The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of
Allegiance led by House page Taylor Faw.
Roll Call: All members present except Reps. Heinemann, Schoenbeck, and Verchio who
were excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the fifteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1089 and returns the same with the recommendation that said bill do pass.
The Committee on Taxation respectfully reports that it has had under consideration SB 19,
20, and 21 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 Taxation respectfully reports that it has had under consideration
HB 1115 and 1193 which were deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1113 and returns the same with the recommendation that said bill do pass.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1122 and returns the same with the recommendation that said bill do pass.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1121, 1135, and 1136 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
I have the honor to return herewith HB 1014, 1061, 1062, and 1065 which have passed the
Senate without change.
I have the honor to transmit herewith SB 17, 27, 67, 69, 77, 93, 113, and 153 which have
passed the Senate and your favorable consideration is respectfully requested.
Rep. Rounds moved that the House do concur in Senate amendments to HB 1026.
The question being on Rep. Rounds' motion that the House do concur in Senate
amendments to HB 1026.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
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. Gosch moved that HB 1161 be referred from the Committee on Education to the
Committee on State Affairs.
Which motion prevailed.
Rep. Gosch moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 6, the 17th legislative day.
Which motion prevailed.
Rep. Gosch moved that the report of the Standing Committee on
Judiciary on HB 1129 as found on page 281 of the House Journal be adopted.
Which motion prevailed.
SB 17: FOR AN ACT ENTITLED, An Act to revise the definition of motor vehicles that
are subject to the lemon law.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on Appropriations.
SB 67: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
challenges to certain election petition signatures.
Was read the first time and referred to the Committee on State Affairs.
SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding elections
and election petitions.
Was read the first time and referred to the Committee on State Affairs.
SB 77: FOR AN ACT ENTITLED, An Act to allow nursing mothers to breastfeed in
certain locations.
Was read the first time and referred to the Committee on Health and Human Services.
SB 93: FOR AN ACT ENTITLED, An Act to impose a gross receipts tax on the rental of
certain motorcycles in lieu of the excise tax on motor vehicles.
Was read the first time and referred to the Committee on Taxation.
SB 113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
fiscal impact statements prepared for legislation that impacts state prison or county jail
populations.
Was read the first time and referred to the Committee on State Affairs.
SB 153: FOR AN ACT ENTITLED, An Act to repeal the South Dakota certified site and
technology park programs.
Was read the first time and referred to the Committee on Education.
Rep. Russell requested that HB 1145 be removed from the Consent Calendar.
Which request was granted.
Rep. Russell requested that HB 1149 be removed from the Consent Calendar.
Which request was granted.
HB 1151: FOR AN ACT ENTITLED, An Act to improve public safety through
confidential stress management services for emergency service providers.
Was read the second time.
The question being "Shall HB 1151 pass as amended?"
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; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawks; Hawley; 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; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund;
Speaker Wink
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
titling of motor vehicles, boats, mobile homes, and manufactured homes and the issuance of
temporary permits by licensed dealers.
Was read the second time.
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; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawks; Hawley; 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; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund;
Speaker Wink
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 12: FOR AN ACT ENTITLED, An Act to allow the spouse of an active duty military
person to qualify as a resident for a temporary permit to carry a concealed pistol.
Was read the second time.
The question being "Shall SB 12 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; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawks; Hawley; 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; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund;
Speaker Wink
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
HB 1096: FOR AN ACT ENTITLED, An Act to revise certain procedures for issuing a
permit to carry a concealed pistol.
Having had its second reading was up for consideration and final passage.
Section 7. This Act is effective on January 1. 2016.".
The question being "Shall HB 1096 pass as amended?"
And the roll being called:
Yeas 52, Nays 15, Excused 3, Absent 0
Yeas:
Anderson; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Duvall;
Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hickey; Hunhoff
(Jean); Hunt; Johns; Kaiser; Klumb; Langer; Latterell; Marty; May; Mickelson; Munsterman;
Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Romkema;
Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Stevens; Tulson; Werner;
Westra; Wiik; Wollmann; Zikmund; Speaker Wink
Nays:
Bartling; Bordeaux; Dryden; Gibson; Hawks; Hawley; Holmes; Jensen (Alex); Killer;
Kirschman; McCleerey; Ring; Schrempp; Soli; Willadsen
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Gosch moved that HB 1080 be deferred to Friday, February 6, the 17th legislative day.
Which motion prevailed.
Was read the second time.
The question being "Shall HB 1083 pass as amended?"
And the roll being called:
Yeas 56, Nays 11, Excused 3, Absent 0
Yeas:
Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Cronin; Deutsch; DiSanto;
Dryden; Duvall; Feickert; Gibson; Gosch; Harrison; Hawks; Hawley; Hickey; Holmes; Hunhoff
(Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty;
May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Partridge; Peterson (Kent); Ring;
Romkema; Rounds; Rozum; Russell; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens;
Tulson; Werner; Westra; Wiik; Zikmund; Speaker Wink
Nays:
Anderson; Craig; Greenfield (Lana); Haggar (Don); Haugaard; Otten (Herman); Qualm;
Rasmussen; Schaefer; Willadsen; Wollmann
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1124: FOR AN ACT ENTITLED, An Act to authorize motor vehicles to exceed the
posted speed limit under certain conditions.
Was read the second time.
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; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawks; Hawley; 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; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Wollmann; Zikmund; Speaker
Wink
Nays:
Willadsen
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1130: FOR AN ACT ENTITLED, An Act to prohibit an abortion provider from
accepting payment for an abortion prior to the end of the required informed consent period.
Was read the second time.
The question being "Shall HB 1130 pass?"
And the roll being called:
Yeas 63, Nays 4, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto;
Dryden; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard;
Hawley; Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Kirschman;
Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al);
Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds;
Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson;
Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Bordeaux; Gibson; Hawks; Killer
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 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
regulation of licensing massage therapists.
Was read the second time.
The question being "Shall HB 1102 pass as amended?"
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; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawks; Hawley; 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; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund;
Speaker Wink
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1138: 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 second time.
" Section 2. That § 32-37-1 be amended to read as follows:
Section 3. That § 32-37-1.1 be amended to read as follows:
32-37-1.1. Any operator of a passenger vehicle operated on a public street or highway in this
state transporting a passenger who is at least five and under eighteen years of age shall assure
that the passenger is wearing a properly adjusted and fastened safety seat belt system, required
to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle
Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when
the vehicle is in motion. A violation of this section is a petty offense with a fine of fifty dollars.
Section 4. That § 32-37-1.2 be amended to read as follows:
32-37-1.2. Any operator of any passenger vehicle operated on a public street or highway in
this state, who is at least fourteen years of age and under eighteen years of age, shall wear a
properly adjusted and fastened safety seat belt system, required to be installed in the passenger
vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49
C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation
of this section is a petty offense with a fine of fifty dollars.
Section 5. That § 32-37-1.3 be amended to read as follows:
32-37-1.3. Any passenger of any passenger vehicle operated on a public street or highway
in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a
properly adjusted and fastened safety seat belt system, required to be installed in the passenger
vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49
C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation
of this section is a petty offense with a fine of fifty dollars. ".
The question being "Shall HB 1138 pass as amended?"
And the roll being called:
Yeas 22, Nays 45, Excused 3, Absent 0
Yeas:
Anderson; Bolin; Haggar (Don); Hawks; Hawley; Holmes; Hunt; Kirschman; Latterell;
Mickelson; Munsterman; Rasmussen; Ring; Rounds; Rozum; Schaefer; Schoenfish; Soli;
Stevens; Werner; Willadsen; Zikmund
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1150: FOR AN ACT ENTITLED, An Act to provide for the annual adjustment of the
salary of legislators.
Was read the second time.
The question being "Shall HB 1150 pass?"
And the roll being called:
Yeas 48, Nays 19, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Conzet; Craig; Cronin; Dryden; Gosch;
Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Hickey; Holmes; Hunt;
Jensen (Alex); Killer; Kirschman; Klumb; Langer; Mickelson; Munsterman; Novstrup (Al);
Otten (Herman); Partridge; Rasmussen; Ring; Romkema; Rozum; Schaefer; Sly; Soli; Solum;
Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker
Wink
Nays:
Campbell; Deutsch; DiSanto; Duvall; Feickert; Gibson; Hunhoff (Jean); Johns; Kaiser;
Latterell; Marty; May; McCleerey; Peterson (Kent); Qualm; Rounds; Russell; Schoenfish;
Schrempp
Excused:
Heinemann (Leslie); Schoenbeck; Verchio
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
Speaker Pro tempore Mickelson now presiding.
Was read the second time.
The question being "Shall HB 1101 pass?"
And the roll being called:
Yeas 58, Nays 8, Excused 4, Absent 0
Yeas:
Bartling; Beal; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto;
Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Harrison; Hawks; Hawley;
Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb;
Langer; Latterell; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman);
Partridge; Peterson (Kent); Qualm; Ring; Romkema; Rounds; Rozum; Russell; Schoenfish;
Schrempp; Sly; Soli; Solum; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann;
Zikmund; Speaker Wink
Nays:
Anderson; Bolin; Haggar (Don); Haugaard; Kaiser; Marty; Rasmussen; Stalzer
Excused:
Heinemann (Leslie); Schaefer; Schoenbeck; Verchio
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1128: FOR AN ACT ENTITLED, An Act to protect certain homestead exemption
interests during sale of homestead or separation of owners.
Was read the second time.
Rep. Gosch moved that HB 1128 be deferred to Friday, February 6, the 17th legislative day.
Which motion prevailed.
HB 1134: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
expungement of arrest records.
Was read the second time.
The question being "Shall HB 1134 pass?"
Yeas 64, Nays 2, Excused 4, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawks; Hawley; Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kaiser; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson;
Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen;
Ring; Romkema; Rounds; Rozum; Russell; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer;
Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Gibson; Killer
Excused:
Heinemann (Leslie); Schaefer; Schoenbeck; Verchio
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Gosch moved that SB 61, 34, 14, 15, and 18 be deferred to Friday, February 6, the
17th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1024, 1025, 1028,
and 1036 were delivered to his Excellency, the Governor, for his approval at 10:06 a.m.,
February 5, 2015.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1014, 1061, 1062, and 1065 and finds the same
correctly enrolled.
The Speaker publicly read the title to
HB 1014: FOR AN ACT ENTITLED, An Act to repeal certain obsolete and unnecessary
statutes relating to the Department of Environment and Natural Resources.
HB 1061: FOR AN ACT ENTITLED, An Act to repeal an outdated and obsolete provision
related to transferring cases from inferior courts to circuit courts.
HB 1062: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to jury
selection.
HB 1065: FOR AN ACT ENTITLED, An Act to revise certain provisions related to voting
trusts and agreements.
SB 23: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
ownership and management of the South Dakota Art Museum.
SB 36: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary
statutes and to update certain references related to the Department of Tourism.
(Journal correction: See front page of the nineteenth day of the House Journal.)
And signed the same in the presence of the House.
Rep. Anderson moved that the House do now adjourn, which motion prevailed and at
4:12 p.m. the House adjourned.