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House of Representatives Journal 3/10/2016 10:30 AM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION




THIRTY-SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 10, 2016

    The House convened at 10:30 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of Allegiance led by House pages Olivia Rasmussen and Leonard Red Hair.

    Roll Call: All members present except Reps. Bordeaux, Kaiser, Munsterman, Schoenbeck, and Schrempp 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-fifth day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Dean Wink, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 9, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 9, 2016, I approved House Bills 1119, 1120, 1136, and 1188, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF CONFERENCE COMMITTEES

cc44a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 44 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 44 and do not appoint a new committee.

Respectfully submitted,                Respectfully submitted,
Timothy Johns                    Craig Tieszen
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 82, 96, 131, and 168.

Respectfully,
Kay Johnson, Secretary


ANNOUNCEMENTS

    The Speaker appointed Reps. Solum, Haggar, and Hawks as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1145.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Rep. Gosch moved that the report of the House Select Committee relative to the house rules for the Ninety-second Legislative Session as found on page848 of the House Journal be adopted.

    The question being on Rep. Gosch's motion that the report of the House Select Committee relative to the house rules for the Ninety-second Legislative Session be adopted.

    And the roll being called:

    Yeas 56, Nays 3, Excused 11, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Campbell; Craig; 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; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Brunner; Marty; Russell

    Excused:
Bordeaux; Conzet; Cronin; Deutsch; DiSanto; Kaiser; Latterell; Munsterman; Schaefer; Schoenbeck; Schrempp

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

    Rep. Stevens moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Ninety-second Legislative Session as found on page 849 of the House Journal be adopted.

    Which motion prevailed.



    Rep. Gosch moved that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-second Legislative Session as found on page 849 of the House Journal be adopted.

    The question being on Rep. Gosch's motion that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-second Legislative Session be adopted.

    And the roll being called:

    Yeas 57, Nays 3, Excused 10, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Craig; Cronin; 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; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rozum; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Marty; Rounds; Russell

    Excused:
Bordeaux; Conzet; Deutsch; DiSanto; Kaiser; Latterell; Munsterman; Schaefer; Schoenbeck; Schrempp

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

    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 1005, 1029, 1043, 1046, 1061, 1064, 1068, 1078, 1079, 1094, 1110, 1118, 1137, 1140, 1146, 1157, 1190, 1203, 1218, 1236, 1238, and 1244 were delivered to his Excellency, the Governor, for his approval at 10:15 a.m., March 10, 2016.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1060, 1088, 1091, 1134, 1183, 1212, and 1242 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Peters, Solano, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1145.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Peters, Tidemann, and Buhl O'Donnell as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1044.

Respectfully,
Kay Johnson, Secretary

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Board on Geographic Names.

    HB 1088: FOR AN ACT ENTITLED, An Act to revise and consolidate certain civil forfeiture provisions.

    HB 1091: FOR AN ACT ENTITLED, An Act to establish certain requirements regarding insurance for vehicles used to provide rides for a transportation network company and to exempt vehicles used to provide these rides from certain commercial licensing requirements.


    HB 1134: FOR AN ACT ENTITLED, An Act to provide for access to certain property for the purpose of making surveys.

    HB 1183: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the jurisdiction of magistrate courts to issue protection orders.

    HB 1212: FOR AN ACT ENTITLED, An Act to revise requirements related to pregnancy help centers

    HB 1242: FOR AN ACT ENTITLED, An Act to authorize certain persons to request a security freeze on the credit report of a protected consumer.

    SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the Native American achievement schools grant program and paraprofessional tuition assistance scholarship program.

    SB 26: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning sex offender registration and to require an offender to notify of intended foreign travel.

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

    SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions of the building South Dakota fund programs.

    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.

    SB 64: FOR AN ACT ENTITLED, An Act to revise the voting authority of an alderman.

    SB 65: FOR AN ACT ENTITLED, An Act to revise the procedure for a municipal recall petition.

    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.

    SB 72: FOR AN ACT ENTITLED, An Act to prohibit the abortion of an unborn child who is capable of experiencing pain and to provide a penalty therefor.

    SB 81: FOR AN ACT ENTITLED, An Act to create the paraprofessional tuition assistance scholarship program.

    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.


    SB 98: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding pork production.

    SB 100: FOR AN ACT ENTITLED, An Act to enhance South Dakota economic development through broadband infrastructure improvements.

    SB 104: FOR AN ACT ENTITLED, An Act to set the time period for when an agency may promulgate rules.

    SB 112: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax increment districts.

    SB 140: FOR AN ACT ENTITLED, An Act to eliminate life sentences for defendants under the age of eighteen at the time of the crime.

    SB 143: FOR AN ACT ENTITLED, An Act to require the Legislative Planning Committee to implement a performance management review process.

    SB 148: FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds for the Michael J. Fitzmaurice Veterans Home and to declare an emergency.

    SB 158: FOR AN ACT ENTITLED, An Act to revise provisions related to restitution in cases involving juveniles and to declare an emergency.

    SB 159: FOR AN ACT ENTITLED, An Act to provide a tax credit to insurance companies that contribute to an organization providing educational scholarships to certain students.

    SB 162: FOR AN ACT ENTITLED, An Act to create the State Board of Internal Control and to declare an emergency.

    SB 169: FOR AN ACT ENTITLED, An Act to revise provisions related to child pornography and to revise the penalty therefor.

    And signed the same in the presence of the House.

    There being no objection, the House reverted to Order of Business No. 9.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Johns moved that the report of the Conference Committee on SB 44 as found on page 858 of the House Journal be adopted and that no new committee be appointed.

    The question being on Rep. Johns' motion that the report of the Conference Committee on SB 44 be adopted and that no new committee be appointed.


    And the roll being called:

    Yeas 50, Nays 2, Excused 18, Absent 0

    Yeas:
Beal; Bolin; Brunner; Campbell; Conzet; Craig; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Heinemann (Leslie); Holmes; Hunt; Johns; Killer; Kirschman; Klumb; Langer; Marty; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Rounds; Rozum; Russell; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Speaker Wink

    Nays:
Bartling; Hawley

    Excused:
Anderson; Bordeaux; Cronin; Deutsch; DiSanto; Dryden; Hunhoff (Jean); Jensen (Alex); Kaiser; Latterell; Munsterman; Partridge; Ring; Romkema; Schaefer; Schoenbeck; Schrempp; Zikmund

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted and that no new committee be appointed.

    Rep. Gosch moved that the House do now recess until 2:00 p.m., which motion prevailed and at 11:15 a.m., the House recessed.

RECESS

    The House reconvened at 2:00 p.m., the Speaker presiding.

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

COMMUNICATIONS AND PETITIONS

March 10, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 10, 2016, I approved House Bills 1080, 1141, and 1163, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard


Governor

March 10, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 10, 2016, I approved House Bills 1051, 1125, 1135, 1138, 1169, 1187, 1189, 1201, 1208, and 1213, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF CONFERENCE COMMITTEES

cc1145a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1145 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1145 be amended as follows:

1145cd


    On page 2, line 4, of the Senate engrossed bill, delete everything after "." .

    On page 2, delete line 5.

Respectfully submitted,                Respectfully submitted,
Roger Solum                        Deb Peters
House Committee Chair                Senate Committee Chair

cc1044a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1044 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1044 be amended as follows:

1044ja


    On page 1, line 6, of the Senate engrossed bill, delete everything after "shall be" and insert "eight dollars and seventy-two and seven tenths cents seven dollars and sixty-three cents".

    On page 1, line 11, remove the overstrikes from "and fifty-six and eight tenths cents".

    On page 2, line 2, after "cents" insert "and sixty-eight and seven-tenths cents".

Respectfully submitted,                Respectfully submitted,
G. Mark Mickelson                    Deb Peters
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1044 and 1145.

Also MR. SPEAKER:

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

Also MR. SPEAKER:

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

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 44.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 48 which has 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 appointed Sens. Cammack, Brown, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Otten, Soholt, and Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House pertaining to fixing the time of adjournment sine die for the Ninety-first Legislative Session.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Gosch moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

    Which motion prevailed and the Speaker appointed as such committee Reps. Wink, Gosch, and Hawley.

    Rep. Gosch moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Ninety-first Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Wink, Gosch, and Hawley.

    Rep. Gosch moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 11, the 37th legislative day.

    Which motion prevailed.



CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Solum moved that the report of the Conference Committee on HB 1145 as found on page 865 of the House Journal be adopted.

    Rep. Hawks moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1145 as found on page 865 of the House Journal and do not appoint a new committee.

    The question being on Rep. Hawks' substitute motion to not adopt the report of the Conference Committee on HB 1145 and to not appoint a new committee.

    And the roll being called:

    Yeas 18, Nays 45, Excused 7, Absent 0

    Yeas:
Anderson; Bartling; Bolin; Brunner; Campbell; Feickert; Gibson; Greenfield (Lana); Hawks; Hawley; Johns; Killer; Kirschman; Klumb; McCleerey; Ring; Rozum; Soli

    Nays:
Beal; Conzet; Craig; Cronin; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Langer; Marty; May; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Romkema; Rounds; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Bordeaux; Deutsch; Kaiser; Latterell; Munsterman; Schoenbeck; Schrempp

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

    The question being on Rep. Solum's motion that the report of the Conference Committee on HB 1145 be adopted.

    And the roll being called:

    Yeas 44, Nays 19, Excused 7, Absent 0


    Yeas:
Beal; Conzet; Craig; Cronin; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Langer; Marty; May; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Rasmussen; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Anderson; Bartling; Bolin; Brunner; Campbell; Feickert; Gibson; Greenfield (Lana); Hawks; Hawley; Johns; Killer; Kirschman; Klumb; McCleerey; Qualm; Ring; Romkema; Soli

    Excused:
Bordeaux; Deutsch; Kaiser; Latterell; Munsterman; Schoenbeck; Schrempp

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

    Rep. Mickelson moved that the report of the Conference Committee on HB 1044 as found on page 865 of the House Journal be adopted.

    The question being on Rep. Mickelson's motion that the report of the Conference Committee on HB 1044 be adopted.

    And the roll being called:

    Yeas 44, Nays 19, Excused 7, Absent 0

    Yeas:
Anderson; Beal; Bolin; Conzet; Cronin; Dryden; Duvall; Gibson; Gosch; Haggar (Don); Harrison; Haugaard; Hawley; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Klumb; Langer; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Bartling; Brunner; Campbell; Craig; DiSanto; Feickert; Greenfield (Lana); Hawks; Heinemann (Leslie); Hunt; Killer; Kirschman; Marty; May; McCleerey; Qualm; Russell; Schaefer; Wiik

    Excused:
Bordeaux; Deutsch; Kaiser; Latterell; Munsterman; Schoenbeck; Schrempp

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2016.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2016.

    Was read the second time.

    The question being "Shall SB 48 pass as amended?"

    And the roll being called:

    Yeas 58, Nays 5, Excused 7, Absent 0

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

    Nays:
Brunner; Haugaard; Marty; Russell; Verchio

    Excused:
Bordeaux; Deutsch; Kaiser; Latterell; Munsterman; Schoenbeck; Schrempp

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

    There being no objection, the House reverted to Order of Business No. 5.


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1060, 1088, 1091, 1134, 1183, 1212, and 1242 were delivered to his Excellency, the Governor, for his approval at 2:00 p.m., March 10, 2016.

Respectfully submitted,
Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    SB 82: FOR AN ACT ENTITLED, An Act to establish the Native American achievement schools grant program.

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

    SB 131: FOR AN ACT ENTITLED, An Act to establish a target teacher salary and a target teacher ratio, to revise certain provisions regarding education funding, to create the School Finance Accountability Board, and to provide for certain school district reporting and penalties.

    SB 168: FOR AN ACT ENTITLED, An Act to revise provisions related to human trafficking and to provide a penalty therefor.

    And signed the same in the presence of the House.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 2:56 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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