House of Representatives Journal 3/7/2016 02:00 PM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION

THIRTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 7, 2016

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

The prayer was offered by the Chaplain, Pastor John Armstrong, followed by the Pledge of Allegiance led by House pages Bridget Dekam and Matthew Esche.

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 thirty-second 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.

The oath of office was administered by Speaker Wink to the following named pages:

Bridget Dekam, Kaiden Dorris, Matthew Esche, Kaitlyn Hague, Jared Hueser, Olivia Rasmussen, Leonard Red Hair.

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

March 7, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 7, 2016, I approved House Bills 1065 and 1164, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 7, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 7, 2016, I approved House Bills 1004, 1007, 1024, 1047, 1069, 1071, 1083, 1092, 1095, 1104, 1121, 1123, and 1179, 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 House Committee on Appropriations respectfully reports that it has had under consideration SB 159 which was tabled.

Respectfully submitted,
Justin R. Cronin, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 124, 125, 126, 143, and 162 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 SB 140 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 158 and 169 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill be amended as follows:

168ra

On page 2 of the printed bill, delete lines 7 to 10, inclusive.

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 SB 21 and 130 which were tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 154 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
G. Mark Mickelson, Chair

REPORTS OF CONFERENCE COMMITTEES

cc132a

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 132 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the SB 132 be amended as follows:

132cd

On page 5, line 1, of the House engrossed bill, overstrike "over one million dollars".

Respectfully submitted,                Respectfully submitted,
Justin Cronin                        Deb Peters
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1042, 1045, 1099, 1127, 1132, 1153, 1167, 1177, 1204, 1224, and 1243 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1139 was tabled.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1077, 1112, and 1225 were indefinitely postponed by the Senate .

Also MR. SPEAKER:

I have the honor to return herewith HB 1094 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Mickelson moved that the House do concur in Senate amendments to HB 1140.

The question being on Rep. Mickelson's motion that the House do concur in Senate amendments to HB 1140.

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Anderson; Beal; Brunner; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Klumb; Langer; 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; Campbell; Feickert; Gibson; Hawks; Hawley; Killer; Kirschman; Latterell; May; McCleerey; Rasmussen; Ring; Russell; Schoenbeck; Schrempp; Soli

Excused:
Kaiser

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. Westra moved that the House do concur in Senate amendments to HB 1238.

The question being on Rep. Westra's motion that the House do concur in Senate amendments to HB 1238.

And the roll being called:

Yeas 67, Nays 2, Excused 1, 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; Johns; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Jensen (Alex); Russell

Excused:
Kaiser

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. Gosch moved that the House Committee on Appropriations be instructed to deliver SB 159 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Johns moved that the Committee on State Affairs be instructed to deliver SB 140 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Gosch moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall SB 104 pass as amended?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, 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; Munsterman; Novstrup (Al); Otten (Herman); Peterson (Kent); Qualm; Rasmussen; 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; Mickelson; Partridge; Ring

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

SB 107: FOR AN ACT ENTITLED, An Act to clarify certain safety zone restrictions on hunting.

Was read the second time.

The question being "Shall SB 107 pass as amended?"

And the roll being called:

Yeas 40, Nays 29, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; DiSanto; Dryden; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Hawks; Hawley; Jensen (Alex); Killer; Klumb; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Schaefer; Schoenfish; Sly; Soli; Stevens; Werner; Westra; Speaker Wink

Nays:
Deutsch; Gibson; Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Johns; Kirschman; Langer; Latterell; Marty; Otten (Herman); Partridge; Rounds; Rozum; Russell; Schoenbeck; Schrempp; Solum; Stalzer; Steinhauer; Tulson; Verchio; Wiik; Willadsen; Wollmann; Zikmund

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.

Rep. Gosch moved that SB 46 be placed to precede SB 2 on today's calendar.

Which motion prevailed.

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

Was read the second time.

The question being "Shall SB 46 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Russell

Excused:
Kaiser

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.

SB 2: FOR AN ACT ENTITLED, An Act to revise the distribution of the revenue from the alcoholic beverage fund.

Was read the second time.

The question being "Shall SB 2 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; 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:
Kaiser

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.

SB 69: FOR AN ACT ENTITLED, An Act to require accredited schools to accept transfer credits for courses taken by students from other accredited schools during the summer and to declare an emergency.

Was read the second time.

69cc

Rep. Rounds moved that SB 69 be amended as follows:

On page 1, line 10, of the Senate engrossed bill, after "course" insert "and if the student has not already taken the course".

The Speaker, being in doubt of the voice vote, called for a division of the House.

The Speaker declared Rep. Rounds's motion lost.

69cd

Rep. Hawks moved that SB 69 be amended as follows:

On page 1, line 8, of the Senate engrossed bill, before "." insert:

" if the following conditions are met:

(1) The student notifies a school administrator of the transfer credits sought prior to taking the course;

(2) A school administrator determines that the rigor of the coursework for which transfer credit is sought matches that of similar coursework that is offered within the school district; and

(3) The course is not offered outside the regular school term by the school district in which the student is enrolled.

If any of the conditions in this section are not met, a school may refuse to accept the transfer credits".

On page 1, delete lines 9 and 10.

On page 1, line 11, delete everything before "If" .

Which motion lost.

Rep. Gosch moved the previous question.

Which motion prevailed.

The question being "Shall SB 69 pass as amended?"

And the roll being called:

Yeas 40, Nays 29, Excused 1, Absent 0

Yeas:
Beal; Campbell; Conzet; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Peterson (Kent); Romkema; Russell; Schaefer; Schoenbeck; Schoenfish; Sly; Solum; Stalzer; Steinhauer; Stevens; Wollmann; Speaker Wink

Nays:
Anderson; Bartling; Bolin; Bordeaux; Brunner; Craig; Gibson; Hawks; Hawley; Johns; Killer; Kirschman; Klumb; Langer; Partridge; Qualm; Rasmussen; Ring; Rounds; Rozum; Schrempp; Soli; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Zikmund

Excused:
Kaiser

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

Pursuant to Joint Rule 5-13.1, SB 69 was up for immediate reconsideration.

69xa

Rep. Gosch moved that SB 69 be amended as follows:

On page 2 of the Senate engrossed bill, delete lines 2 to 4, inclusive.

Which motion prevailed.

The question being "Shall SB 69 pass as amended?"

And the roll being called:

Yeas 35, Nays 33, Excused 2, Absent 0

Yeas:
Beal; Conzet; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Latterell; Marty; May; Mickelson; Novstrup (Al); Otten (Herman); Peterson (Kent); Romkema; Russell; Schaefer; Schoenbeck; Schoenfish; Sly; Solum; Stalzer; Steinhauer; Stevens; Wollmann; Speaker Wink

Nays:
Anderson; Bartling; Bolin; Bordeaux; Brunner; Campbell; Craig; Feickert; Gibson; Greenfield (Lana); Hawks; Hawley; Johns; Killer; Kirschman; Klumb; Langer; McCleerey; Partridge; Qualm; Rasmussen; Ring; Rounds; Rozum; Schrempp; Soli; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Zikmund

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.

SB 129: FOR AN ACT ENTITLED, An Act to establish certain suicide awareness and prevention training requirements for certain school employees based on the Jason Flatt Act.

Was read the second time.

The question being "Shall SB 129 pass as amended?"

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

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

Nays:
Beal; Conzet; Cronin; Dryden; Jensen (Alex); Langer; Partridge; Romkema; Schoenbeck; Stevens; Verchio

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.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sentencing and supervision of prison inmates and parolees with suspended sentences.

Was read the second time.

The question being "Shall SB 31 pass?"

And the roll being called:

Yeas 67, Nays 1, 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Russell

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.

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

Was read the second time.

The question being "Shall SB 26 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; 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; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Beal; Cronin; Kaiser; Munsterman; Solum

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 133: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding shared services provided by the state to school districts, the sharing of services of school district employees, the classroom innovation grant program, and educator mentoring and certification reciprocity.

Was read the second time.

The question being "Shall SB 133 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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; 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; Langer; 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.

SB 136: FOR AN ACT ENTITLED, An Act to permit certain cropland along lakes, rivers, and streams to be assessed as noncropland.

Was read the second time.

136ja

Rep. Qualm moved that SB 136 be amended as follows:

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:

The Legislature hereby directs the agricultural land assessment implementation and oversight advisory task force to review and study the property assessment and taxability of riparian buffer strips along lakes, rivers, and streams during the 2016 interim. The agricultural land assessment implementation and oversight advisory task force shall present its findings and

recommendations to the Executive Board of the Legislative Research Council at its last meeting prior to the 2017 Legislative Session.

Section 2. This Act shall be repealed on June 30, 2017."

Rep. Gosch moved the previous question.

Which motion prevailed.

Rep. Schoenbeck called for a division of the House.

The question being on Rep. Qualm's motion that SB 136 be amended.

And the roll being called:

Yeas 18, Nays 49, Excused 3, Absent 0

Yeas:
Beal; Campbell; Cronin; Dryden; Duvall; Haggar (Don); Haugaard; Jensen (Alex); May; Novstrup (Al); Partridge; Peterson (Kent); Qualm; Romkema; Rounds; Sly; Stevens; Verchio

Nays:
Anderson; Bartling; Bolin; Bordeaux; Brunner; Conzet; Craig; Deutsch; DiSanto; Feickert; Gibson; Gosch; Greenfield (Lana); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Johns; Killer; Kirschman; Klumb; Latterell; Marty; McCleerey; Mickelson; Otten (Herman); Rasmussen; Ring; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Kaiser; Langer; Munsterman

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

The question being "Shall SB 136 pass?"

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

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

Nays:
Cronin; Duvall; Haugaard; May; Novstrup (Al); Partridge; Peterson (Kent); Stevens; Verchio

Excused:
Kaiser; Langer; 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.

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

Was read the second time.

Rep. Gosch moved that SB 148 be deferred to Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

SB 152: FOR AN ACT ENTITLED, An Act to enact the Peter Falk Act to ensure visitation of certain protected persons.

Was read the second time.

The question being "Shall SB 152 pass?"

And the roll being called:

Yeas 59, Nays 7, Excused 4, Absent 0

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

Nays:
Conzet; Dryden; Gosch; Hunhoff (Jean); Jensen (Alex); Rozum; Verchio

Excused:
Kaiser; Langer; Munsterman; Westra

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 90: FOR AN ACT ENTITLED, An Act to ensure that members of the public are able to access and record public meetings.

Was read the second time.

The question being "Shall SB 90 pass as amended?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, 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; 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; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Verchio

Excused:
Kaiser; Langer; Munsterman; Westra

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

Was read the second time.

Rep. Gosch moved that SB 131 be deferred to Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

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

Was read the second time.

The question being "Shall SB 64 pass as amended?"

And the roll being called:

Yeas 61, Nays 4, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Killer; Kirschman; Klumb; Latterell; Marty; McCleerey; 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; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Hunt; May; Mickelson; Verchio

Excused:
Cronin; Kaiser; Langer; Munsterman; Westra

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

Was read the second time.

The question being "Shall SB 65 pass as amended?"

And the roll being called:

Yeas 58, Nays 7, Excused 5, Absent 0

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

Nays:
Deutsch; Hunt; Latterell; May; Mickelson; Russell; Verchio

Excused:
Cronin; Kaiser; Langer; Munsterman; Westra

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

Was read the second time.

72re

Rep. Latterell moved that SB 72 be amended as follows:

On page 2, line 11, of the Senate engrossed bill, delete everything after "is" .

On page 2, line 12, delete everything before "." and insert "a medical emergency".

On page 6, line 1, delete everything after "that" .

On page 6, line 2, delete everything before ":" and insert "it is a medical emergency".

On page 6, line 24, overstrike "if there is".

On page 7, line 1, overstrike everything after "~~and~~" .

On page 7, line 2, delete everything before "." and insert "~~preserve the life or health of the mother~~ in the case of a medical emergency".

Which motion prevailed.

Rep. Gosch moved the previous question.

Which motion prevailed.

The question being "Shall SB 72 pass as amended?"

And the roll being called:

Yeas 59, Nays 7, Excused 4, Absent 0

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

Nays:
Bordeaux; Gibson; Hawks; Hawley; Killer; McCleerey; Soli

Excused:
Cronin; Kaiser; Langer; 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.

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

Was read the second time.

100jb

Rep. Mickelson moved that SB 100 be amended as follows:

On page 4, after line 23 of the Senate State Affairs Committee engrossed bill, insert:

" Section 3. That § 1-16G-59 be amended to read:

1-16G-59. The Board of Economic Development shall review the application and make a determination of whether the project shall be approved or disapproved. The board shall consider the likelihood that the project would have occurred without the reinvestment payment. The board may approve a reinvestment payment that is equal to or less than South Dakota sales and use tax paid on the project costs.

The board shall consider the following factors when making that determination:

(1) Has the county or municipality adopted a formula to reduce property taxation for the project for five years under the discretionary formula pursuant to § 10-6-35.2;

(2) Has the county or municipality approved a tax incremental district pursuant to chapter 11-9 for the area where the project will be located;

(3) Has the municipality approved a municipal sales tax refund pursuant § 10-52-10;

(4) Economic activity that may occur in the community, area, and state; ~~and~~

(5) Criteria established by rules promulgated pursuant to § 1-16G-67;

(6) For all broadband applications the award of a reinvestment payment shall be subject to the board determination that the reinvestment payment increases the scope of the project on terms and conditions satisfactory to the board; and

(7) Notwithstanding all of the above, the board shall have the discretion to award or deny a reinvestment payment based on its determination on whether the reinvestment payment will have a positive effect on economic development and job growth. ".

Which motion prevailed.

The question being "Shall SB 100 pass as amended?"

And the roll being called:

Yeas 61, Nays 5, Excused 4, Absent 0

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

Nays:
Anderson; Dryden; Jensen (Alex); Latterell; Romkema

Excused:
Cronin; DiSanto; 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.

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

Was read the second time.

Rep. Gosch moved that SB 81 be deferred to Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

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

Was read the second time.

Rep. Gosch moved that SB 9 be deferred to Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

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

Was read the second time.

Rep. Gosch moved that SB 82 be deferred to Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

SB 44: FOR AN ACT ENTITLED, An Act to classify vehicular homicide as a crime of violence.

Was read the second time.

The question being "Shall SB 44 pass as amended?"

And the roll being called:

Yeas 58, Nays 8, Excused 4, Absent 0

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

Nays:
Brunner; Gosch; Harrison; Langer; Partridge; Rasmussen; Steinhauer; Verchio

Excused:
Cronin; DiSanto; 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.

Rep. Gosch moved that the balance of the calendar including SB 43, 47, 49, 67, 92, 96, 171, 112, and 98 be deferred to Tuesday, March 8, the 34^th 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 House Committee on Appropriations respectfully reports that it has had under consideration SB 159, which was removed from the table, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Justin R. Cronin, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 140, which was removed from the table, and returns the same without recommendation.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the House has, pursuant to the Governor's veto of HB 1008, sustained that veto and delivered the same to her Excellency, the Secretary of State, for filing at 2:45 p.m., March 3, 2016.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1042, 1045, 1099, 1127, 1132, 1153, 1167, 1177, 1204, 1224, and 1243 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 45 and has appointed Sens. Peters, Cammack, and Parsley as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 5, 22, 54, and 58.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HJR 1002 was indefinitely postponed by the Senate.

Respectfully,
Kay Johnson, Secretary

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1042: FOR AN ACT ENTITLED, An Act to establish the trust company receivership and liquidation captive insurance company fund and to make an appropriation therefor.

HB 1045: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

HB 1099: FOR AN ACT ENTITLED, An Act to revise certain campaign finance provisions.

HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning road districts.

HB 1132: FOR AN ACT ENTITLED, An Act to require the submission of sexual assault kits for testing.

HB 1153: FOR AN ACT ENTITLED, An Act to allow parties to agree to resolve an eminent domain dispute by mediation.

HB 1167: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of a suspended imposition of sentence for a misdemeanor and a felony.

HB 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incentives for certain energy facilities.

HB 1204: FOR AN ACT ENTITLED, An Act to provide a sales and use tax exemption for certain nonprofit corporations created for the purpose of fire protection.

HB 1224: FOR AN ACT ENTITLED, An Act to facilitate participation by South Dakota residents in an ABLE savings program.

HB 1243: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized sharing of certain private images on the internet.

SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Executive Board of the Legislative Research Council.

SB 3: FOR AN ACT ENTITLED, An Act to revise the income criteria for determining if property is classified as agricultural land for property tax purposes.

SB 6: FOR AN ACT ENTITLED, An Act to revise certain performance security requirements for public improvement contracts.

SB 17: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

SB 24: FOR AN ACT ENTITLED, An Act to prohibit the sale of fetal body parts and to provide a penalty therefor.

SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning forfeiture of property interests of persons convicted of certain crimes.

SB 30: FOR AN ACT ENTITLED, An Act to provide that Department of Corrections employees are excluded from concealed weapons permit requirements when on duty and acting under the color of authority.

SB 42: FOR AN ACT ENTITLED, An Act to increase certain fees for boxing, kickboxing, and mixed martial arts competitions.

SB 50: FOR AN ACT ENTITLED, An Act to revise the allocation of certain fees collected by the Department of Corrections.

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the HOPE probation program.

SB 74: FOR AN ACT ENTITLED, An Act to authorize members of certain governing bodies who are displaced by a natural disaster to continue their term of office.

SB 79: FOR AN ACT ENTITLED, An Act to expand the list of professionals authorized to perform certain examinations required for a plea of guilty but mentally ill.

SB 80: FOR AN ACT ENTITLED, An Act to limit certain liability for hosts of fishing tournaments.

SB 97: FOR AN ACT ENTITLED, An Act to provide for the automatic removal of all petty offenses, municipal ordinance violations, and Class 2 misdemeanor charges or convictions from background check records after ten years under certain conditions.

SB 102: FOR AN ACT ENTITLED, An Act to allow certain alcoholic beverage licenses and special event alcoholic beverage licenses to be issued on certain lands and facilities located on state educational institution campuses.

SB 106: FOR AN ACT ENTITLED, An Act to provide for the collection of sales taxes from certain remote sellers, to establish certain Legislative findings, and to declare an emergency.

SB 116: FOR AN ACT ENTITLED, An Act to remove any reference to land ownership being a requirement for participation in any actions pertaining to the creation of or withdrawal from a water development district.

SB 118: FOR AN ACT ENTITLED, An Act to exempt certain purchases from certain bidding requirements.

SB 150: FOR AN ACT ENTITLED, An Act to revise provisions related to the legislative intern program.

And signed the same in the presence of the House.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 6:16 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk