JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION



TWENTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 14, 2019

    The House convened at 1:30 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by House page Alex Peterson.

    Roll Call: All members present except Rep. Johns 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 twenty-third 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.
    There being no objection, we will hear the House Page Resolution 3.

    HOUSE PAGE RESOLUTION 3 Introduced by: Representatives 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; Haugaard; Healy; Howard; Hunhoff; Jensen, Kevin; Johns; Johnson, Chris; Johnson, David; Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; 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.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Ninety-fourth Legislature of the State of South Dakota to Olivia Athoff, Andrea Brandner, Danielle Houghtaling, Andrea Hult, Abbigail Kitts, Miriam Knoble, Jaden Petersen, Alex Peterson, Brook Pies, Victoria Reinders, Noah Rendon, Alicia Vander Wal, and Chelsea Williams.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Ninety-fourth Legislative Session; and

    WHEREAS, the members of the Ninety-fourth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-fourth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Rep. Hansen moved that House Page Resolution 3 be adopted.

    Which motion prevailed and the resolution was adopted.

    Rep. Beal presented House intern Jordy McPherson a U.S. flag which was flown at the State Capitol in honor of her father, the late Representative Sean McPherson.

COMMUNICATIONS AND PETITIONS

February 13, 2019

Mr. Speaker and Members of the House of Representatives:

    I have the honor to inform you that on February 13, 2019, I approved House Bills 1007, 1011, 1012, 1018, 1023, 1033, 1038, 1040, and 1048, 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 HB 1027, 1064, 1098, and 1121 were delivered to her Excellency, the Governor, for her approval at 10:35 a.m., February 14, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 63 and 154 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1221 which was tabled.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill be amended as follows:

1229wa

    On page 2, line 15, of the printed bill, delete "provided starting" and insert "begin".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 72 and returns the same with the recommendation that said bill be amended as follows:

72ba

    On page 1, after line 7 of the printed bill, insert:

"    Section 2. This Act is effective on January 1, 2020.".


    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1218 which was tabled.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1208 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Kevin D. Jensen, Chair

Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1257, 1260, and 1263 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Chris G. Karr, Co-Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration
HB 1167, 1183, and 1222 which were tabled.

Respectfully submitted,
Mark Willadsen, Chair

Also MR. SPEAKER:

    The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1171 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1201 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 Military and Veterans Affairs respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill be amended as follows:

1080ca

    On page 1, line 5, of the printed bill, delete "Two" and insert "One".

    On page 2, line 11, delete "Two" and insert "One".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1187 and returns the same with the recommendation that said bill be amended as follows:

1187ba

    On page 2 of the printed bill, delete lines 3 to 5, inclusive.

    On page 2, line 6, delete "fifty thousand dollars ($50,000)" and insert "one hundred thousand dollars ($100,000)".

    And that as so amended said bill do pass.

Respectfully submitted,
Larry P. Zikmund, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1176 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 1267 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1237 and 1238 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 1148, 1151, and 1153 which were deferred to the 41st Legislative Day.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1122 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1189 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
HB 1186 and returns the same with the recommendation that said bill be amended as follows:

1186wb

    On page 1, line 7, of the printed bill, delete "any" and insert "the".

    On page 1, line 8, delete everything after "prosecution" and insert "of any person who is an inmate of a state prison or a ward of a state facility charged with a criminal violation, the costs incurred on or after July 1, 2018, by a county for the defense of a person who is a qualifying indigent and is an inmate of a state prison or ward of a state facility charged with a criminal violation,".

    On page 1, line 9, delete everything before "or".

1186ota

    On page 1, line 2, of the printed bill, delete "inmates of a state prison" and insert "certain persons in state facilities".

    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 1094 and returns the same with the recommendation that said bill be amended as follows:

1094wa

    On the printed bill, delete everything after the enacting clause and insert:
"    Section1. That § 2-1-1.3 be amended to read:

    2-1-1.3. Terms used in this chapter mean:

            (1)    "Petition circulator," the same as the term is defined under § 12-1-3 a person who is a resident of this state for at least thirty days prior to registration as a petition circulator, is at least eighteen years of age, and who circulates, for pay or as a volunteer, petitions or solicits petition signatures from members of the public for the purpose of placing ballot measures on any statewide election ballot;

            (2)    "Petition sponsor," any person who proposes the placement of a statewide ballot measure on the ballot;

            (3)    "Ballot measure," any measure placed on a statewide ballot in accordance with §§ 2-1-1.1, 2-1-1.2, or 2-1-3.1;

            (4)    "Paid circulator," any person who receives money or anything of value to be a petition circulator;

            (5)    "Volunteer circulator" any person who does not receive money or anything of value to be a petition circulator.

    Section 2. That § 2-1-1.4 be repealed.

    2-1-1.4. A sworn affidavit filed with the secretary of state pursuant to § 2-1-1.1, 2-1-1.2, or 2-1-3.1 shall include information attesting to residency as defined in § 12-1-4 of each petition circulator. The following information shall be included in the affidavit:

            (1)    Current state in which the petition circulator is licensed to drive, driver license number, and expiration date;
            (2)    Current state of voter registration;
            (3)    Length of time at current physical street address and previous two addresses, and whether the prior addresses were located in South Dakota;
            (4)    A sworn statement by the petition circulator indicating the circulator's intention to stay in the state after the petition circulation deadline;
            (5)    Any other information relevant to indicate residency, including a library card or utility bill;
            (6)    Whether the petition circulator pays in-state tuition at any public postsecondary educational institution, if applicable; and
            (7)    Whether the petition circulator obtains any resident hunting or resident fishing license of any kind, if applicable.
    The information included in the affidavit are factors in determining residency but are not determinative. The contents under this section of any affidavit filed with the secretary of state shall be held confidential by the secretary of state, and the secretary of state may release the contents only to an interested person for purposes of § 2-1-18 and to the attorney general. Failure to substantially comply with the provisions of this section shall disqualify the petitions from a petition circulator not in substantial compliance with this section from being considered.
    Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read:

    Prior to circulation of any petition for a ballot measure, a petition circulator shall submit an application to the secretary of state, obtain a circulator identification number, and be included in a directory of registered petition circulators. For each ballot measure on which a petition circulator seeks to circulate a petition, the petition circulator shall complete a sworn affidavit including the circulator's name, age, physical address of current residence, physical address of prior residence if current residence is less than one year, email address, phone number, state of issuance for driver license, state of voter registration, occupation, the ballot question committee supporting the ballot measure, whether the petition circulator will be volunteer or paid, and whether the petition circulator is a registered sex offender. The affidavit under this section shall be submitted to the office of the secretary of state. If any statement included in the petition circulator's affidavit is determined to be false, any signatures collected by the petition circulator are void and may not be counted. Petition sponsors shall provide a list to the secretary of state of any person acting as a petition circulator for the sponsor's ballot measure, whether the petition circulator is paid or volunteer and, if paid, the rate of compensation.

    A petition circulator and petition sponsor shall update any information required under this section with the secretary of state not more than seven days of any change.

    Section 4. That chapter 2-1 be amended by adding a NEW SECTION to read:

    The secretary of state shall develop and maintain a directory, to be made available on the website maintained by the Office of the Secretary of State, that contains information provided by each petition circulator under section 3 of this Act and classifies each petition circulator as paid or volunteer. Providing a copy of the sworn affidavit submitted under section 3 of this Act, together with any update to the information contained in the affidavit, is sufficient to fulfill the requirements of this section. Any information contained in the directory shall be a public record for purposes of chapter 1-25.

    Section 5. That chapter 2-1 be amended by adding a NEW SECTION to read:

    A paid petition circulator who registers under section 3 of this Act shall pay to the secretary of state an annual registration fee for each ballot question committee represented by the petition circulator. The annual registration fee for a paid circulator is twenty dollars. The annual registration fee shall be deposited in the state general fund.

    The fee under this section does not apply to any volunteer circulator.

    Section 6. That chapter 2-1 be amended by adding a NEW SECTION to read:

    Following receipt of any application under section 3 of this Act and a registration fee under section 5 of this Act, if any, the secretary of state shall issue the petition circulator a circulator identification number and badge that contains the information required under section 7 of this Act.

    Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read:

    A person shall wear the badge issued under section 6 of this Act which shall be visible at all times while acting as a petition circulator. The badge shall contain the words "petition circulator," and include the identity of the ballot question committee on behalf of which the petition circulator is registered, the circulator identification number, and a designation as either "paid" or "volunteer." The badge may not state the name of the petition circulator. A badge for each year shall be of a different color than a different year as designated by the secretary of state. A person is guilty of a Class 2 misdemeanor if the person acts as a petition circulator without wearing a badge issued under section 6 of this Act.

    Section 8. That § 2-1-1.1 be amended to read:

    2-1-1.1. The petition as it is to be circulated for an initiated amendment to the Constitution shall be filed with the secretary of state prior to circulation for signatures and shall:

            (1)    Contain the full text of the initiated amendment;

            (2)    Contain the date of the general election at which the initiated amendment is to be submitted;

            (3)    Contain the title and explanation as prepared by the attorney general;

            (4)    Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and

            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated amendment to the Constitution as prepared by the attorney general; any fiscal note prepared pursuant to § 2-9-30; the name, phone number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    For any initiated amendment petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated amendment petition shall be filed with the secretary of state at least one year before the next general election. A sworn affidavit, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 and stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition, including petition size and petition font size, and the affidavit shall be prescribed by the State Board of Elections.

    Section 9. That § 2-1-1.2 be amended to read:

    2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the secretary of state prior to circulation for signatures and shall:

            (1)    Contain the full text of the initiated measure;

            (2)    Contain the date of the general election at which the initiated measure is to be submitted;

            (3)    Contain the title and explanation as prepared by the attorney general;

            (4)    Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and

            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated measure as prepared by the attorney general; any fiscal note prepared pursuant to § 2-9-30; the name, phone number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    For any initiated measure petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated measure petition shall be filed with the secretary of state at least one year before the next general election. A sworn affidavit, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 and stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition, including petition size and petition font size, and the affidavit shall be prescribed by the State Board of Elections.

    Section 10. That § 2-1-3.1 be amended to read:

    2-1-3.1. The petition as it is to be circulated for a referred law shall be filed with the secretary of state prior to circulation for signatures and shall:

            (1)    Contain the title of the referred law;

            (2)    Contain the effective date of the referred law;

            (3)    Contain the date of the general election at which the referred law is to be submitted;
            (4)    Be accompanied by a notarized form that includes the names and addresses of the petition sponsors; and

            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition shall be filed with the secretary of state within ninety days after the adjournment of the Legislature which passed the referred law. A sworn affidavit, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 and stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

    The petition circulator shall provide to each person who signs the petition a form containing the title of the referred law; any fiscal note or summary of a fiscal note obtained pursuant to § 2-9-32; the name, phone number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    Section 11. This Act is effective on July 1, 2020."


    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 1178 and returns the same with the recommendation that said bill be amended as follows:

1178oa

    On page 1, line 5, of the printed bill, delete "fourteen" and insert "twenty-one".

1178oc

    Delete the previously adopted amendment (1178oa).

    On page 1, line 5 of the printed bill, delete "fourteen days" and insert "days the first Friday in October".

    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 1211 which was tabled.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1184 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 34 and 148 and SJR 2 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1005 in which the Senate has concurred.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Yesterday, Rep. Kevin Jensen announced his intention to reconsider the vote by which
HB 1172 lost.

    Rep. Kevin Jensen moved that the House do now reconsider the vote by which HB 1172 lost.

    The question being on Rep. Kevin Jensen's motion to reconsider the vote by which
HB 1172 lost.

    And the roll being called:

    Yeas 36, Nays 33, Excused 1, Absent 0

    Yeas:
Brunner; Chaffee; Dennert; Deutsch; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Mills; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Randolph; Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; York; Zikmund; Haugaard

    Nays:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall; Finck; Gross; Healy; Hunhoff; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Olson; Peterson (Kent); Pourier; Qualm; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen

    Excused:
Johns

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1172 was up for reconsideration and final passage.

    Rep. Kevin Jensen moved that HB 1172 be immediately considered.

    Which motion prevailed.

    The question being "Shall HB 1172 pass as amended?"

    And the roll being called:

    Yeas 36, Nays 33, Excused 1, Absent 0

    Yeas:
Brunner; Chaffee; Dennert; Deutsch; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Mills; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; York; Haugaard

    Nays:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall; Finck; Gross; Healy; Hunhoff; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Olson; Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; Zikmund

    Excused:
Johns

    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.

    Yesterday, Rep. Latterell announced his intention to reconsider the vote by which HB 1116 lost.

    Rep. Latterell moved that the House do now reconsider the vote by which HB 1116 lost.

    The question being on Rep. Latterell's motion to reconsider the vote by which HB 1116 lost.

    And the roll being called:

    Yeas 32, Nays 37, Excused 1, Absent 0

    Yeas:
Beal; Brunner; Dennert; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Randolph; Rasmussen; St John; Steele; Weis; Wiese; Zikmund; Haugaard

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Healy; Hunhoff; Johnson (David); Koth; Lake; Lesmeister; McCleerey; Milstead; Olson; Peterson (Kent); Post; Pourier; Qualm; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York

    Excused:
Johns

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Education on HB 1139 as found on page 386 of the House Journal; also

    Judiciary on HB 1180 as found on page 387 of the House Journal be adopted.

    Which motion prevailed.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 34: FOR AN ACT ENTITLED, An Act to make an appropriation for the replacement of the Elm Lake Dam spillway and to declare an emergency.

    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    SB 148: FOR AN ACT ENTITLED, An Act to provide for state employee protection from retaliation for certain communications.

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

    SJR 2: A JOINT RESOLUTION, Proposing and submitting to the voters an amendment to the Constitution of the State of South Dakota, providing for wagering on sporting events.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1202: FOR AN ACT ENTITLED, An Act to revise the number of qualified directors of a corporation needed to take certain actions.

    Was read the second time.

    The question being "Shall HB 1202 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); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; 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:
Johns


    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. Qualm moved that HB 1144 be deferred to Tuesday, February 19, 2019, the
25th legislative day.

    Which motion prevailed.

    HB 1066: FOR AN ACT ENTITLED, An Act to require students to take a citizenship test before graduating from high school.

    Having had its second reading was up for consideration and final passage.

    The question now being on Rep. Finck's pending motion to amend HB 1066 as found on page 379 of the House Journal.

    A roll call vote was requested and supported.

    And the roll being called:

    Yeas 19, Nays 50, Excused 1, Absent 0

    Yeas:
Anderson; Bordeaux; Cwach; Duba; Finck; Gross; Healy; Hunhoff; Lake; Lesmeister; McCleerey; Otten (Herman); Pourier; Ring; Saba; Smith (Jamie); Sullivan; Wiese; Willadsen

    Nays:
Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Rounds; Schoenfish; St John; Steele; Weis; York; Zikmund; Haugaard

    Excused:
Johns

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


    The question being "Shall HB 1066 pass?"

    And the roll being called:

    Yeas 38, Nays 31, Excused 1, Absent 0

    Yeas:
Bartels; Beal; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Reimer; Smith (Jamie); St John; Steele; Weis; Haugaard

    Nays:
Anderson; Barthel; Bordeaux; Borglum; Chase; Cwach; Duba; Duvall; Finck; Glanzer; Gross; Healy; Hunhoff; Johnson (David); Karr; Lake; Lesmeister; McCleerey; Otten (Herman); Pourier; Rasmussen; Reed; Ring; Rounds; Saba; Schoenfish; Sullivan; Wiese; Willadsen; York; Zikmund

    Excused:
Johns

    So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

    The question being on the title.

1066ota

    Rep. Chris Johnson moved that the title to HB 1066 be amended as follows:


    On page 1, line 1, of the House Education Committee engrossed bill, delete "take" and insert "pass".

    Which motion prevailed and the title was so amended.

    HB 1087: FOR AN ACT ENTITLED, An Act to promote intellectual diversity at certain institutions of higher education.

    Was read the second time.


1087bc

    Rep. Sue Peterson moved that HB 1087 be amended as follows:

    On the House Education Committee engrossed bill, delete everything after the enacting clause and insert:

"    Section 1. That chapter 13-53 be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Benefit,":

            (a)    Recognition;
            (b)    Registration;
            (c)    The use of an institution's facilities for assemblies, gatherings, meetings, or speaking purposes;
            (d)    The use of communication channels; and
            (e)    Student activity funding or funding from sources other than tax revenues;

            (2)    "Free expression," the right to discuss and present scholarly opinions and conclusions on all matters, within the boundaries of an institution, whether indoors or outdoors, without fear of institutional discipline or restraint, and the right to speak and write on matters of public concern, as a member of the institution's administration, faculty, other staff, and student body, or as a private citizen;

            (3)    "Expressive activity," any lawful, noncommercial, verbal or written means by which one person communicates ideas to another, and includes peaceful assembly, protests, speeches, including by guest speakers, the distribution of literature, the carrying of signs, and the circulation of petitions;

            (4)    "Harassment," conduct that is unwelcome, so severe, pervasive, and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the institution;

            (5)    "Institution," an institution of higher education under the control of the Board of Regents;

            (6)    "Intellectual diversity," a learning environment that exposes students to and encourages exploration regarding a variety of ideological and political perspectives.

    Section 2. That chapter 13-53 be amended by adding a NEW SECTION to read:

    The publicly accessible outdoor areas of an institution are available for expressive activity by students, faculty, their guests, and other members of the university community. In these areas, institutions may maintain reasonable time, place, and manner restrictions, which are narrowly tailored in the service of a significant institutional interest, provided the restrictions

employ clear, published, content and viewpoint neutral criteria and provide for alternative means of expression.

    Restrictions imposed under this section must allow members of the university community to spontaneously and contemporaneously distribute literature, assemble, and engage in expressive activity, provided their conduct is not unlawful and does not significantly disrupt the functioning of the institution. No institution may restrict expressive activity to a designated free speech zone or through policy or otherwise, restrict expressive activities to a particular area of the institution.

    Nothing in this section limits the rights of any person to engage in expressive activity elsewhere on campus.

    Nothing in this section enables a person to engage in conduct that intentionally, materially, and substantially disrupts another's expressive activity, if that expressive activity is occurring in an institutional space that is reserved for the activity and is under the exclusive use or control of the other person. A material and substantial disruption occurs when a person, with the intent to or knowledge of doing so, significantly hinders another's expressive activity, prevents the other person from communicating a message, or prevents the transaction of business during a lawful meeting, gathering, or procession by engaging in fighting, violence, or seriously disruptive behavior, or by physically blocking or hindering another person from attending, listening to, viewing, or otherwise participating in an expressive activity.

    Nothing in this section precludes a person from engaging in conduct that is protected under the First Amendment to the United States Constitution or under S.D. Const., Art. VI, §§ 4 and 5. Such protected conduct includes:

            (1)    Lawful protests and counter-protests in the outdoor areas of institutions, provided:

            (a)    Those areas are generally accessible to members of the university community; and
            (b)    Those areas have not been reserved in advance for other events; and

            (2)    Minor, brief, or fleeting nonviolent disruptions of events that are isolated and of short duration.

    Nothing in this section prevents an institution from prohibiting, limiting, or restricting categories of expression that are not protected under the First Amendment to the United States Constitution, including true threats, expression intended to provoke and likely to produce imminent lawless action, expression that a court has deemed defamatory, expression that unlawfully violates the confidentiality or privacy of another person, or any expression that constitutes harassment.

    Section 3. That chapter 13-53 be amended by adding a NEW SECTION to read:

    Each institution shall, through policy, prohibit a student from harassing another student. An institution may not define harassment more expansively than it is defined in section 1 of this Act.

    Section 4. That chapter 13-53 be amended by adding a NEW SECTION to read:

    An institution may not:

            (1)    Deny an ideological, political, or religious student organization any benefit or privilege available to any other student organization;

            (2)    Discriminate against an ideological, political, or religious student organization based on the expression of the organization; or

            (3)    Prohibit an ideological, political, or religious student organization from requiring that its leaders, the members of the organization, or both:

            (a)    Affirm and adhere to the organization's sincerely held beliefs;
            (b)    Comply with the organization's standards of conduct; or
            (c)    Further the organization's mission or purpose, as defined by the organization.

    Section 5. That chapter 13-53 be amended by adding a NEW SECTION to read:

    Each institution shall include in the institution's handbooks, publish on the institution's website, and include in student orientation, all policies, rules, and expectations of students with respect to free expression within the boundaries of the institution. Each institution shall provide training to administrators, faculty, and relevant employees, including security personnel and residence life officials, regarding the institution's freedom of expression policies.

    Section 6. That chapter 13-53 be amended by adding a NEW SECTION to read:

    On or before January first of each year, each institution shall prepare a report that sets forth all actions taken by the institution to promote and ensure intellectual diversity and the free exchange of ideas, and to otherwise comply with this Act. The institution shall also:

            (1)    Describe in the report any barriers to free expression within the boundaries of the institution or any reported incidents in which free expression was disrupted, and include:

            (a)    Any attempts to block or prohibit a speaker;
            (b)    Any investigation into students or student organizations based on their speech; and
            (c)    Any disciplinary action that resulted from an incident, provided that any description of an incident involving a student may not include or reveal the student's personally identifiable information;

            (2)    Post the report on the institution's website, in a manner that is readily accessible and clearly defined using a separately identified tab on the website's navigation bar;

            (3)    Make the report searchable by the use of keywords and phrases;
            (4)    Make the report accessible without requiring registration, a user name, a password, or any other identifier;

            (5)    Provide a copy of each report to the Governor, the Board of Regents, and to each member of the Legislature; and

            (6)    If subjected to legal action resulting from an alleged violation of the First Amendment, provide a revised report, together with a copy of any complaint or amended complaint, to the Governor and the members of the Legislature within thirty days.

    Section 7. That chapter 13-53 be amended by adding a NEW SECTION to read:

    The Board of Regents shall by policy require each institution under its control to maintain a commitment to the principles of free expression and encourage the timely and rational discussion of topics that promote the ethical and intellectual development and intellectual diversity of students enrolled in each institution. The policy required by this section shall:

            (1)    Recognize that the right to engage in free expression is constitutionally protected;

            (2)    Recognize the right of administrators, faculty, other staff, and students to discuss any problem or issue that presents itself, even if there are varying perspectives regarding the problem or issue and even if the problem or issue conflicts with the institution's values and principles;

            (3)    Recognize that a person should not be institutionally shielded from a viewpoint that the person finds to be unwelcome, disagreeable, or offensive, provided the viewpoint is shared in a manner that evidences civility and mutual respect;

            (4)    Recognize that encouraging intellectual diversity and fostering the ability of the administrators, faculty, other staff, and students to engage in debate and deliberation in an effective and responsible manner is an essential part of each institution's educational mission;

            (5)    Recognize that while administrators, faculty, other employees, and students are free to criticize and contest views expressed within the boundaries of an institution, and to criticize and contest speakers who are invited to the institution, administrators, faculty, other employees, and students may not obstruct or otherwise interfere with the conduct of the institution or the freedom of others to express views; and

            (6)    Permit the maintenance and enforcement of reasonable restrictions on the time, place, and manner in which expressive activities may occur, as provided for in section 2 of this Act.

    Section 8. That chapter 13-53 be amended by adding a NEW SECTION to read:

     The Board of Regents shall implement a policy that offers equal opportunities in employment, as required by law, to all persons qualified by academic preparation, experience, and ability, without discrimination based on ideological or political perspectives."

    Which motion prevailed.

    Rep. Sue Peterson moved that HB 1087 be deferred to Tuesday, February 19, 2019, the
25th legislative day.

    Which motion prevailed.

    Rep. Qualm moved that the balance of the calendar including HB 1217, 1250, and 1118 and SB 36, 78, 84, 40, and 43 be deferred to Tuesday, February 19, 2019, the 25th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The Speaker publicly read the title to

    SB 44: FOR AN ACT ENTITLED, An Act to revise the permanent endowment trust, to authorize the Board of Regents to sell certain extraneous real property and to purchase certain real property, to make an appropriation of sale proceeds, and to declare an emergency.

    And signed the same in the presence of the House.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at
2:59 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk