JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 8, 2019

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

The prayer was offered by the Chaplain, Rev. Lizette Hunt, followed by the Pledge of Allegiance led by House pages Olivia Althoff and Brook Pies.

Roll Call: All members present except Rep. Olson 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 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,

Steven G. Haugaard, Chair

Which motion prevailed.

HONORED GUESTS

Rep. Lesmeister introduced Miranda Vines, the 2018 South Dakota 4-H Rodeo Ambassador from Eagle Butte, South Dakota.

COMMUNICATIONS AND PETITIONS

February 8, 2019

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 8, 2019, I approved House Bills 1013, 1025, 1026, 1036, and 1037, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008, 1010, 1011, 1020, 1045, and 1052 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1007, 1012, 1018, 1023, 1038, and 1048 were delivered to her Excellency, the Governor, for her approval at
10:45 a.m., February 8, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1005, which was reconsidered, and returns the same without recommendation.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1143 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1004 and returns the same with the recommendation that said resolution be amended as follows:

j1004oa

On page 1, line 9, of the printed resolution, delete "; and" and insert ":".

On page 1, delete lines 10 to 15, inclusive.

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

And that as so amended said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1041 and 1138 which were tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1123 and 1203 and HJR 1002 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1254, 1259, 1261, and 1264 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Chris G. Karr, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1127 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 1066 and returns the same with the recommendation that said bill be amended as follows:

1066be

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

" Section 1. That chapter 13-33 be amended by adding a NEW SECTION to read:

Each student enrolled in a school district or a state-accredited nonpublic school shall demonstrate knowledge and understanding of the fundamentals of the history, principles, and form of the United States government, before graduating from high school. In order to receive a high school diploma, a student shall correctly answer at least seventy percent of the questions on the citizenship test. A student may take the test at any time after beginning grade nine and may repeat the test as often as necessary to demonstrate proficiency.

For the purposes of this section, the citizenship test consists of ten questions from the one hundred questions that, as of January 1, 2019, officers of the United States Citizenship and Immigration Services use as the basis for selecting the questions posed to applicants for naturalization, as required by 8 U.S.C. 1423. The ten questions shall be selected annually by the secretary of education.

No school district or nonpublic school may charge any fee in connection with the citizenship test. A student may be exempted from the requirements of this section if doing so is consistent with the student's individualized education program.

Annually, each school district and nonpublic school shall report the score recorded for any test administered under this section to the Department of Education. The report shall be made in accordance with § 13-3-51."

1066bta

On page 1, line 1, of the printed bill, delete "civics" and insert "citizenship".

And that as so amended said bill do pass.

Respectfully submitted,
Lana Greenfield, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1196 and returns the same with the recommendation that said bill be amended as follows:

1196wa

On page 3, after line 21 of the printed bill, insert:

" Section 2. That the code be amended by adding a NEW SECTION to read:

As used in title 47, the terms, electronic, electronic transmission, or electronically transmitted, include blockchain technology, as defined in § 53-12-1.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1126 and 1266 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1117 and 1155 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 1128 and returns the same with the recommendation that 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 1198 and returns the same with the recommendation that said bill be amended as follows:

1198ba

On page 1, line 11, of the printed bill, delete "includes" and insert "may include".

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 1154 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jon Hansen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 92 which has passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1010, 1011, 1020, 1045, and 1052 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has sustained the veto of the Governor on SB 14.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Mulally moved that the House do concur in Senate amendments to HB 1024.

The question being on Rep. Mulally's motion that the House do concur in Senate amendments to HB 1024.

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; 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; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Rounds

Excused:
Olson

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

Rep. Qualm moved that HCR 1005 be deferred to Monday, February 11, 2019, the
21^st legislative day.

Which motion prevailed.

Rep. Kevin Jensen moved that the Committee on Local Government be instructed to deliver HB 1172 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

The Speaker declared that HB 1227 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Taxation on HB 1234 as found on page 316 of the House Journal; also

    Agriculture and Natural Resources on HB 1120 and 1191 as found on page 317 and 1242 as found on page 318 of the House Journal; also

    Health and Human Services on HB 1137 as found on page 318 of the House Journal; also

    Local Government on HB 1200 as found on page 320 of the House Journal; also

    Military and Veterans Affairs on HB 1111 as found on page 321 of the House Journal; also

    Education on HB 1087 as found on page 321 and 1108 as found on page 322 of the House Journal; also

    Transportation on HB 1071 as found on page 323 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the signature requirements for municipal elections.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1215: FOR AN ACT ENTITLED, An Act to revise provisions regarding the posting of county and municipality ordinances.

Was read the second time.

The question being "Shall HB 1215 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; 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:
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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Ring requested a fiscal note on HB 1109.

Which request was supported.

Rep. Qualm moved that HB 1109 be referred to the Joint Committee on Appropriations.

Which motion prevailed.

Rep. Qualm moved that HB 1188 be deferred to Monday, February 11, 2019, the
21^st legislative day.

Which motion prevailed.

HB 1056: FOR AN ACT ENTITLED, An Act to prohibit certain local ordinances regarding firearms.

Was read the second time.

Rep. Herman Otten rose to a point of order that Rep. Sue Peterson was speaking to the amendment prior to the amendment being offered. Speaker asked the amendment be moved, which was made by Rep. Otten.

1056wc

Rep. Herman Otten moved that HB 1056 be amended as follows:

On page 1, line 8, of the printed bill, after "shall" insert "send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall".

On page 1, line 11, after "." insert "This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.".

On page 2, line 4, after "shall" insert "send a cease and desist order to any township that passes or enforces an ordinance in violation of this section. If the township fails to comply with the order, the attorney general shall".

On page 2, line 7, after "." insert "This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.".

On page 2, line 13, after "shall" insert "send a cease and desist order to any municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall".

On page 2, line 16, after "." insert "This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.".

Which motion prevailed.

The question being "Shall HB 1056 pass as amended?"

And the roll being called:

Yeas 53, Nays 16, Excused 1, Absent 0

Yeas:
Bartels; Beal; Brunner; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; Rounds; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Anderson; Barthel; Bordeaux; Borglum; Cwach; Duba; Healy; Johns; McCleerey; Milstead; Pourier; Reed; Ring; Saba; Smith (Jamie); Sullivan

Excused:
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.

Rep. Karr moved that HB 1109 be referred from the Joint Committee on Appropriations to the House Committee on Appropriations.

Which motion prevailed.

HB 1061: FOR AN ACT ENTITLED, An Act to provide for a court order to test for HIV at the request of victims of certain crimes.

Was read the second time.

1061oa

Rep. Reed moved that HB 1061 be amended as follows:

On page 1, line 5, of the House Judiciary Committee engrossed bill, delete "or victim" and insert "or a victim".

On page 2, line 12, delete "The victim, victim" and insert "The victim, the victim".

Which motion prevailed.

The question being "Shall HB 1061 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; 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:
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 1063: FOR AN ACT ENTITLED, An Act to revise provisions regarding engaging in sexual activity for a fee or other compensation.

Was read the second time.

The question being "Shall HB 1063 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Randolph

Excused:
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.

Rep. Qualm moved that the balance of the calendar including HB 1074, 1204, and 1081 be deferred to Monday, February 11, 2019, the 21^st legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1008: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the required notice for biennial state political party conventions.

HB 1010: FOR AN ACT ENTITLED, An Act to recodify, to make certain form and style changes, to clarify, and to repeal certain provisions related to the South Dakota Retirement System.

HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Retirement System.

HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state building committees for capital improvement projects.

HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of campus security officers for purposes of the South Dakota Retirement System.

HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice given to county commissioners for special sessions.

And signed the same in the presence of the House.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 2:12 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk