JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 28, 2014

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

The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of Allegiance led by House pages Samantha Beck and Matthew Wynia.

Roll Call: All members present except Reps. Munsterman 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 eighth 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,

Brian G. Gosch, Chair

Which motion prevailed.

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

Samantha Beck, Jeffrey Benson, Alyson Hauck, Anna Hemenway, Kendyll Jones, Madeline Molseed, Sidney Neiman, Kanon Olson, Zachary Policky, Grant Russell, Ivy Sherard, Abbie Wieseler, Matthew Wynia.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1012 and 1015 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Charles B. Hoffman, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Steve Hickey, Vice Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1066 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 4 to 6, inclusive, and insert:

" Section 1. That § 22-14-24 be amended to read as follows:

22-14-24. The provisions of § 22-14-23 do not apply to:

(1) The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law or an officer of the court;

(2) Possession by a judge or magistrate;

(3) The possession of a firearm or other dangerous weapon by a federal or state official or member of the armed services if such possession is authorized by law; or

(4) The lawful carrying of firearms, or other dangerous weapons in a county courthouse incident to hunting, or gun safety course or to other lawful purposes; or

(5) The possession of a firearm under the terms of a concealed weapons permit by a South Dakota elected official who holds a concealed weapons permit issued pursuant to §§ 23-7-7 and 23-7-7.1. ".

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 1065 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1003 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 26, 45, 47, 49, and 50 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006: A CONCURRENT RESOLUTION, Recognizing the anniversary of the addition of the words "under God" to the United States Pledge of Allegiance.

Rep. Nelson moved that HCR 1006 as found on pages 99-100 of the House Journal be adopted.

The question being on Rep. Nelson's motion that HCR 1006 be adopted.

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Greenfield; Haggar (Don); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Excused:
Gibson; Haggar (Jenna); Munsterman; Verchio

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

HCR 1007: A CONCURRENT RESOLUTION, Petitioning Congress to provide for an audit of the Federal Reserve Bank.

Rep. Kaiser moved that HCR 1007 as found on pages 100-101 of the House Journal be adopted.

The question being on Rep. Kaiser's motion that HCR 1007 be adopted.

And the roll being called:

Yeas 43, Nays 25, Excused 2, Absent 0

Yeas:
Anderson; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Heinemann (Leslie); Hickey; Hoffman; Kaiser; Kopp; Langer; Latterell; Lust; Magstadt; May; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Rounds; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steele; Tulson; Westra; Wick; Wink; Speaker Gosch

Nays:
Bartling; Carson; Feickert; Feinstein; Gibson; Hajek; Hawks; Hawley; Heinert; Hunhoff (Bernie); Johns; Killer; Kirschman; Mickelson; Parsley; Peterson; Ring; Romkema; Rozum; Schrempp; Soli; Stevens; Tyler; Werner; Wismer

Excused:
Munsterman; Verchio

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1007 was adopted.

HCR 1008 Introduced by: Representatives Bolin, Campbell, Craig, Ecklund, Greenfield, Haggar (Don), Haggar (Jenna), Hickey, Kaiser, Kopp, Latterell, May, Nelson, Olson (Betty), Qualm, Russell, Stalzer, Steele, Verchio, and Wick and Senators Jensen, Begalka, and Omdahl

A CONCURRENT RESOLUTION, Urging the South Dakota Board of Education to refrain from any efforts to further expand the Common Core State Standards or any other multistate educational standards in the state and to establish a plan to end the state's involvement with such current standards by June 30, 2017.

WHEREAS, the Common Core State Standards (CCSS) have generated great public concern, multitudes of questions, and intense opposition from many citizens across South Dakota and from many other states; and

WHEREAS, the adoption of the CCSS in math and English/language arts was accomplished with little or no notification to the South Dakota Legislature or to the general public; and

WHEREAS, the CCSS and related activities will severely limit or eliminate the authority of our state and our local school districts to manage their own educational affairs; and

WHEREAS, the CCSS are copyrighted and cannot be changed or modified; and

WHEREAS, the CCSS were never piloted or tested in any state or group of states before it was adopted or implemented in South Dakota; and

WHEREAS, the implementation of the CCSS has already cost the taxpayers of the state between six and eight million dollars; and

WHEREAS, the CCSS and related academic assessments and data mining threaten the privacy of student records and information:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Ninth Legislature of the State of South Dakota, the Senate concurring therein, that we do hereby urge the South Dakota Board of Education to refrain from any effort to expand such educational standards of any kind in any subject area in our state, and further ask the board to establish a plan to end our state's involvement with the Common Core State Standards in the subject areas of math and English/language arts by June 30, 2017.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1047 as found on page 94 of the House Journal; also

Education on HB 1033 as found on pages 94-95 of the House Journal; also

Commerce and Energy on HB 1053 as found on page 95 of the House Journal; also

Appropriations on HB 1028 as found on page 96 of the House Journal; also

Appropriations on HB 1034 as found on page 96 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1105 Introduced by: Representative Langer and Senator Kirkeby

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the compilation and publication of certain local government annual fiscal reports.

Was read the first time and referred to the Committee on Local Government.

HB 1106 Introduced by: The Committee on Commerce and Energy at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the sale of petroleum products.

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

HB 1107 Introduced by: The Committee on Commerce and Energy at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding restraint of trade.

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

HB 1108 Introduced by: The Committee on Commerce and Energy at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding employment strikes and lockouts.

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

HB 1109 Introduced by: Representative Munsterman and Senator Maher

FOR AN ACT ENTITLED, An Act to provide for the enhancement of economic development.

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

HB 1110 Introduced by: Representatives Magstadt, Anderson, Ecklund, Gibson, Heinemann (Leslie), Nelson, Otten (Herman), Rozum, Sly, Solum, Stalzer, Werner, and Wink and Senators Holien, Bradford, Buhl O'Donnell, Ewing, Jones (Chuck), Lucas, and Maher

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the definition of a resident for the purposes of hunting, fishing, and trapping licenses.

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

HB 1111 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions related to the design, construction, and equipping of a veterans home near Hot Springs, to make an appropriation therefor, and to declare an emergency.

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

HB 1112 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to appropriate general funds and higher education facility funds to replace a portion of the other funds appropriated for the construction of swine teaching and research facilities at South Dakota State University and to declare an emergency.

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

HB 1113 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

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

HB 1114 Introduced by: Representatives Olson (Betty), Hoffman, Kaiser, Kopp, and May and Senators Monroe, Jensen, Kirkeby, and Maher

FOR AN ACT ENTITLED, An Act to require the removal of reflector poles along state trunk highways.

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

HB 1115 Introduced by: Representatives Munsterman, Hawley, Hunhoff (Bernie), Magstadt, Novstrup (David), and Solum and Senators Tidemann, Frerichs, Holien, Jones (Chuck), and Kirkeby

FOR AN ACT ENTITLED, An Act to revise the purposes for which the workforce education fund shall be used.

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

HB 1116 Introduced by: Representatives Olson (Betty), Gibson, and May and Senators Maher, Begalka, Jensen, and Monroe

FOR AN ACT ENTITLED, An Act to permit the holders of grazing and agricultural leases on school and public lands to control access to hunt on those lands.

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

HB 1117 Introduced by: Representatives Olson (Betty), Campbell, Ecklund, Greenfield, Latterell, May, Schaefer, and Wick and Senators Kirkeby, Jensen, Maher, and Monroe

FOR AN ACT ENTITLED, An Act to restrict the posting of Gun Free Zone signs in public buildings.

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

HB 1118 Introduced by: Representatives Olson (Betty), Erickson, Gibson, Hoffman, Johns, Kaiser, Kopp, and May and Senators Kirkeby, Begalka, Jensen, Jones (Chuck), and Maher

FOR AN ACT ENTITLED, An Act to clarify certain provisions about discharging firearms in safety zones.

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

HB 1119 Introduced by: Representative Gosch and Senator Tieszen

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to preliminary hearings for persons charged with class 1 misdemeanors.

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

HB 1120 Introduced by: Representatives Haggar (Don), Anderson, Greenfield, Haggar (Jenna), Heinemann (Leslie), Hickey, Kopp, Olson (Betty), Parsley, Rounds, Russell, Schaefer, Verchio, Werner, and Westra and Senators Jones (Chuck), Holien, Jensen, Kirkeby, Maher, Peters, Tidemann, and White

FOR AN ACT ENTITLED, An Act to provide for alternative documentation of financial responsibility for vehicles.

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

HB 1121 Introduced by: Representatives Romkema, Heinert, and Johns and Senators Ewing and Buhl O'Donnell

FOR AN ACT ENTITLED, An Act to include certain actions in liens on property sold for tax deed.

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

HB 1122 Introduced by: Representatives Hajek, Anderson, Erickson, Gibson, Gosch, Hoffman, Killer, Kopp, Latterell, Stevens, and Westra and Senators Lederman, Holien, Jones (Chuck), Maher, Rave, and White

FOR AN ACT ENTITLED, An Act to prohibit the collection in South Dakota of civil fines arising from speeding or red light cameras in other states.

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

HB 1123 Introduced by: Representatives Rounds, Hawley, Hoffman, Magstadt, Rozum, Solum, and Verchio and Senators Kirkeby, Heineman (Phyllis), Lederman, Maher, Peters, Rave, Soholt, and Tieszen

FOR AN ACT ENTITLED, An Act to allow alcoholic beverages to be sold, served, and consumed in certain on-sale licensees during for an extended period of time if specific conditions are met.

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

HB 1124 Introduced by: Representatives Johns, Ring, Romkema, Sly, Stevens, and Tulson and Senators Ewing, Holien, Jones (Chuck), Kirkeby, Krebs, Lucas, Monroe, and Tieszen

FOR AN ACT ENTITLED, An Act to create the South Dakota school safety fund to assist certain school districts in enhancing school safety, and to make an appropriation therefor.

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

HB 1125 Introduced by: Representatives Johns, Carson, Heinemann (Leslie), Mickelson, Olson (Betty), Stalzer, Stevens, and Verchio and Senators Maher, Bradford, Lederman, Soholt, and Tieszen

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding judicial remedies.

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

HB 1126 Introduced by: Representatives Schoenfish, Anderson, Greenfield, Hawks, Nelson, Rasmussen, Schaefer, and Tulson and Senators Van Gerpen, Jones (Tom), Maher, Soholt, and Tieszen

FOR AN ACT ENTITLED, An Act to revise the persons authorized to countersign school board payments.

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

HB 1127 Introduced by: Representatives Hickey, Craig, and Ecklund and Senator Kirkeby

FOR AN ACT ENTITLED, An Act to provide an exemption for alimony payments in debtor filings.

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

HB 1128 Introduced by: Representative Hoffman and Senator Maher

FOR AN ACT ENTITLED, An Act to authorize the Legislative Research Council to remodel, renovate, and upgrade certain facilities in the House Chambers of the State Capitol building, to make an appropriation therefor, and to declare an emergency.

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

HB 1129 Introduced by: Representatives Kopp, Anderson, Bolin, Cammack, Campbell, Carson, Conzet, Craig, Cronin, Duvall, Ecklund, Erickson, Feickert, Feinstein, Gibson, Greenfield, Haggar (Don), Haggar (Jenna), Hajek, Hawks, Hawley, Heinemann (Leslie), Heinert, Hickey, Hoffman, Hunhoff (Bernie), Johns, Kaiser, Kirschman, Langer, Latterell, Lust, Magstadt, May, Mickelson, Munsterman, Olson (Betty), Otten (Herman), Parsley, Peterson, Qualm, Rasmussen, Ring, Romkema, Rounds, Rozum, Schaefer, Schoenfish, Schrempp, Sly, Solum, Stalzer, Steele, Stevens, Tulson, Tyler, Verchio, Werner, Westra, and Wick and Senators Jensen, Begalka, Bradford, Ewing, Frerichs, Jones (Tom), Kirkeby, Lederman, Lucas, Novstrup (Al), Otten (Ernie), Soholt, Solano, Sutton, Tidemann, Tieszen, and Van Gerpen

FOR AN ACT ENTITLED, An Act to prohibit the use of certain explosive targets in the Black Hills Forest Fire Protection District.

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

HB 1130 Introduced by: Representatives Erickson, Carson, Cronin, Gibson, Greenfield, Haggar (Don), Hajek, Heinert, Hoffman, Kopp, Langer, Mickelson, Novstrup (David), Olson (Betty), Qualm, and Verchio and Senators Monroe, Ewing, Kirkeby, Krebs, Novstrup (Al), Omdahl, Rampelberg, and Rave

FOR AN ACT ENTITLED, An Act to authorize the use of crossbows for hunting big game animals during the firearm season.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1131 Introduced by: Representatives Erickson, Cammack, Conzet, Hajek, Langer, Peterson, and Werner and Senators Maher, Lederman, Sutton, Tieszen, Welke, and White

FOR AN ACT ENTITLED, An Act to clarify that a credit card is not required to establish a revolving credit account.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 26: FOR AN ACT ENTITLED, An Act to establish certain electronic crime victim notification procedures.

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

SB 45: FOR AN ACT ENTITLED, An Act to revise the Real Estate Commission's grounds for disciplinary actions on home inspectors.

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

SB 47: FOR AN ACT ENTITLED, An Act to establish new criteria for the certification, licensure, and registration of real estate appraisers.

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

SB 49: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding private placement policies.

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

SB 50: FOR AN ACT ENTITLED, An Act to authorize rule-making authority to establish record-keeping requirements for insurers and producers.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Greenfield requested that HB 1029 be removed from the Consent Calendar.

Which request was granted.

Rep. Latterell requested that HB 1031 be removed from the Consent Calendar.

Which request was granted.

Rep. Nelson requested that HB 1048 be removed from the Consent Calendar.

Which request was granted.

HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding children placed in residential treatment centers or intensive residential treatment centers.

Was read the second time.

The question being "Shall HB 1032 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Carson

Excused:
Munsterman; 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 1009: FOR AN ACT ENTITLED, An Act to repeal the creation of the commemorative medallion fund.

Was read the second time.

The question being "Shall HB 1009 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Nays:
Carson

Excused:
Munsterman; 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 1010: FOR AN ACT ENTITLED, An Act to repeal the tree nursery reserve fund.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Nays:
Carson

Excused:
Munsterman; 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 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licenses issued by the State Plumbing Commission and the fees that may be set by the commission.

Was read the second time.

The question being "Shall HB 1046 pass?"

And the roll being called:

Yeas 59, Nays 9, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt; May; Mickelson; Novstrup (David); Olson (Betty); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Campbell; Craig; Haggar (Jenna); Kaiser; Kopp; Latterell; Nelson; Otten (Herman); Russell

Excused:
Munsterman; 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.

Rep. Lust moved that HB 1036 be placed to follow HB 1022 on today's calendar.

Which motion prevailed.

HB 1013: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to finance the construction of improvements in the state park system for the Department of Game, Fish and Parks and to declare an emergency.

Was read the second time.

The question being "Shall HB 1013 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Greenfield; Kaiser; Nelson

Excused:
Munsterman; 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 1057: FOR AN ACT ENTITLED, An Act to repeal certain provisions imposing the inheritance tax and the estate tax.

Was read the second time.

The question being "Shall HB 1057 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Excused:
Munsterman; 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. Lust moved that HB 1060 be placed to follow HB 1041 on today's calendar.

Which motion prevailed.

HB 1070: FOR AN ACT ENTITLED, An Act to sunset certain tax refund claims for an economic development incentive program that has been previously terminated and to declare an emergency.

Was read the second time.

The question being "Shall HB 1070 pass?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Nelson; Russell

Excused:
Munsterman; 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.

Rep. Lust moved that HB 1030 be placed to follow HB 1060 on today's calendar.

Which motion prevailed.

HB 1049: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions regarding the South Dakota Athletic Commission.

Was read the second time.

The question being "Shall HB 1049 pass?"

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Campbell; Ecklund; Haggar (Jenna); Kaiser; Latterell; Nelson

Excused:
Munsterman; 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 1022: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved property in Spearfish and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1022 pass?"

And the roll being called:

Yeas 61, Nays 7, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Langer; Latterell; Lust; Magstadt; Mickelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Campbell; Greenfield; Kopp; May; Nelson; Russell; Steele

Excused:
Munsterman; 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 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the billboard permitting process.

Was read the second time.

The question being "Shall HB 1036 pass?"

And the roll being called:

Yeas 48, Nays 20, Excused 2, Absent 0

Yeas:
Bartling; Bolin; Cammack; Carson; Conzet; Cronin; Dryden; Duvall; Erickson; Feickert; Feinstein; Gibson; Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Johns; Kirschman; Langer; Lust; Mickelson; Novstrup (David); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Anderson; Campbell; Craig; Ecklund; Greenfield; Haggar (Don); Haggar (Jenna); Hickey; Kaiser; Killer; Kopp; Latterell; Magstadt; May; Nelson; Olson (Betty); Otten (Herman); Russell; Steele; Tulson

Excused:
Munsterman; 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. Lust moved that the balance of the calendar including HB 1039, 1041, 1060, and 1030 be deferred to Wednesday, January 29, the 10^th legislative day.

Which motion prevailed.

HC 1003 Introduced by: Representatives Gosch, Bartling, Cronin, Gibson, Hunhoff (Bernie), Lust, Munsterman, Parsley, Sly, Westra, and Wink and Senators Brown, Frerichs, Holien, Lederman, Lucas, Maher, Rave, and Rhoden

A LEGISLATIVE COMMEMORATION, Honoring South Dakota's Army and Air National Guard outstanding personnel award winners.

WHEREAS, South Dakota's Army and Air National Guard units and organizations have served this state and nation with distinction in a variety of circumstances including combat deployments around the world, service in response to emergency and disaster events in this state, and maintenance of a training regimen that ensures a superior level of readiness and efficiency. South Dakota's National Guard personnel continue to make personal and professional sacrifices of the highest order in the course of their military service; and

WHEREAS, each year South Dakota's top-performing Army and Air National Guard members are honored for their exemplary service. For 2013, the following members were so honored:

    South Dakota Army National Guard
    Soldier of the Year - SPC Dalton DeBoer, 147^th Field Artillery Bn, Watertown
    NCO of the Year - SSG Sam Schaefers, 147^th Field Artillery Bn, Watertown
    Warrant Officer of the Year - CW2 Benjamin Smetana, 196^th Maneuver Enhancement Bde, Sioux Falls
    Officer of the Year - 1LT Richard Bauman, 109^th Regional Support Gp, Rapid City

    South Dakota Air National Guard
    Outstanding Airman of the Year - SrA Kammi Fiegen, 114^th Fighter Wing, Sioux Falls
    Outstanding NCO of the Year - TSgt Christopher Wilsey, 114^th Fighter Wing, Sioux Falls
    Outstanding Sr NCO of the Year - SMSgt Zona Hornstra, 114^th Fighter Wing, Sioux Falls
    Outstanding First Sgt of the Year - CMSgt Randy Wingen, 114^th Fighter Wing, Sioux Falls:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature congratulates the above-named members of the South Dakota Army and Air National Guard and conveys its heartfelt gratitude and respect to all of South Dakota's National Guard personnel.

HC 1009 Introduced by: Representatives Nelson, Campbell, Carson, Kaiser, Steele, and Verchio and Senator Van Gerpen

A LEGISLATIVE COMMEMORATION, Commending and honoring Staff Sergeant Sam Schaefers for his selection as the South Dakota Army National Guard Noncommissioned Officer of the Year.

WHEREAS, the South Dakota Army National Guard consistently is ranked as one of the best Army National Guard units in the nation; and

WHEREAS, Staff Sergeant Sam Schaefers earned the distinction as the Noncommissioned Officer of the Year of the South Dakota Army National Guard after demonstrating great proficiency, leadership, steadfast dedication, and serving with honor; and

WHEREAS, as noted by his South Dakota Army National Guard state supervisors and commanders, Staff Sergeant Sam Schaefers' leadership and dedication to duty exemplify the total package of Army core values; and

WHEREAS, Staff Sergeant Sam Schaefers' performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Staff Sergeant Sam Schaefers is commended, congratulated, and honored as the South Dakota Army National Guard Noncommissioned Officer of the year. Staff Sergeant Schaefers is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for his continued success, happiness, and safety. Hooah!

HC 1010 Introduced by: Representatives Nelson, Campbell, Carson, Kaiser, Steele, and Verchio and Senator Van Gerpen

A LEGISLATIVE COMMEMORATION, Commending and honoring Specialist Dalton Deboer for his selection as the South Dakota Army National Guard Soldier of the Year.

WHEREAS, the South Dakota Army National Guard consistently is ranked as one of the best Army National Guard units in the nation; and

WHEREAS, Specialist Dalton Deboer earned the distinction as the Soldier of the Year of the South Dakota Army National Guard after demonstrating great proficiency, steadfast dedication, and serving with honor; and

WHEREAS, as noted by his South Dakota Army National Guard state supervisors and commanders, Specialist Dalton Deboer's proficiency and dedication to duty exemplify the total package of Army core values; and

WHEREAS, Specialist Dalton Deboer's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Specialist Dalton Deboer is commended, congratulated, and honored as the South Dakota Army National Guard Soldier of the year. Specialist Deboer is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended best wishes for his continued success, happiness, and safety. Hooah!

HC 1011 Introduced by: Representatives Nelson and Stalzer and Senators Van Gerpen and Begalka

A LEGISLATIVE COMMEMORATION, Commending and honoring Senior Master Sergeant Zona Hornstra for her selection as the South Dakota Air National Guard Senior Noncommissioned Officer of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, Senior Master Sergeant Zona Hornstra was selected as the Senior Noncommissioned Officer of the Year of the South Dakota Air National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

WHEREAS, as noted by her South Dakota National Guard supervisors and commanders, Senior Master Sergeant Zona Hornstra is dedicated to duty and leadership and exemplifies the total package of Air Force core values; and

WHEREAS, Senior Master Sergeant Zona Hornstra's performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Senior Master Sergeant Zona Hornstra is congratulated,

commended, and honored as the South Dakota Air National Guard Senior Noncommissioned Officer of the Year. Senior Master Sergeant Zona Hornstra is recognized for her outstanding service to, and representation of, the State of South Dakota. She is extended our best wishes for her continued success, happiness, and safety.

HC 1012 Introduced by: Representative Nelson and Senator Rhoden

A LEGISLATIVE COMMEMORATION, Commending and honoring Chief Warrant Officer Two Benjamin Smetana for his selection as the South Dakota Army National Guard Warrant Officer of the Year.

WHEREAS, the South Dakota Army National Guard consistently is ranked as one of the best Army National Guard units in the nation; and

WHEREAS, Chief Warrant Officer Two Benjamin Smetana was selected as the Warrant Officer of the Year of the South Dakota Army National Guard after serving with honor, great proficiency, leadership, and steadfast dedication; and

WHEREAS, as noted by his South Dakota Army National Guard state supervisors and commanders, Chief Warrant Officer Two Benjamin Smetana's dedication to duty and leadership exemplify the total package of Army core values; and

WHEREAS, Chief Warrant Officer Two Benjamin Smetana's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Chief Warrant Officer Two Benjamin Smetana is congratulated, commended, and honored as a recipient of the South Dakota Army National Guard Warrant Officer of the Year award; is recognized for his outstanding service as well as his outstanding representation of the State of South Dakota; and is extended our best wishes for his continued success, happiness, and safety. Hooah!

HC 1013 Introduced by: Representative Nelson and Senator Rhoden

A LEGISLATIVE COMMEMORATION, Commending and honoring First Lieutenant Richard Bauman for his selection as South Dakota Army National Guard Officer of the Year.

WHEREAS, the South Dakota Army National Guard consistently is ranked as one of the best Army National Guard units in the nation; and

WHEREAS, First Lieutenant Richard Bauman was selected as the Officer of the Year of the South Dakota Army National Guard after serving with honor, steadfast dedication, leadership, and great proficiency as an officer; and

WHEREAS, as noted by his South Dakota Army National Guard state supervisors and commanders, First Lieutenant Richard Bauman's leadership, proficiency, and dedication exemplify the total package of Army core values; and

WHEREAS, First Lieutenant Richard Bauman's performance is in keeping with the highest traditions established by South Dakota's many veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that First Lieutenant Richard Bauman is commended, congratulated, and honored as the South Dakota Army National Guard Officer of the Year. Lieutenant Bauman is recognized for his outstanding service and outstanding representation of the State of South Dakota, and is extended our best wishes for his continued success, happiness, and safety. Hooah!

HC 1014 Introduced by: Representative Nelson and Senators Van Gerpen and Novstrup (Al)

A LEGISLATIVE COMMEMORATION, Commending and honoring Technical Sergeant Christopher Wilsey for his selection as the South Dakota Air National Guard Noncommissioned Officer of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, Technical Sergeant Christopher Wilsey was selected as the Noncommissioned Officer of the Year of the South Dakota Air National Guard after serving with honor and demonstrating great proficiency, leadership, and steadfast dedication; and

WHEREAS, as noted by his South Dakota Air National Guard state supervisors and commanders, Technical Sergeant Christopher Wilsey is dedicated to his duties and to leading airmen, and exemplifies the total package of Air Force core values; and

WHEREAS, Technical Sergeant Christopher Wilsey's performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Technical Sergeant Christopher Wilsey is commended, congratulated, and honored as the South Dakota Air National Guard Noncommissioned Officer of the Year. Technical Sergeant Christopher Wilsey is recognized for his outstanding service to, and representation of, the state of South Dakota. He is extended our best wishes for his continued success, happiness, and safety.

HC 1015 Introduced by: Representative Nelson and Senator Jones (Chuck)

A LEGISLATIVE COMMEMORATION, Commending and honoring Senior Airman Kammi Fiegen for her selection as the South Dakota Air National Guard Airman of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, Senior Airman Kammi Fiegen was selected as the best airman in the South Dakota Air National Guard after serving with honor and demonstrating great proficiency and steadfast dedication; and

WHEREAS, as noted by her South Dakota Air National Guard state supervisors and commanders, Senior Airman Kammi Fiegen is dedicated to duty and leadership and exemplifies the total package of Air Force core values; and

WHEREAS, Senior Airman Kammi Fiegen's performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our great Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Senior Airman Kammi Fiegen is congratulated, commended, and honored as the South Dakota Air National Guard Airman of the Year. Senior Airman Kammi Fiegen is recognized for her outstanding service and outstanding representation of the State of South Dakota.

HC 1016 Introduced by: Representative Nelson and Senator Jones (Chuck)

A LEGISLATIVE COMMEMORATION, Commending and honoring Chief Master Sergeant Randy Wingen for his selection as the South Dakota Air National Guard Outstanding First Sergeant of the Year.

WHEREAS, the South Dakota Air National Guard consistently is ranked as one of the best Air Guard units in the nation; and

WHEREAS, Chief Master Sergeant Randy Wingen was selected as the South Dakota Air National Guard Outstanding First Sergeant of the Year, serving with honor and demonstrating great proficiency, leadership, and steadfast dedication; and

WHEREAS, as noted by his South Dakota Air National Guard state supervisors and commanders, Chief Master Sergeant Randy Wingen is dedicated to his duties and exemplifies the total package of Air Force core values; and

WHEREAS, Chief Master Sergeant Randy Wingen's performance is in keeping with the highest traditions established by South Dakota's veterans and the United States Armed Forces; and

WHEREAS, South Dakotans greatly appreciate the sacrifice, dedication, and service of all those who put their lives on the line to serve South Dakota and our Nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Chief Master Sergeant Randy Wingen is commended, congratulated, and honored as the South Dakota Air National Guard Outstanding First Sergeant of the Year. Chief Master Sergeant Wingen is recognized for his outstanding service to, and representation of, the state of South Dakota. He is extended our best wishes for his continued success, happiness, and safety.

HC 1017 Introduced by: Representatives Nelson and Kaiser and Senators Van Gerpen and Begalka

A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Trooper Shane Severyn upon his retirement, for his many dedicated years of service to South Dakotans as a highway patrolman.

WHEREAS, Trooper Shane Severyn, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

WHEREAS, the actions, performance, and tenure of Trooper Shane Severyn were in keeping with the highest traditions of the South Dakota Highway Patrol:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Trooper Shane Severyn for his outstanding career commitment and service to the citizens of South Dakota.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 3:27 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk