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House of Representatives Journal 2/18/2015 02:00 PM

JOURNAL OF THE HOUSE

NINETIETH SESSION




TWENTY-THIRD DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 18, 2015

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 399 of the House Journal, the Senate and the House of Representatives met in informal joint session at 2:00 p.m. in the House Chamber for the purpose of receiving a message from the Canadian Consul General, Jamshed Merchant.
        
    At the conclusion of the message, Lt. Governor Michels moved that the Joint Session do now dissolve.

    Which motion prevailed.



    The House convened at 2:30 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor Harry Koops, followed by the Pledge of Allegiance led by House pages Marissa Leber, Johanna Lippert, and Jackson Peterson.

    Roll Call: All members present except Rep. Schaefer who was 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,
Dean Wink, Chair

    Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 18, 2015

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 18, 2015, I approved House Bills 1071 and 1104, 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 Education respectfully reports that it has had under consideration HB 1223 which was tabled.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1123 and 1162 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1107 and 1231 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1168 and returns the same with the recommendation that said bill be amended as follows:

1168sa

    On page 1 of the printed bill, delete line 5, and insert "Notwithstanding the provisions of § 35-4-11.1, a first class municipality may issue a hotel facility on-sale license to any hotel licensed under § 34-18-9 that has at least eighty rooms that are rented to transient guests for sleeping accommodations. The initial fee for the license is ten thousand dollars and the annual renewal fee is one thousand dollars. A hotel facility on-sale license may not be transferred to a different location.".

1168sta

    On page 1, line 1, of the printed bill, after "licensing" insert "relating to hotel facility on-sale licenses".

    And that as so amended said bill do pass.
    (Journal correction: See page 463 of the House Journal.)

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1133 and 1181 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1064 and returns the same with the recommendation that said bill be amended as follows:


1064sc

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

"    Section 1. A state officer or employee may not solicit nor accept any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of or the terms of a contract by the state agency the officer or employee serves.

    Section 2. That § 5-18A-17 be amended to read as follows:

    5-18A-17. No state officer or employee who approves, awards, or administers a contract involving the expenditure of public funds or the sale or lease of property on behalf of a state agency, may have an interest in a contract or derive a direct benefit from a contract that is within the scope of the officer's or employee's official duties, nor for a one-year period following the end of their employment or position as a state officer may the officer or employee derive a direct benefit as a result of such contract except as provided in section 4 of this Act. In addition, no such officer or employee may enter into any contract other than a contract of employment with any state agency for a period of one year following their leaving office or employment except as provided in section 5 of this Act. This prohibition includes any state officer or employee who, in his or her official capacity, recommends the approval or award of the contract or who supervises a person who approves, awards, or administers the contract. This prohibition does not include any state officer who serves without compensation or who may be paid per diem pursuant to § 4-7-10.4. Any contract made in violation of this section is void. Any state officer or employee who knowingly violates this section is guilty of a Class 2 misdemeanor.

    Section 3. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    A state officer or employee derives a direct benefit from a contract if the state officer or employee, the officer's or employee's spouse, or other persons with whom the state officer or employee lives and commingles assets:

            (1)    Has more than a five percent ownership or other interest in an entity that is a party to the contract;

            (2)    Derives income, compensation, or commission directly from the contract or from the entity that is a party to the contract;

            (3)    Acquires property under the contract; or

            (4)    Serves on the board of directors of a for-profit entity that derives income or commission directly from the contract or acquires property under the contract.

    A state officer or employee does not derive a direct benefit from a contract based solely on the value associated with the officer's or employee's investments or holdings, or the investments or holdings of other persons with whom the state officer or employee lives and commingles assets.

    Section 4. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    A governing body may authorize an officer or employee whose responsibilities include approving, awarding, or administering a contract on behalf of a state agency or supervising any employee who has these responsibilities to be a party to or derive a direct benefit from a contract if:

            (1)    The officer or employee has provided full written disclosure to the governing body;

            (2)    The governing body has reviewed the essential terms of the transaction or contract and the state officer's or employee's role in the contract or transaction; and

            (3)    The transaction and the terms of the contract are fair, reasonable, and not contrary to the public interest.

    The authorization shall be in writing. Any authorization given pursuant to this section is a public record. Each authorization shall be filed with the commissioner of the Bureau of Human Resources, who shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee.

    Section 5. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    Within the one-year period prohibiting any contract with a state agency, the governing body of the state agency may approve a former officer or employee to contract with any state agency if the governing body determines that the transaction and the terms of the contract are fair, reasonable, and are in the best interests of the public. The authorization shall be in writing.

    Any approval given pursuant to this section is a public record. Each approval shall be filed with the commissioner of the Bureau of Human Resources, who shall compile the approvals and present them annually for review by the Government Operations and Audit Committee.

    Section 6. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    A state officer or employee who knowingly violates the provisions of section 1 or section 2 of this Act commits malfeasance in office. The state officer or employee shall be removed from office or employment and such person is guilty of a Class 1 misdemeanor. Any benefit to a person or entity derived from the person's knowing violation of section 1 or section 2 of this Act is subject to forfeiture. Any contract made in violation of section 1 or section 2 of this Act is voidable by the governing body.

    Section 7. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in this Act affects a specific conflict of interest prohibition that applies to specific employees.

    Section 8. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    The terms used in this Act mean:

            (1)    "State agency," each board, commission, committee, council, department, division, office, task force, or agency of state government. The term, state agency, does not include any authority created by the Legislature or executive order;

            (2)    "State officer," a person who is elected or appointed to serve a state agency. The term does not include a member of the Legislature, a person who serves without compensation, or a person who is only paid per diem in accordance with § 4 7 10.4;

            (3)    "Governing body," the Executive Board of the Legislative Research Council, the Supreme Court, the Board of Regents, the Public Utilities Commission, each constitutional officer, the Board of Trustees of the South Dakota Retirement System, the State Investment Council, or the Governor;

            (4)    "Administer a contract," decision making or substantive influence on the decision making concerning the manner, method, or means of a contract's performance or enforcement such as the ability to terminate, suspend, change terms, or evaluate the counter-party's performance under the contract. The term does not include review and approval of contract documents for matters of style and form or conformity with authorizing legislation or rule, mere clerical tasks such as posting, making, or reconciling payments or accounts under the contract, collecting or reporting fiscal data or other information in relation to the contract's performance, or relaying substantive decisions made by another person or body as to the manner, method, or means of a contract's performance or enforcement."

    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 1205 and returns the same with the recommendation that said bill be amended as follows:

1205sc

    On page 3, line 14, of the printed bill, delete everything after "costs" and insert ".".

1205sa

    On page 2, line 8, of the printed bill, after "firearm" insert "or that no substantial evidence supports the law enforcement officer's determination to deny the certification".

    On page 2, line 10, after "determination" insert "if requested".
    On page 3, line 13, delete "shall" and insert "may".

    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 1225 and returns the same with the recommendation that said bill be amended as follows:

1225ra

    On page 1, line 9, of the printed bill, after "person" insert "who is a citizen of this state, or who died domiciled in this state".

    On page 1, line 10, after "mannerism" insert "identifies a specific person and".

    On page 1, line 12, after "purpose" insert "that serves to identify a specific person".

    On page 2, line 2, delete "one hundred" and insert "seventy".

    On page 2, line 4, after "kin" insert "or other person or entity that owns the right of publicity".

    On page 2, line 8, after "personality" insert "and the personality has not assigned his or her rights".

    On page 2, line 9, after "kin" insert "or other owner of the right of publicity".

    On page 2, line 16, delete everything after "(3)" and insert "In determining a defendant's profits, the plaintiff is required to prove the gross revenue attributable to the unauthorized use, and the defendant is required to prove properly deductible expenses; and".

    On page 2, delete line 17.

    On page 2, line 19, after "treble" insert ", but not computed on the defendant's profits,".

    On page 2, line 19, after "damages" insert ", as the plaintiff elects".

    On page 2, line 22, after "composition," insert "audio visual work,".

    On page 3, line 5, delete "and".

    On page 3, line 6, after "section" insert "; and

            (6)    Any use of a right of publicity before December 31, 2014".

    On page 3, line 13, after "interest" insert "including unauthorized biographies".

    On page 3, after line 17, insert:

"    Section 10. A successor in interest to the right of publicity of a deceased personality pursuant to this Act or a licensee thereof may not recover damages or equitable relief for a use prohibited pursuant to this Act that occurs before the successor in interest registers a claim of right of publicity pursuant to section 11 of this Act.

    Section 11. Any person claiming to be a successor in interest to the right of publicity of a deceased personality pursuant to this Act or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a one hundred dollar filing fee to the secretary of state. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed.

    Upon receipt and after filing of any document pursuant to this section, the secretary of state shall post the document along with the entire registry of persons claiming to be a successor in interest to the right of publicity of a deceased personality or a registered licensee pursuant to this section on the secretary of state's website.

    The secretary of state may microfilm or reproduce by other technique, any filing or document filed pursuant to this section and may then destroy the original filing or document. The secretary of state may destroy the microfilm or other reproduction of the filing or document seventy years after the death of the personality named therein.

    A claim registered pursuant to this section is a public record.

    Section 12. The provisions of this Act constitute the sole and exclusive bases regarding a misappropriation of name, image, or likeness of a personality and the personality's right of publicity, and any remedy for a violation of such rights. ".


    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 1023 which was tabled.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1163 which was deferred to the 41st Legislative Day.

Respectfully submitted,
G. Mark Mickelson, Chair


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1037, 1038, 1044, 1052, 1068, 1069, 1084, 1088, 1111, and 1132 and HJR 1001 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 90, 124, 128, 136, 173, 178, 179, and 182 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    SCR 5: A CONCURRENT RESOLUTION, Supporting a stronger South Dakota-China relationship.

    Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on HB 1230 as found on page 406 of the House Journal be adopted.

    Which motion prevailed.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    The Speaker declared that HB 1212 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 90: FOR AN ACT ENTITLED, An Act to require school districts to provide veterans a preference in employment.

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

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

    Was read the first time and referred to the Committee on Local Government.

    SB 128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the general requirements that vehicle owners must satisfy before applying for military plates.

    Was read the first time and referred to the Committee on Commerce and Energy.

    SB 136: FOR AN ACT ENTITLED, An Act to exclude certain municipal taxes from the gross receipts used to determine the tax liability for customers served by electric cooperatives.

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

    SB 173: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, to increase the authority of the South Dakota Board of Water and Natural Resources to make consolidated water facilities construction program awards, and to declare an emergency.

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

    SB 178: FOR AN ACT ENTITLED, An Act to revise certain programs and authorize certain projects in the Unified Judicial System and to make an appropriation therefor.

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



    SB 179: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to record search fees in the Unified Judicial System.

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

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1165: FOR AN ACT ENTITLED, An Act to revise the composition requirement of the Historic Preservation Commission.

    Was read the second time.

    The question being "Shall HB 1165 pass?"

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    Excused:
Cronin; Dryden; Ring; Schaefer

    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 107: FOR AN ACT ENTITLED, An Act to increase the period an instructor permit is valid and to revise the requirements to upgrade to an operator's licence or a restricted minor's permit.

    Was read the second time.



    The question being "Shall SB 107 pass?"

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

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

    Excused:
Cronin; Dryden; Ring; Schaefer

    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 1235: FOR AN ACT ENTITLED, An Act to update the valuation manual related to the valuation of assets, liabilities, and reserves.

    Was read the second time.

1235sb

    Rep. Hunt moved that HB 1235 be amended as follows:

    On page 3, line 7, of the House Commerce and Energy Committee engrossed bill, delete "or as subsequently amended" and insert "and as approved by the director pursuant to rules promulgated pursuant to chapter 1-26".

    On page 4, line 7, after "The" insert "director may, by rules promulgated pursuant to chapter 1-26, adopt the manual of valuation instruction adopted by the NAIC after the NAIC notifies the director that the valuation manual is operative. After the director adopts the NAIC valuation manual of instruction, the".


    On page 18, delete lines 3 and 4, and insert:

"    The director may not adopt the NAIC valuation manual of instruction until all of the following have occurred:".


    On page 18, delete lines 19 and 20, and insert:

"    The director may approve a change to the valuation manual pursuant to rules promulgated pursuant to chapter 1-26 when the change to the".


    On page 19, delete line 6, and insert:

"    The director may adopt the NAIC valuation manual of instruction if the valuation manual specifies the following:".


    On page 24, line 2, delete "chapter 58-3" and insert "section 30 of this Act".

    Which motion prevailed.

    The question being "Shall HB 1235 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 1, Excused 3, Absent 0

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

    Nays:
Marty

    Excused:
Cronin; Dryden; Schaefer

    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.


    HB 1118: FOR AN ACT ENTITLED, An Act to provide for oversight of postsecondary technical institutes.

    Was read the second time.

    The question being "Shall HB 1118 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 1, Excused 3, Absent 0

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

    Nays:
Greenfield (Lana)

    Excused:
Cronin; Dryden; Schaefer

    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.

    HB 1215: FOR AN ACT ENTITLED, An Act to provide for an optional enhanced permit to carry a concealed pistol.

    Was read the second time.

1215ob

    Rep. Rozum moved that HB 1215 be amended as follows:

    On page 1, line 6, of the House State Affairs Committee engrossed bill, after "application" insert "to the sheriff of the county in which the applicant resides".

    On page 1, line 7, delete "to the sheriff of the county in which the applicant resides".

    Which motion prevailed.

    The question being "Shall HB 1215 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Dryden; Schaefer

    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.

    HB 1067: FOR AN ACT ENTITLED, An Act to establish maximum reproduction costs for medical records.

    Was read the second time.

1067re

    Rep. Werner moved that HB 1067 be amended as follows:

    On page 1, line 10, of the House Judiciary Committee engrossed bill, delete "ten dollars for the first ten" and insert "twenty dollars for the first twenty".

    On page 2, line 17, delete "ten" and insert "twenty".

    On page 2, line 18, delete "ten" and insert "twenty".

    The Speaker, being in doubt of the voice vote, called for a division of the House.

    The Speaker declared Rep. Werner's motion lost.


    The question being "Shall HB 1067 pass as amended?"

    And the roll being called:

    Yeas 27, Nays 41, Excused 2, Absent 0

    Yeas:
Bolin; Conzet; Deutsch; Gibson; Gosch; Greenfield (Lana); Haugaard; Hunt; Johns; Langer; Latterell; Marty; May; Munsterman; Novstrup (Al); Peterson (Kent); Qualm; Rasmussen; Russell; Schoenbeck; Stevens; Tulson; Verchio; Werner; Wollmann; Zikmund; Speaker Wink

    Nays:
Anderson; Bartling; Beal; Bordeaux; Brunner; Campbell; Craig; DiSanto; Dryden; Duvall; Feickert; Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Jensen (Alex); Kaiser; Killer; Kirschman; Klumb; McCleerey; Mickelson; Otten (Herman); Partridge; Ring; Romkema; Rounds; Rozum; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Westra; Wiik; Willadsen

    Excused:
Cronin; Schaefer

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

    HB 1082: FOR AN ACT ENTITLED, An Act to allow a law enforcement officer to issue a citation without a notary.

    Was read the second time.

    The question being "Shall HB 1082 pass as amended?"

    And the roll being called:

    Yeas 64, Nays 1, Excused 5, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Munsterman; Novstrup (Al); Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Partridge


    Excused:
Cronin; Haggar (Don); Jensen (Alex); Mickelson; Schaefer

    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.

    HB 1229: FOR AN ACT ENTITLED, An Act to revise provisions related to the release of medical waste.

    Was read the second time.

    Rep. Gosch moved that HB 1229 be placed to follow HB 1183 on today's calendar.

    Which motion prevailed.

    HB 1147: FOR AN ACT ENTITLED, An Act to increase the amounts of the annual awards given to recipients of the South Dakota opportunity scholarship.

    Was read the second time.

    The question being "Shall HB 1147 pass?"

    And the roll being called:

    Yeas 65, Nays 3, Excused 2, Absent 0

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

    Nays:
Haugaard; Kaiser; Verchio

    Excused:
Cronin; Schaefer

    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.



    HB 1186: FOR AN ACT ENTITLED, An Act to revise an appropriation made to the Science and Technology Authority.

    Was read the second time.

    Rep. Gosch moved that HB 1186 be deferred to Thursday, February 19, the 24th legislative day.

    Which motion prevailed.

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

    Was read the second time.

    The question being "Shall HJR 1005 pass?"

    And the roll being called:

    Yeas 64, Nays 5, Excused 1, Absent 0

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

    Nays:
Holmes; Marty; Otten (Herman); Verchio; Willadsen

    Excused:
Schaefer

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

    HB 1185: FOR AN ACT ENTITLED, An Act to make an appropriation for property and casualty loss coverage, to establish the property and casualty captive insurance company fund for state properties, and to declare an emergency.

    Was read the second time.


    Rep. Gosch moved that HB 1185 be deferred to Thursday, February 19, the 24th legislative day.

    Which motion prevailed.

    HB 1187: FOR AN ACT ENTITLED, An Act to make an appropriation for liability coverage for the South Dakota Building Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth Development Authority, and South Dakota Educational Enhancement Funding Corporation, to establish the liability captive insurance company fund, and to declare an emergency.

    Was read the second time.

    Rep. Gosch moved that HB 1187 be deferred to Thursday, February 19, the 24th legislative day.

    Which motion prevailed.

    HB 1217: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the James River Water Development District.

    Was read the second time.

    The question being "Shall HB 1217 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

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

    Excused:
Schaefer

    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.



    HB 1146: FOR AN ACT ENTITLED, An Act to limit who may request to see a person's hunting or fishing license.

    Was read the second time.

    The question being "Shall HB 1146 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

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

    Excused:
Schaefer

    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.

    HB 1177: FOR AN ACT ENTITLED, An Act to remove certain exceptions to campaign finance report filings.

    Was read the second time.

    The question being "Shall HB 1177 pass as amended?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

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



    Excused:
Schaefer

    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.

    HB 1219: FOR AN ACT ENTITLED, An Act to permit entities to voluntarily disclose ownership on filings with the Office of the Secretary of State.

    Was read the second time.

    The question being "Shall HB 1219 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 2, Excused 1, Absent 0

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

    Nays:
Campbell; Kaiser

    Excused:
Schaefer

    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.

    HB 1206: FOR AN ACT ENTITLED, An Act to authorize the concealed carry of pistols on public university campuses under certain circumstances.

    Was read the second time.

    Rep. Gosch moved that HB 1206 be deferred to Thursday, February 19, the 24th legislative day.

    Which motion prevailed.



    HB 1183: FOR AN ACT ENTITLED, An Act to repeal the prohibition against carrying permitted concealed weapons in the state capitol building.

    Was read the second time.

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    Rep. Conzet moved that HB 1183 be amended as follows:

    On page 2, line 3, of the printed bill, after both "office" insert ", committee room,".

    Which motion prevailed.

    The question being "Shall HB 1183 pass as amended?"

    And the roll being called:

    Yeas 24, Nays 45, Excused 1, Absent 0

    Yeas:
Beal; Brunner; Campbell; Craig; DiSanto; Gosch; Greenfield (Lana); Harrison; Heinemann (Leslie); Kaiser; Klumb; Langer; Latterell; Marty; May; Mickelson; Novstrup (Al); Otten (Herman); Qualm; Russell; Stalzer; Wiik; Willadsen; Speaker Wink

    Nays:
Anderson; Bartling; Bolin; Bordeaux; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson; Haggar (Don); Haugaard; Hawks; Hawley; Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; McCleerey; Munsterman; Partridge; Peterson (Kent); Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stevens; Tulson; Verchio; Werner; Westra; Wollmann; Zikmund

    Excused:
Schaefer

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

    HB 1229: FOR AN ACT ENTITLED, An Act to revise provisions related to the release of medical waste.

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

    The question being "Shall HB 1229 pass?"

    And the roll being called:



    Yeas 61, Nays 7, Excused 2, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Jensen (Alex); Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schoenbeck; Schoenfish; Schrempp; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Brunner; Gosch; Hunhoff (Jean); Hunt; Johns; Kaiser; Rozum

    Excused:
Schaefer; Sly

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Rep. Gosch moved that SB 43, 75, 76, 93, 45, 41, 94, and 118 be deferred to Thursday, February 19, the 24th 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 1006, 1033, 1034, 1039, 1040, and 1056 were delivered to his Excellency, the Governor, for his approval at 10:45 a.m., February 18, 2015.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1037, 1038, 1044, 1052, 1068, 1069, 1084, 1088, 1111, and 1132 and HJR 1001 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation of public utilities.

    HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the siting of energy facilities.

    HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding educational personnel certification and discipline.

    HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of insurance holding companies.

    HB 1068: FOR AN ACT ENTITLED, An Act to revise when a court can grant a cross credit on child support.

    HB 1069: FOR AN ACT ENTITLED, An Act to limit the authority of delegates to a limited Article V convention to vote for unauthorized amendments contrary to legislative instructions and to provide a civil fine for the violation thereof.

    HB 1084: FOR AN ACT ENTITLED, An Act to expand collateral eligible to be pledged as security for public deposits.

    HB 1088: FOR AN ACT ENTITLED, An Act to permit procurement of certain disability insurance from a non-admitted insurer.

    HB 1111: FOR AN ACT ENTITLED, An Act to increase the costs and expenses considered reasonable for the collection of certain dishonored checks.

    HB 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the titling of motor vehicles, boats, mobile homes, and manufactured homes and the issuance of temporary permits by licensed dealers.


    HJR 1001: A JOINT RESOLUTION, Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

    SB 18: FOR AN ACT ENTITLED, An Act to establish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.

    And signed the same in the presence of the House.

COMMEMORATIONS

    HC 1017 Introduced by: Representatives Gibson, Anderson, Bartling, Bordeaux, Feickert, Greenfield (Lana), Hawks, Hawley, Hickey, Hunhoff (Jean), Killer, Kirschman, McCleerey, Ring, Rozum, Schrempp, Soli, Stevens, and Werner and Senators Buhl O'Donnell, Bradford, Cammack, Frerichs, Haverly, Heinert, Holien, Hunhoff (Bernie), Monroe, Olson, Parsley, Peterson (Jim), and Sutton

        A LEGISLATIVE COMMEMORATION, Honoring Arlington Cardinal football players Brody Gilbertson, Kyle Stegeman, Parker Christesen, Alex Heuer, and Richard Jensen.

    WHEREAS, the Arlington Cardinal football players were selected by the South Dakota Football Coaches Association to the 2014 Academic All-State Team; and

    WHEREAS, to be eligible for the honor, a student must be a senior, played or managed three years of football, and earned a 3.5 GPA or above; and

    WHEREAS, the Arlington Cardinal football players demonstrated strong commitment to academics and participation in athletics:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature commends Brody Gilbertson, Kyle Stegeman, Parker Christesen, Alex Heuer, and Richard Jensen for their excellent athletic and academic performance.

    HC 1018 Introduced by: Representatives Gibson, Anderson, Bartling, Bordeaux, Feickert, Greenfield (Lana), Hawks, Hawley, Hickey, Hunhoff (Jean), Killer, Kirschman, McCleerey, Ring, Rozum, Schrempp, Soli, Stevens, and Werner and Senators Buhl O'Donnell, Bradford, Cammack, Frerichs, Haverly, Heinert, Holien, Hunhoff (Bernie), Monroe, Olson, Parsley, Peterson (Jim), and Sutton

        A LEGISLATIVE COMMEMORATION, Honoring the Arlington High School Oral lnterp Team on an outstanding season in 2014.

    WHEREAS, the Arlington Cardinals won the top superior awards at the state tournament; and

    WHEREAS, team members Kathy Jensen, Mercedes Johnson, Johannah Jensen, and Kenli
Carlson of the AHS State Oral Interp Team earned top superior medal awards together in the state competition; and

    WHEREAS, the team members won four of the five events that qualified at regions in November; and

    WHEREAS, Mercedes Johnson won a top superior medal in the humorous division; and

    WHEREAS, Kathy Jensen won a top superior medal in her poetry reading; and

    WHEREAS, Johannah Jensen won a top superior medal in the serious reading category; and

    WHEREAS, the dedication and hard work of all student team members, along with coaches Tammy Holzer and Becky Wendland, has advanced the AHS team to the state tournament eighteen years in a row since 1996; and

    WHEREAS, Arlington High School has won the top state award three years in a row with a total of eight state team awards since the year 2000:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Arlington High School Oral lnterp Team and coaches be commended on their excellent performance in the 2014 State Oral lnterp Competition.

    HC 1019 Introduced by: Representatives Gibson, Anderson, Bartling, Bordeaux, Feickert, Greenfield (Lana), Hawks, Hawley, Hickey, Hunhoff (Jean), Killer, Kirschman, McCleerey, Ring, Rozum, Schrempp, Soli, Stevens, and Werner and Senators Buhl O'Donnell, Bradford, Cammack, Frerichs, Haverly, Heinert, Holien, Hunhoff (Bernie), Monroe, Olson, Parsley, Peterson (Jim), and Sutton

        A LEGISLATIVE COMMEMORATION, Honoring Arlington Cardinal volleyball players, seniors Daylee Olson, Josie Parry, Kimberly VanBockern, Nikki Zobel, and Cuinsey Murphy, and junior Bailee Steffensen.

    WHEREAS, the Arlington Cardinals were well-represented on the All-DMV volleyball team, with Daylee Olson, Josie Parry, Kimberly VanBockern, and Nikki Zobel selected; and

    WHEREAS, Bailee Steffensen earned honorable mention; and

    WHEREAS, the Arlington Cardinals had five seniors on the Academic All-Star Team Daylee Olson, Josie Parry, Kimberly VanBockern, Nikki Zobel, and Cuinsey Murphy; and

    WHEREAS, the five seniors had GPAs of 3.5 or better:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature honors Daylee Olson, Josie Parry, Kimberly VanBockern, Nikki Zobel, Bailee Steffensen, and Cuinsey Murphy on their academic and athletic performance in the 2014 school year.

    HC 1020 Introduced by: Representatives Gibson, Anderson, Bartling, Bordeaux, Feickert, Greenfield (Lana), Hawks, Hawley, Hickey, Hunhoff (Jean), Killer, Kirschman, McCleerey, Ring, Rozum, Schrempp, Soli, Stevens, and Werner and Senators Buhl O'Donnell, Bradford, Cammack, Frerichs, Haverly, Heinert, Holien, Hunhoff (Bernie), Monroe, Olson, Parsley, Peterson (Jim), and Sutton

        A LEGISLATIVE COMMEMORATION, Honoring Huron High School Assistant Principal Mike Radke for being named the 2015 South Dakota Assistant Principal of the Year.

    WHEREAS, Mike Radke is a Huron High School graduate; and
    
    WHEREAS, has demonstrated a sincere interest in our students and superior skills in educational administration; and

    WHEREAS, Mike Radke is eligible to receive the national award presented by the National Association of Secondary School Principals:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature honors Mike Radke for his great achievement in being named the 2015 South Dakota Assistant Principal of the Year and for his years of service in education in South Dakota.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 5:07 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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