House of Representatives Journal 2/15/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 15, 2017

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

The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by House pages Katie Hauser and Shikar Kumar.

Roll Call: All members present except Reps. Carson, Marty, McPherson, and Otten 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-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,

G. Mark Mickelson, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1176 which was tabled.

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1111, 1158, and 1180 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1202 which was tabled.

Respectfully submitted,
David L. Anderson, Co-Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1072 and returns the same with the recommendation that said bill be amended as follows:

1072wa

On page 3, line 22, of the printed bill, remove the overstrikes from "~~A temporary~~".

On page 3, line 22, delete "An".

On page 4, delete lines 23 and 24.

On page 5, delete lines 1 to 5, inclusive.

On page 5, line 12, delete "The secretary of state may enter into reciprocity agreements with any".

On page 5, line 13, delete "other state.".

On page 5, line 19, delete "~~temporary~~" and insert "temporary optional".

On page 5, line 23, delete "any" and insert "an".

On page 6, line 16, delete "optional".

On page 8, after line 18, insert:

" Section 20. That chapter 23-7 be amended by adding a NEW SECTION to read:

No person under the age of eighteen years of age may carry a concealed pistol except in the presence of a parent or legal guardian.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill be amended as follows:

1074wb

On page 1 of the printed bill, delete lines 5 to 8, inclusive, and insert:

Contributions to a statewide ballot question committee from a person who is not a resident of the state at the time of any contribution, a political committee that is organized in a state other than South Dakota, or any other organization that is not filed as a domestic entity with the secretary of state for the four years preceding a contribution may not exceed one hundred thousand dollars in the aggregate for a general election cycle. For purposes of this section, a general election cycle, means the period that includes the day after the general election held in November of an even-numbered year through the day of the general election held in November in the following even-numbered year, inclusive.

All committees established, financed, maintained, or controlled by the same corporation, labor organization, person, group of persons, and any parent, subsidiary, branch, division, department, or local unit of any corporation, labor organization, person, or group of persons are affiliated and share a single contribution limit under this section.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill be amended as follows:

1141wa

On page 1 of the printed bill, delete lines 6 to 14, inclusive, and insert:

There is hereby established an Initiative and Referendum Task Force comprised of fifteen members to study possible changes to the process regarding initiated measures and referred laws. The task force shall consist of the following members:

(1) Three members of the House of Representatives to be appointed by the speaker of the House, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

(2) Three members of the Senate to be appointed by the president pro tempore, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

(3) The secretary of state, serving ex officio and without a vote;

(4) The attorney general, serving ex officio and without a vote;

(5) One member to be appointed by the Governor;

(6) Two members of the Board of Elections;

(7) One member to be appointed by the speaker of the House who is a faculty member of a political science department of a college or university in the state;

(8) One member who is a representative of the South Dakota Chamber of Commerce;

(9) One member who is a representative of the South Dakota Municipal League; and

(10) One member who is a representative of the South Dakota Association of County Commissioners.

If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment under this Act.".

On page 2 of the printed bill, delete lines 1 and 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1165 and returns the same with the recommendation that said bill be amended as follows:

1165fb

On page 1 of the printed bill, remove the overstrikes from line 15.

On page 2, delete line 1, and insert "students, or commissioner, councilman, or mayor in municipalities of the first class, shall ~~within~~".

On page 2, line 23, remove the overstrikes from "in a school".

On page 2, remove the overstrikes from line 24.

On page 3, remove the overstrikes from line 1.

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

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1182 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1196 and returns the same with the recommendation that said bill be amended as follows:

1196cb

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

" Section 1. That chapter 13-32 be amended by adding a NEW SECTION to read:

No person, including a student, may use any electronic listening or recording device in any classroom of a school district without the prior consent of the teacher in the classroom and the principal of the school.

Any person, other than a student, who violates this section is guilty of a Class 2 misdemeanor. Any student who violates this section is subject to appropriate disciplinary action as provided in school district policy."

1196cta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "prohibit the unauthorized use of electronic listening or recording devices in classrooms.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1211 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 Judiciary respectfully reports that it has had under consideration HB 1143 and returns the same with the recommendation that said bill be amended as follows:

1143ba

On page 1, line 4, of the printed bill, delete "eighteen" and insert "sixteen".

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 1155 and returns the same with the recommendation that said bill be amended as follows:

1155oa

On page 1 of the printed bill, delete lines 5 to 8, inclusive, and insert:

Any person, who assaults another with the intent to cause serious permanent disfigurement and causes serious permanent disfigurement, is guilty of a Class 2 felony.".

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 1108 and 1203 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill be amended as follows:

1090db

On page 3 of the printed bill, delete line 17, and insert:

For purposes of § 54-4-44, fees contracted for or received that are "incident to the extension of credit" in connection with a loan for the purchase of a motor vehicle do not include".

On page 3, line 19, delete everything after "." and insert:

" Section 4. That chapter 54-4 be amended by adding a NEW SECTION to read:

For the purposes of § 54-4-44 for all loans, late fees, return check fees, and attorney's fees incurred upon consumer default are not fees "incident to the extension of credit."".

On page 3, delete lines 20 and 21.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill be amended as follows:

1092wa

On page 4, line 16, of the printed bill, delete "fifty thousand" and insert "five thousand barrels".

On page 4, line 17, delete "gallons".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1175 and returns the same with the recommendation that said bill be amended as follows:

1175ca

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

" Section 1. That § 21-1-13.1 be amended to read:

21-1-13.1. Any person who is entitled to recover damages, whether in the principal action or by counterclaim, cross claim, or third-party claim, is entitled to recover interest thereon from the day that the loss or damage occurred, except during such time as the debtor is prevented by law, or by act of the creditor, from paying the debt. Prejudgment interest is not recoverable on future damages, punitive damages, or intangible damages such as pain and suffering, emotional distress, loss of consortium, injury to credit, reputation or financial standing, loss of enjoyment of life, or loss of society and companionship. If there is a question of fact as to when the loss or damage occurred, prejudgment interest shall commence on the date specified in the verdict or decision and shall run to, and include, the date of the verdict or, if there is no verdict, the date the judgment is entered. If necessary, special interrogatories shall be submitted to the jury.

Prejudgment interest on damages arising from a contract shall be at the contract rate, if so provided in the contract; otherwise, if prejudgment interest is awarded, it shall be ~~at the Category B rate of interest specified in § 54-3-16~~ a rate equal to three percent plus the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it on the day the judgment is entered. Prejudgment interest on damages arising from inverse condemnation actions shall be at the Category A rate of interest as specified by § 54-3-16 on the day judgment is entered. This section shall apply retroactively to the day the loss or damage occurred in any pending action for inverse condemnation. The court shall compute and award the interest provided in this section and shall include such interest in the judgment in the same manner as it taxes costs. "

And that as so amended said bill do pass.

Respectfully submitted,
Mark Willadsen, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1055 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 113 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Howard requested a fiscal note on HB 1130.

Which request was supported.

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 16, the 24^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on HB 1124 as found on page 383 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The following bill was read on February 14, and today the Speaker assigned this bill to committee.

SB 75 was referred to the Committee on Judiciary.

SB 113: FOR AN ACT ENTITLED, An Act to require certain provisions to be met before distribution of the 911 emergency surcharge revenue and to revise the effective date for the sunset clause provisions that lower the 911 emergency surcharge and revise the method of distributing funds.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how stop lamps shall be mounted and displayed on vehicles and trailers.

Was read the second time.

The question being "Shall HB 1174 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; May; McCleerey; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Beal; Carson; Marty; McPherson; Otten (Herman); Peterson (Kent)

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.

SB 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state geologist.

Was read the second time.

The question being "Shall SB 46 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Beal; Carson; Marty; McPherson; Otten (Herman); Peterson (Kent)

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 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the occupational tax imposed by business improvement districts.

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

The question now being on Rep. Lust's pending motion to amend HB 1085 as found on page 377 of the House Journal.

Which motion prevailed.

1085fe

Rep. Lust moved that HB 1085 be further amended as follows:

On page 2, after line 21 of the House Local Government Committee engrossed bill, insert:

" Section 2. That § 9-55-5 be amended to read:

9-55-5. The mayor shall, with the approval of the governing body, appoint a business improvement board consisting of property owners, residents, business operators or users of space within the business area to be improved. If a business improvement district only consists of hotel and motel properties, the business improvement board shall consist only of hotel and motel owners, or an owner's designee, with rooms available for lodging within the business improvement district. The governing body shall, by resolution, designate the boundaries of the business area prior to the time of the appointment of the board. The board shall make recommendations to the governing body for the establishment of a plan or plans for improvements in the business area. If the improvements to be included in one business area offer benefits that cannot be equitably assessed together under this chapter, more than one business improvement district as part of the same development plan for that business area may be proposed. The board may make recommendations to the municipality as to the use of any revenue collected pursuant to § 9-55-2. ".

Which motion prevailed.

The question being "Shall HB 1085 pass as amended?"

And the roll being called:

Yeas 28, Nays 38, Excused 4, Absent 0

Yeas:
Bartling; Chase; Clark; Conzet; Duvall; Hawley; Holmes; Hunhoff; Johns; Johnson; Kettwig; Lake; Lust; May; Mills; Reed; Ring; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; York

Nays:
Ahlers; Anderson; Bartels; Beal; Bordeaux; Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Howard; Jamison; Jensen (Kevin); Kaiser; Karr; Latterell; Lesmeister; Livermont; McCleerey; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Smith; Soli; Wiese; Zikmund; Speaker Mickelson

Excused:
Carson; Marty; McPherson; Otten (Herman)

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

HB 1079: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding municipal assessments and the collection of delinquent fees by the county.

Was read the second time.

The question being "Shall HB 1079 pass as amended?"

And the roll being called:

Yeas 20, Nays 46, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Conzet; Gosch; Hawley; Holmes; Hunhoff; Jamison; Johns; Johnson; Reed; Ring; Schoenfish; Smith; Soli; Stevens; Tieszen; Turbiville; Wiese; Willadsen

Nays:
Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haggar; Haugaard; Heinemann; Howard; Jensen (Kevin); Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; May; McCleerey; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Rozum; Schaefer; Steinhauer; Tulson; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Carson; Marty; McPherson; Otten (Herman)

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

HB 1116: FOR AN ACT ENTITLED, An Act to revise certain standards for new construction where a building code ordinance has not been adopted.

Was read the second time.

The question being "Shall HB 1116 pass?"

And the roll being called:

Yeas 60, Nays 6, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; May; McCleerey; Mills; Peterson (Kent); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Goodwin; Greenfield (Lana); Livermont; Lust; Peterson (Sue); Rozum

Excused:
Carson; Marty; McPherson; Otten (Herman)

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.

Rep. Qualm moved that the balance of the calendar including HB 1191, 1106, 1168, 1063, 1149, 1159, 1010, 1117, 1133, 1170, and 1179 and SB 14, 15, 17, 18, 1, 44, 49, 6, 59, 34, 63, 7, 19, 36, 69, and 70 be deferred to Thursday, February 16, the 24^th 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 1023, 1027, 1029, 1030, 1040, 1062, and 1070 were delivered to his Excellency, the Governor, for his approval at 10:25 a.m., February 15, 2017.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1055 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the need for a driver license or permit to operate certain motor vehicles.

SB 61: FOR AN ACT ENTITLED, An Act to update, revise, and repeal certain provisions relating to nurse practitioners and nurse midwives.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1015 Introduced by: Representatives Rounds, Ahlers, Anderson, Bartels, Bartling, Beal, Bordeaux, Brunner, Campbell, Chase, Clark, Conzet, Dennert, DiSanto, Duvall, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haggar, Haugaard, Hawley, Heinemann, Holmes, Howard, Hunhoff, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Latterell, Lesmeister, Livermont, Lust, Marty, May, McCleerey, McPherson, Mickelson, Mills, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Rozum, Schaefer, Schoenfish, Smith, Soli, Steinhauer, Stevens, Tieszen, Tulson, Turbiville, Wiese, Willadsen, Wismer, York, and Zikmund and Senators Monroe, Bolin, Cammack, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg

A LEGISLATIVE COMMEMORATION, Honoring Mel Chandler for his outstanding service to the State of South Dakota.

WHEREAS, Mel Chandler served as Sergeant at Arms for the South Dakota House of Representatives for twenty-four years, beginning his service in 1993 and faithfully carrying out his duties until retirement in 2016; and

WHEREAS, Mr. Chandler began the beloved tradition of shouting, "Play Ball!" upon the completion of the Pledge of Allegiance prior to daily session:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature recognizes Mel Chandler of Pierre, South Dakota, for his devotion and servitude as Sergeant at Arms for the South Dakota House of Representatives.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 3:23 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk