House of Representatives Journal 1/28/2015 02:00 PM

JOURNAL OF THE HOUSE

NINETIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 28, 2015

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 Bryce Engbarth.

Roll Call: All members present except Rep. Schaefer 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 tenth 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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 35 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1086 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1073 and 1074 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1076 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
G. Mark Mickelson, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1085 and 1088 and SB 31 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 Commerce and Energy respectfully reports that it has had under consideration HB 1052 and returns the same with the recommendation that said bill be amended as follows:

On page 14, line 15, of the printed bill, after "modification" delete "or" and insert "of".

On page 13, line 10 of the printed bill, delete "and".

On page 13, line 15, delete "." and insert "; and".

On page 13, between lines 15 and 16, insert:

" (3) May receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information from the NAIC and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.".

On page 13, line 17, before "." insert ", and the director is solely responsible for the administration, execution, and enforcement of the provisions of this chapter".

On page 20, line 23, after "subpoena," insert "open records laws,".

On page 21, delete lines 10 to 21, inclusive, and insert:

" 58-5A-41. All information, documents, and copies thereof obtained by or disclosed to the director or any other person in the course of an examination or investigation made pursuant to this chapter shall be given confidential treatment and shall not be subject to subpoena and shall not be made public by the director or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the director, after giving the insurer and its affiliates who would be affected thereby, notice and opportunity to be heard, determines that the interests of policyholders, shareholders or the public will be served by the publication thereof, in which event he may publish all or any part thereof in such manner as he may deem appropriate. Documents, materials, or other information including filings in the possession or control of the Division of Insurance that are obtained by or disclosed to the director or any other person in the course of an examination or investigation made pursuant to this chapter and all information reported pursuant to this chapter shall be confidential by law and privileged, are not subject to open records, freedom of information, sunshine, or other related laws, are not subject to subpoena, and are not subject to discovery or

admissible in evidence in any private civil action. However, the director is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the director's official duties. The director may not otherwise make the documents, materials, or other information public without the prior written consent of the insurer to which it pertains unless the director, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in which event the director may publish all or any part in such manner as may be deemed appropriate.

Section 28.That chapter 58-5A be amended by adding thereto a NEW SECTION to read as follows:

No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information may occur as a result of disclosure to the director pursuant to this section or as a result of sharing as authorized pursuant to this chapter.".

On page 8, line 18, of the printed bill, delete "is responsible for and".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 12, of the printed bill, overstrike "52-5-20,".

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

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 9, 10, 21, and 60 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1005 Introduced by: Representatives Stalzer and Latterell and Senators Haggar (Jenna) and Olson

A CONCURRENT RESOLUTION, Urging Congress to propose the regulation freedom amendment to the United States Constitution.

WHEREAS, the growth and abuse of federal regulatory authority threatens our constitutional liberties, including those guaranteed by the Bill of Rights in the first, second, fourth, and fifth amendments of our Constitution; and

WHEREAS, federal regulators must be more accountable to elected representatives of the people and not immune from such accountability; and

WHEREAS, the United States House of Representatives has passed with bipartisan support the REINS ACT to require that Congress approve major new federal regulations before they can take effect; and

WHEREAS, even if enacted, a law may be repealed or waived by a future Congress and President; and

WHEREAS, an amendment to the United States Constitution does not require the President's approval and cannot be waived by a future Congress and President:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninetieth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the United States Congress to vote to propose the regulation freedom amendment to the United States Constitution providing that whenever one quarter of the members of the United States House of Representatives or the United States Senate transmits to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House of Representatives and the Senate to adopt that regulation; and

BE IT FURTHER RESOLVED, that the secretary of state transmit copies of this resolution to each member of the South Dakota congressional delegation, the Speaker of the House of Representatives, and the President of the Senate of every state legislature in the United States.

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

SCR 1: A CONCURRENT RESOLUTION, Commending the improvements to health care in South Dakota achieved by the system of care established by the community-based Mission: Lifeline initiative.

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

Rep. Gosch moved that HB 1090 be referred from the Committee on Commerce and Energy to the Committee on Local Government.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1055 as found on page 175 of the House Journal; also

Agriculture and Natural Resources on HB 1056 as found on page 175 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

The following bills were read on Tuesday, January 27, and today the Speaker assigned these bills to committee.

HB 1126 was referred to the Committee on Commerce and Energy.

HB 1127 was referred to the Committee on State Affairs.

HB 1128 was referred to the Committee on Commerce and Energy.

HB 1129 was referred to the Committee on Judiciary.

HB 1130 was referred to the Committee on Health and Human Services.

HB 1131 was referred to the Committee on Transportation.

HB 1132 was referred to the Committee on Commerce and Energy.

HB 1133 was referred to the Committee on Commerce and Energy.

HB 1134 Introduced by: Representatives Kaiser, Haugaard, Johns, and Schoenbeck and Senator Rusch

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the expungement of arrest records.

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

HB 1135 Introduced by: Representatives Anderson, Hawley, and Willadsen and Senators Peters and Heinert

FOR AN ACT ENTITLED, An Act to expand certain bonding provisions regarding local government officials and employees.

Was read the first time and referred to the Committee on Local Government.

HB 1136 Introduced by: Representatives Marty, Brunner, May, Rounds, Schrempp, and Verchio and Senators Olson, Ewing, and Heinert

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the administration of unlocatable mineral, leasehold, or royalty interests.

Was read the first time and referred to the Committee on Local Government.

HB 1137 Introduced by: Representatives Sly, Bolin, and Duvall and Senators Tidemann and Tieszen

FOR AN ACT ENTITLED, An Act to exclude the passing time between classes in the number of hours required in the school term for secondary students.

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

HB 1138 Introduced by: Representatives Werner, Anderson, Bolin, Hawks, Heinemann (Leslie), Hickey, Holmes, Kirschman, Latterell, McCleerey, Mickelson, Munsterman, Partridge, Rasmussen, Ring, Rozum, Schaefer, Schoenfish, Soli, Tulson, Willadsen, and Zikmund and Senators Lederman, Frerichs, and Omdahl

FOR AN ACT ENTITLED, An Act to revise the penalty for the failure to wear a properly adjusted and fastened safety seat belt system in a passenger vehicle.

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

HB 1139 Introduced by: Representatives Campbell and Hawks and Senators Tieszen, Ewing, Heinert, and Sutton

FOR AN ACT ENTITLED, An Act to revise certain procedures for competitive sealed bids by public purchasing agencies.

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

HB 1140 Introduced by: Representatives Gibson, Hawks, and Kaiser and Senators Buhl O'Donnell, Bradford, Heinert, Hunhoff (Bernie), and Sutton

FOR AN ACT ENTITLED, An Act to increase the crimes and lookback period to enhance the penalty for violating a protection order.

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

HB 1141 Introduced by: Representatives Gibson, Hawks, and Kaiser and Senators Buhl O'Donnell, Bradford, Heinert, Hunhoff (Bernie), and Sutton

FOR AN ACT ENTITLED, An Act to revise and increase the penalty for multiple simple assaults over a ten-year period.

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

HB 1142 Introduced by: Representatives Gibson, Bordeaux, Feickert, Haugaard, Hawks, Johns, Kaiser, Killer, May, and Stevens and Senators Buhl O'Donnell, Bradford, Curd, Heinert, Hunhoff (Bernie), Peters, and Sutton

FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the age requirements for sex offender registry registration.

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

HB 1143 Introduced by: Representatives Gibson and Hawks and Senators Buhl O'Donnell, Bradford, Heinert, Hunhoff (Bernie), and Sutton

FOR AN ACT ENTITLED, An Act to increase the criminal violations that are subject to protection orders.

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

HB 1144 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal and revise certain unnecessary and outdated provisions related to state affairs and government.

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

HB 1145 Introduced by: Representatives Gosch, Bartling, Gibson, Haggar (Don), Hawley, Langer, Mickelson, Westra, and Wink and Senators Rave, Brown, Frerichs, Heineman (Phyllis), and Lederman

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of salary and compensation to legislators.

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

HB 1146 Introduced by: Representatives Qualm, Feickert, Haugaard, Klumb, Otten (Herman), Rasmussen, Schoenfish, Stevens, Verchio, and Zikmund and Senators Van Gerpen, Cammack, Ewing, Heinert, Jensen (Phil), Monroe, and Sutton

FOR AN ACT ENTITLED, An Act to limit who may request to see a person's hunting or fishing license.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1147 Introduced by: The Committee on Education at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to increase the amounts of the annual awards given to recipients of the South Dakota opportunity scholarship.

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

HB 1148 Introduced by: Representative Sly and Senator Peters

FOR AN ACT ENTITLED, An Act to require that the annual report of a school district contain certain information regarding school district fund balances.

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

HB 1149 Introduced by: Representatives Bolin, Bartling, Cronin, Dryden, Gosch, Haggar (Don), Hawley, Hunt, Langer, Mickelson, Romkema, Stevens, and Westra and Senators Novstrup (David), Frerichs, Holien, Lederman, Peters, Rave, and Tidemann

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the setting of the salary of legislators.

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

HB 1150 Introduced by: Representatives Bolin, Bartling, Cronin, Dryden, Gosch, Haggar (Don), Hawley, Hunt, Langer, Latterell, Mickelson, Romkema, Stevens, and Westra and Senators Novstrup (David), Frerichs, Holien, Lederman, Peters, Rave, and Tidemann

FOR AN ACT ENTITLED, An Act to provide for the annual adjustment of the salary of legislators.

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

HB 1151 Introduced by: Representatives Bolin and Gibson and Senators Olson and Buhl O'Donnell

FOR AN ACT ENTITLED, An Act to improve public safety through confidential stress management services for emergency service providers.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1152 Introduced by: Representatives McCleerey, Brunner, Campbell, DiSanto, Greenfield (Lana), Harrison, Haugaard, Kaiser, Klumb, Marty, May, Rasmussen, Tulson, Verchio, Wiik, and Zikmund and Senators Olson, Bradford, Brown, Frerichs, Greenfield (Brock), Heinert, Jensen (Phil), Peterson (Jim), Rave, and Sutton

FOR AN ACT ENTITLED, An Act to limit the terms of certain conservation easements.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1165 Introduced by: Representatives Munsterman, Conzet, and Otten (Herman) and Senators Tidemann, Ewing, and Holien

FOR AN ACT ENTITLED, An Act to revise the composition requirement of the Historic Preservation Commission.

Was read the first time.

HB 1166 Introduced by: Representatives Munsterman, Bolin, Brunner, Cronin, Deutsch, Dryden, Duvall, Gosch, Haggar (Don), Hawks, Hawley, Heinemann (Leslie), Hickey, Jensen (Alex), Johns, Killer, Kirschman, McCleerey, Partridge, Peterson (Kent), Rasmussen, Schrempp, Stevens, Verchio, Wink, and Zikmund and Senators Tidemann, Curd, Haverly, Heinert, Hunhoff (Bernie), Rusch, Soholt, Solano, Tieszen, and White

FOR AN ACT ENTITLED, An Act to prohibit the use of tanning devices by minors.

Was read the first time.

HB 1167 Introduced by: Representatives Westra, Brunner, Conzet, Dryden, Duvall, Gosch, Haggar (Don), Hunt, Langer, Partridge, Verchio, and Willadsen and Senators Rave, Heineman (Phyllis), Jensen (Phil), Lederman, Peters, Tidemann, and Tieszen

FOR AN ACT ENTITLED, An Act to authorize municipalities, counties, and school districts to post certain information on the internet in addition to or in lieu of certain publication requirements.

Was read the first time.

HB 1168 Introduced by: Representative Westra and Senator Rave

FOR AN ACT ENTITLED, An Act to revise alcoholic beverage licensing.

Was read the first time.

HB 1169 Introduced by: Representative Westra and Senator Lederman

FOR AN ACT ENTITLED, An Act to accommodate legislation on medical services.

Was read the first time.

HB 1170 Introduced by: Representative Westra and Senator Lederman

FOR AN ACT ENTITLED, An Act to accommodate legislation relating to education in South Dakota.

Was read the first time.

HB 1171 Introduced by: Representative Westra and Senator Lederman

FOR AN ACT ENTITLED, An Act to enhance South Dakota.

Was read the first time.

HJR 1003 Introduced by: Representatives Mickelson, Anderson, Bartling, Beal, Bolin, Brunner, Conzet, DiSanto, Dryden, Duvall, Haggar (Don), Heinemann (Leslie), Hunhoff (Jean), Hunt, Jensen (Alex), Klumb, Langer, Otten (Herman), Partridge, Rozum, Schoenbeck, Sly, Solum, Stalzer, Stevens, Westra, Willadsen, Wink, and Zikmund and Senators Rave, Brown, Haverly, Heineman (Phyllis), Holien, Lederman, Omdahl, Otten (Ernie), Peters, Rampelberg, Soholt, Sutton, and Vehle

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XIV of the Constitution of the State of South Dakota, relating to the authority of the Board of Regents.

Was read the first time.

The Speaker declared that HB 1087 and 1109 were withdrawn at the request of the prime sponsors pursuant to Joint Rule 6B-1.1.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 9: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the transfer of funds administered by the state investment officer.

Was read the first time.

SB 10: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the classes of investments used for state funds.

Was read the first time.

SB 21: FOR AN ACT ENTITLED, An Act to revise the income guidelines for the paraplegic property tax relief program.

Was read the first time.

SB 60: FOR AN ACT ENTITLED, An Act to provide newborn screening of inherited and genetic disorders.

Was read the first time.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1043: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Department of Education.

Was read the second time.

The question being "Shall HB 1043 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Schaefer

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

HB 1007: FOR AN ACT ENTITLED, An Act to revise and update certain provisions relating to the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1007 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Schaefer

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

HB 1008: FOR AN ACT ENTITLED, An Act to provide for a consistent refund methodology for members of the South Dakota Retirement System and their beneficiaries.

Was read the second time.

The question being "Shall HB 1008 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Schaefer

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

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to disability and surviving spouse benefits for members of the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Schaefer

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

HB 1071: FOR AN ACT ENTITLED, An Act to revise the number of signatures required for a nominating petition for sanitary district trustees.

Was read the second time.

The question being "Shall HB 1071 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Schaefer

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

HB 1039: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation of grain buyers and grain warehouses.

Was read the second time.

The question being "Shall HB 1039 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Schaefer

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

HB 1040: FOR AN ACT ENTITLED, An Act to revise the statute of frauds within the uniform commercial code with respect to the sale of pulse crops.

Was read the second time.

The question being "Shall HB 1040 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Schaefer

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

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain record keeping and inspection requirements for fur dealers.

Was read the second time.

The question being "Shall HB 1054 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Schaefer

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1059: FOR AN ACT ENTITLED, An Act to allow authorized entities to access immunization information in certain circumstances.

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

Rep. Sly moved that HB 1059 be amended as follows:

On page 1, line 9, of the printed bill, after "." insert "The provider shall verbally notify the patient, or if the patient is a minor, the patient's parent or guardian of the patient's ability to refuse to permit immunization information to be shared.".

Which motion prevailed.

The question being "Shall HB 1059 pass as amended?"

And the roll being called:

Yeas 45, Nays 24, Excused 1, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Conzet; Cronin; Dryden; Duvall; Feickert; Gibson; Gosch; Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Killer; Kirschman; Langer; McCleerey; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Ring; Romkema; Rounds; Rozum; Schoenfish; Schrempp; Sly; Soli; Solum; Stevens; Werner; Westra; Willadsen; Speaker Wink

Nays:
Brunner; Campbell; Craig; Deutsch; DiSanto; Greenfield (Lana); Haugaard; Hunt; Kaiser; Klumb; Latterell; Marty; May; Mickelson; Qualm; Rasmussen; Russell; Schoenbeck; Stalzer; Tulson; Verchio; Wiik; Wollmann; Zikmund

Excused:
Schaefer

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. Gosch moved that HJR 1001 be placed to follow HB 1069 on today's calendar.

Which motion prevailed.

HB 1069: FOR AN ACT ENTITLED, An Act to limit the authority of delegates to a limited Article V convention to vote for unauthorized amendments contrary to legislative instructions and to provide a civil fine for the violation thereof.

Was read the second time.

The question being "Shall HB 1069 pass as amended?"

And the roll being called:

Yeas 38, Nays 31, Excused 1, Absent 0

Yeas:
Anderson; Beal; Bolin; Conzet; Craig; Cronin; Deutsch; DiSanto; Gosch; Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Hickey; Holmes; Hunt; Jensen (Alex); Johns; Kirschman; Langer; Latterell; Mickelson; Novstrup (Al); Otten (Herman); Qualm; Romkema; Schoenbeck; Schoenfish; Stalzer; Stevens; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bartling; Bordeaux; Brunner; Campbell; Dryden; Duvall; Feickert; Gibson; Greenfield (Lana); Hawks; Hawley; Hunhoff (Jean); Kaiser; Killer; Klumb; Marty; May; McCleerey; Munsterman; Partridge; Peterson (Kent); Rasmussen; Ring; Rounds; Rozum; Russell; Schrempp; Sly; Soli; Solum; Tulson

Excused:
Schaefer

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.

HJR 1001: A JOINT RESOLUTION, Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

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

The question being "Shall HJR 1001 pass?"

And the roll being called:

Yeas 39, Nays 30, Excused 1, Absent 0

Yeas:
Anderson; Beal; Bolin; Conzet; Craig; Cronin; Deutsch; DiSanto; Gosch; Haggar (Don); Harrison; Haugaard; Hawley; Heinemann (Leslie); Hickey; Hunt; Jensen (Alex); Johns; Kirschman; Langer; Latterell; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Romkema; Schoenbeck; Stalzer; Stevens; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bartling; Bordeaux; Brunner; Campbell; Dryden; Duvall; Feickert; Gibson; Greenfield (Lana); Hawks; Holmes; Hunhoff (Jean); Kaiser; Killer; Klumb; Marty; May; McCleerey; Munsterman; Rasmussen; Ring; Rounds; Rozum; Russell; Schoenfish; Schrempp; Sly; Soli; Solum; Tulson

Excused:
Schaefer

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.

HB 1068: FOR AN ACT ENTITLED, An Act to revise when a court can grant a cross credit on child support.

Was read the second time.

The question being "Shall HB 1068 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rozum; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Rounds

Excused:
Dryden; Hunt; Schaefer

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

HB 1009: FOR AN ACT ENTITLED, An Act to limit the recovery of certain overpayments made by the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1009 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Dryden; Hunt; Schaefer

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

HB 1011: FOR AN ACT ENTITLED, An Act to provide for automatic increases in the accounts of automatically-enrolled participants of the deferred compensation plan of the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Dryden; Hunt; Schaefer

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

HB 1001: FOR AN ACT ENTITLED, An Act to establish a wine direct shipment license and wine carrier license to enable the direct shipments of certain wine in South Dakota.

Was read the second time.

The question being "Shall HB 1001 pass?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Beal; Haugaard

Excused:
Dryden; Hunt; Schaefer

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

HB 1004: FOR AN ACT ENTITLED, An Act to authorize the direct sale of distilled spirits from artisan distillers to retailers and wholesalers.

Was read the second time.

The question being "Shall HB 1004 pass?"

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Johns; Kaiser; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Beal; Bolin; Gibson; Haugaard; Jensen (Alex); Killer; Kirschman

Excused:
Dryden; Hunt; Schaefer

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

HB 1053: FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated provisions related to the Department of Game, Fish and Parks.

Was read the second time.

The question being "Shall HB 1053 pass?"

And the roll being called:

Yeas 61, Nays 1, Excused 8, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch; DiSanto; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Ring; Rounds; Rozum; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Russell

Excused:
Cronin; Dryden; Hunhoff (Jean); Hunt; Jensen (Alex); Partridge; Romkema; Schaefer

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.

There being no objection, the House reverted to Order of Business No. 10.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1153 Introduced by: Representatives Novstrup (Al), Bartling, Bolin, Deutsch, Haggar (Don), Harrison, Hawley, Heinemann (Leslie), Hickey, Johns, Kaiser, Kirschman, Mickelson, Munsterman, Qualm, Rasmussen, Rounds, Schoenbeck, Sly, Solum, Stalzer, Tulson, Westra, Willadsen, and Wollmann and Senators Lederman, Brown, Frerichs, Hunhoff (Bernie), Monroe, Omdahl, Rave, Tieszen, and Van Gerpen

FOR AN ACT ENTITLED, An Act to expand the definition of teleconference to include certain meetings conducted through electronic text colloquy and to require the retention of certain records of text colloquy meetings for public inspection.

Was read the first time.

HB 1154 Introduced by: Representative Novstrup (Al) and Senator Hunhoff (Bernie)

FOR AN ACT ENTITLED, An Act to limit the amount that may be charged for certain document requests.

Was read the first time.

HB 1155 Introduced by: Representatives Latterell, Brunner, Campbell, Conzet, Craig, Cronin, DiSanto, Greenfield (Lana), Haggar (Don), Hickey, Kaiser, Kirschman, Klumb, Qualm, Schoenfish, Stalzer, Wiik, and Zikmund and Senators Haggar (Jenna), Brown, Greenfield (Brock), Jensen (Phil), Lederman, Monroe, Novstrup (David), Olson, Omdahl, Otten (Ernie), and Rave

FOR AN ACT ENTITLED, An Act to require that information be provided to a pregnant mother whose child tests positive for Down syndrome.

Was read the first time.

HB 1156 Introduced by: Representatives Latterell, Anderson, Brunner, Campbell, Craig, Cronin, DiSanto, Haggar (Don), Qualm, Rounds, Stalzer, Wiik, and Zikmund and Senators Greenfield (Brock), Brown, Curd, Haggar (Jenna), Jensen (Phil), Lederman, Monroe, Novstrup (David), Olson, Omdahl, and Otten (Ernie)

FOR AN ACT ENTITLED, An Act to prohibit the performance of abortions due to Down syndrome and to provide a penalty therefor.

Was read the first time.

HB 1157 Introduced by: Representative Novstrup (Al) and Senator Holien

FOR AN ACT ENTITLED, An Act to clarify and provide consistency in cemetery regulations and to establish an administrative fine for failure to file required reports.

Was read the first time.

HB 1158 Introduced by: Representatives Hickey, Bolin, Heinemann (Leslie), Killer, Kirschman, Qualm, Schoenbeck, and Willadsen and Senators Sutton, Heinert, and Hunhoff (Bernie)

FOR AN ACT ENTITLED, An Act to require that a victim's opposition to the death penalty be presented at a presentence hearing.

Was read the first time.

HB 1159 Introduced by: Representatives Hickey, Bolin, Heinemann (Leslie), Killer, Kirschman, Qualm, and Willadsen and Senators Sutton, Heinert, and Hunhoff (Bernie)

FOR AN ACT ENTITLED, An Act to permit South Dakotans to express opposition to the death penalty when applying for a state issued identification card.

Was read the first time.

HB 1160 Introduced by: Representatives Hickey, Heinemann (Leslie), Johns, Killer, Kirschman, Qualm, Soli, and Willadsen and Senators Hunhoff (Bernie), Heinert, Lederman, Solano, and Sutton

FOR AN ACT ENTITLED, An Act to require a defendant to undergo a mental examination prior to any sentence imposed after a defendant is found guilty but mentally ill.

Was read the first time.

HB 1161 Introduced by: Representatives Haugaard, Beal, Brunner, Greenfield (Lana), Heinemann (Leslie), Hunt, Langer, Marty, May, Qualm, Russell, and Verchio and Senators Greenfield (Brock), Haggar (Jenna), Heineman (Phyllis), Holien, Jensen (Phil), Lederman, Olson, Otten (Ernie), Rusch, Solano, and Van Gerpen

FOR AN ACT ENTITLED, An Act to limit certain rule making authority of the South Dakota High School Activities Association.

Was read the first time.

HB 1162 Introduced by: Representatives Rounds, Bartling, Bordeaux, Deutsch, Feickert, Gibson, Hawks, Hawley, Killer, Kirschman, McCleerey, Novstrup (Al), Ring, Schoenbeck, Schrempp, Soli, Solum, Stalzer, Tulson, and Willadsen and Senators Brown, Greenfield (Brock), Monroe, Novstrup (David), Olson, Sutton, and Tieszen

FOR AN ACT ENTITLED, An Act to enact the Interstate Insurance Product Regulation Compact.

Was read the first time.

HB 1163 Introduced by: Representatives Hickey, Conzet, Gibson, Killer, Kirschman, Munsterman, Schaefer, and Tulson and Senators Heinert, Frerichs, Holien, Olson, and Peterson (Jim)

FOR AN ACT ENTITLED, An Act to reinstate certain civil actions for childhood sexual abuse.

Was read the first time.

HB 1164 Introduced by: Representative Zikmund and Senator Frerichs

FOR AN ACT ENTITLED, An Act to require that certain employees of the Department of Veterans Affairs be veterans.

Was read the first time.

HJR 1002 Introduced by: Representatives Verchio, Bartling, Brunner, Feickert, Greenfield (Lana), Harrison, Haugaard, Hawks, Hawley, Johns, Killer, Kirschman, Marty, May, McCleerey, Otten (Herman), Qualm, Rasmussen, Ring, Romkema, Russell, Soli, Wiik, and Wollmann and Senators Rampelberg, Bradford, Buhl O'Donnell, Cammack, Frerichs, Haverly, Hunhoff (Bernie), Jensen (Phil), Novstrup (David), Olson, Parsley, Peterson (Jim), Rusch, Solano, Sutton, and Tieszen

A JOINT RESOLUTION, making a formal application to the President of the United States, that the President grant a presidential pardon to Peter L. Larson.

Was read the first time.

SIGNING OF BILLS

The Speaker publicly read the title to

SB 28: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell certain extraneous real property to the City of Brookings, to deposit the proceeds in the school and public lands trust for the benefit of South Dakota State University, and to declare an emergency.

And signed the same in the presence of the House.

HC 1006 Introduced by: Representatives Langer, Anderson, Bartling, Bolin, Conzet, Craig, Deutsch, Gibson, Haggar (Don), Hawley, Hickey, Hunt, Jensen (Alex), Johns, Kaiser, Killer, Klumb, Latterell, Marty, May, McCleerey, Novstrup (Al), Otten (Herman), Partridge, Peterson (Kent), Qualm, Rasmussen, Russell, Schoenfish, Schrempp, Stevens, Tulson, Verchio, Westra, Wiik, Willadsen, and Wollmann and Senators Rave, Bradford, Monroe, and Olson

A LEGISLATIVE COMMEMORATION, Commending and honoring the Dell Rapids Boys Golf Team for a successful 2014 season.

WHEREAS, the Dell Rapids Quarriers Boys Golf Team competed in twelve meets in the 2014 season, finishing in first place in eight of them, finishing in second place in four of them, and finishing the season by winning the State A Boys Golf Tournament; and

WHEREAS, Adam Karst was crowned the State Champion medalist and was a member of the All-Tournament Team; Ty Hoglund and Mason Schmidt tied for sixth place and also made the All-Tournament Team; and Devon Weber finished in ninth place:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the South Dakota Legislature hereby congratulates and honors the Dell

Rapids Quarriers Boys Golf Team and coaches for an exceptional season, and wishes them every success in future endeavors both on and off the athletic field of competition.

HC 1007 Introduced by: Representatives Langer, Anderson, Bartling, Bolin, Conzet, Craig, Deutsch, Gibson, Haggar (Don), Hawley, Hickey, Hunt, Jensen (Alex), Johns, Kaiser, Killer, Klumb, Latterell, Marty, May, McCleerey, Novstrup (Al), Otten (Herman), Partridge, Peterson (Kent), Qualm, Rasmussen, Russell, Schoenfish, Schrempp, Stevens, Tulson, Verchio, Westra, Wiik, Willadsen, and Wollmann and Senators Rave, Bradford, Monroe, and Olson

A LEGISLATIVE COMMEMORATION, Commending and honoring the Dell Rapids Quarriers Football Team on a successful 2014 season.

WHEREAS, the Dell Rapids Quarriers won the Class 11A Football Championship, ending the season with a record of 11-1, and winning their fifth title in seven years; and

WHEREAS, Riley Schmidt won the Joe Robbie Award and the Outstanding Back Award, and Griffin Ellison won the Outstanding Lineman Award:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the South Dakota Legislature congratulates and honors the Dell Rapids Quarriers Football Team, along with their cheerleaders, support personnel, and coaches, on an outstanding season, and wishes them every success in future endeavors both on and off the athletic field of competition.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 4:16 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk