The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of
Allegiance led by House page Mary Martin.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-ninth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 3, 2014, I approved House Bills 1095, 1105, and
1135, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 22 and 104 and returns the same with the recommendation that said bills
do pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 161 and returns the same with the recommendation that said bill do pass
and be placed on the consent calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 122 and returns the same with the recommendation that said bill do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 24 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
The Committee on Local Government respectfully reports that it has had under
consideration SB 21 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
The Committee on Taxation respectfully reports that it has had under consideration SB 176
and returns the same with the recommendation that said bill be amended as follows:
" Section 1. That § 10-59-31 be amended to read as follows:
10-59-31. The secretary may reduce or abate the taxes, interest, and penalty relating to
certain transactions in cases where the taxpayer can show that there is widespread bonafide
misunderstanding of the application of the taxes to the transactions, and that the taxpayer made
a good faith effort to determine the taxability of the transactions through written
communications with the department. "
I have the honor to return herewith HB 1033, 1054, 1069, and 1185 which have been
amended by the Senate and your concurrence in the amendments is respectfully requested.
I have the honor to return herewith HB 1030, 1036, 1050, 1058, 1077, 1081, 1104, 1110,
1119, 1126, 1154, 1163, and 1167 which have passed the Senate without change.
Yesterday, Rep. Olson announced her intention to reconsider the vote by which SB 76 lost.
Rep. Olson moved that the House do now reconsider the vote by which SB 76 lost.
The question being on Rep. Olson's motion to reconsider the vote by which SB 76 lost.
And the roll being called:
Yeas 34, Nays 35, Excused 1, Absent 0
Yeas:
Anderson; Bolin; Cammack; Campbell; Craig; Ecklund; Greenfield; Haggar (Don); Haggar
(Jenna); Heinemann (Leslie); Hickey; Hoffman; Kaiser; Kopp; Langer; Latterell; May;
Mickelson; Munsterman; Nelson; Olson (Betty); Qualm; Rasmussen; Rounds; Russell;
Schaefer; Schoenfish; Stalzer; Steele; Tulson; Werner; Wick; Wink; Speaker Gosch
Nays:
Bartling; Carson; Conzet; Cronin; Dryden; Duvall; Erickson; Feickert; Feinstein; Hajek; Hawks;
Hawley; Heinert; Hunhoff (Bernie); Johns; Killer; Kirschman; Lust; Magstadt; Novstrup
(David); Otten (Herman); Parsley; Peterson; Ring; Romkema; Rozum; Schrempp; Sly; Soli;
Solum; Stevens; Tyler; Verchio; Westra; Wismer
Excused:
Gibson
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 the reports of the Standing Committees on
Appropriations on SB 28 as found on page 598 of the House Journal; also
Judiciary on SB 2 as found on page 599 of the House Journal; also
Judiciary on SB 3 as found on page 600 of the House Journal; also
Judiciary on SB 7 as found on page 600 of the House Journal; also
Judiciary on SB 163 as found on page 604 of the House Journal be adopted.
Which motion prevailed.
Rep. Hoffman requested that SB 183 be removed from the Consent Calendar.
Which request was granted.
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 second time.
The question being "Shall SB 82 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
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 97: FOR AN ACT ENTITLED, An Act to revoke professional or trade licensure
obtained through false degrees.
Was read the second time.
The question being "Shall SB 97 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 majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 77: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding county prisoners.
Was read the second time.
The question being "Shall SB 77 pass?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Nays:
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.
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 second time.
The question being "Shall SB 102 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; 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 majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 27: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources conservation fund to the State Conservation Commission and to declare an
emergency.
Was read the second time.
The question being "Shall SB 27 pass?"
And the roll being called:
Yeas 67, Nays 2, 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; 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
Excused:
Hickey
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 31: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain
family physicians who have complied with the requirements of the recruitment assistance
program and to declare an emergency.
Was read the second time.
The question being "Shall SB 31 pass?"
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Nays:
Nelson
Excused:
Bolin
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 32: FOR AN ACT ENTITLED, An Act to revise previous appropriations for National
Guard armory construction, to make an appropriation for a land purchase adjacent to the
Watertown armory, and to declare an emergency.
Was read the second time.
The question being "Shall SB 32 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; 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.
Which motion prevailed.
SB 75: FOR AN ACT ENTITLED, An Act to prohibit local governments from enacting,
maintaining, or enforcing regulations on certain dog breeds.
Was read the second time.
Rep. Gibson requested additional time to speak to SB 75.
Pursuant to Joint Rule 1-5, the Speaker announced that Rep. Gibson could not continue to
speak to SB 75 without the consent of the majority of the body.
Which request was not supported.
The question being "Shall SB 75 pass?"
And the roll being called:
Yeas 41, Nays 28, Excused 1, Absent 0
Yeas:
Campbell; Carson; Dryden; Duvall; Ecklund; Erickson; Feinstein; Gibson; Greenfield; Haggar
(Don); Haggar (Jenna); Hajek; Heinemann (Leslie); Hoffman; Johns; Kaiser; Killer; Latterell;
Lust; Magstadt; May; Nelson; Novstrup (David); Olson (Betty); Parsley; Peterson; Romkema;
Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Soli; Solum; Tulson; Tyler;
Verchio; Wick; Wink; Wismer
Excused:
Mickelson
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 9: FOR AN ACT ENTITLED, An Act to revise provisions related to the Interim
Appropriations Committee.
Was read the second time.
The question being "Shall SB 9 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;
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:
Mickelson
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 124: FOR AN ACT ENTITLED, An Act to revise certain reimbursement provisions
relating to legislators-elect and newly appointed legislators.
Was read the second time.
The question being "Shall SB 124 pass?"
And the roll being called:
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;
Munsterman; Nelson; Novstrup (David); Olson (Betty); Parsley; Peterson; Qualm; Rasmussen;
Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum;
Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Otten (Herman); Verchio
Excused:
Mickelson
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 SB 180 be deferred to Monday, March 10, the 33rd legislative day.
Which motion prevailed.
SJR 1: A JOINT RESOLUTION, Making formal application to Congress to lawfully
recognize the ratification of the 26th amendment of the United States Constitution, which
ensures the right to vote to all citizens over the age of eighteen.
Was read the second time.
The question being "Shall SJR 1 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;
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 resolution having received an affirmative vote of a majority of the members-elect,
the Speaker declared the resolution passed and the title was agreed to.
SB 84: FOR AN ACT ENTITLED, An Act to update certain statutes relating to notification
of certain transfers.
Was read the second time.
The question being "Shall SB 84 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;
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:
Mickelson
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 SB 94 and 141 be placed to follow SB 87 on today's calendar.
Which motion prevailed.
SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good
cause for voluntarily leaving employment.
Was read the second time.
The question being "Shall SB 69 pass as amended?"
And the roll being called:
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;
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:
Mickelson
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 186: FOR AN ACT ENTITLED, An Act to revise certain electronic driver license
renewal requirements and to authorize electronic upgrades of restricted minor's permits.
Was read the second time.
The question being "Shall SB 186 pass as amended?"
And the roll being called:
Yeas 63, Nays 6, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden;
Duvall; Ecklund; Erickson; Feickert; Feinstein; Greenfield; Haggar (Don); Haggar (Jenna);
Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns;
Kaiser; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Munsterman; Nelson;
Novstrup (David); Olson (Betty); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema;
Rounds; Rozum; Russell; Schaefer; Schrempp; Sly; Solum; Stalzer; Steele; Stevens; Tulson;
Tyler; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Gibson; Hajek; Otten (Herman); Schoenfish; Soli; Verchio
Excused:
Mickelson
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.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to inform your honorable body that HB 1078 and 1123 were lost on
second reading and final passage.
The Committee on Legislative Procedure respectfully reports that HB 1012, 1014, 1015,
1028, 1029, 1061, 1073, 1079, 1108, 1125, 1152, 1156, 1178, 1181, and 1198 were delivered
to his Excellency, the Governor, for his approval at 10:00 a.m., March 4, 2014.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1030, 1036, 1050, 1058, 1077, 1081, 1104, 1110,
1119, 1126, 1154, 1163, and 1167 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1030: FOR AN ACT ENTITLED, An Act to provide for the confidentiality of certain
evaluation data.
HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
billboard permitting process.
HB 1050: FOR AN ACT ENTITLED, An Act to revise certain enforcement actions by the
insurance director.
HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
application of railroad tax credits.
HB 1077: FOR AN ACT ENTITLED, An Act to enact the Uniform Real Property Transfer
on Death Act.
HB 1081: FOR AN ACT ENTITLED, An Act to revise the computation of the promotional
fee on wheat.
HB 1104: FOR AN ACT ENTITLED, An Act to allow local governing bodies to require
the payment for certain goods and services by electronic transaction.
HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
definition of a resident for the purposes of hunting, fishing, and trapping licenses.
HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
preliminary hearings for persons charged with class 1 misdemeanors.
HB 1126: FOR AN ACT ENTITLED, An Act to revise the persons authorized to
countersign school board payments.
HB 1154: FOR AN ACT ENTITLED, An Act to authorize the commissioner of school and
public lands to grant certain surface and subsurface easements to provide access to oil, gas,
minerals, and geothermal resources.
HB 1163: FOR AN ACT ENTITLED, An Act to authorize farm mutual insurers to invest
funds in certain stocks and market funds.
HB 1167: FOR AN ACT ENTITLED, An Act to allow schools to maintain a stock and to
administer epinephrine auto-injectors in certain cases.
SB 5: FOR AN ACT ENTITLED, An Act to permit the court reciprocal discretion to hear certain petitions for protection orders due to domestic abuse and for protection orders due to stalking or physical injury.
SB 71: FOR AN ACT ENTITLED, An Act to allow the contract for the publication of the
codified laws to be extended for more than one year.
SB 115: FOR AN ACT ENTITLED, An Act to provide for travel insurance and regulate
travel insurance retailers.
SB 151: FOR AN ACT ENTITLED, An Act to revise the appointment process for the State
Veterans Home superintendent.
And signed the same in the presence of the House.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:59 p.m. the House adjourned.