The prayer was offered by the Chaplain, Auggie Minzlaff, followed by the Pledge of
Allegiance led by House pages Ashley Sargent and Jesharelah Sax.
Roll Call: All members present except Reps. Deadrick, Gillespie, Hargens, Krebs, and
Rhoden 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 seventh 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
1074 and
1075 and returns the same with the recommendation that said bills do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1034 and
1041 and returns the same with the recommendation that said bills
do pass and be placed on the Consent Calendar.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1039 and returns the same with the recommendation that said bill be amended
as follows:
"
Section 2. The provisions of this Act are repealed on July 1, 2009.".
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1036 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1040 and returns the same with the recommendation that said bill be referred
to the Committee on Appropriations.
The Committee on Appropriations respectfully reports that it has had under consideration
HB
1011,
1014, and
1022 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1012 and returns the same with the recommendation that said bill be amended as follows:
"
Section 5. No general fund dollars may be used for the maintenance and repair of the facility
authorized by this Act.".
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1015 and returns the same with the recommendation that said bill be amended as follows:
"
Section 7. No general fund dollars may be used for the maintenance and repair of the facility
authorized by this Act.".
I have the honor to transmit herewith SB 3, 11, 12, 13, 25, and 73 which have passed the
Senate and your favorable consideration is respectfully requested.
HOUSE PAGE RESOLUTION 1 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; Michels; 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
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Eighty-first Legislature of the State of South Dakota to Bryan Bietz, Morgan
Hanson, Kelsey Hoven, Michael Jansen, Alyssa Jeschke, Ashley Knock, Chelsea Koepsell,
Brianna Larson, Ashley Mager, Maddie McFarland, Sarah McSparran, Ashley Sargent,
Jesharelah Sax, Kyle Schoenfish.
WHEREAS, the members of the Eighty-first 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 Eighty-
first Legislature of the State of South Dakota, that a personal copy of this resolution be duly
certified and furnished to each page on this last day of service.
Rep. Dykstra moved that House Page Resolution 1 be adopted.
Which motion prevailed and the resolution was adopted.
The House of Representatives recognized Jennifer Coats who served the 2006 Legislature
as a computer intern.
Rep. Heineman moved that SCR 1 be deferred to Monday, January 23rd, the 9th legislative
day.
Which motion prevailed.
Rep. Dykstra moved that the reports of the Standing Committees on
Commerce on HB 1027 as found on page 130 of the House Journal
; also
Agriculture and Natural Resources on HB 1030 as found on page 131 of the House Journal
;
also
Taxation on HB 1009 as found on pages 131 and 132 of the House Journal
; also
Education on HB 1061 as found on page 132 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
HB 1155
Introduced by:
Representatives Hunhoff, Bradford, Cutler, Elliott, Faehn, Frost,
Gassman, Glenski, Howie, Jerke, Kraus, Kroger, Lange, McCoy, McLaughlin, Miles, Novstrup,
Rave, Roberts, Street, Thompson, Van Etten, and Weems and Senators Knudson, Adelstein,
Hansen (Tom), Hundstad, Nesselhuf, and Sutton (Duane)
FOR AN ACT ENTITLED, An Act to
allow local units of government to regulate the
sales, distribution, and use of tobacco products.
Was read the first time and referred to the Committee on State Affairs.
HB 1156
Introduced by:
Representatives Hunhoff, Boomgarden, Cutler, Kraus, Murschel,
Rave, and Van Etten and Senators Hansen (Tom), Broderick, Dempster, Gant, Moore, and
Olson (Ed)
FOR AN ACT ENTITLED, An Act to
require a study of the continuum of care needs for
senior citizens.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1157
Introduced by:
Representatives Olson (Ryan), Boomgarden, Bradford,
Buckingham, Davis, Elliott, Fryslie, Gassman, Gillespie, Glenski, Glover, Haley, Halverson,
Hanks, Hargens, Hennies, Jerke, Kroger, Lange, McLaughlin, Miles, Nelson, Novstrup,
O'Brien, Roberts, Sigdestad, Street, Thompson, Valandra, and Van Norman and Senators
Adelstein, Broderick, Duenwald, Kloucek, Kooistra, Moore, Nesselhuf, Olson (Ed), Peterson
(Jim), Sutton (Dan), and Two Bulls
FOR AN ACT ENTITLED, An Act to
extend opportunity scholarship eligibility to South
Dakota students who attend college or technical school out-of-state and then return to South
Dakota to attend school.
Was read the first time and referred to the Committee on State Affairs.
HB 1158
Introduced by:
Representatives Peters, Boomgarden, Faehn, Hunhoff, Jerke,
Klaudt, Miles, Rausch, Rave, Tidemann, and Van Etten and Senators McCracken, Gant, Gray,
Greenfield, and Olson (Ed)
FOR AN ACT ENTITLED, An Act to
require an expert review when a medical
malpractice action is commenced.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to
define the business of abstracting.
Was read the first time and referred to the Committee on Judiciary.
HB 1160
Introduced by:
Representatives Brunner, Elliott, Hackl, Hennies, Hills, Lange,
McCoy, Nelson, Novstrup, Rave, Roberts, Schafer, Street, Tornow, and Weems and Senators
Kooistra and Nesselhuf
FOR AN ACT ENTITLED, An Act to
provide additional state funding to school districts
that offer certain services and opportunities to students receiving alternative instruction.
Was read the first time and referred to the Committee on Education.
HB 1161
Introduced by:
Representatives Brunner, Halverson, Hanks, Hills, McCoy,
Rhoden, and Turbiville and Senators McNenny, Bogue, Hansen (Tom), Koskan, Lintz, and
Napoli
FOR AN ACT ENTITLED, An Act to
provide additional methods for the formation of
special zoning areas.
Was read the first time and referred to the Committee on Local Government.
HB 1162
Introduced by:
Representatives Howie, Boomgarden, Brunner, Davis, Dykstra,
Faehn, Frost, Fryslie, Gassman, Glover, Halverson, Hanks, Hargens, Haverly, Jensen, Jerke,
Koistinen, Kraus, Kroger, McCoy, Murschel, Nelson, O'Brien, Pederson (Gordon), Peters,
Rausch, Rave, Rhoden, Sigdestad, Street, Turbiville, Valandra, Van Etten, Vehle, and Willadsen
and Senators Apa, Kloucek, Lintz, McNenny, and Moore
FOR AN ACT ENTITLED, An Act to
provide for restitution to the state for expenses
incurred in investigating false claims related to pesticide use.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1163
Introduced by:
Representatives O'Brien, Cutler, Faehn, Garnos, Gillespie, Haley,
Hargens, Haverly, Hennies, Hunhoff, Jensen, Murschel, Nelson, Rausch, Rave, Roberts,
Rounds, and Tidemann and Senators Bogue, Abdallah, Dempster, Duenwald, Hansen (Tom),
Knudson, Moore, Olson (Ed), and Schoenbeck
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding court
suspensions and revocations of driver licenses.
HB 1164
Introduced by:
Representatives Haverly, Buckingham, and Putnam and Senators
Napoli, Abdallah, and Duniphan
FOR AN ACT ENTITLED, An Act to
provide for the taxation of leased motorcycles and
motorized bicycles.
Was read the first time and referred to the Committee on Taxation.
HB 1165
Introduced by:
Representatives Rave, Cutler, Deadrick, Gillespie, Haley, Michels,
Murschel, and O'Brien and Senators Gray, Bogue, Knudson, Koetzle, and Schoenbeck
FOR AN ACT ENTITLED, An Act to
establish a workers compensation small claims
procedure.
Was read the first time and referred to the Committee on Judiciary.
HB 1166
Introduced by:
Representatives Hennies, Dennert, Elliott, Glover, Haley,
Halverson, Hargens, Jensen, Kroger, Lange, McCoy, McLaughlin, Murschel, Nelson, Roberts,
Sigdestad, and Thompson and Senators Olson (Ed), Abdallah, Kloucek, Koetzle, Kooistra,
Moore, Nesselhuf, Peterson (Jim), Schoenbeck, 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 1167
Introduced by:
Representatives Wick, Boomgarden, Buckingham, Cutler,
Deadrick, Dykstra, Faehn, Frost, Garnos, Glover, Hackl, Halverson, Heineman, Hennies, Hills,
Hunhoff, Hunt, Jensen, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, McLaughlin, Michels,
Murschel, Nelson, Novstrup, Pederson (Gordon), Putnam, Rausch, Rave, Rhoden, Rounds,
Schafer, Sebert, Street, Tidemann, Turbiville, Van Etten, Vehle, Weems, and Willadsen and
Senators Knudson, Apa, Bogue, Broderick, Duenwald, Earley, Gray, Kelly, Koskan, Lintz,
McNenny, Peterson (Jim), Smidt, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
create a tax relief fund and to dedicate certain sales
and use tax revenue received by the state through the Streamlined Sales and Use Tax
Agreement.
Was read the first time and referred to the Committee on Taxation.
FOR AN ACT ENTITLED, An Act to
revise the method for imposing the excess levy for
the general fund of school districts.
Was read the first time and referred to the Committee on Education.
HB 1169
Introduced by:
Representatives Lange, Bradford, and Gassman
FOR AN ACT ENTITLED, An Act to
limit certain campaign contributions.
Was read the first time and referred to the Committee on State Affairs.
HJR 1004
Introduced by:
Representatives Lange, Bradford, Dennert, Gassman, Haley,
Roberts, Sigdestad, Thompson, and Van Norman 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 and dedication of the revenue therefrom.
Was read the first time and referred to the Committee on State Affairs.
SB 3:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
establishment of representation areas for school board members and determination of vacancies
on school boards.
Was read the first time and referred to the Committee on Local Government.
SB 11:
FOR AN ACT ENTITLED, An Act to
provide for the use of electronic ballot
marking systems and for the appointment of precinct assistants and to declare an emergency.
Was read the first time and referred to the Committee on Local Government.
SB 12:
FOR AN ACT ENTITLED, An Act to
prescribe the form of certain ballots used in
local elections.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on Local Government.
SB 25:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning motor
carrier regulation and to transfer the authority to regulate motor carriers from the Public Utilities
Commission to the Department of Revenue and Regulation.
Was read the first time and referred to the Committee on Transportation.
SB 73:
FOR AN ACT ENTITLED, An Act to
allow certain federally activated military
personnel to be issued replacement elk hunting licenses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1044:
FOR AN ACT ENTITLED, An Act to
clarify the application of certain
provisions relating to the exemption of debt cancellation contracts from insurance regulation.
Was read the second time.
The question being “Shall HB 1044 pass?”
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle;
Weems; Wick; Willadsen; Speaker Michels
Excused:
Deadrick; Gillespie; Hargens; Krebs; Rhoden; 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.
Was read the second time.
The question being “Shall HB 1028 pass?”
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle;
Weems; Wick; Willadsen; Speaker Michels
Excused:
Deadrick; Gillespie; Hargens; Krebs; Rhoden; 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.
HB 1029:
FOR AN ACT ENTITLED, An Act to
prohibit the use of crossbows for fishing
except by certain persons having a disability and to grant the Game, Fish and Parks Commission
rule-making authority to implement exceptions.
Was read the second time.
The question being “Shall HB 1029 pass?”
And the roll being called:
Yeas 63, Nays 1, Excused 6, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly;
Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus;
Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick;
Willadsen; Speaker Michels
Excused:
Deadrick; Gillespie; Hargens; Krebs; Rhoden; 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.