarding the issuance of commercial driver licenses.

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

SB 19: FOR AN ACT ENTITLED, An Act to increase expenditure authority to accommodate donations to projects at Black Hills State University and Northern State University, to authorize the acquisition and renovation of improved real property for a project at Dakota State University, and to declare an emergency.

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

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment.

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

SB 161: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to notice provided by mineral developers.

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

SB 164: FOR AN ACT ENTITLED, An Act to revise the allocation of certain temporary nonresident waterfowl hunting licenses.

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

SB 172: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to services performed by dental hygienists.

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

SB 186: FOR AN ACT ENTITLED, An Act to revise certain electronic driver license renewal requirements and to authorize electronic upgrades of restricted minor's permits.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 119: FOR AN ACT ENTITLED, An Act to update and revise the statutes relating to the South Dakota Board on Geographic Names.

Was read the second time.

The question being "Shall SB 119 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; 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); Otten (Herman); 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:
Feinstein

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 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of certain open containers of alcoholic beverages.

Was read the second time.

The question being "Shall SB 39 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Feinstein

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 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the titling and licensing of boats and motor vehicles and to establish certain penalties for violation of those provisions.

Was read the second time.

The question being "Shall SB 60 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Feinstein

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 88: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding traction engines operated over bridges.

Was read the second time.

The question being "Shall SB 88 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Feinstein

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 1134, 1142, 1166, 1129, 1085, and 1111 and SB 12, 64, 55, 27, 31, 32, 63, 14, 89, 93, 103, 29, 54, and 59 be deferred to Monday, February 24, the 25^th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1084 was delivered to his Excellency, the Governor, for his approval at 9:08 a.m., February 21, 2014.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1064, 1074, and 1101 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1064: FOR AN ACT ENTITLED, An Act to repeal certain obsolete provisions and references concerning weather modification programs.

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning actions prohibited near polling places.

HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the board of directors of the Science and Technology Authority.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 1:05 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk