House of Representatives Journal 2/11/2015 02:00 PM

JOURNAL OF THE HOUSE

NINETIETH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 11, 2015

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

The prayer was offered by the Chaplain, Pastor Trudy Qualm, followed by the Pledge of Allegiance led by House pages Maria Corio, Lauren Groeger, and Taylee Hudson.

Roll Call: All members present except Reps. Verchio and Willadsen 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 nineteenth 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.

HONORED GUESTS

Speaker Wink introduced Roni Jankord of Castlewood, the 2014 South Dakota 4-H Rodeo Ambassador.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1003 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1118 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. That § 13-39-34 be amended to read as follows:

13-39-34. Any LEA proposing to ~~operate~~ establish a postsecondary technical institute ~~or establish an existing postsecondary technical institute as a separate legal entity~~ after July 1, 2015, may petition the state board pursuant to §§ 13-39-35 to ~~13-39-36~~ 13-39-35.2, inclusive. The state board may conduct hearings, investigate school records, and secure other data relating to the proposed postsecondary technical institute, its geographical location, the demography and economy of the area, and any other facts relating to the proposed postsecondary technical institute which the state board may consider appropriate. This section does not apply to a distinct separate LEA established pursuant to § 13-39-35.3.

Section 2. That § 13-39-35.3 be amended to read as follows:

13-39-35.3. Any postsecondary technical institute, ~~LEA~~ school district LEA or school districts, or any combination of them that established a postsecondary technical institute before July 1, 2015, may ~~modify the postsecondary technical institute's governing board, the procedure for selecting the governing board members and may determine whether~~ file a petition with the state board to establish the postsecondary technical institute as a distinct separate LEA, which shall be an LEA and a public body under chapter 1-16A. The state board must approve the petition before the postsecondary technical institute may operate as a distinct separate LEA. Upon establishment of such a distinct separate LEA, the school district LEA shall assign to, and the newly established distinct separate LEA shall expressly assume, all duties and powers and all rights, covenants, and obligations concerning the postsecondary technical institute, including

without limitation all rights, covenants and obligations of the school district in connection with any lease purchase agreement or sublease authorized under §§ 13-39-66 to 13-39-71, inclusive, and any and all instruments and other agreements related thereto. Nothing in this section is intended to prohibit an agreement between the school district LEA and the distinct separate LEA pursuant to chapter 1-24. The distinct separate LEA established pursuant to this section is not subject to §§ 13-39-34 to 13-39-35.2, inclusive.

Section 3. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as follows:

A board consisting of nine members shall govern the distinct separate LEA established pursuant to § 13-39-35.3.

Section 4. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as follows:

No board member may serve more than three consecutive terms on the distinct separate LEA board referenced in section 3 of this Act. Three board members shall serve an initial one-year term. Three board members shall serve an initial two-year term. Three board members shall serve an initial three-year term. All subsequent board member terms shall be for a period of three years. The board of the school district LEA referenced in § 13-39-35.3 shall appoint all the initial board members.

Section 5. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as follows:

After a member's initial term on the board of the distinct separate LEA is finished, the board of the school district LEA, with input from trade and industry representatives in the region and the postsecondary technical institute president, shall continue to appoint the three board member positions whose initial terms were three years. After the distinct separate LEA board member's initial term is finished, the Governor shall appoint the three board members of the board whose initial terms were one year. After the distinct separate LEA board member's initial term is finished, the nine person distinct separate LEA board, with input from trade and industry representatives in the region and the postsecondary technical institute president, shall appoint the three board members of the board whose initial terms were two years."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1215 and returns the same with the recommendation that said bill be amended as follows:

1215oa

On page 2, line 2, of the printed bill, after "pistol" insert "which shall be distributed fifty dollars to the sheriff and fifty dollars to the secretary of state to be used by the secretary of state to administer the concealed carry program".

On page 2, line 4, after "months" insert "or proof that the applicant is a current or former South Dakota law enforcement officer".

On page 3, line 16, after "any" insert "handgun".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1158 and 1159 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1161 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 1093 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 1139 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. That chapter 5-18B be amended by adding thereto a NEW SECTION to read as follows:

If an invitation for a bid for airport improvements states that the requirement the bid be awarded within thirty days has been waived, the provisions of subdivision 5-18A-5(7) and § 5-18B-9 do not apply. If the bid award time exceeds thirty days, any bid may be withdrawn by the bidder without jeopardizing the bid bond. This section only applies to any improvement project that relies on federal funding from the federal aviation administration."

And that as so amended said bill 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 1235 and returns the same with the recommendation that said bill be amended as follows:

1235ya

On page 17, line 22, delete "and" and insert "or".

On page 19, line 14, delete "33" and insert "32".

On page 21, line 6, before "term" insert "the".

On page 23, line 22, delete "section 30 of this Act" and insert "chapter 58-3".

On page 23, line 23, delete "section 30 of this Act" and insert "chapter 58-3".

On page 23, line 24, delete "section" and insert "chapter 58-3".

On page 24, line 1, delete "30 of this Act".

On page 24, line 2, delete "section 30 of this" and insert "chapter 58-3;".

On page 24, delete line 3.

On page 24, line 12, delete "(2)" and insert "(3)".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1067 and returns the same with the recommendation that said bill be amended as follows:

1067rb

On page 1, line 10, of the printed bill, delete "twenty-five" and insert "thirty-three".

On page 2, line 17, delete "twenty-five" and insert "thirty-three".

On page 3, delete line 11.

On page 3, delete line 12, and insert "Notwithstanding any other provision of law or regulation of this state,".

On page 3, line 14, after "more" insert "for copies of medical records".

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 1082 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. That § 23-1A-5 be amended to read as follows:

23-1A-5. Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint~~, other than one issued by a law enforcement officer,~~ shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following statement printed or written on a complaint or summons for a petty offense on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs this statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.

Section 2. That § 23A-2-1 be amended to read as follows:

23A-2-1. A complaint is a written statement of the essential facts constituting an offense charged. It must be signed under oath before a person authorized to administer oaths in the State of South Dakota. It is sufficient if a law enforcement officer, in lieu of signing a complaint for a Class 2 misdemeanor under oath, signs the following statement printed or written on a

complaint or summons on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs this statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury. "

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 1196 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1001 and 1004 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 81, 100, 126, and 137 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Gosch moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 12, the 21^st legislative day.

Which motion prevailed.

Rep. Gosch moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for a joint session to hear the message of the Canadian Consul General.

Which motion prevailed and the Speaker appointed as such committee Reps. Romkema, Gosch, and Hawley.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on HB 1194 as found on page 359 of the House Journal; also

Transportation on HB 1030 as found on page 359 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 81: FOR AN ACT ENTITLED, An Act to require persons convicted of driving a vehicle while under influence of alcohol, drugs, or intoxicants to pay certain costs to the county.

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

SB 100: FOR AN ACT ENTITLED, An Act to create a leased residential property classification.

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

SB 126: FOR AN ACT ENTITLED, An Act to revise certain publications date citations for references to the International Building Code and International Property Maintenance Code.

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

SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the term of the Executive Board of the Legislative Research Council.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Greenfield requested that SB 77 be removed from the Consent Calendar.

Which request was granted.

Rep. Stevens requested that SB 16 be removed from the Consent Calendar.

Which request was granted.

Rep. Russell requested that SB 40 be removed from the Consent Calendar.

Which request was granted.

HB 1090: FOR AN ACT ENTITLED, An Act to prohibit a person from serving as a member of a consumers power district board of directors in certain cases.

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; 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); Hickey; 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; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Wollmann; Zikmund; Speaker Wink

Excused:
Verchio; Willadsen

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 22: FOR AN ACT ENTITLED, An Act to revise the penalty for altering a registration device issued by a dealer.

Was read the second time.

The question being "Shall SB 22 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Verchio; Willadsen

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

HB 1148: FOR AN ACT ENTITLED, An Act to require that the annual report of a school district contain certain information regarding school district fund balances.

Was read the second time.

The question being "Shall HB 1148 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Verchio; Willadsen

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 moved that HB 1105 be deferred to Tuesday, February 17, the 22^nd legislative day.

Which motion prevailed.

HB 1072: FOR AN ACT ENTITLED, An Act to provide that certain information regarding postsecondary technical institutes be given to parents and guardians of students in middle schools and high schools.

Was read the second time.

The question being "Shall HB 1072 pass as amended?"

And the roll being called:

Yeas 62, Nays 6, Excused 2, 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; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Zikmund; Speaker Wink

Nays:
Haugaard; Johns; Kaiser; Romkema; Rounds; Wollmann

Excused:
Verchio; Willadsen

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 1236: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding commissions received by insurance producers.

Was read the second time.

The question being "Shall HB 1236 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Verchio; Willadsen

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 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liability of parties involved in frivolous or malicious civil actions.

Was read the second time.

1173ya

Rep. Qualm moved that HB 1173 be amended as follows:

On page 1, line 5, of the House Judiciary Committee engrossed bill, after "civil" insert "action".

On page 1, line 5, before "or special" overstrike "action".

Which motion prevailed.

The question being "Shall HB 1173 pass as amended?"

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

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

Nays:
Bordeaux; Deutsch; Gibson; Haugaard; Hickey; Killer; Kirschman; Marty; Ring; Soli; Werner

Excused:
Verchio; Willadsen

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 1216: FOR AN ACT ENTITLED, An Act to repeal the limitation on the total amount of revenue payable from taxes on real property for all taxing districts, except school districts.

Was read the second time.

The question being "Shall HB 1216 pass?"

And the roll being called:

Yeas 22, Nays 46, Excused 2, Absent 0

Yeas:
Bartling; Bordeaux; Feickert; Gibson; Greenfield (Lana); Hawks; Hawley; Hickey; Kaiser; Killer; Kirschman; May; McCleerey; Novstrup (Al); Rasmussen; Ring; Schoenfish; Schrempp; Soli; Solum; Tulson; Wollmann

Nays:
Anderson; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Klumb; Langer; Latterell; Marty; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Sly; Stalzer; Stevens; Werner; Westra; Wiik; Zikmund; Speaker Wink

Excused:
Verchio; Willadsen

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gosch moved that SB 43, 75, and 76 be deferred to Thursday, February 12, the 21^st 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 HB 1007, 1008, 1009, 1010, 1011, 1053, and 1054 were delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 11, 2015.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001 and 1004 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1001: FOR AN ACT ENTITLED, An Act to establish a wine direct shipment license and wine carrier license to enable the direct shipments of certain wine in South Dakota.

HB 1004: FOR AN ACT ENTITLED, An Act to authorize the direct sale of distilled spirits from artisan distillers to retailers and wholesalers.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1015 Introduced by: Representatives Anderson, Bolin, Deutsch, DiSanto, Gosch, Greenfield (Lana), Harrison, Haugaard, Hawks, Hickey, Kaiser, Latterell, Marty, Mickelson, Novstrup (Al), Peterson (Kent), Russell, Stalzer, Stevens, Tulson, Wiik, Wink, and Wollmann and Senators Lederman, Frerichs, Holien, Monroe, Rave, Rusch, Soholt, Solano, and Tieszen

A LEGISLATIVE COMMEMORATION, Honoring senior Chris Pollema of Dakota Valley High School on his academic success.

WHEREAS, Chris Pollema has a 3.97 GPA, is a member of the National Honor Society, and a member of the student council; and

WHEREAS, Chris Pollema has been a member of South Dakota Health Occupations Students of America for two years; and

WHEREAS, Chris Pollema has been involved in both cross country and track while in high school; and

WHEREAS, Chris Pollema has been honored for his research entitled "Using the Enzyme Choline Acetyltransferase to Either Prove or Disprove the Cholinergic Theory and Further Alzheimer's Disease Research;" and

WHEREAS, Chris Pollema was chosen from over 3,100 applicants to be awarded a scholarship in the amount of $185,000 by the National Academy of Future Physicians and Medical Scientists for his excellent research:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature hereby honors and congratulates Chris Pollema for his outstanding accomplishments in academics and participation in athletics and wishes him much success in future endeavors.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 3:31 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk