The prayer was offered by the Chaplain, Pastor Ruth Ann Loughry, followed by the Pledge
of Allegiance led by House page Bethany Bleeker.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the ninth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB
1079 and returns the same with the recommendation that said bill do
pass and be placed on the Consent Calendar.
The Committee on Taxation respectfully reports that it has had under consideration HB
1001 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce respectfully reports that it has had under consideration SB
9,
14,
18,
19, and
32 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration SB
10,
21, and
33 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Education respectfully reports that it has had under consideration HB
1081 and returns the same with the recommendation that said bill do pass.
The Committee on Local Government respectfully reports that it has had under
consideration HB
1083 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1084 and returns the same with the recommendation that said bill be amended
as follows:
I have the honor to return herewith HCR 1002 in which the Senate has concurred.
I have the honor to transmit herewith SB 1, 40, 42, 45, 50, 52, 61, 70, and 76 which have
passed the Senate and your favorable consideration is respectfully requested.
SCR 1:
A CONCURRENT RESOLUTION,
Praising the dramatic progress at Crazy Horse
Memorial and recognizing the memorial's year of renewing the dream of Chief Henry Standing
Bear and sculptor Korczak Ziolkowski.
The question being on Rep. Hennies' motion that SCR 1 be concurred in.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen;
Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel;
Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden;
Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville;
Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Putnam
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 1 was concurred in.
Rep. Rhoden moved that the reports of the Standing Committees on
Judiciary on HB 1090 as found on page 130 of the House Journal
; also
Judiciary on SB 59 as found on pages 130 and 131 of the House Journal
; also
Health and Human Services on HB 1032 as found on page 131 of the House Journal
; also
State Affairs on HB 1087 as found on page 132 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
HB 1106
Introduced by:
Representatives Boomgarden, Cutler, Deadrick, Jerke, Michels,
and Schafer and Senators Olson (Ed), Abdallah, Broderick, Kooistra, and Nesselhuf
Was read the first time and referred to the Committee on Judiciary.
HB 1107
Introduced by:
Representative Garnos
FOR AN ACT ENTITLED, An Act to
repeal certain voting procedural challenges that may
be made during municipal elections.
Was read the first time and referred to the Committee on Local Government.
HB 1108
Introduced by:
Representative Garnos and Senator Napoli
FOR AN ACT ENTITLED, An Act to
provide additional restrictions for local governments
opting out of the limitation on tax levy increases.
Was read the first time and referred to the Committee on State Affairs.
HB 1109
Introduced by:
Representative Lange
FOR AN ACT ENTITLED, An Act to
provide for certain medical uses of marijuana.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1110
Introduced by:
Representatives Tornow, Buckingham, Cutler, Koistinen, Krebs,
McLaughlin, Michels, Miles, Murschel, Rounds, Thompson, and Van Norman and Senators
Knudson, Earley, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
circumstances under which absentee voting is permitted.
Was read the first time and referred to the Committee on State Affairs.
HB 1111
Introduced by:
Representatives Krebs, Buckingham, Dykstra, Lange, McLaughlin,
Michels, and Weems and Senators Olson (Ed), Abdallah, Bartling, Earley, Hundstad, Koskan,
and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the records
required to be kept by vehicle dealers and used vehicle dealers and to require that certain liens
be paid by a dealer before a vehicle is offered for sale, sold, or exchanged.
Was read the first time and referred to the Committee on Transportation.
FOR AN ACT ENTITLED, An Act to
create the pre-kindergarten initiative pilot program
and to provide for its funding.
Was read the first time and referred to the Committee on Education.
HB 1113
Introduced by:
Representatives Van Etten, Boomgarden, Cutler, Frost, Glenski,
Hunhoff, McCoy, McLaughlin, Miles, Novstrup, Rave, Thompson, and Weems and Senators
Adelstein, Dempster, Knudson, and Sutton (Duane)
FOR AN ACT ENTITLED, An Act to
increase the tax on cigarettes and other tobacco
products, to dedicate the revenue for tobacco prevention and cessation programs and property
tax reduction, and to make an appropriation therefor.
Was read the first time and referred to the Committee on Taxation.
HB 1114
Introduced by:
Representatives Hackl, Garnos, Hanks, Hargens, Koistinen, Miles,
Rave, Rhoden, Rounds, Tornow, and Weems and Senators Duenwald, Abdallah, Adelstein, and
Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
restrict the use of radio frequency identification
technology in humans.
Was read the first time and referred to the Committee on State Affairs.
HB 1115
Introduced by:
Representatives Rounds, Cutler, Elliott, Gillespie, Hackl, Haley,
Hargens, Hennies, Pederson (Gordon), Tornow, Weems, and Willadsen and Senators Nesselhuf,
Bartling, Bogue, Duniphan, Gant, Gray, Hansen (Tom), Koetzle, Moore, Olson (Ed), Peterson
(Jim), and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
require that supplemental coverages be made
available with automobile liability policies.
Was read the first time and referred to the Committee on Commerce.
HB 1116
Introduced by:
Representatives Boomgarden, Jerke, Novstrup, Schafer, Sebert,
and Turbiville and Senators Kooistra, Broderick, Gant, Napoli, and Nesselhuf
FOR AN ACT ENTITLED, An Act to
exempt persons who have not been drinking from
charges of open container in a motor vehicle.
HB 1117
Introduced by:
Representatives Jensen, Davis, Dennert, and Novstrup and
Senators Koskan and Bartling
FOR AN ACT ENTITLED, An Act to
permit a county to file a lien against the property
of the parents for payment of temporary care, temporary custody, shelter, or detention provided
to a child if a judge has ordered payments of part of the costs.
Was read the first time and referred to the Committee on Judiciary.
HB 1118
Introduced by:
Representatives Jensen, Brunner, Davis, Elliott, Haley, Halverson,
Hargens, Kroger, Pederson (Gordon), and Street and Senators Hansen (Tom), Abdallah, Apa,
Bartling, McCracken, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the interest rate
on past due moneys.
Was read the first time and referred to the Committee on Commerce.
HJR 1001
Introduced by:
Representatives Kraus, Bradford, Brunner, Buckingham, Davis,
Deadrick, Dennert, Dykstra, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Hackl,
Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen,
Jerke, Klaudt, Koistinen, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Nelson,
Novstrup, Olson (Ryan), Peters, Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert,
Tidemann, Tornow, Van Etten, Vehle, Weems, Wick, and Willadsen and Senators Koskan,
Abdallah, Apa, Bartling, Bogue, Broderick, Duenwald, Earley, Gant, Gray, Greenfield, Hansen
(Tom), Kelly, Kooistra, Lintz, McNenny, Moore, Napoli, Olson (Ed), Peterson (Jim),
Schoenbeck, Smidt, and Sutton (Dan)
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article XXI of the Constitution of the State of South Dakota, relating
to the definition of marriage.
Was read the first time and referred to the Committee on State Affairs.
There being no objection, the House proceeded to Order of Business No. 13.
SB 1: FOR AN ACT ENTITLED, An Act to revise the method used to determine the capacity of land to produce agricultural products.
SB 40:
FOR AN ACT ENTITLED, An Act to
establish minimum fire safety standards for
specialty resorts.
Was read the first time and referred to the Committee on Commerce.
SB 42:
FOR AN ACT ENTITLED, An Act to
revise the areas where the Game, Fish and
Parks Commission may require a park license.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 45:
FOR AN ACT ENTITLED, An Act to
authorize the Bureau of Administration to
donate the former Governor's residence for a public purpose and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
SB 50:
FOR AN ACT ENTITLED, An Act to
remove certain references regarding
conversion from the requirements for continuation of group health coverage.
Was read the first time and referred to the Committee on Commerce.
SB 52:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
payment of burial expenses by life insurers and fraternal benefit societies.
Was read the first time and referred to the Committee on Commerce.
SB 61:
FOR AN ACT ENTITLED, An Act to
authorize the South Dakota Science and
Technology Authority to use eminent domain for certain limited purposes.
Was read the first time and referred to the Committee on State Affairs.
SB 70:
FOR AN ACT ENTITLED, An Act to
enact the South Dakota Business
Corporation Act, to repeal certain chapters relating to corporations, and to revise certain related
provisions.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on State Affairs.
There being no objection, the House reverted to Order of Business No. 11.
HB 1030:
FOR AN ACT ENTITLED, An Act to
refine the definition of a critical access
hospital.
Was read the second time.
The question being "Shall HB 1030 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen;
Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel;
Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden;
Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville;
Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Putnam
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 1031:
FOR AN ACT ENTITLED, An Act to
authorize the establishment of a delayed
marriage record.
Was read the second time.
The question being "Shall HB 1031 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Putnam
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 1070:
FOR AN ACT ENTITLED, An Act to
provide for the arrest and detention of
certain probationers believed to be in violation of their probation conditions by court service
officers or law enforcement officers.
Was read the second time.
Which motion prevailed and HB 1070 was so amended.
And the roll being called:
Yeas 66, Nays 3, Excused 1, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks;
Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt;
Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson;
Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts;
Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van
Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Valandra; Van Norman
Excused:
Putnam
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 1055:
FOR AN ACT ENTITLED, An Act to
make an appropriation for the payment
of settlement expenses to SDDS, Inc., and to declare an emergency.
Was read the second time.
The question being "Shall HB 1055 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen;
Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel;
Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden;
Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville;
Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Putnam
HB 1075:
FOR AN ACT ENTITLED, An Act to
repeal certain exceptions to the
prohibition on smoking in certain public places.
Was read the second time.
Rep. Hennies moved that Rep. Cutler's motion to amend HB 1075 be laid on the table.
A roll call vote was requested and supported.
The question being on Rep. Hennies' motion that Rep. Cutler's motion to amend HB 1075
be laid on the table.
And the roll being called:
Yeas 18, Nays 52, Excused 0, Absent 0
Yeas:
Bradford; Brunner; Fryslie; Gassman; Gillespie; Halverson; Hargens; Heineman; Hennies;
Koistinen; Krebs; Kroger; Murschel; Rounds; Sigdestad; Street; Tornow; Turbiville
Nays:
Boomgarden; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost;
Garnos; Glenski; Glover; Hackl; Haley; Hanks; Haverly; Hills; Howie; Hunhoff; Hunt; Jensen;
Jerke; Klaudt; Kraus; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sebert;
Thompson; Tidemann; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen;
Speaker Michels
So the motion not having received an affirmative vote of a majority of the members-present,
the Speaker declared the motion lost.
Which motion lost.
Rep. Klaudt moved that HB 1075 be laid on the table.
The question being on Rep. Klaudt's motion that HB 1075 be laid on the table.
And the roll being called:
Yeas 39, Nays 31, Excused 0, Absent 0
Yeas:
Boomgarden; Davis; Deadrick; Dykstra; Faehn; Fryslie; Gassman; Gillespie; Glover; Hackl;
Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Jerke; Klaudt; Koistinen;
Krebs; Kroger; Murschel; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rhoden; Rounds;
Sebert; Sigdestad; Street; Tornow; Turbiville; Valandra; Vehle; Wick; Speaker Michels
Nays:
Bradford; Brunner; Buckingham; Cutler; Dennert; Elliott; Frost; Garnos; Glenski; Hanks;
Hunhoff; Hunt; Jensen; Kraus; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien;
Rausch; Rave; Roberts; Schafer; Thompson; Tidemann; Van Etten; Van Norman; Weems;
Willadsen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1075 was laid on the table.
Rep. Frost announced his intention to reconsider the vote by which HB 1075 lost.
HB 1061:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
licensing of commercial drivers.
Was read the second time.
The question being "Shall HB 1061 pass?"
And the roll being called:
Yeas 56, Nays 13, Excused 1, Absent 0
Nays:
Buckingham; Deadrick; Elliott; Frost; Hargens; Haverly; Klaudt; Kroger; Novstrup; Peters;
Putnam; Sebert; Wick
Excused:
Gassman
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 1085: FOR AN ACT ENTITLED, An Act to prohibit certain payments and receipt of
payments for registering and assisting voters and to establish certain penalties.
Was read the second time.
Rep. Hargens moved that HB 1085 be deferred to Wednesday, January 26th, the 11th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1086:
FOR AN ACT ENTITLED, An Act to
require certain contact information to be
provided when being registered to vote by private entities or individuals.
Was read the second time.
The question being "Shall HB 1086 pass?"
And the roll being called:
Yeas 62, Nays 7, Excused 1, Absent 0
Nays:
Deadrick; Hunhoff; Hunt; Putnam; Rhoden; Van Norman; Speaker Michels
Excused:
Gassman
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. Rhoden moved that SB 16, 54, and 20 be deferred to Wednesday, January 26th, the
11th legislative day.
Which motion prevailed and the bills were so deferred.
The Speaker publicly read the title to
SB 69:
FOR AN ACT ENTITLED, An Act to
revise the administrative rules promulgation
process.
And signed the same in the presence of the House.
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
3:52 p.m. the House adjourned.