JOURNAL OF THE HOUSE

NINETY-FIRST SESSION




TWENTY-FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 16, 2016

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

    The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge of Allegiance led by House pages Andee Arnoldy and Lauren Rink.

    Roll Call: All members present except Rep. Kaiser who was 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 twentieth day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Dean Wink, Chair

    Which motion prevailed.
HONORED GUESTS

    Speaker Wink introduced the Honorable Kristi Noem, United States Representative from South Dakota, who spoke briefly.

    Speaker Wink introduced Tanya Olson, a member of the Custer School District Board of Education, as the Associated School Boards of South Dakota Outstanding School Board Member for 2015.

    Speaker Wink introduced Yankton School District Board of Education, as the Associated School Boards of South Dakota Outstanding School Board for 2015.

COMMUNICATIONS AND PETITIONS

February 12, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 12, 2016, I approved House Bills 1003, 1016, 1018, 1019, 1020, 1021, 1022, 1030, 1034, 1035, 1036, 1037, 1038, 1040, 1041, 1049, 1050, 1052, 1057, 1058, and 1062, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1179 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1204 and returns the same with the recommendation that said bill be amended as follows:


1204fa

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

"    Section 1. That chapter 10-45 be amended by adding a NEW SECTION to read:

    There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the gross receipts from sales of tangible personal property, any product transferred electronically, and services to any nonprofit corporation created for the purpose of fire protection that is controlled by any political subdivision of this state.

    Section 2. That chapter 10-46 be amended by adding a NEW SECTION to read:

    There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the purchases of tangible personal property, any product transferred electronically, and services by any nonprofit corporation created for the purpose of fire protection that is controlled by any political subdivision of this state."

1204fta

    On page 1, line 1, of the printed bill, after "sales" insert "and use".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1177 and returns the same with the recommendation that said bill be amended as follows:

1177fb

    On page 2, line 18 of the printed bill, overstrike "on".

    On page 2, line 19, overstrike "or".

    On page 2, line 19, delete "that produces power for the first time after".

    On page 2, line 20, delete "June 30, 2016".

    On page 3, line 5, delete "producing power for the first time after June 30, 2016".

    On page 3, line 16, delete "or a solar facility producing power for the first time after June 30,".

    On page 3, line 17, delete "2016,".
    On page 3, line 17, remove the overstrikes from "wind".

    On page 3, line 18, remove the overstrikes from the first "farm".

    On page 3, line 18, delete the first "renewable facility".

    On page 3, line 18, after "." insert "Any company owning or holding under lease, or otherwise, real or personal property used, or intended for use, as a solar facility, shall pay an annual tax of $.00090 per kilowatt hour of electricity produced by the solar facility.".

    On page 3, line 20, overstrike "wind farm" and insert "renewable facility".

    On page 3, after line 24, insert:

"    Section 5. That § 10-35-20 be amended to read:

    10-35-20. The secretary shall deposit the tax imposed by §§ 10-35-18, 10-35-19, and 10-35-19.1 into the wind energy renewable facility tax fund. There is created in the state treasury the wind energy renewable facility tax fund.

    Section 6. That § 10-35-21 be amended to read:

    10-35-21. The secretary shall distribute all of the tax deposited in the wind energy renewable facility tax fund pursuant to § 10-35-18 and twenty percent of the tax deposited in the wind energy renewable facility tax fund pursuant to §§ 10-35-19 and 10-35-19.1 to the county treasurer where the wind farm renewable facility is located. If a wind farm renewable facility is located in more than one county, each county shall receive the same percentage of the tax as the percentage of wind towers or solar facilities in the wind farm renewable facility located in the county. Upon receipt of the taxes, the county auditor shall apportion the tax among the school districts, the county, and the organized townships where a wind tower or solar facility is located. The tax shall be apportioned by the county auditor by allocating fifty percent of the tax to the school district where each wind tower or solar facility is located, fifteen percent to the organized township where each wind tower or solar facility is located, and thirty-five percent to the county. If a wind tower or solar facility is located in a township that is not organized, the unorganized township's share of the tax for that wind tower or solar facility is allocated to the county. The secretary shall distribute the money to the counties on or before the first day of May. Any remaining revenue in the wind energy renewable facility tax fund shall be deposited in the state general fund. ".


    And that as so amended said bill do pass.

Respectfully submitted,
Tona Rozum, Vice-Chair


Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 7 and 85 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1007 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Justin R. Cronin, Co-Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1180 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1206 and returns the same with the recommendation that said bill be amended as follows:

1206fa

    On page 1, line 7, of the printed bill, delete everything after "may" and insert "only be used by a person who is at least eighteen years of age in the hunting of".

    And that as so amended said bill do pass.

Respectfully submitted,
Lee Qualm, Chair



Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1181 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Leslie Heinemann, Vice-Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1106, which was reconsidered, and returns the same with the recommendation that said bill be referred to the Committee on Taxation.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1156 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Kristin A. Conzet, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1087, 1089, and 1113 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 120 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary


MOTIONS AND RESOLUTIONS

    HCR 1013: A CONCURRENT RESOLUTION, Recognizing the positive economic impact sportsmen and women have in South Dakota.

    Rep. Hawley moved that HCR 1013 as found on page 379 of the House Journal be adopted.

    The question being on Rep. Hawley's motion that HCR 1013 be adopted.

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
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 (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Kaiser; Munsterman

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on HB 1141 as found on page 376 of the House Journal; also

    Joint Committee on Appropriations on HB 1201 as found on page 377 of the House Journal; also

    Local Government on HB 1106 as found on page 394 of the House Journal be adopted.

    Which motion prevailed.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Russell requested that HB 1127 be removed from the Consent Calendar.

    Which request was granted.

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

    Was read the second time.

    The question being "Shall HB 1212 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
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 (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Kaiser; Munsterman

    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 1151: FOR AN ACT ENTITLED, An Act to require legislative approval of certain land acquisitions by the Department of Game, Fish and Parks.

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

    The question being "Shall HB 1151 pass?"

    And the roll being called:

    Yeas 23, Nays 45, Excused 2, Absent 0

    Yeas:
Brunner; Campbell; Craig; DiSanto; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Hunt; Killer; Klumb; Langer; Latterell; Marty; May; McCleerey; Qualm; Russell; Schaefer; Schrempp; Soli; Stalzer; Wiik

    Nays:
Anderson; Bartling; Beal; Bolin; Bordeaux; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson; Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kirschman; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenbeck; Schoenfish; Sly; Solum; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Kaiser; Munsterman

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

    HB 1202: FOR AN ACT ENTITLED, An Act to provide access to abandoned cemeteries and private burying grounds

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

    Rep. Stalzer moved that HB 1202 be laid on the table.

    The question being on Rep. Stalzer's motion that HB 1202 be laid on the table.

    And the roll being called:

    Yeas 66, Nays 2, Excused 2, Absent 0


    Yeas:
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 (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kirschman; Klumb; Langer; Latterell; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Killer; Marty

    Excused:
Kaiser; Munsterman

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1202 was tabled.

    HB 1182: FOR AN ACT ENTITLED, An Act to increase the state sales tax, the state use tax, the excise tax on farm machinery, and amusement device tax for the purpose of increasing education funding and reducing property taxes, and to declare an emergency.

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

    The question now being on Rep. Partridge's pending motion to amend HB 1182 as found on page 364 of the House Journal.

    Rep. Schoenbeck requested that Joint Rule 5-17 be invoked on HB 1182.

    Which request was supported and HB 1182 with Rep. Partridge's pending motion to amend was deferred until Thursday, February 18, the 23rd legislative day.

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

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

    Rep. Gosch moved that HB 1169 be deferred to Wednesday, February 17, the 22nd legislative day.

    Which motion prevailed.


    HB 1118: FOR AN ACT ENTITLED, An Act to limit the amount of instructional time that may be spent administering statewide academic assessments.

    Was read the second time.

    The question being "Shall HB 1118 pass?"

    And the roll being called:

    Yeas 66, Nays 1, Excused 3, Absent 0

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

    Nays:
Rasmussen

    Excused:
Deutsch; Kaiser; Munsterman

    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 1110: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.

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

    Rep. Gosch moved the previous question.

    Which motion prevailed.

    The question being "Shall HB 1110 pass?"

    And the roll being called:

    Yeas 53, Nays 14, Excused 3, Absent 0


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

    Nays:
Brunner; Campbell; Conzet; DiSanto; Harrison; Haugaard; Latterell; Marty; May; Otten (Herman); Russell; Stalzer; Werner; Wiik

    Excused:
Deutsch; Kaiser; Munsterman

    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 1164: FOR AN ACT ENTITLED, An Act to provide for a special interest motor vehicle license plate for certain vehicles under certain conditions.

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

    The question being "Shall HB 1164 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Deutsch; Kaiser; Munsterman

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


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

    Was read the second time.

    Rep. Gosch moved that HB 1213 be deferred to Wednesday, February 17, the 22nd legislative day.

    Which motion prevailed.

    HB 1214: FOR AN ACT ENTITLED, An Act to regulate conflicts of interest for authority, board, or commission members.

    Was read the second time.

1214sb

    Rep. Mickelson moved that HB 1214 be amended as follows:

    On page 7 of the House State Affairs Committee engrossed bill, delete line 20.

    On page 7, line 21, delete "(22)" and insert "(21)".

    On page 7, line 22, delete "(23)" and insert "(22)".

    Which motion prevailed.

    The question being "Shall HB 1214 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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


    Excused:
Deutsch; Kaiser; Munsterman

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

    Was read the second time.

    The question being "Shall HB 1189 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Deutsch; Kaiser; Munsterman

    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 1121: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the regulation of vehicle dealers.

    Was read the second time.

    The question being "Shall HB 1121 pass as amended?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


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

    Excused:
Deutsch; Kaiser

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

    HB 1116: FOR AN ACT ENTITLED, An Act to authorize municipalities to impose an additional sales and use tax for a limited period of time for a specified use.

    Was read the second time.

    Rep. Gosch moved that HB 1116 be deferred to Wednesday, February 17, the 22nd legislative day.

    Which motion prevailed.

    HB 1140: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding county zoning.

    Was read the second time.

1140ya

    Rep. Mickelson moved that HB 1140 be amended as follows:

    On page 1, line 6, of the printed bill, delete "minor amendment" and insert "changes".

    On page 1, line 6, after "." insert "Consideration of any changes to the proposed amendment, supplement, change, modification, or repeal may only be done if the time and place of the hearing is published at least ten days in advance in a legal newspaper of the municipality.".



1140oa

    Rep. Schoenbeck moved as a substitute motion that HB 1140 be amended as follows:

    On page 1, line 5, of the printed bill, delete "or without" and insert "no material change".

    On page 1, line 6, delete "minor amendment".

    On page 2, delete lines 16 to 24, inclusive.

    Delete pages 3 to 5, inclusive

    Which Rep. Schoenbeck's motion lost.

    Rep. Mickelson's motion prevailed.

    The question being "Shall HB 1140 pass as amended?"

    And the roll being called:

    Yeas 51, Nays 18, Excused 1, Absent 0

    Yeas:
Anderson; Beal; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Klumb; Langer; Latterell; Marty; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Bartling; Bolin; Bordeaux; Feickert; Gibson; Haugaard; Hawks; Hawley; Killer; Kirschman; May; McCleerey; Rasmussen; Ring; Russell; Schoenbeck; Schrempp; Soli

    Excused:
Kaiser

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Rep. Gosch moved that the balance of the calendar including SB 27, 28, 2, 12, 13, 15, 103, and 34 be deferred to Wednesday, February 17, the 22nd legislative day.

    Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1025, 1027, 1033, 1039, 1056, 1063, 1066, 1100, 1101, and 1103 were delivered to his Excellency, the Governor, for his approval at 10:35 a.m., February 16, 2016.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1087, 1089, and 1113 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1087: FOR AN ACT ENTITLED, An Act to repeal the requirement of a certain public election notice.

    HB 1089: FOR AN ACT ENTITLED, An Act to revise provisions for accumulation of funds for certain municipal enterprises.

    HB 1113: FOR AN ACT ENTITLED, An Act to exempt from the excise tax on motor vehicles the transfer of motor vehicles to a nonprofit organization under certain conditions.


    SB 10: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the renovation and construction of an addition to Harding Hall on the campus of South Dakota State University and to make an appropriation therefor.

    SB 11: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase land from the Dakota State University Foundation for the use and benefit of Dakota State University in Madison, to make an appropriation therefor, and to declare an emergency.

    SB 14: FOR AN ACT ENTITLED, An Act to revise certain administrative provisions and repeal certain obsolete provisions concerning the South Dakota Retirement System.

    SB 18: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

    SB 20: FOR AN ACT ENTITLED, An Act to revise certain provisions related to behavioral health.

    SB 68: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to revise solid waste management program recycling provisions, to revise water and environment fund loan terms, and to declare an emergency.

    And signed the same in the presence of the House.

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 4:47 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk