House of Representatives Journal 2/3/2016 02:00 PM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 3, 2016

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Mercy Hobbs, followed by the Pledge of Allegiance led by House pages Amber Hulse and Kylie Krcil.

Roll Call: All members present except Reps. Kaiser and Killer 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 thirteenth 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,

Which motion prevailed.

Rep. Sly introduced the 2014 - 2015 Outstanding School Administrators of South Dakota: Tim Graf, superintendent, Milbank; Dr. Sandra Huber Henry, curriculum director, Sioux Falls; Merna Bye, business manager, Corsica; Rhonda Zinter, special education director, Milbank; Brad Olinger, elementary principal, Flandreau; Chad Allison, middle school principal, Lennox; Jim Aisenbrey, secondary principal, Baltic; and Mike Radke, assistant secondary principal, Huron.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, delete everything after "policy" and insert "without the consent of the Legislature.".

On page 1, delete lines 7 to 9, inclusive.

On page 1, line 10, delete everything before "Any" .

On page 1, line 1, of the printed bill, delete everything after "establish" and insert "certain procedures regarding a transgender policy for the purposes".

On page 1, line 2, delete "identity for purpose".

On page 1, line 3, delete "or future".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the printed bill, after "injury" insert ", or any state employee acting within the scope of employment".

And that as so amended said bill do pass.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1085 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
G. Mark Mickelson, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1061 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 1, of the printed bill, after "Regents" insert "based on the in-state resident tuition rate".

And that as so amended said bill be referred to the Joint Committee on Appropriations.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1096 which was tabled.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1111 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jacqueline Sly, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1002 and 1003 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1030, 1032, 1038, and 1041 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 10, 11, 17, 18, 24, 25, 34, 65, and 68 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1004: A CONCURRENT RESOLUTION, Expressing support for the property rights of ranch and range allotment owners.

Rep. DiSanto moved that HCR 1004 as found on page 231 of the House Journal be adopted.

The question being on Rep. DiSanto's motion that HCR 1004 be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; 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; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Excused:
Kaiser; Killer

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

HCR 1005 Introduced by: Representatives Wiik, Anderson, Beal, Bolin, Brunner, Campbell, Craig, Cronin, Deutsch, DiSanto, Duvall, Feickert, Gosch, Greenfield (Lana), Haggar (Don), Harrison, Haugaard, Heinemann (Leslie), Holmes, Hunt, Johns, Klumb, Langer, May, McCleerey, Mickelson, Munsterman, Otten (Herman), Partridge, Peterson (Kent), Qualm, Rasmussen, Rounds, Rozum, Schaefer, Schoenbeck, Schoenfish, Sly, Solum, Stalzer, Steinhauer, Stevens, Tulson, Verchio, Werner, Westra, Willadsen, Wink, Wollmann, and Zikmund and Senators Peterson (Jim), Brown, Curd, Ewing, Fiegen, Frerichs, Greenfield (Brock), Haggar (Jenna), Holien, Jensen (Phil), Monroe, Olson, Omdahl, Otten (Ernie), Peters, Rampelberg, Rusch, Shorma, Solano, Tidemann, Tieszen, Van Gerpen, Vehle, and White

A CONCURRENT RESOLUTION, Urging the federal government to refrain from enacting regulations that threaten the reliability and affordability of electric power in the northern great plains.

WHEREAS, the citizens of South Dakota benefit from adequate, efficient, and affordable electricity, a reliable electricity grid, and a diverse mix of generation sources; and

WHEREAS, having affordable electricity is vital to South Dakota jobs, economy, and the well-being of its citizens; and

WHEREAS, high energy costs particularly affect low income and elderly persons; and

WHEREAS, over the last several years, the United States Environmental Protection Agency has proposed several regulations that would enact a de facto ban on the construction of new, efficient, and cost-effective coal-fired power plants, and threaten the continued operation of existing coal-fired power plants; and

WHEREAS, in 2015 the United States Office of Surface Mining, Reclamation, and Enforcement has proposed regulations that could significantly restrict access to the vast coal reserves in North Dakota and Wyoming, on which South Dakota electric consumers rely; and

WHEREAS, in January 2016, the Department of the Interior announced a moratorium on new federal coal leases at the urging of President Obama during his State of the Union Address; and

WHEREAS, the United States Environmental Protection Agency's Clean Power Plan is estimated to cost the American economy more than three hundred billion dollars, with no measurable reduction in global carbon dioxide levels; and

WHEREAS, the United States Environmental Protection Agency's proposed regulations for carbon dioxide emissions from new and existing coal-fired power plants go beyond the authority provided by existing federal statutes; and

WHEREAS, if the federal government continues to issue regulations and administrative actions that are not based on sound science, economic, and a technological reality, it will have significant impact on consumer electricity costs, and the utilities that serve South Dakota will struggle to provide low-cost, reliable electricity; and

WHEREAS, the cumulative effects of proposed federal regulations present a significant threat to the viability and dependability of the northern great plains' electric grid:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-First Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature of the State of South Dakota urges the federal government to refrain from continuing to impose regulations and other administrative actions that prohibit or restrict the ability of utilities to continue providing low-cost and reliable power; and

BE IT FURTHER RESOLVED, that the United States Environmental Protection Agency refrain from finalizing regulations for carbon dioxide emission standards which requires new coal-fired power plants to meet an emission standard that is not achievable with current commercial technology, and which prematurely requires retirement or curtailment of existing coal-fired power plants; and

BE IT FURTHER RESOLVED, that the Legislature urges the federal government to work with this state, the South Dakota congressional delegation, and the utilities that serve South Dakota electricity consumers to design and implement regulatory programs that are based on sound science, recognize the status of existing technology and development timelines, and that make economic sense for South Dakota businesses and consumers; and

BE IT FURTHER RESOLVED, that the chief clerk of the House of Representatives forward copies of this resolution by certified mail, return receipt requested, to the President of the United States, the Administrator of the United States Environmental Protection Agency, and each member of the South Dakota congressional delegation.

Was read the first time and the Speaker waived the committee referral.

HCR 1006 Introduced by: Representatives Hunhoff (Jean), Bartling, Feickert, Gibson, Gosch, Hawks, Hawley, May, Mickelson, Munsterman, Qualm, Schoenfish, Schrempp, and Soli and Senators Hunhoff (Bernie), Bradford, Buhl O'Donnell, Curd, Frerichs, Greenfield (Brock), Heinert, Parsley, Peters, Peterson (Jim), Soholt, Solano, Sutton, and Tidemann

A CONCURRENT RESOLUTION, Commending and recognizing the numerous contributions made by South Dakota's social workers and recognizing March 2016 as Social Work Month.

WHEREAS, the primary mission of the social work profession is to enhance well-being and help meet the basic needs of all people, especially the most vulnerable in society; and

WHEREAS, social work is one of the fastest growing careers in the United States with more than 600,000 members of the profession and 700 members of the profession in South Dakota; and

WHEREAS, social workers work in all areas of our society to improve health, happiness, and prosperity, including in governmental and social service agencies, schools, universities, communities, the military, as well as mental health, hospital, and long term care facilities; and

WHEREAS social workers embody daily this year's theme for Social Work Month, "Forging Solutions out of Challenges," by helping individuals, communities, and the larger society tackle and solve issues that confront them; and

WHEREAS, social workers have helped this nation live up to its ideals by successfully promoting equal rights for all; and

WHEREAS, social workers have helped people in this nation overcome racial strife and

economic and health care uncertainty by successfully advocating for initiatives such as Medicaid, unemployment insurance, workplace safety, Social Security benefits, civil rights,

and affordable and accessible health care; and

WHEREAS, social workers are the largest group of mental health care providers in the United States and work daily to help people overcome depression, anxiety, substance abuse, and other disorders so they can lead more fulfilling lives; and

WHEREAS, the United States Department of Veterans Affairs employs more than 12,000 professional social workers who help bolster our nation's security by providing support to active duty military personnel, veterans, and their families; and

WHEREAS, thousands of child, family, and school social workers across the country provide assistance to protect children and improve the social and psychological functioning of children and their families; and

WHEREAS, social workers help children find loving homes and create new families through adoption; and

WHEREAS, school social workers work with families and schools to foster future generations by ensuring students reach their full academic and personal potential; and

WHEREAS, social workers work with older adults and their families to improve their quality of life, the ability to live independently as long as possible, and get access to quality health care and mental health services; and

WHEREAS, social workers have helped the United States and other nations overcome earthquakes, floods, wars, and other disasters by helping survivors get services such as food, shelter, and health care as well as mental health services to address stress and anxiety:

BE IT FURTHER RESOLVED, that the Legislature designates March 2016 as National Social Work Month and calls upon all South Dakotans to join with the National Association of Social Workers, the South Dakota Chapter, and the State of South Dakota in celebration and support of the social work profession.

Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1079 as found on page 228 of the House Journal; also

Transportation on HB 1113 as found on page 229 of the House Journal; also

Local Government on HB 1102 as found on page 229 of the House Journal; also

Agriculture and Natural Resources on HB 1054 as found on page 230 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

The following bills were read on Tuesday, February 2, and today the Speaker assigned these bills to committee.

HB 1177 was referred to the Committee on Taxation.

HB 1178 was referred to the Committee on Local Government.

HB 1179 was referred to the Committee on Taxation.

HB 1180 was referred to the Committee on Agriculture and Natural Resources.

HB 1181 was referred to the Committee on Health and Human Services.

HB 1183 was referred to the Committee on Judiciary.

HB 1184 was referred to the Committee on Transportation.

HB 1185 was referred to the Committee on Agriculture and Natural Resources.

HB 1186 Introduced by: Representatives Heinemann (Leslie), Anderson, Campbell, Craig, Deutsch, Gibson, Kirschman, Munsterman, Novstrup (Al), Otten (Herman), Stalzer, Wollmann, and Zikmund and Senators Holien, Haggar (Jenna), Monroe, Peterson (Jim), and Tieszen

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of dentistry and to dental corporations.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1187 Introduced by: Representatives Rasmussen, Bartling, Bolin, Brunner, Campbell, Craig, DiSanto, Feickert, Gibson, Greenfield (Lana), Haggar (Don), Harrison, Heinemann (Leslie), Holmes, Hunhoff (Jean), Hunt, Klumb, Langer, Latterell, Mickelson, Munsterman, Qualm, Rozum, Schoenbeck, Schoenfish, Stalzer, Tulson, Verchio, Werner, Wiik, Willadsen, Wollmann, and Zikmund and Senators Rusch, Ewing, Frerichs, Haggar (Jenna), Olson, Peterson (Jim), and Shorma

FOR AN ACT ENTITLED, An Act to allow the Office of the Secretary of State to refuse to file certain documents.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1188 Introduced by: Representatives Westra, Bolin, Haggar (Don), Langer, Mickelson, Sly, Stevens, and Wink and Senators Novstrup (David), Curd, and Heineman (Phyllis)

FOR AN ACT ENTITLED, An Act to exempt certain operations of school buses from commercial motor vehicle fees.

Was read the first time and referred to the Committee on Transportation.

HB 1189 Introduced by: Senator Jensen (Phil) and Representatives May, Bolin, Campbell, DiSanto, Haugaard, Russell, and Wiik

FOR AN ACT ENTITLED, An Act to allow a state-mandated academic achievement test taken by a student to be returned to the student under certain circumstances

Was read the first time and referred to the Committee on Education.

HB 1190 Introduced by: Representatives Mickelson, Gosch, Hawley, Westra, and Wink and Senators Rusch, Cammack, Frerichs, and Solano

FOR AN ACT ENTITLED, An Act to enhance customer convenience in firearms transactions, improve public safety, and provide for the issuance of an additional concealed pistol permit.

Was read the first time and referred to the Committee on State Affairs.

HB 1191 Introduced by: Representatives Holmes, Deutsch, Heinemann (Leslie), McCleerey, Munsterman, Rozum, Soli, Stalzer, Steinhauer, Tulson, Verchio, and Wollmann

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the critical teaching needs scholarship program.

Was read the first time and referred to the Committee on Education.

HB 1192 Introduced by: Representatives McCleerey, Bartling, Feickert, Kirschman, Ring, and Schrempp and Senator Peterson (Jim)

FOR AN ACT ENTITLED, An Act to prohibit certain inquiries during a public employment application process about an applicant's criminal history and to provide a penalty for a violation thereof.

Was read the first time and referred to the Committee on Judiciary.

HB 1193 Introduced by: Representatives McCleerey, Bartling, Feickert, Kirschman, Ring, and Schrempp and Senator Peterson (Jim)

FOR AN ACT ENTITLED, An Act to prohibit certain inquiries about criminal records during any initial employment application process and to provide a penalty for a violation thereof.

Was read the first time and referred to the Committee on Judiciary.

HB 1194 Introduced by: Representatives Kirschman, Mickelson, Otten (Herman), Schoenbeck, Verchio, and Zikmund and Senator Peterson (Jim)

FOR AN ACT ENTITLED, An Act to revise the authority of state's attorneys to take action regarding certain local open government violations.

Was read the first time and referred to the Committee on Local Government.

HB 1195 Introduced by: Representatives Kirschman, Bartling, Schoenbeck, Verchio, and Zikmund and Senator Peterson (Jim)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding ballots used in municipal referendum elections.

Was read the first time and referred to the Committee on Local Government.

HB 1196 Introduced by: Representatives Kirschman, Bartling, Schoenbeck, Verchio, and Zikmund and Senator Peterson (Jim)

FOR AN ACT ENTITLED, An Act to create a deadline for the preparation of statements for municipal referendum ballots.

Was read the first time and referred to the Committee on Local Government.

HB 1197 Introduced by: Representatives Bordeaux and Kirschman and Senator Buhl O'Donnell

FOR AN ACT ENTITLED, An Act to prohibit hydraulic fracturing.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1198 Introduced by: Representatives DiSanto, Bordeaux, Deutsch, Gosch, Hawks, Langer, May, McCleerey, Sly, and Wiik and Senators Olson, Greenfield (Brock), and Haggar (Jenna)

FOR AN ACT ENTITLED, An Act to recognize dyslexia as a learning disability.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1199 Introduced by: Representatives DiSanto, Beal, Bordeaux, Brunner, Campbell, Latterell, Marty, May, Verchio, Wiik, and Wollmann and Senators Jensen (Phil), Greenfield (Brock), Haggar (Jenna), and Olson

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the minimum age to procure hunting and fishing licenses.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1200 Introduced by: Representatives DiSanto, Bordeaux, Brunner, Campbell, Deutsch, Gosch, Greenfield (Lana), Langer, Latterell, Marty, May, Stalzer, Tulson, Verchio, Wiik, and Wollmann and Senators Jensen (Phil), Greenfield (Brock), Haggar (Jenna), and Olson

FOR AN ACT ENTITLED, An Act to require the Game, Fish and Parks Commission to provide for an earlier archery deer hunting season.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1201 Introduced by: Representatives Hunhoff (Jean), Bartling, Bordeaux, Conzet, Duvall, Haggar (Don), Hawley, Johns, Munsterman, Peterson (Kent), Romkema, Rounds, Sly, and Stevens and Senators Tidemann, Buhl O'Donnell, Parsley, Peters, and White

FOR AN ACT ENTITLED, An Act to make an appropriation for teen court programs in South Dakota and to declare an emergency.

Was read the first time and referred to the Joint Committee on Appropriations.

HB 1202 Introduced by: Representatives Stalzer, Anderson, Bartling, Bordeaux, Brunner, Campbell, Craig, DiSanto, Feickert, Haggar (Don), Harrison, Heinemann (Leslie), Kirschman, McCleerey, Peterson (Kent), Qualm, Rasmussen, Ring, Schoenfish, Schrempp, and Zikmund and Senators Peterson (Jim), Fiegen, Haggar (Jenna), Heinert, Hunhoff (Bernie), Monroe, and Otten (Ernie)

FOR AN ACT ENTITLED, An Act to provide access to abandoned cemeteries and private burying grounds

Was read the first time and referred to the Committee on State Affairs.

HB 1203 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to pay off bonds and make certain other changes necessary to effectuate a tuition freeze by the Board of Regents and the technical institutes, to make an appropriation therefor, and to declare an emergency.

Was read the first time.

HB 1204 Introduced by: Representatives Anderson, Bolin, Cronin, Heinemann (Leslie), Partridge, and Wiik and Senators Tidemann, Haverly, Holien, Shorma, and Van Gerpen

FOR AN ACT ENTITLED, An Act to provide a sales tax exemption for certain nonprofit corporations created for the purpose of fire protection.

Was read the first time and referred to the Committee on Taxation.

HB 1205 Introduced by: Representatives Johns, Romkema, Rounds, Sly, and Wollmann and Senators Ewing, Olson, Omdahl, and Tidemann

FOR AN ACT ENTITLED, An Act to authorize certain eligible school districts to receive an allocation for limited English proficiency.

Was read the first time and referred to the Joint Committee on Appropriations.

HB 1206 Introduced by: Representatives Werner, Beal, Brunner, Campbell, Feickert, Klumb, Marty, May, Otten (Herman), Qualm, Schaefer, Schoenbeck, Steinhauer, Verchio, Westra, Willadsen, Wink, and Wollmann and Senators Cammack, Frerichs, Holien, Olson, Rampelberg, and Van Gerpen

FOR AN ACT ENTITLED, An Act to authorize the use of handguns in the hunting of game birds.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1207 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to authorize the sale of certain surplus real estate at the Human Services Center and to provide for the deposit of the proceeds.

Was read the first time and referred to the Committee on State Affairs.

HB 1208 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota Developmental Center and to provide for the deposit of the proceeds.

Was read the first time and referred to the Committee on State Affairs.

HB 1209 Introduced by: Representatives Bolin, Anderson, Beal, Brunner, Campbell, Craig, DiSanto, Gosch, Greenfield (Lana), Haggar (Don), Haugaard, Heinemann (Leslie), Hunt, Klumb, Langer, Latterell, Novstrup (Al), Qualm, Rounds, Schaefer, Schoenbeck, Stalzer, Stevens, Verchio, Westra, Wiik, and Zikmund and Senators Van Gerpen, Greenfield (Brock), Haggar (Jenna), Jensen (Phil), Monroe, Olson, and Otten (Ernie)

FOR AN ACT ENTITLED, An Act to require any public body of the state to accept as valid all information on a person's birth certificate.

Was read the first time and referred to the Committee on State Affairs.

HB 1210 Introduced by: Representatives Werner, Beal, Bolin, Dryden, Gibson, Hawley, Mickelson, Munsterman, Otten (Herman), Partridge, and Westra and Senators White, Brown, Fiegen, Peters, Soholt, and Tidemann

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding on-sale alcoholic beverage licenses for municipal auditoriums and convention halls and to declare an emergency.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1211 Introduced by: Representatives Schrempp, Bartling, Bordeaux, Brunner, Campbell, Cronin, Deutsch, DiSanto, Gibson, Harrison, Hawks, Holmes, Hunt, Kirschman, Klumb, Marty, May, Stalzer, Stevens, Verchio, and Wiik and Senators Heinert, Bradford, Ewing, Frerichs, Hunhoff (Bernie), Jensen (Phil), Olson, Peterson (Jim), Rusch, and Sutton

FOR AN ACT ENTITLED, An Act to require statewide livestock ownership inspection.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1212 Introduced by: Representatives Hunt, Bolin, Deutsch, DiSanto, Greenfield (Lana), Haugaard, Hunhoff (Jean), Langer, Latterell, Marty, Munsterman, Novstrup (Al), Rounds, Stalzer, Steinhauer, Stevens, and Verchio and Senators Greenfield (Brock), Ewing, Haggar (Jenna), Heineman (Phyllis), Hunhoff (Bernie), Jensen (Phil), Monroe, Novstrup (David), Rusch, and Van Gerpen

FOR AN ACT ENTITLED, An Act to revise requirements related to pregnancy help centers

Was read the first time and referred to the Committee on Health and Human Services.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the renovation and construction of an addition to Harding Hall on the campus of South Dakota State University and to make an appropriation therefor.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SB 11: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase land from the Dakota State University Foundation for the use and benefit of Dakota State University in Madison, to make an appropriation therefor, and to declare an emergency.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SB 17: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SB 18: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SB 24: FOR AN ACT ENTITLED, An Act to prohibit the sale of fetal body parts and to provide a penalty therefor.

Was read the first time and referred to the Committee on State Affairs.

SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning forfeiture of property interests of persons convicted of certain crimes.

Was read the first time and referred to the Committee on Judiciary.

SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the chemical testing of commercial drivers.

Was read the first time and referred to the Committee on Transportation.

SB 65: FOR AN ACT ENTITLED, An Act to revise the procedure for a municipal recall petition.

Was read the first time and referred to the Committee on Local Government.

SB 68: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to revise solid waste management program recycling provisions, to revise water and environment fund loan terms, and to declare an emergency.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the development of park and recreational improvements on lands leased to the Department of Game, Fish and Parks.

Was read the second time.

The question being "Shall HB 1010 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1095: FOR AN ACT ENTITLED, An Act to revise certain allowable time periods regarding the transfer of vehicle ownership.

Was read the second time.

The question being "Shall HB 1095 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1100: FOR AN ACT ENTITLED, An Act to set a minimum size for a sign about zoning changes or conditional use permits.

Was read the second time.

The question being "Shall HB 1100 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1103: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the qualification process for municipal office.

Was read the second time.

The question being "Shall HB 1103 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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.

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

The question now being on Rep. May's pending motion to amend HB 1005 as found on page 184 of the House Journal.

A roll call vote was requested and not supported.

Rep. May's motion lost.

The question being "Shall HB 1005 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

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

Nays:
Gosch; Rounds; Russell

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

Speaker Pro tempore Mickelson now presiding.

HB 1086: FOR AN ACT ENTITLED, An Act to create a leased residential property classification.

Was read the second time.

The question being "Shall HB 1086 pass as amended?"

And the roll being called:

Yeas 28, Nays 39, Excused 3, Absent 0

Yeas:
Beal; Bolin; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Hawley; Hunt; Jensen (Alex); Kirschman; Klumb; Langer; Latterell; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Rozum; Schoenfish; Soli; Solum; Steinhauer; Tulson; Westra; Wiik; Willadsen; Zikmund

Nays:
Anderson; Bartling; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch; Feickert; Gibson; Greenfield (Lana); Harrison; Haugaard; Hawks; Heinemann (Leslie); Holmes; Hunhoff (Jean); Johns; Marty; May; McCleerey; Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenbeck; Schrempp; Sly; Stalzer; Stevens; Verchio; Werner; Wollmann; Speaker Wink

Excused:
Cronin; Kaiser; Killer

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

Rep. Haggar announced his intention to reconsider the vote by which HB 1086 lost.

HB 1092: 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 second time.

The question being "Shall HB 1092 pass as amended?"

And the roll being called:

Yeas 48, Nays 20, Excused 2, Absent 0

Yeas:
Anderson; Beal; Bolin; Campbell; Conzet; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kirschman; Langer; Marty; May; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Rasmussen; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Sly; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Speaker Wink

Nays:
Bartling; Bordeaux; Brunner; Craig; Feickert; Haugaard; Hawks; Hawley; Heinemann (Leslie); Klumb; Latterell; McCleerey; Munsterman; Qualm; Ring; Russell; Schrempp; Soli; Verchio; Zikmund

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the practice of dental hygiene.

Was read the second time.

The question being "Shall HB 1104 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1123: FOR AN ACT ENTITLED, An Act to require the Department of Health to include certain information regarding the inspection of an abortion facility on the department's website.

Was read the second time.

The question being "Shall HB 1123 pass?"

And the roll being called:

Yeas 60, Nays 8, Excused 2, Absent 0

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

Nays:
Bordeaux; Gibson; Hawks; Hawley; McCleerey; Rasmussen; Schrempp; Soli

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1101: FOR AN ACT ENTITLED, An Act to authorize municipalities to create programs to encourage housing development.

Was read the second time.

Rep. Hawks moved that HB 1101 be amended as follows:

On page 1, line 6, of the printed bill, delete "The" and insert "Any such".

Which motion prevailed.

The question being "Shall HB 1101 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, 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); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Novstrup (Al); Russell

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1082: FOR AN ACT ENTITLED, An Act to codify the list of navigable streams requiring gates.

Was read the second time.

The question being "Shall HB 1082 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Kaiser; Killer

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1115: FOR AN ACT ENTITLED, An Act to revise the number of special nonresident waterfowl licenses that may be issued for certain open units.

Was read the second time.

Rep. Qualm moved that HB 1115 be amended as follows:

On page 1, line 7, of the printed bill, overstrike "4,000" and insert "4,050".

On page 1, line 8, overstrike "2,000" and insert "1,950".

Which motion prevailed.

The question being "Shall HB 1115 pass as amended?"

And the roll being called:

Yeas 31, Nays 37, Excused 2, Absent 0

Yeas:
Bartling; Beal; Campbell; Conzet; Craig; DiSanto; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hunt; Klumb; Latterell; Marty; May; McCleerey; Qualm; Rasmussen; Rozum; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Stevens; Verchio; Werner; Wiik; Speaker Wink

Nays:
Anderson; Bolin; Bordeaux; Brunner; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kirschman; Langer; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Ring; Romkema; Rounds; Schoenbeck; Schrempp; Soli; Steinhauer; Tulson; Westra; Willadsen; Wollmann; Zikmund

Excused:
Kaiser; Killer

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gosch moved that SB 29 and 35 be deferred to Thursday, February 4, the 15^th legislative day.

Which motion prevailed.

Speaker Wink now presiding.

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 1026 and 1028 were delivered to his Excellency, the Governor, for his approval at 11:25 a.m., February 3, 2016.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1030, 1032, 1038, and 1041 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1030: FOR AN ACT ENTITLED, An Act to revise certain codes and standards regarding fire prevention.

HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding guaranteed energy savings contracts.

HB 1038: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspections.

HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the recovery of certain insurance company premium and annuity taxes.

SB 32: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2015.

SB 37: FOR AN ACT ENTITLED, An Act to adopt the 2015 edition of the Uniform Plumbing Code.

SB 40: FOR AN ACT ENTITLED, An Act to revise signature and seal requirements for the Board of Technical Professions.

SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the Board of Technical Professions.

And signed the same in the presence of the House.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 3:39 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk