House of Representatives Journal 2/23/2016 02:00 PM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 23, 2016

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

The prayer was offered by the Chaplain, Pastor Susan Carr, followed by the Pledge of Allegiance led by House pages Levi Czmowski and Cameron Decker.

Roll Call: All members present except Reps. Kaiser and Verchio 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.

In the House Journal of the twenty-fourth day the following corrections should be made:

On page 465, line 8, delete "and 1183 which have" and insert "which has".

On page 470, line 13, delete "and 1183".

On page 470, delete lines 20 and 21.

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

And we hereby move the adoption of the report.

Respectfully submitted,
Dean Wink, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 23, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 23, 2016, I approved House Bills 1087, 1089, and 1113, 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 Education respectfully reports that it has had under consideration HB 1146 and 1147 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1096, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1096sa

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

" Section 1. That § 13-28-19.1 be amended to read:

13-28-19.1. If a school district that was contracting pursuant to § 13-15-11, dissolves and is annexed to another school district prior to July 1, 2010, the school board for the school district to which the former contracting school district is annexed shall, for the current school year and for each school year thereafter, assign the students who reside in land area that was part of the former contracting district to the school that was receiving the students under the contract. The rate of tuition paid per year to the receiving school district may not be less than the per student allocation as defined in § 13-13-10.1 for that school fiscal year and is not subject to the tuition limitation in § 13-28A-2.1. In addition, the school district to which the former contracting school district is annexed may compensate the receiving school district for all or any portion of the transportation or other costs associated with the students attending school in the receiving school district. If the parent or guardian of a student assigned to a school district in a bordering state pursuant to this section disapproves of the student's assignment, the school

board shall assign that student to an attendance center within the district. However, notwithstanding any other provision of law, the school district is not required to provide transportation to that student. "

1096sta

On page 1, line 1, of the printed bill, delete everything after "certain" and insert "schools from a tuition limitation applied to some bordering state school districts.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1220 and returns the same with the recommendation that said bill be amended as follows:

1220ca

On page 1 of the printed bill, delete lines 5 to 8, inclusive.

On page 1, line 9, delete everything before "It" and insert:

" Upon receiving approval from the United States Department of Education, the secretary of education shall reinstate the scholarship funding under the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP), as part of the 2011 application for a state grant. The secretary of education shall seek matching dollars for the scholarship funds available to Native American students under the GEAR UP grant program.".

1220cta

On page 1, line 1, of the printed bill, delete everything after "education to" and insert "reinstate scholarship funding under the GEAR UP grant program.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1152 and 1222 which were tabled.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1148 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1124, which was reconsidered, and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1236 and SB 138 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mary Duvall, Vice-Chair

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration SB 132 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Justin R. Cronin, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 23 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 SB 58 and returns the same with the recommendation that said bill be amended as follows:

58jc

On page 1, line 12, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete "four" and insert "two".

On page 1, line 14, overstrike everything after "only" .

On page 2, delete line 1, insert "~~a rimfire cartridge~~ in the taking".

On page 2, line 3, overstrike "and".

On page 2, line 4, after "(3)" insert:

"A landowner or occupant and no more than two guests accompanied by the landowner or occupant may use night vision equipment on the owner's or occupant's land, a firearm using a cartridge with a bullet diameter below .225 inches, in the taking of jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, or rodents; and

(4)".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1228 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1099 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 Local Government respectfully reports that it has had under consideration HB 1218 and returns the same with the recommendation that said bill be amended as follows:

1218jb

On page 1 of the printed bill, delete lines 5 to 7, inclusive, and insert:

" If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body pursuant to chapter 1-25.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1232 and 1239 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Herman Otten, Vice-Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1102, 1108, and 1117 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1183 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 44, 69, 133, 152, 154, and 158 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Requiring the use of sound science in evaluating crop protection chemistries and nutrients.

Rep. Gosch moved that HCR 1007 be deferred to Wednesday, February 24, the 27^th legislative day.

Which motion prevailed.

HCR 1014: A CONCURRENT RESOLUTION, Calling for the United States to save Christians from persecution and genocide.

c1014ca

Rep. Bolin moved that HCR 1014 be amended as follows:

On page 1, line 5, of the printed resolution, after "Christians" insert ", Jews, and people of other faiths".

On page 1, line 7, delete "not seen since the Middle Ages".

On page 1, line 8, after "Christians" insert ", Yazidis, ".

On page 1, line 9, delete "the birth of Christ" and insert "ancient times".

On page 1, line 10, after "churches" insert "and other places of worship".

On page 2, line 1, delete "; and" and insert ":".

On page 2, delete lines 2 and 6.

On page 2, line 12, delete everything after "that" and insert "the persecution of Christians and members of other faiths as targets of genocide".

On page 2, delete lines 13 and 14, and insert "should be exposed and condemned by our President and Secretary of State; and".

On page 2, line 15, delete "Christians and Yazidis" and insert "Yazidis and Christians".

On page 2, line 16, delete everything after "situation" and insert "; and".

On page 2, delete lines 17 and 18.

On page 2, line 19, delete "provide for" and insert "consider".

On page 2, line 20, delete everything after "processing" and insert "of visas for Yazidis and Christians and shall consider that such".

On page 2, line 21, delete everything after "receive" and insert "priority status; and".

On page 2, line 22, after "H.R. 4017" insert ", currently before the United States Congress".

On page 2, line 23, delete "Christians and Yazidis" and insert "Yazidis, Christians,".

On page 2, line 24, after "and" insert "other faiths; and".

c1014xa

Rep. Solum moved that Rep. Bolin's amendment to HCR 1014 be amended as follows:

On the pending amendment (c1014ca), delete the instruction "On page 2, delete lines 2 and 6" and insert "On page 2, delete lines 2 to 6, inclusive."

Which motion prevailed.

Rep. Bolin's motion prevailed.

Rep. Craig moved that HCR 1014 as found on page 444 of the House Journal and as amended be adopted.

The question being on Rep. Craig's motion that HCR 1014 as found on page 444 of the House Journal and as amended be adopted.

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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); 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; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Cronin; Kaiser; Verchio

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1014 was adopted as amended.

The question being on the title.

c1014cta

Rep. Bolin moved that the title to HCR 1014 be amended as follows:

On page 1, line 1, of the printed resolution, delete everything after "Christians" and insert ", Yazidis and people of other faiths from".

Which motion prevailed and the title was so amended.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on HB 1242 as found on page 474 of the House Journal; also

State Affairs on HB 1234 as found on page 475 of the House Journal; also

Judiciary on HB 1068 as found on page 476 of the House Journal; also

Judiciary on HB 1088 as found on page 615 of the House Journal; also

Judiciary on HB 1134 as found on page 618 of the House Journal; also

Judiciary on HB 1225 as found on page 619 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 44: FOR AN ACT ENTITLED, An Act to create provisions for aggravated vehicular homicide and classify the crime as a crime of violence.

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

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 first time and referred to the Committee on Education.

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 first time and referred to the House Committee on Appropriations

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

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

SB 154: FOR AN ACT ENTITLED, An Act to provide a penalty for fleeing from a law enforcement officer.

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

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1139: FOR AN ACT ENTITLED, An Act to clarify the insurer responsible for work done within a railroad crossing.

Was read the second time.

The question being "Shall HB 1139 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Cronin; Kaiser; 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 38: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning bail bondspersons.

Was read the second time.

The question being "Shall SB 38 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Cronin; Kaiser; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

The question being "Shall HB 1127 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch; DiSanto; Dryden; Feickert; Gibson; 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; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Duvall; Gosch; Russell

Excused:
Cronin; Kaiser; 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 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.

1169se

Rep. Werner moved that HB 1169 be amended as follows:

On page 2 of the House Education Committee engrossed bill, delete lines 3 to 5, inclusive, and insert:

" A joint powers agreement to operate an attendance center not owned by the school district within the boundaries of another school district is not required for any attendance center that was established before January 1, 2016.".

Which motion prevailed.

The question being "Shall HB 1169 pass as amended?"

And the roll being called:

Yeas 48, Nays 19, Excused 3, Absent 0

Yeas:
Bartling; Beal; Bordeaux; Conzet; Deutsch; Dryden; Duvall; Feickert; Gibson; Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Langer; May; McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Ring; Romkema; Rounds; Rozum; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Anderson; Bolin; Brunner; Campbell; Craig; DiSanto; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Klumb; Latterell; Marty; Novstrup (Al); Qualm; Rasmussen; Russell; Schaefer; Tulson

Excused:
Cronin; Kaiser; 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.

Rep. Gosch moved that HB 1116 be placed to follow HB 1162 on today's calendar.

Which motion prevailed.

HB 1206: FOR AN ACT ENTITLED, An Act to authorize the use of handguns in the hunting of game birds.

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

The question being "Shall HB 1206 pass as amended?"

And the roll being called:

Yeas 23, Nays 44, Excused 3, Absent 0

Yeas:
Beal; Brunner; Campbell; Craig; DiSanto; Greenfield (Lana); Haggar (Don); Haugaard; Hunt; Killer; Klumb; Latterell; Marty; May; Otten (Herman); Qualm; Russell; Schrempp; Solum; Werner; Wiik; Wollmann; Speaker Wink

Nays:
Anderson; Bartling; Bolin; Bordeaux; Conzet; Deutsch; Dryden; Duvall; Feickert; Gibson; Gosch; Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kirschman; Langer; McCleerey; Mickelson; Munsterman; Novstrup (Al); Partridge; Peterson (Kent); Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Sly; Soli; Stalzer; Steinhauer; Stevens; Tulson; Westra; Willadsen; Zikmund

Excused:
Cronin; Kaiser; Verchio

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

HB 1047: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

Was read the second time.

The question being "Shall HB 1047 pass as amended?"

And the roll being called:

Yeas 59, Nays 8, Excused 3, Absent 0

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

Nays:
Brunner; Campbell; Gibson; Killer; Marty; May; Russell; Schrempp

Excused:
Cronin; Kaiser; Verchio

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 1161: FOR AN ACT ENTITLED, An Act to provide for and regulate consumer lines of credit and to provide a penalty for certain violations.

Was read the second time.

Rep. Gosch moved that HB 1161 be deferred to Wednesday, February 24, the 27^th legislative day.

Which motion prevailed.

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

Was read the second time.

1132re

Rep. Gibson moved that HB 1132 be amended as follows:

On page 2, line 19, of the House Judiciary Committee engrossed bill, delete "included" and insert "include".

Which motion prevailed.

The question being "Shall HB 1132 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; 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; 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; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Cronin; Kaiser; McCleerey; 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 1133: FOR AN ACT ENTITLED, An Act to require that a risk assessment is completed and reviewed before the release of a person charged with certain domestic crimes.

Was read the second time.

Rep. Gibson moved that HB 1133 be laid on the table.

The question being on Rep. Gibson's motion that HB 1133 be laid on the table.

And the roll being called:

Yeas 63, Nays 3, Excused 4, 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); Hunt; Jensen (Alex); Killer; Kirschman; Klumb; Langer; Latterell; May; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Johns; Marty; Rounds

Excused:
Cronin; Kaiser; McCleerey; Verchio

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1133 was tabled.

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.

Was read the second time.

The question being "Shall HB 1167 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; 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; 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; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Conzet

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

Was read the second time.

The question being "Shall HB 1243 pass as amended?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; 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; 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; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Werner

Excused:
Bordeaux; Cronin; Kaiser; 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 1198: FOR AN ACT ENTITLED, An Act to recognize dyslexia as a learning disability.

Was read the second time.

Rep. Gosch moved that HB 1198 be deferred to Wednesday, February 24, the 27^th legislative day.

Which motion prevailed.

HB 1106: FOR AN ACT ENTITLED, An Act to revise certain codes and standards regarding wind energy system set back requirements.

Was read the second time.

1106rg

Rep. Wiik moved that HB 1106 be amended as follows:

On page 1, line 12, of the House Taxation Committee engrossed bill, delete everything after "landowner" .

On page 1, line 13, delete "within" and insert "one thousand dollars per foot in violation of".

On page 1, line 13, after "." insert "The damages imposed by this section may not be less than twenty-five thousand dollars.".

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

The Speaker declared Rep. Wiik's motion lost.

The question being "Shall HB 1106 pass as amended?"

And the roll being called:

Yeas 10, Nays 56, Excused 4, Absent 0

Yeas:
Conzet; Craig; Holmes; Kirschman; Mickelson; Novstrup (Al); Schaefer; Schrempp; Wiik; Willadsen

Nays:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Klumb; Langer; Latterell; Marty; May; McCleerey; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schoenbeck; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; Cronin; Kaiser; Verchio

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

HB 1162: FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of midwives.

Was read the second time.

The question being "Shall HB 1162 pass as amended?"

And the roll being called:

Yeas 54, Nays 13, Excused 3, Absent 0

Yeas:
Beal; Bolin; Brunner; Campbell; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Heinemann (Leslie); Holmes; Hunt; Johns; Killer; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Romkema; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Steinhauer; Tulson; Werner; Westra; Wiik; Wollmann; Zikmund; Speaker Wink

Nays:
Anderson; Bartling; Conzet; Hawley; Hunhoff (Jean); Jensen (Alex); Kirschman; Ring; Rounds; Schoenbeck; Stalzer; Stevens; Willadsen

Excused:
Bordeaux; Kaiser; Verchio

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 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.

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

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Rep. May moved that HB 1116 be amended as follows:

On page 1, line 5, of the printed bill, after "municipality" insert "with a population of less than twenty-five thousand".

Which motion prevailed.

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Rep. Jensen moved that HB 1116 be further amended as follows:

On page 1, line 5, of the printed bill, after "municipality" insert "with a population of less than twenty-five thousand".

On page 1, line 7, delete "its" and insert "an affirmative two-thirds vote of the".

On page 2, line 9, after "." insert "No new ordinance imposing an additional tax may be enacted for one year after the tax imposed by previous ordinance has ended.".

On page 2, line 11, after "." insert "The ordinance is not approved unless at an election sixty percent of the voters vote in favor of the ordinance.".

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

The Speaker declared Rep. Jensen's motion lost.

The question being "Shall HB 1116 pass as amended?"

And the roll being called:

Yeas 37, Nays 30, Excused 3, Absent 0

Yeas:
Bartling; Bolin; Brunner; Craig; Duvall; Gibson; Greenfield (Lana); Harrison; Haugaard; Hawks; Hawley; Holmes; Hunt; Johns; Killer; Kirschman; Klumb; Langer; May; McCleerey; Munsterman; Otten (Herman); Qualm; Rasmussen; Ring; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Steinhauer; Tulson; Werner; Willadsen; Wollmann; Speaker Wink

Nays:
Anderson; Beal; Campbell; Conzet; Cronin; Deutsch; DiSanto; Dryden; Feickert; Gosch; Haggar (Don); Heinemann (Leslie); Hunhoff (Jean); Jensen (Alex); Latterell; Marty; Mickelson; Novstrup (Al); Partridge; Peterson (Kent); Romkema; Russell; Schoenbeck; Schrempp; Solum; Stalzer; Stevens; Westra; Wiik; Zikmund

Excused:
Bordeaux; Kaiser; 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 1230: FOR AN ACT ENTITLED, An Act to require lights on certain animal-drawn vehicles while operating on a highway.

Was read the second time.

The question being "Shall HB 1230 pass as amended?"

And the roll being called:

Yeas 59, Nays 8, Excused 3, Absent 0

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

Nays:
Beal; Brunner; Gosch; Jensen (Alex); Klumb; Novstrup (Al); Rounds; Russell

Excused:
Bordeaux; Kaiser; 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 1137: FOR AN ACT ENTITLED, An Act to revise the distribution of registration fees from noncommercial gross weight vehicles.

Was read the second time.

The question being "Shall HB 1137 pass as amended?"

And the roll being called:

Yeas 49, Nays 17, Excused 4, Absent 0

Yeas:
Anderson; Bartling; Bolin; Brunner; Campbell; Craig; DiSanto; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Heinemann (Leslie); Holmes; Hunt; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Qualm; Rasmussen; Ring; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Stalzer; Steinhauer; Tulson; Werner; Westra; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Beal; Conzet; Deutsch; Dryden; Duvall; Harrison; Hawks; Hawley; Hunhoff (Jean); Jensen (Alex); Johns; Peterson (Kent); Romkema; Rounds; Solum; Stevens; Wiik

Excused:
Bordeaux; Cronin; Kaiser; Verchio

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 1149: FOR AN ACT ENTITLED, An Act to provide authority to establish a special purpose district for recreational purposes.

Was read the second time.

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

And the roll being called:

Yeas 27, Nays 40, Excused 3, Absent 0

Yeas:
Bartling; Conzet; Duvall; Gibson; Harrison; Hawks; Hawley; Holmes; Johns; Killer; Kirschman; Mickelson; Munsterman; Otten (Herman); Partridge; Ring; Romkema; Rozum; Schaefer; Schoenfish; Sly; Soli; Stevens; Tulson; Westra; Willadsen; Wollmann

Nays:
Anderson; Beal; Bolin; Brunner; Campbell; Craig; Cronin; Deutsch; DiSanto; Dryden; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Heinemann (Leslie); Hunhoff (Jean); Hunt; Jensen (Alex); Klumb; Langer; Latterell; Marty; May; McCleerey; Novstrup (Al); Peterson (Kent); Qualm; Rasmussen; Rounds; Russell; Schoenbeck; Schrempp; Solum; Stalzer; Steinhauer; Werner; Wiik; Zikmund; Speaker Wink

Excused:
Bordeaux; Kaiser; Verchio

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

HB 1224: FOR AN ACT ENTITLED, An Act to authorize the Investment Council to enter into an agreement to allow South Dakota residents to participate in an ABLE savings program to support individuals with disabilities.

Was read the second time.

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Rep. Partridge moved that HB 1224 be amended as follows:

On page 2, line 2, of the printed bill, before "U.S.C." insert "26".

On page 2, line 4, delete everything after "may" and insert "provide information about ABLE savings programs to residents".

On page 2, line 5, delete everything after "of this state" .

On page 2, line 6, delete everything before "." .

On page 2, line 7, delete "shall" and insert "may".

On page 2, delete lines 8 to 13, inclusive.

Which motion prevailed.

The question being "Shall HB 1224 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; 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; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; Kaiser; Verchio

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

The question being on the title.

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Rep. Partridge moved that the title to HB 1224 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "facilitate participation by South Dakota residents in an ABLE savings program.".

On page 1, delete lines 2 and 3.

Which motion prevailed and the title was so amended.

HB 1190: FOR AN ACT ENTITLED, An Act to enhance customer convenience in firearms transactions, improve public safety, and provide for the issuance of an additional concealed pistol permit.

Was read the second time.

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Rep. Mickelson moved that HB 1190 be amended as follows:

On page 5, line 14, of the House State Affairs Committee engrossed bill, delete "(7) of section 5" and insert "(5) of section 7".

Which motion prevailed.

The question being "Shall HB 1190 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; 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; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Werner

Excused:
Bordeaux; Kaiser; Verchio

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

Was read the second time.

The question being "Shall HB 1153 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Bordeaux; Kaiser; 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.

Rep. Gosch moved that the balance of the calendar including HB 1143, 1144, and 1145 and HJR 1002 and SB 52, 8, 2, 34, 120, 63, 114, 53, 59, and 75 be deferred to Wednesday, February 24, the 27^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 Committee on Legislative Procedure respectfully reports that HB 1008, 1010, 1013, 1014, 1059, 1081, 1082, 1098, 1105, 1150, and 1170 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., February 23, 2016.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1102, 1108, and 1117 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1102: FOR AN ACT ENTITLED, An Act to allow for additional time to review certain competitive sealed bids.

HB 1108: FOR AN ACT ENTITLED, An Act to revise certain municipal special assessment provisions and to provide for exclusion of territory from municipalities.

HB 1117: FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning the authorization for the use of other languages in public records or public meetings.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1016 Introduced by: Representatives Hawks and Steinhauer and Senator Peters

A LEGISLATIVE COMMEMORATION, Commending and honoring the West Central High School Band for its many accomplishments.

WHEREAS, the West Central High School Band, conducted by Daniel Eye, has performed and competed at an outstanding level being led by drum majors Melissa Wollman, Taylor Lewin, and Alyssa Anderson; and

WHEREAS, the West Central High School Marching Band placed first in Class A at the King Turkey Day Parade in Worthington, Minnesota; earned honors for outstanding winds, drum majors, color guard, and drumline; and also received the People's Choice Award; and

WHEREAS, the West Central High School Marching Band placed first in Class AA Parade and second in Class AA Field Competition at the Tri-State Band Festival in Luverne, Minnesota, and also earned honors for outstanding color guard and winds; and

WHEREAS, the West Central High School Marching Band placed first in Class AA at the Big Sioux Review in Brandon, South Dakota, and also earned honors for outstanding percussion and winds; and

WHEREAS, the West Central High School Marching Band placed first in Class AA Parade and second in Class AA Field at the Festival of Bands in Sioux Falls, South Dakota, and earned the People's Choice Award; and

WHEREAS, the West Central High School Band recognized four All-State Band members: Alyssa Anderson, Elijah McMahon, Nathan Saygili, and Katrina Callahan; one All-State Orchestra member, Nathan Saygili; and three East Central Honor Band members: Melissa Wollman, David Hope, and Nathan Saygili:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the West Central High School Band and its members are commended and honored for dedication to musical education and performance excellence.

HC 1017 Introduced by: Representatives Hawks and Steinhauer and Senator Peters

A LEGISLATIVE COMMEMORATION, Commending and honoring the West Central High School Future Farmers of America Chapter.

WHEREAS, the West Central Chapter of Future Farmers of America, or FFA, advised by Linda Petersen, has exhibited exemplary citizenship and leadership in agriculture; and

WHEREAS, the West Central FFA Chapter took three teams to represent the state in the National Career Development Events in Louisville, Kentucky, in October of 2015; and

WHEREAS, the Ag Issues Team of Carson Ulrich, Dalton Larson, Lauryn Riepma, McKenzie Henning, Rachel Kapperman, Carter Ulrich, and Jill Even earned a bronze medal; and

WHEREAS, the Ag Communications team of Ellie Krizan, Erica Lorang, and Taylor Lewin earned a silver medal, and Erica Lorang placed sixth in the nation earning scholarship money; and

WHEREAS, the Environmental Natural Resources Team of Austin Ideker, Benjamin Miles, Quinn Hanisch, and Weston Hanisch earned a bronze medal:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the West Central High School FFA Chapter and its members are commended and honored for all their work in agricultural leadership.

HC 1018 Introduced by: Representatives Hawks and Steinhauer and Senator Peters

A LEGISLATIVE COMMEMORATION, Commending and honoring the academic and athletic accomplishments of Hunter Hanley of West Central High School.

WHEREAS, Hunter Hanley has been a four-year participant in the West Central High School football program; and

WHEREAS, Hunter has been named to the Academic All-State Football Team two years in a row and to the A honor roll three years out of four; and

WHEREAS, Hunter's accomplishments on the football field include two years all-state, two years all conference, two years MVP lineman, fifty-two tackles and eight sacks in his senior year, and an All-American honorable mention; and

WHEREAS, Hunter will continue his academic and athletic aspirations with the Division I South Dakota State University Jackrabbit Football Team:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature commends and honors Hunter Hanley for his dedication and hard work.

HC 1019 Introduced by: Representatives Hawks and Steinhauer and Senator Peters

A LEGISLATIVE COMMEMORATION, Commending and honoring the West Central High School Oral Interp Team for its accomplishments.

WHEREAS, the West Central Oral Interp Team members Katrina Callahan, Rebecca Cooper, Emma DeCou, Lindsey Eggebraaten, Jordan Goldammer, Jholayne Halverson, Katie Larson, Lilly Purintun, Katelyn Urness, Dana Voss, Missy Voss, and Izzy West, coached by Cindy Schumacher and Kim Schmidt, prepared and delivered interpreted pieces in the categories of poetry, storytelling, non-original oratory, duet, humorous, serious reading, and reader's theater; and

WHEREAS, the team took speakers to the South Dakota State Festival in five events; and

WHEREAS, superior ratings were earned at the South Dakota State Festival by Katrina Callahan for oratory, Rebecca Cooper for storytelling, Missy Voss for poetry, Dana Voss for humorous, and the team of Dana Voss, Izzy West, Jordan Goldammer, Katrina Callahan, Missy Voss, and Katie Larson for reader's theater; and

WHEREAS, the West Central High School Oral Interp Team won a team excellence award at the South Dakota State Festival:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature commends and honors the West Central High School Oral Interp Team for its dedication and hard work.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 6:28 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk