JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 3, 2014

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

The prayer was offered by the Chaplain, Pastor John Armstrong, followed by the Pledge of Allegiance led by House page Teagan McNary.

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-eighth 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.

Speaker Gosch recognized and introduced former Representative Val Rausch, District 4, who served as Speaker of the House of Representatives in 2011-2012. He spoke briefly and presided over the unveiling of his portrait.

COMMUNICATIONS AND PETITIONS

February 27, 2014

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 27, 2014, I approved House Bills 1021, 1031, 1052, 1064, 1074, 1076, 1082, 1101, 1107, and 1131, 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 SB 9, 124, and 180 and SJR 1 and returns the same with the recommendation that said bills and resolution do pass.

Respectfully submitted,
Justin Cronin, Vice Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 84, 94, and 141 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 28 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the Senate Appropriations Committee engrossed bill, delete "on state land in South Dakota." and insert "in South Dakota. The Division of Resource Conservation and Forestry within the Department of Agriculture shall design and administer a program for the suppression of mountain pine beetle through a collaborative all lands mountain pine beetle response.".

And that as so amended said bill do pass.

Respectfully submitted,
Fred W. Romkema, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 69 and 186 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 82 and 97 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 77 and 102 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the Senate Judiciary Committee engrossed bill, delete everything after "child" and insert ".".

On page 1, delete line 11.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the Senate Judiciary Committee engrossed bill, remove the overstrikes from "~~family or household member~~".

On page 1, delete line 8, and insert "against any other family or household member.;".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 7 and returns the same with the recommendation that said bill be amended as follows:

On the Senate Judiciary Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:

Any person who is involved in one of the following relationships with another party:

(1) Spouse or former spouse;

(2) Is or has been in a significant romantic relationship;

(3) Has a child or is expecting a child with the abusing party;

(4) Parent and child, including a relationship by adoption, guardianship, or marriage; or

(5) Siblings, whether of the whole or half blood, including a relationship through adoption or marriage;

is entitled to apply for a protection order or a temporary protection order pursuant to the provisions of this chapter.

Section 2. That § 25-10-1 be amended to read as follows:

25-10-1. Terms used in this chapter mean:

(1) "Domestic abuse," physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury ~~between family or household members~~ when occurring between persons in a relationship described in section 1 of this Act. Any violation of § 25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between ~~family or household members~~ persons in such a relationship;

(2) "Family or household members," spouses, former spouses, or persons related by consanguinity, adoption, or law, persons living in the same household, persons who have lived together, or persons who have had a child together;

~~(3)~~ "Protection order," an order restraining any ~~family or household member~~ person in a relationship described in section 1 of this Act from committing any act of domestic abuse or an order excluding any ~~family or household member~~ person in a relationship described in section 1 of this Act from the dwelling or residence of another ~~family or household member~~ person in such a relationship, whether or not the dwelling or residence is shared. A protection order has a duration of five years or less; and

~~(4)~~(3) "Temporary protection order," an order restraining any ~~family or household member~~ person in a relationship described in section 1 of this Act from committing any act of domestic abuse or an order excluding any ~~family or household member~~ person in a relationship described in section 1 of this Act from the dwelling or residence of another ~~family or household member~~ person in such a relationship, whether or not the dwelling or residence is shared. A temporary protection order has a duration of thirty days except as provided in § 25-10-7.1.

Section 3. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:

For purposes of chapter 25-10, when determining whether a relationship is a significant romantic relationship, the court shall consider the following factors:

(1) The length of time of the relationship;

(2) The frequency of interaction between the parties;

(3) The characteristics and the type of the relationship; and

(4) If the relationship has terminated, the length of time since the termination.

Section 4. That § 25-10-3 be amended to read as follows:

25-10-3. There exists an action known as a petition for a protection order in cases of domestic abuse. Procedures for the action are as follows:

(1) A petition under this section may be made by any ~~family or household member~~ person in a relationship described in section 1 of this Act against any other ~~family or household member.~~ person in such a relationship;

(2) A petition shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse.;

(3) A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.

The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. ~~The Department of Social Services shall prepare the standard petition form.~~

Section 5. That § 25-10-5 be amended to read as follows:

25-10-5. Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows:

(1) Restrain any party from committing acts of domestic abuse;

(2) Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner;

(3) Award temporary custody or establish temporary visitation with regards to minor children of the parties;

(4) Establish temporary support for minor children of the parties or a spouse;

(5) Order that the abusing party obtain counseling;

(6) Order other relief as the court deems necessary for the protection of ~~a family or household member~~ the person to whom relief is being granted, including orders or directives to a sheriff or constable.

Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.

If any minor child resides with either party, the court shall order that the ~~abusing party~~ restrained person receive instruction on parenting approved or provided by the Department of Social Services as part of any relief granted.

Section 6. That § 25-10-6 be amended to read as follows:

25-10-6. ~~When~~ If an affidavit filed with an application under this chapter alleges that immediate and irreparable injury, loss, or damage will result before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order:

(1) Restraining any ~~family or household member~~ person in a relationship described in section 1 of this Act from committing acts of domestic abuse;

(2) Excluding any ~~family or household member~~ person in a relationship described in section 1 of this Act from the dwelling or the residence of the petitioner.

Section 7. That § 25-10-36 be amended to read as follows:

25-10-36. If any law enforcement officer who is responding to a domestic abuse call has probable cause to believe that a crime has been committed, the law enforcement officer shall arrest the person who is suspected of committing the crime and make a complete report of any action taken. The officer shall indicate on the arrest report and the fingerprint document if the arrest is for a crime against a ~~family or household member as defined in § 25-10-1~~ person in a relationship described in section 1 of this Act.

Section 8. That § 25-10-40 be amended to read as follows:

25-10-40. No police officer or sheriff may release a person charged with assaulting a ~~family or household member, as defined in subdivision 25-10-1(2)~~ person in a relationship described in section 1 of this Act, or violating a protection order, as provided for in this chapter, without providing notice to a committing magistrate judge or circuit court. A committing magistrate judge or circuit court shall determine if bond or other conditions of release are necessary for the protection of the alleged victim.

Section 9. That § 25-10-41 be amended to read as follows:

25-10-41. In determining the conditions of release under § 25-10-40, the court shall consider the following conditions and may impose any condition it considers reasonably necessary to protect the alleged victim of domestic abuse, including ordering the defendant:

(1) Not to subject the victim to further domestic abuse;

(2) To vacate the home of the victim;

(3) Not to contact the victim other than through counsel;

(4) To engage in counseling;

(5) To refrain from the consumption of alcohol or the use of drugs;

(6) To post bond pursuant to § 25-10-23.

As used in this section, the term ", domestic abuse", means a violation of § 22-18-1 or 22-18-1.1 if the victim is a ~~family or household member~~ person in a relationship described in section 1 of this Act.

Section 10. That § 23A-28C-4 be amended to read as follows:

23A-28C-4. For the purposes of this chapter, the term, victim, means any person being the direct subject of an alleged act, which would constitute a crime of violence as defined by subdivision 22-1-2(9), simple assault between ~~family or household members as defined in subdivision 25-10-1(2)~~ persons in a relationship described in section 1 of this Act, stalking as defined in chapter 22-19A, a violation of chapter 22-22, or a driving under the influence vehicle accident, under the laws of South Dakota or the laws of the United States. If the victim does not survive such act or is unable to comment, the term, victim, means the members of the immediate family of the primary victim. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 163 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 19, of the Senate engrossed bill, delete "minors" and insert "persons".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 6 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 HB 1043, 1091, 1151, and 1200 which have passed the Senate without change.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

SCR 5: A CONCURRENT RESOLUTION, Expressing support for civic education in the public schools in South Dakota, and recognizing February 26, 2014, as Civic Education Day at the State Capitol.

Rep. Hoffman moved that SCR 5 as found on page 447 of the Senate Journal be concurred in.

The question being on Rep. Hoffman's motion that SCR 5 be concurred in.

And the roll being called:

Yeas 63, Nays 7, 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; Lust; Magstadt; Mickelson; Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Kaiser; Latterell; May; Nelson; Olson (Betty); Qualm; Steele

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in.

SCR 7: A CONCURRENT RESOLUTION, Expressing support for all South Dakota high school students learning and practicing the basic skills of hands-only Cardio Pulmonary Resuscitation (CPR) prior to graduation.

Rep. Munsterman moved that SCR 7 as found on page 449 of the Senate Journal be concurred in.

The question being on Rep. Munsterman's motion that SCR 7 be concurred in.

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 motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 7 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the report of the Standing Committee on

Health and Human Services on SB 183 as found on page 589 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 40: FOR AN ACT ENTITLED, An Act to allow a surviving spouse of a member of the South Dakota Retirement System to elect a reduced benefit prior to age sixty-five under certain circumstances.

Was read the second time.

The question being "Shall SB 40 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 41: FOR AN ACT ENTITLED, An Act to revise the definition of penitentiary correctional staff for purposes of administering the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 41 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 147: FOR AN ACT ENTITLED, An Act to revise the composition of the governing body of a health maintenance organization.

Was read the second time.

The question being "Shall SB 147 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 171: FOR AN ACT ENTITLED, An Act to recognize certain federal forms as sufficient to direct the disposition of the body of a servicemember.

Was read the second time.

The question being "Shall SB 171 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that SB 74 and 19 be placed to precede SB 49 on today's calendar.

Which motion prevailed.

SB 74: FOR AN ACT ENTITLED, An Act to provide for the consideration of joint physical custody of a minor.

Was read the second time.

The question being "Shall SB 74 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; 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; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Latterell; Stevens

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 19: FOR AN ACT ENTITLED, An Act to increase expenditure authority to accommodate donations to projects at Black Hills State University and Northern State University, to authorize the acquisition and renovation of improved real property for a project at Dakota State University, and to declare an emergency.

Was read the second time.

The question being "Shall SB 19 pass as amended?"

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; Nelson; 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:
Russell

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.

SB 49: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding private placement policies.

Was read the second time.

The question being "Shall SB 49 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 63: FOR AN ACT ENTITLED, An Act to protect the privacy of the records of individual students.

Was read the second time.

Rep. Greenfield moved that SB 63 be amended as follows:

On page 3, line 24, of the House Education Committee engrossed bill, delete "dos" and insert "does".

Which motion prevailed.

The question being "Shall SB 63 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 182: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to dual education credit.

Was read the second time.

Rep. Johns moved that SB 182 be amended as follows:

On page 1 of the printed bill, remove the overstrikes from line 15.

On page 2, remove the overstrikes from line 1.

On page 2, delete line 2, and insert "section absent a showing of good cause.".

Which motion prevailed.

The question being "Shall SB 182 pass as amended?"

And the roll being called:

Yeas 66, Nays 4, Excused 0, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; 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:
Haggar (Don); Haggar (Jenna); Kaiser; 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.

SB 98: FOR AN ACT ENTITLED, An Act to allow certain municipalities to charge a higher occupational tax.

Was read the second time.

The question being "Shall SB 98 pass?"

And the roll being called:

Yeas 39, Nays 31, Excused 0, Absent 0

Yeas:
Bartling; Cammack; Cronin; Duvall; Erickson; Feickert; Feinstein; Gibson; Hajek; Hawks; Hawley; Heinert; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Lust; Magstadt; Mickelson; Munsterman; Otten (Herman); Parsley; Peterson; Rasmussen; Ring; Romkema; Rozum; Schaefer; Schoenfish; Schrempp; Soli; Stevens; Tulson; Tyler; Werner; Westra; Wismer; Speaker Gosch

Nays:
Anderson; Bolin; Campbell; Carson; Conzet; Craig; Dryden; Ecklund; Greenfield; Haggar (Don); Haggar (Jenna); Heinemann (Leslie); Hickey; Kaiser; Kopp; Langer; Latterell; May; Nelson; Novstrup (David); Olson (Betty); Qualm; Rounds; Russell; Sly; Solum; Stalzer; Steele; Verchio; Wick; Wink

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.

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

Was read the second time.

The question being "Shall SB 51 pass as amended?"

And the roll being called:

Yeas 56, Nays 14, Excused 0, Absent 0

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

Nays:
Carson; Gibson; Heinert; Kaiser; Killer; Kopp; May; Nelson; Olson (Betty); Rozum; Russell; Schrempp; Soli; 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.

SB 45: FOR AN ACT ENTITLED, An Act to revise the Real Estate Commission's grounds for disciplinary actions on home inspectors.

Was read the second time.

The question being "Shall SB 45 pass?"

And the roll being called:

Yeas 64, Nays 6, Excused 0, Absent 0

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

Nays:
Greenfield; Haggar (Jenna); Kaiser; May; Nelson; Stalzer

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 47: FOR AN ACT ENTITLED, An Act to establish new criteria for the certification, licensure, and registration of real estate appraisers.

Was read the second time.

The question being "Shall SB 47 pass?"

And the roll being called:

Yeas 62, Nays 8, Excused 0, Absent 0

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

Nays:
Campbell; Greenfield; Haggar (Jenna); Kaiser; Latterell; May; Nelson; Stalzer

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 48: FOR AN ACT ENTITLED, An Act to require appraisal management companies to maintain a surety bond or irrevocable letter of credit.

Was read the second time.

The question being "Shall SB 48 pass?"

And the roll being called:

Yeas 66, Nays 4, 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; Langer; Lust; Magstadt; 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:
Kaiser; Kopp; Latterell; May

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 4: FOR AN ACT ENTITLED, An Act to ensure notice to the respondent and opportunity for the respondent to be heard prior to enforcement of certain foreign domestic protection orders.

Was read the second time.

The question being "Shall SB 4 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 76: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the killing of mountain lions that threaten personal safety or property.

Was read the second time.

The question being "Shall SB 76 pass as amended?"

And the roll being called:

Yeas 33, Nays 35, Excused 2, Absent 0

Yeas:
Anderson; Bolin; Cammack; Conzet; Craig; Cronin; Duvall; Ecklund; Erickson; Greenfield; Haggar (Jenna); Heinemann (Leslie); Hoffman; Kaiser; Langer; Latterell; Magstadt; May; Mickelson; Munsterman; Nelson; Olson (Betty); Peterson; Qualm; Rasmussen; Rounds; Russell; Schoenfish; Stalzer; Steele; Werner; Westra; Wick

Nays:
Bartling; Campbell; Carson; Dryden; Feickert; Feinstein; Haggar (Don); Hajek; Hawks; Hawley; Heinert; Hickey; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Lust; Novstrup (David); Otten (Herman); Parsley; Ring; Romkema; Rozum; Schaefer; Schrempp; Sly; Soli; Solum; Stevens; Tulson; Tyler; Verchio; Wink; Wismer

Excused:
Gibson; Speaker Gosch

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

Rep. Olson announced her intention to reconsider the vote by which SB 76 lost.

Rep. Lust moved that SB 154, 152, 42, 43, and 150 be placed to precede SB 27 on today's calendar.

Which motion prevailed.

SB 154: FOR AN ACT ENTITLED, An Act to establish the Jolene's Law Task Force to study the impact of sexual abuse of children in this state and to make recommendations to the Legislature on policies to effectively address the issue.

Was read the second time.

The question being "Shall SB 154 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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

Excused:
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 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 second time.

The question being "Shall SB 152 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 two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SB 42: FOR AN ACT ENTITLED, An Act to authorize certain former state cement plant employees and surviving spouses to elect a lump sum trustee-to-trustee payment in lieu of monthly benefit payments.

Was read the second time.

The question being "Shall SB 42 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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

Excused:
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 43: FOR AN ACT ENTITLED, An Act to revise the calculation of disability benefits and certain benefits payable upon death of members of the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 43 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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

Excused:
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 150: FOR AN ACT ENTITLED, An Act to allow use of supraglottic airway devices by emergency medical technicians, and to declare an emergency.

Was read the second time.

The question being "Shall SB 150 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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

Excused:
Nelson

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.

Speaker Gosch now presiding.

Rep. Lust moved that SB 27, 31, 32, 17, 16, 20, 18, 15, 37, 38, 87, and 75 be deferred to Tuesday, March 4, the 30^th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 103.

Respectfully,
Jeannette Schipper, Secretary

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 1042, 1051, 1090, and 1157 were delivered to his Excellency, the Governor, for his approval at 10:15 a.m., March 3, 2014.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1043, 1091, 1151, and 1200 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1043: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the regulation of aeronautics.

HB 1091: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to adopt a property maintenance code.

HB 1151: FOR AN ACT ENTITLED, An Act to revise certain deadlines and offices regarding budgetary planning for municipalities.

HB 1200: FOR AN ACT ENTITLED, An Act to revise certain bank franchise tax provisions regarding net income and net operating losses.

SB 12: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the Board of Examiners of Counselors and Marriage and Family Therapists.

SB 29: FOR AN ACT ENTITLED, An Act to revise certain provisions in statute and administrative rules regarding the regulation of campgrounds and the license fee for campgrounds and to repeal administrative rules regulating primitive campgrounds, full-service campgrounds, limited service campgrounds, and temporary campgrounds.

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.

SB 55: FOR AN ACT ENTITLED, An Act to repeal the contractor's excise tax on certain new or expanded power production facilities.

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.

SB 64: FOR AN ACT ENTITLED, An Act to require a waiting period prior to the adoption of new uniform content standards and to provide for an opportunity for public comment for all new content standards.

SB 89: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the medical department of the National Guard.

SB 91: FOR AN ACT ENTITLED, An Act to revise certain licensure definitions and provide certain regulatory powers to municipalities.

SB 93: FOR AN ACT ENTITLED, An Act to define liquid natural gas, to revise certain provisions regarding the collection of the motor fuel tax, and to apply motor fuel tax to all fuels used to propel a motor vehicle.

SB 100: FOR AN ACT ENTITLED, An Act to provide for the filling of a vacancy if no person is elected to succeed an elected official in municipalities.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 4:57 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk