JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 22, 2017
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Rev. Craig Wexler, followed by the Pledge of
Allegiance led by House page Faith Houghtaling.
Roll Call: All members present except Reps. Carson and McPherson 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 twenty-fifth 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,
G. Mark Mickelson, Chair
Which motion prevailed.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1082 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1135, which was reconsidered, and returns the same with the recommendation that said bill
be amended as follows:
1135wb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That the code be amended by adding a NEW SECTION to read:
A person shall recover costs and attorney fees for a civil action if:
(1) The person's use of a firearm resulted in the death or serious bodily injury of another
person;
(2) The person using the firearm was acquitted of a crime charged as a result of the
incident pursuant to a defense brought under § 22-5-1; and
(3) The person successfully defends a subsequent civil action brought as a result of the
incident."
And that as so amended said bill do NOT pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1175 and 1189 which were tabled.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1198 which was deferred to the 41st Legislative Day.
Respectfully submitted,
Mike Stevens, Chair
Also MR. SPEAKER:
The House Committee on Appropriations respectfully reports that it has had under
consideration HB 1210 and returns the same with the recommendation that said bill be amended
as follows:
1210fa
On page 1 of the printed bill, delete lines 7 to 15, inclusive, and insert:
"
(1) All unplatted land located in the South Half of Section 15, Township 101 North,
Range 49 West of the 5th Principal Meridian, Minnehaha County, South Dakota
under the control of the Board of Regents, consisting of 14.35 acres, more or less.".
On page 2, delete lines 1 to 3, inclusive.
On page 2, line 14, delete "Department of Corrections training school trust" and insert
"permanent fund created for the South Dakota School for the Deaf".
On page 2, line 15, delete "fund created".
1210ja
On page 1, line 4, of the printed bill, before "Governor" insert "Board of Regents and the".
On page 2, line 11, after "Governor" insert ", at the request of the Board of Regents,".
On page 2, line 16, after "contrary," insert "upon the request of the Board of Regents".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The House Committee on Appropriations respectfully reports that it has had under
consideration SB 128 and returns the same with the recommendation that said bill be referred
to the Committee on Judiciary.
Also MR. SPEAKER:
The House Committee on Appropriations respectfully reports that it has had under
consideration HB 1186 which was tabled.
Respectfully submitted,
David L. Anderson, Chair
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1089 and returns the same with the recommendation that said bill be amended as follows:
1089oa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:
In addition to any penalty that may be imposed on a person pursuant to § 12-27-29.1, if the
secretary of state finds that any person has failed to perform any duty imposed on that person
by this chapter, that person may be assessed an additional penalty not to exceed five hundred
dollars. The secretary of state may refer repeated violations of any duty required under this
chapter for prosecution by a state's attorney or the attorney general.
Section 2. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any person may file with the secretary of state a sworn affidavit alleging a violation of the
campaign finance requirements under this chapter. A sworn affidavit alleging any misconduct,
breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state
any fact on which the affiant relied, and identify any source of factual information. The affidavit
shall be sufficiently detailed and any allegation shall be internally consistent and plausible. The
affidavit shall be evaluated from the standpoint of a reasonable person. A lack of credible
factual evidence to corroborate any allegation of misconduct shall undermine any affidavit. No
conclusion, opinion, supposition, rumor, or innuendo may be considered in the review of the
affidavit. If the sworn affidavit has sufficiently substantiated facts that lead the secretary of state
to believe there is probable cause that a requirement under this chapter has been violated, the
secretary of state may commence the contested case procedure pursuant to chapter 1-26 to
remedy the violation or impose a civil penalty. The secretary of state may refer the complaint
to the Division of Criminal Investigation for an investigation pursuant to chapter 23-3.
Section 3. That chapter 23-3 be amended by adding a NEW SECTION to read:
Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:
(1) Fraud by an elected official, public officer, or public employee in the performance
of any duty imposed by law on the elected official, public officer, or public employee
pursuant to § 22-30A-10;
(2) Bribery in public office pursuant to § 2-12-9, 22-12A-7, or 22-12A-11; or
(3) An intentional violation of any limit on gifts to public officials under chapter 2-12.
The division shall review the facts alleged in the sworn affidavit and may initiate and
conduct an investigation to determine if a law has been violated. If the division has cause to
believe that a law has been violated, the division shall refer the matter to a state's attorney or the
attorney general for prosecution.
Section 4. That chapter 23-3 be amended by adding a NEW SECTION to read:
If an investigation authorized under section 3 of this Act does not reveal sufficient facts to
support a criminal prosecution, the Division of Criminal Investigation may determine that no
further action is required, or refer the matter to:
(1) The Government Operations and Audit Committee for review of a matter involving
a legislator or legislative employee;
(2) The secretary of state for a matter involving a candidate for the Legislature or
statewide office; or
(3) The Judicial Qualifications Commission for a matter involving a judicial officer.
A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall
be signed and sworn to by the affiant, fully state any fact on which the affiant relied, and identify
any source of factual information. The affidavit shall be sufficiently detailed and any allegation
shall be internally consistent and plausible. The affidavit shall be evaluated from the standpoint
of a reasonable person. A lack of credible factual evidence to corroborate any allegation of
misconduct shall undermine any affidavit. No conclusion, opinion, supposition, rumor, or
innuendo may be considered in the review of the affidavit.
Section 5. That chapter 3-6D be amended by adding a NEW SECTION to read:
The Government Operations and Audit Committee shall review and investigate any matter
referred to the committee by the Division of Criminal Investigation and may recommend
appropriate action.
Section 6. That chapter 16-1A be amended by adding a NEW SECTION to read:
The Judicial Qualifications Commission shall review and investigate any matter referred to
the commission by the Division of Criminal Investigation and may recommend appropriate
action."
1089ota
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide
certain provisions regarding investigations of misconduct by certain public officials.".
On page 1, delete line 2.
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 1157 and returns the same with the recommendation that said bill be amended as follows:
1157fc
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 1-16G be amended by adding a NEW SECTION to read:
The state treasurer shall establish the agriculture future development subfund within the
revolving economic development and initiative fund created pursuant to § 1-16G-3. Interest
earned on money in the subfund shall be deposited in the subfund.
Section 2. That chapter 1-16G be amended by adding a NEW SECTION to read:
The Board of Economic Development shall administer the agriculture future development
subfund for the purpose of making grants or loans to promote the use of modern technology and
farming practices or promote the use of South Dakota agricultural products at the regental
system or the technical institutes.
Section 3. That chapter 1-16G be amended by adding a NEW SECTION to read:
In connection with the administration of the agriculture future development subfund, the
Board of Economic Development may, pursuant to chapter 1-26, promulgate rules in
consultation with the Executive Board of the Legislature Research Council to implement the
provisions of sections 1 and 2 of this Act that include:
(1) Setting the application procedures for applying for loans or grants from the subfund;
(2) Establishing criteria to determine which applicants may receive loans or grants;
(3) Governing the use of proceeds of the loans or grants; and
(4) Establishing criteria for the terms and conditions upon which the loans or grants shall
be made, including the terms of security given, if any, to secure the loans.
Section 4. That chapter 1-16G be amended by adding a NEW SECTION to read:
An agriculture future development subcommittee shall be appointed to make agriculture
future development funding recommendations to the Board of Economic Development. The
agriculture future development subcommittee shall be within the Governor's Office of Economic
Development, and shall exercise all its prescribed functions, including administrative functions.
The membership of the subcommittee shall include:
(1) Five members of the Board of Economic Development appointed by the chair of the
board;
(2) Two members appointed by the speaker of the House of Representatives. One
member shall represent a livestock association and one member shall represent a crop
association; and
(3) Two members appointed by the president pro tempore of the Senate. One member
shall represent a livestock association and one member shall represent a crop
association.
The members of the subcommittee provided in subdivisions (2) to (3), inclusive, shall be
appointed to four-year terms of office. The initial terms shall be staggered with two members
appointed to two-year terms of office as determined by the speaker and president pro tempore
so that no more than two members' terms expire in any given year. The speaker and president
pro tempore shall confer before making any appointment to ensure no more than one member
is appointed from an association and that all the members representing either the crop
associations or the livestock associations do not expire in the same year. Not all members may
be from the same political party. Any member appointed to fill a vacancy arising from other than
the natural expiration of a term shall serve only the unexpired portion of the term.
Section 5. That chapter 1-16G be amended by adding a NEW SECTION to read:
In fiscal year 2018, the state treasurer shall transfer from the agriculture future development
subfund the amount available in the subfund, not to exceed three million five hundred thousand
dollars, to the state animal disease research and diagnostic laboratory bond redemption and
operations fund. Each year thereafter, the state treasurer shall annually transfer from the
agriculture future development subfund the sum of three million three hundred fifty thousand
dollars each year to the state animal disease research and diagnostic laboratory bond redemption
and operations fund for the construction, reconstruction, renovation, demolition, and
modernization of facilities and related infrastructure at the State Animal Disease Research and
Diagnostic Laboratory on the campus of South Dakota State University.
Section 6. Section 5 of this Act is repealed on the first day of the month following a
determination by the Animal Industry Board that bonds issued for the State Animal Disease
Research and Diagnostic Laboratory are satisfied and paid in full.
Section 7. That chapter 1-16G be amended by adding a NEW SECTION to read:
If the fees charged by the State Animal Disease Research and Diagnostic Laboratory exceed
the costs of operating the laboratory in any fiscal year, beginning in fiscal year 2021 fifty percent
of the profit shall be transferred from the animal disease research and diagnostic laboratory
revolving fund to the agriculture future development subfund."
1157fta
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "create the
agriculture future development subfund, to provide for its administration, to establish the
agriculture future development subcommittee, and to provide funding for certain programs and
projects.".
On page 1, delete lines 2 to 4, inclusive.
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 1076 and returns the same with the recommendation that said bill be amended as follows:
1076dh
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That the code be amended by adding a NEW SECTION to read:
There is hereby created a State Government Accountability Board to be composed of four
members appointed by the Governor. Each member to be appointed shall be a former or retired
circuit court judge or Supreme Court Justice. No more than two of the appointed members may
be of the same political party. All appointees are subject to confirmation by the Senate and no
appointee may be a member of the Legislature during the member's term on the board. The term
for a board member is five years and a board member may only be removed for good cause.
Good cause to remove a member is conduct such as: malfeasance or misfeasance in office,
neglect of duty, corrupt conduct, gross incompetency, or active partisanship. A vacancy in the
board's membership shall be filled by the Governor within thirty days of the event causing the
vacancy. If a vacancy occurs before a term expires, the new member shall serve for the
remaining portion of the unexpired term. If the Senate is not in session at the time the
appointment is made, the appointee may serve until the Senate has the opportunity to consider
the appointment. The per diem and expenses of the board are the same as the per diem and
expenses for members of interim committees of the Legislature.
Section 2. That the code be amended by adding a NEW SECTION to read:
The initial appointments for the members of the board are temporary and staggered with one
member serving two years, one member serving three years, one member serving four years, and
one member serving five years. Each member's initial term is to be determined by the Governor.
Section 3. That the code be amended by adding a NEW SECTION to read:
The State Government Accountability Board may review and investigate any person holding
a statewide office, as defined in § 12-27-1, and employees of the executive branch of the state
regarding:
(1) Allegations of impropriety related to any contract, grant, or loan with any public
entity that provides the authority to any other entity to expend public funds;
(2) Documents filed under chapter 3-23 or alleged violations relating to conflicts of
interest;
(3) Allegations of a direct or indirect interest in a contract in violation of the constitution
or law;
(4) Allegations of malfeasance;
(5) Allegations of misappropriation of public funds;
(6) Allegations of use of false instruments to obtain public funds;
(7) Allegations of theft or embezzlement of public funds;
(8) Allegations of bribery; or
(9) Allegations of use of public money not authorized by law or in violation of the
constitution.
The board may establish its own procedures, issue subpoenas, administer oaths, and take
sworn testimony.
Section 4. That the code be amended by adding a NEW SECTION to read:
Any person acting in good faith may:
(1) Furnish information to the board relating to suspected, anticipated, or completed
violations of a corrupt act relating to any subdivision in section 3 of this Act;
(2) File a report with the board; or
(3) File a complaint with the board alleging a violation of any subdivision of section 3
of this Act.
The information, reports, or complaints and the investigative records and files of the board
are confidential and not a public record according to chapter 1-27 until the board votes in favor
of conducting a contested case hearing.
Section 5. That the code be amended by adding a NEW SECTION to read:
The board may refer any information, report, or complaint it receives to the Division of
Criminal Investigation for investigation. If, based on the information, report, or complaint, the
board has reasonable cause to believe that a crime has been committed, the matter shall be
referred to the Division of Criminal Investigation. If the Division of Criminal Investigation has
cause to believe that a law has been violated, the division shall refer the matter to a state's
attorney or the attorney general for prosecution. If an investigation does not reveal sufficient
facts to support a criminal prosecution, the Division of Criminal Investigation shall refer the
matter back to the board for the board's consideration. If the Division of Criminal Investigation
determines that the information, report, or complaint is frivolous, it shall communicate this
determination to the board in writing and the board may close the matter.
Section 6. That the code be amended by adding a NEW SECTION to read:
A person acting in good faith is immune from civil liability for furnishing information, filing
a report, or making a complaint. If a civil action is commenced against a person for damages
related to furnishing information, filing a report, or making a complaint and the court determines
that the person acted in good faith, the person may recover costs or disbursements under chapter
15-17 including reasonable attorney's fees. However, if the court determines that the person
furnishing information, filing a report, or making a complaint did not act in good faith, the
person who commenced the civil action may recover costs or disbursements under chapter
15-17, including reasonable attorney's fees, from the person who did not act in good faith.
Section 7. That the code be amended by adding a NEW SECTION to read:
If a majority of the members of the board vote that there is sufficient information to believe
that a statewide office holder or executive branch employee has engaged in misconduct related
to any subdivision of section 3 of this Act, the board shall conduct a contested case hearing
according to chapter 1-26 to afford the accused person the opportunity to respond to the
allegation.
Section 8. That the code be amended by adding a NEW SECTION to read:
At the conclusion of the contested case hearing before the board, if the board determines by
a majority vote of the board that a violation has occurred, the board may:
(1) Issue a public or private reprimand;
(2) Direct a person to engage in coursework or community service; or
(3) Make a specific recommendation to the Governor.
Section 9. That the code be amended by adding a NEW SECTION to read:
A person who has submitted information, a report, or complaint to the board pursuant to
section 4 of this Act may request a status update from the board. The board shall respond in
writing.
Section 10. That the code be amended by adding a NEW SECTION to read:
The board shall annually report to the people, the Governor, and the Legislature on its
activities. The report shall include data regarding any allegations of violations of subdivisions
of section 3 of this Act, including the number of reports filed, complaints received, number of
unique persons filing complaints or reports, and hearings conducted by the board. The board
may not disclose information that is not subject to disclosure under chapter 1-27 or pursuant to
section 4 of this Act.
Section 11. That the code be amended by adding a NEW SECTION to read:
The State Government Accountability Board is attached to the Office of the Attorney
General for administrative and budgetary support. In order to review and investigate any alleged
violation of the subdivisions listed in section 3 of the Act, the board may employ staff as it
deems necessary. The extraordinary litigation fund established in § 1-14-3.1 may be used for
legal and investigative expenses authorized by the board."
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 1115 which was tabled.
Respectfully submitted,
Larry Rhoden, Chair
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 51, 52, and 137 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
Respectfully submitted,
Larry Zikmund, Vice Chair
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 55
which was deferred to the 41st Legislative Day.
Respectfully submitted,
Timothy R. Johns, Chair
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1142 and returns the same with the recommendation that said bill be amended as follows:
1142ba
On the printed bill, delete everything after the enacting clause and insert:
" Section 1.That chapter 22-16 be amended by adding a NEW SECTION to read:
Vehicular homicide as set forth in § 22-16-41 may be charged in the alternative as
manslaughter in the first degree, as set forth in § 22-16-15."
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1183 and returns the same with the recommendation that said bill be amended as follows:
1183ba
On page 7, line 18, of the printed bill, delete everything after "(4)" and insert "A certified
nurse practitioner or clinical nurse specialist with current psychiatric certification and with
training on how to conduct and score competency evaluations;".
On page 7, delete lines 19 and 20.
1183fb
On page 7, line 14, of the printed bill, after "A" insert "licensed".
On page 7, line 18, delete "An" and insert "A licensed".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1200 and returns the same with the recommendation that said bill be amended as follows:
1200wa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:
If a ballot question committee receives contributions totaling twenty-five thousand dollars
or more within a twelve-month period from an organization or from a political action committee
that is not otherwise required to file a campaign finance disclosure statement under subdivision
12-27-22(2), the committee shall disclose in a supplemental disclosure within the committee's
campaign finance disclosure required under this chapter the name and address of the fifty largest
contributors to the organization or political action committee during the one year preceding the
date the supplemental disclosure is filed.
Section 2. That chapter 12-27 be amended by adding a NEW SECTION to read:
If any organization, or any political action committee that is otherwise required to file a
campaign finance disclosure statement under subdivision 12-27-22(2), makes an independent
communication expenditure of twenty-five thousand dollars or more within a twelve-month
period, the organization or committee shall disclose as a supplemental disclosure within the
campaign finance disclosure statement required under this chapter the name and address of the
fifty largest contributors to the organization or the political action committee during the one year
preceding the date the supplemental disclosure is filed.
Section 3. That chapter 12-27 be amended by adding a NEW SECTION to read:
If any of the fifty largest contributors required to be disclosed under this Act is an
organization or political action committee that is not otherwise required by any other law to
disclose its contributors, the ballot question committee, organization, or political action
committee shall collect and disclose the top fifty contributors to the contributing organization
or political action committee in a supplemental disclosure.
Section 4. That chapter 12-27 be amended by adding a NEW SECTION to read:
The disclosure requirements under this Act do not apply to:
(1) A nonprofit corporation as defined in 26 U.S.C. § 501(c)(3);
(2) An organization from which any part of the net earnings inures to the benefit of a
private shareholder, partner, member, or person; or
(3) A contributor of less than five thousand dollars during the required reporting period.
Section 5. That chapter 12-27 be amended by adding a NEW SECTION to read:
If an organization, political action committee, or ballot question committee fails to make a
timely disclosure pursuant to this Act, the organization, political action committee, or ballot
question committee shall be subject to a civil penalty of not more than five thousand dollars to
be imposed by the secretary of state and deposited into the general fund. If a ballot question
committee knowingly and intentionally fails to make a timely disclosure pursuant to this Act,
the ballot question committee shall be subject to a civil penalty equal to twenty-five percent of
the organization's or political action committee's aggregate contribution during that calendar
year to be imposed by the secretary of state and deposited into the general fund. If an
organization or political action committee fails to make a timely disclosure pursuant to section
3 of this Act the organization or political action committee is subject to a civil penalty equal to
twenty-five percent of the total independent communication expenditure made by that
organization or political action committee imposed by the secretary of state and deposited into
the general fund. An intentional violation of the provisions of this Act is a Class 1 misdemeanor.
Section 6. That chapter 12-27 be amended by adding a NEW SECTION to read:
If any ballot question committee, organization, or political action committee is found to be
in violation of the provisions of this Act and does not comply with the provisions of this Act
within ten days of written notification delivered by certified mail from the secretary of state, the
committee or organization may not contribute to any other ballot question committee or make
any other independent communication expenditure for a period of five years.
Section 7. That chapter 12-27 be amended by adding a NEW SECTION to read:
For purposes of this Act, all ballot question committees established, financed, maintained,
or controlled by the same corporation, labor organization, person, or group of persons, including
any parent, subsidiary, branch, division, department, or local unit are affiliated and share a
single contribution limit."
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1001, which was reconsidered, and returns the same with the recommendation that said bill
be amended as follows:
1001ba
On page 1, line 6, of the printed bill, delete "with a felony penalty".
On page 1, line 8, delete "with a felony penalty".
On page 2, line 3, after "25.1." insert "The provisions of this section do not apply to any
bill, amendment, or measure, or sections thereof, involving a Class 2 misdemeanor.".
1001bd
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 2-1-19 be amended to read:
2-1-19. A prison or jail population cost estimate shall be attached to any bill, or amendment,
or measure proposed by ballot initiative except misdemeanor penalties, that may impact the state
prison or county jail population. A prison or jail population cost estimate shall be attached to
any measure proposed by ballot initiative, except Class 2 misdemeanor penalties, that may
impact the state prison or county jail population. A prison or jail population cost estimate shall
be prepared for a bill or amendment with a Class 1 misdemeanor penalty only upon a request
authorized by the rules of the Legislature. The requirement for a cost estimate includes each bill
or, amendment, or ballot initiative that meets the penalty requirements of this section and that
increases the period of imprisonment authorized for an existing crime, that adds a new crime
for which imprisonment is authorized, that imposes a minimum or mandatory minimum term
of imprisonment, or that modifies any law governing release of a prisoner from imprisonment
or supervision.
The sponsor of the legislation, amendment, or ballot initiative shall request and allow
sufficient time to prepare a cost estimate from the
Bureau of Finance and Management or the
Legislative Research Council. The cost estimate shall be completed for a bill
or amendment
before the bill
or amendment is considered by any standing committee of the Legislature. Any
ballot initiative shall have a cost estimate attached to the Attorney General's statement required
pursuant to § 12-13-9 or 12-13-25.1.
Section 2. That § 2-1-20 be amended to read:
2-1-20. A cost estimate pursuant to § 2-1-19 shall include the following:
(1) An analysis of the specific components of the bill or the ballot initiative that will
impact the prison and jail population;
(2) The projected cost of the impact of the bill on the state prison system and the
aggregate cost to county jails on an annual basis and cost of the bill over a ten year
period; and
(3) Operational costs and capital costs including all manner of construction.
Section 3. The Code Counsel shall transfer §§ 2-1-19 and 2-1-20 to chapter 2-9."
And that as so amended said bill do pass and be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1192 which was deferred to the 41st Legislative Day.
Respectfully submitted,
Mike Stevens, Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to return herewith HB 1061 which has passed the Senate without change.
Also MR. SPEAKER:
I have the honor to inform your honorable body that HB 1078 was lost for failure to be
placed on the Senate calendar.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 28, 124, 142, and 147 which have passed the
Senate and your favorable consideration is respectfully requested.
Respectfully,
Kay Johnson, Secretary
MOTIONS AND RESOLUTIONS
Rep. Brunner moved that the House do concur in Senate amendments to HB 1127.
The question being on Rep. Brunner's motion that the House do concur in Senate
amendments to HB 1127.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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. Willadsen moved that the Committee on Judiciary be instructed to deliver HB 1175
to the floor of the House, pursuant to Joint Rule 7-7.
Which motion was not supported.
Rep. Pischke moved that the Committee on Judiciary be instructed to deliver HB 1203 to
the floor of the House, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Rep. Frye-Mueller moved that the Committee on State Affairs be instructed to deliver
HB 1129 to the floor of the House, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Rep. Latterell moved that the Committee on Judiciary be instructed to deliver HB 1189 to
the floor of the House, pursuant to Joint Rule 7-7.
Which motion was not supported.
Rep. Haugaard moved that the House Committee on Appropriations be instructed to deliver
HB 1199 to the floor of the House, pursuant to Joint Rule 7-7.
Which motion was not supported.
Rep. Qualm moved that the rules be suspended for the sole purpose of extending the
deadline for the delivery of HB 1188 from the House Committee on Appropriations to the house
of origin to Thursday, February 23, the 27th Legislative Day, considering the report of the
standing committee, and placing the bill on the calendar.
The question being on Rep. Qualm's motion that the rules be suspended for the sole
purpose of extending the deadline for the delivery of HB 1188 from the House Committee on
Appropriations to the house of origin to Thursday, February 23, the 27th Legislative Day,
considering the report of the standing committee, and placing the bill on the calendar.
And the roll being called:
Yeas 65, Nays 3, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr;
Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten
(Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring;
Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson;
Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Nays:
Dennert; Heinemann; Kaiser
Excused:
Carson; McPherson
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 rules were suspended.
Rep. Qualm moved that SB 128 be referred from the House Committee on Appropriations
to the Committee on Judiciary.
Which motion prevailed.
Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Thursday, February 23, the 27th legislative day.
Which motion prevailed.
HCR 1009 Introduced by: Representatives Bordeaux and Lesmeister
A CONCURRENT RESOLUTION, Supporting the establishment of a truth and healing
conciliation commission for the purpose of studying race relations among Native Americans
and the State of South Dakota.
WHEREAS, The Great Sioux Nation has faced treaty violations and systemic corruption
that resulted in the loss of their most sacred lands, followed by an epidemic of young ones being
removed from their homes, families, and traditions - a problem so widespread that it has
decimated the generation charged with carrying their culture forward and continues today to
cause poverty, suicide, and hardship; and
WHEREAS, the truth and healing conciliation commission would make recommendations
for improving relations in the spirit of Governor Mickelson's 1990 "Year of Reconciliation"
proclamation, and the commission would work to promote understanding, cooperation, and
awareness among Native Americans and all races within the state; and
WHEREAS, the State of Maine and the Wabnaki tribes, Canada and its indigenous peoples,
South Africa, and others have utilized truth and conciliation commissions to expose the truth
and to offer healing to those affected by past government acts; and
WHEREAS, a truth and healing conciliation commission may be utilized for the following
purposes: to take testimony from those affected by past government policies and actions
involving Native Americans; to identify how it impacted lives so that stories will not be lost in
U.S. history; to release a comprehensive report focused on the impacts and ongoing effects of
policy toward tribes; to provide recommendations on how to begin an official process of
healing, which includes specific ways to address the effects of government policy; and to
provide recommendations to the state on how to move toward increased tribal involvement,
communication, and respect for each tribe's sovereignty; and
WHEREAS, the formation of a truth and healing conciliation commission aims to uncover
and acknowledge the truth, to create opportunities to heal and learn from that truth, and to
collaborate on best practices for moving forward; and
WHEREAS, truth and conciliation is an ongoing process with commitments from the
members of the tribes and their respective governments and state government:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature encourages and supports the formation of a truth and healing conciliation
commission to oversee a full explication of past and present policies affecting tribes and their
members and chart a path forward for the healing and empowerment of America's original
inhabitants.
Was read the first time and referred to the Committee on State Affairs.
HCR 1010 Introduced by: Representatives DiSanto, Brunner, Campbell, Dennert, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Haugaard, Howard, Kaiser, Latterell, Livermont,
Marty, May, Peterson (Sue), and Rasmussen and Senators Greenfield (Brock), Jensen (Phil),
Maher, Monroe, Nelson, Netherton, Russell, Stalzer, Tapio, and Wiik
A CONCURRENT RESOLUTION, Prohibiting officials and employees of the South Dakota
Department of Education and members of the South Dakota Board of Education from
joining certain organizations or consortia that may present a conflict of interest.
WHEREAS, it is the duty of the Legislature to adopt all suitable means to secure to the
people the advantages and opportunities of education; and
WHEREAS, the South Dakota Board of Education and the South Dakota Department of
Education were created to assist in that mission; and
WHEREAS, the South Dakota Board of Education and the officials and employees of the
South Dakota Department of Education are first responsible to the citizens of the State of South
Dakota; and
WHEREAS, conflict of interest laws apply to state officers and employees who approve,
award, or administer any contract as referenced in the South Dakota Bureau of Human Resource
Employee Handbook; and
WHEREAS, the Smarter Balanced Assessment Consortium requires officials of the South
Dakota Department of Education to bind the State of South Dakota to the decisions of the
organization as a condition of membership on the governing board:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Second Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature does hereby declare it a conflict of interest for the secretary of education,
members of the Board of Education, any employee of the Department of Education, or any other
government official to participate in any organization or consortium that can exercise control
over any aspect of education in the State of South Dakota.
Was read the first time and referred to the Committee on Education.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Qualm moved that the report of the Standing Committee on
House Committee on Appropriations on HB 1176 as found on page 425 of the House
Journal be adopted.
Which motion prevailed.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 28: FOR AN ACT ENTITLED, An Act to revise the exceptions to presumptive
probation.
Was read the first time and referred to the Committee on Judiciary.
SB 124: FOR AN ACT ENTITLED, An Act to repeal the authority for the Department of
Social Services to enter agreements related to the Refugee Act of 1980 and to require certain
reports regarding services provided to and arrival of refugees.
Was read the first time and referred to the Committee on State Affairs.
SB 142: FOR AN ACT ENTITLED, An Act to provide for certain updates and reports
concerning research data and methods used to assess agricultural land.
Was read the first time and referred to the Committee on Taxation.
SB 147: FOR AN ACT ENTITLED, An Act to establish a rate-setting methodology for
services delivered by community-based health and human services providers.
Was read the first time and referred to the Committee on Health and Human Services.
SECOND READING OF CONSENT CALENDAR ITEMS
SB 12: FOR AN ACT ENTITLED, An Act to revise certain provisions administered by
the Department of Agriculture related to nursery stock, conservation, forestry, and farm
mediation.
Was read the second time.
The question being "Shall SB 12 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 13: FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning potato
grades and standards.
Was read the second time.
The question being "Shall SB 13 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 64: FOR AN ACT ENTITLED, An Act to define the term of a vacancy appointment
for water development district directors.
Was read the second time.
The question being "Shall SB 64 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 146: FOR AN ACT ENTITLED, An Act to revise the voting authority of an alderman.
Was read the second time.
The question being "Shall SB 146 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 73: FOR AN ACT ENTITLED, An Act to provide a special tribal veteran license plate
for certain motor vehicles.
Was read the second time.
The question being "Shall SB 73 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 1211: FOR AN ACT ENTITLED, An Act to provide for a grace period after the
expiration of a permit and a warning ticket for carrying a concealed pistol while in possession
of an expired permit.
Having had its second reading was up for consideration and final passage.
Rep. Brunner moved that HB 1211 be amended as follows:
On page 1, after line 13 of the printed bill, insert:
" Section 2. That the code be amended by adding a NEW SECTION to read:
The grace period provided in section 1 of this Act does not apply to any permit holder who
committed a crime that would make it unlawful for the permit holder to own or possess a gun,
or a permit holder who attempted to renew the holder's permit, but was denied renewal upon
application for a reason provided in § 23-7-7.1.".
Which motion prevailed.
The question being "Shall HB 1211 pass as amended?"
And the roll being called:
Yeas 65, Nays 3, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Chase; Clark; Conzet; DiSanto;
Duvall; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley;
Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser;
Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills;
Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden;
Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen;
Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Nays:
Campbell; Dennert; Goodwin
Excused:
Carson; McPherson
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 1063: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
payment of special assessments.
Was read the second time.
The question being "Shall HB 1063 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 1149: FOR AN ACT ENTITLED, An Act to revise the tax on certain
telecommunication services and devices.
Was read the second time.
The question being "Shall HB 1149 pass as amended?"
And the roll being called:
Yeas 44, Nays 24, Excused 2, Absent 0
Yeas:
Ahlers; Bartling; Beal; Bordeaux; Brunner; Campbell; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Jamison; Jensen
(Kevin); Johnson; Kaiser; Karr; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Pischke; Qualm; Rasmussen; Reed; Rhoden; Schaefer; Schoenfish; Smith;
Soli; Tieszen; Tulson; Wismer; York; Zikmund
Nays:
Anderson; Bartels; Chase; Clark; Glanzer; Haggar; Heinemann; Holmes; Hunhoff; Johns;
Kettwig; Lake; Otten (Herman); Peterson (Kent); Peterson (Sue); Ring; Rounds; Rozum;
Steinhauer; Stevens; Turbiville; Wiese; Willadsen; Speaker Mickelson
Excused:
Carson; McPherson
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 1159: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
regulation of commercial breeding operations.
Was read the second time.
The question being "Shall HB 1159 pass as amended?"
And the roll being called:
Yeas 55, Nays 12, Excused 3, Absent 0
Yeas:
Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert;
DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Jamison; Jensen (Kevin); Kaiser; Kettwig; Lake;
Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman);
Peterson (Kent); Pischke; Qualm; Reed; Rhoden; Ring; Rounds; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund
Nays:
Ahlers; Conzet; Howard; Johns; Johnson; Karr; Peterson (Sue); Rasmussen; Rozum; Schaefer;
Tieszen; Speaker Mickelson
Excused:
Carson; Hunhoff; McPherson
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 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding golf
carts on state highways.
Was read the second time.
The question being "Shall HB 1117 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Jamison; Jensen (Kevin); Johns; Johnson;
Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey;
Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed;
Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens;
Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Excused:
Carson; Hunhoff; McPherson
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 1133: FOR AN ACT ENTITLED, An Act to require each school district to adopt a
policy to provide for students with specific learning disabilities.
Was read the second time.
Speaker Pro tempore Haggar now presiding.
The question being "Shall HB 1133 pass as amended?"
And the roll being called:
Yeas 50, Nays 18, Excused 2, Absent 0
Yeas:
Ahlers; Bartels; Beal; Bordeaux; Brunner; Campbell; Clark; Dennert; DiSanto; Duvall; Frye-Mueller; Goodwin; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes;
Howard; Jamison; Johns; Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont;
Lust; Marty; May; McCleerey; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Reed;
Rhoden; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Tieszen; Tulson; Wiese; Wismer; York;
Zikmund
Nays:
Anderson; Bartling; Chase; Conzet; Glanzer; Gosch; Hunhoff; Jensen (Kevin); Karr; Otten
(Herman); Peterson (Kent); Ring; Rounds; Rozum; Stevens; Turbiville; Willadsen; Speaker
Mickelson
Excused:
Carson; McPherson
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 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
conflicts of interest for authority, board, or commission members.
Was read the second time.
Rep. Mickelson moved that HB 1170 be amended as follows:
On page 8, line 14, of the House Judiciary Committee engrossed bill, after "money" insert
"in an amount greater than five thousand dollars".
On page 9, line 1, delete "or" and insert "and".
On page 9, line 21, after "other" insert "person".
On page 9, line 21, after "lives" delete "or" insert "and".
On page 10, line 15, after "contract" insert ", or unless the person is employed by the party
as a board member, executive officer, or other person working for the party in an area related
to the contract".
On page 13, line 9, after "No" insert "board".
Rep. Mickelson moved that HB 1170 be further amended as follows:
On page 11, line 2, of the House Judiciary Committee engrossed bill, delete everything
after "dollars" and insert ".".
On page 11, delete line 3.
Which motion prevailed.
The question being "Shall HB 1170 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions related to
exemptions from licensure for nonresidential mortgage loans.
Was read the second time.
Rep. Lust moved that HB 1179 be amended as follows:
On page 1, line 7, of the House Commerce and Energy Committee engrossed bill, after
"period" insert "with more than an aggregate of eight million dollars in loans outstanding at any
one time".
On page 1, line 11, after "." insert "The provisions of this section that provide an exemption
from licensure for a company apply jointly to every entity in which a person has an equity
interest, whether the loan or loans are made by the person individually or through the entity in
which the person holds an equity interest.".
On page 2, line 14, after "dollars" insert ", with no more than eight million dollars in loans
outstanding at any one time. The provisions of this subdivision that provide an exemption from
licensure for an individual apply jointly to every entity in which the individual has an equity
interest, whether the loan or loans are made by the individual or through an entity in which the
individual holds an equity interest".
On page 3, line 8, after "dollars" insert ", with no more than eight million dollars in loans
outstanding at any one time. The provisions of this section that provide an exemption from
licensure for a person apply jointly to every entity in which the person has an equity interest,
whether the loan or loans are made by the person individually or through an entity in which the
person holds an equity interest".
Which motion prevailed.
The question being "Shall HB 1179 pass as amended?"
And the roll being called:
Yeas 40, Nays 28, Excused 2, Absent 0
Yeas:
Ahlers; Beal; Bordeaux; Brunner; Campbell; Clark; Conzet; DiSanto; Frye-Mueller; Goodwin;
Gosch; Hawley; Holmes; Howard; Jensen (Kevin); Johnson; Kaiser; Karr; Lake; Latterell;
Lesmeister; Livermont; Lust; Marty; May; Otten (Herman); Peterson (Kent); Peterson (Sue);
Pischke; Rasmussen; Rhoden; Rounds; Schaefer; Smith; Soli; Steinhauer; Tieszen; Turbiville;
Willadsen; Speaker Mickelson
Nays:
Anderson; Bartels; Bartling; Chase; Dennert; Duvall; Glanzer; Greenfield (Lana); Haggar;
Haugaard; Heinemann; Hunhoff; Jamison; Johns; Kettwig; McCleerey; Mills; Qualm; Reed;
Ring; Rozum; Schoenfish; Stevens; Tulson; Wiese; Wismer; York; Zikmund
Excused:
Carson; McPherson
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 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
approval by the governing board of licenses for alcoholic beverages.
Was read the second time.
The question being "Shall HB 1107 pass?"
And the roll being called:
Yeas 49, Nays 19, Excused 2, Absent 0
Yeas:
Ahlers; Bartels; Bartling; Brunner; Campbell; Chase; DiSanto; Duvall; Glanzer; Goodwin;
Hawley; Heinemann; Holmes; Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Kettwig;
Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Peterson (Kent);
Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer;
Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker
Mickelson
Nays:
Anderson; Beal; Bordeaux; Clark; Conzet; Dennert; Frye-Mueller; Gosch; Greenfield (Lana);
Haggar; Haugaard; Hunhoff; Johns; Karr; Otten (Herman); Peterson (Sue); Pischke; Ring;
Smith
Excused:
Carson; McPherson
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 1074: FOR AN ACT ENTITLED, An Act to provide for limits on certain out-of-state
contributions to ballot question committees.
Was read the second time.
The question being "Shall HB 1074 pass as amended?"
And the roll being called:
Yeas 50, Nays 18, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Beal; Bordeaux; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller;
Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Holmes; Howard;
Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister;
Livermont; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue);
Pischke; Qualm; Rasmussen; Rhoden; Rounds; Schaefer; Soli; Steinhauer; Stevens; Tulson;
Wiese; Willadsen; Wismer; Zikmund; Speaker Mickelson
Nays:
Ahlers; Bartling; Chase; Conzet; Duvall; Haggar; Hawley; Kaiser; Latterell; Lust; Reed; Ring;
Rozum; Schoenfish; Smith; Tieszen; Turbiville; York
Excused:
Carson; McPherson
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 1141: FOR AN ACT ENTITLED, An Act to provide for a legislative task force to
consider certain legislation proposed to revise provisions regarding the initiative and referendum
process in South Dakota.
Was read the second time.
The question being "Shall HB 1141 pass as amended?"
And the roll being called:
Yeas 39, Nays 29, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Chase; Clark; Conzet; Duvall; Glanzer; Haggar; Heinemann; Holmes;
Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lust; Mills;
Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker
Mickelson
Nays:
Ahlers; Bartling; Beal; Bordeaux; Brunner; Campbell; Dennert; DiSanto; Frye-Mueller;
Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Kaiser; Karr; Lesmeister;
Livermont; Marty; May; McCleerey; Otten (Herman); Peterson (Sue); Pischke; Ring; Smith;
Soli; Wismer
Excused:
Carson; McPherson
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 1196: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized use of
electronic listening or recording devices in classrooms.
Was read the second time.
The question being "Shall HB 1196 pass as amended?"
And the roll being called:
Yeas 19, Nays 49, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Glanzer; Hawley; Johns; Kettwig; Lesmeister;
McCleerey; Ring; Schoenfish; Smith; Soli; Stevens; Tieszen; Wismer; York
Nays:
Beal; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller;
Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Holmes; Howard;
Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Lake; Latterell; Livermont; Lust;
Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Steinhauer; Tulson; Turbiville; Wiese;
Willadsen; Zikmund; Speaker Mickelson
Excused:
Carson; McPherson
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
underage prostitution.
Was read the second time.
The question being "Shall HB 1143 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 1155: FOR AN ACT ENTITLED, An Act to revise the penalty for aggravated assault
with the intent to disfigure the victim.
Was read the second time.
Rep. Johns moved that HB 1155 be amended as follows:
On page 1, after line 6 of the House Judiciary Committee engrossed bill, insert:
"
Assault with intent to cause serious permanent disfigurement as set forth in this section may
be charged in the alternative as aggravated assault, as set forth in § 22-18-1.1.".
Which motion prevailed.
The question being "Shall HB 1155 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson; McPherson
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 Mickelson now presiding.
Rep. Qualm moved that the balance of the calendar including HB 1090, 1092, 1205, 1206,
1207, 1208, 1209, 1204, 1195, 1185, 1187, 1173, and 1072 and SB 14, 15, 17, 18, 1, 44, 49, 6,
59, 34, 63, 7, 19, 36, 69, 70, 66, 11, 86, 79, and 118 be deferred to Thursday, February 23, the
27th 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 State Affairs respectfully reports that it has had under consideration
HB 1129 and returns the same with the recommendation that said bill be amended as follows:
1129bb
On page 1, line 6 of the printed bill, after "Safety" insert "and the Office of the Secretary
of State".
On page 2, line 5, delete everything after ".".
On page 2, delete line 6.
On page 2, after line 10, insert:
" Section 5. That the code be amended by adding a NEW SECTION to read:
Sections 1 to 4, inclusive, of this Act are repealed when the United States federal
government creates a federal identification card that all United States citizens may apply for and
any information obtained in the issuance of a federal identification card is maintained solely by
the United States government.".
And that as so amended said bill do NOT pass.
Respectfully submitted,
Larry Rhoden, Chair
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1203, which was reconsidered, and returns the same with the recommendation that said bill
be amended as follows:
1203ka
On page 1, line 10, of the printed bill, after "children" insert ", provided that neither parent
has abandoned the children nor been physically absent for the past ninety days".
On page 1, line 11, after "time" insert "with the children spending no less than one hundred
seventy days and nights in each parent's home".
On page 1, line 14, delete "25-4A-27" and insert "25-4A-5".
On page 2, line 2, delete everything after "shall" .
On page 2, line 3, delete everything before "." and insert "determine the appropriate
physical care, custody, and control of a minor child based on a determination of the best
interests of the child".
On page 2, line 10, after "." insert "The court may modify the parenting plan based upon
the best interest of the child, including the days and nights the child will spend in each parent's
home. However, the modification should adhere as closely to one hundred seventy days and
nights spent in each parent's home as possible.".
On page 2, after line 17, insert:
" Section 5. That the code be amended by adding a NEW SECTION to read:
The court may order a psychological evaluation of either parent, and the results of the
evaluation may be taken into account for the determination of physical custody pursuant to
section 2 of this Act.
Section 6. That the code be amended by adding a NEW SECTION to read:
This Act does not constitute a substantial change in circumstances justifying the
modification of existing custody orders, but the provisions shall apply to modification
proceedings which are otherwise properly before the court.".
And that as so amended said bill do NOT pass.
Respectfully submitted,
Mike Stevens, Chair
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1081 and 1088 were
delivered to his Excellency, the Governor, for his approval at 10:20 a.m., February 22, 2017.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1061 and finds the same correctly enrolled.
Respectfully submitted,
G. Mark Mickelson, Chair
SIGNING OF BILLS
The Speaker publicly read the title to
HB 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
consent for correspondence through electronic mail by enrolled customers of portable
electronics.
And signed the same in the presence of the House.
COMMEMORATIONS
HC 1019 Introduced by: Representatives Johnson and Tieszen
A LEGISLATIVE COMMEMORATION, Honoring Excellence in Computer Programming
Inc., a South Dakota corporation, for hosting the 2017 World Finals of the Association for
Computing Machinery (ACM) International Collegiate Programming Contest (ICPC) on
behalf of the South Dakota School of Mines and Technology, the city of Rapid City, and the
state of South Dakota.
WHEREAS, this prestigious Olympic-style collegiate competition will be held in Rapid City
and include the South Dakota School of Mines and Technology, Mount Rushmore Memorial,
Crazy Horse Memorial, and Sanford Underground Research Facility from May 20-25, 2017; and
WHEREAS, the 133 three-person teams that participate in the ICPC World Finals in Rapid
City were selected from more than 46,000 university computer science students at nearly 3,000
universities in more than 100 countries on six continents, demonstrating proficiency in the
development of computer programming reliability to strengthen cyber security; and
WHEREAS, the South Dakota School of Mines and Technology student computer
programming team has been selected to compete in this 2017 World Finals competition and will
be joined by the University of South Dakota student computer programming team; and
WHEREAS, Excellence in Computer Programming, Inc. has raised more than $600,000 in
funds to support the 2017 ICPC World Finals in Rapid City with an estimated economic impact
of $4.2 million for South Dakota:
NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of
the State of South Dakota, that the Legislature expresses respect and congratulations to
Excellence in Computer Programming, Inc., on behalf of the South Dakota School of Mines and
Technology, the city of Rapid City, and the state of South Dakota, for serving as the host for the
2017 World Finals of the ACM International Collegiate Programming Contest.
Rep. Beal moved that the House do now adjourn, which motion prevailed and at 6:06 p.m.
the House adjourned.
Arlene Kvislen, Chief Clerk