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House of Representatives Journal 3/1/2016 02:00 PM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION




THIRTIETH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 1, 2016

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

    The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of Allegiance led by House pages Madison Jones and Luke Mairose.

    Roll Call: All members present except Reps. Conzet and Kaiser who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-ninth 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.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration SB 133 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration SB 131 and returns the same with the recommendation that said bill be amended as follows:

131cj

    On page 5, line 6, of the Senate engrossed bill, delete "12.5" and insert "12".

    On page 5, line 9, delete ".00625" and insert ".00750".

    On page 5, line 10, delete "11.25" and insert "10.50".

    On page 5, line 12, after "15" insert ".

                The fall enrollment used for the determination of the target teacher ratio for a school district may not include any students residing in a residential treatment facility when the education program is operated by the school district".

    On page 6, line 9, after "percent" insert ".

                Beginning in school fiscal year 2018, the overhead rate shall be adjusted to take into account the sum of the amounts that districts exceed the other revenue base amount".

    On page 7, between lines 2 and 3, insert:

"

            (5A)    "Alternative per student need," is calculated as follows:

            (a)    Add the total need for each school district for school fiscal year 2016, including the small school adjustment and the limited English proficiency adjustment, to the lesser of the amount of funds apportioned to each school district in the year preceding the most recently completed school fiscal year or school fiscal year 2015 pursuant to §§ 13-13-4, 23A-27-25, 10-33-24, 10-36-10, 11-7-73, 10-35-21, and 10-43-77;

            (b)    Divide the result of (a) by the September 2015 fall enrollment. excluding any adjustments based on prior year student counts;

            (5B)    "Alternative local need," is the alternative per student need multiplied by the fall enrollment, excluding any adjustments based on prior year student counts;".

    On page 7, line 12, before "is" insert "for school districts not utilizing the alternative local need calculation".

    On page 7, between lines 23 and 24, insert:

"

                For school districts utilizing the alternative local need calculation, the other revenue base amount is zero until such time the school district chooses to no longer utilize the alternative local need calculation. At that time, the other revenue base amount is calculated as defined above.".

    On page 8, line 2, after "reorganization" insert ", and the new school district may not utilize the alternative local need calculation".

    On page 12, line 10, before "The" insert "No later than July 1, 2016, a school district shall notify the secretary of education in writing as to whether the school district's state aid is to be calculated using the alternative local need calculation. If a school district chooses the alternative local need calculation, the school district shall notify the secretary in writing no later than July first of each subsequent fiscal year as to whether to continue to use the alternative local need calculation for that fiscal year. If a school district chooses not to use the alternative local need calculation, the school district may not use that calculation in any subsequent school year.".

    On page 12, line 20, overstrike "State" and insert "For school districts not utilizing the alternative local need calculation, state".

    On page 12, line 22, after "(2)" insert "For school districts utilizing the alternative local need calculation, state aid is the alternative local need as defined in subdivision 13-13-10.1(5B) minus local effort, or zero if the calculation is a negative number;

            (3)    ".

    On page 23, line 18, delete "payment of" and insert "financing payments to the South Dakota Retirement System and to finance".

    On page 24, line 22, delete "state aid to general education funding" and insert "local need pursuant to § 13-13-10.1".

    On page 25, line 5, delete "state" and insert "local need".

    On page 25, line 6, delete "aid to general education funding".

    And that as so amended said bill do pass.

Respectfully submitted,
Justin R. Cronin, Chair
Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 107 and 116 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 148 and 152 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Leslie Heinemann, Vice-Chair


Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1029, 1046, 1061, and 1203 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Justin R. Cronin, Co-Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 90 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.



Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill be amended as follows:

64ya

    On page 1, line 14, of the Senate Local Government Committee engrossed bill, delete "members".

    On page 1, line 14, overstrike "of the common".

    On page 2, line 1, overstrike "council" and insert "aldermen".

    On page 2, line 23, overstrike "A" and insert "The".

    On page 2, line 23, overstrike "on the common council".

    On page 2, line 23, after "be" insert "of an alderman".

    On page 3, line 4, after "two-thirds of" insert "all".

    On page 3, line 5, delete "elect".

    On page 4, line 1, after "of" insert "all".

    On page 4, line 1, delete everything after "aldermen" and insert "elected shall constitute constitutes".

    On page 4, line 4, delete "members of the council" and insert "aldermen".

    On page 4, line 10, overstrike "create a liability against the".

    On page 4, line 10, overstrike "municipality or for the expenditure".

    On page 4, line 11, overstrike "or appropriation of its" and insert "expend or appropriate".

    On page 4, line 13, overstrike "all".

    On page 4, line 14, delete "to create a liability against the municipality".

    On page 4, line 15, delete "its".

    On page 4, line 15, after "money" insert ", and the mayor may not break a tie on such ordinance or proposal".

    On page 4, line 20, delete "of the council".
    On page 4, line 20, delete "of all the".

    On page 4, line 21, delete "members of the council".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill be amended as follows:

65yb

    On page 2, line 2, of the Senate Local Government Committee engrossed bill, after "." insert "A failure to challenge petition signatures pursuant to §§ 12-1-13 to 12-1-16, inclusive, does not prohibit an interested person from challenging the filing of the recall petition or the sufficiency of the specific statement of the grounds of the recall petition.

    A challenge to the recall petition regarding the specific statement of the grounds of the recall petition must be filed in circuit court within five business days of the filing of the recall petition. The circuit court shall conduct an expedited declaratory judgment hearing with no right to trial by jury.".

    And that as so amended said bill do pass.

Respectfully submitted,
Herman Otten, Vice-Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1080, 1120, 1136, 1163, 1187, 1189, 1201, and 1213 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1141 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HCR 1007 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Brunner moved that the House do concur in Senate amendments to HB 1119.

    The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1119.

    And the roll being called:

    Yeas 62, Nays 3, Excused 5, Absent 0

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

    Nays:
Jensen (Alex); Klumb; Romkema

    Excused:
Conzet; Cronin; Kaiser; May; Schoenbeck

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

    Rep. Stevens moved that the House do concur in Senate amendments to HB 1208.

    The question being on Rep. Stevens' motion that the House do concur in Senate amendments to HB 1208.

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0



    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Conzet; Cronin; Kaiser; Schoenbeck

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on SB 22 as found on page 712 of the House Journal; also

    Judiciary on SB 26 as found on page 712 of the House Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Executive Board of the Legislative Research Council.

    Was read the second time.

    The question being "Shall SB 1 pass?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0


    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Conzet; Cronin; Kaiser; Schoenbeck; 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.

    SB 6: FOR AN ACT ENTITLED, An Act to revise certain performance security requirements for public improvement contracts.

    Was read the second time.

    The question being "Shall SB 6 pass?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Conzet; Cronin; Kaiser; Schoenbeck; 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.


    SB 24: FOR AN ACT ENTITLED, An Act to prohibit the sale of fetal body parts and to provide a penalty therefor.

    Was read the second time.

    The question being "Shall SB 24 pass?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Conzet; Cronin; Kaiser; Schoenbeck; 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.

    SB 118: FOR AN ACT ENTITLED, An Act to exempt certain purchases from certain bidding requirements.

    Was read the second time.

    The question being "Shall SB 118 pass as amended?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink



    Excused:
Conzet; Cronin; Kaiser; Schoenbeck; 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.

    SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning forfeiture of property interests of persons convicted of certain crimes.

    Was read the second time.

    The question being "Shall SB 25 pass?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Conzet; Cronin; Kaiser; Schoenbeck; 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.

    SB 30: FOR AN ACT ENTITLED, An Act to provide that Department of Corrections employees are excluded from concealed weapons permit requirements when on duty and acting under the color of authority.

    Was read the second time.

    The question being "Shall SB 30 pass?"

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0


    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Conzet; Cronin; Kaiser; Schoenbeck; 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 HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1042: FOR AN ACT ENTITLED, An Act to establish the trust company receivership and liquidation captive insurance company fund and to make an appropriation therefor.

    Was read the second time.

    The question being "Shall HB 1042 pass as amended?"

    And the roll being called:

    Yeas 62, Nays 3, Excused 5, Absent 0

    Yeas:
Bartling; Beal; Bolin; Bordeaux; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Anderson; Brunner; Rounds

    Excused:
Conzet; Cronin; Kaiser; Schoenbeck; Sly

    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 1043: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

    Was read the second time.

    The question being "Shall HB 1043 pass?"

    And the roll being called:

    Yeas 63, Nays 1, Excused 6, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Russell

    Excused:
Conzet; Cronin; Kaiser; Rozum; Schoenbeck; Sly

    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 1044: FOR AN ACT ENTITLED, An Act to revise the state aid to general education formula.

    Was read the second time.

    The question being "Shall HB 1044 pass?"

    And the roll being called:

    Yeas 60, Nays 4, Excused 6, Absent 0


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

    Nays:
Greenfield (Lana); Killer; Russell; Schrempp

    Excused:
Conzet; Cronin; Kaiser; Rozum; Schoenbeck; 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

    SB 106: FOR AN ACT ENTITLED, An Act to provide for the collection of sales taxes from certain remote sellers, to establish certain Legislative findings, and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 106 pass as amended?"

    And the roll being called:

    Yeas 64, Nays 2, Excused 4, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); 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; Schaefer; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Campbell; Russell


    Excused:
Conzet; Kaiser; Schoenbeck; Sly

    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.

    Rep. Gosch moved that SB 102 be placed to precede SB 63 on today's calendar.

    Which motion prevailed.

    SB 102: FOR AN ACT ENTITLED, An Act to allow certain alcoholic beverage licenses and special event alcoholic beverage licenses to be issued on certain lands and facilities located on state educational institution campuses.

    Was read the second time.

102ra

    Rep. Hunt moved that SB 102 be amended as follows:

    On page 2, line 3, of the printed bill, delete "intercollegiate".

    On page 2, line 4, delete "athletics,".

    On page 2, line 5, delete "intercollegiate athletics,".

    On page 2, line 9, delete "intercollegiate athletics,".

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

    The Speaker declared Rep. Hunt's motion lost.

    The question being "Shall SB 102 pass?"

    And the roll being called:

    Yeas 42, Nays 26, Excused 2, Absent 0


    Yeas:
Anderson; Bartling; Beal; Bordeaux; Cronin; Dryden; Duvall; Gosch; Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kirschman; Langer; May; Mickelson; Munsterman; Otten (Herman); Peterson (Kent); Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Steinhauer; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Speaker Wink

    Nays:
Bolin; Brunner; Campbell; Craig; Deutsch; DiSanto; Feickert; Gibson; Greenfield (Lana); Haggar (Don); Haugaard; Hunt; Killer; Klumb; Latterell; Marty; McCleerey; Novstrup (Al); Partridge; Qualm; Rasmussen; Russell; Stalzer; Stevens; Verchio; Zikmund

    Excused:
Conzet; Kaiser

    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 63: FOR AN ACT ENTITLED, An Act to require the development of school safety plans and to require the conduct of school safety drills in accredited schools.

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

63cb

    Rep. Hunt moved that SB 63 be amended as follows:

    On page 2, line 3, of the Senate engrossed bill, delete everything after "." .

    On page 2, delete lines 4 to 7, inclusive.

    On page 2, line 10, delete everything after "." .

    On page 2, delete lines 11 to 15, inclusive.

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

    The Speaker declared Rep. Hunt's motion prevailed.


63rb

    Rep. Bolin moved that SB 63 be further amended as follows:

    On page 1, line 5, of the Senate engrossed bill, delete "2016" and insert "2018".

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

    The Speaker declared Rep. Bolin's motion prevailed.

    The question being "Shall SB 63 pass as amended?"

    And the roll being called:

    Yeas 27, Nays 39, Excused 4, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Bordeaux; Dryden; Duvall; Feickert; Gibson; Gosch; Haggar (Don); Hawks; Hawley; Hunhoff (Jean); Killer; Kirschman; Langer; McCleerey; Munsterman; Rasmussen; Ring; Schoenfish; Soli; Solum; Stalzer; Wollmann; Zikmund; Speaker Wink

    Nays:
Beal; Brunner; Campbell; Craig; Cronin; Deutsch; DiSanto; Greenfield (Lana); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunt; Jensen (Alex); Johns; Klumb; Latterell; Marty; May; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Romkema; Rounds; Rozum; Russell; Schaefer; Schrempp; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen

    Excused:
Conzet; Kaiser; Schoenbeck; Sly

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

    Rep. Gosch moved that the balance of the calendar including SB 58, 81, 55, 79, 97, 42, 45, 5, 54, 9, 50, 150, 3, 80, 2, 69, 129, and 31 be deferred to Wednesday, March 2, the 31st 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 1004, 1069, and 1071 were delivered to his Excellency, the Governor, for his approval at 10:40 a.m., March 1, 2016.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1080, 1120, 1136, 1163, 1187, 1189, 1201, and 1213 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1080: FOR AN ACT ENTITLED, An Act to make an appropriation and to transfer certain money to the Bureau of Administration to fund a design study for a potential expansion and upgrade to the State Animal Disease Research and Diagnostic Laboratory and to declare an emergency.

    HB 1120: FOR AN ACT ENTITLED, An Act to revise the definition of agricultural purposes used for the administration of the sales tax.

    HB 1136: FOR AN ACT ENTITLED, An Act to eliminate the Council on Higher Education Policy Goals, Performance, and Accountability and to transfer its functions to the Legislative Planning Committee.

    HB 1163: FOR AN ACT ENTITLED, An Act to revise the periods of time during which veterans may use tuition benefits at institutions under the control of the Board of Regents.

    HB 1187: FOR AN ACT ENTITLED, An Act to allow the Office of the Secretary of State to refuse to file certain documents.

    HB 1189: FOR AN ACT ENTITLED, An Act to provide for the inspection and review of a state-mandated academic achievement test taken by a student.


    HB 1201: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2016, make an appropriation for teen court programs in South Dakota, and to declare an emergency.

    HB 1213: FOR AN ACT ENTITLED, An Act to create the new frontiers program to support innovative research by South Dakota companies.

    SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background investigations for prospective employees of the postsecondary technical institutes and to transfer certain funds regarding postsecondary technical credentialing.

    SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding chemical testing and revocations of driver licenses for persons under the age of twenty-one.

    SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fees for sponsored captive insurance companies.

    SB 52: FOR AN ACT ENTITLED, An Act to establish procedures for reporting federal tax changes for purposes of the bank franchise tax.

    SB 57: FOR AN ACT ENTITLED, An Act to redefine the term, written agreement, relating to contracts between a debtor and creditor.

    SB 114: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to the commissioning of the USS South Dakota and to declare an emergency.

    SB 120: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, dentists, physician assistants, and nurse practitioners who have complied with the requirements of the recruitment assistance program and to declare an emergency.

    And signed the same in the presence of the House.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 3:47 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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