The prayer was offered by the Chaplain, Pastor Josh Bauman, followed by the Pledge of
Allegiance led by House page Alyson Hauck.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Rep. Gosch introduced the 2012-2013 Outstanding School Administrators of South
Dakota: Tim Raabe, secondary principal, Lennox; Tim Koehler, middle school principal,
Harrisburg; Kristin Hamman, special ed director, Harrisburg; Jeff Ward, curriculum director,
Meade; Georgia Sandgren, business manager, Black Hills Special Services Coop; Tanja
Pederson, elementary principal, Harrisburg; Al Leber, superintendent, Dakota Valley; Jim Seyer
assistant secondary principal, Spearfish.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1078, 1089, and 1093 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1139 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1123 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1148 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1143 and returns the same with the recommendation that said bill be amended
as follows:
" Section 2. This Act is effective January 1, 2015.".
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1153 which was tabled.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1171 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1178 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1182 which was tabled.
The Committee on Education respectfully reports that it has had under consideration
HB 1071 and SB 64 and returns the same with the recommendation that said bills do pass.
The Committee on Education respectfully reports that it has had under consideration
HB 1167 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
I have the honor to return herewith HCR 1005 in which the Senate has concurred.
I have the honor to return herewith HB 1024 and 1055 which have passed the Senate
without change.
I have the honor to transmit herewith SB 16, 17, 20, 23, 40, 41, 42, 43, 61, 75, 80, 87, 89,
93, 100, and 119 and SJR 1 which have passed the Senate and your favorable consideration is
respectfully requested.
Speaker Pro tempore Wink now presiding.
HCR 1011: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as an
observer in the International Civil Aviation Organization (ICAO) and the thirtieth anniversary
of sister state relations with the Province of Taiwan in the Republic of China (Taiwan) and
Taiwan's inclusion in the Trans Pacific Partnership (TPP).
Rep. Gosch moved that HCR 1011 as found on page 262 of the House Journal be adopted.
And the roll being called:
Yeas 64, Nays 5, Excused 1, 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;
Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; Mickelson; Munsterman; Novstrup
(David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Solum; Stalzer;
Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Greenfield; Kaiser; Killer; May; Soli
Excused:
Nelson
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1011 was adopted.
HCR 1012 Introduced by: Representatives Stevens, Bartling, Bolin, Cronin, Gibson,
Gosch, Hunhoff (Bernie), Lust, Parsley, Sly, and Steele and Senators Hunhoff (Jean), Begalka,
Bradford, Buhl O'Donnell, Curd, Frerichs, Heineman (Phyllis), Jensen, Jones (Chuck), Krebs,
Novstrup (Al), Rampelberg, Rhoden, Soholt, Solano, Sutton, Tidemann, and Welke
given. The folded flag element highlights this nation's final tribute to a fallen service member
and a family's sacrifice. The flag's flame symbolizes the eternal spirit of the departed; and
Was read the first time and referred to the Committee on State Affairs.
Rep. Lust moved that the reports of the Standing Committees on
Agriculture and Natural Resources on HB 1185 as found on page 258 of the House Journal;
also
Transportation on HB 1159 as found on page 260 of the House Journal; also
Local Government on HB 1091 as found on page 261 of the House Journal be adopted.
Which motion prevailed.
The following bill was read on Friday, January 31, and today the Speaker assigned this
bill to committee.
HB 1189 was referred to the Committee on State Affairs.
HB 1240 was referred to the Committee on Health and Human Services.
HB 1241 was referred to the Committee on Health and Human Services.
SB 16: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase
improved real property in Brookings County and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
SB 17: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase
improved real property in the city of Brookings and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
SB 20: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish
buildings on the campus of South Dakota State University and to make an appropriation
therefor.
Was read the first time and referred to the Committee on Appropriations.
SB 23: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
deceptive trade practices, including unordered property or services, lodging reservation and
cancellation, violation penalties, attorney's fees, entry rights for landlords and tenants, debit card
theft, and organized retail crime.
Was read the first time and referred to the Committee on Judiciary.
SB 40: FOR AN ACT ENTITLED, An Act to allow a surviving spouse of a member of the
South Dakota Retirement System to elect a reduced benefit prior to age sixty-five under certain
circumstances.
Was read the first time and referred to the Committee on Retirement Laws.
Was read the first time and referred to the Committee on Retirement Laws.
SB 42: FOR AN ACT ENTITLED, An Act to authorize certain former state cement plant
employees and surviving spouses to elect a lump sum trustee-to-trustee payment in lieu of
monthly benefit payments.
Was read the first time and referred to the Committee on Retirement Laws.
SB 43: FOR AN ACT ENTITLED, An Act to revise the calculation of disability benefits
and certain benefits payable upon death of members of the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 61: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
organization, first responder, and organ donor emblem speciality plates for motor vehicles.
Was read the first time and referred to the Committee on Transportation.
SB 75: FOR AN ACT ENTITLED, An Act to prohibit local governments from enacting,
maintaining, or enforcing regulations on certain dog breeds.
Was read the first time and referred to the Committee on Local Government.
SB 80: FOR AN ACT ENTITLED, An Act to provide a credit to homebuilt aircraft for
sales and use taxes when paying the aircraft registration tax and to make a reimbursement to the
aeronautics fund for the amount of the credit granted.
Was read the first time and referred to the Committee on Taxation.
SB 87: FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund, the water pollution control revolving fund subfund, and the drinking water
revolving fund subfund for various water and environmental purposes, and to declare an
emergency.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Health and Human Services.
SB 93: FOR AN ACT ENTITLED, An Act to define liquid natural gas, to revise certain
provisions regarding the collection of the motor fuel tax, and to apply motor fuel tax to all fuels
used to propel a motor vehicle.
Was read the first time and referred to the Committee on Transportation.
SB 100: FOR AN ACT ENTITLED, An Act to provide for the filling of a vacancy if no
person is elected to succeed an elected official in municipalities.
Was read the first time and referred to the Committee on Local Government.
SB 119: FOR AN ACT ENTITLED, An Act to update and revise the statutes relating to
the South Dakota Board on Geographic Names.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SJR 1: A JOINT RESOLUTION, Making formal application to Congress to lawfully
recognize the ratification of the 26th amendment of the United States Constitution, which
ensures the right to vote to all citizens over the age of eighteen.
Was read the first time and referred to the Committee on State Affairs.
HB 1095: FOR AN ACT ENTITLED, An Act to revise and clarify certain provisions
relating to municipal officers.
Was read the second time.
The question being "Shall HB 1095 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
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 1151: FOR AN ACT ENTITLED, An Act to revise certain deadlines and offices
regarding budgetary planning for municipalities.
Was read the second time.
The question being "Shall HB 1151 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Munsterman; 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; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
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 1068: FOR AN ACT ENTITLED, An Act to revise provisions relating to the use of
dogs in hunting mountain lions.
Was read the second time.
And the roll being called:
Yeas 48, Nays 22, Excused 0, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Duvall; Feickert; Greenfield;
Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Hickey; Hoffman; Kaiser; Kopp;
Langer; Latterell; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson
(Betty); Otten (Herman); Peterson; Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell;
Schaefer; Schoenfish; Sly; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick;
Wink; Speaker Gosch
Nays:
Carson; Cronin; Dryden; Ecklund; Erickson; Feinstein; Gibson; Hawks; Hawley; Heinert;
Hunhoff (Bernie); Johns; Killer; Kirschman; Lust; Parsley; Ring; Schrempp; Soli; Solum; Tyler;
Wismer
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Speaker Pro tempore Wink now presiding.
HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
preliminary hearings for persons charged with class 1 misdemeanors.
Was read the second time.
The question being "Shall HB 1119 pass?"
And the roll being called:
Yeas 62, Nays 8, Excused 0, 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); Killer;
Kirschman; Langer; Lust; Magstadt; Mickelson; Munsterman; 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;
Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Greenfield; Johns; Kaiser; Kopp; Latterell; May; Nelson; Russell
HB 1099: FOR AN ACT ENTITLED, An Act to revise the membership of the State
Investment Council.
Was read the second time.
The question being "Shall HB 1099 pass?"
And the roll being called:
Yeas 64, Nays 6, Excused 0, 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;
Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson;
Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Qualm; Rasmussen;
Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele;
Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Greenfield; Nelson; Peterson; Ring; Russell; Tyler
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.
HJR 1002: 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, relating to legislative term limits.
Was read the second time.
The question being "Shall HJR 1002 pass?"
And the roll being called:
Yeas 54, Nays 16, Excused 0, Absent 0
Nays:
Campbell; Craig; Greenfield; Haggar (Don); Haggar (Jenna); Heinert; Kaiser; Kopp; Latterell;
Nelson; Peterson; Russell; Schoenfish; Schrempp; Stalzer; Verchio
So the resolution having received an affirmative vote of a majority of the members-elect,
the Speaker declared the resolution passed and the title was agreed to.
Rep. Lust moved that HB 1104 be placed to follow HB 1110 on today's calendar.
Which motion prevailed.
HB 1108: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding employment strikes and lockouts.
Was read the second time.
The question being "Shall HB 1108 pass?"
And the roll being called:
Yeas 42, Nays 28, Excused 0, Absent 0
Yeas:
Anderson; Bolin; Cammack; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Greenfield;
Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Hickey; Hoffman; Johns; Kaiser;
Langer; Lust; Magstadt; May; Mickelson; Munsterman; Novstrup (David); Olson (Betty);
Qualm; Romkema; Rounds; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stevens; Verchio;
Werner; Westra; Wick; Wink; Speaker Gosch
Nays:
Bartling; Campbell; Craig; Erickson; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert;
Hunhoff (Bernie); Killer; Kirschman; Kopp; Latterell; Nelson; Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Schoenfish; Schrempp; Soli; Stalzer; Tulson; Tyler; Wismer
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.
Which motion prevailed.
HB 1113: 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 second time.
The question being "Shall HB 1113 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Munsterman; 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; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
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 1100: FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo radar
speed detection systems and of certain photo monitoring devices to detect red light violations.
Was read the second time.
The question being "Shall HB 1100 pass?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Nays:
Rozum
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 1110: 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 second time.
The question being "Shall HB 1110 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Munsterman; 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; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
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 1104 and 1111 and SB 12
be deferred to Thursday, February 6, the 15th legislative day.
Which motion prevailed.
MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1001 which was deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that HB 1016, 1017, 1018,
1026, 1027, and 1037 were delivered to his Excellency, the Governor, for his approval at
9:08 a.m., February 5, 2014.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1024 and 1055 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1024: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
SB 30: FOR AN ACT ENTITLED, An Act to provide for the definition of an advanced
practice registered nurse, to remove certification as a function of the Board of Nursing in issuing
a license to a certified registered nurse anesthetist, and to change the nurses' education loan
assistance program to a scholarship program.
SB 57: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
regulation of the trading stamp business.
And signed the same in the presence of the House.
HC 1023 Introduced by: Representatives Parsley, Anderson, Bartling, Bolin, Cammack,
Campbell, Craig, Erickson, Feickert, Feinstein, Gibson, Hajek, Heinert, Hoffman, Hunhoff
(Bernie), Johns, Killer, Kirschman, Kopp, Langer, Magstadt, May, Munsterman, Nelson, Olson
(Betty), Peterson, Qualm, Rasmussen, Ring, Rozum, Schaefer, Schoenfish, Schrempp, Sly, Soli,
Solum, Stalzer, Steele, Tyler, Werner, Westra, and Wismer and Senators Jones (Chuck),
Bradford, Brown, Ewing, Frerichs, Holien, Hunhoff (Jean), Jones (Tom), Kirkeby, Lucas,
Monroe, Otten (Ernie), Rampelberg, Rave, Rhoden, Sutton, Tidemann, Tieszen, Vehle, and
Welke
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:38 p.m. the House adjourned.