The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge
of Allegiance led by House page Holly C. Marshall.
Roll Call: All members present except Reps. Bradford and Hunhoff 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 thirty-second 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 Commerce respectfully reports that it has had under consideration SB
121 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 Commerce respectfully reports that it has had under consideration SB
139 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Taxation respectfully reports that it has had under consideration SB
195
which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
114,
190, and
197 and returns the same with the recommendation that
said bills do pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
164 and returns the same with the recommendation that said bill do pass
and be placed on the Consent Calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HCR
1015 which was tabled.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB
181 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration SB
184 and tabled the same.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB
202 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1098, 1188, 1197, and 1228 which have passed the
Senate without change.
I have the honor to return herewith HB 1160 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and
your concurrence is respectfully requested.
Rep. Valandra moved that the House do concur in Senate amendments to HB 1234.
The question being on Rep. Valandra's motion that the House do concur in Senate
amendments to HB 1234.
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn; Frost;
Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens;
Haverly; Heineman; Hennies; Hills; Howie; 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:
Bradford; Deadrick; Hunhoff; Putnam
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.
HCR 1016:
A CONCURRENT RESOLUTION,
Urging Congress to fund the Sioux Nation
Cultural Center.
Rep. Valandra moved that HCR 1016 as found on pages 614 and 615 of the House Journal
be adopted.
The question being on Rep. Valandra's motion that HCR 1016 be adopted.
And the roll being called:
Yeas 54, Nays 13, Excused 3, Absent 0
Nays:
Dykstra; Frost; Hackl; Heineman; Kraus; Pederson (Gordon); Peters; Rave; Rhoden; Tidemann;
Tornow; Van Etten; Vehle
Excused:
Bradford; Hunhoff; Putnam
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1016 was adopted.
SCR 4:
A CONCURRENT RESOLUTION,
Requesting the USDA Forest Service to adopt
the Healthy Forest Alternative to the Phase II Forest Plan Amendment for the Black Hills
National Forest.
Was read the first time and the Speaker waived the committee referral.
Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 25th, the 34th legislative day.
Which motion prevailed.
Rep. Rhoden moved that the reports of the Standing Committees on
Judiciary on SB 60 as found on page 606 of the House Journal
; also
Transportation on SB 119 as found on page 607 of the House Journal
; also
State Affairs on SB 17 as found on page 607 of the House Journal
; also
State Affairs on SB 177 as found on page 608 of the House Journal
; also
State Affairs on SB 193 as found on page 608 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 154:
FOR AN ACT ENTITLED, An Act to
exempt certain entities from the lending
license fees and surety bond requirements and bank franchise taxes.
Was read the second time.
The question being "Shall SB 154 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, 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; 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:
Bradford; Hunhoff; 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.
SB 23:
FOR AN ACT ENTITLED, An Act to
include officers of the Federal Protective
Service and United States Postal Inspection Service in the definition of a federal law enforcement
officer.
Was read the second time.
The question being "Shall SB 23 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Excused:
Bradford; Hunhoff; 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.
SB 24:
FOR AN ACT ENTITLED, An Act to
condition certification of nonparticipating
manufacturers selling tobacco products upon provision of consent to be sued in state courts for
enforcement of tobacco statutes.
Was read the second time.
The question being "Shall SB 24 pass?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, 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; 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
Excused:
Bradford; Hunhoff
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 188:
FOR AN ACT ENTITLED, An Act to
revise the General Appropriations Act for
fiscal year 2005 for education enhancement.
Was read the second time.
"
Section 1. That section 13 of chapter 45 of the 2004 Session Laws be amended as follows:
BOARD OF REGENTS
South Dakota Opportunity Scholarships
Operating Expenses, General Funds, delete "$1,300,000" and insert "$1,933,125"".
The question being "Shall SB 188 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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; 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
Excused:
Bradford; Hunhoff
SB 2:
FOR AN ACT ENTITLED, An Act to
revise the procedure for assessing certain
agricultural property.
Was read the second time.
The question being "Shall SB 2 pass as amended?"
And the roll being called:
Yeas 66, Nays 2, Excused 2, 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; Hunt; Jensen; Jerke; Klaudt; Koistinen;
Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; 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:
Murschel; Van Norman
Excused:
Bradford; Hunhoff
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 78:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the taxes
electric cooperatives pay to certain municipalities.
Was read the second time.
And the roll being called:
Yeas 67, Nays 1, Excused 2, 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; 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; Willadsen; Speaker Michels
Nays:
Wick
Excused:
Bradford; Hunhoff
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 Pro tempore Deadrick now presiding.
SB 83:
FOR AN ACT ENTITLED, An Act to
revise the seller's property condition
disclosure statement.
Was read the second time.
The question being "Shall SB 83 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 2, Absent 1
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; 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
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.
Speaker Michels now presiding.
SB 163:
FOR AN ACT ENTITLED, An Act to
authorize certain multiple employer trusts.
Was read the second time.
The question being "Shall SB 163 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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; 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
Excused:
Bradford; Hunhoff
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 66:
FOR AN ACT ENTITLED, An Act to
provide certain options to school boards in
reorganization, to increase the percentage of voters necessary to petition for school district
reorganization, and to declare an emergency.
Was read the second time.
Rep. Rhoden moved that SB 66 be deferred to Friday, February 25th, the 34th legislative day.
Which motion prevailed and the bill was so deferred.
SB 72:
FOR AN ACT ENTITLED, An Act to
include legal costs as allowable expenditures
from the special education fund.
Was read the second time.
Rep. Dykstra moved that SB 72 be deferred to Monday, February 28th, the 35th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 116:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
Richard Hagen-Minerva Harvey Scholarship Program.
Was read the second time.
The question being "Shall SB 116 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
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; 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
Excused:
Bradford; Hunhoff
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 53:
FOR AN ACT ENTITLED, An Act to
provide for adequate access to health care
provider networks.
Was read the second time.
The question being "Shall SB 53 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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; 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
Excused:
Bradford; Hunhoff
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 95:
FOR AN ACT ENTITLED, An Act to
authorize account wagering and multi-
jurisdictional simulcasting and interactive wagering totalizator hubs and to revise certain
provisions regarding pari-mutuel racing.
Was read the second time.
Rep. Frost moved that SB 95 be deferred to Friday, February 25th, the 34th legislative day.
Which motion prevailed and the bill was so deferred.
SB 217:
FOR AN ACT ENTITLED, An Act to
revise certain cross references in the code
with regard to the implementation of the South Dakota Business Corporation Act and to provide
for an exception to the repealers.
The question being "Shall SB 217 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, 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; 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;
Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van
Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Bradford; Hunhoff; Rounds
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 125, 189, 107, 214, 191, 216, 185, 109, 157, and 175 be
deferred to Friday, February 25th, the 34th legislative day.
Which motion prevailed and the bills were so deferred.
There being no objection, the House reverted to Order of Business No. 6.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 171 and 179.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 222 which has passed the Senate and your
favorable consideration is respectfully requested.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 96 and has appointed Sens. Duniphan, Duenwald, and Dan Sutton as
a committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
The Speaker appointed Reps. Schafer, Hennies, and Halverson as a committee of three on
the part of the House to meet with a like committee on the part of the Senate to adjust the
differences between the two houses on SB 96.
The Speaker publicly read the title to
HB 1098:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions related to the
terms of conservation easements.
HB 1188:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
amounts payable under reinsurance contracts in liquidation proceedings of insurers.
HB 1197:
FOR AN ACT ENTITLED, An Act to
continue certain restrictions on the use
of artificial lights to hunt or locate wild animals.
HB 1228:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
unemployment insurance.
And signed the same in the presence of the House.
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
3:25 p.m. the House adjourned.