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House of Representatives Journal 3/3/2016 01:00 PM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION




THIRTY-SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 3, 2016

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

    The prayer was offered by the Chaplain, Pastor Peggy Stempson, followed by the Pledge of Allegiance led by House pages Staci Seaman and Ashley Van Meeteren.

    Roll Call: All members present except Reps. Johns, Kaiser, Schoenbeck, Schrempp, and Werner who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-first day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Dean Wink, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 171 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 112 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 98 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Lee Qualm, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1075, 1096, 1125, 1135, 1138, and 1169 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1016 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1140 and 1238 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.



Also MR. SPEAKER:

    I have the honor to transmit herewith SB 43, 46, 47, 49, 67, 92, and 96 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 17.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The House proceeded to the reconsideration of HB 1008 pursuant to the veto of the Governor and the veto message found on page 748 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall HB 1008 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 36, Nays 29, Excused 5, Absent 0

    Yeas:
Anderson; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; DiSanto; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunt; Klumb; Langer; Latterell; Marty; May; Munsterman; Novstrup (Al); Otten (Herman); Qualm; Rounds; Russell; Schaefer; Stalzer; Steinhauer; Tulson; Verchio; Wiik; Willadsen

    Nays:
Bartling; Bordeaux; Deutsch; Dryden; Duvall; Gibson; Hawks; Hawley; Hunhoff (Jean); Jensen (Alex); Killer; Kirschman; McCleerey; Mickelson; Partridge; Peterson (Kent); Rasmussen; Ring; Romkema; Rozum; Schoenfish; Sly; Soli; Solum; Stevens; Westra; Wollmann; Zikmund; Speaker Wink

    Excused:
Johns; Kaiser; Schoenbeck; Schrempp; Werner

    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost, sustaining the Governor's veto.


MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 4 Introduced by: Representatives 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; 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wink; Wollmann; Zikmund.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Ninety-first Legislature of the State of South Dakota to Kayla Bailly, Wyatt Beyer, Levi Czmowski, Layna Darling, Cameron Decker, Andrew Flannery, Jacob Huber, Madison Jones, Hannah Kilker, Shaun Maher, Luke Mairose, Joseph Miller, Staci Seaman, Ashley Van Meeteren.

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

    WHEREAS, the members of the Ninety-first House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-first 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. Langer moved that House Page Resolution 4 be adopted.

    Which motion prevailed and the resolution was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Education on SB 82 as found on page 749 of the House Journal; also

    State Affairs on SB 104 as found on page 749 of the House Journal; also


    Judiciary on SB 44 as found on page 750 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 43: FOR AN ACT ENTITLED, An Act to increase the unemployment insurance penalty for failure to pay contributions or make reports.

    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    SB 46: FOR AN ACT ENTITLED, An Act to revise the notice filing fee for open-end management companies.

    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    SB 47: FOR AN ACT ENTITLED, An Act to reduce the unemployment contribution rates for certain employers and to provide for an unemployment insurance administrative fee.

    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    SB 49: FOR AN ACT ENTITLED, An Act to revise certain fees collected by the secretary of state to make an appropriation for an online business registration and filing system, and to declare an emergency.

    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    SB 67: FOR AN ACT ENTITLED, An Act to establish a postsecondary scholarship grant fund, to make an appropriation therefor, to transfer certain money, and to declare an emergency.

    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    SB 92: FOR AN ACT ENTITLED, An Act to continue a math pilot project at the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.


    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    SB 96: FOR AN ACT ENTITLED, An Act to revise the expense reimbursement for members of the Board of Pardons and Paroles.

    Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 91: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the information on the forms provided to persons who sign initiated constitutional amendments, referred laws, or initiated measures.

    Was read the second time.

    The question being "Shall SB 91 pass as amended?"

    And the roll being called:

    Yeas 62, Nays 1, Excused 7, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; 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); Killer; Kirschman; Klumb; Langer; Latterell; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Verchio

    Excused:
Conzet; Johns; Kaiser; Marty; Schoenbeck; Schrempp; Werner

    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 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the requirements for placement of a utility facility across a railroad right-of-way.

    Was read the second time.

    The question being "Shall SB 127 pass as amended?"

    And the roll being called:

    Yeas 62, Nays 1, Excused 7, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; 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); Killer; Kirschman; Klumb; Langer; Latterell; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Verchio

    Excused:
Conzet; Johns; Kaiser; Marty; Schoenbeck; Schrempp; Werner

    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 19: FOR AN ACT ENTITLED, An Act to revise certain mandatory reporting requirements for elder and disabled adult abuse and neglect.

    Was read the second time.

    The question being "Shall SB 19 pass?"

    And the roll being called:

    Yeas 62, Nays 1, Excused 7, Absent 0


    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; 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); Killer; Kirschman; Klumb; Langer; Latterell; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Verchio

    Excused:
Conzet; Johns; Kaiser; Marty; Schoenbeck; Schrempp; Werner

    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 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the homestead exemption.

    Was read the second time.

    The question being "Shall SB 93 pass?"

    And the roll being called:

    Yeas 62, Nays 1, Excused 7, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; 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); Killer; Kirschman; Klumb; Langer; Latterell; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Verchio

    Excused:
Conzet; Johns; Kaiser; Marty; Schoenbeck; Schrempp; Werner

    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 142: FOR AN ACT ENTITLED, An Act to authorize certain disclosures of mental health information to law enforcement.

    Was read the second time.

    The question being "Shall SB 142 pass?"

    And the roll being called:

    Yeas 62, Nays 1, Excused 7, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; 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); Killer; Kirschman; Klumb; Langer; Latterell; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Verchio

    Excused:
Conzet; Johns; Kaiser; Marty; Schoenbeck; Schrempp; Werner

    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 the balance of the calendar including SB 107, 2, 69, 129, 31, 26, 133, 136, 148, 152, 90, 131, 64, 65, 72, 100, 81, and 9 be deferred to Monday, March 7, the 33rd 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 the Office of Engrossing and Enrolling has carefully compared HB 1075, 1096, 1125, 1135, 1138, 1141, and 1169 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1075: FOR AN ACT ENTITLED, An Act to revise the area for certain open units where nonresident waterfowl licenses are issued.

    HB 1096: FOR AN ACT ENTITLED, An Act to provide for the exemption of certain schools from a tuition limitation applied to some bordering state school districts.

    HB 1125: FOR AN ACT ENTITLED, An Act to limit the ability of a person to obtain a concealed pistol permit related to the restoration of civil rights and to declare an emergency.

    HB 1135: FOR AN ACT ENTITLED, An Act to establish venue for certain actions arising out of real property lease agreements.

    HB 1138: FOR AN ACT ENTITLED, An Act to revise provisions related to the enhanced permit to carry a concealed pistol.

    HB 1141: FOR AN ACT ENTITLED, An Act to license persons offering applied behavior analysis services to the public.

    HB 1169: FOR AN ACT ENTITLED, An Act to allow a school district to operate an attendance center within another school district.

    And signed the same in the presence of the House.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 1:55 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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