The prayer was offered by the Chaplain, Pastor J. P. Mosley, Jr., followed by the Pledge
of Allegiance led by House pages Miranda Stadel and Erica Venhuizen.
Roll Call: All members present except Reps. Feickert, Hawks, Langer, Munsterman, Otten,
Schaefer, Schoenbeck, Schrempp, and Verchio who were excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the sixteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 6, 2015, I approved House Bill 1045 and the
same has been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on Education respectfully reports that it has had under consideration
HB 1100 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1137 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1147 and returns the same with the recommendation that said bill be referred to the
Committee on Appropriations.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1172 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1155, 1176, and 1179 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1144 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1048 and 1189 and SB 46 and returns the same with the recommendation that said bills do
pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1188 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1191 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1192 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 43 and returns the same with the recommendation that said bill be amended as follows:
" Section 1. That § 1-16A-93 be amended to read as follows:
1-16A-93. Beginning July 1, 2013, any bonds, notes or other obligations of the authority
which are payable out of receipts, rentals, and other payments made pursuant to lease purchase
agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the
Lake Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of
Education under the authority of chapter 13-39 may only be issued if the Board of Education
determines, by the adoption of a resolution, that the estimated receipts, rentals, and other
payments, including appropriations by the Legislature, student fee payments, or other balances
or revenues pledged under the applicable bond indenture or similar agreement will not be less
than one hundred three percent of the projected scheduled payments of principal and interest on
all outstanding bonds which, for purposes of that determination shall include the proposed
bonds to be issued and shall exclude any bonds to be refunded. Proposed issuance of obligations
must comply with sections 4 and 5 of this Act. The South Dakota Board of Education must
approve the issuance of additional obligations prior to submission to the Legislature. In issuing
additional bonds, the authority may conclusively rely upon the determination of the board.
1-16A-95. Beginning on July 1, 2013, the issuance of any additional bonds, notes, or other
obligations of the authority which are payable out of receipts, rentals, and other payments made
pursuant to lease purchase agreements with the Western Dakota Technical Institute, the
Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical
Institute, or the South Dakota Board of Education under the authority of chapter 13-39 shall be
approved by the Legislature before issuance. The South Dakota Board of Education must
approve the issuance of additional bonds, notes, or other obligations prior to submission to the
Legislature in accordance with §§ 1-16A-93 and 1-16A-94 and applicable administrative rules.
This requirement, however, does not apply to the issuance of bonds for the purposes of
refinancing or refunding existing bonds, notes, or other obligations. ".
" Section 2. The total principal amount of debt outstanding through the South Dakota Building
Authority and the vocational education program of the South Dakota Health and Educational
Facilities Authority may not exceed one and two-tenths percent of South Dakota's gross
domestic product for the most recently completed calendar year as calculated by the United
States Bureau of Economic Analysis.
Section 3. The total annual debt service payments of the South Dakota Building Authority
and the vocational education program of the South Dakota Health and Educational Facilities
Authority may not exceed four percent of the total ongoing general fund receipts for the most
recently completed state fiscal year.".
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1103 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1094 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1105 and returns the same with the recommendation that said bill be amended
as follows:
" Any independent contractor who is not an employer or a general contractor and is not
covered under a workers' compensation insurance policy may sign an affidavit of exempt status
under the South Dakota Workers' Compensation Law. Not withstanding the provisions of § 62-3-10, the affidavit of exempt status creates a rebuttable presumption that the affiant is not an
employee for the purposes of the South Dakota Workers' Compensation Act and the person
possessing the affidavit is not liable for a workers' compensation claim made by the affiant or
any subcontractor of the affiant.".
On page 2, after line 8, insert:
" Section 4. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as
follows:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1174 which was tabled.
I have the honor to return herewith HCR 1004 in which the Senate has concurred.
I have the honor to transmit herewith SB 39, 57, 66, 80, 85, 94, 111, and 161 which have
passed the Senate and your favorable consideration is respectfully requested.
HOUSE PAGE RESOLUTION 2 Introduced by: Representatives Anderson; Bartling;
Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden;
Duvall; Feickert; Gibson; Gosch; Greenfield, Lana; Haggar, Don; Harrison; Haugaard; Hawks;
Hawley; Heinemann; Hickey; Holmes; Hunhoff, Jean; Hunt; Jensen, Alex; Johns; Kaiser;
Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman;
Novstrup, Al; Otten, Herman; Partridge; Peterson, Kent; Qualm; Rasmussen; Ring; Romkema;
Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum;
Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wink; Wollmann;
Zikmund.
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Ninetieth Legislature of the State of South Dakota to Rachel Chester, Olivia Edoff,
Bryce Engbarth, Rachel Evangelisto, Taylor Faw, Michael Greenfield, Jon Haugaard,
Megan Kass, Chelsie Lomheim, Seth Schamens, Jordon Silbernagel, Miranda Stadel, Erica
Venhuizen.
WHEREAS, the above named served loyally as pages for the House of Representatives of
the Ninetieth Legislative Session; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the
Ninetieth Legislature of the State of South Dakota, that a personal copy of this resolution be
duly certified and furnished to each page on this last day of service.
Rep. Stevens moved that House Page Resolution 2 be adopted.
Which motion prevailed and the resolution was adopted.
HB 1161 be referred from the Committee on State Affairs to the Committee on Education;
HB 1168 be referred from the Committee on State Affairs to the Committee on Commerce
and Energy;
HB 1183 be referred from the Committee on State Affairs to the Committee on Local
Government;
HB 1203 be referred from the Committee on State Affairs to the Committee on Agriculture
and Natural Resources;
HB 1206 be referred from the Committee on State Affairs to the Committee on Local
Government;
HB 1228 be referred from the Committee on State Affairs to the Committee on
Appropriations; and
HB 1230 be referred from the Committee on State Affairs to the Committee on Health and
Human Services.
Which motion prevailed.
The Speaker declared that HB 1156 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
SB 39: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to
disasters in the state and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 57: FOR AN ACT ENTITLED, An Act to authorize and regulate the playing of craps,
roulette, and keno within the city limits of the city of Deadwood.
Was read the first time and referred to the Committee on State Affairs.
SB 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
county renaming process.
Was read the first time and referred to the Committee on State Affairs.
SB 80: FOR AN ACT ENTITLED, An Act to increase the selling price of a towed vehicle
that exempts the seller of the vehicle from certain vehicle dealer licensing requirements.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 85: FOR AN ACT ENTITLED, An Act to repeal certain requirements regarding the
handlebar height on motorcycles.
Was read the first time and referred to the Committee on Transportation.
SB 94: FOR AN ACT ENTITLED, An Act to establish a license fee for electric-powered
motorcycles.
Was read the first time and referred to the Committee on Transportation.
SB 111: FOR AN ACT ENTITLED, An Act to repeal the provision that invalidates
absentee ballots cast by voters who died before the date of the election.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on Local Government.
HB 1121: FOR AN ACT ENTITLED, An Act to authorize township boards to establish
speed zones on township roads.
Was read the second time.
The question being "Shall HB 1121 pass?"
And the roll being called:
Yeas 61, Nays 0, Excused 9, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; McCleerey; Mickelson;
Novstrup (Al); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds;
Rozum; Russell; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik;
Willadsen; Wollmann; Zikmund; Speaker Wink
Excused:
Feickert; Hawks; Langer; Munsterman; Otten (Herman); Schaefer; Schoenbeck; Schrempp;
Verchio
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 1135: FOR AN ACT ENTITLED, An Act to expand certain bonding provisions
regarding local government officials and employees.
Was read the second time.
The question being "Shall HB 1135 pass?"
And the roll being called:
Yeas 61, Nays 0, Excused 9, Absent 0
Excused:
Feickert; Hawks; Langer; Munsterman; Otten (Herman); Schaefer; Schoenbeck; Schrempp;
Verchio
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 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
administration of unlocatable mineral, leasehold, or royalty interests.
Was read the second time.
The question being "Shall HB 1136 pass?"
And the roll being called:
Yeas 61, Nays 0, Excused 9, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; McCleerey; Mickelson;
Novstrup (Al); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds;
Rozum; Russell; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik;
Willadsen; Wollmann; Zikmund; Speaker Wink
Excused:
Feickert; Hawks; Langer; Munsterman; Otten (Herman); Schaefer; Schoenbeck; Schrempp;
Verchio
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.
Was read the second time.
The question being "Shall SB 19 pass?"
And the roll being called:
Yeas 61, Nays 0, Excused 9, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; McCleerey; Mickelson;
Novstrup (Al); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds;
Rozum; Russell; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik;
Willadsen; Wollmann; Zikmund; Speaker Wink
Excused:
Feickert; Hawks; Langer; Munsterman; Otten (Herman); Schaefer; Schoenbeck; Schrempp;
Verchio
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 20: FOR AN ACT ENTITLED, An Act to revise the age that a manufactured home or
mobile home will be considered real property.
Was read the second time.
The question being "Shall SB 20 pass as amended?"
And the roll being called:
Yeas 61, Nays 0, Excused 9, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; McCleerey; Mickelson;
Novstrup (Al); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds;
Rozum; Russell; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik;
Willadsen; Wollmann; Zikmund; Speaker Wink
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 21: FOR AN ACT ENTITLED, An Act to revise the income guidelines for the
paraplegic property tax relief program.
Was read the second time.
The question being "Shall SB 21 pass?"
And the roll being called:
Yeas 61, Nays 0, Excused 9, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; McCleerey; Mickelson;
Novstrup (Al); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds;
Rozum; Russell; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik;
Willadsen; Wollmann; Zikmund; Speaker Wink
Excused:
Feickert; Hawks; Langer; Munsterman; Otten (Herman); Schaefer; Schoenbeck; Schrempp;
Verchio
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 1145: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
payment of salary and compensation to legislators.
Was read the second time.
The question being "Shall HB 1145 pass?"
And the roll being called:
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; McCleerey; Mickelson;
Novstrup (Al); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds;
Rozum; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik;
Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Russell
Excused:
Feickert; Hawks; Langer; Munsterman; Otten (Herman); Schaefer; Schoenbeck; Schrempp;
Verchio
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 certain provisions regarding the
setting of the salary of legislators.
Was read the second time.
The question being "Shall HB 1149 pass?"
And the roll being called:
Yeas 51, Nays 10, Excused 9, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Conzet; Craig; Cronin; DiSanto; Dryden;
Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawley; Heinemann
(Leslie); Hickey; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb;
Latterell; Mickelson; Novstrup (Al); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring;
Romkema; Rozum; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra;
Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Campbell; Deutsch; Duvall; Holmes; Kaiser; Marty; May; McCleerey; Rounds; Russell
Excused:
Feickert; Hawks; Langer; Munsterman; Otten (Herman); Schaefer; Schoenbeck; Schrempp;
Verchio
Rep. Gosch moved that the balance of the calendar including HB 1080, 1128, 1129, 1089,
1113, and 1122 and SB 61, 34, 14, 15, and 18 be deferred to Monday, February 9, the
18th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1012, 1016, 1017,
1018, and 1019 were delivered to his Excellency, the Governor, for his approval at 9:48 a.m.,
February 6, 2015.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1026 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
Department of Labor and Regulation.
And signed the same in the presence of the House.
HC 1012 Introduced by: Representatives Tulson, Anderson, Bartling, Bordeaux, Campbell,
Cronin, Deutsch, DiSanto, Duvall, Feickert, Gibson, Gosch, Greenfield (Lana), Harrison,
Haugaard, Hawks, Hawley, Hickey, Holmes, Hunhoff (Jean), Hunt, Johns, Kaiser, Killer,
Kirschman, Langer, Latterell, May, McCleerey, Mickelson, Munsterman, Novstrup (Al), Otten
(Herman), Partridge, Peterson (Kent), Qualm, Rasmussen, Ring, Rounds, Russell, Schoenbeck,
Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Stevens, Westra, Wollmann, and Zikmund and
Senators Greenfield (Brock), Cammack, Ewing, Frerichs, Heinert, Holien, Hunhoff (Bernie),
Lederman, Monroe, Novstrup (David), Otten (Ernie), Parsley, Peters, Peterson (Jim), Rusch,
Soholt, Sutton, Tidemann, Tieszen, Van Gerpen, and White