JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 24, 2019

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

The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by House page Joshua Rounds.

Roll Call: All members present except Reps. Johns and Olson 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 tenth 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,

Steven G. Haugaard, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1004, 1006, 1016, and 1030 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1007 and 1043 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1044 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That § 13-28-9 be amended to read:

13-28-9. School residence for the purpose of claiming free school privileges means the legal residence of the student's parents or guardian except as provided in § 13-28-10. If a parent or guardian has more than one residence, the school residence is the residence where the parent or guardian actually lives and makes a home or domicile. In case of dispute, if the student's parent or guardian has claimed a credit pursuant to § 10-13-39, it is presumed that the dwelling so claimed is the residence of the parent or guardian. The student or the student's parents or guardian may not establish school residence and be exempt from the payment of tuition if the residence of the parents or guardian of the student is acquired solely or principally for obtaining free school privileges. At the time a child is enrolled in a school district, the school residence of the child as determined by that school district within thirty days after the enrollment may not change during the school fiscal year, unless the child ceases to be an enrolled member of a school within the district. If a student's parents or guardians are separated or divorced, the school residence is the school district in which the custodial parent or guardian has residence. If the parents or guardian have joint custody of a student, school residence is that of the parent or guardian with whom the child resides the greater portion of the school year.

Notwithstanding the provisions of any other law, if the parent or guardian of a child is transferred to or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order, the child meets the residency requirement for free school privileges in the school district in which the parent or guardian resides or will reside.

For the purposes of this section, a military installation is a base, camp, post, station, yard, center, or other installation under the jurisdiction of the United States Department of Defense. "

And that as so amended said bill do pass.

Respectfully submitted,
Larry P. Zikmund, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 13 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
John Mills, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1052 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1027 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 2, of the printed bill, delete "A county" and insert "Any jurisdiction".

On page 2, line 8, delete "a county" and insert "any jurisdiction".

On page 2, line 9, delete "auditor" and insert "person in charge of the election".

On page 2, line 14, of the printed bill, delete "county auditor" and insert "person in charge of the election".

On page 2 of the printed bill, delete lines 14 to 18, inclusive, and insert:

"appointed. If~~, by the time prescribed in § 12-15-1,~~ the person in charge of the election is unable to appoint a sufficient number of members of the precinct election board ~~are unable to be appointed~~ who meet the requirements under § 12-15-3 by the time prescribed in § 12-15-1, a vacancy may be filled by appointing any registered voter of the county in which the precinct is located ~~provided the voter meets the party distribution required by § 12-15-3~~.".

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

Respectfully submitted,
Herman Otten, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1004, 1006, 1016, and 1030 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that SB 47 be referred from the Committee on Judiciary to the Committee on State Affairs.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1047 as found on page 156 of the House Journal; also

Judiciary on HB 1049 as found on page 157 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1070 Introduced by: Representatives Johns, Barthel, and Rasmussen and Senators Kennedy, DiSanto, Rusch, and Stalzer

FOR AN ACT ENTITLED, An Act to revise the procedure for judgment by confession.

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

HB 1071 Introduced by: Representatives Johnson (David), Anderson, Borglum, Chase, Diedrich, Goodwin, Gosch, Greenfield (Lana), Hammock, Mills, Peterson (Kent), Schoenfish, Steele, and Willadsen and Senators Curd, Cammack, Kolbeck, Partridge, Rusch, Soholt, and Wismer

FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding aviation.

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

HB 1072 Introduced by: Representatives Hammock, Anderson, Brunner, Chaffee, Cwach, Duvall, Finck, Frye-Mueller, Glanzer, Gosch, Gross, Jensen (Kevin), Johns, Johnson (David), Koth, Livermont, Marty, Pischke, Randolph, Reimer, Schoenfish, and Wiese and Senators Stalzer, Blare, Ewing, and Steinhauer

FOR AN ACT ENTITLED, An Act to correct a definition in the Uniform Unsworn Domestic Declarations Act.

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

HB 1073 Introduced by: Representatives Qualm, Chaffee, Chase, Duvall, Finck, Haugaard, Howard, Livermont, Marty, and Randolph and Senators Blare, Cronin, Klumb, and Maher

FOR AN ACT ENTITLED, An Act to revise provisions regarding the killing of certain birds or animals from an aircraft.

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

HB 1074 Introduced by: Representatives Hansen, Beal, Gosch, Johns, Johnson (David), Peterson (Kent), Qualm, Reed, Ring, Schoenfish, and Smith (Jamie) and Senators Schoenbeck, Greenfield (Brock), Kennedy, Nesiba, Novstrup, Rusch, Russell, Smith (VJ), Wismer, and Youngberg

FOR AN ACT ENTITLED, An Act to provide a privilege for journalists and newscasters regarding refusal to disclose information.

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

HB 1075 Introduced by: Representatives Chase, Brunner, Chaffee, Dennert, Duvall, McCleerey, Otten (Herman), Peterson (Kent), Schoenfish, and Wiese and Senators Novstrup, Blare, Cammack, and Wismer

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authority of conservation district governing boards.

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

HB 1076 Introduced by: Representatives Chase, Anderson, Bartels, Barthel, Duvall, Finck, Glanzer, Goodwin, Hunhoff, Jensen (Kevin), Lake, Lesmeister, McCleerey, Otten (Herman), Peterson (Kent), Reed, Ring, Rounds, Schoenfish, Smith (Jamie), and York and Senators Schoenbeck, Blare, Cronin, Greenfield (Brock), Jensen (Phil), Otten (Ernie), Rusch, Russell, Smith (VJ), Solano, Steinhauer, and White

FOR AN ACT ENTITLED, An Act to revise certain real estate licensee advertising restrictions and grant rule-making authority regarding real estate teams.

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

HB 1077 Introduced by: Representatives Willadsen, Anderson, Bartels, Brunner, Deutsch, Duvall, Goodwin, Hansen, Johns, Johnson (David), Livermont, Otten (Herman), Rounds, and Weis and Senators Schoenbeck, Blare, Bolin, Cronin, DiSanto, Kennedy, Langer, Monroe, Nelson, Rusch, Russell, Soholt, Solano, Stalzer, and Steinhauer

FOR AN ACT ENTITLED, An Act to revise provisions regarding designation of a no maintenance highway.

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

HB 1078 Introduced by: Representatives Otten (Herman) and Smith (Jamie) and Senators Soholt and Heinert

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the repair of sidewalks within a municipality.

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

HB 1079 Introduced by: Representatives Otten (Herman), Barthel, Greenfield (Lana), Latterell, Marty, Mills, Pischke, Weis, and Zikmund and Senators Otten (Ernie), Heinert, Nelson, Schoenbeck, and Steinhauer

FOR AN ACT ENTITLED, An Act to allow a person to perform plumbing work on the person's own property without a license and establish a fee.

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

HB 1080 Introduced by: Representatives Zikmund, Barthel, Beal, Bordeaux, Borglum, Brunner, Cwach, Deutsch, Diedrich, Duba, Duvall, Finck, Glanzer, Goodwin, Gosch, Healy, Howard, Jensen (Kevin), Johnson (David), Koth, Latterell, Lesmeister, Livermont, Marty, McCleerey, Mulally, Peterson (Kent), Peterson (Sue), Qualm, Ring, Schoenfish, Smith (Jamie), Steele, Sullivan, Willadsen, and York and Senators Stalzer, DiSanto, Kennedy, Nesiba, Novstrup, Rusch, Russell, Schoenbeck, Smith (VJ), Soholt, Solano, and Steinhauer

FOR AN ACT ENTITLED, An Act to increase the property tax exemption allowed for certain veterans with a disability and the surviving spouses of certain veterans with a disability.

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

HB 1081 Introduced by: Representatives Zikmund, Barthel, Beal, Bordeaux, Borglum, Brunner, Cwach, Deutsch, Diedrich, Duba, Duvall, Finck, Glanzer, Goodwin, Gosch, Greenfield (Lana), Healy, Howard, Jensen (Kevin), Johnson (David), Koth, Latterell, Lesmeister, Livermont, Marty, McCleerey, Mulally, Peterson (Kent), Peterson (Sue), Qualm, Rasmussen, Ring, Schoenfish, Smith (Jamie), Steele, Sullivan, and Willadsen and Senators Stalzer, DiSanto, Kennedy, Nesiba, Novstrup, Rusch, Russell, Schoenbeck, Solano, Steinhauer, and Wismer

FOR AN ACT ENTITLED, An Act to authorize certain paraplegic or amputee veterans or their surviving spouses to retain a property tax exemption without having to reapply each year.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Frye-Mueller requested that HB 1020 be removed from the Consent Calendar.

Which request was granted.

HB 1048: FOR AN ACT ENTITLED, An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the possession of firearms on certain vehicles.

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding bid bonds for public improvement contracts.

HB 1053: FOR AN ACT ENTITLED, An Act to revise the value of gifts permitted for certain insurance advertising or promotional programs.

HB 1003: FOR AN ACT ENTITLED, An Act to revise eligibility for a deferred imposition of sentence.

SB 26: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the regulation of limited gaming in Deadwood, South Dakota.

Were read the second time.

The question being "Shall HB 1048, 1054, 1021, 1053, and 1003, and SB 26 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Hunhoff; Johns; Karr; Olson

So the bills having received an affirmative vote of a majority of the members-elect, the Speaker declared the bills passed and the titles were agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1033: FOR AN ACT ENTITLED, An Act to revise provisions regarding transaction of business by trust companies.

Was read the second time.

The question being "Shall HB 1033 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Hunhoff; Johns; Karr; Olson

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 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the attorney recruitment assistance program.

Was read the second time.

The question being "Shall HB 1046 pass?"

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Hammock; Hansen; Healy; Hunhoff; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Otten (Herman); Peterson (Kent); Peterson (Sue); Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Willadsen; Zikmund; Haugaard

Nays:
Brunner; Chaffee; Dennert; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Howard; Jensen (Kevin); Latterell; Livermont; Marty; Mills; Mulally; Perry; Pischke; Post; Randolph; Steele; Weis; Wiese; York

Excused:
Johns; Olson

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.

HC 1004 Introduced by: Representatives McCleerey, Anderson, Barthel, Brunner, Chase, Cwach, Deutsch, Diedrich, Duba, Duvall, Finck, Frye-Mueller, Goodwin, Hammock, Healy, Johnson (Chris), Johnson (David), Lesmeister, Marty, Mulally, Otten (Herman), Perry, Pischke, Qualm, Randolph, Rasmussen, Reed, Ring, Rounds, Saba, Schoenfish, Smith (Jamie), Steele, Sullivan, Weis, Wiese, York, and Zikmund and Senators Nelson, Blare, DiSanto, Foster, Greenfield (Brock), Heinert, Jensen (Phil), Kennedy, Klumb, Kolbeck, Maher, Monroe, Nesiba, Novstrup, Russell, White, and Wismer

A LEGISLATIVE COMMEMORATION, Honoring and commending Myron Floren, for his service to the state of South Dakota through his exemplary work as an accordionist.

WHEREAS, Myron Floren was known as the accordionist on the Lawrence Welk Show between 1950 and 1980; and

WHEREAS, Myron Floren was highly regarded by Lawrence Welk, who was an accomplished accordion player in his own right; and

WHEREAS, Myron Floren was among the first class of inductees into the Scandinavian-American Hall of Fame in 1984 and inducted into the International Polka Music Hall of Fame in 1990; and

WHEREAS, Myron Floren, a first-generation American who was born in Roslyn in Day County, South Dakota, and was an Augustana graduate, who worked his way through college as "The Melody Man" on KSOO; and

WHEREAS, Myron Floren was awarded by the Confédération Internationale des Accordéonistes their Merit Award in recognition of his outstanding contributions to the international accordion movement:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that Myron Floren be commended and honored for his service to the state of South Dakota through his exemplary work as an accordionist.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1004: FOR AN ACT ENTITLED, An Act to revise parole date calculation provisions.

HB 1006: FOR AN ACT ENTITLED, An Act to revise the time requirements for parole reports and plans.

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions of the alcoholic beverages code.

HB 1030: FOR AN ACT ENTITLED, An Act to allow the Office of School and Public Lands to accept internet bidding for the leasing of state minerals.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
2:58 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk