JOURNAL OF THE HOUSE

EIGHTY-NINTH SESSION

THIRTY-FOURTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 11, 2014

The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Father Michael Griffin, followed by the Pledge of Allegiance led by House pages Taylor Bergeson, Tanner Iwerks, and Dustin Wahl.

Roll Call: All members present except Rep. Kaiser who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-third 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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1046, 1063, 1071, 1161, and 1166 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1039, 1127, 1129, 1143, 1162, and 1177 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1029, 1030, and 1032 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1028 and 1031 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 6 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

Speaker Pro tempore Wink now presiding.

MOTIONS AND RESOLUTIONS

Rep. Gosch moved that the House do not concur in Senate amendments to HB 1177 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, Cronin, and Peterson.

Speaker Gosch now presiding.

SCR 6: A CONCURRENT RESOLUTION, Expressing the Legislature's support for citizens and communities in eastern South Dakota impacted by severe high water conditions over the last two decades.

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Johns moved that the report of the Conference Committee on HB 1069 as found on page 693 of the House Journal be adopted.

The question being on Rep. Johns' motion that the report of the Conference Committee on HB 1069 be adopted.

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; 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; 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:
Latterell; Nelson

Excused:
Campbell; Kaiser

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

Speaker Pro tempore Wink now presiding.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 108 as found on page 677 of the House Journal; also

State Affairs on SB 168 as found on page 678 of the House Journal; also

Judiciary on SB 65 as found on page 691 of the House Journal; also

Judiciary on SB 90 as found on page 691 of the House Journal; also

Judiciary on SB 113 as found on page 693 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 172: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to services performed by dental hygienists.

Was read the second time.

The question being "Shall SB 172 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; 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; 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:
Campbell; Kaiser

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 158, 44, and 157 be placed to follow SB 107 on today's calendar.

Which motion prevailed.

SB 106: FOR AN ACT ENTITLED, An Act to identify criteria to deny a minor boundary change.

Was read the second time.

Rep. Johns moved that SB 106 be laid on the table.

The question being on Rep. Johns' motion that SB 106 be laid on the table.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; 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; 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:
Campbell; Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 106 was tabled.

Rep. May moved that SB 46 be placed to follow SB 113 on today's calendar.

Which motion prevailed.

Rep. Lust moved that SB 143 be placed to follow SB 157 on today's calendar.

Which motion prevailed.

SB 108: FOR AN ACT ENTITLED, An Act to establish the Autism Spectrum Disorder workgroup to study the impact of autism spectrum disorder on children in this state and to make recommendations to the Legislature on policies to effectively address the issue.

Was read the second time.

108jd

Rep. Munsterman moved that SB 108 be amended as follows:

On page 3, line 6, of the House State Affairs Committee engrossed bill, after "disorder" insert "including the cost of requiring insurance plans to cover the screening, diagnosis, and treatment of autism spectrum disorder for children".

On page 3, after line 9, insert:

" Section 5. The ASD workgroup may contract with a consultant for the study required pursuant to this Act. The consultant must have demonstrated expertise in autism spectrum disorder and in evaluating the issues relating to the insurance coverage for the treatment of autism spectrum disorder for children.

Section 6. Any agency of the state or any organization that has a contract with the state shall cooperate with the ASD workgroup or its consultant for the purpose of providing facts, figures, data, projections, and other information needed to complete the study.".

Which motion prevailed.

The question being "Shall SB 108 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; 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; 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:
Campbell; Kaiser

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 168: FOR AN ACT ENTITLED, An Act to authorize criminal background checks for certain officers and employees of the Governor's Office of Economic Development.

Was read the second time.

The question being "Shall SB 168 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Carson; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); 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; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Craig; Haggar (Jenna)

Excused:
Campbell; Kaiser

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 65: FOR AN ACT ENTITLED, An Act to revise and clarify voter eligibility for road district elections.

Was read the second time.

65sa

Rep. Johns moved that SB 65 be amended as follows:

On page 4, line 1, of the House Judiciary Committee engrossed bill, after "." insert "However, if more than one person holds an interest in a lot, tract, or parcel of land, no more

than one vote may be cast in any election with respect to any one lot, tract, or parcel of land, as the owners may among themselves determine.".

On page 4, line 6, delete "both the landowner and".

On page 4, line 7, delete "are treated as landowners" and insert "is treated as the landowner".

Which motion prevailed.

The question being "Shall SB 65 pass as amended?"

And the roll being called:

Yeas 56, Nays 12, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kopp; Langer; Latterell; 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; Tyler; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Feinstein; Hawks; Killer; Kirschman; Parsley; Peterson; Ring; Russell; Schrempp; Soli; Verchio; Wismer

Excused:
Campbell; Kaiser

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 90: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the High School Activities Association.

Was read the second time.

90tf

Rep. Gosch moved that SB 90 be amended as follows:

On page 2, line 5, of the House Judiciary Committee engrossed bill, delete "Any such" and insert "The".

On page 2, line 5, after "1-27" insert ". However, any such association, and its employees, meetings, and records, are afforded the same exemptions and protections as a political subdivision or public body is provided under chapter 1-25 and chapter 1-27".

On page 2, line 7, delete "Any such" and insert "The".

On page 3, delete lines 3 to 24, inclusive.

On page 4, delete lines 1 to 20, inclusive.

Which motion prevailed.

The question being "Shall SB 90 pass as amended?"

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

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

Nays:
Heinert; Hunhoff (Bernie); Killer; Kirschman; Olson (Betty); Schrempp

Excused:
Campbell; Kaiser

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

Speaker Gosch now presiding.

SB 113: FOR AN ACT ENTITLED, An Act to revise the minimum suspension requirements for students participating in extracurricular activities.

Was read the second time.

The question being "Shall SB 113 pass as amended?"

And the roll being called:

Yeas 48, Nays 20, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Cammack; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hunhoff (Bernie); Johns; Killer; Kirschman; Langer; Lust; Magstadt; May; Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Steele; Stevens; Tyler; Werner; Westra; Wink; Wismer

Nays:
Bolin; Carson; Conzet; Greenfield; Haggar (Jenna); Hoffman; Kopp; Latterell; Mickelson; Nelson; Olson (Betty); Qualm; Rasmussen; Russell; Solum; Stalzer; Tulson; Verchio; Wick; Speaker Gosch

Excused:
Campbell; Kaiser

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 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding animal welfare and to provide a felony penalty for cruelty to animals.

Was read the second time.

46ra

Rep. May moved that SB 46 be amended as follows:

On page 4, line 10, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "officer" overstrike "," and insert "or".

On page 4, line 10, after "board," overstrike "or agent or officer of any".

On page 4, line 11, overstrike "humane society".

On page 6, line 13, after "officer" overstrike ",".

On page 6, line 14, overstrike "any agent or officer of any humane society,".

On page 10, delete lines 3 to 10, inclusive, and insert:

" Section 22. That § 40-2-1 be repealed.

40-2-1. Any three or more citizens of this state organized as a nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this chapter through an animal control officer subject to the limitations in §§ 40-2-6 and 40-2-7. The board of county commissioners in each county may grant authority to exercise the privileges and authority granted by this section to one or more qualified nonprofit corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter. ".

Rep. Latterell called for a division of the House.

The Speaker declared that Rep. May's motion lost.

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall SB 46 pass as amended?"

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

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

Nays:
Campbell; Cronin; Ecklund; Greenfield; Haggar (Jenna); Kopp; Latterell; May; Nelson; Olson (Betty); Otten (Herman); Russell; Steele; Verchio; Speaker Gosch

Excused:
Kaiser

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 177, 53, 28, and 94 be placed to follow SB 20 on today's calendar.

Which motion prevailed.

SB 20: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish buildings on the campus of South Dakota State University and to make an appropriation therefor.

Was read the second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 20 pass?"

And the roll being called:

Yeas 64, Nays 4, Excused 2, 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; Kirschman; Kopp; Langer; Latterell; 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; Steele; Stevens; Tulson; Tyler; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Nelson; Olson (Betty); Verchio; Werner

Excused:
Kaiser; Killer

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.

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 2.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1069.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1169 and 1099 were lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Vehle, Tieszen, and Omdahl as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1177.

Respectfully,
Jeannette Schipper, Secretary

Rep. Lust moved that the House do now recess until 1:30 p.m., which motion prevailed and at 12:08 p.m., the House recessed.

RECESS

The House reconvened at 1:30 p.m., the Speaker presiding.

MOTIONS AND RESOLUTIONS

Rep. Hickey moved that the House do concur in Senate amendments to HB 1127.

The question being on Rep. Hickey's motion that the House do concur in Senate amendments to HB 1127.

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; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Novstrup (David); Olson (Betty); 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:
Greenfield; Killer; Langer; Nelson; Otten (Herman); Russell

Excused:
Kaiser

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that SB 158, 44, 157, and 143 be placed to precede SB 177 on today's calendar.

Which motion prevailed.

Rep. Lust moved that SB 158 be placed to follow SB 157 on today's calendar.

Which motion prevailed.

SB 44: FOR AN ACT ENTITLED, An Act to create a provider revolving loan fund for skilled nursing facilities in the Department of Social Services, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

Rep. Romkema moved that SB 44 be laid on the table.

The question being on Rep. Romkema's motion that SB 44 be laid on the table.

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

Yeas:
Anderson; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Johns; Killer; Kirschman; Kopp; Langer; Latterell; Lust; May; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Qualm; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Bartling; Feinstein; Gibson; Hunhoff (Bernie); Magstadt; Nelson; Otten (Herman); Parsley; Peterson; Rasmussen; Rozum; Schrempp; Soli; Tyler; Wismer

Excused:
Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 44 was tabled.

SB 157: FOR AN ACT ENTITLED, An Act to make an appropriation to the building South Dakota fund and to declare an emergency.

Was read the second time.

157sa

Rep. Rounds moved that SB 157 be amended as follows:

On page 1, line 5 of the Senate engrossed bill, after "Dakota" insert "fund.".

On page 1, delete lines 6 to 9, inclusive.

On page 1, delete line 10, and insert "Section 2. Subject to the purposes listed in subdivisions 1-16G-48(1) to (5), inclusive, no more than ten million dollars from the money appropriated in section 1 of this Act".

Which motion prevailed.

The question being "Shall SB 157 pass as amended?"

And the roll being called:

Yeas 63, Nays 6, Excused 1, Absent 0

Yeas:
Bartling; Bolin; Cammack; 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; May; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Anderson; Campbell; Kopp; Latterell; Nelson; Russell

Excused:
Kaiser

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 158: FOR AN ACT ENTITLED, An Act to revise certain funding provisions of the building South Dakota fund.

Was read the second time.

The question being "Shall SB 158 pass as amended?"

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

Yeas:
Anderson; Bolin; Cammack; Carson; Conzet; Craig; 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; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer

Nays:
Bartling; Campbell; Kopp; Nelson; Russell; Speaker Gosch

Excused:
Cronin; Kaiser

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 143: FOR AN ACT ENTITLED, An Act to provide for a civil remedy for a bad faith assertion of patent infringement.

Was read the second time.

143oa

Rep. Conzet moved that SB 143 be amended as follows:

On page 5, after line 9 of the Senate engrossed bill, insert:

" Section 9. This Act does not apply to any demand letter sent by:

(1) Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation;

(2) Any owner of the patent who is using the patent in connection with the production, manufacturing, processing, or delivery of products or materials;

(3) Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) as of January 1, 2014; or

(4) Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.".

Which motion prevailed.

The question being "Shall SB 143 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; 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; 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:
Feinstein

Excused:
Cronin; Kaiser; 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 141 be placed to follow SB 107 on today's calendar.

Which motion prevailed.

Rep. Lust moved that SB 177, 53, 28, and 94 be placed to follow SB 18 on today's calendar.

Which motion prevailed.

SB 37: FOR AN ACT ENTITLED, An Act to revise the state aid to general education formula.

Was read the second time.

The question being "Shall SB 37 pass?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert; 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; 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:
Feinstein; Russell

Excused:
Cronin; Kaiser; 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 38: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

Was read the second time.

The question being "Shall SB 38 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; 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; 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:
Cronin; Kaiser

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 18: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a greenhouse on the campus of Northern State University and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 18 pass?"

And the roll being called:

Yeas 60, Nays 8, Excused 2, Absent 0

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

Nays:
Campbell; Craig; Ecklund; Haggar (Don); Kopp; Olson (Betty); Russell; Verchio

Excused:
Cronin; Kaiser

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.

Rep. Lust moved that the House do now recess until 3:30 p.m., which motion prevailed and at 2:37 p.m., the House recessed.

RECESS

The House reconvened at 3:30 p.m., the Speaker presiding.

There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Rep. Romkema moved that the House do concur in Senate amendments to HB 1039.

The question being on Rep. Romkema's motion that the House do concur in Senate amendments to HB 1039.

And the roll being called:

Yeas 66, Nays 2, Excused 2, 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; Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Nelson; Russell

Excused:
Kaiser; Mickelson

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

Rep. Kopp moved that the House do concur in Senate amendments to HB 1129.

The question being on Rep. Kopp's motion that the House do concur in Senate amendments to HB 1129.

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; 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; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Greenfield; Latterell; Nelson; Russell

Excused:
Kaiser

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

Rep. Greenfield moved that the House do concur in Senate amendments to HB 1143.

Rep. Wismer moved as a substitute motion that the House do not concur in Senate amendments to HB 1143 and that no committee be appointed.

The question being on Rep. Wismer's substitute motion that the House do not concur in Senate amendments to HB 1143 and that no committee be appointed.

And the roll being called:

Yeas 21, Nays 48, Excused 1, Absent 0

Yeas:
Bartling; Feickert; Feinstein; Gibson; Hajek; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; May; Munsterman; Parsley; Peterson; Ring; Schrempp; Soli; Steele; Tyler; Wismer

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

Excused:
Kaiser

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

Rep. Wismer moved as a substitute motion that the House do not concur in Senate amendments to HB 1143 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion lost.

The question being on Rep. Greenfield's motion that the House do concur in Senate amendments to HB 1143.

And the roll being called:

Yeas 51, Nays 18, Excused 1, Absent 0

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

Nays:
Bartling; Ecklund; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; May; Munsterman; Parsley; Ring; Schrempp; Soli; Wismer

Excused:
Kaiser

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

Rep. Jenna Haggar moved that the House do concur in Senate amendments to HB 1162.

Rep. Gibson moved as a substitute motion that the House do not concur in Senate amendments to HB 1162 and that no committee be appointed.

The question being on Rep. Gibson's substitute motion that the House do not concur in Senate amendments to HB 1162 and that no committee be appointed.

And the roll being called:

Yeas 11, Nays 58, Excused 1, Absent 0

Yeas:
Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Parsley; Schrempp; Soli; Wismer

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

Excused:
Kaiser

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

The question being on Rep. Jenna Haggar's motion that the House do concur in Senate amendments to HB 1162.

And the roll being called:

Yeas 59, Nays 10, Excused 1, Absent 0

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

Nays:
Feinstein; Gibson; Hawks; Heinert; Hunhoff (Bernie); Killer; Parsley; Schrempp; Soli; Wismer

Excused:
Kaiser

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

Rep. Nelson moved that the House do not concur in Senate amendments to HCR 1028 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Russell, Nelson, and Kirschman.

Rep. May moved that the House do concur in Senate amendments to HCR 1031.

The question being on Rep. May's motion that the House do concur in Senate amendments to HCR 1031.

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; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Killer; Rozum

Excused:
Kaiser

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

SCR 6: A CONCURRENT RESOLUTION, Expressing the Legislature's support for citizens and communities in eastern South Dakota impacted by severe high water conditions over the last two decades.

Rep. Wismer moved that SCR 6 as found on pages 498 and 547 of the Senate Journal be concurred in as amended.

The question being on Rep. Wismer's motion that SCR 6 be concurred in 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; 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:
Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 6 was concurred in as amended.

Rep. Wink moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on Wednesday, March 12, the 35^th legislative day.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that SB 177 be placed to follow SB 141 on today's calendar.

Which motion prevailed.

SB 53: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the New South Dakotans and Dakota Roots programs and to declare an emergency.

Was read the second time.

53ma

Rep. Lust moved that SB 53 be amended as follows:

On the House Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. There is hereby appropriated from the general fund, the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the South Dakota Board of Water and Natural Resources for the purpose of providing advance federal funds for the construction of the facilities included in the Lewis and Clark Rural Water System as authorized in

§ 46A-1-13.10. Funds shall be provided according to terms and conditions established by the Board of Water and Natural Resources.

Section 2. The secretary of the Department of Environment and Natural Resources shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 1 of this Act.

Section 3. There is hereby appropriated from the general fund, the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, to the Governor's Office of Economic Development for the purpose of funding the Readiness and Environmental Protection and Integration (REPI) buffer program at Ellsworth Air Force Base.

Section 4. The commissioner of the Governor's Office of Economic Development shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 3 of this Act.

Section 5. There is hereby appropriated from the general fund, the sum of four hundred sixty-four thousand dollars ($464,000), or so much thereof as may be necessary, to the Board of Regents for the purpose of funding a shale research facility at the South Dakota School of Mines and Technology.

Section 6. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 5 of this Act.

Section 7. There is hereby appropriated from the general fund the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, to the state aeronautics fund for the purposes of airport improvements.

Section 8. The secretary of the Department of Transportation shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 7 of this Act.

Section 9. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2015, shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 10. 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."

Rep. Greenfield called for a division of the House.

The Speaker declared Rep. Lust's motion prevailed.

The question being "Shall SB 53 pass as amended?"

And the roll being called:

Yeas 42, Nays 27, Excused 1, Absent 0

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

Nays:
Bartling; Campbell; Craig; Ecklund; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; Kopp; May; Nelson; Parsley; Peterson; Qualm; Ring; Russell; Schrempp; Soli; Tyler; Verchio; Werner; Wismer

Excused:
Kaiser

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

Rep. Lust announced his intention to reconsider the vote by which SB 53 lost.

SB 28: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to mountain pine beetle suppression and to declare an emergency.

Was read the second time.

28mc

Rep. Dryden moved that SB 28 be amended as follows:

On page 1, line 4, of the House Appropriations Committee engrossed bill, delete "one dollar ($1)," and insert "one million nine hundred fifty thousand dollars ($1,950,000),".

Which motion prevailed.

The question being "Shall SB 28 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

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

Nays:
Feinstein; Nelson; Wismer

Excused:
Kaiser

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 94: FOR AN ACT ENTITLED, An Act to appropriate money in order to fund the fiscal year 2014 health insurance shortfall for Board of Regents employees compensated from tuition, fees, and other funds, and to declare an emergency.

Was read the second time.

Rep. Cronin moved that SB 94 be laid on the table.

The question being on Rep. Cronin's motion that SB 94 be laid on the table.

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; 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:
Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 94 was tabled.

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

Was read the second time.

The question being "Shall SB 15 pass as amended?"

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Bolin; Cammack; 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; Langer; Lust; Magstadt; May; Mickelson; Munsterman; Novstrup (David); 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:
Campbell; Hickey; Kopp; Latterell; Nelson; Olson (Betty); Russell

Excused:
Kaiser

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.

Rep. Lust moved that the House do now recess until 5:30 p.m., which motion prevailed and at 5:11 p.m., the House recessed.

RECESS

The House reconvened at 5:30 p.m., the Speaker presiding.

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 HB 1145 was tabled.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Sutton, Lederman, and Tieszen as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HCR 1028.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

Rep. Lust moved that the House do now reconsider the vote by which SB 53 lost.

The question being on Rep. Lust's motion to reconsider the vote by which SB 53 lost.

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

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

Nays:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; Nelson; Parsley; Peterson; Ring; Russell; Schrempp; Soli; Tyler; Wismer

Excused:
Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 53 was up for reconsideration and final passage.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 53: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the New South Dakotans and Dakota Roots programs and to declare an emergency.

Having had its second reading was up for reconsideration and final passage.

Rep. Munsterman moved the previous question.

Which motion prevailed.

The question being "Shall SB 53 pass as amended?"

And the roll being called:

Yeas 49, Nays 20, Excused 1, Absent 0

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

Nays:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer; Kirschman; May; Nelson; Parsley; Peterson; Ring; Russell; Schrempp; Soli; Tyler; Wismer

Excused:
Kaiser

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

The question being on the title.

53fta

Rep. Lust moved that the title to SB 53 be amended as follows:

On page 1, line 1, of the House Appropriations Committee engrossed bill, delete everything after "make" and insert "appropriations to fund certain programs and projects that provide economic benefits to South Dakotans and to declare an emergency.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

SB 137: FOR AN ACT ENTITLED, An Act to make an appropriation to rehabilitate certain state-owned rail lines and to declare an emergency.

Was read the second time.

Rep. Lust moved that SB 137 be laid on the table.

The question being on Rep. Lust's motion that SB 137 be laid on the table.

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Anderson; 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; 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:
Bartling; Kopp; Nelson

Excused:
Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 137 was tabled.

SB 107: FOR AN ACT ENTITLED, An Act to accommodate legislation on the state aid to education formula and to make an appropriation therefor.

Was read the second time.

Rep. Cronin moved that SB 107 be laid on the table.

The question being on Rep. Cronin's motion that SB 107 be laid on the table.

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Anderson; 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; 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; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Bartling; Hunhoff (Bernie)

Excused:
Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 107 was tabled.

SB 141: FOR AN ACT ENTITLED, An Act to make an appropriation to fund certain scholarship programs and to declare an emergency.

Was read the second time.

Rep. Bartling moved that SB 141 be laid on the table.

The question being on Rep. Bartling's motion that SB 141 be laid on the table.

And the roll being called:

Yeas 64, Nays 5, Excused 1, Absent 0

Yeas:
Anderson; 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; Johns; Killer; Kirschman; Kopp; Langer; Latterell; Lust; Magstadt; May; Mickelson; Munsterman; 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; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch

Nays:
Bartling; Hunhoff (Bernie); Nelson; Ring; Wismer

Excused:
Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 141 was tabled.

SB 177: FOR AN ACT ENTITLED, An Act to make an appropriation to provide contingency funds to be made available for unanticipated costs related to inmate health care and health insurance for state employees, and to declare an emergency.

Was read the second time.

177hc

Rep. Lust moved that SB 177 be amended as follows:

On page 1, line 5, of the House Appropriations Committee engrossed bill, delete "ten" and insert "sixteen".

On page 1, line 6, delete "($10,000,000)" and insert "($16,000,000)".

On page 1, line 6, delete everything after "and" .

On page 1, line 7, delete everything before "of" and insert "seventeen million four hundred sixteen thousand eight hundred seventy-six dollars ($17,416,876)".

Which motion prevailed.

The question being "Shall SB 177 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, 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; 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:
Latterell

Excused:
Kaiser

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.

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 the Office of Engrossing and Enrolling has carefully compared HB 1046, 1063, 1071, 1087, 1100, 1113, 1161, and 1166 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licenses issued by the State Plumbing Commission and the fees that may be set by the commission.

HB 1063: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to jury selection.

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

HB 1087: FOR AN ACT ENTITLED, An Act to change how rural fire protection districts conduct elections.

HB 1100: FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo monitoring devices to detect red light violations.

HB 1113: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

HB 1161: FOR AN ACT ENTITLED, An Act to establish a cause of action for wrongful human trafficking.

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

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 6:23 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk