JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 29, 2014

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

The prayer was offered by the Chaplain, Deacon Denny Davis, followed by the Pledge of Allegiance led by House pages Ivy Sherard and Abbie Wieseler.

Roll Call: All members present except Reps. Cronin, Heinemann, 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 ninth 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.

Speaker Gosch introduced Shana Davis of Pierre, the South Dakota 2013 Milken Educator.

Speaker Gosch introduced LuAnn Lindskov of Timber Lake, the South Dakota 2014 Teacher of the Year.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as follows:

The secretary of state and the attorney general shall provide information requested by the Board of Regents in order to carry out administrative, oversight, information sharing, and reporting responsibilities on behalf of South Dakota under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement, dated November 1, 2013, and the National Council for State Authorization Reciprocity Agreement's Policies and Standards, dated November 18, 2013. With respect to any postsecondary institution authorized under this chapter that is not controlled by the Board of Regents, the information requested by the Board of Regents from the secretary of state and the attorney general may not exceed that which is specifically required for a postsecondary institution to receive reciprocal authorizations to conduct distance education activities in other states under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement, dated November 1, 2013, and the National Council for State Authorization Reciprocity Agreement's Policies and Standards, dated November 18, 2013.

Section 2. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this chapter, physical location in this state, means the ongoing occupation of a physical location in South Dakota for instructional purposes or the maintenance of an administrative office to facilitate instruction. The following activities do not constitute the use of a physical location in this state: delivering of distance education courses online, through correspondence or broadcast; advertising; recruiting; contractual arrangements to acquire goods or services, including educational or examination proctoring services, with institutions or businesses physically located in South Dakota; courses delivered on military installations by an accredited institution limited to active and reserve military personnel, dependents of military personnel, and civilian employees of the military installation; field trips; operation of a server or other electronic service device; short courses (twenty classroom hours or less, or the equivalent thereof); courses for which fewer than twenty-five percent of class requirements take place in a setting where the instructor and students physically meet together; and experiential learning opportunities, such as a clinical, practicum, residency, or internship, if the offering institution has already obtained all the necessary professional and licensure approvals necessary to conduct the learning opportunity in the state, and that only ten students from each institution are physically present simultaneously at a single field site."

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide certain provisions regarding the requirements for postsecondary institutions to participate in a multistate state authorization reciprocity agreement for distance education activities.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1088 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1004 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1067 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1077 and 1082 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1063 and 1073 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Brian G. Gosch, Chair

REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Eighty-eighth Legislative Session be adopted as the joint rules of the Eighty-ninth Legislative Session with the following changes:

Amend Section 3-4 of the Joint Rules as follows:

3-4. Engrossing and enrolling. The engrossing and enrolling duties of the Legislative Research Council are:

            (1) To engross and enroll all bills delivered to them;

            (2) To provide and supervise secretarial assistance to legislators as requested;

            (3) To collect from the secretaries of all standing and special committees the minutes of such committees and retain them in the Legislative Research Council Library; and

(4) To correct clerical errors, with the consent of the ~~secretary of the Senate or chief clerk of the House of Representatives~~ code counsel, in any bill ~~originating in the house by which they are employed~~. Clerical errors which may be corrected are: errors in spelling, errors in numbering sections, errors of omission or commission due to addition or deletion of material, and errors due to copying incorrectly from the most recent statute. The ~~secretary of the Senate and the chief clerk of the House~~ code counsel shall inform the principal sponsor of ~~all such corrections~~ each correction.

Amend Chapter 5 of the Joint Rules as follows:

5-1.1. Amendments proposing penalties. Any attempt to offer an amendment, whether in committee or on the floor, that requires a fiscal impact statement shall be ruled out of order unless offered with a preexisting fiscal impact statement.

5-9. Division of the question. Any member may call for a division of the question. The presiding officer shall divide the question if it contains questions so distinct that, one being taken away, the rest may stand as a separate proposition. A motion for division of the question is not in order on a bill which is before either house for final disposition.

Amend Chapter 6 of the Joint Rules as follows:

6B-1.1 Withdrawal of bills. The provisions of 6B-1 and 6D-1 notwithstanding, prior to the first committee hearing in the house of origin, the prime sponsor of any bill or resolution may withdraw any bill or resolution in the house of origin with the approval of the presiding officer. The presiding officer shall then declare the bill or resolution formally withdrawn and shall order that an entry be made in the bill status so stating.

6C-1. Bills and resolutions that require fiscal notes. ~~Any~~ A bill or resolution ~~prefiled or introduced~~ which has an effect on the revenues, expenditures, or fiscal liability of the state ~~shall~~ or any political subdivision of the state may include a fiscal note incorporating an estimate of ~~such~~ the effect. This rule does not apply to the cost of legislative processing, or any appropriation ~~measures~~ bill ~~carrying~~ with specific dollar amounts. A fiscal note is an estimate of the fiscal implications relating to revenues, expenditures or debt and the probable cost of the bill or resolution. In preparing the fiscal note, the Director of the Legislative Research Council may use information or data supplied by any person, agency, organization, or governmental unit that the director deems reliable. The director shall state the sources of the information or data used and may state the extent to which the director relied on the information or data in preparing the fiscal note. If the director is unable to acquire or develop sufficient information or data to prepare a fiscal note, the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed to comply with this rule. If the director determines that the fiscal impact of a bill or resolution cannot be determined, the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed to comply with this rule.

This rule does not apply to fiscal impact statements required by §§ 2-1-19 and 2-1-20.

6C-1.1. Request for fiscal note by any member. A fiscal note may be requested by ~~any member if supported by one-fifth of the members of the house in which the bill or resolution is to be considered, at the time of the second reading, if the bill or resolution has an effect on~~

the revenues, expenditures, or fiscal liability of the state. However, the request shall not extend final consideration of the bill over two days beyond the last day for passage from the house of origin:

(1) The presiding officer when a bill or resolution is introduced;

(2) The chair of the standing committee possessing the bill or resolution;

(3) A majority vote of the standing committee possessing the bill or resolution; or

(4) A legislator, if the legislator is supported by a vote of one-fifth of the body before the second reading of the bill or resolution.

~~6C-2.~~ Legislative Research Council to prepare fiscal notes. If the presiding officer determines a bill or resolution requires a fiscal note at the time of introduction, the presiding officer shall request the Director of the Legislative Research Council to prepare the fiscal note, in consultation with the Bureau of Finance and Management. The Director of the Legislative Research Council shall prepare a fiscal note for prefiled bills or resolutions.

~~6C-3~~ 6C-2. Deferral of bills without fiscal note. The original copy of a bill or resolution for which a fiscal note has been requested shall be stamped by the bill clerk with the initials "F.N." before referral to a committee. If ~~such~~ the bill or resolution is reported back ~~to the house~~ without a fiscal note, the presiding officer shall defer placing the bill or resolution on the calendar until the requested fiscal note is received.~~, unless in~~ However, the presiding officer may place the bill or resolution on the calendar if the presiding officer determines ~~officer's opinion~~ a fiscal note is no longer required.

~~6C-4.~~ Committees may request fiscal note. If the presiding officer has not requested a fiscal note on a bill or resolution having a fiscal effect, the committee, or its chair, considering the bill or resolution may request a fiscal note. The committee may request an amended fiscal note if a bill or resolution is amended.

~~6C-5~~ 6C-3 . Attaching fiscal note to bill. If a fiscal note is available, it shall be attached by the ~~Office of Engrossing and Enrolling~~ bill clerk at the end of the original copy of the bill or resolution.

~~6C-6.~~ Local government fiscal notes. In addition, if requested by the presiding officer or any legislator, a bill or resolution which has an effect on the revenues, expenditures, or fiscal liability of any political subdivision of the state shall have attached a fiscal note, prepared by the Director of the Legislative Research Council, in consultation with the Bureau of Finance and Management.

~~6C-7~~ 6C-4. Retirement system actuarial statement. Each bill introduced affecting the benefits payable by the state or a local government retirement system shall have an actuarial statement ~~requested by the sponsor and~~ attached to the bill. The actuarial statement shall be requested from the governing board of the retirement system affected and the statement shall identify the costs of the proposed change in the law as stated by the actuary for the affected retirement plan. If there is a doubt as to the need for an actuarial statement, the presiding officer

shall make the final decision. After the bill is introduced, the ~~Chief of Enrolling and Engrossing~~ bill clerk shall attach the actuarial statement to the original bill.

6H-1. Introduction of commemorations. Any member may introduce a legislative commemoration, which may be cosponsored by other members of either house, by filing it with the bill clerk of that member's house. The prime sponsor shall submit all necessary information to the legislative research council prior to introduction. However, no member may introduce a legislative commemoration ~~during the last three legislative days of the session~~ after the deadline prescribed by Joint Rule Chapter 17.

CHAPTER 17. LEGISLATIVE DEADLINES

Legislative Deadlines
Legislative Action	40 Day Session	35 Day Session
Final day for introduction of individual bills and joint resolutions	15^th Day	10^th Day
Final day for introduction of committee bills and joint resolutions*	16^th Day	11^th Day
Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house	26^th Day	21^st Day
Last day to move required delivery of bills or resolutions by a committee to the house of origin*	27^th Day	22^nd Day
Last day to pass bills or joint resolutions by the house of origin*	28^th Day	23^rd Day
Final day for introduction of concurrent resolutions and commemorations	28^th Day	23^rd Day
During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)	34^th Day on	29^th Day on
Last day to move required delivery of bills or resolutions by a committee to the second house*	35^th Day	30^th Day
Last day for a bill or joint resolution to pass both houses*	36^th Day	31^st Day
Two days preceding the final two days of a legislative session shall be reserved for concurrences or action upon conference committee reports	37^th Day 38^th Day	32^nd Day 33^rd Day
The final day of a legislative session is reserved for the consideration of vetoes	40^th Day	35^th Day
* This deadline does not apply to the general appropriations bill.

The joint rules and the rules of the Senate and House shall be printed in the House Journal.

Respectfully submitted,    Respectfully submitted,
Brian Gosch        Corey Brown
David Lust        Tim Rave
Bernie Hunhoff        Jason Frerichs
House Committee        Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 12, 14, 21, 22, 24, 27, 31, 32, 34, 35, 48, 52, 55, 70, and 71 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HCR 1008: 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.

Rep. Bolin moved that HCR 1008 as found on page 115 of the House Journal be adopted.

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

And the roll being called:

Yeas 31, Nays 35, Excused 4, Absent 0

Yeas:
Anderson; Bolin; Cammack; Campbell; Craig; Ecklund; Erickson; Feickert; Greenfield; Haggar (Don); Haggar (Jenna); Hickey; Hoffman; Kaiser; Kopp; Langer; Latterell; Magstadt; May; Mickelson; Nelson; Olson (Betty); Qualm; Rasmussen; Russell; Schaefer; Stalzer; Steele; Westra; Wick; Wink

Nays:
Bartling; Carson; Conzet; Dryden; Duvall; Feinstein; Gibson; Hajek; Hawks; Hawley; Heinert; Hunhoff (Bernie); Johns; Killer; Kirschman; Lust; Novstrup (David); Otten (Herman); Parsley; Peterson; Ring; Romkema; Rounds; Rozum; Schoenfish; Schrempp; Sly; Soli; Solum; Stevens; Tulson; Tyler; Werner; Wismer; Speaker Gosch

Excused:
Cronin; Heinemann (Leslie); Munsterman; Verchio

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

HCR 1009 Introduced by: Representatives Nelson, Bolin, Campbell, Craig, Kaiser, Kopp, Magstadt, May, Olson (Betty), Russell, Steele, and Verchio and Senators Begalka, Jensen, Novstrup (Al), and Omdahl

A CONCURRENT RESOLUTION, Urging the federal government to enforce United States immigration laws and not grant amnesty to those who have entered the United States illegally.

WHEREAS, the United States of America takes in more legal immigrants than any nation in the world; and

WHEREAS, it is impossible to honor the rich tradition of immigration and the rule of law upon which the American republic was founded unless existing immigration laws are ardently and equally enforced; and

WHEREAS, according to estimates, eleven to twenty million people are present in the United States in violation of immigration laws; and

WHEREAS, while more than twenty million Americans are under-employed or unemployed, illegal labor takes jobs away from American workers and lowers American wages; and

WHEREAS, illegal employment and illegal immigration have a negative effect an America's poorest; and

WHEREAS, the weight of the crisis lies with employers willing to hire cheaper black-market labor while legal immigrants and native-born Americans suffer the ravages of unemployment; and

WHEREAS, official Congressional Budget Office data estimates that the recently passed Schumer-Rubio "Gang of Eight" legalization legislation known as S.744 would only reduce illegal immigration by thirty to fifty percent; and

WHEREAS, the Congressional Budget Office also reports that the same Senate immigration bill would lower American wages; and

WHEREAS, President Barack Obama declared in his January 27, 2010, State of the Union address, "We should continue the work of fixing our broken immigration system_to secure our borders and enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation."; and

WHEREAS, it is the responsibility of the federal government to enforce its borders, immigration laws, and employment laws to protect American citizens and the sovereignty of the United States of America; and

WHEREAS, Congress instituted a "one time" legalization for illegal aliens in 1986 that promised to solve the illegal immigration crisis forever; and

WHEREAS, the amnesty of 1986 proved beyond all doubt that rewarding illegal immigrants with amnesty is counter to the principles of justice and equal protection and only produces more illegal immigration; and

WHEREAS, the enforcement of existing federal immigration laws including those regarding national security, immigration, and employment are necessary for the perpetuation of the sovereignty of this nation and the well-being of the American people:

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 the South Dakota Legislature urges the President and the Congress of the United States to provide immediately for the security of our nation by controlling and securing our national borders and to reject all efforts to grant amnesty to illegal aliens who have violated the immigration laws of this nation and who are here illegally.

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

Rep. Lust moved that the temporary house rules of the Eighty-eighth Legislative Session be made the permanent house rules of the Eighty-ninth Legislative Session.

The question being on Rep. Lust's moved that the temporary house rules of the Eighty-eighth Legislative Session be made the permanent house rules of the Eighty-ninth Legislative Session.

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; 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:
Cronin; Heinemann (Leslie); Munsterman; Verchio

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

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the report of the Standing Committee on

Local Government on HB 1066 as found on page 112 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1132 Introduced by: Representatives Craig, Haggar (Jenna), Latterell, Nelson, Olson (Betty), Qualm, Schoenfish, and Stalzer and Senators Rampelberg, Jensen, Lederman, and Rave

FOR AN ACT ENTITLED, An Act to make a minor's school calendar the reference point from which to permit employment that would not interfere with the minor's education.

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

HB 1133 Introduced by: Representatives Rozum, Bartling, Feickert, Hickey, Hoffman, Peterson, Rounds, Tulson, Tyler, and Verchio and Senators Vehle, Begalka, Frerichs, Kirkeby, Krebs, Rampelberg, Tieszen, and Van Gerpen

FOR AN ACT ENTITLED, An Act to repeal or revise certain provisions concerning townships.

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

HB 1134 Introduced by: Representatives Rozum, Heinert, and Magstadt and Senators Tieszen and Buhl O'Donnell

FOR AN ACT ENTITLED, An Act to clarify certain municipal powers.

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

HB 1135 Introduced by: Representatives Otten (Herman) and Tyler and Senators Soholt and Buhl O'Donnell

FOR AN ACT ENTITLED, An Act to revise certain exceptions to special assessments levied upon real property.

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

HB 1136 Introduced by: Representatives Steele, Anderson, Bartling, Bolin, Campbell, Conzet, Craig, Cronin, Ecklund, Erickson, Feickert, Gibson, Gosch, Haggar (Don), Haggar (Jenna), Heinemann (Leslie), Hickey, Hoffman, Hunhoff (Bernie), Killer, Langer, Latterell, Lust, Magstadt, Mickelson, Nelson, Olson (Betty), Otten (Herman), Parsley, Qualm, Rounds, Schrempp, Sly, Stalzer, Stevens, Tyler, Westra, Wick, and Wink and Senators Lederman, Begalka, Bradford, Brown, Frerichs, Heineman (Phyllis), Holien, Jensen, Jones (Tom), Maher, Novstrup (Al), Omdahl, Otten (Ernie), Rampelberg, Rave, Rhoden, Solano, Sutton, Tieszen, and Welke

FOR AN ACT ENTITLED, An Act to limit the authority of delegates to a limited Article V convention to vote for unauthorized amendments contrary to legislative instructions and to provide a civil fine for the violation thereof.

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

HB 1137 Introduced by: Representatives Wick, Ecklund, Haggar (Don), Heinemann (Leslie), Kaiser, Munsterman, Rounds, Steele, and Werner and Senators Novstrup (Al), Brown, Heineman (Phyllis), Holien, and Kirkeby

FOR AN ACT ENTITLED, An Act to revise the title of the task force responsible for implementing and overseeing the assessment of agricultural land and to assign the task force certain other oversight responsibilities.

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

HB 1138 Introduced by: Representatives Olson (Betty), Gibson, Greenfield, Kaiser, May, and Russell and Senators Maher, Begalka, and Monroe

FOR AN ACT ENTITLED, An Act to deposit money in the permanent school fund for certain school and public lands adjacent to walk-in areas.

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

HB 1139 Introduced by: Representative Hunhoff (Bernie) and Senator Novstrup (Al)

FOR AN ACT ENTITLED, An Act to limit the fees a government entity may charge a person to provide public documents.

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

HB 1140 Introduced by: Representatives Tulson, Ecklund, Feickert, Greenfield, Heinert, Hoffman, Hunhoff (Bernie), Johns, Kopp, May, Novstrup (David), Olson (Betty), Peterson, Rasmussen, Rozum, Schaefer, Schoenfish, Tyler, Verchio, and Werner and Senators Begalka, Bradford, Jones (Tom), Kirkeby, Krebs, Maher, Tieszen, and Welke

FOR AN ACT ENTITLED, An Act to permit townships to levy a capital improvement property tax for secondary roads, bridges, and culverts.

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

HB 1141 Introduced by: Representatives Hoffman and Cronin and Senators Holien and Peters

FOR AN ACT ENTITLED, An Act to require the South Dakota High School Activities Association to comply with the open meeting laws.

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

HB 1142 Introduced by: Representatives Mickelson, Bolin, Conzet, Dryden, Ecklund, Erickson, Haggar (Don), Hajek, Heinemann (Leslie), Hickey, Hoffman, Langer, Lust, May, Novstrup (David), Otten (Herman), Rozum, Solum, Stalzer, Werner, Westra, Wick, and Wink and Senators White, Curd, Frerichs, Heineman (Phyllis), Jones (Tom), Kirkeby, Krebs, Peters, Rampelberg, Rave, Van Gerpen, and Vehle

FOR AN ACT ENTITLED, An Act to enhance the support for public postsecondary technical institutes and to make an appropriation therefor.

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

HB 1143 Introduced by: Representatives Greenfield and Johns and Senators Maher and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding unemployment insurance benefit eligibility of workers attending approved training.

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

HB 1144 Introduced by: Representatives Greenfield, Kaiser, Latterell, Rozum, and Wick and Senators Monroe, Begalka, Jensen, Kirkeby, Lederman, and Vehle

FOR AN ACT ENTITLED, An Act to make an appropriation to the state aeronautics fund.

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

HB 1145 Introduced by: Representative Cronin and Senator Rave

FOR AN ACT ENTITLED, An Act to accommodate legislation on medical services.

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

HB 1146 Introduced by: Representative Cronin and Senator Rave

FOR AN ACT ENTITLED, An Act to accommodate legislation relating to education in South Dakota.

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

HB 1147 Introduced by: Representative Cronin and Senator Rave

FOR AN ACT ENTITLED, An Act to accommodate legislation on the state aid to education formula and to make an appropriation therefor.

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

HB 1148 Introduced by: Representatives Magstadt, Ecklund, Langer, and Solum and Senator Holien

FOR AN ACT ENTITLED, An Act to provide a license for certain businesses to allow patrons to manufacture malt beverages and wines on the licensed premises for personal use.

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

HB 1149 Introduced by: Representatives Feinstein, Craig, Hawks, Hickey, Ring, Schoenfish, and Stalzer and Senators Sutton, Buhl O'Donnell, Jones (Tom), and Welke

FOR AN ACT ENTITLED, An Act to lower the state sales and use tax on certain food items and to increase the rate of taxation for the sales and use tax on certain goods and services.

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

HB 1150 Introduced by: Representatives Wick, Campbell, Conzet, Cronin, Ecklund, Feickert, Greenfield, Haggar (Jenna), Hawley, Heinemann (Leslie), Hoffman, Hunhoff (Bernie), Kaiser, Kopp, Langer, Magstadt, May, Mickelson, Munsterman, Novstrup (David), Olson (Betty), Qualm, Rasmussen, Schaefer, Stalzer, Steele, Tulson, Verchio, Westra, and Wink and Senators Rhoden, Ewing, Heineman (Phyllis), Holien, Jensen, Lederman, Maher, Monroe, Novstrup (Al), Omdahl, Otten (Ernie), Peters, Rampelberg, and Van Gerpen

FOR AN ACT ENTITLED, An Act to require that the pledge of allegiance to the flag of the United States be recited at the start of each school day in every public school classroom.

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

HB 1151 Introduced by: Representatives Anderson, Bartling, Cronin, and Lust and Senators Solano, Brown, Rampelberg, and Rhoden

FOR AN ACT ENTITLED, An Act to revise certain deadlines and offices regarding budgetary planning for municipalities.

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

HB 1152 Introduced by: Representatives Lust, Conzet, Cronin, Gosch, Hoffman, Hunhoff (Bernie), Sly, and Westra and Senators Rave, Lederman, Lucas, Maher, Monroe, Rhoden, Soholt, and Vehle

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning registration of limited partnerships.

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

HB 1153 Introduced by: Representatives Lust, Cronin, Hickey, Hoffman, Kirschman, Novstrup (David), Peterson, and Schoenfish and Senators Peters, Brown, Kirkeby, Lederman, Maher, and Solano

FOR AN ACT ENTITLED, An Act to define certain entities using a common paymaster as a single employing unit for the purposes of unemployment compensation.

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

HB 1154 Introduced by: Representatives Stalzer, Anderson, Bolin, Cammack, Campbell, Conzet, Craig, Cronin, Duvall, Ecklund, Erickson, Feinstein, Gosch, Greenfield, Haggar (Don), Haggar (Jenna), Hawks, Heinemann (Leslie), Hickey, Hunhoff (Bernie), Kaiser, Kirschman, Kopp, Langer, Latterell, Lust, Magstadt, May, Mickelson, Munsterman, Nelson, Novstrup (David), Olson (Betty), Otten (Herman), Parsley, Peterson, Qualm, Rozum, Russell, Schaefer, Soli, Solum, Steele, Stevens, Tulson, Tyler, Verchio, Werner, Westra, Wick, and Wink and Senators Omdahl, Begalka, Curd, Ewing, Heineman (Phyllis), Holien, Jensen, Jones (Chuck), Kirkeby, Lederman, Maher, Monroe, Otten (Ernie), Rave, Rhoden, and White

FOR AN ACT ENTITLED, An Act to authorize the commissioner of school and public lands to grant certain surface and subsurface easements to provide access to oil, gas, minerals, and geothermal resources.

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

HB 1155 Introduced by: Representatives Haggar (Jenna), Anderson, Bolin, Campbell, Conzet, Craig, Cronin, Ecklund, Feickert, Gosch, Greenfield, Haggar (Don), Heinemann (Leslie), Hickey, Hoffman, Killer, Kirschman, Kopp, Latterell, Magstadt, Mickelson, Munsterman, Olson (Betty), Peterson, Qualm, Rasmussen, Ring, Rounds, Schoenfish, Soli, Stalzer, Steele, Verchio, Werner, Westra, Wick, and Wink and Senators Lederman, Begalka, Bradford, Frerichs, Jensen, Jones (Chuck), Maher, Monroe, Rampelberg, Rave, and Welke

FOR AN ACT ENTITLED, An Act to allow a court to vacate certain convictions if the offense was committed as a result of human trafficking.

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

HB 1156 Introduced by: Representatives Hawley, Anderson, Ecklund, Hawks, Heinert, Hickey, Johns, Kopp, Langer, Lust, Olson (Betty), Parsley, Peterson, Rounds, Sly, Steele, and Verchio and Senators Brown, Begalka, Heineman (Phyllis), Kirkeby, Maher, Tieszen, and White

FOR AN ACT ENTITLED, An Act to allow the transmission of electronic documents related to insurance policies.

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

HB 1157 Introduced by: Representatives Ecklund, Cammack, Campbell, Carson, Cronin, Duvall, Erickson, Hawley, Heinemann (Leslie), Hickey, Langer, Latterell, Magstadt, Novstrup (David), Olson (Betty), Parsley, Rozum, Steele, and Tulson and Senators Curd, Brown, Frerichs, Hunhoff (Jean), Kirkeby, Krebs, Maher, Rampelberg, and Soholt

FOR AN ACT ENTITLED, An Act to provide for the retrospective payment of clean claims for covered services provided by a health care professional during the credentialing period.

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

HB 1158 Introduced by: Representatives Ecklund, Craig, Duvall, Gibson, Heinemann (Leslie), Hickey, Hunhoff (Bernie), Killer, Parsley, Rasmussen, Steele, and Wick and Senators Maher, Holien, Jones (Tom), Van Gerpen, and Welke

FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.

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

HB 1159 Introduced by: Representatives Tyler, Gibson, Nelson, Parsley, Peterson, Stalzer, and Tulson and Senators Van Gerpen, Lucas, and Welke

FOR AN ACT ENTITLED, An Act to revise the documentation requirements for designation as a veteran on driver licenses, permits, and nondriver identification cards.

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

HB 1160 Introduced by: Representatives Tyler, Gibson, Nelson, and Parsley and Senator Welke

FOR AN ACT ENTITLED, An Act to revise provisions and requirements relating to certain environmental complaints.

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

HB 1161 Introduced by: Representatives Haggar (Jenna), Anderson, Bolin, Campbell, Conzet, Craig, Cronin, Ecklund, Feickert, Gosch, Greenfield, Haggar (Don), Heinemann (Leslie), Hickey, Hoffman, Killer, Kirschman, Latterell, Magstadt, Mickelson, Munsterman, Nelson, Olson (Betty), Peterson, Qualm, Rasmussen, Ring, Rounds, Schoenfish, Soli, Stalzer, Steele, Verchio, Werner, Westra, and Wink and Senators Lederman, Begalka, Bradford, Jensen, Jones (Chuck), Kirkeby, Maher, Monroe, Rampelberg, Rave, and Welke

FOR AN ACT ENTITLED, An Act to establish a cause of action for wrongful human trafficking.

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

HB 1162 Introduced by: Representatives Haggar (Jenna), Anderson, Bolin, Cammack, Campbell, Craig, Cronin, Ecklund, Feickert, Gosch, Greenfield, Haggar (Don), Heinemann (Leslie), Hickey, Hoffman, Kaiser, Kopp, Langer, Latterell, Magstadt, Nelson, Novstrup (David), Olson (Betty), Peterson, Qualm, Rasmussen, Ring, Rounds, Schaefer, Schoenfish, Solum, Stalzer, Steele, Tulson, Tyler, Verchio, and Wick and Senators Rhoden, Begalka, Brown, Heineman (Phyllis), Holien, Hunhoff (Jean), Jones (Chuck), Kirkeby, Krebs, Lederman, Lucas, Maher, Monroe, Novstrup (Al), Omdahl, Otten (Ernie), Rampelberg, Rave, and Solano

FOR AN ACT ENTITLED, An Act to prohibit the practice of sex-selective abortions, to establish certain procedures to better ensure that sex-selective abortions are not practiced in South Dakota, and to provide penalties therefor.

Was read the first time.

HB 1163 Introduced by: Representatives Anderson, Bolin, Haggar (Don), Hawley, Kirschman, Nelson, Olson (Betty), Rasmussen, Schoenfish, and Stalzer and Senators Begalka, Holien, Lederman, Maher, and Welke

FOR AN ACT ENTITLED, An Act to authorize farm mutual insurers to invest funds in certain stocks and market funds.

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

HB 1164 Introduced by: Representatives Peterson, Bartling, Hunhoff (Bernie), and Nelson and Senators Frerichs, Begalka, and Kirkeby

FOR AN ACT ENTITLED, An Act to revise who may sign a petition for political candidates of a party.

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

HB 1165 Introduced by: Representatives Lust, Cronin, Duvall, Erickson, Greenfield, Hunhoff (Bernie), Munsterman, Olson (Betty), Stalzer, and Steele and Senators Solano, Frerichs, Kirkeby, Lucas, Maher, Rave, Rhoden, Vehle, and Welke

FOR AN ACT ENTITLED, An Act to adopt the Uniform Deployed Parents Custody and Visitation Act.

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

HB 1166 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the telecommunications services program to include current and developing technology.

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

HB 1167 Introduced by: Representatives Sly, Ecklund, Hawks, Magstadt, Munsterman, Olson (Betty), and Tyler and Senators Hunhoff (Jean), Bradford, Jensen, Rampelberg, and Soholt

FOR AN ACT ENTITLED, An Act to allow schools to maintain a stock and to administer epinephrine auto-injectors in certain cases.

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

HB 1168 Introduced by: Representative Hickey and Senator Novstrup (Al)

FOR AN ACT ENTITLED, An Act to provide for additional safety measures on amusement rides and to provide a penalty for failure to properly insure an amusement ride or device.

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

HB 1169 Introduced by: Representatives Hickey, Craig, and Ecklund and Senator Kirkeby

FOR AN ACT ENTITLED, An Act to protect certain homestead exemption interests during sale of homestead or separation of owners.

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

HB 1170 Introduced by: Representative Kaiser and Senator Novstrup (Al)

FOR AN ACT ENTITLED, An Act to revise certain notice requirements for reporting motor vehicle accidents.

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

HB 1171 Introduced by: Representatives Cronin, Olson (Betty), and Schrempp and Senators Maher, Brown, Frerichs, Rhoden, and Sutton

FOR AN ACT ENTITLED, An Act to revise provisions relating to trespass associated with hunting, fishing, or trapping.

Was read the first time.

HB 1172 Introduced by: Representatives Nelson, Bartling, Campbell, Feickert, Hawley, Hunhoff (Bernie), Kaiser, Killer, Kirschman, May, Ring, Schrempp, Soli, and Tyler and Senators Welke, Bradford, Jensen, Lucas, and Sutton

FOR AN ACT ENTITLED, An Act to require certain legislative meetings to be open to the public.

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

HB 1173 Introduced by: Representatives Wismer, Feickert, and Tyler and Senator Sutton

FOR AN ACT ENTITLED, An Act to provide authority to establish special purpose districts for county roads.

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

HB 1174 Introduced by: Representatives Greenfield, Campbell, Latterell, Magstadt, Nelson, Novstrup (David), and Olson (Betty) and Senators Novstrup (Al) and Welke

FOR AN ACT ENTITLED, An Act to provide a death benefit for certain public safety officers killed in the line of duty.

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

HB 1175 Introduced by: Representatives Mickelson, Bolin, Ecklund, Erickson, Gosch, Haggar (Don), Hajek, Langer, Lust, Rasmussen, and Westra and Senators Peters, Heineman (Phyllis), Krebs, Rave, Soholt, and Solano

FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expand university facilities at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

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

HB 1176 Introduced by: Representatives Nelson, Campbell, Kaiser, Kirschman, May, Russell, Schrempp, and Tyler and Senators Lucas, Begalka, Bradford, and Jensen

FOR AN ACT ENTITLED, An Act to prohibit state participation in the EB-5 Immigrant Investor Program.

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

HB 1177 Introduced by: Representatives Gosch, Cronin, Dryden, May, Novstrup (David), Olson (Betty), Steele, Stevens, Westra, and Wink and Senators Maher, Brown, Curd, Jones (Chuck), Kirkeby, Peters, and Rave

FOR AN ACT ENTITLED, An Act to restrict the regulation by local governments of distracted or inattentive driving.

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

HB 1178 Introduced by: Representatives Feinstein, Hajek, Johns, and Stevens and Senators Bradford and Kirkeby

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to false statements pertaining to aircraft registration and associated penalties.

Was read the first time.

HB 1179 Introduced by: Representatives Otten (Herman) and Cronin and Senators Begalka and Otten (Ernie)

FOR AN ACT ENTITLED, An Act to provide a credit for the return of certain motor vehicle number plates.

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

HJR 1003 Introduced by: Representatives Nelson, Campbell, Craig, Kaiser, Kopp, May, Schoenfish, and Verchio and Senators Van Gerpen, Begalka, and Kirkeby

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, to revise term limits for legislators.

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

HJR 1004 Introduced by: Representatives Wick, Campbell, Cronin, Ecklund, Gosch, Haggar (Don), Haggar (Jenna), Heinemann (Leslie), Hunhoff (Bernie), Kopp, Lust, Magstadt, Mickelson, Munsterman, Olson (Betty), Qualm, Stalzer, Steele, Verchio, and Westra and Senators Rhoden, Brown, Heineman (Phyllis), Holien, Jensen, Jones (Chuck), Lederman, Maher, Novstrup (Al), Omdahl, Otten (Ernie), Rampelberg, Rave, and Tieszen

A JOINT RESOLUTION, Making formal application to Congress to call a limited constitutional convention for the sole purpose of proposing a federal balanced budget amendment.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 12: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

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

SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the Board of Examiners of Counselors and Marriage and Family Therapists.

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

SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection and setting of 24/7 sobriety program fees and regarding the monitoring of ignition interlock testing.

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

SB 22: FOR AN ACT ENTITLED, An Act to authorize the issuance of citations for certain livestock inspection violations.

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

SB 24: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to pseudoephedrine, ephedrine, or phenylpropanolamine sales.

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

SB 27: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

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

SB 31: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians who have complied with the requirements of the recruitment assistance program and to declare an emergency.

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

SB 32: FOR AN ACT ENTITLED, An Act to revise previous appropriations for National Guard armory construction, to make an appropriation for a land purchase adjacent to the Watertown armory, and to declare an emergency.

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

SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning applications for absentee ballot and to declare an emergency.

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

SB 35: FOR AN ACT ENTITLED, An Act to revise the conditions for which certain elections may be delayed for an emergency situation and to declare an emergency.

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

SB 48: FOR AN ACT ENTITLED, An Act to require appraisal management companies to maintain a surety bond or irrevocable letter of credit.

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

SB 52: FOR AN ACT ENTITLED, An Act to authorize the informal settlement of insurance examinations.

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

SB 55: FOR AN ACT ENTITLED, An Act to repeal the contractor's excise tax on certain new or expanded power production facilities.

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

SB 70: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2013.

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

SB 71: FOR AN ACT ENTITLED, An Act to allow the contract for the publication of the codified laws to be extended for more than one year.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to House Rule 7-1, the Speaker removed HB 1015 from the Consent Calendar.

HB 1012: FOR AN ACT ENTITLED, An Act to provide for free resident fishing licenses for certain entities teaching basic fishing skills.

Was read the second time.

The question being "Shall HB 1012 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Cronin; Heinemann (Leslie); 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 1029: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the Richard Hagen-Minerva Harvey memorial scholarship program.

Was read the second time.

The question being "Shall HB 1029 pass?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; 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:
Greenfield

Excused:
Cronin; Heinemann (Leslie); 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 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the definition of and the diagnosing of autism and to revise the definition of a level five disability for purposes of state aid for special education funding.

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Cronin; Heinemann (Leslie); 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 1048: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding property and casualty insurance.

Was read the second time.

The question being "Shall HB 1048 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinert; Hickey; Hoffman; Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; 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:
Cronin; Heinemann (Leslie); Hunhoff (Bernie); Lust; 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 1039: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

Was read the second time.

The question being "Shall HB 1039 pass?"

And the roll being called:

Yeas 58, Nays 5, Excused 7, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Jenna); Hajek; Hawks; Hawley; Heinert; Hickey; Hoffman; Johns; Killer; Kirschman; Kopp; Langer; 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:
Greenfield; Kaiser; Latterell; Nelson; Russell

Excused:
Cronin; Haggar (Don); Heinemann (Leslie); Hunhoff (Bernie); Lust; 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 1041: FOR AN ACT ENTITLED, An Act to make an appropriation for the railroad trust fund and to declare an emergency.

Was read the second time.

The question being "Shall HB 1041 pass?"

And the roll being called:

Yeas 61, Nays 2, Excused 7, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; Heinert; Hickey; Hoffman; Johns; Killer; Kirschman; Kopp; Langer; Latterell; 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:
Kaiser; Nelson

Excused:
Cronin; Haggar (Don); Heinemann (Leslie); Hunhoff (Bernie); Lust; 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 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding military speciality plates.

Was read the second time.

Rep. Stalzer moved that HB 1060 be amended as follows:

On page 3, line 13, of the House Transportation Committee engrossed bill, after "who" insert "has".

On page 3, line 13, delete "and meets".

On page 3, line 14, delete "the qualification for an automobile allowance".

Which motion prevailed.

The question being "Shall HB 1060 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; 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:
Cronin; Haggar (Don); Heinemann (Leslie); 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 1030: FOR AN ACT ENTITLED, An Act to provide for the confidentiality of certain evaluation data.

Was read the second time.

Rep. Latterell moved that HB 1030 be amended as follows:

On page 1, line 8, of the printed bill, after "(7)." insert "However, if any records are used for any purpose other than the evaluation of an individual teacher, principal, or school employee, the records are no longer confidential and the provisions of this Act do not apply.".

Which motion lost.

The question being "Shall HB 1030 pass?"

And the roll being called:

Yeas 48, Nays 17, Excused 5, Absent 0

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

Nays:
Bolin; Campbell; Craig; Ecklund; Greenfield; Haggar (Jenna); Hickey; Kaiser; Kopp; Latterell; May; Nelson; Olson (Betty); Rasmussen; Russell; Stalzer; Steele

Excused:
Cronin; Haggar (Don); Heinemann (Leslie); 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 1047: FOR AN ACT ENTITLED, An Act to revise various trust and trust company provisions.

Was read the second time.

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

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; 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; Speaker Gosch

Nays:
Wismer

Excused:
Cronin; Haggar (Don); Heinemann (Leslie); 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 1033: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the open enrollment application review process of siblings of open enrolled students.

Was read the second time.

The question being "Shall HB 1033 pass as amended?"

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; 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:
Conzet

Excused:
Cronin; Haggar (Don); Heinemann (Leslie); 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 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of insurance rating organizations.

Was read the second time.

The question being "Shall HB 1053 pass as amended?"

And the roll being called:

Yeas 63, Nays 2, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Jenna); Hajek; Hawks; Hawley; Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; 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:
Greenfield; Latterell

Excused:
Cronin; Haggar (Don); Heinemann (Leslie); 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 1028: FOR AN ACT ENTITLED, An Act to revise the amount counties may be reimbursed for the detainment of parole violators.

Was read the second time.

The question being "Shall HB 1028 pass as amended?"

And the roll being called:

Yeas 63, Nays 2, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hawks; Hawley; 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:
Cronin; Haggar (Don); Heinemann (Leslie); 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 1034, 1014, and 1079 be deferred to Thursday, January 30, the 11^th legislative day.

Which motion prevailed.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 4:38 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk