JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 6, 2014
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Wes Labrier, followed by the Pledge of
Allegiance led by House page Kanon Olson.
Roll Call: All members present except Rep. Munsterman who was excused.
APPROVAL OF THE JOURNAL
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the fourteenth 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.
HONORED GUESTS
Speaker Gosch introduced Madison Mead of Sioux Falls, the South Dakota Girls State
Governor, and Tyson Mitzel of Westport, the South Dakota Boys State Governor.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1158 and 1180 and returns the same with the recommendation that said bills
do pass.
Respectfully submitted,
Melissa Magstadt, Vice Chair
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1130 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 1083 and returns the same with the recommendation that said bill be
amended as follows:
1083ra
On page 1, line 7, of the printed bill, delete everything after "purposes" and insert ";".
On page 1, delete line 8.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1102 and 1103 which were deferred to the 41st Legislative Day.
Respectfully submitted,
Charles B. Hoffman, Chair
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration SB 55
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1131 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Respectfully submitted,
Brock L. Greenfield, Chair
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1133 and SB 34 and 35 and returns the same with the recommendation that
said bills do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1105 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Respectfully submitted,
Tim Rounds, Chair
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1232 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
SB 58 and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
Respectfully submitted,
Mike Verchio, Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to return herewith HB 1032 which has passed the Senate without change.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 74, 78, 79, and 84 which have passed the Senate
and your favorable consideration is respectfully requested.
Respectfully,
Jeannette Schipper, Secretary
MOTIONS AND RESOLUTIONS
HCR 1013 Introduced by: Representatives Nelson, Bolin, Campbell, Craig, Feickert,
Feinstein, Gibson, Greenfield, Hawks, Hawley, Hunhoff (Bernie), Kaiser, Killer, Kopp,
Magstadt, May, Olson (Betty), Parsley, Peterson, Russell, Soli, Stalzer, Steele, Tyler, and
Verchio and Senators Welke, Begalka, Bradford, Ewing, Frerichs, Monroe, Omdahl, Otten
(Ernie), Sutton, and Van Gerpen
A CONCURRENT RESOLUTION, Commemorating the 200th anniversary of the War of 1812
and "The Star Spangled Banner", and recognizing the historical significance, heroic human
endeavor, and sacrifices of members of the United States Army, Marine Corps, Navy,
Revenue Marine Service, and state militias, during and since the War of 1812.
WHEREAS, the period beginning in 2012 and ending in 2015 marks the bicentennial
anniversary of the events and battles of the War of 1812 and the origins of "The Star Spangled
Banner"; and
WHEREAS, the War of 1812, which has been referred to as the "Second War of
Independence", confirmed the independence of the United States from Great Britain in the eyes
of the world and shaped the prosperity of the United States that ensued; and
WHEREAS, despite the vastly superior size of the military of Great Britain, the United
States Army, Marine Corps, Navy, Revenue Marine Service (a predecessor of the United States
Coast Guard), and state militias (the predecessors of the National Guard), won a number of
significant victories, ensuring that the liberties won by the United States during the
Revolutionary War were not lost; and
WHEREAS, major battles of the War of 1812 that were fought on the water, including the
battle between the U.S.S.
Constitution and the H.M.S.
Guerriere, the Battle of Lake Champlain,
and victories on the Great Lakes, showcased the might, bravery, and war-fighting tactics of the
United States maritime forces; and
WHEREAS, the decisive victory of Oliver Hazard Perry over a British fleet near Put-In-Bay,
Ohio, in the Battle of Lake Erie ensured that:
(1) The United States gained control of the Great Lakes; and
(2) Portions of the Old Northwest Territory, such as Ohio, Michigan, Illinois, Minnesota,
and Wisconsin, remained part of the United States; and
WHEREAS, state militias, the oldest component of the armed forces of the United States,
answered the call to service, defending their communities and their country from aggression by
Great Britain; and
WHEREAS, United States forces seized the city of Mobile from Spanish control in 1813,
built Fort Bowyer to protect the city, and in 1814 successfully repelled a vastly larger British
force from the city, resulting in Mobile becoming one of the few permanent land concessions
gained by the United States during the War of 1812; and
WHEREAS, Great Britain unleashed grievous attacks on the capital of the United States,
Washington, D.C., burning to the ground the United States Capitol Building, the White House,
and much of the rest of the city, except for the U.S. Marine Barracks at 8th & I Street; and
WHEREAS, after two and one-half years of conflict, the British Royal Navy sailed up the
Chesapeake Bay in an attempt to capture Baltimore, Maryland; and
WHEREAS, United States forces at Fort McHenry, stationed in the outer harbor of
Baltimore, Maryland, under the command of Brevet Lieutenant Colonel George Armistead,
withstood nearly twenty-five hours of bombardment by the British forces and refused to yield,
thereby forcing the British to give up the invasion and withdraw; and
WHEREAS, Francis Scott Key, on September 14, 1814 , while being held by the British on
board a United States flag-of-truce vessel in the harbor, witnessed "by the dawn's early light",
an American flag still flying over Fort McHenry after the horrific attack and immortalized the
event in a poem entitled "Defense of Fort McHenry", which was later set to music and called
"The Star-Spangled Banner"; and
WHEREAS, "The Star-Spangled Banner" became the national anthem of the United States
on March 3, 1931, when President Herbert Hoover signed Public Law 71-823:
O say can you see, by the dawn's early light,
What so proudly we hail'd at the twilight's last gleaming,
Whose broad stripes and bright stars through the perilous fight
O'er the ramparts we watch'd were so gallantly streaming?
And the rocket's red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there,
O say does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?
On the shore dimly seen through the mists of the deep
Where the foe's haughty host in dread silence reposes,
What is that which the breeze, o'er the towering steep,
As it fitfully blows, half conceals, half discloses?
Now it catches the gleam of the morning's first beam,
In full glory reflected now shines in the stream,
'Tis the star-spangled banner - O long may it wave
O'er the land of the free and the home of the brave!
And where is that band who so vauntingly swore,
That the havoc of war and the battle's confusion
A home and a Country should leave us no more?
Their blood has wash'd out their foul footstep's pollution.
No refuge could save the hireling and slave
From the terror of flight or the gloom of the grave,
And the star-spangled banner in triumph doth wave
O'er the land of the free and the home of the brave.
O thus be it ever when freemen shall stand
Between their lov'd home and the war's desolation!
Blest with vict'ry and peace may the heav'n rescued land
Praise the power that hath made and preserv'd us a nation!
Then conquer we must, when our cause it is just,
And this be our motto - "In God is our trust,"
And the star-spangled banner in triumph shall wave
O'er the land of the free and the home of the brave; and
WHEREAS, these sentiments expressed in "The Star-Spangled Banner" have come to
embody the very spirit of our beloved nation and our national ensign; and
WHEREAS, the people of the United States are eternally grateful for the rights defended
through hard fighting during the War of 1812 by the United States Army, Navy, Marine Corps,
and Revenue Marine Service, and state militias, including the protection of United States
citizens at home and abroad, unrestricted trade, free and open ports, and the protection of the
territorial integrity of the United States against aggression; and
WHEREAS, during the bicentennial years of the War of 1812 and "The Star Spangled
Banner", it is fitting that the bravery and steadfast determination of the United States land and
maritime forces be celebrated by the grateful people of the United States:
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 honors the memory of all the people of the United States who came together
during the War of 1812, particularly the fallen heroes who gave their lives during the "Second
War of Independence"; and
BE IT FURTHER RESOLVED, that we commend the men and women of the United States
Army, Marine Corps, Navy, Air Force, Coast Guard, and the state National Guards, who have
faithfully preserved our freedoms and this great nation, that were secured during the hard fought
victories of the War of 1812; and
BE IT FURTHER RESOLVED, that we call on the great people of South Dakota in the
communities across the state, in our schools, and our veterans organizations, to commemorate
the bicentennial of the War of 1812 and "The Star Spangled Banner" in events throughout our
great state, and help celebrate that after that war, and all those that have ensued since, that as
Francis Scott Key wrote, "our flag was still there".
Was read the first time and the Speaker waived the committee referral.
HCR 1014 Introduced by: Representatives Nelson, Campbell, Craig, Greenfield, Kaiser,
Kopp, May, Olson (Betty), Russell, Stalzer, and Steele and Senators Omdahl, Begalka, Monroe,
and Otten (Ernie)
A CONCURRENT RESOLUTION, Demanding the end of federal deficit spending, the
repayment of national debt, and the beginning of balanced budgets and sound U.S. fiscal
policy.
WHEREAS, former Chief Joint Chiefs of Staff Chairman, Admiral Michael Mullen,
repeatedly warned that the national debt is the "biggest threat we have to our national security";
and
WHEREAS, total federal government spending in fiscal 1970 was only $193 billion, and
as of 2013, spending was $3.45 trillion, an almost 1,800 percent increase; and
WHEREAS, the federal government deficit for fiscal 1970 was only $2.8 billion and has
risen to over $1.1 trillion for fiscal 2012; and
WHEREAS, since 1978, the federal debt limit has been increased fifty-three times; and
WHEREAS, U.S. gross debt currently exceeds $17.2 trillion, and when the future unfunded
obligations of entitlement programs are included, an additional $127.6 trillion must be added
to the debt; and
WHEREAS, U.S. gross debt currently is about one hundred percent of our Gross Domestic
Product; and
WHEREAS, in August of 2011, Standard & Poor's downgraded the U.S. credit rating from
AAA to AA+; and
WHEREAS, the United States is clearly on an unsustainable fiscal path which will lead to
default unless serious changes are made immediately to our fiscal policy:
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 asserts that the rising debt and out-of-control spending by the federal
government are the main impediments to future economic growth and job creation in the private
sector; and
BE IT FURTHER RESOLVED, that the South Dakota Legislature calls for the President
and the Congress of the United States to immediately reduce spending, reduce the size of the
federal government, and to not increase taxes; and
BE IT FURTHER RESOLVED, that the South Dakota Legislature calls for the President
and the Congress of the United States to pass a balanced budget and to adhere to sound U.S.
fiscal policy.
Was read the first time and the Speaker waived the committee referral.
HCR 1015 Introduced by: Representatives Nelson, Campbell, Craig, Greenfield, Kaiser,
Kopp, Magstadt, May, Olson (Betty), Peterson, Qualm, Russell, Stalzer, Steele, and Verchio and
Senators Monroe, Begalka, Ewing, Omdahl, Otten (Ernie), and Van Gerpen
A CONCURRENT RESOLUTION, In support of protecting American sovereignty and
defending individual second amendment rights from United Nations interference.
WHEREAS, the Second Amendment to the United States Constitution declares that "the
right of the people to keep and bear arms, shall not be infringed"; and
WHEREAS, S.D. Const., Art. VI, § 24 declares that "The right of the citizens to bear arms
in defense of themselves and the state shall not be denied."; and
WHEREAS, the Supreme Court of the United States has ruled in the case of District of
Columbia v. Heller (2008) that the right to keep and bear arms is an individual right that existed
before the Constitution and "belongs to all Americans"; and
WHEREAS, the Supreme Court confirmed in the case of McDonald v. City of Chicago
(2010) that the right to keep and bear arms is a fundamental right; and
WHEREAS, since the mid-1990's, United Nations member states, in close cooperation with
domestic and international antigun organizations, have sought to win passage of various United
Nations agreements that would mandate or encourage restrictive gun control measures at the
national level; and
WHEREAS, such actions by the United Nations amount to infringement on United States
sovereignty; and
WHEREAS, in October 2009, the Obama administration, in a reversal of previous United
States policy, voted for the United States to participate in the United Nation's process to draft
an Arms Trade Treaty; and
WHEREAS, on March 23, 2013, the Senate adopted an amendment to its FY 2014 Budget
Resolution, offered by Senator James Inhofe (R-OK), that establishes a deficit-neutral fund for
"the purpose of preventing the United States from entering in the United Nations Arms Trade
Treaty." This amendment is in addition to previous efforts by Senator Jerry Moran (R-KS) and
Representative Mike Kelly (R-PA) to pass concurrent resolutions opposing the treaty in their
respective chambers; and
WHEREAS, on September 25, 2013, Secretary of State John Kerry signed the United Arms
Trade Treaty (ATT) on behalf of the Obama Administration; and
WHEREAS, the National Rifle Association (NRA) notes that "This treaty threatens
individual firearm ownership with an invasive registration scheme. ATT includes small arms
and light weapons within its scope, which covers firearms owned by law-abiding citizens.
Further, the treaty urges record keeping of end users, directing importing countries to provide
information to an exporting country regarding arms transfers, including end use or end user
documentation for a minimum of ten years. Each country is to take measures, pursuant to its
national laws, to regulate brokering taking place under its jurisdiction for conventional arms.
Data kept on the end users of imported firearms is a defacto registry of law-abiding firearms
owners, which is a violation of federal law. Even worse, the ATT could be construed to require
such a registry to be made available to foreign governments."; and
WHEREAS, the National Association for Gun Rights (NAGR) notes that: "The United
Nation's Small Arms Treaty is nothing more than a massive global gun control scheme, designed
to register, ban, and confiscate firearms from law-abiding citizens. The United Nation's Small
Arms Treaty would also likely ban the trade, sale, and private ownership of semiautomatic
weapons. The ratification of this treaty would also likely create an international gun registry,
setting the stage for full-scale gun confiscation."; and
WHEREAS, the Gun Owners of America (GOA) notes that: "the ATT would . . . ban large
categories of firearms, including semiautomatics and handguns . . . require universal gun
registration and licensure . . . require microstamping and, through that requirement, effectively
ban most guns and ammunition . . . There is no limit to the imposition of gun control which
someone like Barack Obama could achieve, without legislative action, using this treaty as
justification."; and
WHEREAS, any final treaty signed by the President and ratified by the Senate would
become binding law in the United States, equal in force to domestic legislation and potentially
superseding earlier, conflicting statutes duly passed by Congress; and
WHEREAS, any Executive Orders enacting provisions of the unratified treaty, signed by
the President, have historically been given the effect of law in the United States:
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 for the
protection of American sovereignty, and in defense of South Dakotans' constitutional rights to
keep and bear arms, that the South Dakota Legislature strongly opposes the negotiation and
ratification of this and any arms trade treaties that would include within their scope any new
restriction on law-abiding citizens' fundamental individual rights to keep and bear arms,
including the right to make, transfer, possess, or carry firearms, ammunition, or related
materials; and
BE IT FURTHER RESOLVED, that the South Dakota Legislature calls upon all members
of the United States Senate to strongly oppose any such treaties, and to vote against ratification
of any such treaties that may be presented to the Senate; and
BE IT FURTHER RESOLVED, that the South Dakota Legislature calls upon Congress to
pass legislation to restore and defend the United States Constitution, which requires the
nullification of Executive Orders that countermand the United States Constitution.
Was read the first time and the Speaker waived the committee referral.
HCR 1016 Introduced by: Representatives Nelson, Campbell, Craig, Greenfield, Kaiser,
Kopp, Magstadt, May, Olson (Betty), Russell, Stalzer, Steele, and Verchio and Senators Jensen,
Begalka, Ewing, Monroe, Omdahl, and Otten (Ernie)
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 on 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 resist 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 when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 7, the 16th legislative day.
Which motion prevailed.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Lust moved that the report of the Standing Committee on
Commerce and Energy on HB 1143 as found on page 288 of the House Journal be adopted.
Which motion prevailed.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 74: FOR AN ACT ENTITLED, An Act to provide for the consideration of joint
physical custody of a minor.
Was read the first time and referred to the Committee on Judiciary.
SB 78: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding the Commissioner of South Dakota.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 79: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding the federal census.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 84: FOR AN ACT ENTITLED, An Act to update certain statutes relating to notification
of certain transfers.
Was read the first time and referred to the Committee on Appropriations.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1148: 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 second time.
The question being "Shall HB 1148 pass?"
And the roll being called:
Yeas 67, Nays 1, 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; 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; Verchio; Werner; Westra; Wink; Wismer;
Speaker Gosch
Nays:
Kaiser
Excused:
Munsterman; Wick
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 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to false
statements pertaining to aircraft registration and associated penalties.
Was read the second time.
The question being "Shall HB 1178 pass?"
And the roll being called:
Yeas 67, Nays 1, 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; 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; Verchio; Werner; Westra; Wink; Wismer;
Speaker Gosch
Nays:
Kaiser
Excused:
Munsterman; Wick
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 1167: 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 second time.
The question being "Shall HB 1167 pass?"
And the roll being called:
Yeas 67, Nays 1, 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; 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; Verchio; Werner; Westra; Wink; Wismer;
Speaker Gosch
Nays:
Kaiser
Excused:
Munsterman; Wick
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 1104: FOR AN ACT ENTITLED, An Act to allow local governing bodies to require
the payment for certain goods and services by electronic transaction.
Was read the second time.
The question being "Shall HB 1104 pass?"
And the roll being called:
Yeas 62, Nays 6, Excused 2, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden;
Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; 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; Schaefer;
Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio;
Werner; Westra; Wink; Wismer; Speaker Gosch
Nays:
Greenfield; Haggar (Jenna); Kaiser; Latterell; Nelson; Russell
Excused:
Munsterman; Wick
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 1111 be placed to follow HB 1071 on today's calendar.
Which motion prevailed.
HB 1185: FOR AN ACT ENTITLED, An Act to allow certain family members of residents
to obtain nonresident waterfowl hunting privileges, to provide preference for certain nonresident
veterans, and to establish a penalty.
Was read the second time.
Rep. Werner moved that HB 1185 be amended as follows:
On page 2, line 3, of the House Agriculture and Natural Resources Committee engrossed
bill, after "." insert "No person may be issued more than one license pursuant to this section for
the same waterfowl season.".
On page 3, after line 19, insert:
"If a person is issued a special nonresident waterfowl license pursuant to section 1 of this
Act, the person may not be issued a license pursuant to this section for the same waterfowl
season.".
Which motion prevailed.
The question being "Shall HB 1185 pass as amended?"
And the roll being called:
Yeas 36, Nays 32, Excused 2, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Cronin; Dryden; Greenfield; Haggar
(Don); Haggar (Jenna); Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kopp; Latterell; Lust; May;
Mickelson; Nelson; Olson (Betty); Qualm; Romkema; Russell; Schaefer; Schoenfish; Stalzer;
Steele; Stevens; Tulson; Verchio; Werner; Westra; Wink; Speaker Gosch
Nays:
Craig; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Hajek; Hawks; Hawley;
Heinemann (Leslie); Heinert; Hickey; Killer; Kirschman; Langer; Magstadt; Novstrup (David);
Otten (Herman); Parsley; Peterson; Rasmussen; Ring; Rounds; Rozum; Schrempp; Sly; Soli;
Solum; Tyler; Wick; Wismer
Excused:
Carson; Munsterman
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 1159: 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 second time.
The question being "Shall HB 1159 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, 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; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Excused:
Carson; Munsterman
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 1091: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to
adopt a property maintenance code.
Was read the second time.
The question being "Shall HB 1091 pass as amended?"
And the roll being called:
Yeas 64, Nays 4, Excused 2, Absent 0
Yeas:
Anderson; Bartling; 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;
Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Novstrup
(David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Ring; Romkema; Rounds;
Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens;
Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Bolin; Kaiser; Nelson; Rasmussen
Excused:
Carson; Munsterman
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 1078: FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the
South Dakota opportunity scholarship to include certain students who reside in bordering states.
Was read the second time.
The question being "Shall HB 1078 pass?"
And the roll being called:
Yeas 47, Nays 21, Excused 2, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Conzet; Dryden; Duvall; Erickson; Feickert; Feinstein;
Gibson; Greenfield; Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman;
Hunhoff (Bernie); Killer; Kirschman; Langer; Lust; Magstadt; May; Parsley; Peterson; Qualm;
Rasmussen; Ring; Romkema; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli;
Solum; Steele; Tulson; Tyler; Verchio; Werner; Wick; Wismer
Nays:
Campbell; Craig; Cronin; Ecklund; Haggar (Don); Haggar (Jenna); Johns; Kaiser; Kopp;
Latterell; Mickelson; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Rounds;
Stalzer; Stevens; Westra; Wink; Speaker Gosch
Excused:
Carson; Munsterman
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 1089: FOR AN ACT ENTITLED, An Act to allow certain school districts that do not
receive state aid to education to receive funding for certain students with limited English
proficiency.
Was read the second time.
The question being "Shall HB 1089 pass?"
And the roll being called:
Yeas 63, Nays 5, Excused 2, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; 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); 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; Kaiser; Nelson; Olson (Betty); Russell
Excused:
Carson; Munsterman
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Rep. Johns moved that the title to HB 1089 be amended as follows:
On page 1, line 1, of the printed bill, delete "do not".
Which motion prevailed and the title was so amended.
HB 1093: FOR AN ACT ENTITLED, An Act to prohibit public schools from starting a
school term before the last Monday in August.
Was read the second time.
Rep. Cronin moved the previous question.
Which motion prevailed.
The question being "Shall HB 1093 pass?"
And the roll being called:
Yeas 29, Nays 40, Excused 1, Absent 0
Yeas:
Cammack; Conzet; Cronin; Erickson; Feinstein; Gibson; Haggar (Don); Hajek; Hoffman;
Kirschman; Kopp; Langer; Magstadt; May; Mickelson; Novstrup (David); Olson (Betty); Otten
(Herman); Rounds; Schaefer; Solum; Stalzer; Steele; Tulson; Verchio; Werner; Westra; Wick;
Speaker Gosch
Nays:
Anderson; Bartling; Bolin; Campbell; Carson; Craig; Dryden; Duvall; Ecklund; Feickert;
Greenfield; Haggar (Jenna); Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hunhoff
(Bernie); Johns; Kaiser; Killer; Latterell; Lust; Nelson; Parsley; Peterson; Qualm; Rasmussen;
Ring; Romkema; Rozum; Russell; Schoenfish; Schrempp; Sly; Soli; Stevens; Tyler; Wink;
Wismer
Excused:
Munsterman
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1123: 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 second time.
The question being "Shall HB 1123 pass?"
And the roll being called:
Yeas 36, Nays 33, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Conzet; Cronin; Dryden; Erickson; Feinstein; Gibson; Greenfield; Hajek;
Hawley; Heinert; Hoffman; Johns; Kaiser; Kirschman; Langer; Lust; May; Mickelson; Nelson;
Novstrup (David); Olson (Betty); Otten (Herman); Peterson; Ring; Romkema; Rounds; Rozum;
Schoenfish; Solum; Stalzer; Stevens; Tulson; Westra; Wink
Nays:
Bolin; Cammack; Campbell; Carson; Craig; Duvall; Ecklund; Feickert; Haggar (Don); Haggar
(Jenna); Hawks; Heinemann (Leslie); Hickey; Hunhoff (Bernie); Killer; Kopp; Latterell;
Magstadt; Parsley; Qualm; Rasmussen; Russell; Schaefer; Schrempp; Sly; Soli; Steele; Tyler;
Verchio; Werner; Wick; Wismer; Speaker Gosch
Excused:
Munsterman
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 1171, 1071, and 1111 and
SB 12 and 64 be deferred to Friday, February 7, the 16th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1035 was delivered
to his Excellency, the Governor, for his approval at 9:10 a.m., February 6, 2014.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1032 and finds the same correctly enrolled.
Respectfully submitted,
Brian G. Gosch, Chair
SIGNING OF BILLS
The Speaker publicly read the title to
HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
children placed in residential treatment centers or intensive residential treatment centers.
And signed the same in the presence of the House.
COMMEMORATIONS
HC 1025 Introduced by: Representatives Gosch, Conzet, Cronin, Lust, Munsterman, Sly,
Westra, and Wink and Senators Brown, Holien, Lederman, Maher, Rave, and Rhoden
A LEGISLATIVE COMMEMORATION, Honoring Chief Warrant Officer Two Benjamin J.
Smetana for his service as a member of the South Dakota Army National Guard.
WHEREAS, CW2 Benjamin Smetana was born in Pennsylvania and raised in South Dakota.
CW2 Smetana enlisted in the South Dakota Army National Guard as a 71L, Administrative
Specialist. He was appointed as a warrant officer in March 2009; and
WHEREAS, CW2 Smetana is a graduate of the Adjutant General Warrant Officer Advanced
Course, Warrant Officer Basic Course, Warrant Officer Candidate School, 42A Basic
Noncommissioned Officer Course, Primary Leaders Development Course, as well as various
other MOS specific courses; and
WHEREAS, CW2 Smetana is currently assigned as an HR Technician for the 196
th
Maneuver Enhancement Brigade. CW2 Smetana was previously assigned as a unit
administration NCO for the 147
th Field Artillery Brigade, assistant personnel services NCO for
the 1/147
th FA, and personnel services NCO for the 1/147
th FA; and
WHEREAS, CW2 Smetana's deployments include Operation Iraqi Freedom, Tallil, IZ 2007-2008; and
WHEREAS, CW2 Smetana was honored in 2013 as the South Dakota Army National
Guard's Warrant Officer of the Year:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the
State of South Dakota, that the Legislature recognizes and honors Chief Warrant Officer Two
Benjamin J. Smetana for his exemplary service as a member of the South Dakota National
Guard.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:20 p.m. the House adjourned.
Arlene Kvislen, Chief Clerk