House of Representatives Journal 3/10/2015 10:00 AM

JOURNAL OF THE HOUSE

NINETIETH SESSION

THIRTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 10, 2015

The House convened at 10:00 a.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 pages Gray Gunner and Israel Haile.

Roll Call: All members present except Reps. Bordeaux and Conzet who were 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-fourth 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,

Dean Wink, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 135, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Brian G. Gosch, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1020 was lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 60 and 136.

Also MR. SPEAKER:

I have the honor to return herewith HB 1140 and 1231 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 HB 1015, 1041, 1046, and 1215 and HJR 1002 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

ANNOUNCEMENTS

The Speaker appointed Reps. Schoenbeck, Harrison, and Kirschman as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 120.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 1 as found on page 648 of the House Journal; also

Appropriations on SB 99 as found on page 653 of the House Journal; also

Appropriations on SB 106 as found on page 653 of the House Journal; also

Appropriations on SB 39 as found on page 654 of the House Journal; also

Appropriations on SB 52 as found on page 655 of the House Journal; also

Appropriations on SB 53 as found on page 655 of the House Journal; also

Appropriations on SB 54 as found on page 655 of the House Journal; also

Appropriations on SB 55 as found on page 656 of the House Journal; also

Appropriations on SB 91 as found on page 657 of the House Journal; also

Appropriations on SB 92 as found on page 658 of the House Journal; also

Appropriations on SB 109 as found on page 658 of the House Journal; also

Appropriations on SB 152 as found on page 658 of the House Journal; also

Appropriations on SB 174 as found on page 658 of the House Journal; also

Appropriations on SB 176 as found on page 659 of the House Journal; also

Appropriations on SB 181 as found on page 659 of the House Journal be adopted.

Which motion prevailed.

Rep. Munsterman moved that SB 135 be placed on today's calendar, Tuesday, March 10, the 35^th legislative day, pursuant to Joint Rule 6F-6.

The question being on Rep. Munsterman's motion that SB 135 be placed on today's calendar, Tuesday, March 10, the 35^th legislative day, pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 33, Nays 33, Excused 4, Absent 0

Yeas:
Anderson; Bartling; Brunner; Craig; Duvall; Feickert; Gibson; Greenfield (Lana); Harrison; Haugaard; Hawks; Hawley; Hickey; Holmes; Hunhoff (Jean); Hunt; Kirschman; Klumb; McCleerey; Munsterman; Otten (Herman); Qualm; Rasmussen; Rozum; Schaefer; Schoenfish; Sly; Soli; Verchio; Werner; Willadsen; Zikmund; Speaker Wink

Nays:
Beal; Bolin; Campbell; Cronin; Deutsch; DiSanto; Dryden; Gosch; Haggar (Don); Heinemann (Leslie); Jensen (Alex); Johns; Kaiser; Langer; Latterell; Marty; May; Mickelson; Novstrup (Al); Partridge; Peterson (Kent); Ring; Romkema; Rounds; Russell; Schoenbeck; Schrempp; Solum; Stalzer; Stevens; Westra; Wiik; Wollmann

Excused:
Bordeaux; Conzet; Killer; Tulson

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

Rep. Munsterman announced his intention to reconsider the vote by which SB 135 lost.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Mickelson requested that SB 67 be removed from the Consent Calendar.

Which request was granted.

SB 65: FOR AN ACT ENTITLED, An Act to revise certain procedures regarding campaign finance disclosure statements.

Was read the second time.

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

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; Conzet; Tulson

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 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the county renaming process.

Was read the second time.

The question being "Shall SB 66 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Bordeaux; Conzet; Tulson

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 125: 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 125 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Bordeaux; Conzet; Tulson

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 SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gosch moved that SB 73 be placed to precede SB 64 on today's calendar.

Which motion prevailed.

SB 73: FOR AN ACT ENTITLED, An Act to improve public safety regarding juvenile justice.

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

The question being "Shall SB 73 pass?"

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Campbell; 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; Killer; Kirschman; Klumb; Langer; Latterell; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Brunner; Heinemann (Leslie); Kaiser; Marty; May; Russell; Schoenbeck

Excused:
Bordeaux; Conzet; Tulson

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 64: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of business names.

Was read the second time.

64fb

Rep. Gosch moved that SB 64 be amended as follows:

On page 1, line 5, of the Senate Local Government Committee engrossed bill, after "person" insert "regularly".

Which motion prevailed.

The question being "Shall SB 64 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Craig; 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; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Rozum

Excused:
Bordeaux; Conzet; Cronin

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 132: FOR AN ACT ENTITLED, An Act to allow school districts to recruit teachers by providing certain financial incentives.

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

The question being "Shall SB 132 pass as amended?"

And the roll being called:

Yeas 53, Nays 13, Excused 4, Absent 0

Yeas:
Anderson; Beal; Brunner; Campbell; Craig; Deutsch; DiSanto; Dryden; Duvall; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Hickey; Holmes; Hunt; Jensen (Alex); Johns; Kaiser; Klumb; Langer; Latterell; Marty; May; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Sly; Solum; Stalzer; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bartling; Bolin; Feickert; Gibson; Hawks; Hawley; Killer; Kirschman; McCleerey; Ring; Schrempp; Soli; Stevens

Excused:
Bordeaux; Conzet; Cronin; Hunhoff (Jean)

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 134: FOR AN ACT ENTITLED, An Act to prohibit minor boundary changes for one year, to establish the school district boundary task force, and to declare an emergency.

Was read the second time.

The question being "Shall SB 134 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Campbell; 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; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stevens; Tulson; Verchio; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Brunner; Heinemann (Leslie); Stalzer

Excused:
Bordeaux; Conzet; Westra

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

Was read the second time.

The question being "Shall SB 154 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; Conzet; Westra

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 131: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding stray electrical current and voltage remediation.

Was read the second time.

The question being "Shall SB 131 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; Conzet; Westra

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 178 and 179 be placed to follow SB 181 on today's calendar.

Which motion prevailed.

SB 180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the production tax for wind energy facilities and to declare an emergency.

Was read the second time.

180fc

Rep. Wiik moved that SB 180 be amended as follows:

On page 3, between lines 21 and 22 of the House Taxation Committee engrossed bill, insert:

" Section 6. That § 10-35-20 be amended to read as follows:

10-35-20. The secretary shall deposit the tax imposed by §§ 10-35-18 ~~and~~, 10-35-19, and section 3 of this Act into the wind energy tax fund. There is created in the state treasury the wind energy tax fund.

Section 7. That § 10-35-21 be amended to read as follows:

10-35-21. The secretary shall distribute all of the tax deposited in the wind energy tax fund pursuant to § 10-35-18 and twenty percent of the tax deposited in the wind energy tax fund pursuant to § 10-35-19 and section 3 of this Act to the county treasurer where the wind farm is located. If the wind energy tax fund contains less than twenty percent of the gross receipts tax from § 10-35-19, due to the transmission line rebate under § 10-35-22, the secretary shall distribute the remainder of funds after the rebate to the county treasurer where the wind farm is located. If a wind farm is located in more than one county, each county shall receive the same percentage of the tax as the percentage of wind towers in the wind farm located in the county. Upon receipt of the taxes, the county auditor shall apportion the tax among the school districts, the county, and the organized townships where a wind tower is located. The tax shall be apportioned by the county auditor by allocating fifty percent of the tax to the school district where each wind tower is located, fifteen percent to the organized township where each wind tower is located, and thirty-five percent to the county. If a wind tower is located in a township that is not organized, the unorganized township's share of the tax for that wind tower is allocated to the county. The secretary shall distribute the money to the counties on or before the first day of May. Any remaining revenue in the wind energy tax fund shall be deposited in the state general fund. ".

Which motion prevailed.

The question being "Shall SB 180 pass as amended?"

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Brunner; Campbell; Craig; Cronin; Deutsch; DiSanto; Dryden; 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; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bolin; Hunt; Schoenbeck; Verchio

Excused:
Bordeaux; Conzet

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 100: FOR AN ACT ENTITLED, An Act to create a leased residential property classification.

Was read the second time.

The question being "Shall SB 100 pass as amended?"

And the roll being called:

Yeas 40, Nays 27, Excused 3, Absent 0

Yeas:
Beal; Bolin; Deutsch; Dryden; Duvall; Gosch; Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Klumb; Langer; Latterell; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Peterson (Kent); Rounds; Rozum; Schoenbeck; Schoenfish; Sly; Soli; Solum; Stalzer; Tulson; Werner; Westra; Willadsen; Wollmann; Zikmund

Nays:
Anderson; Bartling; Brunner; Campbell; Craig; Cronin; DiSanto; Feickert; Gibson; Greenfield (Lana); Hickey; Kaiser; Kirschman; Marty; May; McCleerey; Partridge; Qualm; Rasmussen; Ring; Romkema; Russell; Schaefer; Schrempp; Stevens; Wiik; Speaker Wink

Excused:
Bordeaux; Conzet; 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 68: FOR AN ACT ENTITLED, An Act to provide for a random sampling of nominating petition signatures for statewide offices.

Was read the second time.

The question being "Shall SB 68 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; Conzet

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 51, 69, 140, 141, 142, and 1 be placed to follow SB 179 on today's calendar.

Which motion prevailed.

SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions of the risk pool fund due to federal legislation.

Was read the second time.

The question being "Shall SB 99 pass as amended?"

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Brunner; 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; Killer; Kirschman; Klumb; Langer; Latterell; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Campbell; Kaiser; Marty; May; Russell

Excused:
Bolin; Bordeaux; Conzet

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.

99mtb

Rep. Cronin moved that the title to SB 99 be amended as follows:

On page 1, line 1, of the House Appropriations Committee engrossed bill, delete everything after "Act to" and insert "revise certain provisions regarding the risk pool fund.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

SB 106: FOR AN ACT ENTITLED, An Act to provide for risk management services for properties used to provide postsecondary technical education.

Was read the second time.

106sb

Rep. Mickelson moved that SB 106 be amended as follows:

On page 1, line 11, of the House Appropriations Committee engrossed bill, delete "shall" and insert "may".

On page 1, line 12, after "chapter" insert ", but may not allocate any cost, or charge for any risk management services without the consent of the post secondary technical institutes".

Which motion prevailed.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Verchio

Excused:
Bordeaux; Conzet

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 39: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

Was read the second time.

The question being "Shall SB 39 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; Conzet

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 52: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding investment income that is transferred to the general fund and to declare an emergency.

Was read the second time.

The question being "Shall SB 52 pass as amended?"

And the roll being called:

Yeas 48, Nays 20, Excused 2, Absent 0

Yeas:
Anderson; Beal; Bolin; Brunner; Campbell; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Kaiser; Klumb; Langer; Latterell; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bartling; Craig; Feickert; Gibson; Greenfield (Lana); Hawks; Hawley; Hickey; Johns; Killer; Kirschman; Marty; May; McCleerey; Qualm; Rasmussen; Ring; Schoenbeck; Schrempp; Soli

Excused:
Bordeaux; Conzet

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 53: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state aid to general education formula and to revise the property tax levies for the general fund of school districts.

Was read the second time.

Rep. Gosch moved that SB 53 be placed to follow SB 1 on today's calendar.

Which motion prevailed.

SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state aid to special education formula and to revise the property tax levies for special education.

Was read the second time.

The question being "Shall SB 54 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Russell; Verchio

Excused:
Bordeaux; Conzet

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 the House do now recess until 2:00 p.m., which motion prevailed and at 12:05 p.m., the House recessed.

RECESS

The House reconvened at 2:00 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 1195 was lost for failure to be placed on the Senate calendar.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Gosch moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on Wednesday, March 11, the 36^th legislative day.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 55: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2015.

Was read the second time.

The question being "Shall SB 55 pass as amended?"

And the roll being called:

Yeas 61, Nays 7, Excused 2, Absent 0

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

Nays:
Bolin; Gosch; Kaiser; Marty; May; Russell; Schoenbeck

Excused:
Bordeaux; Conzet

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 109: FOR AN ACT ENTITLED, An Act to establish a grant program for adult community residential services designed to reduce the risk of recidivism, to provide a report to the Legislature, and to make an appropriation therefor.

Was read the second time.

109ma

Rep. Munsterman moved that SB 109 be amended as follows:

On page 2, line 4, of the House Appropriations Committee engrossed bill, delete "one hundred fifty" and insert "two dollars ($2)".

On page 2, line 5, delete "thousand dollars ($150,000)".

Which motion prevailed.

The question being "Shall SB 109 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Langer; Russell

Excused:
Bordeaux; Conzet

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 152: 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.

The question being "Shall SB 152 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Schoenbeck; Stevens

Excused:
Bordeaux; Conzet

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 174: FOR AN ACT ENTITLED, An Act to make an appropriation for the Ross Shaft at the Sanford Underground Research Facility and to declare an emergency.

Was read the second time.

174ma

Rep. Romkema moved that SB 174 be amended as follows:

On page 1, line 4, of the House Appropriations Committee engrossed bill, delete "general fund" and insert "employer's investment in South Dakota's future fund".

Which motion prevailed.

The question being "Shall SB 174 pass as amended?"

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Kirschman; Klumb; Langer; Marty; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Kaiser; Killer; Latterell; May; Westra

Excused:
Bordeaux; Conzet

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 176: FOR AN ACT ENTITLED, An Act to provide for the development of online resources and a rubric of textbook analysis for use in school districts, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

176ma

Rep. Gosch moved that SB 176 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 budget reserve fund the sum of eight hundred eighty-five thousand dollars ($885,000), or so much thereof as may be necessary, to the secretary of state for the purpose of updating the computerized data systems in the Office of the Secretary of State.

Section 2. The entire amount appropriated pursuant to section 1 of this Act shall be repaid to the budget reserve fund. The repayment to the budget reserve fund shall take no longer than four years from the date of the appropriation pursuant to section 1 of this Act. Starting on June 1, 2017, the secretary of state shall make annual payments based upon a fifteen year amortization schedule for the outstanding balance due to the budget reserve fund.

Section 3. The secretary of state shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8."

Which motion prevailed.

The question being "Shall SB 176 pass as amended?"

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

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

Nays:
Cronin; Hickey; Kaiser; May; Russell

Excused:
Bordeaux; Conzet

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

The question being on the title.

176mta

Rep. Cronin moved that the title to SB 176 be amended as follows:

On page 1, line 1, of the House Appropriations Committee engrossed bill, delete everything after "to" and insert "enhance the data systems in the Secretary of State's Office, ".

On page 1, line 2, delete everything before "to" .

Which motion prevailed and the title was so amended.

SB 181: FOR AN ACT ENTITLED, An Act to enhance higher education affordability and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 181 pass as amended?"

And the roll being called:

Yeas 59, Nays 8, Excused 3, Absent 0

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

Nays:
Campbell; DiSanto; Dryden; Kaiser; Latterell; Partridge; Russell; Verchio

Excused:
Bordeaux; Conzet; Westra

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 51: FOR AN ACT ENTITLED, An Act to repeal the contingency funds available for unanticipated costs related to medical services and to declare an emergency.

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

The question being "Shall SB 51 pass?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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; Killer; Kirschman; Klumb; Langer; Latterell; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Kaiser; Marty

Excused:
Bordeaux; Conzet

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. Gosch moved that SB 69 and 67 be placed to follow SB 1 on today's calendar.

Which motion prevailed.

Rep. Gosch moved that SB 178 and 179 be placed to follow SB 140 on today's calendar.

Which motion prevailed.

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state aid to general education formula and to revise the property tax levies for the general fund of school districts.

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

53mf

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

On page 4, line 7, of the House Appropriations Committee engrossed bill, after ";" insert "and".

On page 4, line 9, delete everything after "schools" and insert ";".

On page 4, delete lines 10 to 13, inclusive.

On page 5, line 11, delete "seventy-two and" and insert "sixty-eight and four".

On page 5, line 12, delete "seven".

On page 5, delete line 16, and insert "dollar and ~~seventy-eight and two tenths~~ fifty-six and one tenth cents per thousand dollars".

On page 5, line 22, delete "seven" and insert "five".

The Speaker, being in doubt of the voice vote, called for a division of the House.

The Speaker declared Rep. Bolin's motion prevailed.

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

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; 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); Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Partridge; Russell

Excused:
Bordeaux; Conzet

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 1: FOR AN ACT ENTITLED, An Act to revise certain taxes and fees to fund improvements to public roads and bridges in South Dakota and to increase the maximum speed limit on interstate highways.

Was read the second time.

1fab

Rep. Mickelson moved that SB 1 be amended as follows:

On page 9, line 21, of the House State Affairs Committee engrossed bill, delete "One" and insert "A levy not to exceed one".

On page 9, line 23, delete "Ninety" and insert "A levy not to exceed ninety".

On page 10, line 1, delete "Sixty" and insert "A levy not to exceed sixty".

Which motion prevailed.

The question being "Shall SB 1 pass as amended?"

And the roll being called:

Yeas 54, Nays 14, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Craig; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Klumb; Langer; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Brunner; Campbell; DiSanto; Gosch; Hawks; Hickey; Kaiser; Kirschman; Latterell; Marty; May; Russell; Schoenbeck; Schrempp

Excused:
Bordeaux; Conzet

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 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding elections and election petitions.

Was read the second time.

Rep. Gosch moved that SB 69 be placed to follow SB 140 on today's calendar.

Which motion prevailed.

SB 67: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to certain election petition signatures.

Was read the second time.

Rep. Gosch moved that SB 67 be placed to follow SB 69 on today's calendar.

Which motion prevailed.

SB 140: FOR AN ACT ENTITLED, An Act to accommodate legislation relating to education in South Dakota.

Was read the second time.

140ra

Rep. Bolin moved that SB 140 be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. The transgender policy adopted by the board of directors of the South Dakota High School Activities Association at its meeting on June 11, 2014, is hereby declared void. For purposes of participation in athletics sanctioned by the association, the sole determinant of a student's sexual identity is the sexual identity noted on the student's certificate of birth. If no sexual identity is noted on the student's certificate of birth, the sole determinant is the sexual identity noted on the South Dakota High School Activities Association Physical Exam Form that is completed by a health care professional at the student's physical examination."

Which motion prevailed.

The question being "Shall SB 140 pass as amended?"

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

Yeas:
Anderson; Beal; Bolin; Brunner; Campbell; Craig; Deutsch; DiSanto; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Hunt; Kaiser; Klumb; Langer; Latterell; Marty; May; Mickelson; Munsterman; Novstrup (Al); Partridge; Peterson (Kent); Qualm; Rasmussen; Rounds; Russell; Schaefer; Schoenbeck; Solum; Stalzer; Stevens; Tulson; Verchio; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bartling; Cronin; Dryden; Gibson; Hawks; Hawley; Hickey; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Killer; Kirschman; McCleerey; Otten (Herman); Ring; Romkema; Rozum; Schoenfish; Schrempp; Sly; Soli; Werner

Excused:
Bordeaux; Conzet

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

The question being on the title.

140rta

Rep. Bolin moved that the title to SB 140 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "to" and insert "declare void the transgender policy of the South Dakota High School Activities Association and to establish a determinant in identifying a student's sexual identity for the purpose of participation in high school athletics.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding elections and election petitions.

Was read the second time.

69fo

Rep. Mickelson moved that SB 69 be amended as follows:

On page 1, line 10, of the House State Affairs Committee engrossed bill, delete "first" and insert "third".

On page 1, line 11, overstrike everything after "." .

On page 1, overstrike line 12.

On page 1, line 13, overstrike everything before "A" .

On page 2, line 12, delete "first" and insert "third".

On page 2, line 12, overstrike everything after "." .

On page 2, delete line 13 and insert "~~mailed to the secretary of state's office by registered mail by five p.m., the last Tuesday of~~.

On page 2, line 14, overstrike everything before "For" .

On page 2, line 24, delete "first" and insert "third".

On page 5, line 8, overstrike everything after "." .

On page 5, line 9, overstrike everything before "The" .

On page 6, line 6, delete "first" and insert "third".

On page 6, line 8, overstrike everything after "." .

On page 6, delete lines 9 and 10, and insert "~~certification shall be deemed to be filed if mailed by registered mail by five p.m. on the last Tuesday in March.~~".

On page 6, line 13, delete "first" and insert "third".

On page 6, line 18, delete "first" and insert "third".

On page 7, line 6, delete "first" and insert "third".

On page 8, delete lines 1 and 2, and insert "after the ~~last~~ third Tuesday in March at five p.m. ~~If the request is mailed by registered mail not later than two days after the last Tuesday in March at five p.m., the request is property filed.~~".

On page 8, line 8, delete "first" and insert "third".

On page 8, line 20, overstrike everything after "." .

On page 8, line 21, overstrike everything before "The" .

On page 9, line 10, overstrike everything after "." .

On page 9, line 11, overstrike everything before "A" .

On page 10, line 4, overstrike everything after "." .

On page 10, delete line 5 and insert "~~by registered mail by the last Friday in February at five p.m. before the election, it~~.

On page 10, line 6, overstrike everything before "A" .

On page 10, line 23, overstrike everything after "." .

On page 10, delete line 24 and insert "~~is mailed to the secretary of state's office by registered mail by five p.m., the last Tuesday~~"

On page 11, line 1, overstrike everything before "For" .

On page 11, line 11, overstrike everything after "." .

On page 11, line 12, overstrike everything before "The" .

Which motion prevailed.

69fp

Rep. Mickelson moved that SB 69 be further amended as follows:

On page 1, line 8, of the House State Affairs Committee engrossed bill, delete "a the original" and insert "a".

On page 2, line 11, overstrike "eight a.m.,".

On page 3, line 12, after "§ 12-5-1" insert ", the day following the official state canvas".

On page 4, line 23, overstrike "party affiliation" and insert "a recognized political party pursuant to subdivision 12-1-3(10)".

On page 4, line 24, remove the overstrikes from "~~or a nonpolitical~~".

On page 5, line 4, overstrike "filing" and insert "submitting".

On page 5, line 13, after "other" insert ", the day following the official state canvass".

On page 6, line 24, delete "first Tuesday after the first Monday of June" and insert "~~first~~ last Tuesday ~~after the first Monday of June~~ in April".

On page 10, line 22, overstrike "eight a.m., January first" and insert "December first of the year preceding the election".

On page 11, line 14, delete "number of voters having no party affiliation" and insert "number of registered voters having no party affiliation, the day following the official state canvas".

On page 12, line 15, delete "Files" and insert "Submits".

On page 13, line 1, delete "swears and certifies under" and insert "requests in writing, subscribed and sworn to by the candidate before any officer qualified to administer oaths and take acknowledgments".

On page 13, line 2, delete "oath before the secretary of state".

Which motion prevailed.

69fn

Rep. Mickelson moved that SB 69 be further amended as follows:

On page 1, line 8, of the House State Affairs Committee engrossed bill, delete "a the original" and insert "a".

On page 1, line 12, overstrike "last" and insert "first".

On page 1, line 13, overstrike "filed" and insert "received".

On page 2, line 11, overstrike "eight a.m.,".

On page 2, line 14, overstrike "filed" and insert "received".

On page 3, line 12, after "§ 12-5-1" insert ", the day following the official state canvas".

On page 4, line 23, overstrike "party affiliation" and insert "a recognized political party pursuant to subdivision 12-1-3(10)".

On page 4, line 24, remove the overstrikes from "~~or a nonpolitical~~".

On page 5, line 4, overstrike "filing" and insert "submitting".

On page 5, line 13, after "other" insert ", the day following the official state canvass".

On page 6, line 9, overstrike "filed" and insert "received".

On page 6, line 24, delete "first Tuesday after the first Monday of June" and insert "~~first~~ last Tuesday ~~after the first Monday of June~~ in April".

On page 8, line 2, overstrike "filed" and insert "received".

On page 8, line 20, overstrike "filed" and insert "received".

On page 9, line 10, overstrike "filed" and insert "received".

On page 10, line 5, delete "~~last~~ first Friday in ~~February~~ March" and insert "last Friday in February".

On page 10, line 6, overstrike "filed" and insert "received".

On page 10, line 22, overstrike "eight a.m., January first" and insert "December first of the year preceding the election".

On page 10, line 23, overstrike "last" and insert "first".

On page 11, line 1, overstrike "filed" and insert "received".

On page 11, line 14, delete "number of voters having no party affiliation" and insert "number of registered voters having no party affiliation, the day following the official state canvas".

On page 12, line 15, delete "Files" and insert "Submits".

On page 13, line 2, delete "oath before the secretary of state".

Which motion prevailed.

69op

Rep. Hawley moved that SB 69 be further amended as follows:

On page 13, after line 11 of the House State Affairs engrossed bill, insert:

" Section 23. That chapter 12-6 be amended by adding thereto a NEW SECTION to read as follows:

If no candidate submits petitions as a candidate for a legislative office from a recognized political party, the central committee members of the political party of the county or counties of that legislative district may elect a candidate and that candidate may be appointed by the state party chair by the second Tuesday of June.".

Which motion lost.

The question being "Shall SB 69 pass as amended?"

And the roll being called:

Yeas 34, Nays 34, Excused 2, Absent 0

Yeas:
Anderson; Beal; Bolin; Cronin; Dryden; Duvall; Gosch; Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunt; Jensen (Alex); Langer; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Romkema; Rounds; Schaefer; Solum; Stalzer; Stevens; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bartling; Brunner; Campbell; Craig; Deutsch; DiSanto; Feickert; Gibson; Greenfield (Lana); Hawks; Hawley; Hickey; Hunhoff (Jean); Johns; Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; McCleerey; Munsterman; Qualm; Rasmussen; Ring; Rozum; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Tulson

Excused:
Bordeaux; Conzet

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

Rep. Gosch announced his intention to reconsider the vote by which SB 69 lost.

SB 67: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to certain election petition signatures.

Was read the second time.

The question being "Shall SB 67 pass as amended?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Bolin; Brunner; Campbell; Craig; Cronin; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; 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; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Hickey; Schoenbeck; Tulson

Excused:
Beal; Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

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 178: FOR AN ACT ENTITLED, An Act to revise certain programs and authorize certain projects in the Unified Judicial System and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 178 pass?"

And the roll being called:

Yeas 61, Nays 5, Excused 4, Absent 0

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

Nays:
Campbell; DiSanto; Kaiser; May; Russell

Excused:
Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

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. Gosch moved that the House do now reconsider the vote by which SB 69 lost.

The question being on Rep. Gosch's motion to reconsider the vote by which SB 69 lost.

And the roll being called:

Yeas 42, Nays 24, Excused 4, Absent 0

Yeas:
Anderson; Beal; Bolin; Craig; Cronin; DiSanto; Dryden; Duvall; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hickey; Holmes; Hunt; Jensen (Alex); Johns; Langer; Latterell; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Romkema; Rounds; Rozum; Schaefer; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bartling; Brunner; Campbell; Feickert; Gibson; Hawks; Hawley; Hunhoff (Jean); Kaiser; Killer; Kirschman; Klumb; Marty; May; McCleerey; Munsterman; Rasmussen; Ring; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli

Excused:
Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 69 was up for reconsideration and final passage.

Rep. Gosch moved that SB 69 be taken up immediately.

Which motion prevailed.

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding elections and election petitions.

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

69ja

Rep. Hawley moved that SB 69 be amended as follows:

On page 12 of the House State Affairs Committee engrossed bill, delete lines 7 to 24, inclusive.

On page 13, delete lines 1 to 4, inclusive.

Which motion lost.

The question being "Shall SB 69 pass as amended?"

And the roll being called:

Yeas 41, Nays 25, Excused 4, Absent 0

Yeas:
Anderson; Beal; Bolin; Craig; Cronin; DiSanto; Dryden; Duvall; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hickey; Holmes; Hunt; Jensen (Alex); Langer; Latterell; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Romkema; Rounds; Rozum; Schaefer; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Bartling; Brunner; Campbell; Feickert; Gibson; Hawks; Hawley; Hunhoff (Jean); Johns; Kaiser; Killer; Kirschman; Klumb; Marty; May; McCleerey; Munsterman; Rasmussen; Ring; Russell; Schoenbeck; Schoenfish; Schrempp; Sly; Soli

Excused:
Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

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 179: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to record search fees in the Unified Judicial System.

Was read the second time.

179rb

Rep. Gosch moved that SB 179 be amended as follows:

On page 1, line 12, of the printed bill, after "." insert "For any search performed between July 1, 2016, and June 30, 2017, the state treasurer shall place one dollar of the fees collected pursuant to § 16-2-29.5 into the general fund.".

On page 1, line 13, delete "twenty-dollar" and insert "twenty dollar".

Which motion prevailed.

The question being "Shall SB 179 pass as amended?"

And the roll being called:

Yeas 57, Nays 9, Excused 4, Absent 0

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

Nays:
Bartling; Campbell; Cronin; DiSanto; Hawley; Kaiser; Marty; May; Russell

Excused:
Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

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

Was read the second time.

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

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

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Craig; Cronin; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; 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; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Hickey; Westra

Excused:
Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

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

Was read the second time.

Rep. Gosch moved that SB 142 be laid on the table.

The question being on Rep. Gosch's motion that SB 142 be laid on the table.

And the roll being called:

Yeas 62, Nays 4, Excused 4, Absent 0

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

Nays:
Hickey; Latterell; Tulson; Westra

Excused:
Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 142 was tabled.

SB 91: FOR AN ACT ENTITLED, An Act to make an appropriation to support the South Dakota need-based grant program and to declare an emergency.

Was read the second time.

91da

Rep. Cronin moved that SB 91 be amended as follows:

On page 1, line 4, of the House Appropriations Committee engrossed bill, delete "one hundred fifty" and insert "two dollars ($2)".

On page 1, line 5, delete "thousand dollars ($150,000)".

Which motion prevailed.

The question being "Shall SB 91 pass as amended?"

And the roll being called:

Yeas 57, Nays 9, Excused 4, Absent 0

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

Nays:
Campbell; DiSanto; Gosch; Haugaard; Kaiser; May; Partridge; Russell; Schoenbeck

Excused:
Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

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 92: FOR AN ACT ENTITLED, An Act to make an appropriation to support the South Dakota critical teaching needs scholarship program and to declare an emergency.

Was read the second time.

92da

Rep. Cronin moved that SB 92 be amended as follows:

On page 1, line 4, of the House Appropriations Committee engrossed bill, delete "one hundred fifty" and insert "two dollars ($2)".

On page 1, line 5, delete "thousand dollars ($150,000)".

Which motion prevailed.

The question being "Shall SB 92 pass as amended?"

And the roll being called:

Yeas 59, Nays 7, Excused 4, Absent 0

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

Nays:
DiSanto; Gosch; Haugaard; Marty; May; Russell; Schoenbeck

Excused:
Bordeaux; Conzet; Deutsch; Heinemann (Leslie)

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 HB 1021, 1022, 1050, 1128, 1134, 1176, and 1194 were delivered to his Excellency, the Governor, for his approval at 9:15 a.m., March 10, 2015.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HJR 1005 was delivered to her Excellency, the Secretary of State, for filing at 9:15 a.m., March 10, 2015.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1015, 1041, 1046, 1059, 1179, and 1215 and HJR 1002 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1015: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the South Dakota Risk Pool.

HB 1041: FOR AN ACT ENTITLED, An Act to increase certain driver and commercial driver licensing application fees and to dedicate certain revenue for the purpose of operating the driver license program.

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding zero based budgets, budgeting procedures, and the coordination of federally aided programs.

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

HB 1179: FOR AN ACT ENTITLED, An Act to revise the definition of a veteran.

HB 1215: FOR AN ACT ENTITLED, An Act to provide for an optional enhanced permit to carry a concealed pistol.

HJR 1002: 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.

SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the term of the Executive Board of the Legislative Research Council.

SB 168: FOR AN ACT ENTITLED, An Act to establish a task force to study elder abuse in South Dakota.

And signed the same in the presence of the House.

ANNOUNCEMENTS

No member moved to reconsider the vote by which SB 135 lost.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 4:47 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk