93
rd Legislative Session _ 2018
Committee: House State Affairs
Wednesday, February 21, 2018
P - Present
E - Excused
A - Absent
Roll Call
P Bartling
P Beal
P DiSanto
P Haugaard
P Hawley
P Heinemann
P Latterell
P Lust
P Mickelson
P Peterson (Kent)
P Rozum
P Qualm, Vice-Chair
P Rhoden, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Rhoden, Chair.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 14, 2018 (PM)
Moved by: Mickelson
Second by: Latterell
Action: Prevailed by voice vote.
MOTION: RECONSIDER HB 1133
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
MOTION: AMEND HB 1133
1133ka
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That § 32-23-21 be amended to read:
32-23-21. It is a Class 2 misdemeanor for any person under the age of twenty-one years to drive,
operate, or be in actual physical control of any vehicle:
(1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's
blood as shown by chemical analysis of the person's breath, blood, or other bodily
substance; or
(2) After having consumed marijuana or any controlled drug or substance not obtained
pursuant to a valid prescription for as long as physical evidence of the consumption
remains present in the person's body.
If a person is found guilty of or adjudicated for a violation of this section, the Unified Judicial
System shall notify the Department of Public Safety. Upon conviction or adjudication, the court shall
suspend that person's driver's license or operating privilege for a period of thirty days for a first
offense, one hundred eighty days for a second offense, or one year for any third or subsequent
offense. However, the court may, upon proof of financial responsibility pursuant to § 32-35.43.1,
issue an order permitting the person to operate a vehicle for purposes of the person's employment,
attendance at school, or attendance at counseling programs. "
Moved by: Mickelson
Second by: Beal
Action: Prevailed by voice vote.
Representative Rhoden, Chair, deferred the hearing of HB 1133 to the bottom of todays agenda
HJR 1006: Proposing and submitting to the electors at the next general election an
amendment to the Constitution of the State of South Dakota, relating to amendments to the
Constitution.
Presented by: Representative Mickelson
Opponents: Rebecca Terk, Dakota Rural Action
Others: Wenzel Cummings, LRC, addressed questions of the committee
MOTION: AMEND HJR 1006
j1006oa
On page 2 of the printed resolution, delete lines 11 to 14, inclusive.
Moved by: Hawley
Second by: Bartling
Action: Prevailed by voice vote.
MOTION: DO PASS HJR 1006 AS AMENDED
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Beal, DiSanto, Haugaard, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent),
Rozum, Qualm, Rhoden
Voting No: Bartling, Hawley
HJR 1008: Proposing and submitting to the voters at the next general election an amendment
to the Constitution of the State of South Dakota, relating to amendments to the Constitution.
Opponents: Rob Timm, Chiesman Center for Democracy (Handour: #1)
Sister Welbig, Presentation Sisters
Senator Nesiba
Others: Wenzel Cummings, LRC, addressed questions of the committee
MOTION: DEFER HJR 1008 TO THE 41
ST LEGISLATIVE DAY
Moved by: Lust
Second by: Bartling
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Bartling, Hawley, Latterell, Lust, Peterson (Kent), Rozum, Qualm
Voting No: Beal, DiSanto, Haugaard, Heinemann, Mickelson, Rhoden
MOTION: TO TABLE HJR 1007
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
HB 1264: authorize the Board of Regents to contract for the construction of a precision
agriculture classroom and laboratory building and renovation of the first and second floors
of Berg Agriculture Hall at South Dakota State University.
Presented by: Representative Qualm (Handout: #2)
Proponents: Lon Stroschein, Raven Industries
Lorin Pankratz, SD Soybean Association
Jerry Schmitz, South Dakota Soybean (Handout: #3)
Taylin Albrecht, SDSU Student Association, Brookings
Cole Berkley, SDSU self, Brookings
Nick Jorgensen, self, Winner
Hal Clemensen, Agtegra Cooperative
Jeff Lakner, self, Wessington
Bill Chase, self, Wolsey
Michael Held, South Dakota Farm Bureau
Mike Rush, Board of Regents
Brenda Forman, South Dakota Association of Cooperatives
Brenda Forman, South Dakota Cattlemen's Association
Dean Krogman, Minnesota/South Dakota Equipment Dealers
Richard Vasgaard, self, Centerville
Matt Krogman, Brookings Economic Development Corporation
MOTION: AMEND HB 1264
1264oa
On page 1, line 12, of the printed bill, delete ", for" and insert ".".
On page 1, delete line 13.
On page 2, delete lines 1 to 24, inclusive.
On page 3, delete lines 1 to 4, inclusive.
Moved by: Mickelson
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1264 AS AMENDED
Moved by: Peterson (Kent)
Second by: Hawley
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
MOTION: AMEND TITLE OF HB 1264
1264ota
On page 1, line 3, of the printed bill, delete everything after "University" and insert ".".
On page 1, delete line 4.
Moved by: Heinemann
Second by: Qualm
Action: Prevailed by voice vote.
MOTION: TO TABLE HB 1261
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
MOTION: TO TABLE HB 1203
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
HB 1315: accommodate legislation regarding education funding.
Presented by: Representative Latterell (Handout: #4)
Proponents: Barb Landers, South Dakota Citizens for Liberty
Opponents: Representative Lake
MOTION: AMEND HB 1315
1315ja
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter 13-7 be amended by adding a NEW SECTION to read:
No later than seven days following the school board's first regular meeting of the calendar year,
each public school district shall provide on the school district website the following information:
(1) The number of school board members and the length of school board terms;
(2) The names of the current school board members and the year in which each member's
term will expire;
(3) The number of vacancies on the school board that will be filled at the upcoming election;
(4) The eligibility requirements to serve on the school board;
(5) An explanation of the process required for an eligible candidate to get the candidate's
name placed on the school district election ballot;
(6) The eligibility requirements to vote in the school district election and the absentee voting
process; and
(7) The date and time at which the school district election will be held and the location of the
polling places.
Following each school district election, each public school district shall provide on the school
district website the school district election results. The past school district election results shall be
maintained on the website for at least five years."
Action: Prevailed by voice vote.
MOTION: TO TABLE HB 1315
Moved by: Qualm
Second by: Rozum
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Bartling, Beal, DiSanto, Hawley, Heinemann, Latterell, Lust, Mickelson, Peterson
(Kent), Rozum, Qualm, Rhoden
Excused: Haugaard
HB 1160: transfer victim services from the Department of Social Services to the Department
of Public Safety.
Presented by: Representative Reed
Proponents: Trevor Jones, Department of Public Safety
MOTION: AMEND HB 1160
1160jf
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 23A-28B-1 be amended to read:
23A-28B-1. Terms used in this chapter mean:
(1) "Claimant," any person entitled to apply for compensation pursuant to this chapter;
(2) "Commission," the South Dakota Crime Victims' Compensation Commission as
established by § 23A-28B-3;
(3) "Crime," conduct that occurs or is attempted in this state, including that arising from
domestic violence and acts of terrorism, as defined in 18 USC § 2331 as of January 1,
1997, which conduct results in personal injury or death and is punishable as a felony or
misdemeanor, or would be so punishable except that the person engaging in the conduct
lacked the capacity to commit the crime under the laws of this state. However, the term
does not include conduct arising out of the ownership, maintenance, or use of a motor
vehicle, boat, or aircraft unless the conduct was intended to cause or did recklessly cause
personal injury or death or unless the conduct constitutes a violation of § 32-23-1, 22-16-41, or 22-18-36;
(4) "Department," Department of Social Services Public Safety;
(5) "Dependent," any spouse, parent, grandparent, stepparent, child, stepchild, adopted child,
grandchild, brother, sister, half brother, half sister, or parent of the spouse of a deceased
victim who was wholly or partially dependent upon the victim's income at the time of the
victim's death, including any child of the victim born after the victim's death;
(6) "Economic loss," medical and hospital expenses, loss of earnings, loss of future earnings,
funeral and burial expenses, homicide scene cleanup expenses, limited personal property
losses, mileage, security devices, and loss of economic benefits or support to dependents,
including home maintenance and child care expenses;
(7) "Fund," the crime victims' compensation fund established by § 23A-28B-40;
(8) "Law enforcement officer," any person as defined in § 22-1-2;
(9) "Medical expense," the cost of all medical and dental services, mental health counseling,
dental and prosthetic devices, eyeglasses or other corrective lenses, including services
rendered in accordance with any method of healing recognized by the laws of this state
or the United States;
(10) "Person," any natural person;
(11) "Personal injury," actual bodily harm or emotional distress;
(12) "Victim," any person who suffers personal injury or death as a direct result of:
(a) A crime, including a federal crime occurring in this state;
(b) A good faith effort by the person to prevent the commission of a crime; or
(c) A good faith effort by the person to apprehend a person suspected of engaging in
a crime;
(13) "Homicide scene cleanup expenses," the cost of cleaning the scene of a homicide, if the
scene is a residence or an automobile, including removing, or attempting to remove, from
the crime scene, blood, dirt, stains, or other debris caused by the crime or the processing
of the crime scene. Compensation may be paid for services provided by persons who are
not members of the immediate family of the victim, including the victim's spouse, parents,
siblings and children, or persons who were not living with the victim at the time of the
crime;
(14) "Personal Property losses," the replacement value of property, including clothing and
bedding, used for evidentiary purposes;
(15) "Security devices," the cost to repair or install locks, door eyeholes, security lights, or
other similar security and safety measures necessary to ensure the safety of the victim.
Section 2. That § 23A-28B-25 be amended to read:
23A-28B-25. No claim for compensation may be awarded:
(1) Unless an application for compensation is filed with the department within one year after
the date of the personal injury or death and the personal injury or death was the result of
a crime which had been reported to a law enforcement officer or agency within five days
of its occurrence or, if the crime could not reasonably have been reported within such that
period, within five days of the date when a report could reasonably have been made. The
department may waive the one year application requirement for good cause shown;
(2) If the victim:
(a) Engaged in conduct which substantially contributed to the infliction of the victim's
injury or death or engaged in conduct which the victim should reasonably have
foreseen could lead to the injury or death. However, this subsection does not apply
to any victim defined in subsections 23A-28B-1(12)(b) and (c)
or to any victim of:
a sex offense under chapter 22-22; human trafficking under chapter 22-49;
domestic abuse under § 25-10-1; child abuse, neglect, or exploitation under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability
under chapter 22-46;
(b) Committed or otherwise participated in a crime which caused or contributed to the
victim's injury or death;
(c) Fails or refuses to cooperate fully with any appropriate law enforcement officer or
agency or with the department in the administration of this chapter. If a claimant
other than a victim fails or refuses to cooperate pursuant to this subsection, no
compensation may be awarded to that claimant; or
(3) To any claimant, if the award would unjustly benefit an offender or an accomplice.
Section 3. That § 1-36-35 be amended to read:
1-36-35. There is hereby created the Visitation Grant Advisory Group to allocate funds received
by the Department of Social Services Public Safety through Part D of Title IV (U.S.C. 651-669). The
advisory group shall be composed of three circuit court judges appointed by the Chief Justice of the
Supreme Court, two members in good standing of the South Dakota Bar Association with experience
in the law of domestic relations, custody, and visitation appointed by the Governor, two at large
members appointed by the Governor, and two legislators, one appointed by the speaker of the House
of Representatives and one appointed by the president pro tempore of the Senate. The terms of the
members of the first advisory group shall be:
(1) One-third selected for one-year terms;
(2) One-third selected for two-year terms; and
(3) One-third selected for three-year terms.
The term of each appointment to the advisory group is three years. No member may serve more than
two consecutive three-year terms. The members may elect a chair from among the members. The
advisory group shall be staffed by the Department of
Social Services Public Safety.
Section 4. That § 25-10-30 be amended to read:
25-10-30. The Department of Social Services Public Safety shall promulgate rules pursuant to
chapter 1-26 to:
(1) Establish minimum qualifications of sexual assault or domestic violence shelters or
service programs; and
(2) Evaluate the programs and services provided by sexual assault or domestic violence
shelters or service programs.
Section 5. That § 23A-28B-44 be amended to read:
23A-28B-44. No application for compensation may be considered by the department or
commission until July 1, 1992. No award of compensation may be made for a crime that occurs prior
to before July 1, 1992. "
Moved by: Heinemann
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1160 AS AMENDED
Moved by: Mickelson
Second by: Heinemann
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
MOTION: AMEND TITLE OF HB 1160
1160jtc
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "transfer victim
services from the Department of Social Services to the Department of Public Safety.".
On page 1, delete lines 2 and 3.
Moved by: Heinemann
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
HB 1133: provide for mandatory drug testing for members of the Legislature.
Presented by: Dean Krogman, SD State Medical Association
MOTION: DEFER HB 1133 TO THE 41
ST LEGISLATIVE DAY
Moved by: Haugaard
Second by: Heinemann
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1133 AS AMENDED
Moved by: Qualm
Second by: Mickelson
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Bartling, Beal, DiSanto, Hawley, Lust, Mickelson, Peterson (Kent), Rozum, Qualm,
Rhoden
Voting No: Haugaard, Heinemann, Latterell
MOTION: AMEND TITLE OF HB 1133
1133kta
On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise certain
provisions regarding operating a vehicle after consumption of a controlled drug or substance.".
On page 1, delete line 2.
Moved by: Qualm
Second by: Mickelson
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Qualm
Second by: Mickelson
Action: Prevailed by voice vote.
Pam Kean
____________________________
Committee Secretary
Larry Rhoden, Chair
../02210745.HST
Page 1