JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 22, 2019

The House convened at 1:00 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 Cassidy Keck.

Roll Call: All members present except Reps. Frye-Mueller, Mills, Herman Otten, and Randolph 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 twenty-seventh 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 1056, 1073, 1082, 1128, 1143, 1198, 1257, 1260, and 1263 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
HB 1083, 1168, and 1169 which were tabled.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
HB 1220 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Lana Greenfield, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1028 and 1225 and returns the same without recommendation.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1085 and 1170 which were tabled.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1253 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Kevin D. Jensen, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill which was previously amended by the Committee on State Affairs be further amended as follows:

1084wta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for specific classification of affordable housing structures for purposes of taxation.".

On page 1, delete line 2.

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 1090, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1090wa

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

" Section 1. That § 50-7-2.2 be repealed.

50-7-2.2. This state or any governmental agency of this state having any powers with respect to planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, or protecting airports or aviation facilities within this state, may exercise those powers within any state or jurisdiction adjoining this state, subject to the laws of that state or jurisdiction.

Section 2. That § 50-7-2.3 be repealed.

50-7-2.3. Any state adjoining this state or any governmental agency thereof may plan, establish, acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and airport facilities within this state, subject to the laws of this state applicable to airports and airport facilities. The adjoining state or governmental agency shall have the power of eminent domain in this state, which shall be exercised in the manner provided by the laws of this state governing condemnation proceedings. The power of eminent domain may not be exercised unless the adjoining state authorizes the exercise of that power therein by this state or any governmental agency thereof having any of the powers mentioned in this section and § 50-7-2.2. "

1090ya

On the previously adopted amendment (1090wa), after the last line insert:

" Section 3. That § 50-7-2.4 be repealed.

50-7-2.4. The powers granted in §§ 50-7-2.2 and 50-7-2.3 may be exercised jointly by two or more states or governmental agencies, including this state and its governmental agencies, in such combination as may be agreed upon by them. ."

1090wta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "repeal certain provisions regarding the exercise of certain powers over certain property.".

On page 1, delete line 2.

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

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1219 and returns the same with the recommendation that said bill be amended as follows:

1219ka

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

" Section 1. That § 58-32-4 be amended to read:

58-32-4. The provisions of this chapter do not apply to life and health insurance, annuities, or reinsurance~~, except that this~~. This section does not prohibit the procurement of ~~disability~~ coverage otherwise complying with the export requirements of this chapter for:

(1) Disability insurance that has a benefit limit in excess of any benefit limit available from an admitted insurer; or

(2) Health insurance for an individual traveling or temporarily living outside the United States for health care costs incurred abroad. "

1219kta

On page 1, line 1, of the printed bill, delete everything after "revise" and insert "certain provisions regarding surplus line insurance.".

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

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1207 and HR 1001 which were tabled.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1056, 1082, 1128, 1143, 1198, 1257, 1260, and 1263 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 98, 117, and 123 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 8 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HR 1002: A RESOLUTION, Recognizing the impact of Alzheimer's Disease and related dementias on persons living with these conditions, caregivers, and the State of South Dakota.

Was read the second time.

Rep. Duba moved that HR 1002 as found on page 461 of the House Journal be adopted.

The question being on Rep. Duba's motion that HR 1002 be adopted.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; McCleerey; Milstead; Miskimins; Mulally; 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

Excused:
Frye-Mueller; Marty; Mills; Olson; Otten (Herman); Randolph

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HR 1002 was adopted.

HR 1003 Introduced by: Representatives Hansen, Barthel, Beal, Brunner, Chaffee, Dennert, Deutsch, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Gross, Hammock, Haugaard, Jensen (Kevin), Johnson (Chris), Latterell, Livermont, Marty, Milstead, Miskimins, Mulally, Perry, Peterson (Kent), Qualm, St John, Steele, Weis, Wiese, and Willadsen

A RESOLUTION, Denouncing the recent passage of New York's abortion law and requesting that the Governor declare a day of prayer and fasting to atone for the unspeakable crime of abortion.

WHEREAS, South Dakota recognizes that an unborn child is a whole, separate, unique, living human being; and

WHEREAS, from the moment of conception all mankind is united in the common bond of human personage, with all dignity belonging thereto, as bestowed by nature and nature's unseen author; and

WHEREAS, united by bonds of history, culture, and law with the people of New York, and our unity as Americans being dear to us; and

WHEREAS, our fellow Americans in the state of New York, not only having enacted a law permitting the murder of unborn persons in the last moment before the light beyond the womb; and

WHEREAS, our countrymen did compound their crime by taking the ghastly and egregious step of publicly celebrating such barbarous and inhuman acts; and

WHEREAS, in light of this barbarism in which we will not share, our bonds of union and affection are now diminished, sadly against our wish, fallen victim to unholy festivities; and

WHEREAS, the noble citizens of this luminous land have labored forty-six years under the dread darkness of Roe v. Wade, an unlawful pronouncement of a so-called right to wrest life from the innocent; and

WHEREAS, we, at the expiration of these forty-six years, do remain altogether devoted to the cause of life, a sacred principle on which our worthy civilization depends, while unjust governments mock infants and make merry in an unthinking war to destroy and defile; and

WHEREAS, we know, being taught by the eternal law and the annals of history, that nations and individuals owe due recompense for grave crimes against right; and

WHEREAS, we being sincere in our desire for comity and friendship, cannot look with indifference upon these attempts to shake the foundation of free government, long found in virtue, righteousness, and solicitude for all; and

WHEREAS, in the humility as befits our modest state, with no desire to provoke, yet in fear of eternal perdition and convicted that this grave offense cries out for justice:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, that we confess an utter insufficiency of words to describe the horror and broken-heartedness we felt in learning of the unrighteous sacrilege the government of New York masqueraded under the guise of just law; and

BE IT FURTHER RESOLVED, that by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, we request that the Governor set forth a day of prayer and fasting to atone for the unspeakable crime of abortion in our land, and ask that same be transmitted to all South Dakotans at home and abroad, young and old, to strangers and travelers in our midst, and to all people of goodwill.

Was read the first time and the Speaker waived the committee referral.

HCR 1007 Introduced by: Representatives Livermont, Brunner, Dennert, Frye-Mueller, Hammock, Jensen (Kevin), Marty, Mulally, Pischke, and Rasmussen and Senators Russell, Heinert, Jensen (Phil), Maher, and Nelson

A CONCURRENT RESOLUTION, Expressing and encouraging support for the continued use of country-of-origin labels on meat products sold to consumers.

WHEREAS, virtually all imported consumer goods, from pet treats to clothing to tools to electronic equipment, are required to be labeled as to their country of origin as a condition of entry into the United States; and

WHEREAS, South Dakotans appreciate origin markings, empowering consumers to exercise choices in the marketplace, including choices based on which country's producers and manufacturers consumers want to support with their purchasing dollars; and

WHEREAS, in 2008 the United States Congress passed a mandatory country-of-origin labeling (COOL) for muscle cuts of meat sold at retail, that required meat produced in the United States from imported livestock to bear a different label than meat produced from United States born livestock; and

WHEREAS, in 2013 the United States Department of Agriculture issued new regulations that provided additional information to the consumer on where meat was born, raised, and harvested; and

WHEREAS, trade groups and the organizations representing multinational meat packers worked predominantly with Canada, as well as Mexico, to bring a World Trade Organization (WTO) case against the United States for the removal of the labeling requirements; and

WHEREAS, in May, 2015, the WTO issued a final ruling that the United States' country-of-origin labeling regime was out of compliance with WTO regulations because it required the segregation of imported animals; and

WHEREAS, Doctor Robert Taylor, of Auburn University, issued a study in February of 2015 demonstrating that Canadian and Mexican beef feeder and fat cattle markets were not affected by country-of-origin labeling and that feeder cattle and fat cattle imported from both Mexico and Canada were not affected by the country-of-origin labeling; and

WHEREAS, Canada and Mexico are the United States' first and second largest trading partners respectively and that the growth of reciprocal trade should be encouraged as it is beneficial to all three countries; and

WHEREAS, the United States mandatory COOL law jeopardize the viability of United States packing and United States feeding infrastructure, placing local and state economies at risk; and

WHEREAS, COOL undermines North American competitiveness in the global market; and

WHEREAS, the Canadian Ministers of Agriculture and International Trade, and their Mexican counterparts, have stated their intention to apply retaliatory tariffs on Unites States exports to Canada and Mexico, our two largest export markets; and

WHEREAS, consumers have repeatedly and overwhelmingly expressed their support for country-of-origin labeling of food products in the United States:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature will continue to support consumers' right to know where their food comes from and support the use of country-of-origin labels and that the Legislature encourages the United States Congress to develop and pass a legislative solution that will build markets for United States products at home and overseas rather than implement additional regulations and requirements for our meat producers and processors; and

BE IT FURTHER RESOLVED, that the Legislature requests that the United States Congress, President Donald Trump, the United States Secretary of Agriculture, and the United States Trade Representative notify the World Trade Organization that it must not intrude on the sovereignty of the United States by attempting to undermine the United States country-of-origin labeling law and its implementing regulations that were adopted pursuant to the United States Constitution.

Was read the first time and the Speaker waived the committee referral.

SCR 8: A CONCURRENT RESOLUTION, Requesting Congress to lawfully change the Medicaid eligibility requirements to give states the option to provide Medicaid services to persons in jail pending disposition.

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

The Speaker declared that HB 1249 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

There being no objection, the House reverted to Order of Business No. 7 - Messages from the Senate.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1091, 1108, and 1188 were deferred to the 41^st legislative day.

Respectfully,
Kay Johnson, Secretary

There being no objection, the House proceeded to Order of Business No. 9 - Consideration of Reports of Committees.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1251 as found on page 456, HB 1173 as found on page 457, and
HJR 1001 as found on page 458 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 98: FOR AN ACT ENTITLED, An Act to repeal the sunset of a wine manufacturer license.

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

SB 117: FOR AN ACT ENTITLED, An Act to authorize Spanish to be used in the process of issuing certain driver licenses and permits.

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

SB 123: FOR AN ACT ENTITLED, An Act to provide for the adoption of privacy protection policies.

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

SIGNING OF BILLS

The Speaker publicly read the title to

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

HB 1073: FOR AN ACT ENTITLED, An Act to revise provisions regarding the locating and spotting of predators or varmints from a drone.

HB 1082: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding scrap metal purchases.

HB 1128: FOR AN ACT ENTITLED, An Act to revise provisions regarding the maximum term of promissory notes issued to municipalities.

HB 1143: FOR AN ACT ENTITLED, An Act to revise provisions regarding contribution limits to political action committees.

HB 1198: FOR AN ACT ENTITLED, An Act to define activities that constitute human trafficking.

HB 1257: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military to construct two storage buildings, to make an appropriation therefor, and to declare an emergency.

HB 1260: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the veteran's bonus program and to declare an emergency.

HB 1263: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction of a National Guard Readiness Center at the Rapid City Airport and to declare an emergency.

And signed the same in the presence of the House.

There being no objection, the Speaker declared that the House do now recess and at
1:32 p.m., the House recessed.

RECESS

The House reconvened at 5:33 p.m., the Speaker presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that the balance of the calendar including HB 1209, 1230, 1232,
and 1270 and SB 78, 84, 40, 43, 63, 154, 72, 100, 73, 53, and 121 be deferred to Monday, February 25, 2019, the 29th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 5 - Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1130 and returns the same with the recommendation that said bill be amended as follows:

1130wa

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

" Section 1. That § 32-25-7 be amended to read:

32-25-7. The Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26, a maximum speed limit of less than that established by §§ 32-25-1.1 and 32-25-4 upon any highway or portion of highway under the jurisdiction of the Department of Transportation, and any portion of highway under the jurisdiction of a state or federal agency if requested by the agency. The speed limit established by the commission is the maximum speed that any person may drive or operate any vehicle or class of vehicle upon that portion of highway. The Department of Transportation shall conspicuously post signs at the beginning and end of a portion of highway to show the maximum speed limit established by the commission on that portion of highway. A violation of any maximum speed limit established by the commission pursuant to this section is a ~~Class 2 misdemeanor~~ petty offense and shall be equal to and distributed in the same manner as a Class 2 misdemeanor.

Section 2. That § 32-21-30 be amended to read:

32-21-30. The driver of a motor vehicle shall comply with any lawful order, signal, or direction of a peace officer; submit to any lawful inspection under this chapter, and comply with the provisions or requirements of a warning ticket issued by a peace officer. A violation of this section is a ~~Class 2 misdemeanor~~ petty offense and shall be equal to and distributed in the same manner as a Class 2 misdemeanor. Venue of a violation of this section shall be in the county where such offense takes place, or in which such warning ticket is issued and delivered, and, in the event such county is unorganized, trial shall be had in the county to which it is attached for judicial purposes.

Section 3. That § 32-5-98 be amended to read:

32-5-98. Except as otherwise specifically provided, no person may operate or drive a motor vehicle on the public highways of this state unless the vehicle has a distinctive number assigned to it by the department, and two number plates, bearing the number conspicuously displayed, horizontally and in an upright position, one on the front and one on the rear of the vehicle, each securely fastened. The plates shall at all times, as far as is reasonably possible, be kept clear and free of mud, ice, or snow so as to be clearly visible. All number plates, markers, or stamps evidencing registration or licensing of any vehicle in this or any foreign state, territory, district, or possession and any plate, marker, or stamp used in substitution for or in lieu of the number plates required by this section by virtue of any law or executive order for any prior year or years shall be removed from such vehicles. A motorcycle is only required to display one number plate. The motorcycle plate may be mounted in any visible manner other than upside down. A violation of this section is a ~~Class 2 misdemeanor~~ petty offense and shall be equal to and distributed in the same manner as a Class 2 misdemeanor. "

1130wta

On page 1, line 1, of the printed bill, delete everything after "revise" and insert "provisions regarding certain Class 2".

1130wb

On the previously adopted amendment (1130wa), in Section 1, delete "and shall be equal to and distributed in the same manner as a Class 2 misdemeanor" and insert "Notwithstanding §§ 23-1A-22 and 23-1A-23, the amount of a penalty imposed under this section shall be equal to a Class 2 misdemeanor under § 22-6-2 and shall be distributed in accordance with § 23-3-52".

On the previously adopted amendment (1130wa), in Section 2, delete "and shall be equal to and distributed in the same manner as a Class 2 misdemeanor" and insert "Notwithstanding §§ 23-1A-22 and 23-1A-23, the amount of a penalty imposed under this section shall be equal to a Class 2 misdemeanor under § 22-6-2 and shall be distributed in accordance with § 23-3-52".

On the previously adopted amendment (1130wa), in Section 3, delete "and shall be equal to and distributed in the same manner as a Class 2 misdemeanor" and insert "Notwithstanding §§ 23-1A-22 and 23-1A-23, the amount of a penalty imposed under this section shall be equal

to a Class 2 misdemeanor under § 22-6-2 and shall be distributed in accordance with § 23-3-52".

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 1132 and returns the same with the recommendation that said bill be amended as follows:

1132wa

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

" Section 1. That § 34-20A-55 be amended to read:

34-20A-55. Any person who appears to be intoxicated or incapacitated by the effects of alcohol or drugs and is clearly dangerous to the health and safety of ~~himself or herself or others~~ the person or any other person, or who is unable to abstain from the use of alcohol or drugs may be taken into protective custody by law enforcement authorities, acting with probable cause. If the person is taken into protective custody, the person shall be taken to an approved treatment facility offering detoxication services for emergency commitment. If emergency commitment is not appropriate, as determined by the administrator of the treatment facility or an authorized designee, the person may be detained as a patient in protective custody until no longer intoxicated or up to forty-eight hours after admission. If no approved treatment facility is readily available, the person shall be taken to an emergency medical service or a jail, but only until the person is no longer intoxicated or incapacitated or only so long as may be necessary to prevent injury to ~~himself or herself or others~~ the person or any other person.

Section 2. That § 34-20A-70 be amended to read:

34-20A-70. A ~~person may be committed by the circuit court upon the petition of the~~ person's spouse or, guardian, a relative, a physician, the administrator of any approved treatment facility, or any other ~~responsible~~ person responsible for the person may complete a petition stating the factual basis for concluding that the person should be involuntarily committed under § 34-20A-63. Any person ~~applying for~~ filing a petition for commitment under this section shall ~~do so to the circuit court through the clerk of courts of the~~ file the petition with the chair of the board of mental illness and substance abuse of the county in which the person to be committed resides or is present. ~~The circuit court judge, upon~~ Upon receipt of a ~~written application prepared by the clerk of courts, shall appoint an attorney to represent the applicant. The appointed attorney~~ petition under this section, the chair shall ~~investigate~~ examine the grounds upon which the ~~application~~ petition is based and shall conduct within five days, excluding Saturdays, Sundays, and legal holidays, ~~submit a petition for commitment and a written report to the circuit court as~~ a hearing to determine whether probable cause exists that the person who is the subject of the petition is an alcoholic or drug abuser. All information obtained as a result of the investigation ~~and written report~~ shall be documented and made a part of the record of any further proceedings.

The petition under this section shall allege that the person is an alcoholic or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs and:

(1) Has threatened, attempted, or inflicted physical harm on himself or herself or on another and that unless committed is likely to inflict harm on himself or herself or on another; or

(2) Is incapacitated by the effects of alcohol or drugs; or

(3) Is pregnant and abusing alcohol or drugs.

A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

Section 3. That § 34-20A-70.1 be amended to read:

34-20A-70.1. In any proceedings for involuntary commitment or detention, or any proceeding challenging such commitment or detention, the attorney appointed by the circuit court judge to represent the petitioner, shall represent the individuals or agencies petitioning for commitment or detention and defend all challenges to the commitment or detention. The appointed attorney shall be paid by hearing under § 34-20A-70, the county where the hearing ~~and commitment proceedings are taking place at a rate to be fixed by the circuit judge. The county shall be reimbursed for such expense~~ takes place shall pay any expenses incurred by the board holding the hearing, subject to reimbursement by the petitioner, if the petitioner is a family member and is financially able ~~to do so~~.

Section 4. That § 34-20A-70.2 be amended to read:

34-20A-70.2. The petition for commitment~~, written application, and written report to the circuit court and the resulting protective custody order required by~~ under § 34-20A-70 shall be sealed and may not be used for the purpose of enforcing ~~the provisions of~~ chapter 22-42 and chapter 22-42A against the person being committed. Any law enforcement official or prosecuting attorney may petition the circuit court to examine ~~these documents~~ the petition, and the court may allow such examination upon a showing that the purpose of the examination is not to investigate a violation of chapter 22-42 or chapter 22-42A against the person being committed. ~~However, any~~ Any information obtained from the examination of the petition for commitment~~, written application, written report, or protective custody order~~ may not be used against the person being committed in any prosecution for a violation of chapter 22-42 or chapter 22-42A.

Section 5. That § 34-20A-75 be amended to read:

34-20A-75. At ~~the~~ a hearing conducted under § 34-20A-70, the ~~court~~ board shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician and one addiction counselor who have examined the person ~~whose commitment is sought~~ to be committed. If the person refuses to be examined by a licensed physician or an addiction counselor, the person shall be given an opportunity to be examined by a licensed physician or addiction counselor selected by the board. If the person refuses and sufficient evidence exists

to believe the allegations of the petition are true, or if the board believes that more evidence is necessary, the board may order a temporary commitment and transportation by a law enforcement officer to an approved treatment facility for a period of not more than five days for purposes of a diagnostic examination.

Section 6. That § 34-20A-76.1 be amended to read:

34-20A-76.1. A licensed physician or addiction counselor ~~appointed by the court~~ selected by the board under § 34-20A-75 to examine and assess a person for the purposes of involuntary commitment under § 34-20A-70 shall be paid by the county where the hearing ~~and commitment proceedings take place. The physician or addiction counselor shall be compensated for such services in an amount fixed by the circuit judge~~ occurs. The county shall be reimbursed for ~~such~~ any expense under this section by the person to be committed if the person is financially able ~~to do so~~. If the person is not financially able ~~to pay such expense~~, the cost of physician or addiction counselor examination under this section shall be paid to the county by the person legally bound for the support of ~~such~~ the person if that person is financially able ~~to do so~~.

Section 7. That § 34-20A-77 be amended to read:

34-20A-77. If after hearing all relevant evidence, including the results of any diagnostic examination, the ~~court~~ board finds that grounds for involuntary commitment have been established by clear and convincing ~~proof, it~~ evidence, the board shall make an order of commitment to any appropriate accredited treatment facility. It The board may not order commitment of a person unless it the board determines that the proposed facility is able to provide adequate and appropriate treatment for ~~him~~ the person and the treatment is likely to be beneficial.

Section 8. That § 34-20A-77.1 be amended to read:

34-20A-77.1. ~~If it is shown to the satisfaction of the court~~ If the board finds that a committed person may not ~~at once~~ be immediately admitted to the ~~designated~~ facility designated under § 34-20A-77, and may not ~~with safety,~~ be allowed safely to go at liberty, the ~~court~~ board shall require that the ~~patient~~ person be provided for until ~~admission can be accomplished~~ the person can be admitted, or until the ~~occasion~~ danger no longer exists. ~~In any event, the patient~~ A person may not be detained under this section more than thirty days. ~~Payment for such service is~~ Any costs incurred by a county under this section are subject to § 34-20A-89.

Section 9. That § 34-20A-78 be amended to read:

34-20A-78. The administrator of the facility to which the person was committed, or an authorized designee, may transfer any person committed to its custody from one accredited treatment facility to another if transfer is advisable based on the committed person's treatment needs. A written report shall state the reasons why transfer to another facility or program is necessary to meet the treatment needs of the committed person. Notice of the transfer and the reasons therefor shall be given to the ~~court~~ board, the person's attorney and the person's immediate family, subject to rules of confidentiality.

Section 10. That § 34-20A-81 be amended to read:

34-20A-81. Any person committed under § 34-20A-70 shall remain in ~~for~~ treatment for a period ~~not to exceed~~ of at least ninety days, unless sooner discharged by the administrator or an authorized designee of the facility. At the end of the ninety-day period, he the person shall be discharged automatically unless the administrator or an authorized designee of the facility to which the ~~patient~~ person is committed prior to expiration of the period obtains ~~a court~~ an order for recommitment upon the grounds set forth in § 34-20A-70 for a further period of ninety days, unless otherwise sooner discharged.

Section 11. That § 34-20A-82 be amended to read:

34-20A-82. A person who is recommitted under § 34-20A-81 and who has not been discharged before the end of the ninety-day period shall be automatically discharged at the expiration of that period unless the administrator, or an authorized designee of the facility to which the ~~patient~~ person is committed prior to expiration of the period, obtains ~~a court~~ an order on the grounds set forth in § 34-20A-70 for recommitment for a further period not to exceed ninety days.

Section 12. That § 34-20A-84 be amended to read:

34-20A-84. Upon the filing of a petition for recommitment under § 34-20A-81 or 34-20A-82, the ~~court~~ board shall fix a date for hearing no later than ten days, excluding Saturdays, Sundays, or legal holidays, after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the ~~court~~ board, shall be served on the petitioner, the person whose commitment is sought, ~~his~~ the person's next of kin other than the petitioner, the original petitioner under § 34-20A-70 if different from the petitioner for recommitment, at least one parent or guardian if the person is a minor, and any other person the ~~court~~ board believes advisable. At the hearing the ~~court~~ board shall proceed as provided in §§ 34-20A-74 to 34-20A-76, inclusive.

Section 13. That § 34-20A-85 be amended to read:

34-20A-85. The ~~court~~ board shall inform the person whose commitment or recommitment is sought of ~~his~~ the person's right to contest the ~~application,~~ petition and to be represented by counsel at every stage of any proceedings relating to ~~his~~ the person's commitment ~~and~~ or recommitment, and have counsel appointed by the ~~court~~ board or provided by the ~~court~~ board, if he the person wants the assistance of counsel and is unable to obtain counsel. If the ~~court~~ board believes ~~that~~ the person needs the assistance of counsel, the ~~court~~ board shall require, by appointment if necessary, counsel for ~~him~~ the person's regardless of ~~his~~ the person's wishes.

Section 14. That § 34-20A-85.1 be amended to read:

34-20A-85.1. The attorney appointed by a ~~court~~ board in accordance with § 34-20A-85 to represent the interests of a person being committed or recommitted for alcohol or drug abuse shall be paid by the county where the hearing ~~and commitment proceedings are~~ is taking place. The attorney shall be compensated at a rate to be fixed by the ~~circuit judge~~ board. The county shall be reimbursed for the expenses by the person if the person is financially able ~~to do so~~. If

the person is not financially able to pay ~~such~~ the expenses under this section, the cost of legal counsel shall be paid to the county by the person legally bound for the support of such person.

Section 15. That § 34-20A-86 be amended to read:

34-20A-86. The person whose commitment or recommitment is sought shall be informed of the person's right to be examined by a licensed physician and an addiction counselor of the person's choice. If the person is unable to obtain a licensed physician or an addiction counselor and requests examination by a physician or an addiction counselor, the ~~court~~ board shall employ a licensed physician or an addiction counselor.

Section 16. That § 34-20A-76 be repealed.

34-20A-76. If the person has refused to be examined by a licensed physician or an addiction counselor, the person shall be given an opportunity to be examined by a court-appointed licensed physician or addiction counselor. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more evidence is necessary, the court may order a temporary commitment and transportation by a law enforcement officer to an approved treatment facility for a period of not more than five days for purposes of a diagnostic examination.

Section 17. That § 34-20A-2 be amended to read:

34-20A-2. Terms as used in this chapter mean:

(1) "Accredited prevention or treatment facility," a private or public agency meeting the standards prescribed in § 34-20A-27 or a private or public agency or facility surveyed and accredited by the Joint Commission; an Indian Health Service's quality assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse; or the Commission on Accreditation of Rehabilitation Facilities; or the Council on Accreditation; under the drug and alcohol treatment standards incorporated and adopted by the division in rules promulgated pursuant to chapter 1-26, if proof of the accreditation, with accompanying recommendations, progress reports and related correspondence are submitted to the Division of Behavioral Health in a timely manner;

(2) "Addiction counselor," a person licensed or certified as an addiction counselor by the South Dakota Board of Addiction and Prevention Professionals;

(3) "Alcoholic," a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that the person's health is substantially impaired or endangered or the person's social or economic function is substantially disrupted;

(4) "Board," the county board of mental illness and substance abuse under chapter 27A-7;

(5) "Department," the Department of Social Services;

~~(5)~~(6) "Designated prevention or treatment facility," an accredited agency operating under the direction and control of the state or providing services under this chapter through a contract with the division or treatment facilities operated by the federal government which may be designated by the division without accreditation by the state;

~~(6)~~(7) "Division," the Division of Behavioral Health within the department;

~~(7)~~(8) "Drug abuser," a person who habitually lacks self-control as to the use of controlled drugs or substances as defined in § 34-20B-3 to the extent that the person's health is substantially impaired or endangered or that the person's social or economic function is substantially disrupted;

~~(8)~~(9) "Incapacitated by alcohol or other drugs," that a person, as a result of the use of alcohol or other drugs, is unconscious or the person's judgment is otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment;

~~(9)~~(10) "Incompetent person," a person who has been adjudged incompetent by the circuit court;

~~(10)~~(11) "Intoxicated person," a person who demonstrates diminished mental or physical capacity as a result of the use of alcohol or other drugs;

~~(11)~~(12) "Prevention," purposeful activities designed to promote personal growth of a person and strengthen the aspects of the community environment which are supportive to the person in order to preclude, prevent, or impede the development of alcohol or other drug misuse and abuse;

~~(12)~~(13) "Secretary," the secretary of the Department of Social Services;

~~(13)~~(14) "Treatment," the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, which may be extended to a person experiencing problems as a result of the use of alcohol or other drugs.

Section 18. In accordance with § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are hereby directed to replace the term, board of mental illness, anywhere the term appears in the code with the term, board of mental illness and substance abuse, and to make all necessary language modifications to effectuate the purposes of this Act.

Section 20. That § 27A-7-4 be amended to read:

27A-7-4. The board of mental illness and substance abuse has jurisdiction over all applications or petitions for involuntary commitment~~, for~~ under this title and chapter 34-20A, the treatment of any involuntarily committed person, ~~or for~~ the safekeeping otherwise of any person subject to involuntary commitment within its county, except in cases otherwise specially provided for. The board may issue subpoenas and compel obedience to any subpoena, and do any act of a court necessary and proper in the premises for the purpose of discharging the duties required of it. "

1132kta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions regarding the treatment of alcohol and drug abuse.".

On page 1, delete line 2.

1132wb

On the previously adopted amendment (1131wa) delete Section 10. and insert:

" Section 10. That § 34-20A-81 be amended to read:

34-20A-81. Any person committed under § 34-20A-70 shall remain in ~~for~~ treatment for a period not to exceed ninety days, unless sooner discharged. At the end of the ninety-day period, he the person shall be discharged automatically unless the administrator or an authorized designee of the facility to which the ~~patient~~ person is committed prior to expiration of the period obtains ~~a court~~ an order for recommitment upon the grounds set forth in § 34-20A-70 for a further period of ninety days, unless otherwise sooner discharged. "

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 1193 and returns the same with the recommendation that said bill be amended as follows:

1193wa

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

" Section 1. That chapter 22-17 be amended by adding a NEW SECTION to read:

Any person who threatens to commit:

(1) Homicide, murder, or manslaughter under chapter 22-16; or

(2) Aggravated assault under § 22-18-1.1; or

(3) Kidnapping under chapter 22-19;

against the pregnant mother or any other person within the pregnant mother's presence with the intent to cause the pregnant mother to undergo an abortion against her will that results in the death of the unborn human being as defined under § 34-23A-1 is guilty of a Class B felony."

1193wb

On the previously adopted amendment (1193wa), in the last paragraph, after "." insert "A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.

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 1195 and returns the same with the recommendation that said bill be amended as follows:

1195ba

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

" Section1. That § 26-8C-7 be amended to read:

26-8C-7. If a child has been adjudicated as a delinquent child, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following:

(1) The court may require the child to pay restitution, as defined in subdivision 23A-28-2(4) and under conditions set by the court, if payment can be enforced without serious hardship or injustice to the child;

(2) The court may impose a fine not to exceed one thousand dollars;

(3) The court may place the child on probation under the supervision of a court services officer or another designated individual pursuant to § 26-8C-14;

(4) The court may require a child as a condition of probation to participate in a supervised community service program, if the child is not deprived of the schooling that is appropriate for the child's age, needs, and specific rehabilitative goals. The supervised community service program shall be of a constructive nature designed to promote rehabilitation, appropriate to the age level and physical ability of the child, and shall be combined with counseling by the court services officer or other guidance personnel. The supervised community service program assignment shall be made for a period of time consistent with the child's best interests, but for not more than ninety days;

(5) The court may place the child at the Human Services Center for examination and treatment;

(6) The court may place the child in a detention facility for not more than ninety days, which may be in addition to any period of temporary custody;

(7) The court may place the child in an alternative educational program;

(8) The court may order the suspension or revocation of the child's right to apply for a driving privilege, suspend or revoke an existing driving privilege, or restrict the

privilege in such manner as it sees fit, including requiring that financial responsibility be proved and maintained;

(9) The court may assess or charge costs and fees permitted by §§ 16-2-41, 23-3-52, 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian, custodian, or other party responsible for the child; or

(10) The court may only commit a child to the Department of Corrections if the judge finds that:

(a) No viable alternative exists;

(b) The Department of Corrections is the least restrictive alternative; and

(c) The child is currently adjudicated delinquent for an offense eligible for transfer proceedings pursuant to § 26-11-3.1; the child is currently adjudicated delinquent for a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1, felony sexual registry offense pursuant to chapter 22-24B, or burglary in the second degree pursuant to § 22-32-3; or the court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the youth presents a significant risk of physical harm to another person; or the court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the child is currently on probation, that probation has been unsuccessful, and that no other appropriate services are available in the child's community.

Any finding made pursuant to this section shall be made in the written decree. "

1195bb

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

" Section1. That § 26-8C-7 be amended to read:

(2) The court may impose a fine not to exceed one thousand dollars;

(3) The court may place the child on probation under the supervision of a court services officer or another designated individual pursuant to § 26-8C-14;

(4) The court may require a child as a condition of probation to participate in a supervised community service program, if the child is not deprived of the schooling

that is appropriate for the child's age, needs, and specific rehabilitative goals. The supervised community service program shall be of a constructive nature designed to promote rehabilitation, appropriate to the age level and physical ability of the child, and shall be combined with counseling by the court services officer or other guidance personnel. The supervised community service program assignment shall be made for a period of time consistent with the child's best interests, but for not more than ninety days;

(5) The court may place the child at the Human Services Center for examination and treatment;

(6) The court may place the child in a detention facility for not more than ninety days, which may be in addition to any period of temporary custody;

(7) The court may place the child in an alternative educational program;

(8) The court may order the suspension or revocation of the child's right to apply for a driving privilege, suspend or revoke an existing driving privilege, or restrict the privilege in such manner as it sees fit, including requiring that financial responsibility be proved and maintained;

(10) The court may ~~only~~ commit a child to the Department of Corrections if the judge finds that:

(a) No viable alternative exists;

(b) The Department of Corrections is the least restrictive alternative; and

(11) The court may only commit the child to the Department of Corrections for placement in a foster home, group home, group care center, residential treatment center, or other community-based services, if those community-based services were not provided prior to commitment, pursuant to chapter 26-11A, and if the judge finds that:

(a) No viable alternative exists;

(b) The Department of Corrections is the least restrictive alternative; and

(c) From evidence presented at the dispositional hearing or from the pre-dispositional report that the child is currently on probation, that probation has

been unsuccessful and that no other appropriate services are available in the child's community.

Any finding made pursuant to this section shall be made in the written decree. "

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 1272 and returns the same with the recommendation that said bill be amended as follows:

1272wb

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

" Section 1. That chapter 18-1 be amended by adding a NEW SECTION to read:

Terms in this Act mean:

(1) "Acknowledgment," a declaration by a person before a notarial officer that the person has signed a document for the purpose stated in the document and, if the document is signed by a representative who is:

(a) An authorized officer, agent, partner, trustee, or other representative of a person other than a natural person;

(b) A public officer, personal representative, guardian, or other representative in the capacity stated in a document;

(d) An authorized representative of another person in any other capacity, that the representative signed the document with proper authority and signed it as the act of the person identified in the document;

(2) "Communication technology," an electronic device or process that allows a notarial officer and a person not in the physical presence of the notarial officer to communicate with each other simultaneously by sight and sound;

(3) "Notarial act," an act that a notarial officer may perform under the laws of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument;

(4) "Notarial officer," a notary public or other person authorized to perform a notarial act;

(5) "Verification on oath or affirmation," a declaration, made by a person on oath or affirmation before a notarial officer, that a statement in a document is true.

Section 2. That chapter 18-1 be amended by adding a NEW SECTION to read:

A notarial officer in this state, while located in this state, may perform by means of communication technology a notarial act executed on a document by a person who appears before, but is not in the physical presence of the notarial officer if the notarial officer:

(1) Has personal knowledge of the identity of a person through dealings sufficient to provide reasonable certainty that the person has the identity being claimed;

(2) Affixes the notarial officer's signature to the original tangible document executed by the person;

(3) Indicates in the notarial certificate the remote location of the person executing the document;

(4) Indicates in the notarial certificate that the notarial act involved a statement made or a signature executed by a person not in the physical presence of the notarial officer, but appearing by means of communication technology; and

(5) Is able reasonably to confirm that the document before the notarial officer is the same document in which the person made the statement or on which the person executed a signature.

Section 3. That § 18-1-3.1 be amended to read:

18-1-3.1. ~~Each notary public~~ A notarial officer shall have a seal ~~which~~ that shall be used for the purpose of acknowledging ~~documents~~ a document. The seal shall be of a type approved by the secretary of state and shall contain at least ~~the following~~:

(1) The ~~notary's~~ notarial officer's name;

(2) The words, South Dakota;

(3) The words, notary public; and

(4) A border surrounding the imprint.

~~In addition,~~ A seal may be a rubber stamp or a physical device capable of affixing to or embossing on a tangible document. A rubber stamp ~~seals~~ seal shall ~~have~~ contain the word, seal.

If a seal is used by a notary public, the notary public shall write, or print by a device made for such printing, below the seal's imprint or print and if not provided by the form, the words, my commission expires, and shall provide a date therefor A notarial officer shall indicate the date on which the notarial officer's commission expires below the seal under this section.

Section 4. That § 18-1-7 be amended to read:

18-1-7. A ~~notary public~~ person who is personally interested directly or indirectly, or as a stockholder, officer, agent, attorney, or employee of any other person or party to ~~any~~ a transaction concerning which he the person is ~~exercising any~~ performing the function of ~~his office as such~~ a notary public, may make any ~~certificates~~ certificate, take any ~~acknowledgments~~

acknowledgment, administer any ~~oaths~~ oath, or do any other official ~~acts~~ act as ~~such~~ a notary public with the same legal force and effect as if he the person had no ~~such interest except that he cannot do any of such things in connection with any~~ interest, provided the instrument ~~which shows~~ or document does not show upon its face that he the person is a principal party ~~thereto~~ to the instrument or document.

Section 5. That § 18-1-11 be amended to read:

18-1-11. ~~It is a Class 2 misdemeanor for any notary public to affix his~~ A person is guilty of a Class 2 misdemeanor if the person is a notarial officer who affixes the person's official signature to ~~documents when~~ any document when the parties to the transaction memorialized in the document have not appeared before ~~him~~ the person either in-person or in accordance with section 2 of this Act.

Section 6. That § 18-1-12.1 be amended to read:

18-1-12.1. ~~It is~~ A person is guilty of a Class 1 misdemeanor ~~for a~~ if the person ~~to act as a notary public or to affix a signature to a document as a notary public if the person has not first obtained~~ performs a notarial act on any document without first obtaining a commission from the secretary of state ~~pursuant to this chapter~~ under § 18-1-4.

Section 7. That § 18-4-10 be amended to read:

18-4-10. The acknowledgment of an instrument performed in the presence of a person making the acknowledgment must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is an officer of the corporation authorized to execute the instrument. "

1272wta

On page 1, line 1, of the printed bill, delete "electronic and".

And that as so amended 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 1106 and 1243 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jon Hansen, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1177 and returns the same with the recommendation that said bill be amended as follows:

1177wa

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

" Section 1. That § 34-23A-52 be amended to read:

34-23A-52. No facility that performs abortions may perform an abortion on a pregnant woman without first offering the pregnant woman an opportunity to view a sonogram of her unborn child. The woman's response to the offer shall be documented by the facility, including the date and time of the offer and the woman's signature attesting to her informed decision. No physician may take a consent for an abortion from a pregnant mother without first offering the pregnant mother an opportunity to view a sonogram and hear the heartbeat of her unborn child. The physician shall offer to describe the images on the sonogram if the pregnant mother consents. The pregnant mother's response to the offer under this section shall be documented by the physician in the patient's medical records, including the date and time of the offer and the pregnant mother's signature to her response to the offer.

Section 2. That chapter 34-23A be amended by adding a NEW SECTION to read:

The provisions of § 34-23A-52 do not apply to an abortion provider or facility in the case of a medical emergency. Upon a determination by a physician under this section that a medical emergency exists, the physician shall certify the specific medical conditions that constitute the emergency."

1177wta

On page 1, line 1, of the printed bill, delete "an ultrasound" and insert "a sonogram".

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 1246 and returns the same with the recommendation that said bill be amended as follows:

1246kb

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

" Section 1. That the code be amended by adding a NEW SECTION to read:

In order to encourage participation in state economic development initiatives and bring new business to the state, the Governor's Office of Economic Development, or another designated state agency, shall:

(1) Identify and coordinate with liaisons for each of the nine federally recognized tribes in South Dakota to ensure awareness of and organize participation in the state economic development initiatives; and

(2) Assist implementation of a Uniform Commercial Code for each of the nine federally recognized tribes in South Dakota to facilitate business to business relationships with tribal members and to foster new business in the state.

The state is authorized and encouraged to accomplish the activities under this Act through partnerships with public higher education institutions located within the state."

1246ktb

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for increase in participation of entrepreneurship and state economic development initiatives by the nine federally recognized tribes in South Dakota.".

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 1265, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1265oa

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

" Section 1. That the code be amended by adding a NEW SECTION to read:

The rate of tax imposed under §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 is four and one-half percent. For each calendar year in which growth in gross sales tax revenue in the state general fund as compared with its immediately preceding calendar year, exceeds the adjusted cost of living plus twenty million dollars, the rate

of tax imposed by this section is reduced by one-tenth percent, effective on the first day of July of the immediately following fiscal year. The rate of tax under this section is not reduced below four percent.

For purposes of this section, adjusted cost of living, means a calendar year's annual average consumer price index consisting of all items in the United States city average of all urban consumers which is seasonally adjusted as compiled by the bureau of labor statistics, United States Department of Labor for the state of South Dakota.

Section 2. That § 10-45-2 be amended to read:

10-45-2. There is ~~hereby~~ imposed a tax upon the privilege of engaging in business as a retailer~~, a tax of four and one-half percent~~ upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as otherwise provided in this chapter, sold at retail in ~~the State of South Dakota~~ this state to consumers or users. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 3. That § 10-45-5 be amended to read:

10-45-5. There is imposed a tax ~~at the rate of four and one-half percent~~ upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; ancillary services; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property, any product transferred electronically, or services; photography; photo developing and enlarging; tire recapping; welding and all repair services, except repair services for farm machinery, attachment units, and irrigation equipment used exclusively for agricultural purposes; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined pursuant to § 32-5-1 leased under a single contract for more than twenty-eight days and mobile homes. ~~However, the specific~~ Specific enumeration of ~~businesses and professions made in~~ any business or profession under this section does not, in any way, limit the scope and effect of the provisions of § 10-45-4. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 4. That § 10-45-5.3 be amended to read:

10-45-5.3. There is imposed~~, at the rate of four and one-half percent,~~ an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 5. That § 10-45-6 be amended to read:

10-45-6. There is ~~hereby~~ imposed a tax ~~of four and one-half percent~~ upon the gross receipts from sales, furnishing, or service of gas, electricity, and water, including the gross receipts from such sales by any municipal corporation furnishing gas, and electricity, to the public in its proprietary capacity, except as otherwise provided in this chapter, when sold at retail in ~~the State of South Dakota~~ this state to consumers or users. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 6. That § 10-45-6.1 be amended to read:

10-45-6.1. Except as provided in § 10-45-6.2, there is ~~hereby~~ imposed a tax ~~of four and one-half percent~~ upon the gross receipts from providing any intrastate, interstate, or international telecommunications service that originates or terminates in this state and that is billed or charged to a service address in this state, or that both originates and terminates in this state. ~~However, the~~ The tax imposed by this section does not apply to:

(1) Any eight hundred or eight hundred type service unless the service both originates and terminates in this state;

(2) Any sale of a telecommunication service to a provider of telecommunication services, including access service, for use in providing any telecommunication service; or

(3) Any sale of interstate telecommunication service provided to a call center that has been certified by the secretary of revenue to meet the criterion established in § 10-45-6.3 and the call center has provided to the telecommunications service provider an exemption certificate issued by the secretary indicating that it meets the criterion.

If a call center uses an exemption certificate to purchase services not meeting the criterion established in § 10-45-6.3, the call center is liable for the applicable tax, penalty, and interest. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 7. That § 10-45-6.2 be amended to read:

10-45-6.2. There is ~~hereby~~ imposed a tax ~~of four and one-half percent~~ upon the gross receipts of mobile telecommunications services, as defined in 4 U.S.C. § 124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state or are deemed to have originated or been received in this state and to be billed or charged to a service address in this state if the customer's place of primary use is located in this state regardless of where the service actually originates or terminates. Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. §§ 116-126 as in effect on July 28, 2000. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 8. That § 10-45-8 be amended to read:

10-45-8. There is imposed a tax ~~of four and one-half percent~~ upon the gross receipts from all sales of tickets or admissions to places of amusement and athletic contests or events, except as otherwise provided in this chapter. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 9. That § 10-45-71 be amended to read:

10-45-71. There is imposed a tax ~~of four and one-half percent on~~ upon the gross receipts from the transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 10. That § 10-46-2.1 be amended to read:

10-46-2.1. For the privilege of using services in ~~South Dakota~~ this state, except ~~those types of~~ any services exempted by § 10-46-17.3, there is imposed on the person using the service an excise tax ~~equal to four and one-half percent of~~ on the value of the services at the time they are rendered. ~~However, this~~ The tax under this section may not be imposed on any service rendered by a related corporation as defined in subdivision 10-43-1(11) for use by a financial institution as defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as defined in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term related corporation includes a corporation which together with the financial institution is part of a controlled group of corporations as defined in 26 U.S.C. § 1563 as in effect on January 1, 1989, except that the eighty percent ownership requirements set forth in 26 U.S.C. § 563(a)(2)(A) for a brother-sister controlled group are reduced to fifty-one percent. For the purpose of this chapter, services rendered by an employee for the use of his employer are not taxable. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 11. That § 10-46-2.2 be amended to read:

10-46-2.2. An excise tax is imposed upon the privilege of the use of rented tangible personal property and any product transferred electronically in this state ~~at the rate of four and one-half percent of~~. The rate of tax under this section is the same as provided under section 1 of this Act as applied to the rental payments upon the property.

Section 12. That § 10-46-58 be amended to read:

10-46-58. There is imposed a tax ~~of four and one-half percent~~ on the privilege of the use of any transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 13. That § 10-46-69 be amended to read:

10-46-69. There is ~~hereby~~ imposed a tax ~~of four and one-half percent~~ upon the privilege of the use of mobile telecommunications services, as defined in 4 U.S.C. § 124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state. Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. §§ 116-126 as in effect on July 28, 2000. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 14. That § 10-46-69.1 be amended to read:

10-46-69.1. Except as provided in § 10-46-69, there is ~~hereby~~ imposed a tax ~~of four and one-half percent~~ upon the privilege of the use of any intrastate, interstate, or international telecommunications service that originates or terminates in this state and that is billed or charged to a service address in this state, or that both originates and terminates in this state. However, the tax imposed by this section does not apply to:

(1) Any eight hundred or eight hundred type service unless the service both originates and terminates in this state;

(2) Any sale of a telecommunication service to a provider of telecommunication services, including access service, for use in providing any telecommunication service; or

Section 15. That § 10-46-69.2 be amended to read:

10-46-69.2. There is ~~hereby~~ imposed a tax ~~of four and one-half percent~~ upon the privilege of the use of any ancillary services. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 16. That § 10-46E-1 be amended to read:

10-46E-1. There is ~~hereby~~ imposed an excise tax ~~of four and one-half percent~~ on the gross receipts from the sale, resale, or lease of farm machinery, attachment units, and irrigation equipment used exclusively for agricultural purposes. ~~However, if~~ If any trade-in or exchange

of used farm machinery, attachment units, and irrigation equipment is involved in the transaction, the excise tax is only due and may only be collected on the cash difference. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 17. That § 10-58-1 be amended to read:

10-58-1. There is imposed upon owners and operators a special amusement excise tax ~~of four and one-half percent of~~ on the gross receipts from the operation of any mechanical or electronic amusement device. The rate of tax under this section is the same as provided under section 1 of this Act.

Section 18. That § 10-64-9 be repealed.

10-64-9. If the state is able to enforce the obligation to collect and remit sales tax on remote sellers who deliver tangible personal property, products transferred electronically, or services directly to the citizens of South Dakota, the additional net revenue from such obligation shall be used to reduce the rate of certain taxes. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 shall be reduced by one-tenth percent on July first following the calendar year for which each additional twenty million dollar increment of net revenue is collected and remitted by such remote sellers. However, the rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 may not be reduced below four percent pursuant to the provisions of this section. "

1265ota

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise provisions regarding certain tax rates.".

On page 1, delete line 2.

1265ob

On the previously adopted amendment (1265oa), in Section 1, first paragraph, line 3, delete "calendar" and insert "fiscal", and on line 4, after "preceding" delete "calendar" and insert "fiscal", and on line 6, delete "the first day of July of the immediately following" and insert "the next".

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 HJR 1006 and returns the same with the recommendation that said resolution be amended as follows:

j1006oa

On page 1, line 15, of the printed resolution, delete "two" and insert "three" and overstrike "eight" and insert "twelve".

On page 2, line 1, delete "two" and insert "three" and overstrike "eight" and insert "twelve".

On page 2, line 4, delete "two" and insert "three".

On page 2, delete line 6, and insert "for two four-year terms. Any person having served eight consecutive years is eligible for one".

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 1093 and returns the same with the recommendation that said bill be amended as follows:

1093wa

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

" Section 1. That § 2-1-14 be amended to read:

2-1-14. All signatures secured in a manner contrary to the provisions of this chapter may not be counted, including signatures gathered by a petition circulator who provides false information to the secretary of state, solicits or gathers signatures in violation of this chapter, or is compensated in a manner inconsistent with the payment listed on the petition form or in violation of § 12-13-28.

Section 2. That § 2-1-15 be amended to read:

Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read:

At any time after a statewide petition for an initiated amendment to the Constitution, initiated measure, or referred law has been filed, any interested person may challenge the petition by submitting a sworn affidavit to the attorney general that includes each specific deficiency or violation that may include that the petition circulator:

(1) Submitted false or incomplete testimony to secretary of state;

(2) Does not live at the address listed on the petition;

(3) Listed a residence address in this state but is not a resident of this state;

(4) Solicited or secured signatures in violation of this chapter; or

(5) Is compensated in a manner inconsistent with the payment listed on the petition form or in violation of § 12-13-28.

Every challenge under this section by the same interested person shall be included in the same sworn affidavit.

If an affidavit contains sufficiently specific and reliable information to show that probable cause exists for an investigation, the attorney general shall conduct an investigation of the alleged deficiency or violation. If the attorney general determines a petition contains a deficiency or a petition circulator committed a violation, all signatures collected by that petition circulator may not be counted. The attorney general shall notify the secretary of state of any determination under this section.

The attorney general's determination under this section may be appealed to the circuit court of Hughes County. A person who does not challenge a petition under this section may bring a challenge under § 2-1-18.

Section 4. That § 2-1-18 be amended to read:

2-1-18. Nothing in §§ 2-1-15 to 2-1-18, inclusive, prohibits any interested person who has researched the signatures contained on a validated petition from challenging in circuit court the validity of any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule, including any deficiency that is prohibited from challenge under § 2-1-17.1. The results of the process of signature verification by the Office of the Secretary of State under chapter 2-1 shall be presumed valid as applied to all signatures for purposes of considering any additional ground for disqualifying petition signatures, including any ground listed in subdivisions 2-1-17.1(1) to 2-1-17.1(4), inclusive, and cumulating total valid signatures to determine the results of an appeal under § 2-1-17.1. The summons and complaint for a challenge under this section shall be served on each petition sponsor as a party defending the validated petition being challenged. Any appearance by the attorney general at a challenge under this section shall be limited to the process of signature verification by the Office of the Secretary of State under chapter 2-1. The petition sponsor shall pay all reasonable attorney's fees generated by the attorney general for any appearance under this section.

Section 5. That § 2-1-15 be amended to read:

2-1-15. Upon the receiving of any initiative petition, referred law petition, or initiated constitutional amendment petition, the secretary of state shall examine the petition. Any signatures gathered by a petition circulator determined to be deficient or in violation of this chapter under section 3 of this Act shall be removed prior to any process for signature verification under § 2-1-16. No signature of a person may be counted by the secretary of state unless the person is a registered voter in the county indicated on the signature line. No signature of a person may be counted if the information required on the petition form is not complete. "

1093wb

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

" Section 1. That § 2-1-14 be amended to read:

2-1-14. All signatures secured in a manner contrary to the provisions of ~~this chapter may~~ state law shall not be counted.

Section 2. That § 2-1-15 be amended to read:

2-1-15. Upon the receiving of any initiative petition, referred law petition, or initiated constitutional amendment petition, the secretary of state shall examine the petition. No signature of a person ~~may~~ shall be counted by the secretary of state unless the person is a registered voter in the county indicated on the signature line. No signature of a person ~~may~~ shall be counted if the information required on the petition form is not accurate or complete. The secretary of state shall generate the random sample under § 2-1-16 and make available to the public the petitions and random sample validation sheets within thirty days of a request and payment of reasonable fees in accordance with § 1-8-10.

Section 3. That § 2-1-18 be amended to read:

2-1-18. Nothing in §§ 2-1-15 to 2-1-18, inclusive, prohibits any interested person who has researched the signatures contained on a validated petition from challenging in circuit court the validity of any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule, including any deficiency that is prohibited from challenge under § 2-1-17.1. The results of the process of signature verification by the Office of the Secretary of State under chapter 2-1 shall be presumed valid as applied to all signatures for purposes of considering any additional ground for disqualifying petition signatures, including any ground listed in subdivisions 2-1-17.1(1) to 2-1-17.1(4), inclusive, and cumulating total valid signatures to determine the results of an appeal under § 2-1-17.1. The summons and complaint for a challenge under this section shall be served on each petition sponsor as a party defending the validated petition being challenged. Any appearance by the attorney general at a challenge under this section shall be limited to the process of signature verification by the Office of the Secretary of State under chapter 2-1. For purposes of determining whether a sufficient number of valid signatures has been submitted, the interested

person may elect to proceed with a challenge limited to the sample generated in accordance with § 2-1-16, with the resulting valid sample percentage applied to the entirety of the petition signatures.

Section 4. That § 12-1-39 be amended to read:

12-1-39. No petition submitted may be made available to the public until the validation process has been completed and the office where that petition was submitted has filed or rejected the petition, except as provided in section 2 of this Act. "

And that as so amended 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 1160 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1135 and 1206 and HJR 1007 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:38 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk