JOURNAL OF THE HOUSE

NINETIETH SESSION



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 6, 2015

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

    The prayer was offered by the Chaplain, Pastor Mercy Hobbs, followed by the Pledge of Allegiance led by House page Amanda Pennock.

    Roll Call: All members present except Bordeaux, Craig, Feickert, Novstrup, Otten, Rozum, Schoenbeck, and Schrempp 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 thirty-second day and finds that the following correction should be made:


    On page 620, line 19, delete "137,".

    In the House Journal of the thirty-first day the following correction should be made:

    On page 584, line 13, delete "137,".

    On page 584, after line 13, insert "Also MR. SPEAKER: The Committee on State Affairs respectfully that it has had under consideration SB 137 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar."

    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


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill be amended as follows:

69fm

    On page 12, line 12, of the Senate engrossed bill, delete "that was diagnosed after the petition filing".

    On page 12, line 15, delete "by at least" and insert ";".

    On page 12, delete line 16.

    On page 12, line 21, after "office," insert "it has been determined that the party candidate's employment conflicts by law with the duties of the office sought,".

69fl

    On page 3, line 19, of the Senate engrossed bill, after "party" insert "and voters registered as other".
    On page 4, line 6, after "party" insert "and voters registered as other".

    On page 5, line 13, after "affiliation" insert "or voters registered as other".

    On page 11, line 9, overstrike "January" and insert "December".

    On page 11, line 9, overstrike "at 8:00 a.m.".

    On page 13, after line 2, insert:

"    Section 22. That § 12-1-3 be amended by adding thereto NEW SUBDIVISIONS to read as follows:

    "Independent" or "no party affiliation," any voter who writes Independent, I, Ind, the field is blank, no party affiliation, no party, no choice, nonpartisan, or line crossed off in the Choice of Party field on the voter registration form;

    "Other," any voter who writes any other nonrecognized political party in the Choice of Party field on the voter registration form.".

69fj

    On page 1, line 10, of the Senate engrossed bill, delete "last Tuesday of March" and insert "last first Tuesday of March".

    On page 1, line 11, delete "February".

    On page 1, remove the overstrikes from lines 11 to 13, inclusive.

    On page 2, delete line 12, and insert "p.m., the last first Tuesday of March prior to the date of the primary election. If a petition".

    On page 2, remove the overstrikes from line 13.

    On page 2, line 13, overstrike "last" and insert "first".

    On page 2, remove the overstrikes from line 14.

    On page 2, line 21, delete "sixty-five" and insert "fifty-eight".

    On page 2, line 24, delete "last Tuesday in March February" and insert "last first Tuesday in March".

    On page 5, remove the overstrikes from lines 8 and 9.

    On page 6, line 6, delete "last Tuesday in March February" and insert "last first Tuesday in March".
    On page 6, remove the overstrikes from lines 9 and 10.

    On page 6, line 10, overstrike "last" and insert "first".

    On page 6, line 13, delete "last Tuesday in March February" and insert "last first Tuesday in March".

    On page 6, line 18, delete "last Tuesday in March February" and insert "last first Tuesday in March".

    On page 7, line 6, delete "last Tuesday in March February" and insert "last first Tuesday in March".

    On page 8, delete line 1, and insert "after the last first Tuesday in March at five p.m. If the request is mailed by registered mail".

    On page 8, remove the overstrikes from line 2.

    On page 8, line 2, overstrike "last" and insert "first".

    On page 8, line 8, delete "last Tuesday in March February" and insert "last first Tuesday in March".

    On page 8, remove the overstrikes from lines 20 and 21.

    On page 9, remove the overstrikes from lines 10 and 11.

    On page 10, remove the overstrikes from lines 4 to 6, inclusive.

    On page 10, line 5, delete "last Friday in February" and insert "last first Friday in February March".

    On page 10, remove the overstrikes from line 23.

    On page 10, remove the overstrikes from line 24.

    On page 10, line 24, overstrike "last" and insert "first".

    On page 11, remove the overstrikes from line 1.

    On page 11, remove the overstrikes from lines 11 and 12.

69on

    On the pending amendment, (69fj), delete the page 2, line 21 instruction.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill be amended as follows:

65oa

    On page 2, line 19, of the Senate Local Government Committee engrossed bill, delete "nominated" and insert "publicly seeking a nomination".

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill be amended as follows:

66sc

    On page 2, after line 6 of the Senate Local Government Committee engrossed bill, insert:

"    Section 4. That § 7-1-69 be amended to read as follows:

    7-1-69. Whenever not less than fifteen percent of the registered voters of any organized county in this state, based upon the total number of registered voters at the last preceding general election, shall on or before the first day of July in any general election year, file in the office of county auditor a petition requesting that the name of such the county be changed and authorizing the county to appropriate and pay for all local government and state government costs associated with changing the name of the county, the county auditor shall at the next regular election, submit to the legal voters of the county on a separate printed ballot the following question:

    Shall the name of this county be changed to ____________ and county funds be appropriated to pay for all local government and state government costs associated with the name change?
    
    ___ Yes

    ____ No

    All voters in favor of changing the name of such the county and paying for all the local government and state government costs associated with the name change shall place either a cross or check mark in the square before the word Yes on the ballot. All voters who do not favor changing the name of such county and paying for all the local government and state government costs associated with the name change shall place either a cross or check mark in the square before the word No on the ballot. All local government and state government costs associated

with changing the name of the county shall be paid by the county from county funds appropriated for that purpose before the change of the name of the county shall be effective. ".


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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill be amended as follows:

67oa

    On page 1, line 11, of the printed bill, delete "second" and insert "third".

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 135 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Brian G. Gosch, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1059 and 1179 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 43 and 48.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1021, 1022, 1128, 1176, and 1194 and HJR 1005 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 4 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 Kevin Boring, Jessica Brady, Ally Brandner, Jack Brown, Matthew Darnall, Michael Dupic, Shanda Gill, Zach Johansen, Jenna Johnson, Cassandra Jones, Shelby Kampmann, Allie Knofczynski, Shale Kramme, Amanda Pennock, Emily Plumage.

    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. Langer moved that House Page Resolution 4 be adopted.

    Which motion prevailed and the resolution was adopted.

    Rep. Heinemann moved that the House do concur in Senate amendments to HB 1080.

    The question being on Rep. Heinemann's motion that the House do concur in Senate amendments to HB 1080.

    And the roll being called:

    Yeas 61, Nays 1, Excused 8, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Partridge; Peterson (Kent); Qualm; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Rasmussen

    Excused:
Bordeaux; Craig; Feickert; Novstrup (Al); Otten (Herman); Rozum; Schoenbeck; Schrempp

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

    Rep. Gosch moved that the House do concur in Senate amendments to HB 1145.

    The question being on Rep. Gosch's motion that the House do concur in Senate amendments to HB 1145.

    And the roll being called:

    Yeas 62, Nays 0, Excused 8, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Bordeaux; Craig; Feickert; Novstrup (Al); Otten (Herman); Rozum; Schoenbeck; Schrempp


    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

    Rep. Mickelson moved that the House do concur in Senate amendments to HB 1201.

    The question being on Rep. Mickelson's motion that the House do concur in Senate amendments to HB 1201.

    And the roll being called:

    Yeas 50, Nays 12, Excused 8, Absent 0

    Yeas:
Anderson; Beal; Bolin; Brunner; Campbell; Conzet; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Klumb; Langer; Latterell; Marty; Mickelson; Munsterman; Partridge; Peterson (Kent); Qualm; Romkema; Rounds; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Bartling; Gibson; Hawks; Hickey; Kaiser; Killer; Kirschman; May; McCleerey; Rasmussen; Ring; Soli

    Excused:
Bordeaux; Craig; Feickert; Novstrup (Al); Otten (Herman); Rozum; Schoenbeck; Schrempp

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Taxation on SB 180 as found on page 604 of the House Journal; also

    Taxation on SB 100 as found on page 606 of the House Journal be adopted.

    Which motion prevailed.

    There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    Rep. Gosch moved that SB 125 be referred from the Committee on State Affairs to the Committee on Education.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

    Rep. Gosch moved that SB 189 be placed on today's calendar, Friday, March 6, the 33rd legislative day, pursuant to Joint Rule 6F-6.

    The question being on Rep. Gosch's motion that SB 189 be placed on today's calendar, Friday, March 6, the 33rd legislative day, pursuant to Joint Rule 6F-6.

    And the roll being called:

    Yeas 31, Nays 31, Excused 8, Absent 0

    Yeas:
Beal; Brunner; Campbell; Conzet; Deutsch; DiSanto; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Hickey; Holmes; Hunt; Kaiser; Klumb; Langer; Latterell; Marty; May; Qualm; Rounds; Russell; Schaefer; Schoenfish; Stalzer; Verchio; Westra; Wiik; Wollmann

    Nays:
Anderson; Bartling; Bolin; Cronin; Dryden; Duvall; Gibson; Hawks; Hawley; Hunhoff (Jean); Jensen (Alex); Johns; Killer; Kirschman; McCleerey; Mickelson; Munsterman; Partridge; Peterson (Kent); Rasmussen; Ring; Romkema; Sly; Soli; Solum; Stevens; Tulson; Werner; Willadsen; Zikmund; Speaker Wink

    Excused:
Bordeaux; Craig; Feickert; Novstrup (Al); Otten (Herman); Rozum; Schoenbeck; Schrempp

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

    Rep. Gosch announced his intention to reconsider the vote by which SB 189 lost.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the term of the Executive Board of the Legislative Research Council.

    Was read the second time.

    The question being "Shall SB 137 pass?"

    And the roll being called:

    Yeas 57, Nays 5, Excused 8, Absent 0

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

    Nays:
Haugaard; Latterell; Marty; Rounds; Russell

    Excused:
Bordeaux; Craig; Feickert; Novstrup (Al); Otten (Herman); Rozum; Schoenbeck; Schrempp

    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 SB 97, 2, 51, 33, 70, 191, 13, 186, 95, 73, 190, 132, 134, 154, 131, 178, and 179 be deferred to Monday, March 9, the 34th 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 1013, 1027, 1030, 1031, 1042, 1048, 1058, 1064, 1072, 1073, 1079, 1124, 1130, 1139, 1144, 1146, 1148, 1165, 1177, and 1236 were delivered to his Excellency, the Governor, for his approval at 10:55 a.m., March 6, 2015.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1021, 1022, 1050, 1128, 1134, 1176, and 1194 and HJR 1005 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1021: FOR AN ACT ENTITLED, An Act to repeal the authorization for the South Dakota School of Mines and Technology research center project and to authorize the South Dakota Building Authority to issue bonds to finance a portion of the maintenance and repair of the South Dakota School of Mines and Technology chemistry/chemical engineering renovation project.

    HB 1022: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved property in Spearfish and to make an appropriation therefor.

    HB 1050: FOR AN ACT ENTITLED, An Act to repeal certain funds, to make revisions to receipts dedicated to the property tax reduction fund, and to create the general revenue replacement fund.

    HB 1128: FOR AN ACT ENTITLED, An Act to protect certain homestead exemption interests during sale of homestead or separation of owners.

    HB 1134: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the expungement of arrest records.

    HB 1176: FOR AN ACT ENTITLED, An Act to authorize a person to be on the general election ballot for president or vice president and another office.

    HB 1194: FOR AN ACT ENTITLED, An Act to set a minimum size for a sign about zoning changes or conditional use permits.

    HJR 1005: A JOINT RESOLUTION, Designating Oglala Lakota County as the new name of Shannon County.

    SB 25: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to enter into a lease-purchase agreement to acquire agricultural property in Moody County for the use and benefit of the South Dakota State University Agricultural Experiment Station.

    SB 26: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish the veterinary isolation building on the campus of South Dakota State University and to make an appropriation therefor.

    SB 27: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the replacement of the plant science research support facility on the campus of South Dakota State University and to make an appropriation therefor.

    SB 58: FOR AN ACT ENTITLED, An Act to revise certain authority, monetary penalties, and hearing procedures of the South Dakota Commission on Gaming.

    SB 82: FOR AN ACT ENTITLED, An Act to update outdated language related to domestic abuse.

    SB 86: FOR AN ACT ENTITLED, An Act to place a term limit on the office of poet laureate.

    SB 110: FOR AN ACT ENTITLED, An Act to revise the authority granted to the Building Authority and to the Board of Regents to construct an information system building on the campus of Dakota State University in Madison.

    SB 124: FOR AN ACT ENTITLED, An Act to revise the requirements for a petition for a minor boundary change.

    SB 153: FOR AN ACT ENTITLED, An Act to repeal the South Dakota certified site and technology park programs.

    SB 177: FOR AN ACT ENTITLED, An Act to establish a youth minimum wage.

    SB 182: FOR AN ACT ENTITLED, An Act to revise the rate of interest for late payment of certain taxes.

    And signed the same in the presence of the House.

ANNOUNCEMENTS

    No member moved to reconsider the vote by which SB 189 was lost.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 1:52 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk