The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House pages Erin Healy and Kimberly McCoy.
Roll Call: All members present except Reps. Dykstra, Frost, Gassman, Halverson, Jensen,
and Rausch who were excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the eighteenth 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 Judiciary respectfully reports that it has had under consideration HB
1148 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1178 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1229 and returns the same with the recommendation that said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1234 and returns the same with the recommendation that said bill be amended as follows:
"
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration HB
1224,
1238, and
1247 which were deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1081 which has passed the Senate without change.
I have the honor to transmit herewith SB 25, 93, 94, 100, 103, 123, and 208 which have
passed the Senate and your favorable consideration is respectfully requested.
House Page Resolution 2 Introduced by: Representatives 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
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Eightieth Legislature of the State of South Dakota to Anthony Abeln, Bethany
Bleeker, Sarah Burtt, Erin Chase, Shane Grimme, Lindsay Hammer, Erin Healy, Bonnie
Koster, Kimberly McCoy, Suzanne Miller, Kari Rasmussen, Nicole West, Megan
Whipple.
WHEREAS, the above named served loyally as pages for the House of Representatives
of the Eightieth Legislative Session; and
WHEREAS, the members of the Eightieth House of Representatives express their most
sincere appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the
Eightieth Legislature of the State of South Dakota, that a personal copy of this commemoration
be duly certified and furnished to each page on this last day of service.
Rep. Rhoden moved that House Page Resolution 2 be adopted.
Which motion prevailed and the resolution was adopted.
Rep. Murschel moved that the House do now reconsider the vote by which HB 1159 lost.
The question being on Rep. Murschel's motion to reconsider the vote by which HB 1159
lost.
And the roll being called:
Yeas 39, Nays 25, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Dennert; Elliott; Garnos; Glenski;
Glover; Haley; Hanks; Hargens; Heineman; Hills; Howie; Jerke; Klaudt; Kraus; Krebs; Kroger;
Lange; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Roberts; Rounds; Schafer;
Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Willadsen
Nays:
Cutler; Deadrick; Faehn; Fryslie; Gillespie; Hackl; Haverly; Hennies; Hunhoff; Hunt; Koistinen;
McCoy; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Sebert; Tornow;
Van Etten; Vehle; Weems; Wick; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1159 was up for reconsideration and final passage.
HB 1159:
FOR AN ACT ENTITLED, An Act to
allow intrastate shipment of wine to
consumers by farm wineries.
Having had its second reading was up for reconsideration and final passage.
Rep. Murschel moved that HB 1159 be deferred to Monday, February 7th, the 20th
legislative day.
Which motion prevailed and the bill was so deferred.
HCR 1006:
A CONCURRENT RESOLUTION,
Requesting Congress to provide funding
to implement the memorandum of understanding between the United Sioux Tribes of South
Dakota Development Corporation and the United States Geological Survey related to
geographic information systems, information technology, and the United Sioux Tribes Center
for Geographic Information Systems Resources.
The question being on Rep. Valandra's motion that HCR 1006 be adopted.
And the roll being called:
Yeas 27, Nays 37, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Cutler; Deadrick; Dennert; Elliott; Gillespie; Glenski; Glover;
Haley; Hargens; Hills; Klaudt; Kroger; Lange; McLaughlin; Miles; Murschel; O'Brien; Putnam;
Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman
Nays:
Buckingham; Davis; Faehn; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies;
Howie; Hunhoff; Hunt; Jerke; Koistinen; Kraus; Krebs; McCoy; Nelson; Novstrup; Olson
(Ryan); Pederson (Gordon); Peters; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann;
Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the resolution lost.
HCR 1007:
A CONCURRENT RESOLUTION,
Urging the United States Congress to
enhance federal veterans benefits for members of the National Guard and other reserve
components of the armed forces who have been called into active federal service.
Rep. Lange moved that HCR 1007 as found on pages 332 and 333 of the House Journal
be adopted.
The question being on Rep. Lange's motion that HCR 1007 be adopted.
And the roll being called:
Yeas 62, Nays 2, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street;
Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems;
Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1007 was adopted.
HCR 1008:
A CONCURRENT RESOLUTION,
Requesting the President and Congress
to support Mandatory Country of Origin Labeling of agricultural products.
Rep. Dennert moved that HCR 1008 as found on pages 333 and 334 of the House Journal
be adopted.
The question being on Rep. Dennert's motion that HCR 1008 be adopted.
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1008 was adopted.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Transportation respectfully reports that it has had under consideration HB 1242 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 1201 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1243 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB
1204 which was deferred to the 41st Legislative Day.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 42.
Rep. Rhoden moved that the reports of the Standing Committees on
Health and Human Services on SB 55 as found on pages 328 and 329 of the House Journal
;
also
Judiciary on SB 70 as found on page 329 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
There being no objection, the House proceeded to Order of Business No. 13.
SB 25:
FOR AN ACT ENTITLED, An Act to
revise the purposes for which the
extraordinary litigation fund may be used.
Was read the first time and referred to the Committee on Judiciary.
SB 93:
FOR AN ACT ENTITLED, An Act to
authorize qualified dispositions in trust.
Was read the first time and referred to the Committee on Judiciary.
SB 94:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding trusts.
Was read the first time and referred to the Committee on Judiciary.
SB 100:
FOR AN ACT ENTITLED, An Act to
clarify the rule-making authority for the
sales tax on food refund program.
Was read the first time and referred to the Committee on Taxation.
SB 103:
FOR AN ACT ENTITLED, An Act to
authorize the funding of public
transportation from the state highway fund and to repeal certain obsolete provisions regarding
the state highway fund.
Was read the first time and referred to the Committee on Transportation.
Was read the first time and referred to the Committee on Judiciary.
SB 208:
FOR AN ACT ENTITLED, An Act to
authorize the Transportation Commission
to establish higher maximum speed limits on divided four-lane highways in rural areas.
Was read the first time and referred to the Committee on Transportation.
There being no objection, the House reverted to Order of Business No. 11.
HB 1203: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
distribution of the tax imposed on financial institutions.
Was read the second time.
The question being "Shall HB 1203 pass as amended?"
And the roll being called:
Yeas 63, Nays 1, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Koistinen; Kraus; Krebs; Kroger;
Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan);
Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Klaudt
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
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.
Was read the second time.
The question being "Shall HB 1199 pass as amended?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
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 89:
FOR AN ACT ENTITLED, An Act to
revise certain supervision requirements
regarding the delegation of procedures to dental hygienists.
Was read the second time.
The question being "Shall SB 89 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; 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 1139:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to energy
conservation measures.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1139 pass as amended?"
And the roll being called:
Yeas 55, Nays 9, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Fryslie;
Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly; Heineman;
Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Koistinen; Krebs; Kroger; Lange; McCoy;
McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters;
Putnam; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow;
Turbiville; Valandra; Van Norman; Vehle; Willadsen; Speaker Michels
Nays:
Buckingham; Klaudt; Kraus; Novstrup; Rave; Rhoden; Van Etten; Weems; Wick
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
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 1198:
FOR AN ACT ENTITLED, An Act to
include records of the county weed and
pest board with certain records maintained by the register of deeds related to real property.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1198 pass?"
And the roll being called:
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
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 1227:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
hiring by school districts of persons convicted of felony drug distribution.
Was read the second time.
Rep. Bradford moved that HB 1227 be deferred to Tuesday, February 8th, the 21st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1200:
FOR AN ACT ENTITLED, An Act to
revise certain provisions permitting
certain decisions of a planning commission to be overruled by other public bodies.
Was read the second time.
The question being "Shall HB 1200 pass as amended?"
And the roll being called:
Yeas 10, Nays 54, Excused 6, Absent 0
Yeas:
Brunner; Hanks; Heineman; Kroger; McCoy; McLaughlin; Murschel; Thompson; Tornow;
Valandra
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1018:
FOR AN ACT ENTITLED, An Act to
make an appropriation from the
coordinated soil and water conservation fund to the State Conservation Commission.
Was read the second time.
The question being "Shall HB 1018 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
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 1057:
FOR AN ACT ENTITLED, An Act to
make an appropriation for the payment
of extraordinary litigation expenses and to declare an emergency.
Was read the second time.
The question being "Shall HB 1057 pass?"
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
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 1150:
FOR AN ACT ENTITLED, An Act to
appropriate money for the Northern Crops
Institute.
Was read the second time.
The question being "Shall HB 1150 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott;
Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Hanks; Hargens; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Dykstra; Frost; Gassman; Halverson; Jensen; Rausch
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.
Which motion prevailed and the bills were so deferred.
The Committee on Legislative Procedure respectfully reports that HB 1023 was delivered
to his Excellency, the Governor, for his approval at 8:45 a.m., February 5, 2005.
The Committee on Legislative Procedure respectfully reports that HB 1008, 1033, 1040,
1043, and 1066 were delivered to his Excellency, the Governor, for his approval at 1:15 p.m.,
February 5, 2005.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1081 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1081:
FOR AN ACT ENTITLED, An Act to
allow a school district to maintain
permanent school records electronically rather than on microfilm.
And signed the same in the presence of the House.
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
2:18 p.m. the House adjourned.