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House of Representatives Journal 2/18/2016 02:00 PM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION




TWENTY-THIRD DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 18, 2016

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

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Hannah Carlson and Evangeline Gabel.

    Roll Call: All members present except Rep. Kaiser who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-second 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.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1223 which was tabled.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1211 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 53 and 59 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 52 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 Taxation respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill be amended as follows:

1106rc

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

"    Section 1. That § 43-13-24 be amended to read:

    43-13-24. Each wind turbine tower of a large wind energy system shall be set back at least five hundred feet or 1.1 times the height of the tower, whichever distance is greater, from any surrounding property line. Each wind turbine tower shall also be set back one thousand feet from an occupied structure. However, if the owner of the wind turbine tower has a written agreement with an adjacent land owner allowing the placement of the tower closer to the property line, the tower may be placed closer to the property line shared with that adjacent land

owner. The exclusive remedy against any entity that erects a wind turbine tower in violation of this section is to pay the adjacent landowner three times the fair market value of the land falling within the setbacks imposed by this section. "


1106rta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain codes and standards regarding wind energy system set back requirements.".

    On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1198 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1162 and returns the same with the recommendation that said bill be amended as follows:

1162ra

    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:

    Terms used in this Act mean:

            (1)    "Advisory committee," the midwife advisory committee established pursuant to section 6 of this Act;

            (2)    "Approved program," an educational program of study leading to eligibility for certification as a midwife that is approved or accredited by the midwifery education accreditation council (MEAC);

            (3)    "Board," the South Dakota Board of Nursing;

            (4)    "Certified professional midwife" or "CPM," a practitioner duly authorized under this chapter to practice the midwife model of care;

            (5)    "Client," a woman under the care of a certified professional midwife;

            (6)    "License" the written authorization by the board required to practice as a certified professional midwife.

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

    No person may practice or offer to practice as a certified professional midwife in this state unless the person is currently licensed to practice by the board.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    This Act does not prohibit the performance of the functions of a certified professional midwife if performed:

            (1)    In an emergency situation;

            (2)    By a certified nurse midwife authorized to practice in South Dakota;

            (3)    By a student midwife enrolled in an approved program who is under the direct supervision of a preceptor which could include a physician, a certified nurse midwife, or a certified professional midwife licensed by the State of South Dakota; or

            (4)    By any person exempt pursuant to § 36-2-20.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    No person may be licensed to practice as a certified professional midwife unless the person has:

            (1)    Obtained the certified professional midwife (CPM) credential; and

            (2)    For the licensure of a certified professional midwife who obtains certification after December 31, 2019, each applicant for licensure must have completed an educational program or pathway accredited by the Midwifery Education Accreditation Council (MEAC); or

            (3)    For a certified professional midwife who obtained certification through an educational pathway not accredited by MEAC:

            (a)    A certified professional midwife certified before January 1, 2020, through a non accredited pathway must obtain the midwifery bridge certificate issued by the North American Registry of Midwives before applying for licensure in South Dakota;

            (b)    A certified professional midwife who has maintained licensure in a state that does not require an accredited education must obtain the midwifery bridge certificate regardless of the date of certification before applying for licensure in South Dakota.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    The practice in this state as a certified professional midwife is subject to the control and regulation of the South Dakota Board of Nursing. The board may license, supervise the practice, and revoke or suspend licenses or otherwise discipline any person applying for or practicing as a certified professional midwife.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    The Board of Nursing shall appoint a midwife advisory committee composed of three certified professional midwives, one certified nurse midwife, and one South Dakota citizen who has received midwifery care in an out-of-hospital setting. The Board of Nursing shall select committee members from a list of applicants. Each committee member shall serve a term of three years. However, the terms of initial appointees shall be staggered so that no more than two members' terms expire in any one year. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term. The committee shall meet at least annually and as necessary to conduct business. The advisory committee shall assist the board in the regulation of certified professional midwives pursuant to this Act. The committee shall make recommendations to the board regarding rules promulgated pursuant to this Act. Appointments to the advisory committee may include certified professional midwives from other states who are licensed under this Act. Initial appointments may include certified professional midwives living in other states who would qualify for licensure under this Act.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    An applicant for licensure as a certified professional midwife shall file with the board an application, verified by oath, on a form prescribed by the board and accompanied by the prescribed fee. If the board finds that the applicant satisfies the requirements for licensure in section 4 of this Act and passes a background check required by section 8 of this Act, the board shall issue to the applicant a license to practice as a certified professional midwife.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    Each applicant for licensure as a certified professional midwife in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application.

The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

    Section 9. That the code be amended by adding a NEW SECTION to read:

    For the purposes of this Act, the practice of a certified professional midwife is the management and care of the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods in accordance with national professional midwifery standards, including:

            (1)    Initial and ongoing assessment for suitability of midwifery care;

            (2)    Providing prenatal education and coordinating with a licensed health care provider as necessary to provide comprehensive prenatal care, including the routine monitoring of vital signs, indicators of fetal development, and laboratory tests, as needed, with attention to the physical, nutritional, and emotional needs of the mother and her family;

            (3)    Providing informed consent pursuant to section 31 of this Act;

            (4)    Attending and supporting the natural process of labor and birth in an out of hospital setting, including in a licensed birth center;

            (5)    Postpartum care of the mother and an initial assessment and screening of the newborn;

            (6)    Providing information and referrals to community resources on childbirth preparation, breastfeeding, exercise, nutrition, parenting, and care of the newborn; and

            (7)    Limited prescriptive authority to administer:

            (a)    Vitamin K to the baby either orally or through intramuscular injection;

            (b)    Postpartum antihemorrhagic medication under an emergency situation;

            (c)    Local anesthetic for repair of a first or second degree perineal laceration;

            (d)    Oxygen;

            (e)    Eye prophylaxis; and

            (f)    Other medications approved by the board;

            (8)    Preparing and filing birth certificates pursuant to § 34-25-9.1.


    Section 10. That the code be amended by adding a NEW SECTION to read:

    For the purposes of this Act, the practice of a certified professional midwife does not include:

            (1)    The use of any surgical instrument at a childbirth, except as necessary to sever the umbilical cord or repair a first or second degree perineal laceration;

            (2)    Prescribing prescription medications including controlled drugs, except as permitted pursuant to subdivision (7) of section 9 of this Act;

            (3)    The assisting of childbirth by artificial or mechanical means including forceps, vacuum delivery, or cesarean delivery; or

            (4)    Performing or assisting in an abortion.

    Section 11. That the code be amended by adding a NEW SECTION to read:

    Upon application for biennial renewal by a licensee, the board shall renew the license if the applicant:

            (1)    Provides evidence of meeting the recertification requirements for CPM recertification by the North American Registry of Midwives (NARM);

            (2)    Provides evidence that the licensee has a minimum of 140 hours in a 12 month period, or 480 hours in a six year period, of patient care, employment, or volunteer work in midwifery;

            (3)    Submits an affidavit that the licensee has committed no act of misconduct as set forth by section 18 of this Act; and

            (4)    Submits the application for renewal and pays renewal fees, as required by sections 12 and 15 of this Act.

    The board shall establish an expiration date for the renewal license.

    Section 12. That the code be amended by adding a NEW SECTION to read:

    The license of any person licensed pursuant to this Act shall be renewed biennially, except as provided in section 14 of this Act. The board shall provide a notice for renewal of license to each license holder at least ninety days prior to the expiration date of the person's license. The license holder shall, before the expiration date, return to the board the notice and the prescribed fee. Upon receipt of the notice and fee, the board shall issue to the license holder a certificate of renewal if the licensee meets the criteria in section 11 of this Act. The certificate of renewal must indicate the effective period of the certificate of renewal.


    Section 13. That the code be amended by adding a NEW SECTION to read:

    A license holder who fails to renew the license pursuant to sections 11 and 12 of this Act may be reinstated upon the terms and conditions prescribed by the board and upon payment of the prescribed fee.

    Section 14. That the code be amended by adding a NEW SECTION to read:

    The holder of a current license may file with the board a written application, together with the prescribed fee, requesting inactive status and stating the reasons for the request.

    Section 15. That the code be amended by adding a NEW SECTION to read:

    The board shall promulgate by rule, pursuant to chapter 1-26, and shall collect in advance the following nonrefundable fees from applicant:

            (1)    For initial licensure or endorsement from another state, not more than one thousand dollars;

            (2)    For biennial renewal of license, not more than one thousand five hundred dollars;

            (3)    For reinstatement of a lapsed license, the current renewal fee and not more than five hundred dollars;

            (4)    For providing a transcript, not more than twenty-five dollars;

            (5)    For effecting a name change on the records of the license holder, not more than one hundred dollars;

            (6)    For issuance of a duplicate license, not more than one hundred fifty dollars;

            (7)    For placing a license on inactive status, not more than one hundred dollars;

            (8)    For endorsement to another state, territory, or foreign country, not more than one hundred fifty dollars.

    Section 16. That the code be amended by adding a NEW SECTION to read:

    All fees received by the board, and money collected under this Act, shall be deposited in a bank as authorized by the board. The funds are subject to withdrawal as authorized by the board. A report of all receipts and expenditures of funds shall be made at the close of each fiscal year and filed in the office of the state auditor.

    Section 17. That the code be amended by adding a NEW SECTION to read:

    Any balance of fees received by the board after payment of compensation and expenditures shall be held by the board and may only be used in administering this Act.

    Section 18. That the code be amended by adding a NEW SECTION to read:

    The board may deny, revoke, or suspend any license or application for licensure to practice as a certified professional midwife in this state, and may take such other disciplinary or corrective action as the board deems appropriate upon proof that the license holder or applicant has:

            (1)    Committed fraud, deceit, or misrepresentation in procuring or attempting to procure a license;

            (2)    Aided or abetted an unlicensed person to practice as a certified professional midwife;

            (3)    Engaged in practice as a certified professional midwife under a false or assumed name and failed to register that name pursuant to chapter 37-11, or impersonated another license holder of a like or different name;

            (4)    Committed an alcohol or drug related act or offense that interferes with the ability to practice midwifery safely;

            (5)    Negligently, willfully, or intentionally acted in a manner inconsistent with the health and safety of those entrusted to the license holder's care;

            (6)    Had authorization to practice as a certified professional midwife denied, revoked, or suspended or had other disciplinary action taken in another state;

            (7)    Practiced in South Dakota as a certified professional midwife without a valid license;

            (8)    Engaged in the performance of certified professional midwifery or a medical function beyond the scope of practice authorized by the board;
                                                
            (9)    Violated any provision of this Act or rule promulgated pursuant to this Act;

            (10)    Been convicted of a felony. The conviction of a felony means the conviction of any offense which, if committed within the State of South Dakota, would constitute a felony under its laws.

    Section 19. That the code be amended by adding a NEW SECTION to read:

    The board may initiate a proceeding for revocation or suspension of a license if the board has information that any person may have been guilty of any misconduct as provided in section 18 of this Act, or is guilty of incompetence or unprofessional or dishonorable conduct.

    Section 20. That the code be amended by adding a NEW SECTION to read:

    Any proceeding related to the revocation or suspension of a license shall conform to the procedures set forth in chapter 1-26. A license may be revoked or suspended only at a hearing attended by a quorum of the members of the board.

    Section 21. That the code be amended by adding a NEW SECTION to read:

    The board may take action authorized by section 18 of this Act upon satisfactory showing that the physical or mental condition of the license holder or applicant is determined by a competent medical examiner to be such as to jeopardize or endanger the health of those entrusted to the license holder's or applicant's care. The board may demand an examination of a license holder or applicant by a competent medical examiner selected by the board at their expense. If a license holder fails to submit to the examination, the failure constitutes immediate grounds for suspension of the license holder's license.

    Section 22. That the code be amended by adding a NEW SECTION to read:

    An aggrieved party may appeal a board's decision pursuant to chapter 1-26.

    Section 23. That the code be amended by adding a NEW SECTION to read:

    A revoked or suspended license may be reissued at the discretion of the board upon a finding of good cause.

    Section 24. That the code be amended by adding a NEW SECTION to read:

    No person may:

            (1)    Practice or offer to practice as a certified professional midwife without being licensed pursuant to this Act;

            (2)    Sell or fraudulently obtain or furnish a diploma, license, renewal of license, or any other record necessary to practice under this Act or aid or abet in such actions;

            (3)    Practice as a certified professional midwife under cover of any diploma, license, renewal of license, or other record necessary to practice under this Act that was issued unlawfully or under fraudulent representation;

            (4)    Use in connection with that person's name a sign, card, device or other designation that implies that the person is a certified professional midwife without being licensed pursuant to this Act;

            (5)    Practice as a certified professional midwife during the time that the person's license has lapsed or has been revoked or suspended.

    A violation of this section is a Class 1 misdemeanor.

    Section 25. That the code be amended by adding a NEW SECTION to read:

    It is necessary to prove in any prosecution only a single act prohibited by law, or a single holding out, or a single attempt, without proving a general course of conduct in order to constitute a violation of this Act.

    Section 26. That the code be amended by adding a NEW SECTION to read:

    The board may prosecute any person violating this Act and may incur the necessary expenses.

    Section 27. That the code be amended by adding a NEW SECTION to read:

    The board may apply for an injunction in the circuit court for the county of the person's residence to enjoin any person who:

            (1)    Is unlawfully practicing as a certified professional midwife with a license issued by the board;

            (2)    Is practicing as a certified professional midwife under a license that has lapsed or has been suspended or revoked;

            (3)    Is engaging as a certified professional midwife in the performance of medical functions beyond the scope of practice authorized by section 9 and 10 of this Act;

            (4)    Is, by reason of a physical or mental condition, endangering, or threatening to endanger, the health or safety of those entrusted to that person's care as a certified professional midwife.

    Section 28. That the code be amended by adding a NEW SECTION to read:

    Upon the filing of a verified complaint, the court, if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous practice as described in section 27 of this Act, may issue a temporary injunction, without notice or bond, enjoining that person from further practice as a certified professional midwife.

    Section 29. That the code be amended by adding a NEW SECTION to read:

    An action for injunction is an alternative to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

    Section 30. That the code be amended by adding a NEW SECTION to read:

    The board may promulgate rules pursuant to chapter 1-26 pertaining to:

            (1)    Licensing and licenses;

            (2)    The practice of midwifery;

            (3)    Scope of midwifery practice;

            (4)    Disciplinary proceedings;

            (5)    Fees; and

            (6)    Approval of midwifery education programs.

    Section 31. That the code be amended by adding a NEW SECTION to read:

    A certified professional midwife shall, at an initial consultation with a client, provide a copy of an informed consent document to be signed by the certified professional midwife and the client that discloses all of the following in writing:

            (1)    The name, address, telephone number, and license number of the certified professional midwife;

            (2)    The certified professional midwife's experience, qualifications, and training;

            (3)    The certified professional midwife's fees and method of billing;

            (4)    The right of a client to file a complaint with the board and the procedures for filing a complaint;

            (5)    Whether the certified professional midwife has malpractice liability insurance;

            (6)    A plan for consultation, referral, and transport for medical emergencies specific to each client, including identification of the closest hospital with an obstetrics department and the closest hospital with an emergency department;

            (7)    A list of antepartum, intrapartum, and postpartum conditions that would require consultation, transfer of care, or transport to a hospital;

            (8)    A statement indicating that a certified professional midwife will continue to care for a client until transfer of care has been completed including the transfer of all pertinent records;

            (9)    The scope of care and services the certified professional midwife can provide to the client;

            (10)    A statement indicating that the client's records and any transaction with the certified professional midwife are confidential unless required by the board for review;

            (11)    The right of a client to refuse service unless otherwise provided by law;

            (12)    The client's and certified professional midwife's signatures and date of signing.

    Section 32. That the code be amended by adding a NEW SECTION to read:

    No other licensed health care provider or hospital or agent thereof is liable for an injury resulting from an act or omission by a certified professional midwife, even if the health care provider has consulted with or accepted a referral from the certified professional midwife.


    Section 33. That chapter 36-9A be amended by adding a NEW SECTION to read:

     Nothing in this chapter restricts the right of a certified professional midwife to practice in accordance with this Act.

    Section 34. That chapter 36-4 be amended by adding a NEW SECTION to read:

     Nothing in this chapter restricts the right of a certified professional midwife to practice in accordance with this Act."

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1186 which was tabled.

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1230 and returns the same with the recommendation that said bill be amended as follows:

1230fb

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

"    Section 1. That chapter 32-17 be amended by adding a NEW SECTION to read:

    Any animal-drawn vehicle operating on a highway during the period from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render the vehicle clearly discernible to any person on the highway at a distance of two hundred feet ahead, shall be equipped with a flashing amber light that is visible from the front of the vehicle and a red flashing light visible from the rear of the vehicle. The red flashing light shall have a minimum diameter of four inches with at least three square inches of surface. A violation of this section is a Class 2 misdemeanor."

1230ota

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "require lights on certain animal-drawn vehicles while operating on a highway.".



    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1137 and returns the same with the recommendation that said bill be amended as follows:

1137oa

    On page 2 of the printed bill, delete lines 6 to 11, inclusive, and insert:

"shall be distributed as follows:

            (1)    One and three-fourths percent shall be credited to the state motor vehicle fund;

            (2)    Two and one-half percent shall be credited to the state license plate special revenue fund;

            (3)    One-fourth of one percent shall be credited to the county treasurer fund to cover expenses for supplies such as toner, paper, etc.;

            (4)    Sixty-seven percent shall be credited to the county road and bridge fund;

            (5)    Twenty-three percent shall be placed in the special highway fund and shall be distributed to the townships in accordance with §§ 32-11-5 to 32-11-7, inclusive; and

            (6)    Five and one-half percent shall be distributed to municipalities within the county in accordance with subdivision 32-11-4.1(3).".

    And that as so amended said bill do pass.

Respectfully submitted,
Mary Duvall, Vice-Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill be amended as follows:


1149ya

    On page 1, line 8, of the printed bill, after "." insert "No district may be formed within three miles of an incorporated municipality unless a resolution of approval is passed by majority vote of the governing body of that municipality.".

    On page 1, line 11, delete "if".

    On page 1, delete line 12.

    On page 1, line 13, delete everything before "if" .

    On page 2, line 6, after "district" insert "and the resolution of approval of any incorporated municipality within three miles of the boundaries of the proposed district".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1194, 1195, and 1196 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Herman Otten, Vice-Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1010, 1013, 1014, 1081, 1082, 1105, and 1170 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 114 and 142 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary


MOTIONS AND RESOLUTIONS

    HCR 1014 Introduced by: Representatives Craig, Anderson, Bolin, Brunner, Campbell, DiSanto, Feickert, Gosch, Greenfield (Lana), Haggar (Don), Haugaard, Heinemann (Leslie), Holmes, Hunt, Klumb, Langer, Latterell, Marty, May, McCleerey, Munsterman, Partridge, Peterson (Kent), Qualm, Rasmussen, Russell, Schoenfish, Stalzer, Tulson, Verchio, Werner, Westra, Wiik, and Zikmund and Senators Haggar (Jenna), Curd, Greenfield (Brock), Heineman (Phyllis), Holien, Jensen (Phil), Monroe, Novstrup (David), Olson, and Van Gerpen

        A CONCURRENT RESOLUTION, Calling for the United States to save Christians from persecution and genocide.

    WHEREAS, Christians and Yazidis are targets of genocide by ISIS in Iraq, Syria, and Libya and are targets for persecution in many other parts of the world; and

    WHEREAS, Christians throughout the world are persecuted for practicing their faith; and

    WHEREAS, Christians, Jews, and those of other faiths are being personally attacked, kidnapped, injured, enslaved, and killed in large numbers not seen since the Middle Ages; and

    WHEREAS, Christians and other faiths are being forcibly removed from their ancestral homelands which they have occupied since the birth of Christ; and

    WHEREAS, Christian churches are attacked, burned, ransacked, and destroyed throughout the world; and

    WHEREAS, such destruction to Christians and people of other faiths is taking place in Africa, Asia, the Pacific Islands, and Europe; and

    WHEREAS, former Secretary of State Hilary Clinton and President Barack Obama have witnessed atrocities now reaching genocide status against Christians and other faiths which have dramatically increased under their terms of office; and

    WHEREAS, Secretary Clinton and President Obama have failed to ensure the appropriate refugee status for victims of genocide:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-First Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature recognizes that Christians and Yazidis in Iraq, Syria, Pakistan, Iran, and Libya are targets of persecution and encourages other nations to likewise recognize the ongoing threat of genocide to these people; and

    BE IT FURTHER RESOLVED, that such persecution of Christians as targets of genocide who are seeking admission to the United States as immigrants or refugees should be given priority and expedited refugee processing; and

    BE IT FURTHER RESOLVED, that the persecution of Christians and Yazidis in Iraq, Syria, Pakistan, Iran, and Libya constitutes an unforeseen emergency refugee situation, and the admission of such persecuted individuals in response to that situation is of grave humanitarian concern; and

    BE IT FURTHER RESOLVED, that the secretary of Homeland Security shall provide for the expedited processing of the visas for such Christians and Yazidis and shall ensure that such applications receive first priority among applications for refugee immigration status; and

    BE IT FURTHER RESOLVED, that the Legislature supports H.R. 4017 which would provide emergency admission of refugees and immigrants to persecuted Christians and Yazidis; and

    BE IT FURTHER RESOLVED, that the chief clerk of the House of Representatives prepare and forward appropriate copies of this resolution to the President of the United States of America, the speaker and clerk of the United States House of Representatives, and the president and secretary of the United States Senate.

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

    Rep. Gosch moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 19, the 24th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Joint Committee on Appropriations on HB 1047 as found on page 408 of the House Journal; also

    State Affairs on HB 1161 as found on page 408 of the House Journal; also

    Judiciary on HB 1132 as found on page 411 of the House Journal; also

    Judiciary on HB 1133 as found on page 411 of the House Journal; also

    Judiciary on HB 1167 as found on page 411 of the House Journal; also

    Judiciary on HB 1243 as found on page 412 of the House Journal be adopted.

    Which motion prevailed.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 114: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to the commissioning of the USS South Dakota and to declare an emergency.

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

    SB 142: FOR AN ACT ENTITLED, An Act to authorize certain disclosures of mental health information to law enforcement.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Pursuant to House Rule 7-1, the Speaker removed SB 8 from the Consent Calendar.

    HB 1238: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the Executive Board of the Legislative Research Council.

    Was read the second time.

    The question being "Shall HB 1238 pass?"

    And the roll being called:

    Yeas 68, Nays 1, Excused 1, Absent 0

    Yeas:
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 (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Russell

    Excused:
Kaiser



    So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1182: FOR AN ACT ENTITLED, An Act to increase the state sales tax, the state use tax, the excise tax on farm machinery, and amusement device tax for the purpose of increasing education funding and reducing property taxes, and to declare an emergency.

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

    The question now being on Rep. Partridge's pending motion to amend HB 1182 as found on page 364 of the House Journal.

    Which motion prevailed.

1182cg

    Rep. Mickelson moved that HB 1182 be further amended as follows:

    On page 6, between lines 23 and 24 of the printed bill, insert:

"    Section 18. That § 13-8-47 be amended to read:

    13-8-47. Before the first day of August every school board shall file an annual report with the Department of Education. The report shall contain all the educational and financial information and statistics of the school district as requested in a format established by the Department of Education. The report shall also contain, for each month of the fiscal year, the month-end cash balances of the school district's general fund, capital outlay fund, pension fund, and special education fund. The report shall also contain the following information for the district from the preceding fiscal year:

            (1)    Total teacher compensation, which is the total amount spent on instructional salaries and benefits for certified instructional staff;

            (2)    The total amount spent on instructional salaries for certified instructional staff;

            (3)    The total amount spent on benefits for certified instructional staff;

            (4)    The total number of certified instructional staff employed by the school district; and

            (5)    Any other information necessary to comply with the provisions of this Act.

    The business manager with assistance of the secretary of the Department of Education shall make the annual report, and it shall be approved by the school board. The business manager shall sign the annual report and file a copy with the Department of Education as provided in § 13-13-37. The division shall audit the report and return one copy to the school district.

    Reports not filed prior to August thirtieth are considered past due and are subject to the past-due provisions of § 13-13-38.

    Section 19. That the code be amended by adding a NEW SECTION to read:

    The Department of Education shall calculate the following for each school district:

            (1)    The average teacher salary, based on data collected pursuant to §§ 13-8-47 and 13-3-51;

            (2)    The increase in state aid to general education funding, excluding any effect due to change in the school district's fall enrollment and less the amount of revenue generated in school fiscal year 2016 pursuant to § 13-10-6 as a percentage increase, from fiscal year 2016 to fiscal year 2017; and

            (3)    The increase in average teacher compensation as a percentage increase, as defined in § 13-8-47, from fiscal year 2016 to fiscal year 2017.

    For each school district, the district's increase in average teacher compensation from fiscal year 2016 to 2017 shall be equal to at least eighty-five percent of the district's increase in state aid to general education funding, as defined in subdivision (2), from fiscal year 2016 to fiscal year 2017.

    If a school district fails to comply with the requirements of this section, state aid to general education funding to the district in fiscal year 2018 shall be decreased by an amount equal to fifty percent of the amount calculated in subdivision (2). For fiscal years 2019, 2020, and 2021, if a district's average teacher compensation is less than the district's average teacher compensation in fiscal year 2017, state aid to general education funding to the district in the following fiscal year shall be reduced by an amount equal to five hundred dollars for each teacher employed in the school district.

    A school district may request a waiver from any penalty imposed under this section from the School Finance Accountability Board created in section 20 of this Act.

    Section 20. That the code be amended by adding a NEW SECTION to read:

    There is hereby created the School Finance Accountability Board within the Department of Education. The board shall consist of five members appointed by the Governor. The members shall serve a term of four years. The board may recommend that a penalty against a school district imposed under section 19 of this Act be waived, in whole or in part, if the district can demonstrate that its failure to comply with section 19 of this Act is due to special circumstances.

    The School Finance Accountability Board shall promulgate rules, pursuant to chapter 1-26, to establish the appeals process provided for in section 19 of this Act, and to establish the factors that may be taken into account when considering a waiver requested by a school district, which shall include the impact of retirements.

    Any waiver recommended by the School Finance Accountability Board must be approved by the Joint Committee on Appropriations or the Interim Committee on Appropriations. The Department of Education shall annually report to the Governor and the Legislature the information collected pursuant to § 13-8-47 and section 19 of this Act.".

    Which motion prevailed.

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    Rep. Schoenbeck moved that HB 1182 be further amended as follows:

    On page 6 of the printed bill, delete lines 21 to 23, inclusive, and insert:

"    Section 17. That the code be amended by adding a NEW SECTION to read:

    From the proceeds of this Act, each year sixty-three percent shall be dedicated to increasing teacher salaries by school districts, thirty-four percent shall be dedicated to reducing the property tax levies for general education for all classes of property, and three percent shall be dedicated to increasing instructor salaries to competitive levels at postsecondary technical institutes.

    Section 18.That the code be amended by adding a NEW SECTION to read:

    The presidents of the postsecondary technical institutes, acting pursuant to rules established by the State Board of Education, shall use the money provided pursuant to this Act to increase instructor salaries at each postsecondary technical institute.".

    A roll call vote was requested and supported.

    The question being on Rep. Schoenbeck's motion that HB 1182 be amended.

    And the roll being called:

    Yeas 38, Nays 31, Excused 1, Absent 0

    Yeas:
Anderson; Beal; Conzet; Deutsch; DiSanto; Dryden; Harrison; Hawks; Hawley; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kirschman; Klumb; McCleerey; Mickelson; Munsterman; Novstrup (Al); Peterson (Kent); Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenbeck; Schoenfish; Sly; Soli; Solum; Steinhauer; Stevens; Tulson; Werner; Willadsen; Wollmann; Zikmund; Speaker Wink



    Nays:
Bartling; Bolin; Bordeaux; Brunner; Campbell; Craig; Cronin; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Heinemann (Leslie); Hunt; Killer; Langer; Latterell; Marty; May; Otten (Herman); Partridge; Qualm; Russell; Schaefer; Schrempp; Stalzer; Verchio; Westra; Wiik

    Excused:
Kaiser

    So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.


    Rep. Langer moved the previous question.

    Which motion prevailed.

    The question being "Shall HB 1182 pass as amended?"

    And the roll being called:

    Yeas 46, Nays 23, Excused 1, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Bordeaux; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson; Harrison; Hawks; Hawley; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Killer; Kirschman; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Rasmussen; Ring; Romkema; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Steinhauer; Stevens; Tulson; Werner; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Beal; Brunner; Campbell; Craig; DiSanto; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Heinemann (Leslie); Hunt; Klumb; Langer; Latterell; Marty; May; Qualm; Rounds; Russell; Stalzer; Verchio; Westra; Wiik

    Excused:
Kaiser

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

    Rep. Schoenbeck announced his intention to reconsider the vote by which HB 1182 lost.


    HB 1204: FOR AN ACT ENTITLED, An Act to provide a sales and use tax exemption for certain nonprofit corporations created for the purpose of fire protection.

    Was read the second time.

    The question being "Shall HB 1204 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; 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; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Verchio

    Excused:
Cronin; Kaiser

    So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

    HB 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incentives for certain energy facilities.

    Was read the second time.

    The question being "Shall HB 1177 pass as amended?"

    And the roll being called:

    Yeas 54, Nays 15, Excused 1, Absent 0


    Yeas:
Anderson; Bartling; Beal; Bordeaux; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson; Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Latterell; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Steinhauer; Stevens; Tulson; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Bolin; Brunner; Campbell; Craig; DiSanto; Gosch; Greenfield (Lana); Klumb; Langer; Marty; May; Qualm; Stalzer; Verchio; Westra

    Excused:
Kaiser

    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

    HB 1206: FOR AN ACT ENTITLED, An Act to authorize the use of handguns in the hunting of game birds.

    Was read the second time.

    Rep. Westra moved that HB 1206 be deferred to Friday, February 19, the 24th legislative day.

    Which motion prevailed.

    HB 1024: FOR AN ACT ENTITLED, An Act to make an appropriation for the maintenance and repair of state owned dams and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1024 pass?"

    And the roll being called:

    Yeas 67, Nays 2, Excused 1, Absent 0


    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; 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; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Haugaard; Verchio

    Excused:
Kaiser

    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

    HB 1209: FOR AN ACT ENTITLED, An Act to require any public body of the state to accept as valid all information on a person's birth certificate.

    Was read the second time.

    Rep. Gosch moved that HB 1209 be deferred to Friday, February 19, the 24th legislative day.

    Which motion prevailed.

    HB 1244: FOR AN ACT ENTITLED, An Act to revise provisions related to the sex offender registry

    Was read the second time.

    The question being "Shall HB 1244 pass?"

    And the roll being called:

    Yeas 63, Nays 6, Excused 1, Absent 0


    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Brunner; Latterell; Marty; Russell; Schoenbeck; Verchio

    Excused:
Kaiser

    So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Rep. Gosch moved that the balance of the calendar including SB 2, 34, 120, and 63 be deferred to Friday, February 19, the 24th 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 Legislative Procedure respectfully reports that HB 1087, 1089, and 1113 were delivered to his Excellency, the Governor, for his approval at 11:00 a.m., February 18, 2016.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1210 was delivered to his Excellency, the Governor, for his approval at 2:12 p.m., February 18, 2016.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1010, 1013, 1014, 1081, 1082, 1105, and 1170 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the development of park and recreational improvements on lands leased to the Department of Game, Fish and Parks.

    HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alternative instruction achievement tests for children excused from school attendance.

    HB 1014: FOR AN ACT ENTITLED, An Act to authorize the sale of certain surplus real estate and to provide for the deposit of the proceeds.

    HB 1081: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

    HB 1082: FOR AN ACT ENTITLED, An Act to codify the list of navigable streams requiring gates.

    HB 1105: FOR AN ACT ENTITLED, An Act to give the court discretion to grant a continuance of a protection order in certain situations.

    HB 1170: 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.

    And signed the same in the presence of the House.


COMMEMORATIONS

    HC 1012 Introduced by: Representatives Craig, Anderson, Bartling, Beal, Bolin, Bordeaux, Brunner, Campbell, Conzet, Cronin, Deutsch, DiSanto, Dryden, Duvall, Feickert, Gibson, Gosch, Greenfield (Lana), Haggar (Don), Harrison, Haugaard, Hawks, Hawley, Heinemann (Leslie), Holmes, Hunhoff (Jean), Hunt, Jensen (Alex), Johns, 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, Steinhauer, Stevens, Verchio, Werner, Westra, Wiik, Willadsen, Wink, Wollmann, and Zikmund and Senators Jensen (Phil), Bradford, Brown, Buhl O'Donnell, Cammack, Curd, Fiegen, Frerichs, Greenfield (Brock), Haggar (Jenna), Haverly, Heinert, Holien, Hunhoff (Bernie), Monroe, Novstrup (David), Olson, Omdahl, Otten (Ernie), Peterson (Jim), Rampelberg, Rusch, Shorma, Soholt, Solano, Sutton, Tidemann, Tieszen, Van Gerpen, Vehle, and White

        A LEGISLATIVE COMMEMORATION, Recognizing and honoring the bravery of South Dakota Highway Patrol Trooper Zachary Bader.

    WHEREAS, Trooper Bader has been a Highway Patrol trooper for ten years and is currently stationed in Rapid City; and

    WHEREAS, while serving in the line of duty, Trooper Bader sustained serious but non-life threatening injuries on October 24, 2015; and

    WHEREAS, Trooper Bader was released from the hospital on November 6, 2015, and is currently recovering at home with his family; and

    WHEREAS, Trooper Bader is appreciative of the support given to him and his family and
has given some of the donations he has received to others in need; and

    WHEREAS, all of his family, friends, and colleagues anxiously await the day when Trooper Bader returns to duty:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature commends Highway Patrol Trooper Zachary Bader for his service and commitment to the people of South Dakota and his fellow officers.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 4:53 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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