JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 12, 2014

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

The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge of Allegiance led by House pages Ashley Grambihler and Olivianne Stavick.

Roll Call: All members present.

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 eighteenth 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.

COMMUNICATIONS AND PETITIONS

February 12, 2014

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 12, 2014, I approved House Bills 1032, 1044, 1047, 1049, 1057, and 1070, 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 State Affairs respectfully reports that it has had under consideration HCR 1012 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1172, 1189, and 1248 and HJR 1003 and 1006 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, delete "school board" and insert "superintendent".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1249 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 12, of the printed bill, delete "is" and insert "may not be less than".

On page 2, line 1, of the printed bill, after "lunch" insert "and for grades six through twelve, the passing time between classes".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1005, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, delete everything after "and" and insert "be used for teacher compensation".

On page 1, line 9, delete everything before "." .

And that as so amended said bill be referred to Appropriations Committee.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1132 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 1246 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 5 to 7, inclusive, and insert:

" 42-7A-38. ~~A video lottery machine may not allow more than two dollars to be played on a game or award free games or credits in excess of one thousand dollars per bet.~~ The commission shall promulgate rules, pursuant to chapter 1-26, establishing the maximum amount of money, not to exceed five dollars, that may be bet per play on a video lottery machine, the maximum award per play, and the award of free games or credits. The payback value of one credit shall be at least eighty percent of the value of the credit.".

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 1106 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 9 to 15, inclusive.

On page 2, delete lines 1 to 5, inclusive.

And that as so amended 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 1226 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 6, of the printed bill, delete "and dependants of the debtor".

On page 2, line 5, of the printed bill, delete everything after "(9)" and insert "Any court ordered domestic support award of alimony, maintenance, or support of the debtor up to an amount equal to the average monthly pay for an individual based on a forty-hour work week at a rate of minimum wage.".

On page 2, delete line 6.

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 1162 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 3, of the printed bill, delete ", recklessly, or negligently" and insert "or in reckless disregard".

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 1260 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 1013 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 15, 25, 51, 54, 59, 60, 82, 97, 115, and 163 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HCR 1016: 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.

Rep. Nelson moved that HCR 1016 as found on page 315 of the House Journal be adopted.

The question being on Rep. Nelson's motion that HCR 1016 be adopted.

And the roll being called:

Yeas 42, Nays 27, Excused 1, Absent 0

Yeas:
Anderson; Bolin; Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Hoffman; Johns; Kaiser; Kopp; Langer; Latterell; Magstadt; May; Mickelson; Nelson; Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Russell; Schaefer; Schoenfish; Solum; Stalzer; Steele; Tulson; Verchio; Westra; Wink; Speaker Gosch

Nays:
Bartling; Carson; Cronin; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hickey; Hunhoff (Bernie); Killer; Kirschman; Lust; Munsterman; Novstrup (David); Parsley; Peterson; Ring; Rozum; Schrempp; Sly; Soli; Stevens; Tyler; Werner; Wismer

Excused:
Wick

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1016 was adopted.

Yesterday, Rep. Steele announced his intention to reconsider the vote by which HB 1136 lost.

Rep. Steele moved that the House do now reconsider the vote by which HB 1136 lost.

The question being on Rep. Steele's motion to reconsider the vote by which HB 1136 lost.

And the roll being called:

Yeas 35, Nays 35, Excused 0, Absent 0

Yeas:
Anderson; Bartling; Bolin; Campbell; Conzet; Craig; Cronin; Ecklund; Erickson; Haggar (Don); Haggar (Jenna); Heinemann (Leslie); Hickey; Killer; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Olson (Betty); Otten (Herman); Qualm; Rasmussen; Schoenfish; Sly; Stalzer; Steele; Stevens; Tyler; Westra; Wick; Wink; Speaker Gosch

Nays:
Cammack; Carson; Dryden; Duvall; Feickert; Feinstein; Gibson; Greenfield; Hajek; Hawks; Hawley; Heinert; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kirschman; Munsterman; Nelson; Novstrup (David); Parsley; Peterson; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schrempp; Soli; Solum; Tulson; Verchio; Werner; Wismer

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

Rep. Lust moved that SB 98 be referred from the Committee on Taxation to the Committee on State Affairs.

Which motion prevailed.

Rep. Lust moved that HB 1215 be referred to the Committee on Agriculture and Natural Resources.

Which motion prevailed.

Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 13, the 20^th legislative day.

Which motion prevailed.

HCR 1018 Introduced by: Representatives Gosch, Bartling, Conzet, Craig, Cronin, Duvall, Ecklund, Erickson, Feickert, Feinstein, Gibson, Hajek, Hawks, Hawley, Hoffman, Hunhoff (Bernie), Killer, Kirschman, Langer, Lust, Magstadt, Mickelson, Munsterman, Novstrup (David), Parsley, Peterson, Ring, Rounds, Schrempp, Sly, Soli, Steele, Tyler, Westra, Wick, and Wismer and Senators Rave, Bradford, Brown, Frerichs, Heineman (Phyllis), Hunhoff (Jean), Jensen, Kirkeby, Krebs, Lederman, Lucas, Novstrup (Al), Peters, Rampelberg, Soholt, and Vehle

A CONCURRENT RESOLUTION, Recognizing Chronic Obstructive Pulmonary Disease (COPD) as a serious and chronic disease in South Dakota.

WHEREAS, Chronic Obstructive Pulmonary Disease (COPD), also known as chronic bronchitis and emphysema, is the third-leading cause of death in the United States and is the second-leading cause of disability; and

WHEREAS, pulmonary experts predict that by 2020, COPD will become the leading cause of death worldwide; and

WHEREAS, the major risk factor for COPD is smoking. Other risk factors include environmental and workplace exposure to air pollution, a history of childhood respiratory infection, and genetics; and

WHEREAS, tobacco use is the single most preventable cause of death and disease in South Dakota; and

WHEREAS, chronic lower respiratory disease accounted for six and six-tenths percent of 2012 South Dakota resident deaths, including emphysema, asthma, and bronchitis (2012 Vital Statistics); and

WHEREAS, approximately 34,000 or five percent of South Dakota adults reported having COPD in 2012; and

WHEREAS, the American Association for Respiratory Care reports that just over half of all persons with COPD report that their condition limits their ability to work, while thirty-four percent say that COPD keeps them from working; and

WHEREAS, early COPD screening and diagnosis is critical, and a diagnostic test for COPD known as spirometry is available for office use, yet most people are not diagnosed until they have reached an advanced stage of COPD; and

WHEREAS, until there is a cure for COPD, increased public awareness, early detection, and proper health management can slow the progression of the disease and lead to reduced costs and improved quality of life and self-sufficiency; and

WHEREAS, the South Dakota Chronic Disease State Plan guides the statewide stakeholders working together on efforts to prevent and lessen the burden of chronic disease. The state plan identifies areas for collaboration to reduce cost, as well as increase the impact, of the efforts to improve the health of South Dakotans:

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 COPD is recognized as a chronic health condition in South Dakota which contributes to increasing health care costs and decreasing productivity of it citizens; and

BE IT FURTHER RESOLVED, that the Legislature encourages the South Dakota Department of Health to include COPD as a chronic health condition in its efforts to address

serious and chronic health conditions in South Dakota by seeking out and applying for funding and grants available to provide public awareness or treatment for COPD in South Dakota; and

BE IT FURTHER RESOLVED, that the Legislature encourages the South Dakota Department of Health to include COPD as a chronic health condition in its current efforts to educate the public about the effects of smoking and recognizes the Tobacco Control Program's goals to prevent youth initiation to tobacco products, eliminate exposure to secondhand smoke, and promote cessation among youth and young adults. The South Dakota QuitLine is a Department of Health program that offers cessation service for tobacco users and can be accessed at 1-866-SD-QUITS.

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

HCR 1019 Introduced by: Representatives Wink, Anderson, Bartling, Cammack, Erickson, Gosch, Greenfield, Haggar (Don), Hawley, Heinert, Hunhoff (Bernie), Johns, Kopp, Lust, Mickelson, Novstrup (David), Qualm, Rounds, Solum, Stalzer, and Wick and Senators Rampelberg, Begalka, Brown, Frerichs, Jensen, Jones (Chuck), Kirkeby, Krebs, Maher, Monroe, Otten (Ernie), Rave, Solano, Sutton, Tieszen, and Vehle

A CONCURRENT RESOLUTION, Petitioning Congress to reauthorize federally provided terrorism reinsurance for insurers.

WHEREAS, insurance protects the United States economy from the adverse effects of the risks inherent in economic growth and development while also providing the resources necessary to rebuild physical and economic infrastructure, offer indemnification for business disruption, and provide coverage for medical and liability costs from injuries and loss of life in the event of catastrophic losses to persons or property; and

WHEREAS, the terrorist attack of September 11, 2001, produced insured losses larger than any natural or man-made event in history, with claims paid by insurers to their policyholders eventually totaling some $32.5 billion, making this the second most costly insurance event in United States history; and

WHEREAS, the sheer enormity of the terrorist-induced loss, combined with the possibility of future attacks, produced financial shockwaves that shook insurance markets causing insurers and reinsurers to exclude coverage arising from acts of terrorism from virtually all commercial property and liability policies; and

WHEREAS, the lack of terrorism risk insurance contributed to a paralysis in the economy, especially in construction, tourism, business travel, and real estate finance; and

WHEREAS, the United States Congress originally passed the Terrorism Risk Insurance Act of 2002, Pub. L. 107-297 (TRIA), in which the federal government agreed to provide terrorism reinsurance to insurers and reauthorized this arrangement via the Terrorism Risk Insurance Extension Act of 2005, Pub. L. 109-144, and the Terrorism Risk Insurance Program Reauthorization Act of 2007, Pub. L. 110-160 (TRIPRA); and

WHEREAS, under TRIPRA the federal government provides such reinsurance after industry-wide losses attributable to annual certified terrorism events exceed one hundred million dollars; and

WHEREAS, coverage under TRIPRA is provided to an individual insurer after the insurer has incurred losses related to terrorism equal to twenty percent of the insurer's previous year earned premium for property-casualty lines; and

WHEREAS, after an individual insurer has reached such a threshold, the insurer pays fifteen percent of residual losses and the federal government pays the remaining eighty-five percent; and

WHEREAS, the Terrorism Risk Insurance Program has an annual cap of one hundred billion dollars of aggregate insured losses, beyond which the federal program does not provide coverage; and

WHEREAS, TRIPRA requires the federal government to recoup one hundred percent of the benefits provided under the program via policy holder surcharges to the extent the aggregate insured losses are less than twenty-seven billion five hundred million dollars and enables the government to recoup expenditures beyond that mandatory recoupment amount; and

WHEREAS, without question, TRIA and its successors are the principal reason for the continued stability in the insurance and reinsurance market for terrorism insurance to the benefit of our overall economy; and

WHEREAS, the presence of a robust private and public partnership has provided stability and predictability and has allowed insurers to actively participate in the market in a meaningful way; and

WHEREAS, without a program such as TRIPRA, many of our citizens who want and need terrorism coverage to operate their businesses all across the nation would be either unable to get insurance or unable to afford the limited coverage that would be available; and

WHEREAS, without federally provided reinsurance, property and casualty insurers will face less availability of terrorism reinsurance and will therefore be severely restricted in their ability to provide sufficient coverage for acts of terrorism to support our economy; and

WHEREAS, unfortunately, despite the hard work and dedication of this nation's counterterrorism agencies and the bravery of the men and women in uniform who fought and continue to fight battles abroad to keep us safe here at home, the threat from terrorist attacks in the United States is both real and substantial and will remain as such for the foreseeable future:

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 United States Congress and the President of the United States reauthorize the Terrorism Risk Insurance Program.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1157 as found on page 368 of the House Journal; also

Agriculture and Natural Resources on HB 1097 as found on page 369 of the House Journal; also

Taxation on HB 1140 as found on page 370 of the House Journal; also

Taxation on HB 1213 as found on page 370 of the House Journal; also

Taxation on HB 1221 as found on page 371 of the House Journal; also

Transportation on HB 1261 as found on page 372 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 15: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to finance, design, construct, furnish, and equip a football stadium facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

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

SB 25: FOR AN ACT ENTITLED, An Act to establish the procedure to forfeit personal property in child pornography, human trafficking, child solicitation or exploitation cases, and to direct money from the forfeitures.

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

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of tobacco.

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

SB 54: FOR AN ACT ENTITLED, An Act to revise the definition of a boat dealer, used vehicle dealer, and dealer of mobile homes or manufactured homes, and to revise certain penalties for selling motor vehicles, snowmobiles, mobile homes, manufactured homes, or boats without a license.

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

SB 59: FOR AN ACT ENTITLED, An Act to increase the penalty for the trafficking of vehicle license plates and decals, to prohibit and provide a penalty for the unauthorized transfer of a vehicle license plate or decal, and to impose a penalty for altering or forging certain vehicle registration cards.

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

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the titling and licensing of boats and motor vehicles and to establish certain penalties for violation of those provisions.

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

SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning purchases, sales, and contracts made by public officers with the state or its political subdivisions and to revise certain provisions concerning agreements or other transactions of the South Dakota Housing Development Authority.

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

SB 97: FOR AN ACT ENTITLED, An Act to revoke professional or trade licensure obtained through false degrees.

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

SB 115: FOR AN ACT ENTITLED, An Act to provide for travel insurance and regulate travel insurance retailers.

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

SB 163: FOR AN ACT ENTITLED, An Act to prohibit a social host from permitting the underage consumption of alcoholic beverages on the social host's premises and to provide penalties therefor.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1156: FOR AN ACT ENTITLED, An Act to allow the transmission of electronic documents related to insurance policies.

Was read the second time.

The question being "Shall HB 1156 pass as amended?"

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.

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 second time.

The question being "Shall SB 80 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that HB 1122 and 1171 be placed to precede HB 1111 on today's calendar.

Which motion prevailed.

HB 1169: FOR AN ACT ENTITLED, An Act to protect certain homestead exemption interests during sale of homestead or separation of owners.

Was read the second time.

Rep. Hickey moved that HB 1169 be amended as follows:

On page 2 of the printed bill, delete lines 12 to 18, inclusive, and insert:

" If an owner is required to leave a homestead pursuant to a protection order obtained by the owner's spouse or to otherwise preserve peace in the home, the owner's absence from the homestead may not be considered a waiver or abandonment of the owner's interest in the homestead, unless there is evidence to the contrary. If the court orders the division of the homestead pursuant to § 25-4-44 and imposes a lien for the benefit of the nonoccupant owner pursuant to § 25-4-42, the owner's absence from the homestead, unless there is evidence to the contrary, may not be considered a forfeiture of the homestead exemption and any proceeds secured by the judicial lien for a period of one year from the date of receipt of the proceeds is exempt.".

Which motion prevailed.

The question being "Shall HB 1169 pass as amended?"

And the roll being called:

Yeas 68, Nays 2, Excused 0, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; 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; 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:
Erickson; Rasmussen

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 1163: FOR AN ACT ENTITLED, An Act to authorize farm mutual insurers to invest funds in certain stocks and market funds.

Was read the second time.

The question being "Shall HB 1163 pass as amended?"

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.

Speaker Pro tempore Wink now presiding.

HB 1177: FOR AN ACT ENTITLED, An Act to restrict the regulation by local governments of distracted or inattentive driving, to prohibit the use of certain handheld electronic wireless communication devices, and to provide a penalty therefor.

Was read the second time.

The question being "Shall HB 1177 pass as amended?"

And the roll being called:

Yeas 53, Nays 17, Excused 0, Absent 0

Yeas:
Anderson; Bartling; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Feickert; Feinstein; Gibson; Greenfield; Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kopp; Langer; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Parsley; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schrempp; Sly; Soli; Stalzer; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Bolin; Erickson; Haggar (Don); Haggar (Jenna); Kaiser; Kirschman; Latterell; May; Nelson; Otten (Herman); Peterson; Qualm; Russell; Schoenfish; Solum; Steele; Verchio

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

Speaker Gosch now presiding.

HB 1198: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of medical treatment for individuals with mental illness.

Was read the second time.

The question being "Shall HB 1198 pass?"

And the roll being called:

Yeas 68, Nays 2, 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; 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:
Nelson; Russell

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 1135: FOR AN ACT ENTITLED, An Act to revise certain exceptions to special assessments levied upon real property.

Was read the second time.

The question being "Shall HB 1135 pass?"

And the roll being called:

Yeas 69, Nays 1, 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; 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

Nays:
Nelson

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 1192: FOR AN ACT ENTITLED, An Act to designate the Black Hills Mining Museum in Lead as the official mining museum of South Dakota.

Was read the second time.

The question being "Shall HB 1192 pass?"

And the roll being called:

Yeas 68, Nays 2, 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; 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

Nays:
Greenfield; Latterell

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 1218: FOR AN ACT ENTITLED, An Act to authorize school districts to use certain tax levies for pension and health insurance purposes.

Was read the second time.

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall HB 1218 pass?"

And the roll being called:

Yeas 39, Nays 31, Excused 0, Absent 0

Yeas:
Anderson; Bartling; Bolin; Campbell; Craig; Duvall; Ecklund; Feinstein; Greenfield; Haggar (Jenna); Hawley; Hickey; Hunhoff (Bernie); Killer; Kirschman; Kopp; Lust; Magstadt; Mickelson; Munsterman; Nelson; Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rozum; Schoenfish; Sly; Soli; Stalzer; Steele; Stevens; Tulson; Tyler; Werner

Nays:
Cammack; Carson; Conzet; Cronin; Dryden; Erickson; Feickert; Gibson; Haggar (Don); Hajek; Hawks; Heinemann (Leslie); Heinert; Hoffman; Johns; Kaiser; Langer; Latterell; May; Novstrup (David); Rounds; Russell; Schaefer; Schrempp; Solum; Verchio; 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 1228: FOR AN ACT ENTITLED, An Act to repeal the prohibition against carrying permitted concealed weapons in the state capitol.

Was read the second time.

Rep. Stalzer moved that HB 1228 be amended as follows:

On page 1, after line 8 of the printed bill, insert:

" Section 2. That chapter 22-14 be amended by adding thereto a NEW SECTION to read as follows:

Any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in the state capitol, or attempts to do so, is guilty of a Class 1 misdemeanor. However, this section does not apply to any person who is carrying a concealed pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7.".

Which motion prevailed.

Rep. Wink moved that HB 1228 be further amended as follows:

On page 1, line 8, of the printed bill, after "." insert "However, the state capitol is considered a county courthouse on days when the Supreme Court meets, on legislative days, and on the day of the Governor's budget address.".

A roll call vote was requested and supported.

The question being on Rep. Wink's motion that HB 1228 be further amended.

And the roll being called:

Yeas 37, Nays 33, Excused 0, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Dryden; Duvall; Erickson; Feinstein; Hajek; Hawks; Hawley; Heinert; Hickey; Hoffman; Johns; Killer; Kirschman; Langer; Lust; Mickelson; Novstrup (David); Parsley; Peterson; Rasmussen; Ring; Romkema; Rozum; Schaefer; Schrempp; Sly; Soli; Solum; Stevens; Tulson; Tyler; Westra; Wismer

Nays:
Campbell; Carson; Conzet; Craig; Cronin; Ecklund; Feickert; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Heinemann (Leslie); Hunhoff (Bernie); Kaiser; Kopp; Latterell; Magstadt; May; Munsterman; Nelson; Olson (Betty); Otten (Herman); Qualm; Rounds; Russell; Schoenfish; Stalzer; Steele; Verchio; Werner; Wick; Wink; Speaker Gosch

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried, and HB 1228 was so further amended.

The question being "Shall HB 1228 pass as amended?"

And the roll being called:

Yeas 33, Nays 34, Excused 3, Absent 0

Yeas:
Campbell; Conzet; Craig; Cronin; Ecklund; Greenfield; Haggar (Don); Haggar (Jenna); Heinemann (Leslie); Hickey; Hoffman; Kaiser; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Russell; Schoenfish; Sly; Stalzer; Steele; Stevens; Westra; Wick; Wink; Speaker Gosch

Nays:
Anderson; Bartling; Bolin; Cammack; Carson; Dryden; Duvall; Erickson; Feickert; Gibson; Hajek; Hawks; Hawley; Heinert; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Munsterman; Novstrup (David); Parsley; Peterson; Ring; Rounds; Schaefer; Schrempp; Soli; Solum; Tulson; Tyler; Verchio; Werner; Wismer

Excused:
Feinstein; Nelson; Rozum

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 the balance of the calendar including HB 1122, 1171, and 1111 and SB 12, 64, 55, 27, 31, 32, 63, and 14 be deferred to Thursday, February 13, the 20^th legislative day.

Which motion prevailed.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 5:10 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk