The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of
Allegiance led by House page Sarah Burtt.
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 tenth 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 State Affairs respectfully reports that it has had under consideration HB
1097 and SB
44 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
62 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Transportation respectfully reports that it has had under consideration
HB
1078 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
SB
31 and
63 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1049 and returns the same with the recommendation that said bill be amended as follows:
"
Section 1. That
§
41-10-1
be amended to read as follows:
41-10-1.
In
Terms used in
this chapter
, unless the context otherwise requires
mean
:
41-10-2.
The
Game, Fish and Parks Commission
department
may issue and renew shooting
preserve operating permits for privately owned and operated shooting preserves.
Section 3. That
§
41-10-3
be amended to read as follows:
41-10-3.
Any person owning, holding, or controlling, by lease or otherwise, any contiguous
tract of land of not more than
one
two
thousand
two
five
hundred
eighty
sixty
acres, who desires
to establish a shooting preserve under the regulations provided in this chapter,
shall
may
make
application to the
Game, Fish and Parks Commission
department
for a shooting preserve
operating permit.
Said
The
application shall be made by the applicant
, his agent, or his
or the
applicant's agent or
attorney, and shall be accompanied by a fee which is determined as provided
by § 41-10-4.
Section 4. That
§
41-10-4.5
be amended to read as follows:
41-10-4.5.
Upon receipt of a written application for a new shooting preserve operating
permit, the
commission shall schedule a public hearing on the application
department shall
notify the public of the application by publishing notice of the time and manner in which
interested persons may present data, opinions, or arguments in writing to the department on the
application and the manner in which interested persons may request status as an interested party
and request receipt of written notice of the decision of the department
. The department shall
publish
the
notice
of the time, place, and purpose of the hearing
once at least twenty days
before
the hearing
prior to the time designated by the department in the published notice
in at least
three newspapers of general circulation in areas of the state likely to be affected by the proposed
permit.
After the hearing, the commission may issue the permit in accordance with the
requirements of § 41-10-7.
No more than ten days after the time designated by the department
in the published notice, the department shall provide and mail by certified mail, return receipt
requested, written notice of its decision made in accordance with the requirements of
§
41-10-7
to the applicant and to any person who submitted within the prescribed time and manner data,
opinions, or arguments in writing to the department in opposition to issuance of the new
operating permit and who requested the status as an interested party in accordance with this
section and the published notice. The date that written notice of the decision is mailed to the
applicant and to an interested person who requested the status of an interested party constitutes
the respective date notice of application denial or approval has been provided as referenced in
sections 9 and 10 of this Act.
Section 5. That
§
41-10-6
be amended to read as follows:
41-10-6.
Upon receipt of the application for a shooting preserve operating permit, the
Game,
Fish and Parks Commission
department
shall inspect the area described in
such
the
application,
the premises, and the facilities. The
commission
department
also shall evaluate the ability of the
applicant to operate an area of this character.
Section 6. That
§
41-10-7
be amended to read as follows:
41-10-7.
If the
Game, Fish and Parks Commission finds that
department is satisfied that all
of the following criteria have been established by the applicant
:
Section 7. That
§
41-10-14
be amended to read as follows:
41-10-14.
Within the limits set by the
Game, Fish and Parks Commission
commission, in
rules promulgated pursuant to chapter 1-26,
the shooting preserve operator may establish
his
own
shooting
hours and
limitations and restrictions on the age, sex,
and
number
, and type
of
each game species that may be taken by each person
, and he
. The operator
may establish
his
own shooting hours, bag limits, and
the fees to be charged to
his
the operator's
guests.
Section 8. That
§
41-10-16
be amended to read as follows:
41-10-16.
Any person licensed to hunt a species as required by this chapter may harvest and
legally possess pen raised or wild game shot on a shooting preserve if
such
the
game is tagged
as directed by the
Game, Fish and Parks Commission
commission in rules promulgated
pursuant to chapter 1-26
. The provisions of this section relating to issuance of tags and
remittance of tag fees, shall be administered by the
Department of Game, Fish and Parks
department
pursuant to commission rules adopted pursuant to § 41-2-18. The cost of each
such
tag to the shooting preserve operator shall be established by the commission
in rules
promulgated pursuant to chapter 1-26
.
Section 9. That chapter
41-10
be amended by adding thereto a NEW SECTION to read as
follows:
Section 10. That chapter
41-10
be amended by adding thereto a NEW SECTION to read as
follows:
Section 11. That ARSD 41:09:01:01 be amended to read as follows:
Section 12. That ARSD 41:09:01:06 be amended to read as follows:
41:09:01:06. Applications - New and renewal -- Appeal process for renewal applications.
Applications for new shooting preserves and renewal applications for existing shooting
preserves must be received in the Pierre office of the department no earlier than January 1 and
no later than March 1 of the year the shooting preserve operation is to begin.
The commission
shall review all new applications at a regular meeting.
The director of the Division of Wildlife shall consider all renewal applications. If the
director denies a renewal application, the department shall send a notice of denial to the
applicant by certified mail, return receipt requested.
The applicant may appeal the denial of the renewal application by the director by giving
notice of appeal and requesting review by the commission. The notice of appeal and request for
review must be mailed to the department by certified mail, return receipt requested, within 30
days after the date of the notice of application denial. If the notice of appeal and request for
review are made within the 30-day time limit, the commission shall review the renewal
application at a regular meeting.
Section 13. That ARSD 41:09:01:06.01 be repealed.
41:09:01:06.01. Notice of public hearing. Upon receipt of a written application for licensing
of a shooting preserve located within one mile of a publicly owned shooting area, the
department shall schedule a public hearing on the application. The department shall publish the
notice of the time and place of hearing once at least 20 days before the hearing in at least three
newspapers of general circulation in different parts of the state likely to be affected by the
application.
Section 14. That ARSD 41:09:01:06.02 be repealed.
41:09:01:06.02. Issuance of permit for shooting preserve located within one mile of publicly
owned shooting area. At the public hearing on an application for issuance of a permit for a
shooting preserve located within one mile of a publicly owned shooting area, the commission
shall receive oral or written comments from the public and a written report from the division
of wildlife. Both the public comments and the report from the division of wildlife shall be based
on the following information:
(1) Existing or potential wild pheasant population on the publicly owned shooting area;
(2) Potential for disease transmission from an adjoining preserve to wild pheasants on the
publicly owned shooting area;
(4) Information related to the management of other wildlife species or recreational
opportunities on the publicly owned shooting area which may be negatively affected by an
adjoining shooting preserve; and
(5) Any information which may indicate detriment to the public interest.
The report of the division of wildlife shall also address the factors listed in SDCL 41-10-7
and shall include the division's recommendation for action on the application. The commission
shall consider the factors listed in SDCL 41-10-7, the comments from the public, and the report
and recommendation of the division of wildlife in making its decision on the application.
Section 15. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval."
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1105 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1092 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1009, 1010, 1020, and 1048 which have passed the
Senate without change.
I have the honor to transmit herewith SB 12, 23, 55, and 77 which have passed the Senate
and your favorable consideration is respectfully requested.
Rep. Faehn introduced Jensi Kellogg-Andrus of Watertown as South Dakota's 2005
Teacher of the Year.
Rep. Deadrick introduced Darrell Mueller of Platte as a 2004 Milken Educator.
Rep. Rhoden introduced Marletta Eich of Madison as a 2004 Milken Educator.
Yesterday, Rep. Frost announced his intention to reconsider the vote by which HB 1075
was lost.
No member moved to reconsider the vote by which HB 1075 was lost.
Was read the first time and the Speaker waived the committee referral.
HCR 1004
Introduced by:
Representatives Hunt, Cutler, Frost, Garnos, Heineman,
Hennies, Klaudt, Kraus, Krebs, Michels, Pederson (Gordon), Rave, Rhoden, Rounds, Tidemann,
Tornow, Turbiville, Weems, and Willadsen and Senators Gray, Broderick, Dempster,
Greenfield, Olson (Ed), and Sutton (Dan)
Was read the first time and the Speaker waived the committee referral.
HCR 1005
Introduced by:
Representatives Hunt, Cutler, Frost, Garnos, Heineman,
Hennies, Klaudt, Kraus, Krebs, Michels, Pederson (Gordon), Rave, Rhoden, Rounds, Tidemann,
Tornow, Turbiville, Van Etten, Weems, and Willadsen and Senators Gray, Bartling, Broderick,
Dempster, Koetzle, McNenny, Olson (Ed), Sutton (Dan), and Two Bulls
Was read the first time and the Speaker waived the committee referral.
Rep. Rhoden moved that the report of the Standing Committee on
Local Government on HB 1084 as found on page 149 of the House Journal be adopted.
Which motion prevailed and the report was adopted.
HB 1119
Introduced by:
Representatives Hunt, Fryslie, Gillespie, Hackl, Krebs, Lange,
McLaughlin, Pederson (Gordon), Rounds, and Weems and Senators Napoli, Abdallah,
Broderick, Hundstad, Kelly, Koskan, McNenny, Moore, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the sale of out-
of-state motor vehicles.
Was read the first time and referred to the Committee on Transportation.
FOR AN ACT ENTITLED, An Act to
revise the conditions for determining when an
eminent domain judgement greatly exceeds the plaintiff's offer.
Was read the first time and referred to the Committee on Judiciary.
HB 1121
Introduced by:
Representative Dennert and Senator Sutton (Duane)
FOR AN ACT ENTITLED, An Act to
revise the capitalization rate for determining certain
agricultural income values.
Was read the first time and referred to the Committee on Taxation.
HB 1122
Introduced by:
Representatives Wick, Brunner, Cutler, Davis, Deadrick, Dykstra,
Faehn, Frost, Garnos, Gassman, Glover, Hackl, Haley, Halverson, Hargens, Heineman, Jensen,
Koistinen, Lange, Michels, Murschel, O'Brien, Rave, Schafer, Sebert, Tornow, Turbiville,
Weems, and Willadsen and Senators Kelly, Abdallah, Bartling, Bogue, Broderick, Duenwald,
Duniphan, Earley, Gant, Hansen (Tom), Hanson (Gary), Lintz, McCracken, Moore, Nesselhuf,
Olson (Ed), Peterson (Jim), Schoenbeck, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
allow agents for property owners to make certain
deductions from gross receipts.
Was read the first time and referred to the Committee on Taxation.
HB 1123
Introduced by:
Representatives Klaudt, Dennert, Glenski, Haverly, Hunhoff,
Peters, Putnam, Rausch, and Tidemann and Senators Bogue, Apa, Bartling, Earley, Greenfield,
Hanson (Gary), Napoli, and Smidt
FOR AN ACT ENTITLED, An Act to
appropriate certain state aid money to the
McLaughlin school district.
Was read the first time and referred to the Committee on Appropriations.
HB 1124
Introduced by:
Representatives Hunhoff, Haley, Halverson, Hargens, Hennies,
Hills, McLaughlin, Murschel, Roberts, and Turbiville and Senators Sutton (Duane), Bartling,
Dempster, Koetzle, Moore, Nesselhuf, Olson (Ed), and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
appropriate money for education enhancement.
Was read the first time and referred to the Committee on Appropriations.
FOR AN ACT ENTITLED, An Act to
reimburse and reward public school counselors who
obtain national certification.
Was read the first time and referred to the Committee on Education.
HB 1126
Introduced by:
Representatives Michels, Dykstra, Gillespie, and Hunhoff and
Senators Moore and Broderick
FOR AN ACT ENTITLED, An Act to
remove certain restrictions that apply to the
unexpended balances of the unemployment insurance compensation fund established by
political subdivisions.
Was read the first time and referred to the Committee on Local Government.
HB 1127
Introduced by:
Representatives Hackl and Sigdestad and Senators Koskan and
Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
authorize the provision of special education and
related services to certain alternative instruction students.
Was read the first time and referred to the Committee on Education.
HB 1128
Introduced by:
Representatives Dykstra, Brunner, Davis, Dennert, Halverson,
Hargens, and Jensen and Senators Duenwald, Koskan, Lintz, McNenny, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
revise the definition of agricultural purposes as it
relates to sales tax.
Was read the first time and referred to the Committee on Taxation.
HB 1129
Introduced by:
Representative Hennies
FOR AN ACT ENTITLED, An Act to
provide for certain revisions in the Criminal Code
Revision Commission bill.
Was read the first time and referred to the Committee on Judiciary.
HB 1130
Introduced by:
Representative Hennies
FOR AN ACT ENTITLED, An Act to effect certain provisions of the Criminal Code Revision Commission bill.
HB 1131
Introduced by:
Representatives Hunt and Koistinen and Senators Broderick and
Knudson
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding investigations
of the Division of Insurance.
Was read the first time and referred to the Committee on Commerce.
HB 1132
Introduced by:
Representatives Miles, Boomgarden, Dykstra, Elliott, Frost,
Gillespie, Glenski, Hackl, Hargens, Hunt, Kraus, McCoy, Michels, Rave, Rhoden, Schafer,
Sigdestad, Street, Thompson, Weems, and Wick and Senators Dempster, Bartling, Duenwald,
Duniphan, Greenfield, Hanson (Gary), Hundstad, Kloucek, Knudson, Koetzle, Kooistra,
McCracken, Nesselhuf, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
clarify the composition of the board of mental
illness if two or more counties jointly establish a board.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1133
Introduced by:
Representatives Miles, Boomgarden, Dykstra, Elliott, Frost,
Glenski, Hackl, Hargens, Hunt, Kraus, McCoy, Michels, Rave, Rhoden, Schafer, Sigdestad,
Street, Thompson, Weems, and Wick and Senators Dempster, Bartling, Duenwald, Duniphan,
Greenfield, Hanson (Gary), Hundstad, Kloucek, Knudson, Koetzle, Kooistra, McCracken,
Nesselhuf, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
authorize additional persons to serve mental illness
commitment papers.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1134
Introduced by:
Representatives Willadsen, Boomgarden, Faehn, Fryslie, Glover,
Haverly, Krebs, McCoy, Peters, Rounds, Sebert, Street, and Weems and Senators Nesselhuf,
Abdallah, Kelly, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
allow the evidence of the failure to wear a safety
belt to mitigate damages under certain circumstances.
Was read the first time and referred to the Committee on Judiciary.
HB 1135 Introduced by: Representatives Willadsen, Faehn, Fryslie, Glover, Haverly, Krebs, Peters, Sebert, Street, and Weems and Senators Sutton (Dan), Abdallah, and Gant
Was read the first time and referred to the Committee on Judiciary.
HB 1136
Introduced by:
Representatives Hackl, Cutler, Garnos, Hargens, Rave, Schafer,
and Weems and Senators Duenwald, Bogue, Gray, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
regulate the use of radio frequency identification
tags.
Was read the first time and referred to the Committee on State Affairs.
HB 1137
Introduced by:
Representatives Hennies, Dennert, Elliott, Gassman, Glover,
Haley, Halverson, Hargens, Hills, Kroger, Lange, McCoy, McLaughlin, Miles, Nelson, Pederson
(Gordon), Rausch, Roberts, Schafer, Sigdestad, Street, and Thompson and Senators Olson (Ed),
Adelstein, Bartling, Hanson (Gary), Hundstad, Kloucek, Koetzle, Kooistra, Moore, Peterson
(Jim), and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
revise the index factor in the state aid to education
formula.
Was read the first time and referred to the Committee on Education.
HB 1138
Introduced by:
Representatives Elliott, Frost, Garnos, McLaughlin, and Novstrup
and Senators Koetzle, Hundstad, and Napoli
FOR AN ACT ENTITLED, An Act to
provide for the establishment of certain honorary
trusts and trusts for domestic animals.
Was read the first time and referred to the Committee on Judiciary.
HB 1139
Introduced by:
Representatives McLaughlin, Buckingham, Cutler, Fryslie,
Halverson, Hanks, Murschel, Pederson (Gordon), and Rave and Senators Sutton (Dan), Bartling,
Broderick, Hundstad, Koetzle, McCracken, Moore, Peterson (Jim), and Schoenbeck
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to energy
conservation measures.
Was read the first time and referred to the Committee on State Affairs.
HB 1140
Introduced by:
Representatives Buckingham, Bradford, Brunner, Dykstra, Elliott,
Hargens, McCoy, Roberts, and Schafer and Senators Peterson (Jim), Bartling, Gray, Hansen
(Tom), Hanson (Gary), Kloucek, Koetzle, Kooistra, Moore, Nesselhuf, Olson (Ed), and Sutton
(Dan)
FOR AN ACT ENTITLED, An Act to
revise the calculation of state aid to education.
Was read the first time and referred to the Committee on Education.
HB 1141
Introduced by:
Representatives Koistinen, Cutler, Dennert, McLaughlin, Michels,
Miles, Novstrup, Van Etten, Weems, and Wick and Senators McCracken, Adelstein, Dempster,
Kelly, Knudson, Moore, and Schoenbeck
FOR AN ACT ENTITLED, An Act to
revise certain provisions on how real property sales
are used to assess real property and to lower the general fund levies of school districts.
Was read the first time and referred to the Committee on Taxation.
HB 1142
Introduced by:
Representatives Sebert, Elliott, Frost, Fryslie, Jensen, Sigdestad,
Van Etten, Vehle, and Willadsen and Senators Olson (Ed), Abdallah, and Knudson
FOR AN ACT ENTITLED, An Act to
provide sales and use tax refunds to certain
fabricators.
Was read the first time and referred to the Committee on Taxation.
HB 1143
Introduced by:
Representatives Lange, Bradford, Elliott, Gassman, Haley, Kroger,
Miles, and Thompson and Senators Sutton (Dan), Bartling, Koetzle, Peterson (Jim), and Two
Bulls
FOR AN ACT ENTITLED, An Act to
repeal capital punishment.
Was read the first time and referred to the Committee on State Affairs.
HB 1144
Introduced by:
Representatives Lange, Bradford, and Dennert and Senator
Kooistra
FOR AN ACT ENTITLED, An Act to
impose an income tax on interest and dividends and
to provide penalties for the violation thereof.
Was read the first time and referred to the Committee on State Affairs.
HB 1145
Introduced by:
Representatives Lange, Bradford, Gassman, Haley, Kroger,
Roberts, Sigdestad, and Thompson
Was read the first time and referred to the Committee on State Affairs.
HB 1146
Introduced by:
Representatives Lange, Bradford, Halverson, Hargens, Sigdestad,
and Thompson and Senator Kooistra
FOR AN ACT ENTITLED, An Act to
revise certain requirements related to nonresident
fishing licenses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1147
Introduced by:
Representatives Lange, Bradford, Dennert, and Elliott
FOR AN ACT ENTITLED, An Act to
provide for certain inspections by licensed home
inspectors, to limit certain recoveries with regard to the sale of residential property, to limit the
application of the statute of limitations, and to provide for the recoveries of certain costs and
attorney fees.
Was read the first time and referred to the Committee on Commerce.
HJR 1002
Introduced by:
Representatives Lange, Bradford, Dennert, Haley, Roberts,
Sigdestad, and Thompson and Senator Kooistra
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election a new section to Article XI of the Constitution of the State of South Dakota, relating
to the imposition of a corporate income tax.
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 12:
FOR AN ACT ENTITLED, An Act to
authorize a parent to appear telephonically
for a hearing to voluntarily terminate parental rights.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on Judiciary.
SB 55:
FOR AN ACT ENTITLED, An Act to
provide for a preference for placement of
abused and neglected children with relatives and to provide a hearing for review of adoptive
placement decisions.
Was read the first time and referred to the Committee on Health and Human Services.
SB 77:
FOR AN ACT ENTITLED, An Act to
correct various references in the code.
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 1032:
FOR AN ACT ENTITLED, An Act to
revise cancer reporting requirements.
Was read the second time.
The question being "Shall HB 1032 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 0, Absent 1
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; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave;
Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow;
Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker
Michels
Absent:
O'Brien
HB 1079:
FOR AN ACT ENTITLED, An Act to
repeal certain executed and superceded
mining statutes.
Was read the second time.
The question being "Shall HB 1079 pass?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, 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; Putnam;
Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson;
Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker
Michels
Nays:
Van Norman
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 1083:
FOR AN ACT ENTITLED, An Act to
exempt certain utility and street contracts
from competitive bid requirements.
Was read the second time.
The question being "Shall HB 1083 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Valandra
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 10:
FOR AN ACT ENTITLED, An Act to
revise certain references to the Rural
Development Telecommunications Network language with appropriate references to the Digital
Dakota Network.
Was read the second time.
The question being "Shall SB 10 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; Putnam;
Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson;
Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen;
Speaker Michels
Excused:
Valandra
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 21: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding the pipeline safety inspection program.
The question being "Shall SB 21 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Putnam;
Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson;
Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick;
Willadsen; Speaker Michels
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 33:
FOR AN ACT ENTITLED, An Act to
update certain provisions for specifications
and tolerances for weighing and measuring devices.
Was read the second time.
The question being "Shall SB 33 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Putnam;
Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson;
Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick;
Willadsen; Speaker Michels
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 1076:
FOR AN ACT ENTITLED, An Act to
permit certain public entities to establish
the maximum indemnity for their officers and employees.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1076 pass as amended?"
And the roll being called:
Yeas 68, Nays 2, Excused 0, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks;
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; Putnam; Rausch; Rave; Rhoden; Roberts;
Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville;
Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Deadrick; Hargens
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.
Having had its second reading was up for consideration and final passage.
Rep. Rhoden moved the previous question.
Which motion prevailed.
The question being "Shall HB 1085 pass?"
And the roll being called:
Yeas 45, Nays 25, Excused 0, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Davis; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl;
Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen;
Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan);
Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Tornow;
Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen
Nays:
Bradford; Cutler; Deadrick; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley;
Halverson; Hargens; Hunt; Kroger; Lange; Miles; Putnam; Roberts; Rounds; Sigdestad; Street;
Thompson; Valandra; Van Norman; Speaker Michels
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 1090:
FOR AN ACT ENTITLED, An Act to
allow debt cancellation contract and debt
suspension contract fees to be included in consumer installment sales contracts.
Was read the second time.
The question being "Shall HB 1090 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 0, Absent 1
Absent:
Van Norman
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 1087:
FOR AN ACT ENTITLED, An Act to
require certain voter registration forms
to be filed within an established time frame and to establish certain penalties.
Was read the second time.
A roll call vote was requested and supported.
The question being on Rep. Bradford's motion that HB 1087 be amended.
And the roll being called:
Yeas 21, Nays 49, Excused 0, Absent 0
Yeas:
Bradford; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Kroger;
Lange; Miles; O'Brien; Roberts; Schafer; Sigdestad; Street; Thompson; Valandra; Van Norman;
Willadsen
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question being "Shall HB 1087 pass as amended?"
And the roll being called:
Yeas 55, Nays 15, Excused 0, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost;
Fryslie; Garnos; Gassman; Gillespie; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies;
Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy;
McLaughlin; Murschel; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam;
Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Thompson; Tidemann; Tornow; Turbiville;
Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Elliott; Glenski; Glover; Haley; Hargens; Kroger; Lange; Miles; O'Brien; Roberts;
Sigdestad; Street; Valandra; Van Norman
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 1001: FOR AN ACT ENTITLED, An Act to establish certain presumptions concerning
real property sales used to value property.
Was read the second time.
Rep. Deadrick moved that HB 1001 be deferred to Monday, January 31st, the 14th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1081:
FOR AN ACT ENTITLED, An Act to
allow a school district to maintain
permanent school records electronically rather than on microfilm.
The question being "Shall HB 1081 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Putnam;
Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson;
Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick;
Willadsen; Speaker Michels
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 16:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
statutes of limitation for workers' compensation claims.
Was read the second time.
Rep. Tornow moved that SB 16 be deferred to Monday, January 31st, the 14th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 54:
FOR AN ACT ENTITLED, An Act to
clarify the procedure to be followed for
expedited abused or neglected child proceedings.
Was read the second time.
Rep. Jensen moved that SB 54 be deferred to Thursday, January 27th, the 12th legislative
day.
Which motion prevailed and the bill was so deferred.
Was read the second time.
The question being "Shall SB 20 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Putnam;
Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson;
Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick;
Willadsen; Speaker Michels
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 59:
FOR AN ACT ENTITLED, An Act to
permit the involuntary feeding or hydration
of a prisoner.
Was read the second time.
Rep. Tornow moved that SB 59 be deferred to Monday, January 31st, the 14th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 9:
FOR AN ACT ENTITLED, An Act to
repeal certain obsolete provisions relating to
a plan for integrated telecommunications functions and facilities.
Was read the second time.
The question being "Shall SB 9 pass?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Nays:
Elliott
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 14, 18, 19, and 32 be deferred to Thursday, January 27th, the
12th legislative day.
Which motion prevailed and the bills were so deferred.
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
3:47 p.m. the House adjourned.