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

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 2, 2016

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

The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge of Allegiance led by House pages Hannah Kilker and Joseph Miller.

Roll Call: All members present except Reps. Bordeaux and Kaiser 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 thirtieth 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.

COMMUNICATIONS AND PETITIONS

March 1, 2016

The Honorable Dean Wink
Speaker of the House of Representatives
500 East Capitol Avenue
Pierre, SD 57501

Dear Mr. Speaker and Members of the House of Representatives,

I respectfully return to you House Bill 1008, with my VETO.

House Bill 1008 does not address any pressing issue concerning the school districts of South Dakota. As policymakers in South Dakota, we often recite that the best government is the government closest to the people. Local school districts can, and have, made necessary restroom and locker room accommodations that serve the best interests of all students, regardless of biological sex or gender identity.

This bill seeks to impose statewide standards on "every restroom, locker room, and shower room located in a public elementary or secondary school." It removes the ability of local school districts to determine the most appropriate accommodations for their individual students and replaces that flexibility with a state mandate.

If and when these rare situations arise, I believe local school officials are best positioned to address them. Instead of encouraging local solutions, this bill broadly regulates in a manner that invites conflict and litigation, diverting energy and resources from the education of the children of this state.

Preserving local control is particularly important because this bill would place every school district in the difficult position of following state law while knowing it openly invites federal litigation. Although there have been promises by an outside entity to provide legal defense to a school district, this provision is not memorialized in the bill. Nor would such defense eliminate the need for school or state legal counsel, nor avoid expenses relating to expert witnesses, depositions and travel, or other defense costs. Nor does the commitment extend to coverage over settlement or damage expenses. This law will create a certain liability for school districts and the state in an area where no such liability exists today.

For these reasons, I oppose this bill and ask that you sustain my veto.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 82 and returns the same with the recommendation that said bill be amended as follows:

On page 4, line 3, of the printed bill, delete "expand" and insert "expend".

On page 1, line 8, delete "schools" and insert "school projects".

And that as so amended said bill do pass.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 72 and 100 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 91 and 127 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 104 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 1, of the Senate State Affairs Committee engrossed bill, delete "reviewed the rule" and insert "adopts a motion that the rule-making process is complete".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 19, 93, and 142 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 44 and returns the same with the recommendation that said bill be amended as follows:

On the Senate Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

And that as so amended said bill do pass.

Respectfully submitted,
G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1051, 1182, 1188, 1214, and 1230 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1015 and 1017 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1129 and 1198 and HCR 1009 were indefinitely postponed by the Senate.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1234 was indefinitely postponed by the Senate.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Bartling moved that the House do concur in Senate amendments to HB 1141.

The question being on Rep. Bartling's motion that the House do concur in Senate amendments to HB 1141.

And the roll being called:

Yeas 67, Nays 1, Excused 2, 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; Killer; Kirschman; Klumb; Langer; 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

Nays:
Latterell

Excused:
Bordeaux; Kaiser

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Cronin moved that the House do concur in Senate amendments to HCR 1007.

The question being on Rep. Cronin's motion that the House do concur in Senate amendments to HCR 1007.

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; 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; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; Kaiser

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Gosch moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, March 3, the 32^nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

House Committee on Appropriations on SB 131 as found on page 728 of the House Journal; also

Local Government on SB 64 as found on page 731 of the House Journal; also

Local Government on SB 65 as found on page 732 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Heinemann requested that SB 107 be removed from the Consent Calendar.

Which request was granted.

SB 22: FOR AN ACT ENTITLED, An Act to add emergency medical technicians and paramedics to the list of mandatory reporters, and to update cross references in the section.

Was read the second time.

The question being "Shall SB 22 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; 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; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; 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.

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 second time.

The question being "Shall SB 116 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; 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; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; 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.

SB 74: FOR AN ACT ENTITLED, An Act to authorize members of certain governing bodies who are displaced by a natural disaster to continue their term of office.

Was read the second time.

The question being "Shall SB 74 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; 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; Wollmann; Zikmund; Speaker Wink

Excused:
Bordeaux; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1029: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Health to fund the rural residency program and to declare an emergency.

Was read the second time.

The question being "Shall HB 1029 pass?"

And the roll being called:

Yeas 61, Nays 7, Excused 2, Absent 0

Yeas:
Bartling; Beal; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; Latterell; McCleerey; Mickelson; Munsterman; Novstrup (Al); 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:
Anderson; Bolin; Brunner; Haugaard; Marty; May; Russell

Excused:
Bordeaux; Kaiser

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 1046: FOR AN ACT ENTITLED, An Act to make an appropriation to the railroad trust fund and to declare an emergency.

Was read the second time.

The question being "Shall HB 1046 pass?"

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

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

Nays:
Brunner; Haugaard; Marty; Russell; Verchio

Excused:
Anderson; Bordeaux; Kaiser

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 1061: FOR AN ACT ENTITLED, An Act to provide a tuition benefit to certain teachers who enroll in courses under the management and control of the Board of Regents that are not subsidized by the general fund.

Was read the second time.

The question being "Shall HB 1061 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; 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; 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

Nays:
Brunner

Excused:
Bordeaux; 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 1203: 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 second time.

The question being "Shall HB 1203 pass?"

And the roll being called:

Yeas 60, Nays 8, Excused 2, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Brunner; Greenfield (Lana); Haugaard; Latterell; Marty; May; Russell; Verchio

Excused:
Bordeaux; Kaiser

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 58: FOR AN ACT ENTITLED, An Act to revise certain restrictions for the use of night-vision equipment for hunting under certain conditions.

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

Rep. Werner moved that SB 58 be amended as follows:

On page 1, line 14, of the House Agriculture and Natural Resources Committee engrossed bill, remove the overstrikes from "~~or a firearm using~~".

On page 2, line 1, remove the overstrikes from "~~a rimfire cartridge~~".

Which motion prevailed.

Rep. Hunhoff moved that SB 58 be further amended as follows:

On page 2, line 3 of the House Agriculture and Natural Resources Committee engrossed bill, after "occupant" insert ", eighteen years of age or older,".

Which motion prevailed.

The question being "Shall SB 58 pass as amended?"

And the roll being called:

Yeas 51, Nays 16, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Holmes; Hunhoff (Jean); Hunt; Killer; Klumb; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Otten (Herman); Qualm; Rasmussen; Rounds; Rozum; Russell; Schaefer; Schrempp; Sly; Soli; Solum; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Duvall; Hawley; Heinemann (Leslie); Jensen (Alex); Johns; Kirschman; Langer; Novstrup (Al); Partridge; Peterson (Kent); Ring; Romkema; Schoenbeck; Schoenfish; Stalzer; Verchio

Excused:
Bordeaux; Gibson; 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.

SB 81: FOR AN ACT ENTITLED, An Act to create the paraprofessional tuition assistance scholarship program.

Was read the second time.

Rep. Gosch moved that SB 81 be placed to follow SB 90 on today's calendar.

Which motion prevailed.

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the HOPE probation program.

Was read the second time.

The question being "Shall SB 55 pass?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, Absent 0

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

Nays:
May; Russell; Verchio

Excused:
Beal; Bordeaux; Cronin; Kaiser; Werner

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.

SB 79: FOR AN ACT ENTITLED, An Act to expand the list of professionals authorized to perform certain examinations required for a plea of guilty but mentally ill.

Was read the second time.

The question being "Shall SB 79 pass as amended?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, Absent 0

Yeas:
Anderson; Bartling; Bolin; Brunner; Campbell; Conzet; Craig; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; 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; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Gibson; Heinemann (Leslie); Latterell

Excused:
Beal; Bordeaux; Cronin; Kaiser; Werner

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.

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 second time.

The question being "Shall SB 97 pass as amended?"

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

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

Nays:
Latterell; Russell

Excused:
Bordeaux; Cronin; Kaiser; Werner

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.

SB 42: FOR AN ACT ENTITLED, An Act to increase certain fees for boxing, kickboxing, and mixed martial arts competitions.

Was read the second time.

The question being "Shall SB 42 pass as amended?"

And the roll being called:

Yeas 55, Nays 11, Excused 4, Absent 0

Yeas:
Anderson; Bartling; Beal; Brunner; Campbell; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; Marty; May; McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Wiik; Willadsen; Wollmann; Speaker Wink

Nays:
Bolin; Conzet; Craig; Gosch; Heinemann (Leslie); Latterell; Novstrup (Al); Russell; Schoenbeck; Westra; Zikmund

Excused:
Bordeaux; Cronin; Kaiser; Werner

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.

SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions of the building South Dakota fund programs.

Was read the second time.

The question being "Shall SB 45 pass as amended?"

And the roll being called:

Yeas 61, Nays 6, Excused 3, Absent 0

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

Nays:
Campbell; DiSanto; Haugaard; Latterell; May; Russell

Excused:
Bordeaux; Kaiser; Werner

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.

SB 5: FOR AN ACT ENTITLED, An Act to revise the procedure to initiate a school district boundary change.

Was read the second time.

The question being "Shall SB 5 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Craig; 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; 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; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Cronin; Mickelson

Excused:
Bordeaux; Kaiser; Werner

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.

SB 54: FOR AN ACT ENTITLED, An Act to adopt the Elder Abuse Task Force's statutory recommendations in order to protect South Dakota seniors and adults with disabilities from abuse, neglect, and exploitation.

Was read the second time.

The question being "Shall SB 54 pass as amended?"

And the roll being called:

Yeas 60, Nays 8, Excused 2, Absent 0

Yeas:
Bartling; Beal; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Harrison; Haugaard; Hawks; Hawley; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; 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

Nays:
Anderson; Bolin; Brunner; Haggar (Don); Heinemann (Leslie); Latterell; Marty; May

Excused:
Bordeaux; 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.

SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the Native American achievement schools grant program and paraprofessional tuition assistance scholarship program.

Was read the second time.

Rep. Gosch moved that SB 9 be placed to follow SB 81 on today's calendar.

Which motion prevailed.

SB 50: FOR AN ACT ENTITLED, An Act to revise the allocation of certain fees collected by the Department of Corrections.

Was read the second time.

The question being "Shall SB 50 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, 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; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Russell

Excused:
Bordeaux; Kaiser; Werner

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.

SB 150: FOR AN ACT ENTITLED, An Act to revise provisions related to the legislative intern program.

Was read the second time.

Rep. Munsterman moved that SB 150 be amended as follows:

On page 1, line 6, of the Joint Appropriations Committee engrossed bill, delete everything after "interns" and insert ".".

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

Which motion lost.

The question being "Shall SB 150 pass as amended?"

And the roll being called:

Yeas 36, Nays 31, Excused 3, Absent 0

Yeas:
Anderson; Bartling; Beal; Conzet; Cronin; Dryden; Duvall; Feickert; Gibson; Harrison; Hawks; Hawley; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Killer; Kirschman; Latterell; May; McCleerey; Otten (Herman); Peterson (Kent); Rasmussen; Ring; Romkema; Rozum; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Wollmann; Speaker Wink

Nays:
Bolin; Brunner; Campbell; Craig; Deutsch; DiSanto; Gosch; Greenfield (Lana); Haggar (Don); Haugaard; Heinemann (Leslie); Hunt; Klumb; Langer; Marty; Mickelson; Munsterman; Novstrup (Al); Partridge; Qualm; Rounds; Russell; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Westra; Wiik; Willadsen; Zikmund

Excused:
Bordeaux; Kaiser; Werner

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.

SB 3: FOR AN ACT ENTITLED, An Act to revise the income criteria for determining if property is classified as agricultural land for property tax purposes.

Was read the second time.

The question being "Shall SB 3 pass?"

And the roll being called:

Yeas 59, Nays 9, Excused 2, 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; Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Marty; May; McCleerey; Mickelson; Munsterman; Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Romkema; Rounds; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Westra; Wiik; Wollmann; Zikmund; Speaker Wink

Nays:
Heinemann (Leslie); Klumb; Langer; Latterell; Novstrup (Al); Ring; Rozum; Werner; Willadsen

Excused:
Bordeaux; 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.

SB 80: FOR AN ACT ENTITLED, An Act to limit certain liability for hosts of fishing tournaments.

Was read the second time.

The question being "Shall SB 80 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, 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; 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; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

Nays:
Stevens

Excused:
Bordeaux; 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 2, 69, 129, 31, 26, 133, 136, 148, 152, 90, 81, and 9 be deferred to Thursday, March 3, the 32^nd legislative day.

Which motion prevailed.

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 1007, 1024, 1047, 1065, 1083, 1092, 1095, 1104, 1121, 1123, 1164, and 1179 were delivered to his Excellency, the Governor, for his approval at 10:48 a.m., March 2, 2016.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1051, 1119, 1182, 1188, 1208, 1214, and 1230 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 132 and has appointed Sens. Peters, Tidemann, and Parsley as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Kay Johnson, Secretary

Speaker Wink now presiding.

The Speaker appointed as such committee Reps. Cronin, Dryden, and Hawley.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1051: FOR AN ACT ENTITLED, An Act to prohibit the use of certain automated sales suppression devices and to provide penalties for their use.

HB 1119: FOR AN ACT ENTITLED, An Act to revise the criteria for incorporation of a new municipality.

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, to provide for certain school district reporting and penalties, and to declare an emergency.

HB 1188: FOR AN ACT ENTITLED, An Act to exempt certain operations of school buses from commercial motor vehicle fees.

HB 1208: 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.

HB 1214: FOR AN ACT ENTITLED, An Act to regulate conflicts of interest for authority, board, or commission members.

HB 1230: FOR AN ACT ENTITLED, An Act to require lights on certain animal-drawn vehicles while operating on a highway.

SB 16: FOR AN ACT ENTITLED, An Act to establish a fee for a nursery license and to increase fees for nursery inspection.

SB 23: FOR AN ACT ENTITLED, An Act to extend the time allowed for conditional land exchanges.

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

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the bank franchise tax.

SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application of the special annual road funding levy.

SB 71: FOR AN ACT ENTITLED, An Act to revise the provisions regarding the issuance of small game licenses and fishing licenses to certain veterans at reduced fees and to revise certain provisions regarding special pheasant hunts for disabled veterans.

SB 73: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding open meetings.

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.

And signed the same in the presence of the House.

HC 1029 Introduced by: Representatives Hawks and Steinhauer and Senator Peters

A LEGISLATIVE COMMEMORATION, Commending and honoring the West Central High School Wrestling Team for its accomplishments.

WHEREAS, the West Central Wrestling Team, coached by Mike Ideker, Jeff Nielsen, Cole Grocott, and Chip Carda, took eight grapplers to the 2016 South Dakota State A Wrestling Tournament including Caden Ideker, 113; Jared Mettler, 195; Alex Klien, 220; Austin Ideker, 138; Jonah Rechtenbaugh, 145; Tristen Boeckholt, 152; Riley Hollander, 182; and Hunter Hanley, 285; and

WHEREAS, five of those participants placed in the top eight in the state in his weight class: Austin Ideker took second, Jonah Rechtenbaugh took fifth, Tristen Boeckholt took sixth, Riley Hollander took seventh, and Hunter Hanley took seventh; and

WHEREAS, Jonah Rechtenbaugh earned the Pinner Award with three pins in two minutes thirty-three seconds:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature commends and honors the West Central High School Wrestling Team for its dedication and hard work.

HC 1030 Introduced by: Representatives Bolin, Anderson, Bartling, Beal, Bordeaux, 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, Johns, Kirschman, Klumb, Langer, Latterell, Marty, May, McCleerey, Mickelson, Munsterman, Novstrup (Al), 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, Wink, Wollmann, and Zikmund and Senators Shorma, Brown, Curd, Fiegen, Heinert, Holien, Hunhoff (Bernie), Peterson (Jim), Rampelberg, Tieszen, and Van Gerpen

A LEGISLATIVE COMMEMORATION, Honoring the Canton High School wrestling program.

WHEREAS, Canton High School has had a very strong wrestling program for the last two decades; and

WHEREAS, the Canton High School wrestling program over the last number of years has won many conference, district, and regional wrestling championships; and

WHEREAS, in the last decade the Canton High School wrestling program has been a state runner-up three times in 2006, 2008, and 2010; and

WHEREAS, in 2012, the Canton High School Wrestling Team won its first ever state championship; and

WHEREAS, the Canton High School Wrestling Team has consistently demonstrated an excellent record of sportsmanship, dedication, and commitment; and

WHEREAS, the 2015-2016 team won the Class B State Wrestling Championship held in Rapid City on February 26 and 27, 2016:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature honors the 2015-2016 Canton Wrestling Team on its Class B State Wrestling Championship and recognizes the coaching staff and the entire team for the outstanding effort at the 2016 Class B State Wrestling Championship.

HC 1031 Introduced by: Representatives Gosch, Anderson, Bartling, Beal, Bolin, Bordeaux, Campbell, Craig, Cronin, Deutsch, DiSanto, Dryden, Duvall, Feickert, Gibson, Greenfield (Lana), Harrison, Haugaard, Hawks, Hawley, Heinemann (Leslie), Holmes, Hunhoff (Jean), Hunt, Jensen (Alex), Johns, 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, Schoenfish, Schrempp, Soli, Solum, Stalzer, Steinhauer, Stevens, Tulson, Verchio, Werner, Westra, Wiik, Willadsen, Wollmann, and Zikmund

A LEGISLATIVE COMMEMORATION, Honoring the House of Representatives of the Ninety-First Legislature of the State of South Dakota as the inaugural champions of the 2016 Legislative Dodgeball Match.

WHEREAS, on February 29, 2016, the South Dakota Legislature held a dodgeball match to raise money for charity; and

WHEREAS, this was the first ever dodgeball match between the two houses; and

WHEREAS, the House of Representatives emerged victorious and as a result will have the privilege of displaying the trophy in the House of Representatives for the next year; and

WHEREAS, as a result of the match the Legislature was able to raise over five thousand dollars for Kids Voting South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature honors and commends the Ninety-First House of Representatives for being the legislative inaugural dodgeball champions.

HC 1032 Introduced by: Representatives Rounds and Duvall and Senator Monroe

A LEGISLATIVE COMMEMORATION, Honoring T.F. Riggs High School wrestling program of Pierre, South Dakota, for excellent seasons and for victorious performances in both the 2015 and 2016 Class A State Wrestling Tournaments.

WHEREAS, the T.F. Riggs High School Wrestling Team went undefeated during the 2015-2016 season, including winning the ESD Conference Championship; and

WHEREAS, the T.F. Riggs High School Wrestling Team became the 2015 and 2016 Class A State Champions under the guidance and direction of head coach Shawn Lewis; and

WHEREAS, ten team members placed in the 2015 Championship and thirteen members of the team placed in the 2016 Championship; and

WHEREAS, the Pierre Wrestling Team has won four State Championships in the last five years for a total school history of six State Championships; and

WHEREAS, the Pierre T.F. Riggs High School Wrestling Team has exemplified teamwork, commitment, focus, and sportsmanship in achieving its goals at the South Dakota Class A State Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature congratulates the 2014-2015 and 2015-2106 T.F. Riggs High School Wrestling Teams for their extraordinary performances.

Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 4:57 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk