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House of Representatives Journal 2/20/2015 01:00 PM

JOURNAL OF THE HOUSE

NINETIETH SESSION




TWENTY-FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 20, 2015

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

    The prayer was offered by the Chaplain, Pastor Peggy Stempson, followed by the Pledge of Allegiance led by House pages Ben Stiegelmeier and Caleb Willis.

    Roll Call: All members present except Reps. Hickey, Kaiser, Otten, Schaefer, Schoenbeck, 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 twenty-fourth day.

    In the House Journal of the twenty-third day the following correction should be made:

    On page 423, delete lines 5 to 19, inclusive.

    All additional 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.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1233 and returns the same with the recommendation that said bill be amended as follows:

1233fa

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

"    Section 1. That § 10-12A-4 be amended to read as follows:

    10-12A-4. The department may enter into tax collection agreements with any Indian tribe under the provisions of this chapter and chapter 1-24. These agreements may provide for the collection of any of the following state taxes and any tribal taxes imposed by a tribe that are identical to the following state taxes:

            (1)    The retail sales and service tax imposed by chapter 10-45;

            (2)    The use tax imposed by chapter 10-46;

            (3)    The contractors' excise tax imposed by chapter 10-46A;

            (4)    The alternate contractors' excise tax imposed by chapter 10-46B;

            (5)    The cigarette tax imposed by chapter 10-50;

            (6)    The motor vehicle excise tax imposed by chapter 32-5B;

            (7)    The fuel excise tax imposed by chapter 10-47B;

            (8)    The wholesale tax on tobacco products imposed by chapter 10-50;

            (9)    The amusement device tax imposed by chapter 10-58;

            (10)    The gross receipts tax on visitor related businesses imposed by chapter 10-45D;

            (11)    The excise tax on farm machinery, attachment units, and irrigation equipment imposed by chapter 10-46E;
            (12)    The contractor's excise tax on new or expanded power production facilities imposed by chapter 10-46C;

            (13)    The uniform municipal non-ad valorem tax imposed by chapter 10-52;

            (14)    The taxation of telecommunications companies tax imposed by chapter 10-33A;

            (15)    The taxation of telephone companies tax imposed by chapter 10-33; and

            (16)    The taxation of rural electric companies tax imposed by chapter 10-36.

    The agreement may provide for the retention by the department of an agreed-upon percentage of the gross revenue as an administrative fee. "

1233fta

    On page 1, line 1, of the printed bill, delete "accommodate legislation to".

    On page 1, line 2, delete "collection agreements" and insert "compacts".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1207 and 1234 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1169, 1170, and 1171 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Brian G. Gosch, Chair

 Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 47 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill be amended as follows:

1110na

    On page 1, line 4, of the printed bill, delete "two hundred" and insert "one dollar ($1),".

    On page 1, line 5, delete everything before "or" .

    On page 1, line 7, delete everything after "of" and insert "one dollar ($1)".

    On page 1, line 8, delete everything before "appropriated" .

    On page 1, line 9, delete "thirteen thousand six hundred forty-five dollars ($13,645)" and insert "one dollar ($1)".

    On page 1, line 13, delete "two hundred" and insert "one dollar ($1),".

    On page 1, line 14, delete everything before "or" .

    On page 2, line 1, delete everything after "of" and insert "one dollar ($1)".

    On page 2, line 2, delete everything before "appropriated" .

    On page 2, line 3, delete "thirteen thousand six hundred forty-five dollars ($13,645)" and insert "one dollar ($1)".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1190 and returns the same with the recommendation that said bill be amended as follows:

1190na

    On page 1, line 7, of the printed bill, delete "two million nine" and insert "one dollar ($1), and the sum of one dollar ($1) in federal".

    On page 1, delete lines 8 and 9.

    On page 1, line 14, delete everything after "sum of" .

    On page 1, delete line 15, and insert "one dollar ($1), and the sum of one dollar ($1)".

    On page 2, line 1, delete everything before "in" .

    On page 2, line 6, delete everything after "sum of" and insert "one dollar ($1), and the sum of one dollar ($1)".

    On page 2, delete line 7.

    On page 2, line 8, delete everything before "in" .

    And that as so amended said bill do pass.

Respectfully submitted,
Justin R. Cronin, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1223, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1223ca

    On page 1, line 8, of the printed bill, delete ", similar to,".

    And that as so amended said bill do NOT pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1184 and 1198 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1143 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill be amended as follows:


1221yta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "authorize unilateral consent in certain divorce proceedings.".

    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 1140 and returns the same with the recommendation that said bill be amended as follows:

1140ra

    On page 1, line 8, of the printed bill, remove the overstrikes from "§".

    On page 1, line 8, delete "§§ 22-18-1 or".

    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 1141 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Stevens, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1051, 1057, 1063, 1085, and 1136 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1055 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 2, 109, 131, 186, and 191 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 3 Introduced by: Representatives Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield, Lana; Haggar, Don; Harrison; Haugaard; Hawks; Hawley; Heinemann; Hickey; Holmes; Hunhoff, Jean; Hunt; Jensen, Alex; Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup, Al; Otten, Herman; Partridge; Peterson, Kent; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wink; Wollmann; Zikmund.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Ninetieth Legislature of the State of South Dakota to Alannah Aesoph, Brett Carley, Maria Corio, Braeden Edleman, Alexandra Farber, Tyana Gottsleben, Lauren Groeger, Taylee Hudson, Payton Jones, Mariah Kessler, Levi Knight, Lathan Lauing, Marissa Leber, Johanna Lippert, Jamie Mundwiler, Daylee Olson, Jackson Peterson, Karlee Peterson, Grant Russell, Kyler Simmons, Ben Stiegelmeier, Caleb Willis.

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

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

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

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

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

    Which motion prevailed and the resolution was adopted.



CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on HB 1166 as found on page 450 of the House Journal; also

    Local Government on HB 1153 as found on page 451 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 2: FOR AN ACT ENTITLED, An Act to provide for the establishment of river basin natural resource districts.

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

    SB 109: FOR AN ACT ENTITLED, An Act to establish a grant program for adult community residential services designed to reduce the risk of recidivism, to provide a report to the Legislature, and to make an appropriation therefor.

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

    SB 131: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding stray electrical current and voltage remediation.

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

    SB 186: FOR AN ACT ENTITLED, An Act to revise the procedure for the execution of a warrant.

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

    SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital outlay certificates and lease purchase agreements of school districts and the pledge of state aid to education funds to secure such obligations.

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



SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Rep. Gosch moved that HB 1231, 1064, 1205, 1225, and 1201 and SB 43, 75, 76, 93, 45, 41, 94, 118, 60, and 63 be deferred to Tuesday, February 24, the 26th legislative day.

    Which motion prevailed.

    There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1168 which was tabled.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1157, 1202, and 1232 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1037, 1038, 1044, 1052, 1068, 1069, 1084, 1088, 1111, and 1132 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., February 20, 2015.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HJR 1001 was delivered to her Excellency, the Secretary of State, for 10:50 a.m. at February 20, 2015.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1051, 1057, 1063, 1085, and 1136 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1051: FOR AN ACT ENTITLED, An Act to revise various trust and trust company provisions.

    HB 1057: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain eligible health care professionals who have complied with the requirements of the rural health care facility recruitment assistance program and to declare an emergency.

    HB 1063: FOR AN ACT ENTITLED, An Act to revise the notice provisions for the name change of a minor child.

    HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the requirement for performance securities.

    HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the administration of unlocatable mineral, leasehold, or royalty interests.

    SB 107: FOR AN ACT ENTITLED, An Act to increase the period an instructor permit is valid and to revise the requirements to upgrade to an operator's licence or a restricted minor's permit.

    And signed the same in the presence of the House.


COMMEMORATIONS

    HC 1022 Introduced by: Representatives Stalzer, Anderson, Bartling, Beal, Bolin, Bordeaux, Campbell, DiSanto, Duvall, Feickert, Gibson, Haggar (Don), Hawks, Hawley, Heinemann (Leslie), Hickey, Holmes, Hunhoff (Jean), Hunt, Jensen (Alex), Johns, Kaiser, Killer, Kirschman, Langer, Latterell, Marty, May, McCleerey, Novstrup (Al), Partridge, Peterson (Kent), Qualm, Ring, Romkema, Rounds, Rozum, Russell, Schoenbeck, Schrempp, Sly, Soli, Stevens, Tulson, Verchio, Werner, Westra, Wiik, Willadsen, and Wollmann and Senators Monroe, Buhl O'Donnell, Frerichs, Haverly, Heineman (Phyllis), Hunhoff (Bernie), Lederman, Olson, Omdahl, Otten (Ernie), Parsley, Rampelberg, Solano, and Vehle

        A LEGISLATIVE COMMEMORATION, Honoring the Pierre Junior Shooters BB Gun Team for winning the 2014 Daisy National BB Gun Championship.

    WHEREAS, the Pierre Junior Shooters BB Gun Team participated in the 49th Annual Daisy National BB Gun Championship in Rogers, Arkansas, on July 5-6, 2014, competing against fifty other teams and capturing the championship with a total score of 2375 out of a possible 2500 points; and

    WHEREAS, the team also had the highest score on the written test with a score of 496 out of 500, and the team has captured three national championships in the last four years, and six national championships in the last eleven years; and

    WHEREAS, team members: Jacob Beastrom, Ryan Habeck, Cassandra Ryckman, Nathan Schnabel, and Canaan Smith; team alternates: Justin Merriman and Zane Schuchard; and coaches: John Forman and Gene Garber exhibited consistency, determination, and sportsmanship throughout the season:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Pierre Junior Shooters BB Gun Team be honored and recognized for their excellent marksmanship and score in winning the 49th Annual Daisy National BB Gun Championship.

    HC 1023 Introduced by: Representatives Peterson (Kent), Bolin, Feickert, McCleerey, Rasmussen, Rozum, and Schoenfish and Senators Van Gerpen, Buhl O'Donnell, Frerichs, Haverly, Heineman (Phyllis), Heinert, Hunhoff (Bernie), Olson, Parsley, Rampelberg, and Sutton

        A LEGISLATIVE COMMEMORATION, Commending and honoring the Parkston Trojan football team on a successful 2014 season.

    WHEREAS, the Parkston Trojans won the Class 11B Football Championship, ending the season with a perfect 12-0 record; and

    WHEREAS, the Parkston Trojans scored 483 points during the season while giving up only 63 points; and

    WHEREAS, the Parkston Trojans set numerous school records and set the state finals records for the most rushing first downs, the longest field goal, and the most first downs; and

    WHEREAS, Wes Dvorak won the Joe Robbie Award and the Outstanding Back Award, and Austin Bertram won the Outstanding Lineman Award:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the South Dakota Legislature congratulates and honors the Parkston Trojan Football Team, along with their cheerleaders, support personnel, and coaches, on an outstanding season, and wishes them every success in future endeavors both on and off the athletic field of competition.

    HC 1024 Introduced by: Representatives Peterson (Kent), Bolin, Feickert, Klumb, McCleerey, Rasmussen, Rozum, and Schoenfish and Senators Van Gerpen, Buhl O'Donnell, Frerichs, Haverly, Heineman (Phyllis), Heinert, Hunhoff (Bernie), Olson, Parsley, Rampelberg, and Sutton

        A LEGISLATIVE COMMEMORATION, Honoring the Parkston High School wrestling team and coach Jared Digmann on their accomplishments.

    WHEREAS, the 2014 Parkston High School wrestling team finished the year as Class B State Champions; and

    WHEREAS, the Parkston Trojans scored the second most points in state tournament history; and

    WHEREAS, the 2013 Parkston High School wrestling team finished the year as Class B State Champions; and

    WHEREAS, the Parkston Trojans scored the most points in state tournament history; and

    WHEREAS, coach Jared Digmann was named 2013 Wrestling Coach of the Year:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature honors the Parkston High School wrestling team for their 2013 and 2014 winning seasons, and honors coach Jared Digmann for his outstanding achievement.

    HC 1025 Introduced by: Representatives Schoenfish, Bolin, Feickert, Klumb, McCleerey, Peterson (Kent), Rasmussen, and Rozum and Senators Van Gerpen, Buhl O'Donnell, Frerichs, Haverly, Heineman (Phyllis), Heinert, Hunhoff (Bernie), Olson, Parsley, Rampelberg, and Sutton

        A LEGISLATIVE COMMEMORATION, Honoring the Parkston High School Girls Golf program and coaches Tyler Hockett and Eric Norden on their accomplishments.

    WHEREAS, the 2014 Parkston Trojans Girls Golf team finished State A Champions and had the Individual Medalist and the Individual Runner-Up; and

    WHEREAS, the Parkston Trojans Girls Golf team also won the 2013 State A Championship and won every single golf meet during the year, including setting every previous school record and winning three AA meets, and had three girls on the All-Tournament team and all five girls in the top 20; and

    WHEREAS, the Parkston Trojans Girls Golf team won the 2012 State A Championship and had the Individual Champion and also won the 2009 State A Championship; and

    WHEREAS, the Parkston Trojans Girls Golf team has won four championships and two runner-ups in the last six years; and

    WHEREAS, coach Tyler Hockett was named S.D. Girls' Golf Coach of the year in 2013 and coach Eric Norden was named S.D. Girls' Golf Coach of the year in 2009:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature honors the Parkston High School Girls Golf program for their 2014, 2013, 2012, and 2009 state championships and their 2011 and 2010 state runner-up finishes and honors coaches Tyler Hockett and Eric Norden for their outstanding achievements in recent years.

    HC 1026 Introduced by: Representatives Schoenfish, Bolin, Feickert, Klumb, McCleerey, Peterson (Kent), Rasmussen, and Rozum and Senators Van Gerpen, Buhl O'Donnell, Frerichs, Haverly, Heineman (Phyllis), Heinert, Hunhoff (Bernie), Olson, Parsley, Rampelberg, and Sutton

        A LEGISLATIVE COMMEMORATION, Honoring Parkston High School Athletic Director and Girls Basketball Coach Rob Vanlaecken on his career accomplishments and retirement.

    WHEREAS, Rob Vanlaecken served the Parkston School District as a teacher, administrator, and coach, for thirty-seven years; and

    WHEREAS, Rob Vanlaeken guided the Lady Trojans to twenty-five district championships and ten state tournaments during his coaching tenure; and

    WHEREAS, Rob Vanlaecken coached seventeen girls who became South Dakota All-State basketball players; and

    WHEREAS, Rob Vanlaecken coached the Lady Trojans to a runner-up finish at the 2013 Girls State Tournament; and

    WHEREAS, Rob Vanlaecken retired with 593 career coaching victories, the most in the history of South Dakota Girls Basketball:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature honors Rob Vanlaecken for his dedicated service, his many achievements during his coaching career, and for his career of caring about the children of Parkston.

    HC 1027 Introduced by: Representatives Hunhoff (Jean) and Stevens and Senator Hunhoff (Bernie)

        A LEGISLATIVE COMMEMORATION, Congratulating and commending the Yankton High School Bucks football team for winning the 2014 State 11AA Football Championship.

    WHEREAS, the Yankton Bucks football team won the 2014 11AA Football Championship under the dedicated leadership of head coach, Arlin Likness; assistant coaches Dan Mitchell, Brady Muth, Justin Olson, Randy Gross, and Brook Schild; and volunteer coach, Marc Murtha; and

    WHEREAS, the Yankton Bucks football team exhibited extraordinary unity, commitment, sportsmanship, and team spirit throughout the entire season by all the players including senior captains: Mason Strahl, Brady Hale, Evan Greeneway, Nick LaFave, and Levi Kabella; and senior players: Parker Kuchta, Ryan Sternhagen, Colton Diefenderfer, Tim Cross, Wyatt Adam, Dalton Miller, Dylan Moderegger, Brent Gilbery, Sam Bisgard, Tyler Novak, Tyler Kaiser, Nick Raab, Charlie Stephenson, Lee Rose, Matt Fitzgerald, and Jordan Lightner; and

    WHEREAS, all students, coaches, faculty, and the entire community of Yankton have all shown outstanding support and sportsmanship during the team's quest to earn this title:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Yankton High School Bucks football team be congratulated and honored for this outstanding achievement in 2014.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 1:22 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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