JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 10, 2014

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

The prayer was offered by the Chaplain, Pastor Fred McDonald, followed by the Pledge of Allegiance led by House pages Emily Pillatzki and Jaydon Ysbrand.

Roll Call: All members present except Reps. Craig and Peterson 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 sixteenth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Brian G. Gosch, Chair

Which motion prevailed.

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

Isabel Arnold, Mikayla Brakke, Jennifer Christensen, Georgia Edoff, Ashley Grambihler, Raven Jorgensen, Sedona Kintz, Celeste LaCoursiere, Caroline Perry, Emily Pillatzki, Ridge Sandal, Olivianne Stavick, Julia Stys, Jaydon Ysbrand.

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

HONORED GUESTS

Speaker Gosch introduced Riley Smith of Rapid City, the 2013 South Dakota 4-H Rodeo Ambassador.

COMMUNICATIONS AND PETITIONS

February 10, 2014

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 10, 2014, I approved House Bills 1016, 1017, 1018, 1024, 1026, 1027, 1035, 1037, and 1055, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1011 and 1237 which were tabled.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1117, 1188, 1217, and 1224 and HJR 1005 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1212 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 1107 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 1163 and returns the same with the recommendation that said bill be amended as follows:

1163sa

On page 3, after line 17 of the printed bill, insert:

"If a farm mutual insurer has invested its funds or any part of its funds pursuant to subdivisions 58-35-47(9) or (13) and the farm mutual insurer is determined to be in a financially hazardous condition, the director may order the farm mutual insurer to reinvest those funds pursuant to chapters 58-4 or 58-29B.".

1163sb

On page 3, line 13, of the printed bill, delete "should" and insert "may".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1225 which was tabled.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1122 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 1152 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 1177 and returns the same with the recommendation that said bill be amended as follows:

1177ja

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

" Section 1. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send, or read a text-based communication. This section does not apply to a person who is using a handheld electronic wireless communication device:

(1) While the vehicle is lawfully parked;

(2) To contact any emergency public safety answering point or dispatch center;

(3) To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or

(4) When using voice operated or hands free technology.

State or local law enforcement agencies shall enforce this section as a secondary action. A violation of this section is a petty offense.

Section 2. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

Terms used in this Act mean:

(1) "Electronic wireless communication device," a mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;

(2) "Voice operated or hands free technology," technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and

(3) "Write, send, or read a text-based communication," using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message, or electronic mail.

Section 3. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

The Department of Public Safety shall expend lawfully appropriated funds to develop and communicate a distracted drivers public awareness campaign.

Section 4. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of equitable and uniform regulation and implementation, the Legislature is the exclusive regulator of all matters relating to distracted driving and use of electronic wireless communication devices in motor vehicles.

Section 5. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

No electronic wireless communication device used in a violation of the provisions of this Act may be seized by a law enforcement officer."

1177jta

On page 1, line 2, of the printed bill, after "driving" insert ", to prohibit the use of certain handheld electronic wireless communication devices, and to provide a penalty therefor".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1156 and returns the same with the recommendation that said bill be amended as follows:

1156ja

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

" Section 1. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

Terms used in this Act mean:

(1) "Delivered by electronic means,":

(a) Delivery to an electronic mail address at which a party has consented to receive notices or documents; or

(b) Posting on an electronic network or site accessible via the internet, mobile application, computer, mobile device, tablet, or any other electronic device, together with separate notice to a party directed to the electronic mail address at which the party consents to receive notice of the posting;

(2) "Party," any recipient of any notice or document required as part of an insurance transaction, including an applicant, an insured, a policyholder, or an annuity contract holder.

Section 2. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

Subject to section 4 of this Act, any notice to a party or any other document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of chapter 53-10.

Section 3. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

Delivery of a notice or document in accordance with the provisions of this Act is equivalent to any delivery method required under applicable law.

Section 4. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

An insurer may only deliver a notice or document to a party by electronic means pursuant to this Act if:

(1) The party affirmatively consents to the electronic delivery and has not withdrawn the consent;

(2) The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:

(a) Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;

(b) The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;

(i) Only to the particular transaction as to which the notice or document must be given; or

(ii) To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;

(d) The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and

(e) The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;

(3) The insurer ensures that the party:

(a) Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and

(b) Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and

(4) The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:

(a) The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and

(b) The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section.

Section 5. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

Nothing in this Act affects any requirement related to content or timing of any notice or document otherwise required pursuant to applicable law.

Section 6. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

If a provision of applicable law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may only be delivered by electronic means if the method used provides for verification or acknowledgment of receipt.

Section 7. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with subsection (3)(b) of section 4 of this Act.

Section 8. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective. A withdrawal of consent by a party is effective within a reasonable period of time after receipt of the withdrawal by the insurer. If an insurer fails to comply with section 4 of this Act, the party may treat the failure as a withdrawal of consent for purposes of this Act.

Section 9. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act do not apply to a notice or document delivered by an insurer in an electronic form before the effective date of this Act to a party who, before that date, consented to receive notice or document in an electronic form otherwise allowed by law.

Section 10. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

If the consent of a party to receive certain notices or documents in an electronic form is on file with an insurer before the effective date of this Act, and pursuant to this Act, an insurer

intends to deliver additional notices or documents to such party in an electronic form, then prior to delivering such additional notices or documents electronically, the insurer shall notify the party of:

(1) The notices or documents that may be delivered by electronic means pursuant to this Act that were not previously delivered electronically; and

(2) The party's right to withdraw consent to have notices or documents delivered by electronic means.

Section 11. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

Except as otherwise provided by law, if an oral communication or a recording of an oral communication from a party is reliably stored and reproduced by an insurer, the oral communication or recording qualifies as a notice or document delivered by electronic means for purposes of this Act. If a provision of applicable law requires a signature, notice, or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature, notice, or document.

Section 12. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any other provision of this Act, if a standard property and casualty insurance policy or endorsement does not contain personally identifiable information, an insurer may mail, deliver, or post the policy or endorsement on the insurer's website. If the insurer elects to post an insurance policy or endorsement on the insurer's website in lieu of mailing or delivering the document to the insured, the insurer must comply with the following conditions:

(1) The policy and endorsement must be accessible as long as the policy or endorsement is in force;

(2) After the policy expires, the insurer must maintain and archive the policy and endorsement for five years after the expiration of the policy and shall make the documents available to the party on request;

(3) The insurer must post the policy and endorsement in a manner that allows the insured to print and save the policy and endorsement using a program or application that is widely available on the internet and free to use;

(4) The insurer provides the following information in, or simultaneous with each declarations page provided at the time of issuance of the initial policy and any renewals of that policy;

(a) A description of the exact policy and endorsement form purchased by the insured;

(b) A method by which the insured may obtain, upon request and without charge, a paper copy of the policy; and

(5) The insurer provides notice, in the format preferred by the insured, of any changes to the form or endorsement, the insured's right to obtain, upon request and without charge, a paper copy of a form, and the internet address where the form and endorsement is posted.

Section 13. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act apply to the insurance products and documents, including insurance policies, insurance riders, insurance endorsements, and annuity contracts filed with and regulated by the director pursuant to title 58."

And that as so amended 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 1170 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Brian G. Gosch, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1011 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 138 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HCR 1015: A CONCURRENT RESOLUTION, In support of protecting American sovereignty and defending individual second amendment rights from United Nations interference.

Rep. Nelson moved that HCR 1015 as found on page 313 of the House Journal be adopted.

The question being on Rep. Nelson's motion that HCR 1015 be adopted.

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; 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; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Feinstein; Hawks; Soli; Wismer

Excused:
Craig; Peterson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1015 was adopted.

Rep. May moved that HCR 1017 be deferred to Thursday, February 13, the 20^th legislative day.

Which motion prevailed.

SCR 1: A CONCURRENT RESOLUTION, Urging Congress to reject the proposal to remove the states' authority to designate a hospital as a necessary provider under the critical access hospital program.

Rep. Ecklund moved that SCR 1 as found on page 223 of the Senate Journal be concurred in.

The question being on Rep. Ecklund's motion that SCR 1 be concurred in.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; 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; 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:
Craig; Peterson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 63 as found on page 330 of the House Journal; also

Education on HB 1126 as found on page 330 of the House Journal; also

State Affairs on HB 1200 as found on page 331 of the House Journal; also

State Affairs on HJR 1004 as found on page 331 of the House Journal; also

Commerce and Energy on HB 1168 as found on page 333 of the House Journal; also

Judiciary on HB 1125 as found on page 333 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 138: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to title-based escheatment of abandoned United States savings bonds and the proceeds thereof.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the board of directors of the Science and Technology Authority.

Was read the second time.

The question being "Shall HB 1101 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Craig; Peterson

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 1199: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding family law.

Was read the second time.

The question being "Shall HB 1199 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Craig; Peterson

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

Rep. Lust moved that HB 1171 be placed to follow HB 1111 on today's calendar.

Which motion prevailed.

HB 1071: FOR AN ACT ENTITLED, An Act to change the procedure for a minor boundary change.

Was read the second time.

The question being "Shall HB 1071 pass?"

And the roll being called:

Yeas 47, Nays 21, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Carson; Cronin; Duvall; Ecklund; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hawks; Hawley; Heinert; Hickey; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Magstadt; Munsterman; Novstrup (David); Otten (Herman); Parsley; Qualm; Ring; Romkema; Rozum; Schoenfish; Schrempp; Sly; Soli; Solum; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Wick; Wismer; Speaker Gosch

Nays:
Cammack; Campbell; Conzet; Dryden; Erickson; Greenfield; Hajek; Heinemann (Leslie); Hoffman; Lust; May; Mickelson; Nelson; Olson (Betty); Rasmussen; Rounds; Russell; Schaefer; Stalzer; Westra; Wink

Excused:
Craig; Peterson

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 1143: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding unemployment insurance benefit eligibility of workers attending approved training.

Was read the second time.

The question being "Shall HB 1143 pass as amended?"

And the roll being called:

Yeas 54, Nays 14, Excused 2, Absent 0

Yeas:
Anderson; Bolin; Cammack; Campbell; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Killer; Kirschman; Parsley; Ring; Schrempp; Tyler; Wismer

Excused:
Craig; Peterson

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 1158 be placed to follow HB 1232 on today's calendar.

Which motion prevailed.

HB 1180: FOR AN ACT ENTITLED, An Act to provide that no entity that places children for adoption or performs abortions may be registered as a pregnancy help center.

Was read the second time.

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall HB 1180 pass?"

And the roll being called:

Yeas 54, Nays 14, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Greenfield; Haggar (Don); Haggar (Jenna); Heinemann (Leslie); Hickey; Hoffman; Johns; Kaiser; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Feinstein; Gibson; Hajek; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; May; Parsley; Ring; Soli; Tyler; Wismer

Excused:
Craig; Peterson

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 1130: FOR AN ACT ENTITLED, An Act to authorize the use of crossbows for hunting big game animals during the firearm season.

Was read the second time.

1130ta

Rep. Erickson moved that HB 1130 be amended as follows:

On page 1, line 8, of the printed bill, after "propelling" delete "an" and insert "a bolt".

On page 1, line 9, delete "arrow".

Which motion prevailed.

The question being "Shall HB 1130 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Craig; Peterson

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 1133: FOR AN ACT ENTITLED, An Act to repeal or revise certain provisions concerning townships.

Was read the second time.

The question being "Shall HB 1133 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; 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; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; 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

Nays:
Latterell

Excused:
Craig; Peterson

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 1232: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the issuance of permits for outdoor advertising signs, displays, or devices.

Was read the second time.

The question being "Shall HB 1232 pass?"

And the roll being called:

Yeas 18, Nays 50, Excused 2, Absent 0

Yeas:
Campbell; Ecklund; Greenfield; Haggar (Jenna); Hickey; Kaiser; Kopp; Latterell; Magstadt; May; Nelson; Olson (Betty); Otten (Herman); Russell; Schoenfish; Stalzer; Steele; Tulson

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

Excused:
Craig; Peterson

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

HB 1158: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.

Was read the second time.

1158jb

Rep. Jenna Haggar moved that HB 1158 be amended as follows:

On page 3, after line 1 of the printed bill, insert:

" Section 9. The state recognizes an unborn child as a person and as a citizen of South Dakota with the right to life and all other fundamental and inalienable rights guaranteed for citizens of the state by the United States Constitution and the Constitution of this state.".

A roll call vote was requested and supported.

The question being on Rep. Jenna Haggar's motion that HB 1158 be amended.

And the roll being called:

Yeas 21, Nays 47, Excused 2, Absent 0

Yeas:
Campbell; Feickert; Greenfield; Haggar (Don); Haggar (Jenna); Hickey; Johns; Kaiser; Kopp; Latterell; Nelson; Olson (Betty); Qualm; Rasmussen; Russell; Schaefer; Schoenfish; Steele; Verchio; Werner; Wick

Nays:
Anderson; Bartling; Bolin; Cammack; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feinstein; Gibson; Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Killer; Kirschman; Langer; Lust; Magstadt; May; Mickelson; Munsterman; Novstrup (David); Otten (Herman); Parsley; Ring; Romkema; Rounds; Rozum; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Westra; Wink; Wismer; Speaker Gosch

Excused:
Craig; Peterson

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

1158yb

Rep. Russell moved that HB 1158 be amended as follows:

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

" Section 1. Upon admission, any hospital, clinic, or medical facility in the state shall report to the United States Immigration and Naturalization Services any patient believed with reasonable certainty to be an illegal immigrant. The information reported shall be name, address,

and any other contact information of the patient, and no other protected health information. The hospital, clinic, and medical facility and such employees of such entities shall be immune from any lawsuit in state court with substantial compliance to the law."

A roll call vote was requested and not supported.

Rep. Russell's motion lost.

1158ja

Rep. Mickelson moved that HB 1158 be amended as follows:

On page 3, after line 1 of the printed bill, insert:

" Section 9. The department shall report at least annually to the Legislature on the financial impact to the State of South Dakota on any waivers or state plan amendments to either expand eligibility or services under Title XXI or Title XIX of the federal Social Security Act entered into after January 1, 2014. Such report shall also include an analysis of medical outcomes after adopting the waiver or state plan amendment and medical outcomes on similarly situated recipients for a relevant time period prior to adopting the waiver or state plan amendment.".

Which motion prevailed.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1158 pass as amended?"

And the roll being called:

Yeas 46, Nays 22, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Carson; Cronin; Dryden; Ecklund; Erickson; Feickert; Feinstein; Gibson; Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Parsley; Rasmussen; Ring; Romkema; Rozum; Schoenfish; Schrempp; Sly; Soli; Steele; Stevens; Tulson; Tyler; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Cammack; Campbell; Conzet; Duvall; Greenfield; Haggar (Don); Haggar (Jenna); Kaiser; Kopp; Latterell; May; Nelson; Olson (Betty); Otten (Herman); Qualm; Rounds; Russell; Schaefer; Solum; Stalzer; Verchio; Werner

Excused:
Craig; Peterson

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 1083: FOR AN ACT ENTITLED, An Act to restrict the term of conservation easements.

Was read the second time.

The question being "Shall HB 1083 pass as amended?"

And the roll being called:

Yeas 17, Nays 51, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Ecklund; Greenfield; Hickey; Kaiser; Kopp; Latterell; May; Nelson; Olson (Betty); Qualm; Russell; Schaefer; Steele; Verchio; Wink

Nays:
Anderson; Bartling; Campbell; Carson; Conzet; Cronin; Dryden; Duvall; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Otten (Herman); Parsley; Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wismer; Speaker Gosch

Excused:
Craig; Peterson

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

Rep. Lust moved that HB 1136, 1201, 1154, 1169, 1111, and 1171 and SB 12, 64, 55, 34, 35, 27, 31, and 32 be deferred to Tuesday, February 11, the 18^th 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 1032 was delivered to his Excellency, the Governor, for his approval at 9:05 a.m., February 10, 2014.

Respectfully submitted,
Brian G. Gosch, Chair

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 5:06 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk