JOURNAL OF THE HOUSE

NINETIETH SESSION



THIRTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 30, 2015

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

    The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of Allegiance led by House pages Jordon Silbernagel and Jon Haugaard.

    Roll Call: All members present except Reps. Hickey, Rozum, and Schoenbeck 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 twelfth 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,
Dean Wink, Chair

    Which motion prevailed.
RECOGNITION


    The House of Representatives recognized Jeremiah Klumb who served the 2015 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 1096 and SB 34 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1125 and SB 23 and 36 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1041 and 1050 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 1002 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 5, of the printed bill, delete "one hundred" and insert "one dollar ($1)".

    On page 1, line 6, delete "thousand dollars ($100,000)".

    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 1047 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 1, of the printed bill, delete "revision" and insert "reversion".

    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 1092 and returns the same with the recommendation that said bill be amended as follows:

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    On page 4, line 5, of the printed bill, delete "one million five" and insert "one dollar ($1)".

    On page 4, line 6, delete "hundred thousand dollars ($1,500,000)".

    And that as so amended said bill do pass.

Respectfully submitted,
Justin R. Cronin, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1098, 1111, and 1120 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1005, 1097, and 1117 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1095 and SB 14 and 15 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1099 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 1083 and returns the same with the recommendation that said bill be amended as follows:

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

"    Section 1. Each fire department may bill and collect the costs of fire fighting and suppression of a fire not covered by the wildland fire suppression statutes set forth in chapter 34-35 equal to or less than a landowner's or homeowner's insurance coverage for property protection."


    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 1124 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 6, of the printed bill, delete "eight" and insert "ten".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 13, of the printed bill, delete "within thirty days".

    On page 1, line 14, after "property" insert "pursuant to chapter 43-41B".

    And that as so amended said bill do pass.

Respectfully submitted,
G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HCR 1003 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1045 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 41, 45, and 63 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    SCR 2: A CONCURRENT RESOLUTION, endorsing the thirty-first anniversary of sister state relations with the Republic of China (Taiwan), Taiwan's inclusion in the Trans-Pacific Partnership (TPP) and Taiwan's participation as an observer in the International Civil Aviation Organization (ICAO).

    Rep. Hunt moved that SCR 2 as found on page 183 of the Senate Journal be concurred in.

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    Rep. Kaiser moved as a substitute motion that SCR 2 be amended as follows:

    On page 1, line 2, of the printed resolution, delete everything after "(Taiwan)" .

    On page 1, line 3, delete "(TPP)".

    On page 2, delete lines 15 to 24, inclusive.

    On page 3, delete line 1.

    On page 4, delete lines 2 to 4, inclusive.

    On page 4, line 5, delete "(3)" and insert "(2)".

    Which motion lost.

    The question being on Rep. Hunt's motion that SCR 2 be concurred in.

    And the roll being called:

    Yeas 64, Nays 3, Excused 3, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kirschman; Klumb; Langer; Latterell; Marty; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Kaiser; Killer; May


    Excused:
Hickey; Rozum; Schoenbeck

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.


    SCR 3: A CONCURRENT RESOLUTION, Recognizing the mutual benefit between health care sharing and health savings accounts.

    Rep. Craig moved that SCR 3 as found on page 185 of the Senate Journal be concurred in.

    The question being on Rep. Craig's motion that SCR 3 be concurred in.

    And the roll being called:

    Yeas 59, Nays 8, Excused 3, Absent 0

    Yeas:
Anderson; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Wollmann; Zikmund; Speaker Wink

    Nays:
Bartling; Bordeaux; Gibson; Hawks; Killer; Kirschman; Soli; Willadsen

    Excused:
Hickey; Rozum; Schoenbeck

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.

    SCR 4: A CONCURRENT RESOLUTION, Urging Congress to support equity and sales tax fairness.

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

CONSIDERATION OF REPORTS OF COMMITTEES

    Rep. Gosch moved that the report of the Standing Committee on

    Local Government on HB 1081 as found on page 223 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    The following bills were read on Thursday, January 29th, and today the Speaker assigned these bills to committee.

    HB 1172 was referred to the Committee on Education.

    HB 1173 was referred to the Committee on Judiciary.

    HB 1174 was referred to the Committee on Commerce and Energy.

    HB 1175 was referred to the Committee on State Affairs.

    HB 1176 was referred to the Committee on State Affairs.

    HB 1177 was referred to the Committee on State Affairs.

    HB 1178 was referred to the Committee on Commerce and Energy.

    HB 1179 Introduced by: Representatives Wollmann, Beal, Bolin, Brunner, Campbell, Craig, Deutsch, Haggar (Don), Harrison, Haugaard, Hawley, Heinemann (Leslie), Hickey, Hunt, Johns, Kaiser, Kirschman, Klumb, Latterell, Marty, McCleerey, Mickelson, Novstrup (Al), Otten (Herman), Peterson (Kent), Qualm, Rounds, Rozum, Schoenbeck, Schoenfish, Stalzer, Verchio, Westra, Wiik, Willadsen, and Zikmund and Senators Lederman, Brown, Frerichs, Greenfield (Brock), Haggar (Jenna), Monroe, Novstrup (David), Parsley, Peterson (Jim), and Sutton

    FOR AN ACT ENTITLED, An Act to revise the definition of a veteran.

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

    HB 1180 Introduced by: Representatives Haggar (Don), Anderson, Hawley, Rounds, Schoenbeck, and Westra and Senators Rampelberg, Brown, Greenfield (Brock), Lederman, Novstrup (David), and Rave

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of captive insurance companies.

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

    HB 1181 Introduced by: Representatives Rounds, Haggar (Don), and Johns and Senators Haggar (Jenna), Brown, Hunhoff (Bernie), Lederman, and Tieszen

    FOR AN ACT ENTITLED, An Act to authorize the manufacture of cider in certain amounts.

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

    HB 1182 Introduced by: Representatives Kirschman, Beal, Bolin, Feickert, Hickey, Otten (Herman), Ring, Stalzer, Verchio, Wiik, and Zikmund and Senators Lederman, Frerichs, Hunhoff (Bernie), Olson, Parsley, Rampelberg, and Tieszen

    FOR AN ACT ENTITLED, An Act to limit the number of apprentices to be supervised by an electrician.

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

    HB 1183 Introduced by: Representatives Campbell, Beal, Brunner, Harrison, Kaiser, Langer, Latterell, Marty, May, Russell, Stalzer, and Wink and Senators Olson, Greenfield (Brock), Haggar (Jenna), Jensen (Phil), Monroe, and Otten (Ernie)

    FOR AN ACT ENTITLED, An Act to repeal the prohibition against carrying permitted concealed weapons in the state capitol building.

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

    HB 1184 Introduced by: Representatives DiSanto, Campbell, Greenfield (Lana), Haugaard, Latterell, May, and Stalzer and Senators Greenfield (Brock), Haggar (Jenna), Jensen (Phil), and Olson

    FOR AN ACT ENTITLED, An Act to regulate the use of digital-learning platforms in schools accredited by the state.

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


    HB 1185 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make an appropriation for property and casualty loss coverage, to establish the property and casualty captive insurance company fund for state properties, and to declare an emergency.

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

    HB 1186 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to revise an appropriation made to the Science and Technology Authority.

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

    HB 1187 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make an appropriation for liability coverage for the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and South Dakota Education Enhancement Funding Corporation, to establish the liability captive insurance company fund, and to declare an emergency.

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

    HB 1188 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Environment and Natural Resources to develop a hydrologic model of the lower Big Sioux River Basin in southeast South Dakota and to declare an emergency.

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

    HB 1189 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

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


    HB 1190 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make an appropriation for community-based provider workforce improvement and to declare an emergency.

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

    HB 1191 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make an appropriation for the jobs for America's graduates program and to declare an emergency.

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

    HB 1192 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make an appropriation for the protection and enhancement of wildlife habitat and to declare an emergency.

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

    HB 1193 Introduced by: Representatives Ring, Bartling, Bordeaux, Feickert, Gibson, Hawks, Hawley, Kirschman, McCleerey, Schrempp, and Soli and Senators Hunhoff (Bernie), Bradford, Buhl O'Donnell, Heinert, Peterson (Jim), and Sutton

    FOR AN ACT ENTITLED, An Act to lower the state sales and use tax on certain food items and to increase the rate of taxation for the sales and use tax on certain goods and services.

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

    HB 1194 Introduced by: Representatives Otten (Herman), Heinemann (Leslie), Langer, Latterell, Qualm, Rasmussen, Russell, Schoenfish, Tulson, Westra, and Willadsen and Senators Holien, Otten (Ernie), Peters, Rave, and Soholt

    FOR AN ACT ENTITLED, An Act to set a minimum size for a sign about zoning changes or conditional use permits.

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

    HJR 1004 Introduced by: Representatives Gibson, Bartling, Bordeaux, Feickert, Hawks, Hawley, Killer, Kirschman, McCleerey, Schoenfish, and Soli and Senators Hunhoff (Bernie), Frerichs, and Heinert

    A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 5 of the Constitution of the State of South Dakota, relating to legislative redistricting.

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

    The Speaker declared that HB 1164 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    The following bills were read on Thursday, January 29th, and today the Speaker assigned these bills to committee.

    SB 8 was referred to the Committee on State Affairs.

    SB 33 was referred to the Committee on State Affairs.

    SB 38 was referred to the Committee on Judiciary.

    SB 43 was referred to the Committee on Appropriations.

    SB 48 was referred to the Committee on Judiciary.

    SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to commercial driver licensing.

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

    SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale of unpasteurized raw milk.

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

    SB 63: FOR AN ACT ENTITLED, An Act to adopt the Interstate Medical Licensure Compact.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1084: FOR AN ACT ENTITLED, An Act to expand collateral eligible to be pledged as security for public deposits.

    Was read the second time.

    The question being "Shall HB 1084 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Hickey; Rozum; Schoenbeck

    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 1104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notification procedure for payment of delinquent special assessments.

    Was read the second time.

    The question being "Shall HB 1104 pass?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Hickey; Rozum; Schoenbeck

    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. Gosch moved that the balance of the calendar including HB 1073, 1052, 1091, 1106, 1079, and 1080 and SB 61 be deferred to Tuesday, February 3, the 14th 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 1045 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licensure of dentists and dental hygienists and registration of dental auxiliaries.

    And signed the same in the presence of the House.

COMMEMORATIONS

    HC 1009 Introduced by: Representative Hawks and Senator Peters

        A LEGISLATIVE COMMEMORATION, Commending and honoring Kieron James Murphy for his service to the West Central School District and to the community of Hartford, South Dakota.

    WHEREAS, Kieron James Murphy served as a guidance counselor in the West Central School District for fifteen years, both at West Central High School and at Hartford Elementary, guiding thousands of students not only in educational decisions, but also in life decisions; and

    WHEREAS, Kieron James Murphy was a well-respected and well-loved member of the Hartford community where he served as a volunteer firefighter and was an active member of Christ Lutheran Church; and

    WHEREAS, Kieron James Murphy was a loving husband to Robin and incredible father to Alaina, Lauren, and Liam; and

    WHEREAS, Kieron James Murphy was taken from us too early at the age of forty; and

    WHEREAS, South Dakota, and Hartford in particular, greatly appreciate the dedication and service of Kieron James Murphy:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that Kieron James Murphy is commended, remembered, and honored. Kieron James Murphy is recognized for his outstanding service to, and representation of, the state of South Dakota. His family is extended the Legislature's appreciation and condolences.

    HC 1010 Introduced by: Representatives Hunhoff (Jean), Dryden, Haggar (Don), Haugaard, Partridge, and Stevens and Senators Hunhoff (Bernie), Haggar (Jenna), and Tieszen

        A LEGISLATIVE COMMEMORATION, honoring Elizabeth Spier of Sioux Falls, South Dakota, Girls State Governor, and John Dannenbring of Yankton, South Dakota, Boys State Governor, and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Girls State and Boys State programs.

    WHEREAS, Elizabeth Spier and John Dannenbring have been selected and are serving in these high offices and are outstanding young South Dakota leaders; and

    WHEREAS, the goals of Boys State and Girls State are to help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship, and to give better knowledge of the fundamental principles of government within the State of South Dakota through a unique, learn-by-doing workshop; and

    WHEREAS, the South Dakota American Legion and Auxiliary have worked diligently for more than seventy years in conducting these fine programs:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that Elizabeth Spier and John Dannenbring are to be congratulated for their outstanding achievement; that appreciation is extended to those adults who donate time and energy to the program; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys State and Girls State.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 1:51 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk