JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 2, 2012

The House convened at 10:30 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Megan Foster and Casey Jo Shippy.

Roll Call: All members present except Rep. Schrempp 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-first 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,

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 1, 2012

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 1, 2012, I approved House Bills 1039, 1064, 1071, 1079, 1088, 1095, 1097, 1114, 1121, 1125, 1128, 1153, 1160, 1192, 1194, 1195, 1202, 1212, 1229, and 1245, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 77 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and could not reach agreement.

Respectfully submitted,                Respectfully submitted,
Brian Gosch                        Russell Olson
House Committee Chair                Senate Committee Chair

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 130 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 130 be amended as follows:

130ck

On page 2, line 5, of the House Education Committee engrossed bill, delete "may" and insert "shall".

On page 1, line 7, of the House Education Committee engrossed bill, after "policy" insert ", except that no school district policy prohibiting bullying, whether it is existing or adopted pursuant to this Act, may contain any protected classes of students".

On page 2, line 14, after "report;" insert "and".

On page 2, line 18, delete "; and" and insert ".".

On page 2, delete lines 19 and 20.

On page 3, line 1, of the House Education Committee engrossed bill, after "." insert "Moreover, the provisions of this Act do not create a cause of action against any school district, school district employee, school volunteer, student, or parent unless there has been substantial noncomplaince with the school district's policy resulting in injury to a protected person.".

Respectfully submitted,                Respectfully submitted,
Jacqueline Sly                    Dan Lederman
House Committee Chair                Senate Committee Chair

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 139 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 139 be amended as follows:

139ce

On page 2 of the House Appropriations Committee engrossed bill, delete lines 19 to 24, inclusive, and insert:

"
Section 3. This Act is effective on June 20, 2012.".

On page 1, line 2, of the House Appropriations Committee engrossed bill, delete "and to make an appropriation therefor".

Respectfully submitted,                Respectfully submitted,
Jacqueline Sly                    Phyllis Heineman
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has passed HB 1116, the Governor's veto notwithstanding.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 130.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 4 Introduced by: Representatives 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; Nelson, Stace; Novstrup, David; Olson, Betty; Perry; Rausch; 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

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota to Kaitlin Buchholz, Emily Carr, Brittany Cleveland, Vanessa Cortes, Drew Dennert, Adam Eichten, Megan Foster, Makenzie Hageman, Allison Hosman, Ronni Kenyon, Ruth Latterell, Jordan Rohrbach, Nicole Romeyn, Casey Shippy, James Updike, Hannah Zylstra

WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-seventh Legislative Session; and

WHEREAS, the members of the Eighty-seventh House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Wick moved that House Page Resolution 4 be adopted.

Which motion prevailed and the resolution was adopted.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Wick moved that the report of the Conference Committee on SB 91 as found on page 713 of the House Journal be adopted.

The question being on Rep. Wick's motion that the report of the Conference Committee on SB 91 be adopted.

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; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Kloucek

Excused:
Schrempp

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

Rep. Gosch moved that the House do not adopt the report of the Conference Committee on SB 77 as found on page 720 of the House Journal and do not appoint a new committee.

Rep. Fargen moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 77 and that a new committee be appointed.

A roll call vote was requested and supported.

The question being on Rep. Fargen's substitute motion that the report of the Conference Committee on SB 77 not be adopted and that a new committee be appointed.

And the roll being called:

Yeas 20, Nays 49, Excused 1, Absent 0

Yeas:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Sigdestad; Street; Tornow; Wismer

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; 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; Russell; Schaefer; Scott; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Schrempp

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 on Rep. Gosch's motion to not adopt the report of the Conference Committee on SB 77 and to not appoint a new committee.

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Feickert; 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; Russell; Schaefer; Scott; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Dennert; Elliott; Fargen; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Sigdestad; Street; Tornow; Wismer

Excused:
Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the report was not adopted, and no new committee was appointed.

Rep. Sly moved that the report of the Conference Committee on SB 130 as found on page 720 of the House Journal be adopted.

The question being on Rep. Sly's motion that the report of the Conference Committee on SB 130 be adopted.

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; 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; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Nelson (Stace); Tornow

Excused:
Schrempp

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

Rep. Sly moved that the report of the Conference Committee on SB 139 as found on page 721 of the House Journal be adopted.

The question being on Rep. Sly's motion that the report of the Conference Committee on SB 139 be adopted.

And the roll being called:

Yeas 61, Nays 8, Excused 1, Absent 0

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

Nays:
Bolin; Greenfield; Haggar; Hubbel; Olson (Betty); Romkema; Russell; Steele

Excused:
Schrempp

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

Rep. Lust moved that the House do now recess until 2:00 p.m., which motion prevailed and at 11:51 a.m., the House recessed.

The House reconvened at 2:00 pm, the Speaker presiding.

Rep. Cronin moved that the House do now recess until 5:30 p.m., which motion prevailed and at 2:04 p.m., the House recessed.

The House reconvened at 5:30 p.m., Rep. Boomgarden presiding.

Rep. Lust moved that the House do now recess until 7:00 p.m., which motion prevailed and at 5:41 p.m., the House recessed.

The House reconvened at 7:00 p.m., the Speaker presiding.

There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 2, 2012

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 2, 2012, I approved House Bills 1017, 1018, 1045, 1051, 1052, 1059, 1066, 1107, 1117, 1130, 1131, 1156, 1164, 1178, 1179, 1182, 1187, 1227, 1230, 1254, 1263, 1269, 1270, and 1273, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 139.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Olson, Brown, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Tieszen, Krebs, and Buhl as a committee of three on the part of the Senate to meet with a like committee on the part of the House pertaining to fixing the time of adjournment sine die for the Eighty-seventh Legislative Session.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

Rep. Cronin moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust, and Hunhoff.

Rep. Cronin moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Eighty-seventh Legislative Session.

Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust, and Hunhoff.

Rep. Cronin moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 19, the 33^rd legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 197 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 197: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Was read the second time.

Rep. Moser moved the previous question.

Which motion prevailed.

The question being "Shall SB 197 pass as amended?"

And the roll being called:

Yeas 50, Nays 18, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; 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; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Russell; Schrempp; Sigdestad; Wismer

Excused:
Iron Cloud III; Scott

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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1137, 1228, and 1234 were delivered to his Excellency, the Governor, for his approval at 4:00 p.m., March 1, 2012.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1116, overridden that veto and delivered the same to his Excellency, the Secretary of State, for filing at 9:35 a.m., March 2, 2012.

Respectfully submitted,
Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

SB 25: FOR AN ACT ENTITLED, An Act to provide for the creation of a new state accountability system for public elementary and secondary schools.

SB 91: FOR AN ACT ENTITLED, An Act to allow shareholders of corporations to represent corporations in property tax appeals at the Office of Hearing Examiners.

SB 130: FOR AN ACT ENTITLED, An Act to require the school board of each school district to adopt a policy prohibiting bullying.

SB 139: FOR AN ACT ENTITLED, An Act to establish the Teach for America grant program within the Department of Education.

SB 183: FOR AN ACT ENTITLED, An Act to establish the elements of the offense of juvenile sexting and to provide a penalty therefor.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 8:28 p.m. the House adjourned.

Karen Gerdes, Chief Clerk