The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House page Kelly Colburn.
Roll Call: All members present except Reps. Bordeaux, Kaiser, Killer, and May 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 eighth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Kelly Colburn, Lyndsey Effling, Logan Ellingson, Kimberly Grambihler, Isabella Hagg,
Timber Hudson, Amber Hulse, Kylie Krcil, Conrad Mohr-Eymer, Cory Murphy, Emma Pease,
Georgialee Quail, Joshua Vaith.
Which was subscribed to and placed on file in the office of the Secretary of State.
Speaker Wink introduced the 2015 Tabor Czech Days Royalty: Queen Madison Dangler,
Princess Elyse Torsney, and Prince Memphis Kaul.
Rep. Sly introduced Gina Benz of Sioux Falls Roosevelt High School, the South Dakota
2015 Milken Educator.
Rep. Sly introduced Sarah Lutz of Ft. Pierre Stanley County Elementary, the South Dakota
2016 Teacher of the Year.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1008 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1056 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1059 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1074 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1057 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1048 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HCR 1001 in which the Senate has concurred.
I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and
your concurrence is respectfully requested.
I have the honor to transmit herewith SB 30, 31, 33, 35, and 53 which have passed the
Senate and your favorable consideration is respectfully requested.
SCR 1: A CONCURRENT RESOLUTION, To show support for family caregivers.
Was read the first time and the Speaker waived the committee referral.
Rep. Gosch moved that the reports of the Standing Committees on
State Affairs on HB 1060 as found on page 146 of the House Journal; also
Which motion prevailed.
The following bill was read on Friday, January 22, and today the Speaker assigned this
bill to committee.
HB 1083 was referred to the Committee on Taxation.
HB 1088 Introduced by: Representatives Haggar (Don), Brunner, Klumb, Rounds, Stalzer,
Steinhauer, Verchio, Wiik, and Willadsen and Senators Brown, Haggar (Jenna), and Shorma
FOR AN ACT ENTITLED, An Act to revise and consolidate certain civil forfeiture
provisions.
Was read the first time and referred to the Committee on Judiciary.
HB 1089 Introduced by: Representatives Schoenfish and Soli and Senators Peters and
Heinert
FOR AN ACT ENTITLED, An Act to revise provisions for accumulation of funds for
certain municipal enterprises.
Was read the first time and referred to the Committee on Local Government.
HB 1090 Introduced by: Representatives Dryden, Anderson, Bartling, Cronin, Hunhoff
(Jean), Hunt, Jensen (Alex), Mickelson, and Romkema and Senators Novstrup (David),
Heineman (Phyllis), Peters, Sutton, Tidemann, and White
FOR AN ACT ENTITLED, An Act to require certain statements and audits concerning
insurance pooling arrangements to be filed with the Department of Legislative Audit.
Was read the first time and referred to the Committee on Commerce and Energy.
FOR AN ACT ENTITLED, An Act to establish certain requirements regarding insurance
for vehicles used to provide rides for a transportation network company and to exempt drivers
and vehicles used to provide these rides from certain commercial licensing requirements.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1092 Introduced by: Representatives Willadsen, Hunhoff (Jean), Kirschman, and
Stevens and Senators Hunhoff (Bernie) and Tidemann
FOR AN ACT ENTITLED, An Act to revise requirements for local permits for the sale
and consumption of alcoholic beverages on certain property abutting licensed establishments.
Was read the first time and referred to the Committee on Local Government.
HB 1093 Introduced by: Representatives Schoenbeck, Bartling, Bolin, Cronin, Deutsch,
DiSanto, Dryden, Duvall, Gibson, Harrison, Hawks, Hunhoff (Jean), Johns, Novstrup (Al),
Rasmussen, Solum, Wiik, and Wollmann and Senators Tieszen, Buhl O'Donnell, Ewing,
Haverly, Heinert, Holien, Monroe, Novstrup (David), Olson, Rusch, Shorma, Solano, Vehle,
and White
FOR AN ACT ENTITLED, An Act to revise certain provisions that prohibit a defendant
from contacting a victim before a court appearance.
Was read the first time and referred to the Committee on Judiciary.
HB 1094 Introduced by: Representatives Qualm, Campbell, Craig, Duvall, Feickert,
Harrison, Klumb, Marty, McCleerey, Mickelson, Otten (Herman), Peterson (Kent), Schaefer,
Schoenfish, Schrempp, Verchio, and Wiik and Senators Tidemann, Cammack, Ewing, Frerichs,
Hunhoff (Bernie), Olson, Otten (Ernie), Peterson (Jim), Rusch, Vehle, and White
FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer inspection fee for
purposes of fertilizer-related research and education and to create the Nutrient Research and
Education Council to promote such research and education.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
FOR AN ACT ENTITLED, An Act to revise certain allowable time periods regarding the
transfer of vehicle ownership.
Was read the first time and referred to the Committee on Transportation.
HB 1096 Introduced by: Representatives Bolin, Haggar (Don), Haugaard, Latterell, Qualm,
Rasmussen, Stalzer, Verchio, and Wiik and Senators Haggar (Jenna), Jensen (Phil), Olson, and
Van Gerpen
FOR AN ACT ENTITLED, An Act to provide for the exemption of certain students from
the requirement to take certain academic assessment tests.
Was read the first time and referred to the Committee on Education.
HB 1097 Introduced by: Representatives Haggar (Don), Brunner, Haugaard, Klumb,
Stalzer, Stevens, Verchio, Wiik, Willadsen, and Wollmann and Senators Brown, Greenfield
(Brock), Haverly, and Peters
FOR AN ACT ENTITLED, An Act to exempt certain taxes and fees from the gross
receipts tax on telecommunications services.
Was read the first time and referred to the Committee on Taxation.
HB 1098 Introduced by: Representatives Bolin, Deutsch, Haggar (Don), Haugaard, Johns,
Latterell, Novstrup (Al), Qualm, Rasmussen, and Sly and Senators Haggar (Jenna), Novstrup
(David), Tieszen, and Van Gerpen
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption
of motor vehicles from the motor vehicle excise tax.
Was read the first time and referred to the Committee on Taxation.
HB 1099 Introduced by: Representatives Rozum and Soli and Senators Olson, Heinert, and
Sutton
FOR AN ACT ENTITLED, An Act to revise certain campaign finance provisions.
Was read the first time and referred to the Committee on State Affairs.
SB 30: FOR AN ACT ENTITLED, An Act to provide that Department of Corrections
employees are excluded from concealed weapons permit requirements when on duty and acting
under the color of authority.
Was read the first time and referred to the Committee on Judiciary.
SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sentencing and supervision of prison inmates and parolees with suspended sentences.
Was read the first time and referred to the Committee on Judiciary.
SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding chemical
testing and revocations of driver licenses for persons under the age of twenty-one.
Was read the first time and referred to the Committee on Judiciary.
SB 35: FOR AN ACT ENTITLED, An Act to update references to certain federal motor
carrier regulations.
Was read the first time and referred to the Committee on Transportation.
SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
bank franchise tax.
Was read the first time and referred to the Committee on Taxation.
HB 1004: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain
statutes regarding counties.
Was read the second time.
The question being "Shall HB 1004 pass as amended?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Excused:
Bordeaux; Kaiser; Killer; May
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 1052: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage business
restrictions on Department of Revenue employees.
Was read the second time.
The question being "Shall HB 1052 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto;
Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kirschman; Klumb; Langer; Latterell; 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; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen;
Wollmann; Zikmund; Speaker Wink
Excused:
Bordeaux; Kaiser; Killer; May
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 1055 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto;
Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex);
Johns; Kirschman; Klumb; Langer; Latterell; 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; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen;
Wollmann; Zikmund; Speaker Wink
Excused:
Bordeaux; Kaiser; Killer; May
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1009: FOR AN ACT ENTITLED, An Act to revise the distribution of the legislative
manual.
Was read the second time.
Rep. Gosch moved that HB 1009 be laid on the table.
The question being on Rep. Gosch's motion that HB 1009 be laid on the table.
And the roll being called:
Yeas 48, Nays 17, Excused 5, Absent 0
Nays:
Brunner; Campbell; DiSanto; Gibson; Haggar (Don); Hawks; Hunhoff (Jean); Klumb; Novstrup
(Al); Rasmussen; Rounds; Rozum; Schoenbeck; Schoenfish; Werner; Wiik; Wollmann
Excused:
Bordeaux; Conzet; Kaiser; Killer; May
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1009 was tabled.
HB 1040: FOR AN ACT ENTITLED, An Act to revise and implement certain provisions
regarding the regulation of risk retention groups.
Was read the second time.
The question being "Shall HB 1040 pass?"
And the roll being called:
Yeas 65, Nays 0, Excused 5, 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); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns;
Kirschman; Klumb; Langer; Latterell; 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; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann;
Zikmund; Speaker Wink
Excused:
Bordeaux; Conzet; Kaiser; Killer; May
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 1033 pass?"
And the roll being called:
Yeas 64, Nays 1, Excused 5, 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); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns;
Kirschman; Klumb; Langer; Latterell; 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; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund;
Speaker Wink
Nays:
Verchio
Excused:
Bordeaux; Conzet; Kaiser; Killer; May
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 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
campaign finance requirements.
Was read the second time.
The question being "Shall HB 1036 pass?"
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Excused:
Bordeaux; Conzet; Kaiser; Killer; May
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1053: FOR AN ACT ENTITLED, An Act to repeal the provisions imposing and
administering the amusement device tax and registration.
Was read the second time.
Rep. Gosch moved that HB 1053 be deferred to Tuesday, January 26, the 10th legislative
day.
Which motion prevailed.
HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
licensure of massage therapists.
Was read the second time.
And the roll being called:
Yeas 62, Nays 2, Excused 6, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Craig; Cronin; Deutsch; DiSanto; Dryden;
Duvall; Feickert; Gibson; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks;
Hawley; Heinemann (Leslie); 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; Steinhauer; Stevens;
Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Latterell; Verchio
Excused:
Bordeaux; Conzet; Gosch; Kaiser; Killer; May
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 1005: FOR AN ACT ENTITLED, An Act to revise and repeal certain fees that are
established to compensate counties for services provided by county officials.
Was read the second time.
Rep. Westra moved that HB 1005 be deferred to Tuesday, January 26, the 10th legislative
day.
Which motion prevailed.
HB 1039: FOR AN ACT ENTITLED, An Act to revise various trust and trust company
provisions and to establish and regulate South Dakota special spousal trusts.
Was read the second time.
A roll call vote was requested and supported.
The question being on Rep. Bartling's motion that HB 1039 be amended.
And the roll being called:
Yeas 36, Nays 29, Excused 5, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Craig; Deutsch; Feickert; Gibson; Greenfield (Lana);
Hawks; Hawley; Heinemann (Leslie); Hunhoff (Jean); Johns; Kirschman; Klumb; Marty;
McCleerey; Novstrup (Al); Otten (Herman); Partridge; Qualm; Rasmussen; Ring; Romkema;
Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Wollmann
Nays:
Campbell; Cronin; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Harrison; Haugaard;
Holmes; Hunt; Jensen (Alex); Langer; Latterell; Mickelson; Munsterman; Peterson (Kent);
Rounds; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen;
Zikmund; Speaker Wink
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried.
The question being "Shall HB 1039 pass as amended?"
And the roll being called:
Yeas 65, Nays 0, Excused 5, 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); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns;
Kirschman; Klumb; Langer; Latterell; 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; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann;
Zikmund; Speaker Wink
Excused:
Bordeaux; Conzet; Kaiser; Killer; May
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 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
alternative instruction achievement tests for children excused from school attendance.
Was read the second time.
The question being "Shall HB 1013 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Excused:
Bordeaux; Kaiser; Killer; May
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 1014: FOR AN ACT ENTITLED, An Act to authorize the sale of certain surplus real
estate and to provide for the deposit of the proceeds.
Was read the second time.
Rep. Gosch moved that HB 1014 be deferred to Tuesday, January 26, the 10th legislative
day.
Which motion prevailed.
Rep. Gosch moved that the balance of the calendar including HB 1062 and 1063 be
deferred to Tuesday, January 26, the 10th legislative day.
Which motion prevailed.
Rep. Anderson moved that the House do now adjourn, which motion prevailed and at
3:13 p.m. the House adjourned.