The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House pages Tyana Gottsleben and Mariah Kessler.
Roll Call: All members present except Reps. Hawks, Novstrup, 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 seventeenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Brett Carley, Maria Corio, Braeden Edleman, Alexandra Farber, Tyana Gottsleben, Lauren
Groeger, Taylee Hudson, Payton Jones, Mariah Kessler, Levi Knight, Lathan Lauing, Marissa
Leber, Johanna Lippert, Jamie Mundwiler, Daylee Olson, Jackson Peterson, Karlee Peterson,
Grant Russell, Kyler Simmons, Ben Stiegelmeier, Caleb Willis.
Which was subscribed to and placed on file in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 9, 2015, I approved House Bills 1012, 1016,
1017, 1018, 1019, 1024, 1025, 1028, and 1036, and the same have been deposited in the office
of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1116 and 1195 and HJR 1002 and returns the same with the recommendation that said bills
and resolution do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1108 and 1175 and HJR 1006 which were deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
HB 1148 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 Education respectfully reports that it has had under consideration
HB 1072 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1077 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1180 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1178 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 Commerce and Energy respectfully reports that it has had under consideration HB 1236 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1222 which was tabled.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1182 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1142 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 Judiciary respectfully reports that it has had under consideration
HB 1173 and returns the same with the recommendation that said bill be amended as follows:
" Section 1. That § 15-17-51 be amended to read as follows:
15-17-51. If a civil, including an action for appeal of a zoning decision, action or special
proceeding is dismissed or requested relief is denied and if the court determines that it was
frivolous or brought for malicious purposes, the court shall order the party whose claim, cause
of action, or defense was dismissed or denied to pay part or all expenses incurred by the person
party defending the matter, including reasonable attorneys' fees. "
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1160 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1007, 1008, 1009, 1010, 1011, 1053, and 1054
which have passed the Senate without change.
I have the honor to transmit herewith SB 97 and 125 which have passed the Senate and
your favorable consideration is respectfully requested.
HB 1218 be referred from the Committee on Education to the Committee on State Affairs
and
HB 1226 be referred from the Committee on Education to the Committee on State Affairs.
Which motion prevailed.
Rep. Gosch moved that the reports of the Standing Committees on
Appropriations on HB 1188 as found on page 321 of the House Journal; also
Appropriations on HB 1191 as found on page 321 of the House Journal; also
Appropriations on HB 1192 as found on page 322 of the House Journal; also
Appropriations on SB 43 as found on page 322 of the House Journal; also
Commerce and Energy on HB 1094 as found on page 323 of the House Journal; also
Commerce and Energy on HB 1105 as found on page 324 of the House Journal be adopted.
Which motion prevailed.
SB 97: FOR AN ACT ENTITLED, An Act to revise the allowable penalties for a person
admitted to drug court.
Was read the first time and referred to the Committee on Judiciary.
SB 125: FOR AN ACT ENTITLED, An Act to revise the minimum suspension
requirements for students participating in extracurricular activities.
Was read the first time and referred to the Committee on Education.
HB 1137: 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 second time.
The question being "Shall HB 1137 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Excused:
Hawks; Novstrup (Al); 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 1144: FOR AN ACT ENTITLED, An Act to repeal and revise certain unnecessary and
outdated provisions related to state affairs and government.
Was read the second time.
The question being "Shall HB 1144 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; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt;
Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May;
McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen;
Wollmann; Zikmund; Speaker Wink
Excused:
Hawks; Novstrup (Al); 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 1080: FOR AN ACT ENTITLED, An Act to authorize the use of investigational
treatments for patients under certain conditions and to restrict certain causes of action arising
from investigational treatment.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1080 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; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt;
Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May;
McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm; Ring;
Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli;
Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund;
Speaker Wink
Nays:
Rasmussen
Excused:
Hawks; Novstrup (Al); 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.
Having had its second reading was up for consideration and final passage.
" Section 4. That § 43-45-3 be amended to read as follows:
43-45-3. A homestead:
The question being "Shall HB 1128 pass as amended?"
And the roll being called:
Yeas 61, Nays 6, Excused 3, Absent 0
Nays:
Cronin; Dryden; Greenfield (Lana); Jensen (Alex); Kaiser; May
Excused:
Hawks; Novstrup (Al); 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 1129: FOR AN ACT ENTITLED, An Act to revise the property exempt from process
in bankruptcy cases.
Was read the second time.
The question being "Shall HB 1129 pass as amended?"
And the roll being called:
Yeas 40, Nays 27, Excused 3, Absent 0
Yeas:
Anderson; Bolin; Bordeaux; Brunner; Campbell; Craig; DiSanto; Duvall; Gibson; Gosch;
Haggar (Don); Haugaard; Hickey; Hunt; Johns; Killer; Klumb; Langer; Latterell; Mickelson;
Munsterman; Otten (Herman); Peterson (Kent); Rasmussen; Ring; Russell; Schaefer;
Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wollmann;
Zikmund; Speaker Wink
Nays:
Bartling; Beal; Conzet; Cronin; Deutsch; Dryden; Feickert; Greenfield (Lana); Harrison;
Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Jensen (Alex); Kaiser; Kirschman;
Marty; May; McCleerey; Partridge; Qualm; Romkema; Rounds; Rozum; Schoenbeck; Wiik;
Willadsen
Excused:
Hawks; Novstrup (Al); 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.
Was read the second time.
The question being "Shall HB 1089 pass?"
And the roll being called:
Yeas 61, Nays 6, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Haugaard;
Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Johns; Killer; Kirschman;
Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; 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:
Dryden; Duvall; Harrison; Jensen (Alex); Kaiser; Schoenbeck
Excused:
Hawks; Novstrup (Al); 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.
HB 1113: FOR AN ACT ENTITLED, An Act to repeal and revise certain motor vehicle
and boat damage and salvage disclosure requirements.
Was read the second time.
The question being "Shall HB 1113 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Excused:
Hawks; Novstrup (Al); 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 1122: FOR AN ACT ENTITLED, An Act to authorize township boards to designate
certain roads as no maintenance roads.
Was read the second time.
" The board of township supervisors may close a road to vehicle travel if the road is unsafe
for vehicle travel. The board may also designate a closed road as a no maintenance road.".
The question being "Shall HB 1122 pass as amended?"
And the roll being called:
Yeas 61, Nays 6, Excused 3, Absent 0
Nays:
Beal; Cronin; Gosch; Hunhoff (Jean); Johns; Rounds
Excused:
Hawks; Novstrup (Al); 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 1100: FOR AN ACT ENTITLED, An Act to clarify how a vacancy on a school board
is filled.
Was read the second time.
The question being "Shall HB 1100 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; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt;
Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May;
McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen;
Wollmann; Zikmund; Speaker Wink
Excused:
Hawks; Novstrup (Al); 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.
Was read the second time.
The question being "Shall HB 1155 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; Dryden;
Duvall; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Heinemann (Leslie); Hickey;
Hunhoff (Jean); Hunt; Johns; Kaiser; Kirschman; Klumb; Langer; Latterell; Marty; May;
Mickelson; Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema;
Russell; Schaefer; Schoenbeck; Schoenfish; Sly; Solum; Stalzer; Stevens; Tulson; Werner;
Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Bartling; Bordeaux; Feickert; Gibson; Harrison; Hawley; Holmes; Jensen (Alex); Killer;
McCleerey; Munsterman; Rounds; Rozum; Schrempp; Soli
Excused:
Hawks; Novstrup (Al); 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.
Was read the second time.
The question being "Shall HB 1176 pass?"
And the roll being called:
Yeas 50, Nays 17, Excused 3, Absent 0
Yeas:
Anderson; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden;
Duvall; Gosch; Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunt; Jensen
(Alex); Johns; Klumb; Langer; Latterell; Marty; May; Mickelson; Munsterman; Otten
(Herman); Partridge; Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer;
Schoenbeck; Schoenfish; Sly; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik;
Wollmann; Zikmund; Speaker Wink
Nays:
Bartling; Bordeaux; Feickert; Gibson; Greenfield (Lana); Hawley; Hickey; Hunhoff (Jean);
Kaiser; Killer; Kirschman; McCleerey; Peterson (Kent); Ring; Schrempp; Soli; Willadsen
Excused:
Hawks; Novstrup (Al); 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 1179: FOR AN ACT ENTITLED, An Act to revise the definition of a veteran.
Was read the second time.
Rep. Gosch moved that HB 1179 be deferred to Tuesday, February 10, the 19th legislative
day.
Which motion prevailed.
HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state
hosting and employee reimbursement policies.
Was read the second time.
And the roll being called:
Yeas 57, Nays 10, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Conzet; Cronin; Dryden; Duvall; Feickert;
Gibson; Gosch; Haggar (Don); Harrison; Haugaard; Hawley; Heinemann (Leslie); Hickey;
Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer;
Latterell; McCleerey; Mickelson; Munsterman; Otten (Herman); Peterson (Kent); Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp;
Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann;
Zikmund; Speaker Wink
Nays:
Campbell; Craig; Deutsch; DiSanto; Greenfield (Lana); Kaiser; Marty; May; Partridge; Russell
Excused:
Hawks; Novstrup (Al); 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 1189: 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.
Was read the second time.
The question being "Shall HB 1189 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; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt;
Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May;
McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen;
Wollmann; Zikmund; Speaker Wink
Excused:
Hawks; Novstrup (Al); Verchio
HB 1103: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
comparative negligence.
Was read the second time.
The question being "Shall HB 1103 pass?"
And the roll being called:
Yeas 54, Nays 13, Excused 3, Absent 0
Yeas:
Bartling; Beal; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto;
Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Harrison; Haugaard; Heinemann
(Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer;
Kirschman; Klumb; Langer; Latterell; McCleerey; Mickelson; Munsterman; Otten (Herman);
Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rozum; Schaefer;
Schoenbeck; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Westra; Wollmann;
Speaker Wink
Nays:
Anderson; Bolin; Haggar (Don); Hawley; Marty; May; Rounds; Russell; Schrempp; Werner;
Wiik; Willadsen; Zikmund
Excused:
Hawks; Novstrup (Al); 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, 18, and 46 be deferred to Tuesday, February 10,
the 19th 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 1014, 1061, 1062,
and 1065 were delivered to his Excellency, the Governor, for his approval at 9:44 a.m.,
February 9, 2015.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1007, 1008, 1009, 1010, 1011, 1053, and 1054 and
finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1007: FOR AN ACT ENTITLED, An Act to revise and update certain provisions
relating to the South Dakota Retirement System.
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.
HB 1009: FOR AN ACT ENTITLED, An Act to limit the recovery of certain
overpayments made by the South Dakota Retirement System.
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.
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.
HB 1053: FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated
provisions related to the Department of Game, Fish and Parks.
HB 1054: FOR AN ACT ENTITLED, An Act to revise certain record keeping and
inspection requirements for fur dealers.
And signed the same in the presence of the House.
Rep. Anderson moved that the House do now adjourn, which motion prevailed and at
4:18 p.m. the House adjourned.