JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 13, 2012

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

The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House pages Rachel Howard and Jordyn Jones.

Roll Call: All members present except Rep. Nelson 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 nineteenth 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,

Val Rausch, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1136 and 1137 and SB 4, 9, 36, 38, and 45 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1242, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1242mc

On page 1 of the printed bill, delete lines 4 to 14, inclusive.

On page 2, delete lines 1 to 13, inclusive, and insert:

" Section 1. That section 2 of chapter 23 of the 2011 Session Laws be amended to read as follows:

BUREAU OF FINANCE AND MANAGEMENT

(8A) SD Ellsworth Development Authority

        Personal Services            $0        $0        $0        $0
        Operating Expenses        $1        $0        $0        $1
        Total                    $1        $0        $0        $1
        F.T.E.                                         0.0"

On page 2, line 15, delete "Bureau of Finance and Management" and insert "Governor's Office of Economic Development".

On page 2, delete lines 17 to 19, inclusive.

1242mtb

On page 1, line 1, of the printed bill, after "2012" insert ".".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1206, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1206ua

On page 1, line 4, of the printed bill, delete "money" and insert "general funds".

And that as so amended said bill do NOT pass.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1220 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1271 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1165, 1167, and 1169 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 35 and 99 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Roger D. Solum, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1007 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 84, 90, 112, 116, 145, 174, 175, 194, and 196 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

HCR 1008: A CONCURRENT RESOLUTION, Recognizing the week of June 25 through June 29, 2012, as Ag Week in South Dakota.

Rep. Perry moved that HCR 1008 as found on pages 410 and 411 of the House Journal be adopted.

The question being on Rep. Perry's motion that HCR 1008 be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Kloucek; Nelson (Stace)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was adopted.

SCR 4: A CONCURRENT RESOLUTION, Supporting the concept and further development of South Dakota First, an initiative for success and development.

Rep. Munsterman moved that SCR 4 as found on pages 317 and 318 of the Senate Journal be concurred in.

The question being on Rep. Munsterman's motion that SCR 4 be concurred in.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Nelson (Stace)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

SCR 5: A CONCURRENT RESOLUTION, Supporting and encouraging a 2012 interim study and thorough review of drainage laws in South Dakota.

Was read the first time and the Speaker waived the committee referral.

Rep. Stricherz moved that the Committee on Judiciary be instructed to deliver HB 1217 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion lost.

Rep. Russell moved that the Committee on State Affairs be instructed to deliver HB 1169 to the floor of the House, pursuant to Joint Rule 7-7.

A roll call vote was requested and supported.

The question being on Rep. Russell's motion that the Committee on State Affairs be instructed to deliver HB 1169 to the floor of the House, pursuant to Joint Rule 7-7.

And the roll being called:

Yeas 25, Nays 43, Excused 2, Absent 0

Yeas:
Dennert; Elliott; Feickert; Greenfield; Hickey; Hubbel; Iron Cloud III; Jensen; Jones; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Olson (Betty); Russell; Schaefer; Schrempp; Sigdestad; Steele; Stricherz; Tornow; Venner; Verchio

Nays:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Fargen; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hoffman; Hunhoff (Bernie); Hunt; Kirkeby; Lust; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Scott; Sly; Solum; Street; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Magstadt; Nelson (Stace)

So the motion having received an affirmative vote of a one-third majority of the members-elect, the Speaker declared the motion was supported and the committee was so instructed.

Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Tuesday, February 14, the 21^st legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on HB 1270 as found on page 404 of the House Journal; also

Judiciary on HB 1185 as found on pages 404 and 405 of the House Journal; also

Judiciary on HB 1219 as found on page 405 of the House Journal; also

Appropriations on HB 1164 as found on page 406 of the House Journal; also

Appropriations on HB 1199 as found on page 407 of the House Journal; also

Appropriations on HB 1228 as found on page 407 of the House Journal; also

Education on HB 1189 as found on pages 407 and 408 of the House Journal; also

Judiciary on HB 1193 as found on pages 421 and 422 of the House Journal; also

Judiciary on HB 1253 as found on page 422 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 84: FOR AN ACT ENTITLED, An Act to allow for the reimbursement of travel expenses during the recruitment of certain professional staff.

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

SB 90: FOR AN ACT ENTITLED, An Act to establish a fee for payments returned to the Office of the Secretary of State due to insufficient funds and to provide for the distribution of the fee.

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

SB 112: FOR AN ACT ENTITLED, An Act to remove the limitation on the number of retail gaming licenses in Deadwood in which a person may have a financial interest.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 116: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the township road system.

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

SB 145: FOR AN ACT ENTITLED, An Act to prohibit rebates and regulate contracts for residential roofing goods and services.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 174: FOR AN ACT ENTITLED, An Act to increase the 911 emergency surcharge, to revise the collection and distribution of the surcharge revenue, to provide for point of sale collection of the prepaid wireless 911 emergency surcharge, and to provide funding for the upgrade of 911 emergency services.

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

SB 175: FOR AN ACT ENTITLED, An Act to increase the number of video lottery machines that may be placed in a licensed establishment.

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

SB 194: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property tax and sales tax refunds, and to declare an emergency.

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

SB 196: FOR AN ACT ENTITLED, An Act to allow for the redistribution of existing nursing facility beds.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 32: FOR AN ACT ENTITLED, An Act to revise the suitability requirements for annuities.

Was read the second time.

Rep. Hunhoff requested that SB 32 be removed from the Consent Calendar.

Which request was granted.

SB 33: FOR AN ACT ENTITLED, An Act to revise the exemptions for insurance agent examinations.

Was read the second time.

The question being "Shall SB 33 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Nelson (Stace)

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 34: FOR AN ACT ENTITLED, An Act to revise certain provisions and delete certain obsolete provisions pertaining to the Department of Labor and Regulation.

Was read the second time.

The question being "Shall SB 34 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Nelson (Stace)

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 51: FOR AN ACT ENTITLED, An Act to eliminate an obsolete reference to the Division of Commercial Inspection and Regulation.

Was read the second time.

The question being "Shall SB 51 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Nelson (Stace)

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 1122: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the vacation, change, or location of highways.

Was read the second time.

The question being "Shall HB 1122 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hansen (Jon); Tornow

Excused:
Nelson (Stace)

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 modify the publication requirements regarding the application for a well driller license or a well pump installer license.

Was read the second time.

Rep. Lust moved that HB 1230 be deferred to Tuesday, February 14, the 21^st legislative day.

Which motion prevailed.

HB 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the voting rights of persons convicted of a felony or serving time in the state penitentiary.

Was read the second time.

The question being "Shall HB 1247 pass?"

And the roll being called:

Yeas 51, Nays 18, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Jensen; Jones; Kirkeby; Kopp; Liss; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Boomgarden; Dennert; Elliott; Fargen; Feickert; Feinstein; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Kloucek; Lucas; Lust; Schrempp; Sigdestad; Street; White; Wismer

Excused:
Nelson (Stace)

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 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the decision of a pregnant mother considering termination of her relationship with her child by an abortion, to establish certain procedures to insure that such decisions are voluntary, uncoerced, and informed, and to revise certain causes of action for professional negligence relating to performance of an abortion.

Was read the second time.

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Rep. Gibson moved that HB 1254 be amended as follows:

On page 3, line 17, of the House Judiciary Committee engrossed bill, after "will" insert ". Coercion also exists if the pregnant mother is induced to refrain from an abortion by any other person under circumstances, or in such a manner, which deprives her from making a free decision or exercising her free will".

Which motion lost.

The question being "Shall HB 1254 pass as amended?"

And the roll being called:

Yeas 56, Nays 12, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Elliott; Fargen; Feinstein; Gibson; Hawley; Jones; Killer; Lucas; Sigdestad; Street; Wismer

Excused:
Dennert; Nelson (Stace)

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 1234: FOR AN ACT ENTITLED, An Act to provide for rewards for the best teachers and those teaching in math and science subject areas, to revise certain provisions regarding evaluation of teachers, to create a system for evaluating principals, to distinguish between tenured and nontenured teachers, to revise certain provisions regarding the employment of teachers, and to repeal provisions regarding the teacher compensation assistance program.

Was read the second time.

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Rep. Dryden moved that HB 1234 be amended as follows:

On page 18, line 10, of the House Education Committee engrossed bill, delete "or nontenured".

On page 18, line 13, delete "for any tenured teacher".

On page 18, line 14, remove the overstrikes from "~~before the school board~~".

On page 18, line 17, delete "contract with the Office of Hearing Examiners pursuant to § 1-26D-11 to".

On page 18, line 19, delete "The".

On page 18, delete lines 20 to 24, inclusive.

On page 19, delete line 1.

On page 19, line 6, remove the overstrikes from "~~further process or~~".

Which motion prevailed.

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Rep. Hunhoff moved that HB 1234 be further amended as follows:

On the House Education Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. The legislature hereby establishes a goal to develop the best elementary and secondary education in the United States, and the effort shall begin with a major task force of the legislature in the summer of 2012 with 15 lawmakers to be selected by the executive board. The task force shall welcome advice and assistance from the teachers, school administrators, school board members, the Department of Education, the business community and all other stakeholders and interested parties. The goal should emphasize but not be limited to the topics of encouraging creativity through local control, furthering teamwork and collaboration in the schools, and providing adequate funding for the base formula."

A roll call vote was requested and supported.

The question being on Rep. Hunhoff's motion that HB 1234 be amended.

And the roll being called:

Yeas 20, Nays 49, Excused 1, Absent 0

Yeas:
Blake; Bolin; Dennert; Elliott; Fargen; Feickert; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Russell; Schrempp; Sigdestad; Street; Wismer

Nays:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Nelson (Stace)

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

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall HB 1234 pass as amended?"

And the roll being called:

Yeas 41, Nays 28, Excused 1, Absent 0

Yeas:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hunt; Jensen; Kirkeby; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Scott; Sly; Solum; Steele; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Bolin; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Russell; Schaefer; Schrempp; Sigdestad; Street; Stricherz; Tornow; Wismer

Excused:
Nelson (Stace)

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 1080: FOR AN ACT ENTITLED, An Act to waive certain licensure requirements to hunt fox and coyote with firearms.

Was read the second time.

The question being "Shall HB 1080 pass as amended?"

And the roll being called:

Yeas 20, Nays 49, Excused 1, Absent 0

Yeas:
Brunner; Conzet; Gosch; Greenfield; Haggar; Hansen (Jon); Hubbel; Hunhoff (Bernie); Hunt; Jensen; Kopp; Liss; Olson (Betty); Russell; Schrempp; Steele; Tornow; Van Gerpen; Venner; Wink

Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hoffman; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Vanneman; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Nelson (Stace)

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

HB 1209: FOR AN ACT ENTITLED, An Act to exempt certain parts and components used in the construction of homebuilt aircraft from sales and use taxes.

Was read the second time.

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall HB 1209 pass as amended?"

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

Yeas:
Blake; Bolin; Brunner; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Magstadt; Miller; Moser; Munsterman; Olson (Betty); Romkema; Rozum; Schrempp; Sigdestad; Sly; Solum; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick

Nays:
Abdallah; Boomgarden; Carson; Conzet; Cronin; Hickey; Hoffman; Jones; Liss; Lucas; Lust; Novstrup (David); Perry; Russell; Schaefer; Scott; Steele; Street; Verchio; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Hunt; Nelson (Stace)

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 1111: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of eminent domain by certain nongovernmental entities.

Was read the second time.

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Rep. Verchio moved that HB 1111 be amended as follows:

On page 4, line 8, of the House Transportation Committee engrossed bill, delete "ninety" and insert "fifty-one".

On page 4, line 8, after "land" insert "in South Dakota or with fifty-one percent of the landowners controlling the requisite land in South Dakota".

Which motion prevailed.

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Rep. Liss moved that HB 1111 be further amended as follows:

On page 4, line 17, of the House Transportation Committee engrossed bill, delete "three" and insert "five".

Which motion prevailed.

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Rep. Willadsen moved that HB 1111 be further amended as follows:

On page 1, line 8, of the House Transportation Committee engrossed bill, delete everything after "Condemnor," and insert "any person, entity, or any governmental agency, unit, or instrumentality that".

On page 1, delete line 9.

On page 1, line 10, delete "in acquiring right-of-way".

On page 1, line 13, delete "pipeline or railroad".

On page 1, line 14, delete "railroad".

On page 2, line 1, delete "or pipeline" and insert "proposed project".

On page 2, line 2, delete "pipeline" and insert "proposed project".

A roll call vote was requested and not supported.

Rep. Willadsen's motion lost.

The question being "Shall HB 1111 pass as amended?"

And the roll being called:

Yeas 30, Nays 39, Excused 1, Absent 0

Yeas:
Brunner; Elliott; Fargen; Hansen (Jon); Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Miller; Olson (Betty); Russell; Schaefer; Schrempp; Sigdestad; Sly; Steele; Stricherz; Van Gerpen; Venner; Verchio; Wink; Wismer

Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hoffman; Hunt; Jensen; Kirkeby; Magstadt; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Scott; Solum; Street; Tornow; Tulson; Turbiville; Vanneman; White; Wick; Willadsen; Speaker Rausch

Excused:
Nelson (Stace)

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

Rep. Verchio announced his intention to reconsider the vote by which HB 1111 lost.

HB 1179: FOR AN ACT ENTITLED, An Act to require certain campaign finance requirements to apply to all counties and municipalities.

Was read the second time.

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

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Rozum

Excused:
Nelson (Stace)

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 1248: FOR AN ACT ENTITLED, An Act to provide for exceptions from certain misdemeanor offenses relating to possession of handguns.

Was read the second time.

1248rc

Rep. Kopp moved that HB 1248 be amended as follows:

On page 1, line 5, of the printed bill, delete "with a valid South Dakota driver license".

A roll call vote was requested and not supported.

Rep. Kopp's motion lost.

The question being "Shall HB 1248 pass?"

And the roll being called:

Yeas 50, Nays 18, Excused 2, Absent 0

Yeas:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Elliott; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Solum; Steele; Stricherz; Tornow; Tulson; Van Gerpen; Vanneman; Venner; Verchio; Wick; Wink; Speaker Rausch

Nays:
Blake; Bolin; Dennert; Dryden; Fargen; Feickert; Feinstein; Hawley; Hunhoff (Bernie); Jones; Kirschman; Lucas; Sly; Street; Turbiville; White; Willadsen; Wismer

Excused:
Gibson; Nelson (Stace)

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

Speaker Pro tempore Gosch now presiding.

HB 1269: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to disasters and to pine beetle suppression and to declare an emergency.

Was read the second time.

The question being "Shall HB 1269 pass?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer

Nays:
Tornow

Excused:
Abdallah; Gibson; Nelson (Stace); Speaker Rausch

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.

HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XIII, sections 20 and 21 of the Constitution of the State of South Dakota, relating to the trust fund created from the proceeds of the state cement enterprise sales.

Was read the second time.

The question being "Shall HJR 1006 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hunhoff (Bernie); Kloucek; Lucas

Excused:
Abdallah; Miller; Nelson (Stace)

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

HB 1160: FOR AN ACT ENTITLED, An Act to provide for the award of filing fees as court costs in certain appeals.

Was read the second time.

The question being "Shall HB 1160 pass?"

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Hoffman; Perry; Street; Verchio; Wismer

Excused:
Abdallah; Miller; Nelson (Stace)

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 1246: FOR AN ACT ENTITLED, An Act to prohibit the use of bisphenol A in certain products.

Was read the second time.

The question being "Shall HB 1246 pass as amended?"

And the roll being called:

Yeas 40, Nays 27, Excused 3, Absent 0

Yeas:
Blake; Bolin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Haggar; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Magstadt; Munsterman; Romkema; Schaefer; Schrempp; Scott; Sigdestad; Sly; Steele; Street; Stricherz; Van Gerpen; Venner; White; Wismer

Nays:
Boomgarden; Brunner; Carson; Conzet; Cronin; Gosch; Greenfield; Hoffman; Hunt; Kopp; Liss; Moser; Novstrup (David); Olson (Betty); Perry; Rozum; Russell; Solum; Tornow; Tulson; Turbiville; Vanneman; Verchio; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Abdallah; Miller; Nelson (Stace)

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.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1126 and returns the same with the recommendation that said bill be amended as follows:

1126rb

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

" Section 1.That chapter 25-7 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any provision of chapter 23A-43 to the contrary, bond deposited with, or surety given to the court, whether or not personally posted by the defendant, to assure appearance of an individual charged with nonsupport of a child under § 25-7-15 or 25-7-16 or subject to civil proceedings to enforce child support obligations, may, at the discretion of the court, be ordered paid to the Department of Social Services or the support obligee and applied to child support arrearages either as a condition of the sentence imposed by the court or as a result of the individual's failure to appear as required by the court."

1126rf

On the printed bill, delete everything after the enacting clause, and the previously adopted amendment (1126rb), and insert:

" Section 1.That chapter 25-7 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any provision of chapter 23A-43 to the contrary, any cash bond deposited with the court, whether or not personally posted by the defendant, to assure appearance of an individual charged with nonsupport of a child under § 25-7-15 or 25-7-16 or subject to civil proceedings to enforce child support obligations, may, at the discretion of the court, be ordered paid to the Department of Social Services or the support obligee and applied to child support arrearages either as a condition imposed by the court or as a result of the individual's failure to appear as required by the court.""

1126rta

On page 1, line 1, of the printed bill, delete "a bond" and insert "certain bonds".

On page 1, line 2, delete "a defendant in a criminal case" and insert "certain persons with child support arrearages".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill be amended as follows:

1255rd

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

" Section 1. A surrogacy agreement is void and unenforceable as against public policy. No surrogacy agreement is enforceable."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1266 and returns the same with the recommendation that said bill be amended as follows:

1266ra

On page 1, line 5, of the printed bill, after "fraud," insert "or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2012".

On page 1, line 9, after "finalized" insert "unless a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2012".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1273 and returns the same with the recommendation that said bill be amended as follows:

1273jb

On page 1, line 6, of the printed bill, delete "more than one ounce" and insert "one quarter of a gram or more".

On page 2, after line 17, insert:

" Section 8. For purposes of this Act, loose leaf incense includes loose potpourri, loose herbal incense, herbal smoking blends, or similar dried, leafy substances sold or marketed, directly or indirectly, as a relaxation, smoking, or herbal enhancement product. Herbal dietary supplements or remedies and United States Food and Drug Administration approved herbal teas or products are not included as loose leaf incense under this Act.

Section 9. A retailer shall ensure that each package of loose leaf incense sold is labeled with each ingredient present in the product, including all chemicals and additives.".

1273rta

On page 1, line 2, of the printed bill, delete "and".

On page 1, line 3, after "therefor" insert ", and to declare an emergency".

1273ra

On the previously adopted amendment (1273jb), after "additives." insert:

" Section 10. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1267 which was tabled.

Respectfully submitted,
Roger W. Hunt, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1169, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1069 was delivered to his Excellency, the Governor, for his approval at 8:45 a.m., February 13, 2012.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1154 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

Speaker Rausch now presiding.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1154: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the construction of roads outside the road district.

SB 7: FOR AN ACT ENTITLED, An Act to repeal certain provisions allowing for the certification of technology parks and to allow public or private developers to apply for certification.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1019 Introduced by: Representatives Scott, Abdallah, Bolin, Carson, Conzet, Cronin, Deelstra, Dryden, Haggar, Kloucek, Moser, Romkema, Schaefer, Solum, Stricherz, Van Gerpen, Vanneman, White, Willadsen, and Wink and Senators Juhnke and Putnam

A LEGISLATIVE COMMEMORATION, Recognizing and remembering the Homestead Act.

WHEREAS, four pages that make up the Homestead Act of 1862 will be on display at Homestead National Monument; and

WHEREAS, the Homestead Act of 1862 is considered one of the most one hundred important documents in the National Archives; and

WHEREAS, this document influenced the course of United States history by shaping South Dakota landscape, history, and culture for future generations; and

WHEREAS, America gave away two hundred and seventy million acres to four million people; and

WHEREAS, today it is estimated that as many as 93 million Americans are descendants of homesteaders:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Homestead Act of 1862, that changed South Dakota forever, be held in a place of honor.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 6:39 p.m. the House adjourned.

Karen Gerdes, Chief Clerk