The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge
of Allegiance led by House pages Andee Arnoldy and Lauren Rink.
Roll Call: All members present except Rep. Kaiser who was excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twentieth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Speaker Wink introduced the Honorable Kristi Noem, United States Representative from
South Dakota, who spoke briefly.
Speaker Wink introduced Tanya Olson, a member of the Custer School District Board of
Education, as the Associated School Boards of South Dakota Outstanding School Board
Member for 2015.
Speaker Wink introduced Yankton School District Board of Education, as the Associated
School Boards of South Dakota Outstanding School Board for 2015.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 12, 2016, I approved House Bills 1003, 1016,
1018, 1019, 1020, 1021, 1022, 1030, 1034, 1035, 1036, 1037, 1038, 1040, 1041, 1049, 1050,
1052, 1057, 1058, and 1062, and the same have been deposited in the office of the Secretary of
State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on Taxation respectfully reports that it has had under consideration
HB 1179 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1204 and returns the same with the recommendation that said bill be amended as follows:
" Section 1. That chapter 10-45 be amended by adding a NEW SECTION to read:
Section 2. That chapter 10-46 be amended by adding a NEW SECTION to read:
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1177 and returns the same with the recommendation that said bill be amended as follows:
" Section 5. That § 10-35-20 be amended to read:
10-35-20. The secretary shall deposit the tax imposed by §§ 10-35-18, 10-35-19, and 10-35-19.1 into the wind energy renewable facility tax fund. There is created in the state treasury the
wind energy renewable facility tax fund.
Section 6. That § 10-35-21 be amended to read:
10-35-21. The secretary shall distribute all of the tax deposited in the wind energy renewable
facility tax fund pursuant to § 10-35-18 and twenty percent of the tax deposited in the wind
energy renewable facility tax fund pursuant to §§ 10-35-19 and 10-35-19.1 to the county
treasurer where the wind farm renewable facility is located. If a wind farm renewable facility
is located in more than one county, each county shall receive the same percentage of the tax as
the percentage of wind towers or solar facilities in the wind farm renewable facility 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 or solar facility
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 or solar facility is located, fifteen percent to the
organized township where each wind tower or solar facility is located, and thirty-five percent
to the county. If a wind tower or solar facility is located in a township that is not organized, the
unorganized township's share of the tax for that wind tower or solar facility 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 renewable facility tax fund shall be deposited
in the state general fund. ".
The Committee on Transportation respectfully reports that it has had under consideration
SB 7 and 85 and returns the same with the recommendation that said bills do pass and be placed
on the consent calendar.
The Joint Committee on Appropriations respectfully reports that it has had under
consideration HB 1007 and returns the same with the recommendation that said bill do pass.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1180 and returns the same with the recommendation that said bill do
pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1206 and returns the same with the recommendation that said bill be
amended as follows:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1181 which was deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1106, which was reconsidered, and returns the same with the recommendation
that said bill be referred to the Committee on Taxation.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1156 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1087, 1089, and 1113 which have passed the Senate
without change.
I have the honor to transmit herewith SB 120 which has passed the Senate and your
favorable consideration is respectfully requested.
HCR 1013: A CONCURRENT RESOLUTION, Recognizing the positive economic impact
sportsmen and women have in South Dakota.
Rep. Hawley moved that HCR 1013 as found on page 379 of the House Journal be adopted.
The question being on Rep. Hawley's motion that HCR 1013 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; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey;
Mickelson; 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; Munsterman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1013 was adopted.
Rep. Gosch moved that the reports of the Standing Committees on
Health and Human Services on HB 1141 as found on page 376 of the House Journal; also
Joint Committee on Appropriations on HB 1201 as found on page 377 of the House
Journal; also
Local Government on HB 1106 as found on page 394 of the House Journal be adopted.
Which motion prevailed.
SB 120: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain
family physicians, dentists, physician assistants, and nurse practitioners who have complied with
the requirements of the recruitment assistance program 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.
Rep. Russell requested that HB 1127 be removed from the Consent Calendar.
Which request was granted.
HB 1212: FOR AN ACT ENTITLED, An Act to revise requirements related to pregnancy
help centers
Was read the second time.
The question being "Shall HB 1212 pass?"
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; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey;
Mickelson; 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; Munsterman
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 1151: FOR AN ACT ENTITLED, An Act to require legislative approval of certain
land acquisitions by the Department of Game, Fish and Parks.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1151 pass?"
And the roll being called:
Yeas 23, Nays 45, Excused 2, Absent 0
Yeas:
Brunner; Campbell; Craig; DiSanto; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Hunt;
Killer; Klumb; Langer; Latterell; Marty; May; McCleerey; Qualm; Russell; Schaefer; Schrempp;
Soli; Stalzer; Wiik
Nays:
Anderson; Bartling; Beal; Bolin; Bordeaux; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert;
Gibson; Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Jensen
(Alex); Johns; Kirschman; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson
(Kent); Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenbeck; Schoenfish; Sly; Solum;
Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Willadsen; Wollmann; Zikmund;
Speaker Wink
Excused:
Kaiser; Munsterman
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1202: FOR AN ACT ENTITLED, An Act to provide access to abandoned cemeteries
and private burying grounds
Having had its second reading was up for consideration and final passage.
Rep. Stalzer moved that HB 1202 be laid on the table.
The question being on Rep. Stalzer's motion that HB 1202 be laid on the table.
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Nays:
Killer; Marty
Excused:
Kaiser; Munsterman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1202 was tabled.
HB 1182: FOR AN ACT ENTITLED, An Act to increase the state sales tax, the state use
tax, the excise tax on farm machinery, and amusement device tax for the purpose of increasing
education funding and reducing property taxes, and to declare an emergency.
Having had its second reading was up for consideration and final passage.
The question now being on Rep. Partridge's pending motion to amend HB 1182 as
found on page 364 of the House Journal.
Rep. Schoenbeck requested that Joint Rule 5-17 be invoked on HB 1182.
Which request was supported and HB 1182 with Rep. Partridge's pending motion to
amend was deferred until Thursday, February 18, the 23rd legislative day.
HB 1169: FOR AN ACT ENTITLED, An Act to allow a school district to operate an
attendance center within another school district.
Having had its second reading was up for consideration and final passage.
Rep. Gosch moved that HB 1169 be deferred to Wednesday, February 17, the
22nd legislative day.
Which motion prevailed.
Was read the second time.
The question being "Shall HB 1118 pass?"
And the roll being called:
Yeas 66, Nays 1, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
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; May; McCleerey; Mickelson;
Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; 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
Nays:
Rasmussen
Excused:
Deutsch; Kaiser; Munsterman
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 1110: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn
children.
Having had its second reading was up for consideration and final passage.
Rep. Gosch moved the previous question.
Which motion prevailed.
The question being "Shall HB 1110 pass?"
And the roll being called:
Yeas 53, Nays 14, Excused 3, Absent 0
Nays:
Brunner; Campbell; Conzet; DiSanto; Harrison; Haugaard; Latterell; Marty; May; Otten
(Herman); Russell; Stalzer; Werner; Wiik
Excused:
Deutsch; Kaiser; Munsterman
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 1164: FOR AN ACT ENTITLED, An Act to provide for a special interest motor
vehicle license plate for certain vehicles under certain conditions.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1164 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
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; May; McCleerey; Mickelson;
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:
Deutsch; Kaiser; Munsterman
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.
Was read the second time.
Rep. Gosch moved that HB 1213 be deferred to Wednesday, February 17, the
22nd legislative day.
Which motion prevailed.
HB 1214: FOR AN ACT ENTITLED, An Act to regulate conflicts of interest for authority,
board, or commission members.
Was read the second time.
The question being "Shall HB 1214 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
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; May; McCleerey; Mickelson;
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
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1189: FOR AN ACT ENTITLED, An Act to provide for the inspection and review of
a state-mandated academic achievement test taken by a student.
Was read the second time.
The question being "Shall HB 1189 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
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; May; McCleerey; Mickelson;
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:
Deutsch; Kaiser; Munsterman
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 1121: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
regulation of vehicle dealers.
Was read the second time.
The question being "Shall HB 1121 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Deutsch; Kaiser
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 1116: FOR AN ACT ENTITLED, An Act to authorize municipalities to impose an
additional sales and use tax for a limited period of time for a specified use.
Was read the second time.
Rep. Gosch moved that HB 1116 be deferred to Wednesday, February 17, the
22nd legislative day.
Which motion prevailed.
HB 1140: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding county
zoning.
Was read the second time.
Rep. Mickelson's motion prevailed.
The question being "Shall HB 1140 pass as amended?"
And the roll being called:
Yeas 51, Nays 18, Excused 1, Absent 0
Yeas:
Anderson; Beal; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall;
Gosch; Greenfield (Lana); Haggar (Don); Harrison; Heinemann (Leslie); Holmes; Hunhoff
(Jean); Hunt; Jensen (Alex); Johns; Klumb; Langer; Latterell; Marty; Mickelson; Munsterman;
Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Romkema; Rounds;
Rozum; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio;
Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Bartling; Bolin; Bordeaux; Feickert; Gibson; Haugaard; Hawks; Hawley; Killer; Kirschman;
May; McCleerey; Rasmussen; Ring; Russell; Schoenbeck; Schrempp; Soli
Excused:
Kaiser
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 balance of the calendar including SB 27, 28, 2, 12, 13, 15, 103,
and 34 be deferred to Wednesday, February 17, the 22nd legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1025, 1027, 1033,
1039, 1056, 1063, 1066, 1100, 1101, and 1103 were delivered to his Excellency, the Governor,
for his approval at 10:35 a.m., February 16, 2016.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1087, 1089, and 1113 and finds the same correctly
enrolled.
The Speaker publicly read the title to
HB 1087: FOR AN ACT ENTITLED, An Act to repeal the requirement of a certain public
election notice.
HB 1089: FOR AN ACT ENTITLED, An Act to revise provisions for accumulation of
funds for certain municipal enterprises.
HB 1113: FOR AN ACT ENTITLED, An Act to exempt from the excise tax on motor
vehicles the transfer of motor vehicles to a nonprofit organization under certain conditions.
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.
SB 14: FOR AN ACT ENTITLED, An Act to revise certain administrative provisions and
repeal certain obsolete provisions concerning the South Dakota Retirement System.
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.
SB 20: FOR AN ACT ENTITLED, An Act to revise certain provisions related to
behavioral health.
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.
And signed the same in the presence of the House.
Rep. Anderson moved that the House do now adjourn, which motion prevailed and at
4:47 p.m. the House adjourned.