JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 24, 2014

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

The prayer was offered by the Chaplain, Pastor Mercy Hobbs, followed by the Pledge of Allegiance led by House page Joshua DeGroot.

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 twenty-fourth 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:

Catherine Chaney, Joshua DeGroot, Nicole Hamilton, Sarah Knust, Mary Martin, Teagan McNary, Madison Mead, Jospeh Updike.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1145, 1146, and 1236 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1147 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1109 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1075 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1187 and 1243 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1165 and returns the same with the recommendation that said bill be amended as follows:

1165jd

On page 5, line 4, of the printed bill, delete "notice of deployment" and insert "an official order to deploy".

On page 6, line 11, delete everything after "child" and insert ". However, if upon return from the deployment either the servicemember or child exhibits a substantial and material change in circumstances that adversely affects the servicemember's ability to adequately care for the child, the best interests of the child shall be determinative.".

On page 6, delete line 12.

On page 9, line 1, delete "notice of deployment" and insert "an official order to deploy".

On page 9, line 6, delete "notice of deployment" and insert "an official order to deploy".

On page 13, line 9, after "Act" insert "or a temporary order for child support was entered pursuant to section 22 of this Act".

On page 14, after line 14, insert:

" Section 32. That § 33-6-10 be repealed.

33-6-10. A servicemember ordered to deployment, who is the physical custodian or guardian of a minor or incapacitated person, may delegate by a properly executed power of attorney to another person for a period of one year or less any of the powers regarding care and custody of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. If the power of attorney lapses prior to the servicemember's release from active duty, the power of attorney shall be automatically extended for an additional year unless the servicemember is sooner released from active duty. Neither the execution of such a power of attorney pursuant to this section, nor the deployment itself, may be considered a factor in considering a substantial and material change of circumstances, nor a factor in a best interest of the child determination for purposes of permanent child custody modification proceedings. There is hereby imposed an automatic stay of all proceedings seeking a permanent change in custody of a minor child where the parent with physical custody is a servicemember called to active duty for deployment. Such stay shall continue for the period of service due to deployment, unless waived in writing by the service member. Nothing in this section precludes a petition by the noncustodial parent to temporarily change physical custody, the best interests of the child remains determinative for such temporary custody determinations. Any temporary order modifying physical custody of the child automatically terminates upon return of the servicemember from deployment and reverts back to the custody status or order in effect prior to the deployment. However, if upon return from the deployment either the servicemember or child exhibits a substantial and material change in circumstances which adversely affects the servicemember's ability to adequately care

~~for the child, the best interests of the child shall be determinative. The temporary custody provisions of § 25-4A-11 do not apply to the temporary custody provisions of this section.~~ ".

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 1186, 1258, and 1259 which were 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 HB 1021, 1031, 1052, 1082, 1107, 1130, and 1131 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in HCR 1007.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 38, 99, 102, 118, 152, and 179 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

Rep. Russell moved that HCR 1020 be deferred to Tuesday, February 25, the 26^th legislative day.

Which motion prevailed.

HCR 1021: A CONCURRENT RESOLUTION, Urging the United States Department of Agriculture to withdraw certain rules imperiling the South Dakota livestock industry.

Rep. May moved that HCR 1021 as found on page 488 of the House Journal be adopted.

The question being on Rep. May's motion that HCR 1021 be adopted.

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); 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

Nays:
Hajek

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1021 was adopted.

Rep. Hickey moved that the Committee on State Affairs be instructed to deliver HB 1183 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was not supported.

Rep. Bolin moved that the Committee on Education be instructed to deliver HB 1187 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

HCR 1022 Introduced by: Representatives Craig, Anderson, Bolin, Cammack, Campbell, Cronin, Duvall, Ecklund, Erickson, Gosch, Greenfield, Haggar (Don), Haggar (Jenna), Heinemann (Leslie), Hickey, Hoffman, Johns, Kaiser, Kopp, Langer, Latterell, Magstadt, May, Mickelson, Nelson, Olson (Betty), Qualm, Rasmussen, Rozum, Schaefer, Schoenfish, Sly, Solum, Stalzer, Steele, Stevens, Tulson, Westra, Wick, and Wink and Senators Rampelberg, Brown, Ewing, Holien, Lederman, Maher, Rave, Rhoden, and Solano

A CONCURRENT RESOLUTION, Concerning U.S. EPA-proposed greenhouse gas emission standards for new and existing fossil-fueled power plants.

WHEREAS, on June 25, 2013, the President issued a memorandum to the U.S. EPA administrator directing the EPA to propose new source performance standards for greenhouse gases that establish limits for carbon dioxide (CO2) emissions from new fossil-fuel fired electric generating units, which the administrator did on September 20, 2013; and by the same memorandum directed the administrator to:

(1) Issue proposed carbon pollution standards, regulations, or guidelines, as appropriate, for modified, reconstructed, and existing power plants by no later than June 1, 2014;

(2) Issue final standards, regulations, or guidelines, as appropriate for modified, reconstructed, and existing power plants by no later than June 1, 2015;

(3) Include in the guidelines addressing existing power plants a requirement that states submit to the U.S. EPA the implementation plans required under Section 111(d) of the Clean Air Act and its implementing regulations by no later than June 30, 2016; and

WHEREAS, the President instructed the EPA, in its efforts to address carbon emissions from modified, reconstructed, and existing power plants to engage directly with states, and expressly recognized that states "will play a central role in establishing and implementing standards for existing power plants"; and

WHEREAS, the President instructed the EPA to work with state agencies to "promote the reliable and affordable provision of electric power through the continued development and deployment of cleaner technologies and by increasing energy efficiency, including through stronger appliance efficiency standards and other measures"; and

WHEREAS, EPA is proposing two standards for new fuel-fired utility boilers and IGCC units of 1,100 pounds of CO2 per gross megawatt-hour over a twelve-operating month period or 1,000-1,050 lbs CO2/MWh gross over an eighty-four-operating month period, both of which would require new coal units to employ at least partial carbon capture and storage (CCS) technology; and

WHEREAS, EPA is proposing two standards for new natural gas-fired stationary combustion units of 1,000 lbs CO2/MWh gross for units greater than 850 million British thermal units per hour and 1,100 lbs Co2/MWh gross for units less than or equal to 850 mmBtu/hr, neither of which would require the use of any CCS technology; and

WHEREAS, the August 2010 report of President Obama's Interagency Task Force on Carbon Capture and Storage determined that CCS technologies "are not ready for widespread implementation primarily because they have not been demonstrated at the scale necessary to establish confidence for power plant application"; and

WHEREAS, EPA has failed to establish the CCS is the best system of emission reduction that has been adequately demonstrated, as required by the Clean Air Act and its implementing regulations; and

WHEREAS, the U.S. Department of Energy's National Energy Laboratory has found that the application of currently researched CCS technology to new coal-fired power plants could increase the cost of electricity produced by such plants by eighty percent, which would severely impact industrial, commercial, and especially residential consumers; and

WHEREAS, the most efficient coal-fired power plants, such as those that use the commercially available ultra-supercritical and supercritical technologies represent the best system of emission reduction that has been adequately demonstrated, but alone would be insufficient to achieve EPA's proposed performance standard; and

WHEREAS, South Dakota strongly supports a diversified energy mix in an "all-of-the-above" energy strategy and not an "all-but-one" approach that restricts the future use of coal to generate affordable electricity; and

WHEREAS, the new proposal does not correct deficiencies in the standards originally proposed by U.S. EPA in April 2012; and

WHEREAS, in 2012 CO2 emissions from U.S. coal-based electric generation were twenty-three percent below 2005 levels according to the U.S. EPA Clean Air Markets Acid Rain Program database; and

WHEREAS, currently a large percentage of electricity in the United States is produced by coal-based load power plants, and CO2 emissions from electric generation are continuing to decrease due to retirements of units that are uneconomic to retrofit to comply with other EPA regulations and operate due to market conditions; and

WHEREAS, total CO2 emissions for the U.S. have been decreasing and are on track to meet the administration's nonbinding target of seventeen percent below 2005 levels by 2020; and

WHEREAS, EPA's proposed requirements do not sufficiently recognize that accumulation of greenhouse gases in the atmosphere is a global issue and global action is required to address it; and

WHEREAS, Section 111(d) and its implementing regulations define roles, authority, and discretion for EPA and the states, and EPA is required to establish a procedure so that states are able to use their full authority and discretion to develop performance standards and implementation plans for existing plants based on all flexibility mechanisms available under the Clear Air Act and its implementing regulations; and

WHEREAS, Section 111(d) and EPA's current implementing regulations expressly authorize states to take into account factors as the "unreasonable cost of control resulting from plant age, location, or basic process design," "physical impossibility of installing necessary control equipment," and "any other factors specific to the facility or class of facilities that make application of a less stringent standard or final compliance time significantly more reasonable"

when making determinations on the application of the appropriate standard of performance to a particular existing source; and

WHEREAS, states already have the authority conferred by the Clean Air Act and its implementing regulations to decide and to demonstrate the application of less stringent emission standards or longer compliance schedules than those provided in applicable rules or emission guidelines; and

WHEREAS, the states rely on EPA to issue a procedure under Section 111(d) and its implementing regulations that reflects the best system of direct emission reductions at affected facilities taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirements; and

WHEREAS, states have jurisdiction over integrated resource planning and other resource adequacy decisions, processes which ultimately determine the mixes of fuels in state generation portfolios, which differ from state to state; and

WHEREAS, states have different mixes of fuels and resources in their existing generation portfolios; and

WHEREAS, coal provides affordable and reliable electricity to forty-eight states, including the twenty-nine states that rely on coal to provide more than twenty-five percent of their electric generation and the fifteen states that rely on coal to provide more than fifty percent of their electricity generation; and

WHEREAS, states have achieved different levels of CO2 reductions, have diverse economies and energy needs, and face different economic conditions, including states with energy intensive manufacturing industries that provide goods for the entire nation; and

WHEREAS, Section 111(d) and its implementing regulations provide discretion for states to maintain the operation of coal-based electricity generating plants through the end of their useful lives that meet environmental performance requirements for conventional and hazardous air pollutants:

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 Administration and Congress with input from federal agencies to establish a national energy policy that encourages access to and removal of impediments to all available domestic sources of energy so that it is affordable and reliable; and

BE IT FURTHER RESOLVED, that the policy should not infringe upon states' authority already provided by the Clean Air Act and its implementing regulations that allows states individually or regionally to take into account the different makeup of existing power generation and resource mix in each state and region and using current regulations that provide for states to be able to demonstrate less stringent emission standards and longer compliance schedules for affected facilities; and

BE IT FURTHER RESOLVED, that the policy should recognize state and regional variations in the provision of affordable and reliable electricity so that each state can minimize compliance costs to ratepayers and maintain reliability.

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

HCR 1023 Introduced by: Representatives Nelson, Anderson, Bolin, Campbell, Craig, Ecklund, Greenfield, Haggar (Don), Haggar (Jenna), Hickey, Kaiser, Kopp, Latterell, May, Olson (Betty), Qualm, Russell, Schaefer, Stalzer, Steele, and Verchio and Senators Jensen, Begalka, and Maher

A CONCURRENT RESOLUTION, Rejecting the Common Core State Standards plan.

WHEREAS, the Common Core State Standards (CCSS) are a set of academic standards, promoted and supported by two private membership organizations, the National Governors Association (NGA) and the Council of Chief State School Officers (CCSSO), as a method that requires American students to conform to uniform, one-size-fits-all achievement goals to make students more competitive in a global marketplace; and

WHEREAS, the NGA and the CCSSO received tens of millions of dollars from private third parties to advocate for and develop the CCSS strategy and subsequently created the CCSS through a process that was not subject to any freedom of information acts or other sunshine laws; and

WHEREAS, even though federal law prohibits the federalizing of curriculum, the Obama Administration accepted the CCSS plan and used 2009 Stimulus Bill money to reward the states that were most committed to the President's CCSS agenda, but the administration failed to give states, their legislatures, and their citizens time to evaluate the CCSS before having to commit to them; and

WHEREAS, the NGA and the CCSSO, in concert with the same corporations developing the CCSS assessments have created new textbooks, digital media, and other teaching materials aligned to the standards, which must be purchased and adopted by local school districts in order that students may effectively compete on CCSS assessments; and

WHEREAS, the CCSS program includes federally funded testing and the collection and sharing of massive amounts of personal student and teacher data; and

WHEREAS, the CCSS effectively removes educational choice and competition since all schools and all districts must use Common Core assessments based on the CCSS to allow all students to advance in the school system and to advance to higher education pursuits:

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 does not believe in a one-size-fits-all approach to education and supports providing broad education choices to parents and children at the state and local levels, which

is best based on a free market approach to education for students to achieve individual excellence; and

BE IT FURTHER RESOLVED, that the Legislature recognizes the CCSS for what they are, an inappropriate overreach to standardize and control the education of our children so they will conform to a preconceived normal; and

BE IT FURTHER RESOLVED, that the Legislature rejects the collection of personal student data for any noneducational purpose without the prior written consent of an adult student or a child student's parent, with any person or entity other than schools or education agencies within the state; and

BE IT FURTHER RESOLVED, that the Legislature recognizes the need to repeal the numerous federal regulations that interfere with state and local control of public school. Therefore, the Legislature rejects this CCSS plan which creates and fits the country with a nationwide straitjacket on academic freedom and achievement.

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

HCR 1024 Introduced by: Representatives Nelson, Anderson, Bolin, Campbell, Craig, Greenfield, Haggar (Don), Haggar (Jenna), Hickey, Kaiser, Kopp, Latterell, Magstadt, May, Olson (Betty), Qualm, Russell, Stalzer, Steele, Verchio, and Westra and Senators Begalka, Jensen, and Otten (Ernie)

A CONCURRENT RESOLUTION, Petitioning President Obama to publicly condemn China for its aggressive program of cyber warfare and espionage against the United States of America.

WHEREAS, China has a well-documented program of cyber espionage targeted at the United States military and the defense and civilian industrial base; and

WHEREAS, United States national intelligence chief James Clapper said that there is "a remote chance of a major cyber attack against United States critical infrastructure systems during the next two years that would result in long-term, wide-scale disruption of services, such as a regional power outage"; and

WHEREAS, CIA Director John Brennan has stated that "the seriousness and the diversity of the threats that this country faces in the cyber domain are increasing on a daily basis"; and

WHEREAS, United States security firm Mandiant reported a unit of China's People's Liberation Army had stolen hundreds of terabytes of data from at least 141 organizations, mostly based in the United States; and

WHEREAS, National Security Adviser Tom Donilon said that United States businesses are growing more concerned "about sophisticated, targeted theft of confidential business information through cyber intrusions emanating from China at a very large scale"; and

WHEREAS, these acts threaten the security of South Dakota and the United States and threaten the world-wide economic competitiveness of our country's industrial base; and

WHEREAS, China has denied such reports and says it is a victim of cyber spying by the United States government; and

WHEREAS, President Obama has only indirectly confronted China, and by his refusal to openly identify China as the primary state actor conducting cyber warfare against the United States, implicitly encourages their continuance:

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 condemns China for its aggressive program of cyber warfare and espionage against the United States of America, and its denial of those acts; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature calls on President Obama to publicly condemn China for its aggressive program of cyber warfare and espionage and to be clear about how the United States will respond to the use of strategic cyber weapons on American soil, in the military sphere; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature calls on President Obama to begin to match his words with actions and take actions necessary to cause China to cease these acts.

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

Agriculture and Natural Resources on HB 1208 as found on page 480 of the House Journal; also

Education on HB 1256 as found on page 482 of the House Journal; also

Judiciary on HB 1161 as found on page 483 of the House Journal; also

Appropriations on HB 1040 as found on page 483 of the House Journal; also

Appropriations on HB 1112 as found on page 485 of the House Journal; also

Appropriations on HB 1175 as found on page 485 of the House Journal be adopted.

Which motion prevailed.

Rep. May moved that HB 1215 be placed on today's calendar, pursuant to Joint Rule 6F-6.

The question being on Rep. May's motion that HB 1215 be placed on today's calendar, pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 55, Nays 15, Excused 0, Absent 0

Yeas:
Anderson; Bolin; Cammack; Campbell; Conzet; Craig; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Heinemann (Leslie); Heinert; Hickey; Hoffman; Johns; Kaiser; Killer; Kopp; Langer; Latterell; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Bartling; Carson; Cronin; Dryden; Duvall; Greenfield; Hajek; Hawks; Hawley; Hunhoff (Bernie); Kirschman; Lust; Ring; Verchio; Wismer

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1215 was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 38: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

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

SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding self-funded multiple employer trusts.

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

SB 102: FOR AN ACT ENTITLED, An Act to provide that, upon completion of certain proceedings, magistrate judges may return or dispose of property taken in as evidence.

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

SB 118: FOR AN ACT ENTITLED, An Act to revise certain criminal penalties for intentional damage to private property.

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

SB 152: FOR AN ACT ENTITLED, An Act to make an appropriation to provide full funding of the cement plant retirement plan, to consolidate the cement plant retirement plan with the South Dakota Retirement System, and to declare an emergency.

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

SB 179: FOR AN ACT ENTITLED, An Act to prohibit the use of certain handheld electronic wireless devices for electronic messaging while driving.

Was read the first time.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 50: FOR AN ACT ENTITLED, An Act to authorize rule-making authority to establish record-keeping requirements for insurers and producers.

Was read the second time.

The question being "Shall SB 50 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

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

Was read the second time.

The question being "Shall SB 52 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that HB 1111 be placed to precede HB 1134 on today's calendar.

Which motion prevailed.

HB 1111: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the design, construction, and equipping of a veterans home near Hot Springs, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

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Rep. Bolin moved that HB 1111 be amended as follows:

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

" Section 1. There is hereby appropriated from the general fund the sum of sixteen million three hundred sixty-five thousand forty-four dollars ($16,365,044), or so much thereof as may be necessary, to the railroad trust fund created by § 49-16C-1 for the purposes of planning, enlarging, maintaining, equipping, and protecting railroads and railroad facilities.

Section 2. The secretary of the Department of Transportation shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

The Speaker ruled the motion to amend out of order, pursuant to Joint Rule 6E-1.

The question being "Shall HB 1111 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

HB 1134: FOR AN ACT ENTITLED, An Act to clarify certain municipal powers.

Was read the second time.

The question being "Shall HB 1134 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; 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; 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:
Kaiser; 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 1142: FOR AN ACT ENTITLED, An Act to enhance the support for public postsecondary technical institutes and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1142 pass as amended?"

And the roll being called:

Yeas 63, Nays 6, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; 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; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Cronin; Feickert; Kaiser; Russell; Schrempp; Wismer

Excused:
Carson

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

HB 1166: FOR AN ACT ENTITLED, An Act to revise the telecommunications services program to include current and developing technology.

Was read the second time.

The question being "Shall HB 1166 pass as amended?"

And the roll being called:

Yeas 61, Nays 8, Excused 1, 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); Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Langer; Lust; Magstadt; May; Mickelson; Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wink; Wismer; Speaker Gosch

Nays:
Greenfield; Heinert; Kaiser; Latterell; Nelson; Olson (Betty); Steele; Wick

Excused:
Carson

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 1129: FOR AN ACT ENTITLED, An Act to prohibit the use of certain explosive targets in the Black Hills Forest Fire Protection District.

Was read the second time.

The question being "Shall HB 1129 pass as amended?"

And the roll being called:

Yeas 56, Nays 13, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Craig; 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; 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; Stevens; Tyler; Werner; Wick; Wismer

Nays:
Conzet; Cronin; Greenfield; Kaiser; Latterell; Nelson; Russell; Steele; Tulson; Verchio; Westra; Wink; Speaker Gosch

Excused:
Carson

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 1085: FOR AN ACT ENTITLED, An Act to revise certain property tax levies for the general fund of school districts.

Was read the second time.

The question being "Shall HB 1085 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; 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

Excused:
Carson

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 1244: FOR AN ACT ENTITLED, An Act to assist certain qualified employees with health insurance and to make an appropriation therefor.

Was read the second time.

1244jd

Rep. Munsterman moved that HB 1244 be amended as follows:

On page 4 of the House Health and Human Services Committee engrossed bill, delete lines 6 to 17, inclusive.

Which motion prevailed.

1244je

Rep. Hunhoff moved that HB 1244 be further amended as follows:

On the House Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. The Department of Social Services shall include in its plan for medical assistance services pursuant to Title XIX of the United States Social Security Act and any amendments thereto a provision for coverage of individuals in South Dakota meeting criteria as specified under Section 2001(a) of the Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the Health Care and Education and Reconciliation Act of 2010 (P.L. 111-152). This provision shall expire if federal financial participation for the expanded program is reduced below 90 percent."

A roll call vote was requested and supported.

The question being on Rep. Hunhoff 's motion that HB 1244 be further amended.

And the roll being called:

Yeas 19, Nays 50, Excused 1, Absent 0

Yeas:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; Parsley; Peterson; Ring; Schoenfish; Schrempp; Soli; Tyler; Wink; Wismer

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

Excused:
Carson

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

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1244 pass as amended?"

And the roll being called:

Yeas 24, Nays 45, Excused 1, Absent 0

Yeas:
Bartling; Conzet; Ecklund; Feickert; Gibson; Hawks; Hawley; Heinemann (Leslie); Hickey; Hunhoff (Bernie); Killer; Kirschman; Lust; Magstadt; Munsterman; Parsley; Peterson; Ring; Rozum; Schoenfish; Sly; Soli; Steele; Wismer

Nays:
Anderson; Bolin; Cammack; Campbell; Craig; Cronin; Dryden; Duvall; Erickson; Feinstein; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Heinert; Hoffman; Johns; Kaiser; Kopp; Langer; Latterell; May; Mickelson; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Russell; Schaefer; Schrempp; Solum; Stalzer; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

Excused:
Carson

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

HB 1257: FOR AN ACT ENTITLED, An Act to clarify certain autism spectrum disorders insurance coverage.

Was read the second time.

The question being "Shall HB 1257 pass as amended?"

And the roll being called:

Yeas 57, Nays 12, Excused 1, Absent 0

Yeas:
Bartling; Bolin; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Killer; Kirschman; Kopp; Langer; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wink; Wismer; Speaker Gosch

Nays:
Anderson; Cammack; Cronin; Greenfield; Johns; Kaiser; Latterell; Lust; Rounds; Russell; Verchio; Wick

Excused:
Carson

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 1096: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the challenging of certain election petitions.

Was read the second time.

The question being "Shall HB 1096 pass as amended?"

And the roll being called:

Yeas 41, Nays 28, Excused 1, Absent 0

Yeas:
Anderson; Cammack; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Haggar (Don); Hajek; Heinemann (Leslie); Hoffman; Johns; Langer; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Bartling; Bolin; Campbell; Craig; Feickert; Feinstein; Gibson; Greenfield; Haggar (Jenna); Hawks; Hawley; Heinert; Hickey; Hunhoff (Bernie); Kaiser; Killer; Kirschman; Kopp; Latterell; Parsley; Peterson; Ring; Russell; Schrempp; Soli; Tyler; Verchio; Wismer

Excused:
Carson

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 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school board opening day decision petitions.

Was read the second time.

The question being "Shall HB 1164 pass as amended?"

And the roll being called:

Yeas 57, Nays 12, Excused 1, Absent 0

Yeas:
Cammack; Campbell; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Heinert; Hickey; Hoffman; Johns; Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); 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:
Anderson; Bartling; Bolin; Cronin; Gibson; Hawks; Hawley; Heinemann (Leslie); Hunhoff (Bernie); Parsley; Peterson; Rasmussen

Excused:
Carson

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 1194, 1038, 1203, and 1215 and SB 12, 64, 55, 27, 31, 32, 63, 14, 89, 93, 103, 29, 54, and 59 be deferred to Tuesday, February 25, the 26^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 Appropriations respectfully reports that it has had under consideration HB 1256 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Fred W. Romkema, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1076 was delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 24, 2014.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1021, 1031, 1052, 1082, 1107, 1130, and 1131 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1021: FOR AN ACT ENTITLED, An Act to provide for judicial review of Board of Regents decisions involving student discipline and residency classification.

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

HB 1052: FOR AN ACT ENTITLED, An Act to authorize additional disclosure regarding certain insurance investigations and examinations.

HB 1082: FOR AN ACT ENTITLED, An Act to revise the conditions causing the suspension of a probationer's probationary period.

HB 1107: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding restraint of trade.

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

HB 1131: FOR AN ACT ENTITLED, An Act to clarify that a credit card is not required to establish a revolving credit account.

SB 78: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Commissioner of South Dakota.

SB 79: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the federal census.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 5:15 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk