JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

THIRTY-SECOND DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 28, 2019

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

The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by House pages Cally Anderson and Madison Bollweg.

Roll Call: All members present except Reps. Deutsch, Lake, Kent Peterson, Randolph, Reimer, and St. John 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-first 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,

Steven G. Haugaard, Chair

Which motion prevailed.

There being no objection, we will hear the House Page Resolution 4.

HOUSE PAGE RESOLUTION 4 Introduced by: Representatives Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield, Lana; Gross; Hammock; Hansen; Haugaard; Healy; Howard; Hunhoff; Jensen, Kevin; Johns; Johnson, Chris; Johnson, David; Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten, Herman; Perry; Peterson, Kent; Peterson, Sue; Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith, Jamie; St. John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund.

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Ninety-fourth Legislature of the State of South Dakota to Natasha Allerdings, Cally Anderson, Torrey Anson, Madison Bollweg, Rebecca Clark, Aaron Eckmann, Robert Michael Garofalo, Cassidy Keck, Duncan Pease, Shelby Ruland, James Sapp, Shannon Weller, and Brody Wilson.

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

WHEREAS, the members of the Ninety-fourth 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 Ninety-fourth 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. Kevin Jensen moved that House Page Resolution 4 be adopted.

Which motion prevailed and the resolution was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001, 1009, 1061, 1063, 1074, and 1196 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 149 and 153 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 179 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 7, of the Senate engrossed bill, overstrike "seven" and insert "six".

And that as so amended said bill be referred to the House Committee on Appropriations.

Respectfully submitted,
Mark Willadsen, Chair

Also MR. SPEAKER:

The Committee on Military and Veterans Affairs respectfully submits a corrected report that it has had under consideration SB 155 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Larry P. Zikmund, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 93, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

93jh

On page 7, line 1, of the Senate engrossed bill, after "committed" insert "while operating under an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit".

On page 7, line 4, overstrike "sixteenth" and insert "eighteenth".

On page 7, line 13, overstrike "sixteenth" and insert "eighteenth".

On page 7, line 17, overstrike "sixteenth" and insert "eighteenth".

On page 7, line 23, overstrike "sixteenth" and insert "eighteenth".

93jj

On page 2, line 5, of the Senate engrossed bill, delete "three hundred sixty-five" and insert "two hundred seventy-three".

On page 3, line 8, delete "three hundred sixty-five" and insert "two hundred seventy-three".

On page 3, line 15, delete "three hundred sixty-five" and insert "two hundred seventy-three".

On page 4, line 16, delete "two hundred seventy-" and insert "one hundred eighty".

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

On page 6, line 1, delete "two hundred seventy-five" and insert "one hundred eighty".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 187 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, line 16, of the Senate Local Government Committee engrossed bill, delete "peddling" and insert "pedaling".

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

Respectfully submitted,
John Mills, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1087, 1118, and 1178 were deferred to the 41^st legislative day.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 175 which has passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1001, 1009, 1061, 1063, 1074, and 1196 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Cwach moved that the House do concur in Senate amendments to HB 1215.

The question being on Rep. Cwach's motion that the House do concur in Senate amendments to HB 1215.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Deutsch; Lake; Peterson (Kent); Randolph; Reimer; St John

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 1242.

Rep. Brunner moved as a substitute motion that the House do not concur in Senate amendments to HB 1242 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The question being on Rep. Brunner's substitute motion that the House do not concur in Senate amendments to HB 1242 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Speaker declared that a roll call vote was needed as he was unclear of the outcome of the voice vote.

And the roll being called:

Yeas 22, Nays 42, Excused 6, Absent 0

Yeas:
Bordeaux; Brunner; Chaffee; Chase; Dennert; Duvall; Finck; Frye-Mueller; Gross; Howard; Hunhoff; Johns; Johnson (David); Livermont; Marty; Mills; Milstead; Mulally; Otten (Herman); Peterson (Sue); Rounds; Weis

Nays:
Anderson; Bartels; Barthel; Beal; Borglum; Cwach; Diedrich; Duba; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Healy; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Lesmeister; McCleerey; Miskimins; Olson; Perry; Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Deutsch; Lake; Peterson (Kent); Randolph; Reimer; St John

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

The question being on Rep. Gosch's motion that the House do concur in Senate amendments to HB 1242.

And the roll being called:

Yeas 47, Nays 17, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Cwach; Dennert; Diedrich; Duba; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Lesmeister; McCleerey; Mills; Milstead; Miskimins; Olson; Perry; Peterson (Sue); Post; Pourier; Qualm; Rasmussen; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Bordeaux; Brunner; Chaffee; Chase; Duvall; Finck; Frye-Mueller; Gross; Howard; Johns; Livermont; Marty; Mulally; Otten (Herman); Pischke; Rounds; Weis

Excused:
Deutsch; Lake; Peterson (Kent); Randolph; Reimer; St John

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

Rep. Zikmund moved that SB 155 be deferred to Monday, March 4, 2019, the
33^rd legislative day, and be placed on the consent calendar in accordance with the corrected Report of the Committee of Military and Veterans Affairs on February 27, 2019.

Which motion prevailed.

Rep. Qualm moved that SB 86 be referred from the Committee on Taxation to the Committee on State Affairs.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on SB 48 as found on page 563 and SB 56 as found on page 564 of the House Journal; also

Education on SB 3 as found on page 566 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 175: FOR AN ACT ENTITLED, An Act to make an appropriation for the South Dakota Ellsworth Development Authority 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.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Jamie Smith requested that SB 123 be removed from the Consent Calendar.

Which request was granted.

Rep. Howard requested that SB 99 be removed from the Consent Calendar.

Which request was granted.

SB 61: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding nursing facility closures.

SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the signature requirements for municipal elections.

SB 98: FOR AN ACT ENTITLED, An Act to repeal the sunset of a wine manufacturer license.

SB 163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding jury lists.

SCR 11: A CONCURRENT RESOLUTION, requesting that the President of the United States designate a single state funeral be held upon the death of the last living identifiable veteran from World War II.

Were read the second time.

The question being "Shall SB 61 and 98 pass as amended, SB 92 and 163 pass, and
SCR 11 be concurred in?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Lesmeister; Livermont; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Marty

Excused:
Deutsch; Lake; Peterson (Kent); Randolph; Reimer; St John

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the bills passed and the titles were agreed to, and the motion carried and
SCR 11 was concurred in.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that SB 59 be deferred to Monday, March 4, 2019, the 33^rd legislative day.

Which motion prevailed.

SB 16: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding financial security for the decommissioning of wind turbines.

Was read the second time.

16ca

Rep. Rounds moved that SB 16 be amended as follows:

On page 1, line 6, of the printed bill, after "commission" insert "in accordance with the terms of the financial security agreement or instrument".

On page 1, line 7, delete "does not constitute an asset".

On page 1, line 8, delete ", and".

On page 1, line 9, delete everything after "." and insert:

The commission may require, accept, hold, or enter into any agreement or instrument for the provision of financial security, including any funds reserved or held by any person to satisfy or guarantee the obligation of an owner of wind turbines permitted under this chapter, to decommission and remove the wind turbines. The form, term, and conditions of the financial security are subject to the approval of the commission. The commission shall determine any claim upon the financial security made by any landowner for decommissioning and removal of turbines.

Any financial security provided under this chapter may not be pledged or used as security for any other obligation of the wind turbine owner, and is exempt from attachment or mesne process, from levy or sale on execution, and from any other final process issued from any court on behalf of third party creditors of the owner of the wind turbines. Any commission decision based on any claim made by the owner of the wind turbines for refund or return of the financial security, or for actual expenses of decommissioning, or any related agreements may be appealed.

In any case, the commission may appear in court and defend the integrity and viability of the financial security for purposes of decommissioning and removal of wind turbines. The commission may not require any financial security from an owner of wind turbines who is also a public utility as defined in subdivision 49-34A-1(12).".

On page 1, delete lines 10 and 11.

Which motion prevailed.

Rep. Rounds moved that SB 16 be deferred to Monday, March 4, 2019, the 33^rd legislative day.

Which motion prevailed.

SB 114: FOR AN ACT ENTITLED, An Act to attribute campaign contributions by certain minors to their parents.

Was read the second time.

The question being "Shall SB 114 pass?"

And the roll being called:

Yeas 41, Nays 23, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Diedrich; Duba; Duvall; Finck; Goodwin; Greenfield (Lana); Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Koth; Lesmeister; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Post; Pourier; Qualm; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan; Willadsen; York; Zikmund

Nays:
Brunner; Dennert; Frye-Mueller; Glanzer; Gosch; Gross; Hammock; Howard; Johnson (Chris); Johnson (David); Karr; Latterell; Livermont; Marty; Mulally; Perry; Peterson (Sue); Pischke; Rasmussen; Rounds; Weis; Wiese; Haugaard

Excused:
Deutsch; Lake; Peterson (Kent); Randolph; Reimer; St John

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 SB 115, 124, 1, 96, 126, and 140 be deferred to Monday, March 4, 2019, the 33^rd legislative day.

Which motion prevailed.

COMMEMORATIONS

HC 1015 Introduced by: Representatives Duvall, Anderson, Beal, Finck, Goodwin, Hammock, Haugaard, Howard, Johns, Karr, Lake, McCleerey, Peterson (Kent), Rounds, and Smith (Jamie) and Senators Monroe, Bolin, Cronin, Foster, Greenfield (Brock), Kennedy, Kolbeck, Nesiba, Novstrup, Smith (VJ), Soholt, Stalzer, Steinhauer, Sutton, Wiik, and Youngberg

A LEGISLATIVE COMMEMORATION, Honoring the Pierre Junior Shooters BB Gun Team for placing second in the 2018 Daisy National BB Gun Championship.

WHEREAS, the Pierre Junior Shooters BB Gun Team participated in the 53rd annual Daisy National BB Gun Championship Match in Rogers, Arkansas, on June 30 to July 3, 2018; and

WHEREAS, the Pierre Junior Shooters BB Gun Team competed against fifty-five other teams from around the United States and captured the silver medal with a score of 2,473.4 points out of a possible 2,680 points; and

WHEREAS, this team was under the guidance of coaches Jonathan Hays and Sean Kruger; and

WHEREAS, the members of this team included Alee Smith, Wyatt Rose, Jasmine Hays, Jayce Beastrom, and Jessica Hays, and team alternates Griffin Gates and Ruth Skyler; and

WHEREAS, the team members and coaches exhibited skill, consistency, determination, knowledge, team spirit, and sportsmanship throughout the season:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Pierre Junior Shooters BB Gun Team be honored and recognized for its excellent marksmanship and scores in placing second at the 53rd annual Daisy National BB Gun Championship Match.

HC 1016 Introduced by: Representatives Miskimins, Anderson, Barthel, Borglum, Chase, Dennert, Deutsch, Duba, Duvall, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Hansen, Jensen (Kevin), Johns, Johnson (Chris), Koth, Lake, Lesmeister, Mills, Milstead, Mulally, Olson, Otten (Herman), Peterson (Kent), Pischke, Rasmussen, Reed, Reimer, Rounds, Steele, Weis, Willadsen, and York and Senators Klumb, Blare, DiSanto, Jensen (Phil), Nelson, Novstrup, Smith (VJ), Steinhauer, and Wismer

A LEGISLATIVE COMMEMORATION, Commending and honoring Dakota Wesleyan University Women's Basketball Team for their outstanding athletic performance upon winning their first NAIA Division II National Championship in the 2018 season.

WHEREAS, the championship was the first national championship in Dakota Wesleyan
University's history; and

WHEREAS, head coach Jason Christensen led the team to tie a school record of thirty-two wins; and

WHEREAS, Ashley Bray finished her career as the top fifth scorer in program history with 1,689 points, was named All-American first team, and All-GPAC first team; and

WHEREAS, Amber Bray was named All-American honorable mention and All-GPAC first team; and

WHEREAS, Rylie Osthus was named All-GPAC first team, Co-Defensive Player of the Year, and scored her 1,000th career point; and

WHEREAS, Kynedi Cheeseman was named All-GPAC secord team and Chesney Nagel named All-GPAC honorable mention:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Dakota Wesleyan Women's Basketball Team be commended and
honored for their sportsmanship, teamwork, and for their accomplishments as 2018 NAIA Division II National Champions.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1001: FOR AN ACT ENTITLED, An Act to revise the timing of the recalculation of the allocations for the disability levels in the state aid to special education formula.

HB 1009: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state employment.

HB 1061: FOR AN ACT ENTITLED, An Act to provide for a court order to test for HIV at the request of victims of certain crimes.

HB 1063: FOR AN ACT ENTITLED, An Act to revise provisions regarding engaging in sexual activity for a fee or other compensation.

HB 1074: FOR AN ACT ENTITLED, An Act to provide a privilege for journalists and newscasters regarding refusal to disclose information.

HB 1196: FOR AN ACT ENTITLED, An Act to provide a definition of blockchain technology for certain purposes.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
2:15 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk