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JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION




THIRTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 14, 2014

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

    The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House pages Gregory Hauck and Camille Sippel.

    Roll Call: All members present.

    Speaker Pro tempore Wink now presiding.

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-sixth 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.
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1111, 1142, 1177, 1213, and 1206.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 1, 65, 108, 158, and 177.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of arranging legislative days for the Ninetieth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Ninetieth Legislative Session.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 5 Introduced by: Representatives Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann, 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.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-ninth Legislature of the State of South Dakota to Heidi Becker, Taylor

Bergeson, Foster Berry, Ajok Deng, Gregory Hauer, Joshua Holsing, Tanner Iwerks, Heidi Ringling, Bryce Roberts, Camille Sippel, Ashley Sorensen, Dustin Wahl, Mason Wenzel.

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

    WHEREAS, the members of the Eighty-ninth 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 Eighty-ninth 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. Steele moved that House Page Resolution 5 be adopted.

    Which motion prevailed and the resolution was adopted.

    Rep. Cronin moved 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 pertaining to fixing the time of adjournment sine die for the Eighty-ninth Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, Lust, and Bernie Hunhoff.

    Rep. Cronin moved 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

    Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, Lust, and Bernie Hunhoff.

    Rep. Cronin moved that the House do now recess until 4:00 p.m., which motion prevailed and at 10:29 a.m., the House recessed.

RECESS

    The House reconvened at 4:00 p.m., Rep. David Novstrup presiding.



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

COMMUNICATIONS AND PETITIONS

March 14, 2014

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 14, 2014, I approved House Bills 1013, 1022, 1034, 1038, 1071, 1106, 1120, 1132, 1133, 1134, 1150, 1159, 1161, 1180, 1184, 1185, 1192, 1201, 1212, and 1229, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1040, 1041, 1112, 1122, 1164, 1175, 1194, 1203, and 1249 were delivered to his Excellency, the Governor, for his approval at 3:55 p.m., March 14, 2014.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1111, 1142, 1177, 1206, and 1213 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

    Speaker Gosch now presiding.


SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1111: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the design, construction, and equipping of a veterans home near Hot Springs, to make an appropriation therefor, and to declare an emergency.

    HB 1142: FOR AN ACT ENTITLED, An Act to enhance the support for public postsecondary technical institutes, to transfer certain funds, to make an appropriation therefor, and to declare an emergency.

    HB 1177: FOR AN ACT ENTITLED, An Act to prohibit certain use of handheld electronic wireless communication devices while driving and to provide a penalty therefor.

    HB 1206: FOR AN ACT ENTITLED, An Act to authorize the payment of lease rental obligations to the South Dakota Building Authority by the Bureau of Finance and Management, to make an appropriation therefore, and to declare an emergency.

    HB 1213: FOR AN ACT ENTITLED, An Act to analyze and promote economic development for South Dakota's Native American population and to establish a task force.

    SB 1: FOR AN ACT ENTITLED, An Act to provide for the selection of the chair and vice chair of the Executive Board of the Legislative Research Council, to revise the membership of the Executive Board, to provide for the term of each constituted Executive Board, to provide for the year-round governance of the Legislative Research Council by the Executive Board, and to provide for continuity of board membership.

    SB 65: FOR AN ACT ENTITLED, An Act to revise and clarify voter eligibility for road district elections.

    SB 108: FOR AN ACT ENTITLED, An Act to require a study of services and insurance coverage for the treatment of autism spectrum disorder for children.

    SB 158: FOR AN ACT ENTITLED, An Act to revise certain funding provisions of the building South Dakota fund.

    SB 177: FOR AN ACT ENTITLED, An Act to make an appropriation to provide contingency funds to be made available for unanticipated costs related to medical services and to declare an emergency.

    And signed the same in the presence of the House.

    Rep. Lust moved that the House do now recess until 5:30 p.m., which motion prevailed and at 4:05 p.m., the House recessed.


RECESS

    The House reconvened at 5:30 p.m., the Speaker presiding.


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

MOTIONS AND RESOLUTIONS

    Rep. Lust moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 31, the 38th legislative day.

    Which motion prevailed.

    Rep. Lust moved that the House do now recess until 6:30 p.m., which motion prevailed and at 5:45 p.m., the House recessed.

RECESS

    The House reconvened at 6:30 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Lederman, Peters, 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 pertaining to fixing the time of adjournment sine die for the Eighty-ninth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Brown, Rave, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform

him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 188 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Lust moved that the rules be suspended for the sole purpose of giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill relating to the per student allocation for fiscal year 2015.

    The question being on Rep. Lust's motion that the rules be suspended for the sole purpose of giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill relating to the per student allocation for fiscal year 2015.

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; 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; Wismer; Speaker Gosch

    Excused:
Craig; Wink

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 188: FOR AN ACT ENTITLED, An Act to set the per student allocation for fiscal year 2015.

    Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 188: FOR AN ACT ENTITLED, An Act to set the per student allocation for fiscal year 2015.

    Was read the second time.

    The question being "Shall SB 188 pass?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, 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; Wismer; Speaker Gosch

    Excused:
Wink

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

    There being no objection, the House reverted to Order of Business No. 7.


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 187 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 187: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 187: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the second time.

187hy

    Rep. Wismer moved that SB 187 be amended as follows:

    On page 12, line 10 of the Senate Appropriations Committee engrossed bill, INCREASE Personal Services FEDERAL FUNDS $1,062,299

    On page 12, line 11, INCREASE Operating Expenses FEDERAL FUNDS $217,567

    On page 12, line 14, INCREASE FTEs 39.0

    On page 12, line 18, INCREASE Operating Expenses FEDERAL FUNDS $272,083,699

Adjust all totals accordingly.

DESCRIPTION: DSS - To expand South Dakota's Medicaid program in accordance with the Affordable Care Act. (Rep. Wismer)

    Rep. Cronin moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

    The question being on Rep. Wismer's motion that SB 187 be amended.

    And the roll being called:

    Yeas 18, Nays 51, Excused 1, Absent 0

    Yeas:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; Parsley; Peterson; Ring; Schoenfish; 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; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Speaker Gosch

    Excused:
Wink

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


    Rep. Cronin moved the previous question.

    Which motion prevailed.

    The question being "Shall SB 187 pass as amended?"

    And the roll being called:

    Yeas 59, Nays 10, Excused 1, Absent 0


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

    Nays:
Campbell; Feinstein; Kaiser; Killer; May; Nelson; Ring; Russell; Schrempp; Soli

    Excused:
Wink

    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.

    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 1111, 1142, 1177, 1206, and 1213 were delivered to his Excellency, the Governor, for his approval at 7:10 p.m., March 14, 2014.

Respectfully submitted,
Brian G. Gosch, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    SB 187: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    SB 188: FOR AN ACT ENTITLED, An Act to set the per student allocation for fiscal year 2015.

    And signed the same in the presence of the House.



    Rep. Steele moved that the House do now adjourn, which motion prevailed and at 7:58 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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