The prayer was offered by the Chaplain, Pastor Peggy Stempson, followed by the Pledge
of Allegiance led by House pages Clayton Keck and Shelby Riggs.
Roll Call: All members present except Reps. Craig, Kaiser, Killer, Schrempp, and Westra
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 twenty-third 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 February 18, 2016, I approved House Bills 1011, 1025,
1027, 1031, 1033, 1039, 1056, 1063, 1066, 1084, 1100, 1101, and 1103, and the same have
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 February 18, 2016, I approved House Bill 1210, and the
same has been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1224 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1190 and returns the same with the recommendation that said bill be amended as follows:
" Section 1. That § 23-7-8 be amended to read:
Section 2. That § 23-7-8.1 be amended to read:
23-7-8.1. The secretary of state shall prescribe the form of the permit to carry a concealed
pistol and, the form of the enhanced permit to carry a concealed pistol, and the form of the gold
card permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's
name, address, and the expiration date, and the issuance date of the permit. The enhanced permit
to carry a concealed pistol must clearly designate that the permit is enhanced and the gold card
permit must clearly designate that it is a gold card permit to carry a concealed pistol. The holder
of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total
income from the sale of malt or alcoholic beverages. Nothing in this section prevents law
enforcement officers, parole agents, security guards employed on the premises, and other public
officials with the written permission of the sheriff from carrying concealed weapons in the
performance of their duties or prevents home or business owners from carrying concealed
weapons on their property pursuant to § 22-14-11.
Section 3. That § 23-7-54 be amended to read:
23-7-54. The sheriff shall retain the application and other documents until the sheriff
receives the results of the background checks required pursuant to § 23-7-53. Within seven days
following receipt of a confirmation that the applicant passed each criminal background check
required pursuant to this section and § 23-7-53, the sheriff shall file the application with the
secretary of state pursuant to § 23-7-8.
23-7-57. Unless otherwise specified, the references, rights, and responsibilities in this
chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry
a concealed pistol and a gold card permit to carry a concealed pistol.
Section 5. That § 25-10-24 be amended to read:
25-10-24. The court may require the defendant to surrender any dangerous weapon or any
concealed pistol permit issued under 23-7 in his the defendant's possession to local law
enforcement.
Section 6. That § 23-7-8.9 be amended to read:
23-7-8.9. The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any
law enforcement officer from retaining any notes, data, or pieces of information, either
collectively or individually, unless the retention of such notes, data, or pieces of information is
pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to
information necessary to perform a periodic National Instant Criminal Background Check of
gold card or enhanced pistol permit holders under section 15 of this Act is authorized.
Section 7. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 9. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 11. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 12. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 13. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 14. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 15. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 16. The Act is effective January 1, 2017."
In the third sentence, delete everything after "distributed" and insert "as set forth in subdivision
(7) of section 5 of this Act." and delete the last line of the paragraph.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1219 which was tabled.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1227 and 1240 which were deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1153 and returns the same with the recommendation that said bill be amended as follows:
" Section 1. That chapter 21-35 be amended by adding a NEW SECTION to read:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1165 which was tabled.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1128 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1245 which was tabled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1154 and 1216 which were deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1150 and 1183 which have which has passed the
Senate without change. Journal correction: See page 625 of the House Journal
I have the honor to return herewith HCR 1013 which has 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 1054 was lost for failure to be
placed on the Senate calendar.
I have the honor to transmit herewith SB 75, 97, 107, 116, 129, 132, and 140 which have
passed the Senate and your favorable consideration is respectfully requested.
HOUSE PAGE RESOLUTION 3 Introduced by: Representatives 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; Holmes; Hunhoff, Jean; Hunt; Jensen, Alex; Johns; Kaiser; Killer;
Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman;
Novstrup, Al; Otten, Herman; Partridge; Peterson, Kent; Qualm; Rasmussen; Ring; Romkema;
Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum;
Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wink;
Wollmann; Zikmund.
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Ninety-first Legislature of the State of South Dakota to Miranda Anderson, Andee
Arnoldy, Matdalynn Buffington, Hannah Carlson, Evangeline Gabel, Clayton Keck, Julia
Loudenburg, Dara Ness, Kalder Ness, Brigita Rasmussen, Mindy Ravnaas, Shelby Riggs,
Lauren Rink, Cayley Schmitt, Megan Thornhill.
WHEREAS, the above named served loyally as pages for the House of Representatives of
the Ninety-first Legislative Session; and
WHEREAS, the members of the Ninety-first House of Representatives express their most
sincere appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-first Legislature of the State of South Dakota, that a personal copy of this resolution be duly
certified and furnished to each page on this last day of service.
Rep. Hawks moved that House Page Resolution 3 be adopted.
Which motion prevailed and the resolution was adopted.
Yesterday, Rep. Schoenbeck announced his intention to reconsider the vote by which
HB 1182 lost.
Rep. Schoenbeck moved that the House do now reconsider the vote by which HB 1182 lost
and be placed on the calendar of Monday, February 22, the 25th legislative day.
The question being on Rep. Schoenbeck's motion to reconsider the vote by which HB 1182
lost and be placed on the calendar of Monday, February 22, the 25th legislative day.
Yeas 44, Nays 21, Excused 5, Absent 0
Yeas:
Anderson; Bartling; Beal; Bordeaux; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert;
Gibson; Harrison; Hawks; Hawley; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kirschman;
McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson
(Kent); Rasmussen; Ring; Romkema; Rozum; Schaefer; Schoenbeck; Schoenfish; Sly; Soli;
Solum; Steinhauer; Stevens; Tulson; Werner; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Bolin; Brunner; Campbell; DiSanto; Gosch; Greenfield (Lana); Haggar (Don); Haugaard;
Heinemann (Leslie); Hunt; Klumb; Langer; Latterell; Marty; May; Qualm; Rounds; Russell;
Stalzer; Verchio; Wiik
Excused:
Craig; Kaiser; Killer; Schrempp; Westra
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1182 was up for reconsideration and final passage
and be placed on the calendar of Monday, February 22, the 25th legislative day.
Rep. Gosch moved that the reports of the Standing Committees on
Taxation on HB 1106 as found on page 430 of the House Journal; also
Health and Human Services on HB 1162 as found on page 431 of the House Journal; also
Transportation on HB 1230 as found on page 441 of the House Journal; also
Transportation on HB 1137 as found on page 442 of the House Journal; also
Local Government on HB 1149 as found on page 442 of the House Journal be adopted.
Which motion prevailed.
SB 75: FOR AN ACT ENTITLED, An Act to establish a grant program for adult
community residential services designed to reduce the risk of recidivism, to provide a report to
the Legislature, to make an appropriation therefor, and 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 97: FOR AN ACT ENTITLED, An Act to provide for the automatic removal of all
petty offenses, municipal ordinance violations, and Class 2 misdemeanor charges or convictions
from background check records after ten years under certain conditions.
Was read the first time and referred to the Committee on Judiciary.
SB 107: FOR AN ACT ENTITLED, An Act to clarify certain safety zone restrictions on
hunting.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 116: FOR AN ACT ENTITLED, An Act to remove any reference to land ownership
being a requirement for participation in any actions pertaining to the creation of or withdrawal
from a water development district.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 129: FOR AN ACT ENTITLED, An Act to establish certain suicide awareness and
prevention training requirements for certain school employees based on the Jason Flatt Act.
Was read the first time and referred to the Committee on Education.
SB 132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
education funding.
Was read the first time and referred to the House Committee on Appropriations
Was read the first time and referred to the Committee on State Affairs.
Rep. Gosch moved that HB 1209 be placed to precede HB 1206 on today's calendar.
Which motion prevailed.
HB 1209: 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.
Having had its second reading was up for consideration and final passage.
Rep. Bolin moved that HB 1209 be laid on the table.
The question being on Rep. Bolin's motion that HB 1209 be laid on the table.
And the roll being called:
Yeas 61, Nays 2, Excused 7, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Cronin; Deutsch;
DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Johns; Kirschman;
Klumb; Langer; Latterell; Marty; May; McCleerey; Munsterman; Novstrup (Al); Otten
(Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum;
Russell; Schaefer; Schoenbeck; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens;
Tulson; Werner; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Haugaard; Verchio
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1209 was tabled.
Rep. Gosch moved that the balance of the calendar including HB 1206, 1047, 1161, 1132,
1133, 1167, 1243, and 1198 and SB 8, 2, 34, 120, 63, 114, 53, and 59 be deferred to Monday,
February 22, the 25th 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 the Office of Engrossing
and Enrolling has carefully compared HB 1150 and 1183 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1150: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
property tax exemption provided to local industrial development corporations.
Journal correction: See page 625 of the House Journal.
SB 7: FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk
highway system.
SB 12: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell certain
extraneous real property in Brookings County and to deposit the proceeds with the state
treasurer to be credited to a fund designated as the real property acquisition and capital
improvement fund for South Dakota State University.
SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
membership of the South Dakota Investment Council.
SB 27: FOR AN ACT ENTITLED, An Act to revise certain personnel requirements for
ambulance services and to repeal the hardship exemption.
SB 28: FOR AN ACT ENTITLED, An Act to require meningococcal immunization for
school entry.
SB 85: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
motorcycle license plates.
SB 103: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to transfer
certain real property to South Dakota State University Growth Partnership, Ltd. For research
park purposes.
And signed the same in the presence of the House.
HC 1013 Introduced by: Representatives Schoenbeck, Bolin, Duvall, Feickert, Novstrup
(Al), Rasmussen, Rounds, Schrempp, Stalzer, Steinhauer, Verchio, and Werner and Senators
Novstrup (David), Hunhoff (Bernie), Monroe, Peterson (Jim), Solano, and Vehle
HC 1014 Introduced by: Representatives Jensen (Alex), Cronin, Dryden, and Hunhoff
(Jean) and Senators Sutton and Tidemann
Rep. Anderson moved that the House do now adjourn, which motion prevailed and at
1:44 p.m. the House adjourned.