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House of Representatives Journal 1/20/2015 02:00 PM

JOURNAL OF THE HOUSE

NINETIETH SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 20, 2015

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

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Marli Scarborough and Ryker Vosberg.

    Roll Call: All members present except Reps. Killer and Werner 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 fourth 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,
Dean Wink, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

January 20, 2015

The Honorable DeanWink
South Dakota State House of Representatives
500 East Capitol Avenue
Pierre, SD 57501

Dear Speaker Wink and Members of the House of Representatives,

I have the honor to herewith deliver to you:

Executive Reorganization Order 2015-01.

This document has also been filed with the President of the Senate and the Secretary of the State.

Sincerely,
Dennis Daugaard

DD:nn

See page 58 of the House Journal for the Executive Reorganization Order 2015-01.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1045, 1058, and 1059 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill be amended as follows:

1015fa

    On page 1, line 8, of the printed bill, overstrike everything after "." .

    On page 1, overstrike lines 9 and 10.

    On page 1, line 11, overstrike everything before "and" .

    On page 16, line 15, delete "as risk pool coverage" and insert "guarantee issued policies".

    On page 16, line 22, delete "as risk".

    On page 16, line 23, delete "pool coverage" and insert "guarantee issued policies".

    On page 18, line 5, remove the overstrikes from "offer or".

    On page 18, line 5, remove the overstrikes from "or conversion".

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

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1006 and 1014 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Lee Qualm, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the House and Senate.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to securing chaplains for the Ninetieth Legislative Session.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for the distribution of the official directory, Senate and House journals, and bills and other legislative printing for the two houses and the state offices.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 28 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1061 Introduced by: The Committee on Judiciary at the request of the Chief Justice

    FOR AN ACT ENTITLED, An Act to repeal an outdated and obsolete provision related to transferring cases from inferior courts to circuit courts.

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

    HB 1062 Introduced by: The Committee on Judiciary at the request of the Chief Justice

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to jury selection.

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

    HB 1063 Introduced by: The Committee on Judiciary at the request of the Chief Justice

    FOR AN ACT ENTITLED, An Act to revise the notice provisions for the name change of a minor child.

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

    HB 1064 Introduced by: Representatives Mickelson, Cronin, Dryden, and Hunhoff (Jean) and Senators Tidemann, Curd, Heineman (Phyllis), and Peters

    FOR AN ACT ENTITLED, An Act to prohibit unlawful self-dealing by state officers and employees.

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



FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 28: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell certain extraneous real property to the City of Brookings, to deposit the proceeds in the school and public lands trust for the benefit of South Dakota State University, and to declare an emergency.

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

COMMEMORATIONS

    HC 1002 Introduced by: Representatives Bolin, Anderson, Bartling, Beal, Conzet, Cronin, Deutsch, Gibson, Greenfield (Lana), Haggar (Don), Haugaard, Hawks, Hawley, Heinemann (Leslie), Hickey, Holmes, Hunhoff (Jean), Hunt, Kaiser, Kirschman, Klumb, Langer, Latterell, Marty, May, Munsterman, Novstrup (Al), Otten (Herman), Partridge, Qualm, Rasmussen, Romkema, Rounds, Schoenfish, Sly, Stalzer, Stevens, Tulson, Wiik, Willadsen, Wollmann, and Zikmund and Senators Lederman, Novstrup (David), Omdahl, Parsley, Rave, and Tieszen

        A LEGISLATIVE COMMEMORATION, Honoring Hunter Paulsen, a senior at Elk Point-Jefferson High School, for his outstanding accomplishments in the sport of cross country.

    WHEREAS, Hunter Paulsen, as a sophomore at Elk Point-Jefferson High School, qualified for the state cross country meet and finished in fourteenth place, and, as a junior in high school, qualified for the state meet again and finished in eighth place; and

    WHEREAS, as a high school senior, Hunter finished his cross country career by winning the 2014 Class A Boys Cross Country Championship, and he is the first athlete from Elk Point-Jefferson High School to win an individual state championship in cross country; and

    WHEREAS, Hunter, throughout his years in cross country, placed high in a variety of conference and regional competitions and is a fine student and a role model for young student athletes in the Elk Point-Jefferson School District:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature hereby honors and congratulates Hunter Paulsen for his outstanding accomplishments in the sport of cross country and wishes him much success in future endeavors.

    HC 1003 Introduced by: Representatives Bolin, Anderson, Bartling, Beal, Craig, Cronin, Deutsch, Gibson, Greenfield (Lana), Haggar (Don), Haugaard, Hawks, Hawley, Heinemann (Leslie), Hickey, Holmes, Hunhoff (Jean), Hunt, Kirschman, Klumb, Langer, Latterell, Mickelson, Munsterman, Partridge, Qualm, Rasmussen, Ring, Schoenfish, Sly, Stalzer, Stevens, Wiik, Willadsen, and Zikmund and Senator Lederman

        A LEGISLATIVE COMMEMORATION, Commending and honoring the Alcester-Hudson Cubs football team on an outstanding season in 2014.

    WHEREAS, the Alcester-Hudson Cubs football team finished the 2014 season with a record of 10-1, losing only to the eventual state champion, Howard, and advanced to the state semifinals in Class 9A for the first time in school history; and

    WHEREAS, the Cubs had seven players selected to the Tri-Valley All Conference Team; and three Cubs players, Colin Walth, Lyle LaFramboise, and Grant Johnson, were selected to the Class 9A All State Team; and

    WHEREAS, the Cubs set numerous school records during the 2014 season and head coach, Brian Haak, was named the Region 5 Coach of the Year by his colleagues:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the South Dakota Legislature congratulates and honors the Alcester-Hudson Cubs football team, along with their cheerleaders, support personnel, and coaches on an outstanding season, and wishes them every success in future endeavors on and off the athletic field of competition.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 2:13 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

EXECUTIVE REORGANIZATION ORDER
No. 2015-01

    WHEREAS, Article IV, Section 8, of the constitution of the state of South Dakota provides that, "Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as he considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house"; and

    WHEREAS, this executive order has been submitted to the 90th Legislative Assembly on the 5th legislative day, being the 20th day of January, 2015;

    IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of state government be reorganized to comply with the following sections of this order.


GENERAL PROVISIONS

Section 1.     This executive order shall be known and may be cited as the "Executive Reorganization Order 2015-01".

Section 2.     Any agency not enumerated in this order, but established by law within another agency which is transferred to a principal department under this order, shall also be transferred in its current form to the same principal department and its functions shall be allocated between itself and the principal department as they are now allocated between itself and the agency within which it is established.

Section 3.     "Agency" as used in this order shall mean any board, authority, commission, department, bureau, division or any other unit or organization of state government.

Section 4.     "Function" as used in this order shall mean any authority, power, responsibility, duty or activity of an agency, whether or not specifically provided for by law.

Section 5.     Unless otherwise provided by this order, division directors shall be appointed by the head of the department or bureau of which the division is a part, and shall be removable at the pleasure of the department or bureau head, provided, however, that both the appointment and removal of division directors shall be subject to approval by the Governor.

Section 6.     It is the intent of this order not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in this order or unless there is an irreconcilable conflict between this order and those laws.

Section 7.     If a part of this order is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this order is invalid in one or more of its applications, the part remains in effect in all valid applications.

Section 8.     Except when inconsistent with the other provisions of this order all rules, regulations and standards of the agencies involved in executive reorganization in effect on the effective date of this order, shall continue with full force and effect until they are specifically altered, amended, or revoked in the manner provided by law, unless the statutory authority for such rules is superseded by this order.

Section 9.     It is hereby declared that the sections, clauses, sentences and parts of this executive order are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if any section, clause, sentence or part of this executive order would otherwise be unconstitutional or ineffective.

Section 10.     In the event that it has been determined that a function of a transferred agency, which has not been eliminated by this order, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations or other funds have not been clearly allocated to an agency, the Governor shall specify by interim procedures the allocation of the function and its associated resources. At the next legislative session

following the issuance of such interim procedures, the Governor shall make recommendations concerning the proper allocation of the functions of transferred agencies which are not clearly allocated by this order. Any interim procedures issued in conjunction with this section shall be filed with the Secretary of state.

Section 11.     The rights, privileges and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before the effective date of this order, by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements are impaired or diminished by abolition of an agency in this order. The agency to which functions of another agency are transferred is substituted for that agency and succeeds to its rights and leases, indentures, and other transactions.

Section 12.     No judicial or administrative suit, action or other proceeding lawfully commenced before the effective date of this order by or against any agency or any officer of the state, in his official capacity or in relation to the discharge of his official duties, shall abate or be affected by reason of the taking effect of any reorganization under the provisions of this order. The court may allow the suit, action or other proceeding to be maintained by or against the successor of any agency or any officer affected by this order.

Section 13.     If any part of this order is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency or a political subdivision, that part of this order has no effect and the Governor may by executive order make necessary changes to this order to receive federal aid, and the changes will remain in effect until the last legislative day of the next legislative session or until the Legislature completes legislation addressed to the same question, whichever comes first.

Section 14.     Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to make the name and title changes necessary to correlate and integrate the organizational changes made by this Executive Reorganization Order into the South Dakota Codified Laws.

Section 15.     Any provisions of law in conflict with this order are superseded.

Section 16.     Whenever a function is transferred by this order, all personnel, records, property, unexpended balances of appropriations, allocations or other funds utilized in performing the function are also transferred by this order.

Section 17.     The effective date of this Executive Reorganization Order #2015-01 shall be ninety days after its submission to the Legislature.


Office of History and South Dakota State Historical Society Combined and Transferred to the Department of Education

Section 18.     The Office of History and its functions established in chapters 1-18, 1-18B, 1-18C, 1-19, 1-19A, and 1-19B, are hereby transferred to the State Historical Society.

Section 19.     Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to amend the following sections by deleting references to "Office of History" or "office" and inserting "State Historical Society."
1-18-2
1-18-31.2
1-18B-9
1-18B-11
1-18B-12
1-18B-13
1-18C-2
1-19-2.1
1-19-6
1-19A-3
1-19A-4
1-19A-5
1-19A-6
1-19A-7
1-19A-8
1-19A-9
1-19A-10
1-19A-11
1-19A-11.1
1-19A-12
1-19A-13
1-19A-13.1
1-19A-14
1-19A-15
1-19A-16
1-19A-17
1-19A-19
1-19B-8
1-45-23
34-27-31

Section 20.     The State Historical Society created pursuant to chapter 1-18 and its functions are hereby transferred to the Department of Education.

Section 21.     Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to amend the following sections by deleting

references to the "Department of Tourism" or the Secretary of "Tourism" and inserting the "Department of Education" or the Secretary of "Education" as appropriate.
1-18-2
1-18-2.2
1-18-3
1-18-20
1-18-32.1
1-18C-2
1-18C-3
1-18C-6
1-19-2.1
1-19B-8
1-20-19
1-20-20

Section 22.     That § 1-18-2.1 be repealed.

1-18-2.1. The Office of History shall perform all the functions of the following former agencies:
(1) The Department of History, created by chapter 1-18; and
(2) The Verendrye Memorial Commission, created by chapter 1-19.

Section 23.     That § 1-18B-1 be amended to read as follows:

1-18B-1. Terms The term "board," as used in this chapter mean means
    (1) "Board," the State Historical Society Board of Trustees provided for by § 1-18-12.2; and
    (2) "Office," the Office of History within the Department of Tourism.

Section 24.     That § 1-18B-10 be amended to read as follows:

1-18B-10. A duly certified copy of any paper, document, article, or advertisement in the custody of the Cultural Preservation Office State Historical Society made and certified by an executive officer thereof may be accepted as prima facie evidence of the contents thereof in any court or proceeding in this state.

Section 25.     That § 1-19A-2 be amended to read as follows:

1-19A-2. Definition of terms. Terms used in this chapter mean:

            (1) "Board," the State Historical Society Board of Trustees established by § 1-18-12.2;

            (2) "Historic preservation," the research, protection, restoration, and rehabilitation of districts, sites, buildings, structures, and objects significant in the history, architecture, archaeology, paleontology, or culture of the state;


            (3) "Historic property," any building, structure, object, district, area, or site that is significant in the history, architecture, archaeology, paleontology, or culture of the state, its communities or the nation;

            (4) "Office" or "Office of History," the Office of History of the Department of Tourism;

            (5) (4) "Rehabilitation," returning property to a state of utility, through expansion, addition, repair, or alteration, which makes possible an efficient contemporary use while retaining those portions of the property, which qualify such property for placement on the state register of historic places;

            (6) (5) "Restoration," the repair or replacement of historically significant features which qualify a structure or object for recognition by the state register of historic places.

Section 26.     That § 1-52-2 be amended to read as follows:

1-52-2. The Department of Tourism and State Development is abolished. The position of secretary of tourism and state development is abolished. The following functions of the former Department of Tourism and State Development are transferred to the Department of Tourism:

    (1) Office of Tourism;
    (2) Board of Tourism;
    (3) Office of History;
    (4) State Historical Society Board of Trustees;
    (5) (3) State Arts Council; and
such other tourism related functions as the Governor shall direct.

The secretary of the Department of Tourism shall perform the functions of the former secretary of the Department of Tourism and State Development related to tourism

Section 27.     That § 1-52-9 be repealed.

1-52-9. The secretary of the Department of Tourism shall perform the functions of the former secretary of the Department of Tourism and State Development, relating to the Office of History.

Section 28.     That § 13-57-6.1 be amended to read as follows:

13-57-6.1. The museum at the University of South Dakota shall continue within the Cultural Preservation Office of the Division of Cultural Affairs State Historical Society of the Department of Education, and all its functions shall be performed by the cultural preservation office State Historical Society as provided by § 1-45-23.


Cultural Heritage Center Transferred to the Department of Education

Section 29.     The functions of the Cultural Heritage Center are hereby transferred from the Department of Tourism to the Department of Education.

Section 30.     Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to amend the following sections by deleting references to the "Department of Tourism" or the Secretary of "Tourism" and inserting the "Department of Education" or the Secretary of "Education" as appropriate.
5-15-49

Section 31.     That § 1-52-8 be repealed:

1-52-8. The secretary of the Department of Tourism shall perform the functions of the former secretary of the Department of Tourism and State Development, relating to the Cultural Heritage Center.

Office of Emergency Medical Services Transferred from the Department of Public Safety to the Department of Health

Section 32.     The Office of Emergency Medical Services is hereby transferred from the Department of Public Safety to the Department of Health. The Secretary of the Department of Health shall perform the functions of the Secretary of the Department of Public Safety relating to the Office of Emergency Medical Services.

Section 33.     Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to amend the following sections by deleting references to the "Department of Public Safety" or the Secretary of "Public Safety" and inserting the "Department of Health" or the Secretary of "Health" as appropriate.
34-11-2
34-11-5
34-11-6
34-11-6.1
34-11-6.2
34-11-6.3
34-11-6.4
34-11-8
34-11-11
34-11A-23
34-12F-3
36-4B-1
36-4B-10
36-4B-35


Section 34.     That § 1-51-5 be repealed.

1-51-5. The Office of Emergency Medical Services, Department of Health, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the secretary of the Department of Health, relating to the Office of Emergency Medical Services.

Section 35.     That subdivision (2A) of § 32-6B-1 be amended to read as follows:

32-6B-1. (2A) "Authorized emergency vehicle," any vehicle of a fire department and any ambulance and emergency vehicle of a municipal department or public service corporation that are designated or authorized by the Department of Public Safety or the Department of Health;

Section 36.     That subdivision (2) of § 32-14-1 be amended to read as follows:

32-14-1. (2) "Authorized emergency vehicle," a vehicle of a fire department, a police vehicle, an ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or the Department of Health, and an emergency vehicle titled to a local organization for emergency management created pursuant to chapter 34-48A;

Bottle Water Quality Regulation and Oversight Transferred from the Department of Public Safety to the Department of Environment and Natural Resources

Section 37.     The authority to regulate bottled water quality pursuant to sections 39-1-1.1, 39-1-4, and 39-1-5 is hereby transferred from the Department of Public Safety to the Department of Environment and Natural Resources. The Secretary of the Department of Environment and Natural Resources shall perform the functions of the Secretary of the Department of Public Safety relating to the regulation of bottled water quality.

Section 38.     Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to transfer the existing administrative rules relating bottled water quality in chapter 20:01:11 to the department of environment and natural resources.

Section 39.     That section 39-1-1.1, be amended to read as follows:

39-1-1.1. The Division of Commercial Inspection and Licensing Legal and Regulatory Services of the Department of Public Safety shall perform the functions previously performed by the Department of Agriculture pursuant to chapters 39-4 and 39-13, except the authority to regulate bottled water quality which the Department of Environment and Natural Resources shall perform.


Section 40.      That section 39-1-4, be amended to read as follows:

39-1-4. The secretary of agriculture may, except as provided by § 39-1-1.1, adopt such rules as may be necessary for the proper and effective enforcement of this title. All such rules shall become effective in conformity with chapter 1-26. The failure to obey any rule of the secretary of agriculture adopted pursuant to this section may be enforced by proper legal procedure in court.

The secretary of environment and natural resources may adopt such rules as may be necessary for the proper and effective enforcement relating to bottled water quality. All such rules shall become effective in conformity with chapter 1-26. The failure to obey any rule of the secretary of environment and natural resources adopted pursuant to this section may be enforced by proper legal procedure in court.

Section 41.      That section 39-1-5, be amended to read as follows:

39-1-5. The secretary of agriculture, or the secretary of public safety, or the secretary of environment and natural resources when performing the functions described in § 39-1-1.1, may, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, adopt rules establishing for any food, under its common or usual name so far as practicable, a reasonable standard of identity and purity. If a standard for a food has been established by the administrator of the Federal Food, Drug, and Cosmetic Act of 1938, the secretary of agriculture, or the secretary of public safety, or the secretary of environment and natural resources shall adopt that standard for this state. The standards shall become effective in conformity with chapter 1-26. An article of food which does not conform to the such standards is adulterated or misbranded as the case may be.

Section 42.      That section 39-4-1, be amended to read as follows:

39-4-1. The word "food" as used in this title shall include all substances used as food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound, and all substances or ingredients to be added to foods for any purpose. For the purposes of this chapter, the word "food" specifically includes bottled water for sale to the public, the quality of which is regulated by the secretary of environment and natural resources as provided for under this chapter.

Dated in Pierre, South Dakota, this 20th day of January, 2015.

                        Dennis Daugaard
                        Governor of South Dakota

    (Seal)                    ATTEST:

                        Shantel Krebs
                        Secretary of State



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