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House of Representatives Journal 2/22/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




TWENTY-SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 22, 2017

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

    The prayer was offered by the Chaplain, Rev. Craig Wexler, followed by the Pledge of Allegiance led by House page Faith Houghtaling.

    Roll Call: All members present except Reps. Carson and McPherson 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-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,
G. Mark Mickelson, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1135, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1135wb

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

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    A person shall recover costs and attorney fees for a civil action if:

            (1)    The person's use of a firearm resulted in the death or serious bodily injury of another person;

            (2)    The person using the firearm was acquitted of a crime charged as a result of the incident pursuant to a defense brought under § 22-5-1; and

            (3)    The person successfully defends a subsequent civil action brought as a result of the incident."

    And that as so amended said bill do NOT pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1175 and 1189 which were tabled.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1198 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair
Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1210 and returns the same with the recommendation that said bill be amended as follows:

1210fa

    On page 1 of the printed bill, delete lines 7 to 15, inclusive, and insert:

"

            (1)    All unplatted land located in the South Half of Section 15, Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, South Dakota under the control of the Board of Regents, consisting of 14.35 acres, more or less.".

    On page 2, delete lines 1 to 3, inclusive.

    On page 2, line 14, delete "Department of Corrections training school trust" and insert "permanent fund created for the South Dakota School for the Deaf".

    On page 2, line 15, delete "fund created".

1210ja

    On page 1, line 4, of the printed bill, before "Governor" insert "Board of Regents and the".

    On page 2, line 11, after "Governor" insert ", at the request of the Board of Regents,".

    On page 2, line 16, after "contrary," insert "upon the request of the Board of Regents".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration SB 128 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration HB 1186 which was tabled.

Respectfully submitted,
David L. Anderson, Chair
Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1089 and returns the same with the recommendation that said bill be amended as follows:

1089oa

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

"    Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:

    In addition to any penalty that may be imposed on a person pursuant to § 12-27-29.1, if the secretary of state finds that any person has failed to perform any duty imposed on that person by this chapter, that person may be assessed an additional penalty not to exceed five hundred dollars. The secretary of state may refer repeated violations of any duty required under this chapter for prosecution by a state's attorney or the attorney general.

    Section 2. That chapter 12-27 be amended by adding a NEW SECTION to read:

    Any person may file with the secretary of state a sworn affidavit alleging a violation of the campaign finance requirements under this chapter. A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any fact on which the affiant relied, and identify any source of factual information. The affidavit shall be sufficiently detailed and any allegation shall be internally consistent and plausible. The affidavit shall be evaluated from the standpoint of a reasonable person. A lack of credible factual evidence to corroborate any allegation of misconduct shall undermine any affidavit. No conclusion, opinion, supposition, rumor, or innuendo may be considered in the review of the affidavit. If the sworn affidavit has sufficiently substantiated facts that lead the secretary of state to believe there is probable cause that a requirement under this chapter has been violated, the secretary of state may commence the contested case procedure pursuant to chapter 1-26 to remedy the violation or impose a civil penalty. The secretary of state may refer the complaint to the Division of Criminal Investigation for an investigation pursuant to chapter 23-3.

    Section 3. That chapter 23-3 be amended by adding a NEW SECTION to read:

    Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:

            (1)    Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to § 22-30A-10;

            (2)    Bribery in public office pursuant to § 2-12-9, 22-12A-7, or 22-12A-11; or

            (3)    An intentional violation of any limit on gifts to public officials under chapter 2-12.

    The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to

believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution.

    Section 4. That chapter 23-3 be amended by adding a NEW SECTION to read:

    If an investigation authorized under section 3 of this Act does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation may determine that no further action is required, or refer the matter to:

            (1)    The Government Operations and Audit Committee for review of a matter involving a legislator or legislative employee;

            (2)    The secretary of state for a matter involving a candidate for the Legislature or statewide office; or

            (3)    The Judicial Qualifications Commission for a matter involving a judicial officer.

    A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any fact on which the affiant relied, and identify any source of factual information. The affidavit shall be sufficiently detailed and any allegation shall be internally consistent and plausible. The affidavit shall be evaluated from the standpoint of a reasonable person. A lack of credible factual evidence to corroborate any allegation of misconduct shall undermine any affidavit. No conclusion, opinion, supposition, rumor, or innuendo may be considered in the review of the affidavit.

    Section 5. That chapter 3-6D be amended by adding a NEW SECTION to read:

    The Government Operations and Audit Committee shall review and investigate any matter referred to the committee by the Division of Criminal Investigation and may recommend appropriate action.

    Section 6. That chapter 16-1A be amended by adding a NEW SECTION to read:

    The Judicial Qualifications Commission shall review and investigate any matter referred to the commission by the Division of Criminal Investigation and may recommend appropriate action."

1089ota

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide certain provisions regarding investigations of misconduct by certain public officials.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1157 and returns the same with the recommendation that said bill be amended as follows:

1157fc

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

"    Section 1. That chapter 1-16G be amended by adding a NEW SECTION to read:

    The state treasurer shall establish the agriculture future development subfund within the revolving economic development and initiative fund created pursuant to § 1-16G-3. Interest earned on money in the subfund shall be deposited in the subfund.

    Section 2. That chapter 1-16G be amended by adding a NEW SECTION to read:

    The Board of Economic Development shall administer the agriculture future development subfund for the purpose of making grants or loans to promote the use of modern technology and farming practices or promote the use of South Dakota agricultural products at the regental system or the technical institutes.

    Section 3. That chapter 1-16G be amended by adding a NEW SECTION to read:

    In connection with the administration of the agriculture future development subfund, the Board of Economic Development may, pursuant to chapter 1-26, promulgate rules in consultation with the Executive Board of the Legislature Research Council to implement the provisions of sections 1 and 2 of this Act that include:

            (1)    Setting the application procedures for applying for loans or grants from the subfund;

            (2)    Establishing criteria to determine which applicants may receive loans or grants;

            (3)    Governing the use of proceeds of the loans or grants; and

            (4)    Establishing criteria for the terms and conditions upon which the loans or grants shall be made, including the terms of security given, if any, to secure the loans.

    Section 4. That chapter 1-16G be amended by adding a NEW SECTION to read:

    An agriculture future development subcommittee shall be appointed to make agriculture future development funding recommendations to the Board of Economic Development. The agriculture future development subcommittee shall be within the Governor's Office of Economic Development, and shall exercise all its prescribed functions, including administrative functions. The membership of the subcommittee shall include:

            (1)    Five members of the Board of Economic Development appointed by the chair of the board;
            (2)    Two members appointed by the speaker of the House of Representatives. One member shall represent a livestock association and one member shall represent a crop association; and

    (3)    Two members appointed by the president pro tempore of the Senate. One member shall represent a livestock association and one member shall represent a crop association.

    The members of the subcommittee provided in subdivisions (2) to (3), inclusive, shall be appointed to four-year terms of office. The initial terms shall be staggered with two members appointed to two-year terms of office as determined by the speaker and president pro tempore so that no more than two members' terms expire in any given year. The speaker and president pro tempore shall confer before making any appointment to ensure no more than one member is appointed from an association and that all the members representing either the crop associations or the livestock associations do not expire in the same year. Not all members may be from the same political party. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only the unexpired portion of the term.

    Section 5. That chapter 1-16G be amended by adding a NEW SECTION to read:

    In fiscal year 2018, the state treasurer shall transfer from the agriculture future development subfund the amount available in the subfund, not to exceed three million five hundred thousand dollars, to the state animal disease research and diagnostic laboratory bond redemption and operations fund. Each year thereafter, the state treasurer shall annually transfer from the agriculture future development subfund the sum of three million three hundred fifty thousand dollars each year to the state animal disease research and diagnostic laboratory bond redemption and operations fund for the construction, reconstruction, renovation, demolition, and modernization of facilities and related infrastructure at the State Animal Disease Research and Diagnostic Laboratory on the campus of South Dakota State University.

    Section 6. Section 5 of this Act is repealed on the first day of the month following a determination by the Animal Industry Board that bonds issued for the State Animal Disease Research and Diagnostic Laboratory are satisfied and paid in full.

    Section 7. That chapter 1-16G be amended by adding a NEW SECTION to read:

    If the fees charged by the State Animal Disease Research and Diagnostic Laboratory exceed the costs of operating the laboratory in any fiscal year, beginning in fiscal year 2021 fifty percent of the profit shall be transferred from the animal disease research and diagnostic laboratory revolving fund to the agriculture future development subfund."

1157fta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "create the agriculture future development subfund, to provide for its administration, to establish the agriculture future development subcommittee, and to provide funding for certain programs and projects.".
    On page 1, delete lines 2 to 4, inclusive.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1076 and returns the same with the recommendation that said bill be amended as follows:

1076dh

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

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    There is hereby created a State Government Accountability Board to be composed of four members appointed by the Governor. Each member to be appointed shall be a former or retired circuit court judge or Supreme Court Justice. No more than two of the appointed members may be of the same political party. All appointees are subject to confirmation by the Senate and no appointee may be a member of the Legislature during the member's term on the board. The term for a board member is five years and a board member may only be removed for good cause. Good cause to remove a member is conduct such as: malfeasance or misfeasance in office, neglect of duty, corrupt conduct, gross incompetency, or active partisanship. A vacancy in the board's membership shall be filled by the Governor within thirty days of the event causing the vacancy. If a vacancy occurs before a term expires, the new member shall serve for the remaining portion of the unexpired term. If the Senate is not in session at the time the appointment is made, the appointee may serve until the Senate has the opportunity to consider the appointment. The per diem and expenses of the board are the same as the per diem and expenses for members of interim committees of the Legislature.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    The initial appointments for the members of the board are temporary and staggered with one member serving two years, one member serving three years, one member serving four years, and one member serving five years. Each member's initial term is to be determined by the Governor.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    The State Government Accountability Board may review and investigate any person holding a statewide office, as defined in § 12-27-1, and employees of the executive branch of the state regarding:

            (1)    Allegations of impropriety related to any contract, grant, or loan with any public entity that provides the authority to any other entity to expend public funds;

            (2)    Documents filed under chapter 3-23 or alleged violations relating to conflicts of interest;
            (3)    Allegations of a direct or indirect interest in a contract in violation of the constitution or law;

            (4)    Allegations of malfeasance;

            (5)    Allegations of misappropriation of public funds;

            (6)    Allegations of use of false instruments to obtain public funds;

            (7)    Allegations of theft or embezzlement of public funds;

            (8)    Allegations of bribery; or

            (9)    Allegations of use of public money not authorized by law or in violation of the constitution.

    The board may establish its own procedures, issue subpoenas, administer oaths, and take sworn testimony.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    Any person acting in good faith may:

            (1)    Furnish information to the board relating to suspected, anticipated, or completed violations of a corrupt act relating to any subdivision in section 3 of this Act;

            (2)    File a report with the board; or

            (3)    File a complaint with the board alleging a violation of any subdivision of section 3 of this Act.

    The information, reports, or complaints and the investigative records and files of the board are confidential and not a public record according to chapter 1-27 until the board votes in favor of conducting a contested case hearing.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    The board may refer any information, report, or complaint it receives to the Division of Criminal Investigation for investigation. If, based on the information, report, or complaint, the board has reasonable cause to believe that a crime has been committed, the matter shall be referred to the Division of Criminal Investigation. If the Division of Criminal Investigation has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution. If an investigation does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation shall refer the matter back to the board for the board's consideration. If the Division of Criminal Investigation determines that the information, report, or complaint is frivolous, it shall communicate this determination to the board in writing and the board may close the matter.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    A person acting in good faith is immune from civil liability for furnishing information, filing a report, or making a complaint. If a civil action is commenced against a person for damages related to furnishing information, filing a report, or making a complaint and the court determines that the person acted in good faith, the person may recover costs or disbursements under chapter 15-17 including reasonable attorney's fees. However, if the court determines that the person furnishing information, filing a report, or making a complaint did not act in good faith, the person who commenced the civil action may recover costs or disbursements under chapter 15-17, including reasonable attorney's fees, from the person who did not act in good faith.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    If a majority of the members of the board vote that there is sufficient information to believe that a statewide office holder or executive branch employee has engaged in misconduct related to any subdivision of section 3 of this Act, the board shall conduct a contested case hearing according to chapter 1-26 to afford the accused person the opportunity to respond to the allegation.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    At the conclusion of the contested case hearing before the board, if the board determines by a majority vote of the board that a violation has occurred, the board may:

            (1)    Issue a public or private reprimand;

            (2)    Direct a person to engage in coursework or community service; or

            (3)    Make a specific recommendation to the Governor.

    Section 9. That the code be amended by adding a NEW SECTION to read:

    A person who has submitted information, a report, or complaint to the board pursuant to section 4 of this Act may request a status update from the board. The board shall respond in writing.

    Section 10. That the code be amended by adding a NEW SECTION to read:

    The board shall annually report to the people, the Governor, and the Legislature on its activities. The report shall include data regarding any allegations of violations of subdivisions of section 3 of this Act, including the number of reports filed, complaints received, number of unique persons filing complaints or reports, and hearings conducted by the board. The board may not disclose information that is not subject to disclosure under chapter 1-27 or pursuant to section 4 of this Act.


    Section 11. That the code be amended by adding a NEW SECTION to read:

    The State Government Accountability Board is attached to the Office of the Attorney General for administrative and budgetary support. In order to review and investigate any alleged violation of the subdivisions listed in section 3 of the Act, the board may employ staff as it deems necessary. The extraordinary litigation fund established in § 1-14-3.1 may be used for legal and investigative expenses authorized by the board."

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1115 which was tabled.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 51, 52, and 137 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Larry Zikmund, Vice Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 55 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:


1142ba

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

"    Section 1.That chapter 22-16 be amended by adding a NEW SECTION to read:

    Vehicular homicide as set forth in § 22-16-41 may be charged in the alternative as manslaughter in the first degree, as set forth in § 22-16-15."

    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 1183 and returns the same with the recommendation that said bill be amended as follows:

1183ba

    On page 7, line 18, of the printed bill, delete everything after "(4)" and insert "A certified nurse practitioner or clinical nurse specialist with current psychiatric certification and with training on how to conduct and score competency evaluations;".

    On page 7, delete lines 19 and 20.

1183fb

    On page 7, line 14, of the printed bill, after "A" insert "licensed".

    On page 7, line 18, delete "An" and insert "A licensed".

    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 1200 and returns the same with the recommendation that said bill be amended as follows:

1200wa

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

"    Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:

    If a ballot question committee receives contributions totaling twenty-five thousand dollars or more within a twelve-month period from an organization or from a political action committee that is not otherwise required to file a campaign finance disclosure statement under subdivision

12-27-22(2), the committee shall disclose in a supplemental disclosure within the committee's campaign finance disclosure required under this chapter the name and address of the fifty largest contributors to the organization or political action committee during the one year preceding the date the supplemental disclosure is filed.

    Section 2. That chapter 12-27 be amended by adding a NEW SECTION to read:

    If any organization, or any political action committee that is otherwise required to file a campaign finance disclosure statement under subdivision 12-27-22(2), makes an independent communication expenditure of twenty-five thousand dollars or more within a twelve-month period, the organization or committee shall disclose as a supplemental disclosure within the campaign finance disclosure statement required under this chapter the name and address of the fifty largest contributors to the organization or the political action committee during the one year preceding the date the supplemental disclosure is filed.

    Section 3. That chapter 12-27 be amended by adding a NEW SECTION to read:

    If any of the fifty largest contributors required to be disclosed under this Act is an organization or political action committee that is not otherwise required by any other law to disclose its contributors, the ballot question committee, organization, or political action committee shall collect and disclose the top fifty contributors to the contributing organization or political action committee in a supplemental disclosure.

    Section 4. That chapter 12-27 be amended by adding a NEW SECTION to read:

    The disclosure requirements under this Act do not apply to:

            (1)    A nonprofit corporation as defined in 26 U.S.C. § 501(c)(3);

            (2)    An organization from which any part of the net earnings inures to the benefit of a private shareholder, partner, member, or person; or

            (3)    A contributor of less than five thousand dollars during the required reporting period.

    Section 5. That chapter 12-27 be amended by adding a NEW SECTION to read:

    If an organization, political action committee, or ballot question committee fails to make a timely disclosure pursuant to this Act, the organization, political action committee, or ballot question committee shall be subject to a civil penalty of not more than five thousand dollars to be imposed by the secretary of state and deposited into the general fund. If a ballot question committee knowingly and intentionally fails to make a timely disclosure pursuant to this Act, the ballot question committee shall be subject to a civil penalty equal to twenty-five percent of the organization's or political action committee's aggregate contribution during that calendar year to be imposed by the secretary of state and deposited into the general fund. If an organization or political action committee fails to make a timely disclosure pursuant to section 3 of this Act the organization or political action committee is subject to a civil penalty equal to twenty-five percent of the total independent communication expenditure made by that

organization or political action committee imposed by the secretary of state and deposited into the general fund. An intentional violation of the provisions of this Act is a Class 1 misdemeanor.

    Section 6. That chapter 12-27 be amended by adding a NEW SECTION to read:

    If any ballot question committee, organization, or political action committee is found to be in violation of the provisions of this Act and does not comply with the provisions of this Act within ten days of written notification delivered by certified mail from the secretary of state, the committee or organization may not contribute to any other ballot question committee or make any other independent communication expenditure for a period of five years.

    Section 7. That chapter 12-27 be amended by adding a NEW SECTION to read:

    For purposes of this Act, all ballot question committees established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit are affiliated and share a single contribution limit."

    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 1001, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1001ba

    On page 1, line 6, of the printed bill, delete "with a felony penalty".

    On page 1, line 8, delete "with a felony penalty".

    On page 2, line 3, after "25.1." insert "The provisions of this section do not apply to any bill, amendment, or measure, or sections thereof, involving a Class 2 misdemeanor.".

1001bd

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

"    Section 1. That § 2-1-19 be amended to read:

    2-1-19. A prison or jail population cost estimate shall be attached to any bill, or amendment, or measure proposed by ballot initiative except misdemeanor penalties, that may impact the state prison or county jail population. A prison or jail population cost estimate shall be attached to any measure proposed by ballot initiative, except Class 2 misdemeanor penalties, that may impact the state prison or county jail population. A prison or jail population cost estimate shall

be prepared for a bill or amendment with a Class 1 misdemeanor penalty only upon a request authorized by the rules of the Legislature. The requirement for a cost estimate includes each bill or, amendment, or ballot initiative that meets the penalty requirements of this section and that increases the period of imprisonment authorized for an existing crime, that adds a new crime for which imprisonment is authorized, that imposes a minimum or mandatory minimum term of imprisonment, or that modifies any law governing release of a prisoner from imprisonment or supervision.

    The sponsor of the legislation, amendment, or ballot initiative shall request and allow sufficient time to prepare a cost estimate from the Bureau of Finance and Management or the Legislative Research Council. The cost estimate shall be completed for a bill or amendment before the bill or amendment is considered by any standing committee of the Legislature. Any ballot initiative shall have a cost estimate attached to the Attorney General's statement required pursuant to § 12-13-9 or 12-13-25.1.

    Section 2. That § 2-1-20 be amended to read:

    2-1-20. A cost estimate pursuant to § 2-1-19 shall include the following:

            (1)    An analysis of the specific components of the bill or the ballot initiative that will impact the prison and jail population;

            (2)    The projected cost of the impact of the bill on the state prison system and the aggregate cost to county jails on an annual basis and cost of the bill over a ten year period; and

            (3)    Operational costs and capital costs including all manner of construction.

    Section 3. The Code Counsel shall transfer §§ 2-1-19 and 2-1-20 to chapter 2-9."

    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1192 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1061 which has passed the Senate without change.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1078 was lost for failure to be placed on the Senate calendar.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 28, 124, 142, and 147 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Brunner moved that the House do concur in Senate amendments to HB 1127.

    The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1127.

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

    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. Willadsen moved that the Committee on Judiciary be instructed to deliver HB 1175 to the floor of the House, pursuant to Joint Rule 7-7.

    Which motion was not supported.



    Rep. Pischke moved that the Committee on Judiciary be instructed to deliver HB 1203 to the floor of the House, pursuant to Joint Rule 7-7.

    Which motion was supported and the committee was so instructed.

    Rep. Frye-Mueller moved that the Committee on State Affairs be instructed to deliver HB 1129 to the floor of the House, pursuant to Joint Rule 7-7.

    Which motion was supported and the committee was so instructed.

    Rep. Latterell moved that the Committee on Judiciary be instructed to deliver HB 1189 to the floor of the House, pursuant to Joint Rule 7-7.

    Which motion was not supported.

    Rep. Haugaard moved that the House Committee on Appropriations be instructed to deliver HB 1199 to the floor of the House, pursuant to Joint Rule 7-7.

    Which motion was not supported.


    Rep. Qualm moved that the rules be suspended for the sole purpose of extending the deadline for the delivery of HB 1188 from the House Committee on Appropriations to the house of origin to Thursday, February 23, the 27th Legislative Day, considering the report of the standing committee, and placing the bill on the calendar.

    The question being on Rep. Qualm's motion that the rules be suspended for the sole purpose of extending the deadline for the delivery of HB 1188 from the House Committee on Appropriations to the house of origin to Thursday, February 23, the 27th Legislative Day, considering the report of the standing committee, and placing the bill on the calendar.

    And the roll being called:

    Yeas 65, Nays 3, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson


    Nays:
Dennert; Heinemann; Kaiser

    Excused:
Carson; McPherson

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

    Rep. Qualm moved that SB 128 be referred from the House Committee on Appropriations to the Committee on Judiciary.

    Which motion prevailed.

    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 23, the 27th legislative day.

    Which motion prevailed.

    HCR 1009 Introduced by: Representatives Bordeaux and Lesmeister

        A CONCURRENT RESOLUTION, Supporting the establishment of a truth and healing conciliation commission for the purpose of studying race relations among Native Americans and the State of South Dakota.

    WHEREAS, The Great Sioux Nation has faced treaty violations and systemic corruption that resulted in the loss of their most sacred lands, followed by an epidemic of young ones being removed from their homes, families, and traditions - a problem so widespread that it has decimated the generation charged with carrying their culture forward and continues today to cause poverty, suicide, and hardship; and

    WHEREAS, the truth and healing conciliation commission would make recommendations for improving relations in the spirit of Governor Mickelson's 1990 "Year of Reconciliation" proclamation, and the commission would work to promote understanding, cooperation, and awareness among Native Americans and all races within the state; and

    WHEREAS,  the State of Maine and the Wabnaki tribes, Canada and its indigenous peoples, South Africa, and others have utilized truth and conciliation commissions to expose the truth and to offer healing to those affected by past government acts; and

    WHEREAS, a truth and healing conciliation commission may be utilized for the following purposes: to take testimony from those affected by past government policies and actions involving Native Americans; to identify how it impacted lives so that stories will not be lost in U.S. history; to release a comprehensive report focused on the impacts and ongoing effects of policy toward tribes; to provide recommendations on how to begin an official process of

healing, which includes specific ways to address the effects of government policy; and to provide recommendations to the state on how to move toward increased tribal involvement, communication, and respect for each tribe's sovereignty; and

    WHEREAS, the formation of a truth and healing conciliation commission aims to uncover and acknowledge the truth, to create opportunities to heal and learn from that truth, and to collaborate on best practices for moving forward; and

    WHEREAS, truth and conciliation is an ongoing process with commitments from the members of the tribes and their respective governments and state government:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature encourages and supports the formation of a truth and healing conciliation commission to oversee a full explication of past and present policies affecting tribes and their members and chart a path forward for the healing and empowerment of America's original inhabitants.

    Was read the first time and referred to the Committee on State Affairs.

    HCR 1010 Introduced by: Representatives DiSanto, Brunner, Campbell, Dennert, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Haugaard, Howard, Kaiser, Latterell, Livermont, Marty, May, Peterson (Sue), and Rasmussen and Senators Greenfield (Brock), Jensen (Phil), Maher, Monroe, Nelson, Netherton, Russell, Stalzer, Tapio, and Wiik

        A CONCURRENT RESOLUTION, Prohibiting officials and employees of the South Dakota Department of Education and members of the South Dakota Board of Education from joining certain organizations or consortia that may present a conflict of interest.

    WHEREAS, it is the duty of the Legislature to adopt all suitable means to secure to the people the advantages and opportunities of education; and

    WHEREAS, the South Dakota Board of Education and the South Dakota Department of Education were created to assist in that mission; and

    WHEREAS, the South Dakota Board of Education and the officials and employees of the South Dakota Department of Education are first responsible to the citizens of the State of South Dakota; and

    WHEREAS, conflict of interest laws apply to state officers and employees who approve, award, or administer any contract as referenced in the South Dakota Bureau of Human Resource Employee Handbook; and

    WHEREAS, the Smarter Balanced Assessment Consortium requires officials of the South Dakota Department of Education to bind the State of South Dakota to the decisions of the organization as a condition of membership on the governing board:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature does hereby declare it a conflict of interest for the secretary of education, members of the Board of Education, any employee of the Department of Education, or any other government official to participate in any organization or consortium that can exercise control over any aspect of education in the State of South Dakota.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    House Committee on Appropriations on HB 1176 as found on page 425 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 28: FOR AN ACT ENTITLED, An Act to revise the exceptions to presumptive probation.

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

    SB 124: FOR AN ACT ENTITLED, An Act to repeal the authority for the Department of Social Services to enter agreements related to the Refugee Act of 1980 and to require certain reports regarding services provided to and arrival of refugees.

    Was read the first time and referred to the Committee on State Affairs.

    SB 142: FOR AN ACT ENTITLED, An Act to provide for certain updates and reports concerning research data and methods used to assess agricultural land.

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

    SB 147: FOR AN ACT ENTITLED, An Act to establish a rate-setting methodology for services delivered by community-based health and human services providers.

    Was read the first time and referred to the Committee on Health and Human Services.



SECOND READING OF CONSENT CALENDAR ITEMS

    SB 12: FOR AN ACT ENTITLED, An Act to revise certain provisions administered by the Department of Agriculture related to nursery stock, conservation, forestry, and farm mediation.

    Was read the second time.

    The question being "Shall SB 12 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

    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 13: FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning potato grades and standards.

    Was read the second time.

    The question being "Shall SB 13 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

    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 64: FOR AN ACT ENTITLED, An Act to define the term of a vacancy appointment for water development district directors.

    Was read the second time.

    The question being "Shall SB 64 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

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

    Was read the second time.

    The question being "Shall SB 146 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

    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 73: FOR AN ACT ENTITLED, An Act to provide a special tribal veteran license plate for certain motor vehicles.

    Was read the second time.

    The question being "Shall SB 73 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson


    Excused:
Carson; McPherson

    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 1211: FOR AN ACT ENTITLED, An Act to provide for a grace period after the expiration of a permit and a warning ticket for carrying a concealed pistol while in possession of an expired permit.

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

1211fb

    Rep. Brunner moved that HB 1211 be amended as follows:

    On page 1, after line 13 of the printed bill, insert:

"    Section 2. That the code be amended by adding a NEW SECTION to read:

    The grace period provided in section 1 of this Act does not apply to any permit holder who committed a crime that would make it unlawful for the permit holder to own or possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied renewal upon application for a reason provided in § 23-7-7.1.".

    Which motion prevailed.

    The question being "Shall HB 1211 pass as amended?"

    And the roll being called:

    Yeas 65, Nays 3, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Chase; Clark; Conzet; DiSanto; Duvall; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson


    Nays:
Campbell; Dennert; Goodwin

    Excused:
Carson; McPherson

    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 1063: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the payment of special assessments.

    Was read the second time.

    The question being "Shall HB 1063 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

    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 1149: FOR AN ACT ENTITLED, An Act to revise the tax on certain telecommunication services and devices.

    Was read the second time.

    The question being "Shall HB 1149 pass as amended?"

    And the roll being called:

    Yeas 44, Nays 24, Excused 2, Absent 0



    Yeas:
Ahlers; Bartling; Beal; Bordeaux; Brunner; Campbell; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Pischke; Qualm; Rasmussen; Reed; Rhoden; Schaefer; Schoenfish; Smith; Soli; Tieszen; Tulson; Wismer; York; Zikmund

    Nays:
Anderson; Bartels; Chase; Clark; Glanzer; Haggar; Heinemann; Holmes; Hunhoff; Johns; Kettwig; Lake; Otten (Herman); Peterson (Kent); Peterson (Sue); Ring; Rounds; Rozum; Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Speaker Mickelson

    Excused:
Carson; McPherson

    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 1159: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of commercial breeding operations.

    Was read the second time.

    The question being "Shall HB 1159 pass as amended?"

    And the roll being called:

    Yeas 55, Nays 12, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Jamison; Jensen (Kevin); Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Pischke; Qualm; Reed; Rhoden; Ring; Rounds; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

    Nays:
Ahlers; Conzet; Howard; Johns; Johnson; Karr; Peterson (Sue); Rasmussen; Rozum; Schaefer; Tieszen; Speaker Mickelson

    Excused:
Carson; Hunhoff; McPherson

    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 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding golf carts on state highways.

    Was read the second time.

    The question being "Shall HB 1117 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; Hunhoff; McPherson

    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 1133: FOR AN ACT ENTITLED, An Act to require each school district to adopt a policy to provide for students with specific learning disabilities.

    Was read the second time.

    Speaker Pro tempore Haggar now presiding.

    The question being "Shall HB 1133 pass as amended?"

    And the roll being called:

    Yeas 50, Nays 18, Excused 2, Absent 0


    Yeas:
Ahlers; Bartels; Beal; Bordeaux; Brunner; Campbell; Clark; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Jamison; Johns; Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Tieszen; Tulson; Wiese; Wismer; York; Zikmund

    Nays:
Anderson; Bartling; Chase; Conzet; Glanzer; Gosch; Hunhoff; Jensen (Kevin); Karr; Otten (Herman); Peterson (Kent); Ring; Rounds; Rozum; Stevens; Turbiville; Willadsen; Speaker Mickelson

    Excused:
Carson; McPherson

    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 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding conflicts of interest for authority, board, or commission members.

    Was read the second time.

1170cb

    Rep. Mickelson moved that HB 1170 be amended as follows:

    On page 8, line 14, of the House Judiciary Committee engrossed bill, after "money" insert "in an amount greater than five thousand dollars".

    On page 9, line 1, delete "or" and insert "and".

    On page 9, line 21, after "other" insert "person".

    On page 9, line 21, after "lives" delete "or" insert "and".

    On page 10, line 15, after "contract" insert ", or unless the person is employed by the party as a board member, executive officer, or other person working for the party in an area related to the contract".

    On page 13, line 9, after "No" insert "board".

    Which motion prevailed.


1170xa

    Rep. Mickelson moved that HB 1170 be further amended as follows:

    On page 11, line 2, of the House Judiciary Committee engrossed bill, delete everything after "dollars" and insert ".".

    On page 11, delete line 3.

    Which motion prevailed.

    The question being "Shall HB 1170 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

    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 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions related to exemptions from licensure for nonresidential mortgage loans.

    Was read the second time.

1179wc

    Rep. Lust moved that HB 1179 be amended as follows:

    On page 1, line 7, of the House Commerce and Energy Committee engrossed bill, after "period" insert "with more than an aggregate of eight million dollars in loans outstanding at any one time".

    On page 1, line 11, after "." insert "The provisions of this section that provide an exemption from licensure for a company apply jointly to every entity in which a person has an equity interest, whether the loan or loans are made by the person individually or through the entity in which the person holds an equity interest.".

    On page 2, line 14, after "dollars" insert ", with no more than eight million dollars in loans outstanding at any one time. The provisions of this subdivision that provide an exemption from licensure for an individual apply jointly to every entity in which the individual has an equity interest, whether the loan or loans are made by the individual or through an entity in which the individual holds an equity interest".

    On page 3, line 8, after "dollars" insert ", with no more than eight million dollars in loans outstanding at any one time. The provisions of this section that provide an exemption from licensure for a person apply jointly to every entity in which the person has an equity interest, whether the loan or loans are made by the person individually or through an entity in which the person holds an equity interest".

    Which motion prevailed.

    The question being "Shall HB 1179 pass as amended?"

    And the roll being called:

    Yeas 40, Nays 28, Excused 2, Absent 0

    Yeas:
Ahlers; Beal; Bordeaux; Brunner; Campbell; Clark; Conzet; DiSanto; Frye-Mueller; Goodwin; Gosch; Hawley; Holmes; Howard; Jensen (Kevin); Johnson; Kaiser; Karr; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Rasmussen; Rhoden; Rounds; Schaefer; Smith; Soli; Steinhauer; Tieszen; Turbiville; Willadsen; Speaker Mickelson

    Nays:
Anderson; Bartels; Bartling; Chase; Dennert; Duvall; Glanzer; Greenfield (Lana); Haggar; Haugaard; Heinemann; Hunhoff; Jamison; Johns; Kettwig; McCleerey; Mills; Qualm; Reed; Ring; Rozum; Schoenfish; Stevens; Tulson; Wiese; Wismer; York; Zikmund

    Excused:
Carson; McPherson

    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 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the approval by the governing board of licenses for alcoholic beverages.

    Was read the second time.

    The question being "Shall HB 1107 pass?"

    And the roll being called:

    Yeas 49, Nays 19, Excused 2, Absent 0

    Yeas:
Ahlers; Bartels; Bartling; Brunner; Campbell; Chase; DiSanto; Duvall; Glanzer; Goodwin; Hawley; Heinemann; Holmes; Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Anderson; Beal; Bordeaux; Clark; Conzet; Dennert; Frye-Mueller; Gosch; Greenfield (Lana); Haggar; Haugaard; Hunhoff; Johns; Karr; Otten (Herman); Peterson (Sue); Pischke; Ring; Smith

    Excused:
Carson; McPherson

    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 1074: FOR AN ACT ENTITLED, An Act to provide for limits on certain out-of-state contributions to ballot question committees.

    Was read the second time.

    The question being "Shall HB 1074 pass as amended?"

    And the roll being called:

    Yeas 50, Nays 18, Excused 2, Absent 0


    Yeas:
Anderson; Bartels; Beal; Bordeaux; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Livermont; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Schaefer; Soli; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Wismer; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Chase; Conzet; Duvall; Haggar; Hawley; Kaiser; Latterell; Lust; Reed; Ring; Rozum; Schoenfish; Smith; Tieszen; Turbiville; York

    Excused:
Carson; McPherson

    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 1141: FOR AN ACT ENTITLED, An Act to provide for a legislative task force to consider certain legislation proposed to revise provisions regarding the initiative and referendum process in South Dakota.

    Was read the second time.

    The question being "Shall HB 1141 pass as amended?"

    And the roll being called:

    Yeas 39, Nays 29, Excused 2, Absent 0

    Yeas:
Anderson; Bartels; Chase; Clark; Conzet; Duvall; Glanzer; Haggar; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lust; Mills; Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Beal; Bordeaux; Brunner; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Kaiser; Karr; Lesmeister; Livermont; Marty; May; McCleerey; Otten (Herman); Peterson (Sue); Pischke; Ring; Smith; Soli; Wismer

    Excused:
Carson; McPherson


    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 1196: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized use of electronic listening or recording devices in classrooms.

    Was read the second time.

    The question being "Shall HB 1196 pass as amended?"

    And the roll being called:

    Yeas 19, Nays 49, Excused 2, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Glanzer; Hawley; Johns; Kettwig; Lesmeister; McCleerey; Ring; Schoenfish; Smith; Soli; Stevens; Tieszen; Wismer; York

    Nays:
Beal; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Lake; Latterell; Livermont; Lust; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

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

    HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding underage prostitution.

    Was read the second time.

    The question being "Shall HB 1143 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

    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 1155: FOR AN ACT ENTITLED, An Act to revise the penalty for aggravated assault with the intent to disfigure the victim.

    Was read the second time.

1155ba

    Rep. Johns moved that HB 1155 be amended as follows:

    On page 1, after line 6 of the House Judiciary Committee engrossed bill, insert:

"

    Assault with intent to cause serious permanent disfigurement as set forth in this section may be charged in the alternative as aggravated assault, as set forth in § 22-18-1.1.".

    Which motion prevailed.

    The question being "Shall HB 1155 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; McPherson

    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.

    Speaker Mickelson now presiding.

    Rep. Qualm moved that the balance of the calendar including HB 1090, 1092, 1205, 1206, 1207, 1208, 1209, 1204, 1195, 1185, 1187, 1173, and 1072 and SB 14, 15, 17, 18, 1, 44, 49, 6, 59, 34, 63, 7, 19, 36, 69, 70, 66, 11, 86, 79, and 118 be deferred to Thursday, February 23, the 27th 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 State Affairs respectfully reports that it has had under consideration HB 1129 and returns the same with the recommendation that said bill be amended as follows:

1129bb

    On page 1, line 6 of the printed bill, after "Safety" insert "and the Office of the Secretary of State".

    On page 2, line 5, delete everything after ".".

    On page 2, delete line 6.

    On page 2, after line 10, insert:

"    Section 5. That the code be amended by adding a NEW SECTION to read:

    Sections 1 to 4, inclusive, of this Act are repealed when the United States federal government creates a federal identification card that all United States citizens may apply for and any information obtained in the issuance of a federal identification card is maintained solely by the United States government.".

    And that as so amended said bill do NOT pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1203, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1203ka

    On page 1, line 10, of the printed bill, after "children" insert ", provided that neither parent has abandoned the children nor been physically absent for the past ninety days".

    On page 1, line 11, after "time" insert "with the children spending no less than one hundred seventy days and nights in each parent's home".

    On page 1, line 14, delete "25-4A-27" and insert "25-4A-5".

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

    On page 2, line 3, delete everything before "." and insert "determine the appropriate physical care, custody, and control of a minor child based on a determination of the best interests of the child".

    On page 2, line 10, after "." insert "The court may modify the parenting plan based upon the best interest of the child, including the days and nights the child will spend in each parent's home. However, the modification should adhere as closely to one hundred seventy days and nights spent in each parent's home as possible.".

    On page 2, after line 17, insert:

"    Section 5. That the code be amended by adding a NEW SECTION to read:


    The court may order a psychological evaluation of either parent, and the results of the evaluation may be taken into account for the determination of physical custody pursuant to section 2 of this Act.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    This Act does not constitute a substantial change in circumstances justifying the modification of existing custody orders, but the provisions shall apply to modification proceedings which are otherwise properly before the court.".

    And that as so amended said bill do NOT pass.

Respectfully submitted,
Mike Stevens, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1081 and 1088 were delivered to his Excellency, the Governor, for his approval at 10:20 a.m., February 22, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1061 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding consent for correspondence through electronic mail by enrolled customers of portable electronics.

    And signed the same in the presence of the House.


COMMEMORATIONS

    HC 1019 Introduced by: Representatives Johnson and Tieszen

        A LEGISLATIVE COMMEMORATION, Honoring Excellence in Computer Programming Inc., a South Dakota corporation, for hosting the 2017 World Finals of the Association for Computing Machinery (ACM) International Collegiate Programming Contest (ICPC) on behalf of the South Dakota School of Mines and Technology, the city of Rapid City, and the state of South Dakota.

    WHEREAS, this prestigious Olympic-style collegiate competition will be held in Rapid City and include the South Dakota School of Mines and Technology, Mount Rushmore Memorial, Crazy Horse Memorial, and Sanford Underground Research Facility from May 20-25, 2017; and

    WHEREAS, the 133 three-person teams that participate in the ICPC World Finals in Rapid City were selected from more than 46,000 university computer science students at nearly 3,000 universities in more than 100 countries on six continents, demonstrating proficiency in the development of computer programming reliability to strengthen cyber security; and

    WHEREAS, the South Dakota School of Mines and Technology student computer programming team has been selected to compete in this 2017 World Finals competition and will be joined by the University of South Dakota student computer programming team; and

    WHEREAS, Excellence in Computer Programming, Inc. has raised more than $600,000 in funds to support the 2017 ICPC World Finals in Rapid City with an estimated economic impact of $4.2 million for South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature expresses respect and congratulations to Excellence in Computer Programming, Inc., on behalf of the South Dakota School of Mines and Technology, the city of Rapid City, and the state of South Dakota, for serving as the host for the 2017 World Finals of the ACM International Collegiate Programming Contest.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 6:06 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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