The prayer was offered by the Chaplain, Father Ron Garry, followed by the Pledge of
Allegiance led by House pages Maria Lewis, Jordan Poignee, and Brooke Thorson.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirty-fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 10, 2015, I approved House Bill 1097, and the
same has been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 10, 2015, I approved House Bills 1029, 1043,
1060, 1081, 1089, 1090, 1100, 1101, 1102, 1105, 1106, 1121, 1125, 1135, 1137, 1151, 1189,
and 1229, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Conference Committee respectfully reports that it has considered SB 120 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 120 be amended as follows:
I have the honor to return herewith HB 1110, 1147, 1190, 1191, 1192, 1219, and 1228
which have been amended by the Senate and your concurrence in the amendments is respectfully
requested.
I have the honor to inform your honorable body that HB 1169, 1170, and 1171 were tabled.
I have the honor to return herewith HB 1047, 1049, 1185, 1186, 1187, and 1225 which
have passed the Senate without change.
Rep. Gibson moved that the House do concur in Senate amendments to HB 1140.
Rep. Johns moved as a substitute motion that the House do not concur in Senate
amendments to HB 1140 and that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate to adjust the differences between the two
houses.
Which motion prevailed.
Rep. Hawks moved that the House do concur in Senate amendments to HB 1231.
The question being on Rep. Hawks' motion that the House do concur in Senate
amendments to HB 1231.
And the roll being called:
Yeas 65, Nays 1, Excused 4, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Marty; May; McCleerey; Mickelson;
Munsterman; Novstrup (Al); 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
Nays:
Latterell
Excused:
Deutsch; Haugaard; Otten (Herman); Tulson
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.
Which motion prevailed and the Speaker appointed as such committee Reps. Wink, Gosch,
and Hawley.
Rep. Gosch moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine
die for the Ninetieth Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Wink, Gosch,
and Hawley.
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 2.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 95 and has appointed Sens. Holien, Monroe, and Buhl O'Donnell as
a committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
Rep. Gosch moved that the House do now recess until 2:00 p.m., which motion prevailed
and at 11:05 a.m., the House recessed.
The House reconvened at 2:00 p.m., the Speaker presiding.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 11, 2015, I approved House Bills 1013, 1030,
1124, and 1146, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 190 and has appointed Sens. Rave, Brown, and Sutton as a committee
of three on the part of the Senate to meet with a like committee on the part of the House to
adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 92 and has appointed Sens. Rave, Heineman, and Hunhoff as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 91 and has appointed Sens. Rave, Heineman, and Hunhoff as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 174 and has appointed Sens. Tieszen, Haverly, and Solano as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 176 and has appointed Sens. Rave, Brown, and Sutton as a committee
of three on the part of the Senate to meet with a like committee on the part of the House to
adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 152 and has appointed Sens. Soholt, Rampelberg, and White as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 53 and has appointed Sens. Peters, Holien, and Heinert as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 55 and has appointed Sens. Rave, Peters, and Sutton as a committee
of three on the part of the Senate to meet with a like committee on the part of the House to
adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 1 and has appointed Sens. Vehle, Cammack, and Buhl O'Donnell as
a committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 181 and has appointed Sens. Tidemann, Parsley, and Haverly as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 179 and has appointed Sens. Tidemann, Rusch, and Heineman as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 109 and has appointed Sens. Tidemann, Van Gerpen, and Parsley as
a committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 54 and has appointed Sens. Peters, Parsley, and Holien as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 106 and has appointed Sens. Otten, Soholt, and Parsley as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
The Speaker appointed Reps. Johns, Hunt, and Gibson 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 HB 1140.
The Speaker appointed Reps. Craig, Hickey, and Haugaard 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 95.
The Speaker appointed Reps. Munsterman, Stevens, and Bartling 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 190.
Rep. Gosch moved that the House do not concur in Senate amendments to HB 1110 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed.
Rep. Sly moved that the House do not concur in Senate amendments to HB 1147 and that
a committee of three on the part of the House be appointed to meet with a like committee on the
part of the Senate to adjust the differences between the two houses.
Which motion prevailed.
Rep. Cronin moved that the House do not concur in Senate amendments to HB 1190 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed.
Rep. Cronin moved that the House do not concur in Senate amendments to HB 1191 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed.
Which motion prevailed.
Rep. Peterson moved that the House do concur in Senate amendments to HB 1219.
The question being on Rep. Peterson's motion that the House do concur in Senate
amendments to HB 1219.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Hickey; Holmes; Hunhoff (Jean);
Hunt; Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May;
McCleerey; Mickelson; Munsterman; Novstrup (Al); 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:
Otten (Herman)
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Cronin moved that the House do concur in Senate amendments to HB 1228.
Rep. Novstrup moved as a substitute motion that the House do not concur in Senate
amendments to HB 1228 and that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate to adjust the differences between the two
houses.
The Speaker, being in doubt of the voice vote, called for a division of the House.
The Speaker declared Rep. Novstrup's motion lost.
And the roll being called:
Yeas 45, Nays 24, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson;
Gosch; Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean);
Jensen (Alex); Johns; Langer; McCleerey; Mickelson; Munsterman; Partridge; Peterson (Kent);
Rasmussen; Romkema; Rounds; Rozum; Schoenbeck; Schoenfish; Schrempp; Sly; Solum;
Stalzer; Stevens; Tulson; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Bordeaux; Brunner; Campbell; Craig; DiSanto; Greenfield (Lana); Haugaard; Hickey; Hunt;
Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; Novstrup (Al); Qualm; Ring; Russell;
Schaefer; Soli; Verchio; Werner
Excused:
Otten (Herman)
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
Rep. Cronin announced his intention to reconsider the vote by which HB 1228 lost.
Rep. Gosch moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Thursday, March 12, the 37th legislative day.
Which motion prevailed.
Rep. Schoenbeck moved that the report of the Conference Committee on SB 120 as found
on page 716 of the House Journal be adopted.
The question being on Rep. Schoenbeck's motion that the report of the Conference
Committee on SB 120 be adopted.
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Nays:
Haugaard; Schrempp
Excused:
Otten (Herman)
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the report was adopted.
Rep. Gosch moved that the House do now recess until 3:35 p.m., which motion prevailed
and at 2:46 p.m., the House recessed.
The House reconvened at 3:35 p.m., the Speaker presiding.
The Speaker appointed Reps. Anderson, Sly, and Hawks 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 HB 1147.
The Speaker appointed Reps. Langer, Hunhoff, and Soli 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 HB 1190.
The Speaker appointed Reps. Dryden, Jensen, and Hawley 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 181.
The Speaker appointed Reps. Westra, Langer, and Schrempp 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 176.
The Speaker appointed Reps. Bolin, Romkema, and Killer 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 174.
The Speaker appointed Reps. Haggar, Verchio, and Bordeaux 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 152.
The Speaker appointed Reps. Stevens, Hunhoff, and McCleerey 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 109.
The Speaker appointed Reps. Wink, Partridge, 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 92.
The Speaker appointed Reps. Mickelson, Cronin, and Ring 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 91.
The Speaker appointed Reps. Gosch, Cronin, and Hawley 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 55.
The Speaker appointed Reps. Westra, Haggar, and Feickert 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 1.
The Speaker appointed Reps. Cronin, Jensen, and Bordeaux 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 54.
The Speaker appointed Reps. Cronin, Haggar, and Hawks 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 53.
There being no objection, the House reverted to Order of Business No. 8.
Rep. Gosch moved that the House do now reconsider the vote by which HB 1228 lost and
immediately consider HB 1228 and concur with the Senate amendments.
The question being on Rep. Gosch's motion to reconsider the vote by which HB 1228 lost
and immediately consider HB 1228 and concur with the Senate amendments.
And the roll being called:
Yeas 46, Nays 23, Excused 1, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson;
Gosch; Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean);
Jensen (Alex); Johns; Langer; McCleerey; Mickelson; Munsterman; Partridge; Peterson (Kent);
Rasmussen; Romkema; Rounds; Rozum; Schoenbeck; Schoenfish; Schrempp; Sly; Solum;
Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker
Wink
Nays:
Bordeaux; Brunner; Campbell; Craig; DiSanto; Greenfield (Lana); Haugaard; Hickey; Hunt;
Kaiser; Killer; Kirschman; Klumb; Latterell; Marty; May; Novstrup (Al); Qualm; Ring; Russell;
Schaefer; Soli; Verchio
Excused:
Otten (Herman)
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the Speaker declared the motion lost.
The Speaker, being in doubt of the voice vote, called for a division of the House.
The Speaker declared Rep. Gosch's motion prevailed.
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 140 and has appointed Sens. White, Heinert, and Jensen as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
I have the honor to inform your honorable body that the Senate has appointed
Sens. Tieszen, Rusch, and Buhl O'Donnell as a committee of three on the part of the Senate to
meet with a like committee on the part of the House to adjust the differences between the two
houses on HB 1140.
The Committee on Legislative Procedure respectfully reports that HB 1080, 1107, 1118,
1143, 1145, 1201, 1209, and 1235 were delivered to his Excellency, the Governor, for his
approval at 9:45 a.m., March 11, 2015.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1047, 1049, 1185, 1186, 1187, and 1225 and finds
the same correctly enrolled.
The Speaker publicly read the title to
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions
relating to the General Appropriations Act for fiscal year 2013.
HB 1049: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding
reversions of appropriations for a repealed tax refund program.
HB 1185: FOR AN ACT ENTITLED, An Act to make an appropriation for property and
casualty loss coverage, to establish the property and casualty captive insurance company fund
for state properties, and to declare an emergency.
HB 1186: FOR AN ACT ENTITLED, An Act to revise an appropriation made to the
Science and Technology Authority.
HB 1187: FOR AN ACT ENTITLED, An Act to make an appropriation for liability
coverage for the South Dakota Building Authority, South Dakota Health and Educational
Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth
Development Authority, and South Dakota Educational Enhancement Funding Corporation, to
establish the liability captive insurance company fund, and to declare an emergency.
HB 1225: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized commercial use
of a personality's right of publicity and provide a civil remedy therefor.
SB 13: FOR AN ACT ENTITLED, An Act to require certain persons convicted for human
trafficking to register as sex offenders.
SB 33: FOR AN ACT ENTITLED, An Act to extend resident tuition eligibility to the
spouses and children of active duty military personnel and of qualifying veterans.
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.
SB 60: FOR AN ACT ENTITLED, An Act to provide newborn screening of inherited and genetic disorders.
SB 70: FOR AN ACT ENTITLED, An Act to require that the mandatory reporter who
witnessed the disclosure or evidence of child abuse or neglect be available to answer questions
when the initial report is made.
SB 73: FOR AN ACT ENTITLED, An Act to improve public safety regarding juvenile
justice.
SB 97: FOR AN ACT ENTITLED, An Act to revise the allowable penalties for a person
admitted to drug court.
SB 125: FOR AN ACT ENTITLED, An Act to revise the minimum suspension
requirements for students participating in extracurricular activities.
SB 131: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding stray
electrical current and voltage remediation.
SB 136: FOR AN ACT ENTITLED, An Act to exclude certain municipal taxes from the
gross receipts used to determine the tax liability for customers served by electric cooperatives
and electric utilities.
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.
SB 186: FOR AN ACT ENTITLED, An Act to revise the procedure for the execution of
a warrant.
SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital
outlay certificates and lease purchase agreements of school districts and the pledge of state aid
to education funds to secure such obligations.
And signed the same in the presence of the House.
Rep. Anderson moved that the House do now adjourn, which motion prevailed and at
4:36 p.m. the House adjourned.