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JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION




THIRTY-SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 13, 2014

    The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor J. P. Mosley, Jr., followed by the Pledge of Allegiance led by House pages Ajok (Victoria) Deng and Bryce Roberts.

    Roll Call: All members present.

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-fifth 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,
Brian G. Gosch, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

DISSENT AND PROTEST PASSAGE OF SB 53

    Pursuant to Joint Rule 1-10, we, the undersigned Representatives, do hereby respectfully dissent and protest the passage of SB 53. The bill was amended in its entirety on the House floor to include four objects of one time appropriations, that were not subjected to public committee hearings, and which clearly violate the explicit requirements of South Dakota Constitution Article XII, Section 2 which states: "All other appropriations shall be made by separate bills, each embracing but one object, and shall require a two-thirds vote of all the members of each branch of the Legislature." After being defeated, the bill was discussed in closed meeting by a quorum of House members in which the public and minority party legislators were specifically excluded, and the bill was subsequently reconsidered and passed. We believe that this is in contravention of South Dakota Constitution Article III, Section 15 which states "The sessions of each house and of the committee of the whole shall be open, unless when the business is such as ought to be kept secret." The reasons for appropriation and disbursement of tax payer dollars should NOT be kept secret. For these reasons, we believe that the passage of the bill is in contravention of South Dakota's Constitution, is injurious to the rights of the people of South Dakota, and is therefore null and void. We respectfully request that this dissent be printed in the House Journal as required by Joint Rule 1-10.

Respectfully submitted,                Respectfully submitted,
Stace Nelson                        Lance S. Russell
Elizabeth May                    Dan Kaiser
Troy Heinert                        Kevin Killer
Paula Hawks                        Dean Schrempp
Patrick A. Kirschman                    Dennis Feickert

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Tidemann, Holien, and Tom Jones as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1206.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Maher, Chuck Jones, and Bradford as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1213.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. White, Vehle, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1142.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Tidemann, Holien, and Tom Jones as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1111.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Curd, Kirkeby, and Welke as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1177.

    There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

Cc177

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 177 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the title to SB 177 be amended as follows:

177nta

    On page 1, line 2, of the House engrossed bill, delete everything after "to" and insert "medical services and to declare an emergency.".

    On page 1, delete line 3.

Respectfully submitted,                Respectfully submitted,
Fred Romkema                    Deb Peters
House Committee Chair                Senate Committee Chair

Cc108

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 108 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 108 be amended as follows:

108oc


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

"    Section 1. The Department of Human Services and the Department of Labor and Regulation shall jointly conduct a study of services and insurance coverage for the treatment of autism spectrum disorder for children. The study shall include input from families, autism advocacy groups, legislators, state policy leaders, and other stakeholders. The study shall examine:

            (1)    The issues related to the cost of requiring insurance plans to cover the screening, diagnosis, and treatment of autism spectrum disorder for children, including current autism care services and insurance coverage available in South Dakota;

            (2)    The availability and certification requirements of service providers;

            (3)    The accepted treatment protocols and clinical and other outcomes associated with such treatments;

            (4)    The cost effectiveness of treatments and insurance coverage in surrounding states;

            (5)    The overall cost per insured for coverage of applied behavior analysis;

            (6)    The current costs incurred to the state related to autism, including treatment and associated educational costs; and

            (7)    Other issues as appropriate.

    The departments shall submit a report with findings and any recommendations to the Governor and the Legislature no later than November 15, 2014.

    Section 2. The Department of Human Services and the Department of Labor and Regulation may contract with a consultant for the study required in section 1 of this Act. The consultant shall have demonstrated expertise in autism spectrum disorder and in evaluating the issues relating to the insurance coverage for the treatment of autism spectrum disorder for children.

    Section 3. Any agency of the state or any organization that has a contract with the state shall cooperate with the Department of Human Services and the Department of Labor and Regulation or its consultant for the purpose of providing facts, figures, data, projections and other information needed to complete the study."


And that the title to SB 108 be amended as follows:

108ota


    On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "require a study of services and insurance coverage for the treatment of autism spectrum disorder for children.".

    On page 1, delete lines 2 and 3.

Respectfully submitted,                Respectfully submitted,
Brock Greenfield                    Timothy Rave
House Committee Chair                Senate Committee Chair

Cc1206

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1206 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Engrossed version.

Respectfully submitted,                Respectfully submitted,
Fred Romkema                    Larry Tidemann
House Committee Chair                Senate Committee Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Russell moved that the report of the Conference Committee on HCR 1028 as found on page 739 of the House Journal be adopted.

    The question being on Rep. Russell's motion that the report of the Conference Committee on HCR 1028 be adopted.

    And the roll being called:

    Yeas 60, Nays 2, Excused 8, Absent 0


    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Novstrup (David); Olson (Betty); Otten (Herman); Peterson; Qualm; Rasmussen; Ring; Rounds; Russell; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Latterell; Nelson

    Excused:
Carson; Haggar (Don); Mickelson; Munsterman; Parsley; Romkema; Rozum; Schaefer

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

    Rep. Greenfield moved that the report of the Conference Committee on SB 108 as found on page 756 of the House Journal be adopted.

    The question being on Rep. Greenfield's motion that the report of the Conference Committee on SB 108 be adopted.

    And the roll being called:

    Yeas 63, Nays 0, Excused 7, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Excused:
Carson; Haggar (Don); Killer; Mickelson; Munsterman; Romkema; Schaefer

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.


    Rep. Mickelson moved that the report of the Conference Committee on HB 1206 as found on page 757 of the House Journal be adopted.

    The question being on Rep. Mickelson's motion that the report of the Conference Committee on HB 1206 be adopted.

    And the roll being called:

    Yeas 63, Nays 1, Excused 6, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Nelson

    Excused:
Carson; Haggar (Don); Killer; Munsterman; Romkema; Schaefer

    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 report was adopted.

    Rep. Mickelson moved that the report of the Conference Committee on SB 177 as found on page 755 of the House Journal be adopted.

    The question being on Rep. Mickelson's motion that the report of the Conference Committee on SB 177 be adopted.

    And the roll being called:

    Yeas 63, Nays 1, Excused 6, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch


    Nays:
Nelson

    Excused:
Carson; Haggar (Don); Killer; Munsterman; Romkema; Schaefer

    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 report was adopted.

    There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

Cc65

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 65 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 65 be amended as follows:

65oa


    On page 9 of the House engrossed bill, delete lines 21 to 24, inclusive, and insert:

"    Section 21. That § 31-12A-36 be amended to read as follows:

    31-12A-36. An additionalA contiguous area may be annexed or an area withdrawn from a road district by:

            (1)    Circulation of an initiating petition therefor by the qualified for annexation signed by twenty-five percent of the eligible voters in the new area to be annexed and twenty-five percent of the eligible voters in the existing district, similar to an initiating petition specified in this chapter; or

            (2)    Circulation of an initiating petition for withdrawal signed by qualified twenty-five percent of the eligible voters in the affected area to be withdrawn and passage of a resolution therefor by the directors of the road district.

    Upon receipt of an initiating petition and passage of a resolution by the directors, the area shall be annexed or withdrawn in the same manner as prescribed for creation of a new road project district if a majority of the eligible voters in the area to be annexed and a majority of the eligible voters in the existing area vote in favor of the annexation in the same manner as prescribed for creation of a new road district or the area shall be withdrawn if a majority of the

eligible voters in the withdrawing area vote in favor of withdrawal in the same manner as prescribed for creation of a new road district. ".


    On page 10, delete lines 1 to 8, inclusive.

Respectfully submitted,                Respectfully submitted,
Brian Gosch                        Mark Kirkeby
House Committee Chair                Senate Committee Chair

ANNOUNCEMENTS

    The Speaker appointed Reps. Lust, Latterell, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 1.

    Rep. Wink moved that the House do now recess until 1:00 p.m., which motion prevailed and at 10:49 a.m., the House recessed.

RECESS

    The House reconvened at 1:00 p.m., the Speaker presiding.

REPORTS OF CONFERENCE COMMITTEES
(continued)

Cc1111

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1111 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House version.

Respectfully submitted,                Respectfully submitted,
Lance Carson                        Larry Tidemann
House Committee Chair                Senate Committee Chair



Cc1142

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1142 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1142 be amended as follows:

1142fa


    On page 3, line 8, of the Senate engrossed bill, delete everything after "fund." .

    On page 3, delete lines 9 to 12, inclusive.

    On page 3, line 13, delete "The" and insert "One million five hundred thousand dollars ($1,500,000) from the current balance of the".

    On page 3, line 13, delete everything after "be" .

    On page 3, line 14, delete "balance".

And that the title to HB 1142 be amended as follows:

1142fta

    On page 1, line 2, of the Senate engrossed bill, after "institutes," insert "to transfer certain funds,".

Respectfully submitted,                Respectfully submitted,
G. Mark Mickelson                    Jim White
House Committee Chair                Senate Committee Chair

Cc1213

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1213 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1213 be amended as follows:

1213te

    On page 2 of the Senate engrossed bill, delete line 24, and insert:

"    Section 4. The task force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee. The

Legislative Research Council may receive additional funds from any legal source to carry out the purposes of this Act. The Executive Board shall designate the chair and vice chair of the task force.".


    On page 3, delete lines 1 and 2.

    On page 3, delete lines 12 and 13, and insert "to the Executive Board of the Legislative Research Council not later than December 1, 2014, and a final report, recommendations, and potential draft legislation to the Executive Board of the Legislative research Council no later".

Respectfully submitted,                Respectfully submitted,
Scott Munsterman                    Ryan Maher
House Committee Chair                Senate Committee Chair

Cc1177B

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1177 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1177 be amended as follows:

1177je


    On page 2, line 2, of the Senate engrossed bill, delete "primary" and insert "secondary".

1177jh

    On page 2 of the Senate engrossed bill, delete lines 22 to 24, inclusive.

    On page 3, delete lines 1 to 4, inclusive.

1177jg


    On page 2, line 3, of the Senate engrossed bill, delete "Class 2 misdemeanor" and insert "petty offense with a fine of one hundred dollars".

1177jf


    On page 3, after line 10 of the Senate engrossed bill, insert:

"    Section 6. That § 23-1A-22 be amended to read as follows:

    23-1A-22. If the plaintiff prevails in a petty offense case, the plaintiff shall be granted a judgment of twenty-five dollars. If the plaintiff prevails in a petty offense case under section 1

of this Act, the plaintiff shall be granted a judgment of one hundred dollars. However, the trial court may reduce or eliminate the award in the interest of justice. No award may be granted a defendant in a petty offense case. If a deposit is required by this chapter, it shall be the amount set by this section. ".


And that the title to HB 1177 be amended as follows:

1177jtc


    On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" .

    On page 1, delete lines 2 to 4, inclusive, and insert "prohibit certain use of handheld electronic wireless communication devices while driving and to provide a penalty therefor.".

Respectfully submitted,                Respectfully submitted,
Charles Hoffman                    Blake Curd
House Committee Chair                Senate Committee Chair

Cc158

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 158 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 158 be amended as follows:

158fe


    On page 2 of the House State Affairs Committee engrossed bill, delete line 24, and insert:

"    (1)    If the combined cash balance is less than ten percent of the general fund appropriations from the general appropriations act for the prior year, an amount of unobligated cash shall be transferred to the budget reserve fund, so that the combined cash balance equals ten percent of the general appropriations from the general appropriations act for the prior year;

            (2)    If the combined cash balance is equal to or greater than ten percent of the general fund appropriations from the general appropriations act for the prior year, or there is additional unobligated cash after the provisions in subdivision (1) are satisfied, an amount of unobligated cash shall be transferred to the building South Dakota fund, so that the collective BSDF cash balance does not exceed one percent of the general fund appropriations in the general appropriations act for the previous fiscal year; and

            (3)    If the collective BSDF cash balance exceeds one percent of the general fund appropriations in the general appropriations act for the previous year, or if there is additional unobligated cash remaining after the transfers in subdivisions (1) and (2),

the remaining unobligated cash shall be transferred to the budget reserve fund and property tax reduction fund pursuant to the provisions of §§ 4-7-32 and 4-7-39.

    Section 3. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

    If the collective BSDF cash balance is less than one half percent of the general fund appropriations in the general appropriations act for the previous fiscal year, the commissioner shall transfer an amount of money from the property tax reduction fund to the building South Dakota fund so that the total of the amount deposited pursuant to this section and section 2 of this Act does not exceed one half percent of the general fund appropriations in the general appropriations act for the previous fiscal year. However, the combined cash balance may not be reduced to less than ten percent of the general fund appropriations from the general appropriations act for the prior year by any transfer made to the building South Dakota fund pursuant to this section.

    Section 4. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in sections 2 and 3 of this Act mean:

            (1)    "Collective BSDF cash balance," the total cash balance of the:

            (a)    Building South Dakota fund;

            (b)    Local infrastructure improvement grant fund;

            (c)    Economic development partnership fund;

            (d)    Workforce education fund;

            (e)    South Dakota housing opportunity fund; and

            (f)    Funds disbursed pursuant to the provisions of subdivision (5) of § 1-16G-48;

            (2)    "Combined cash balance," the total cash balance of the:

            (a)    Budget reserve fund at the end of the prior fiscal year; and

            (b)    Property tax reduction fund at the end of the prior fiscal year.".

    On page 3, delete lines 1 to 24, inclusive.

    On page 4, delete lines 1 to 11, inclusive.

Respectfully submitted,                Respectfully submitted,
David Lust                        Timothy Rave
House Committee Chair                Senate Committee Chair

    Speaker Pro tempore Wink now presiding.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Gosch moved that the report of the Conference Committee on SB 65 as found on page 760 of the House Journal be adopted.

    The question being on Rep. Gosch's motion that the report of the Conference Committee on SB 65 be adopted.

    And the roll being called:

    Yeas 65, Nays 5, Excused 0, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Peterson; Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Feinstein; Hawks; Killer; Parsley; Ring

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

    Speaker Gosch now presiding.

    Rep. Carson moved that the report of the Conference Committee on HB 1111 as found on page 761 of the House Journal be adopted.

    The question being on Rep. Carson's motion that the report of the Conference Committee on HB 1111 be adopted.

    And the roll being called:

    Yeas 70, Nays 0, Excused 0, Absent 0


    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    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 report was adopted.

    Rep. Mickelson moved that the report of the Conference Committee on HB 1142 as found on page762 of the House Journal be adopted.

    The question being on Rep. Mickelson's motion that the report of the Conference Committee on HB 1142 be adopted.

    And the roll being called:

    Yeas 68, Nays 2, Excused 0, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Kaiser; Russell

    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 report was adopted.

    Rep. Don Haggar moved that the report of the Conference Committee on HB 1213 as found on page 762 of the House Journal be adopted.

    The question being on Rep. Don Haggar's motion that the report of the Conference Committee on HB 1213 be adopted.

    And the roll being called:



    Yeas 70, Nays 0, Excused 0, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

    Speaker Pro tempore Wink now presiding.

    Rep. Gosch moved that the report of the Conference Committee on HB 1177 as found on page 763 of the House Journal be adopted.

    Rep. Lust called the previous question.

    Motion prevailed.

    The question being on Rep. Gosch's motion that the report of the Conference Committee on HB 1177 be adopted.

    And the roll being called:

    Yeas 52, Nays 18, Excused 0, Absent 0

    Yeas:
Anderson; Bartling; Cammack; Carson; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Steele; Stevens; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

    Nays:
Bolin; Campbell; Conzet; Greenfield; Haggar (Jenna); Kaiser; Kopp; Langer; Latterell; May; Nelson; Olson (Betty); Otten (Herman); Russell; Solum; Stalzer; Tulson; Verchio


    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

    Speaker Gosch now presiding.

    Rep. Lust moved that the report of the Conference Committee on SB 158 as found on page 764 of the House Journal be adopted.

    Rep. Hunhoff moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 158 as found on page 764 of the House Journal and that a new committee on the part of the House be appointed.

    Rep. Cronin moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

    The question being on Rep. Hunhoff's substitute motion that the report of the Conference Committee on SB 158 not be adopted.

    And the roll being called:

    Yeas 18, Nays 52, Excused 0, Absent 0

    Yeas:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; Nelson; Parsley; Peterson; Ring; Schrempp; Soli; Tyler; Wismer

    Nays:
Anderson; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Hickey; Hoffman; Johns; Kaiser; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

    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. Lust's motion that the report of the Conference Committee on SB 158 be adopted.

    And the roll being called:

    Yeas 52, Nays 18, Excused 0, Absent 0

    Yeas:
Anderson; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Hickey; Hoffman; Johns; Kaiser; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

    Nays:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; Parsley; Peterson; Ring; Russell; Schrempp; Soli; Tyler; Wismer

    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 report was adopted.


    There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 13, 2014

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 13, 2014, I approved House Bill 1054, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor


REPORTS OF CONFERENCE COMMITTEES

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MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 1 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 1 be amended as follows:

1fe


    On page 1, between lines 12 and 13 of the House State Affairs Committee engrossed bill, insert:

"    Section 2. That chapter 2-9 be amended by adding thereto a NEW SECTION to read as follows:

    The term of each Executive Board is from sine die in the odd-numbered year until sine die in the next succeeding odd-numbered year. During the entire period of each Executive Board's term, it is the governance body of the Legislative Research Council and shall direct and supervise its staff and activities.".

    On page 2, line 18, delete "of section 2".

    
1yc

    On page 1, line 8, of the House State Affairs Committee engrossed bill, delete "even-numbered" and insert "odd-numbered".

    On page 1, line 11, delete "odd-numbered" and insert "even-numbered".

1rb


    On page 2, after line 18 of the House State Affairs Committee engrossed bill, insert:

"    Section 4. That chapter 2-9 be amended by adding thereto a NEW SECTION to read as follows:

    The party makeup of the Executive Board members of the House of Representatives, including the ex officio members, shall be proportional to the party makeup of the House of Representatives as a whole. The party makeup of the Executive Board members of the Senate, including the ex officio members, shall be proportional to the party makeup of the Senate as a whole.".


And that the title to SB 1 be amended as follows:

1ftc


    On page 1, line 3, of the House State Affairs Committee engrossed bill, before "and" insert "to provide for the year-round governance of the Legislative Research Council by the Executive Board,".

Respectfully submitted,                Respectfully submitted,
David Lust                        Craig Tieszen
House Committee Chair                Senate Committee Chair

MOTIONS AND RESOLUTIONS

    Rep. Lust moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 14, 2014, the 37th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Lust moved that the report of the Conference Committee on SB 1 as found on page 771 of the House Journal be adopted.

    The question being on Rep. Lust's motion that the report of the Conference Committee on SB 1 be adopted.

    And the roll being called:

    Yeas 53, Nays 17, Excused 0, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Cammack; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Langer; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Romkema; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Wismer

    Nays:
Campbell; Craig; Greenfield; Haggar (Jenna); Kaiser; Kirschman; Kopp; Latterell; May; Nelson; Ring; Rounds; Russell; Stalzer; Steele; Tyler; Speaker Gosch


    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

    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 1046, 1063, 1071, 1087, 1100, 1113, 1161, and 1166 were delivered to his Excellency, the Governor, for his approval at 8:50 a.m., March 13, 2014.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1019, 1025, 1038, 1039, 1045, 1069, 1127, 1129, 1143, 1148, and 1162 were delivered to his Excellency, the Governor, for his approval at 11:15 a.m., March 13, 2014.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1040, 1041, 1112, 1122, 1164, 1175, 1194, 1203, and 1249 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1040: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2014.

    HB 1041: FOR AN ACT ENTITLED, An Act to make an appropriation for the railroad trust fund and to declare an emergency.

    HB 1112: FOR AN ACT ENTITLED, An Act to appropriate general funds and higher education facility funds to replace a portion of the other funds appropriated for the construction

of swine teaching and research facilities at South Dakota State University and to declare an emergency.

    HB 1122: FOR AN ACT ENTITLED, An Act to define the limitations of interstate compacts relating to the collection of civil fines.

    HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school board opening day decision petitions.

    HB 1175: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expand university facilities at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

    HB 1194: FOR AN ACT ENTITLED, An Act to establish certain requirements relating to the crossings of railroad rights-of-way by utilities.

    HB 1203: FOR AN ACT ENTITLED, An Act to improve the financial practices of the State of South Dakota.

    HB 1249: FOR AN ACT ENTITLED, An Act to revise the required hours in a school term for certain grade levels.

    SB 2: FOR AN ACT ENTITLED, An Act to provide for the delayed arrest, under certain circumstances, in regard to certain outstanding warrants for victims of domestic abuse with minor children.

    SB 15: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to finance, design, construct, furnish, and equip a football stadium facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

    SB 18: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a greenhouse on the campus of Northern State University and to make an appropriation therefor.

    SB 20: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish buildings on the campus of South Dakota State University and to make an appropriation therefor.

    SB 23: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to deceptive trade practices, including unordered property or services, lodging reservation and cancellation, violation penalties, attorney's fees, entry rights for landlords and tenants, debit card theft, and organized retail crime.

    SB 25: FOR AN ACT ENTITLED, An Act to establish the procedure to forfeit personal property in child pornography, human trafficking, child solicitation or exploitation cases, and to direct money from the forfeitures.


    SB 28: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to mountain pine beetle suppression and to declare an emergency.

    SB 37: FOR AN ACT ENTITLED, An Act to revise the state aid to general education formula.

    SB 38: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

    SB 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding animal welfare and to provide a felony penalty for cruelty to animals.

    SB 53: FOR AN ACT ENTITLED, An Act to make appropriations to fund certain programs and projects that provide economic benefits to South Dakotans and to declare an emergency.

    SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the High School Activities Association.

    SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding self-funded multiple employer trusts.

    SB 113: FOR AN ACT ENTITLED, An Act to revise the minimum suspension requirements for students participating in extracurricular activities.

    SB 143: FOR AN ACT ENTITLED, An Act to provide for a civil remedy for a bad faith assertion of patent infringement.

    SB 157: FOR AN ACT ENTITLED, An Act to make an appropriation to the building South Dakota fund and to declare an emergency.

    SB 168: FOR AN ACT ENTITLED, An Act to authorize criminal background checks for certain officers and employees of the Governor's Office of Economic Development.

    SB 172: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to services performed by dental hygienists.

    SB 176: FOR AN ACT ENTITLED, An Act to revise the ability of the secretary of the Department of Revenue to reduce or abate taxes.

    And signed the same in the presence of the House.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at 2:43 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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