The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of
Allegiance led by House page Dunbar Anders.
Roll Call: All members present except Rep. Schrempp who was excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the sixth 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 Taxation respectfully reports that it has had under consideration
HB 1031, 1032, and 1039 and returns the same with the recommendation that said bills do pass
and be placed on the consent calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1043 and 1045 and returns the same with the recommendation that said bills
do pass.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1028 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 Health and Human Services respectfully reports that it has had under
consideration HB 1029 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1013 and returns the same with the recommendation that said bill do
pass and be placed on the consent calendar.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1072 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
I have the honor to transmit herewith SB 23, 25, 40, 51, 55, and 56 which have passed the
Senate and your favorable consideration is respectfully requested.
HOUSE PAGE RESOLUTION 1 Introduced by: Representatives Blake; Bolin;
Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott;
Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel;
Hoffman; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Juhnke; Killer; Kirkeby; Kirschman;
Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup, David;
Nygaard; Olson, Betty; Olson, Ryan; Peters; Pitts; Putnam; Rausch; Rave; Romkema; Rounds;
Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson;
Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Eighty-fifth Legislature of the State of South Dakota to Dunbar Anders, Alexander
Anton, Seth Bietz, Samantha Blood, Kourtney Hauge, Amanda Horn, Mary Isaacson,
Jeffrey Mettler, Rachel Schmidt, Shelby Thayer, Jackie Warne
WHEREAS, the members of the Eighty-fifth 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-fifth 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. Faehn moved that House Page Resolution 1 be adopted.
Which motion prevailed and the resolution was adopted.
Rep. Faehn moved that the legislative calendar be amended by extending the last day for
introduction of unlimited bills and joint resolutions to the twelfth (12th) Legislative Day and by
extending the final day to introduce individual bills and joint resolutions to the fifteenth (15th)
Legislative Day and by extending the final day to introduce committee bills and joint
resolutions to the sixteenth (16th) Legislative Day.
The question being on Rep. Faehn's motion that the legislative calendar be amended by
extending the last day for introduction of unlimited bills and joint resolutions to the twelfth
(12th) Legislative Day and by extending the final day to introduce individual bills and joint
resolutions to the fifteenth (15th) Legislative Day and by extending the final day to introduce
committee bills and joint resolutions to the sixteenth (16th) Legislative Day.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick;
Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer;
Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch;
Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer; Speaker Rave
Excused:
Schrempp
Rep. Faehn moved that when we adjourn today, we adjourn to convene at 11:30 a.m. on
Friday, January 22nd, the 8th legislative day.
Which motion prevailed.
Rep. Faehn moved that the reports of the Standing Committees on
Education on HB 1021 as found on pages 134 and 135 of the House Journal; also
Commerce on HB 1037 as found on pages 135 and 136 of the House Journal be adopted.
Which motion prevailed.
HB 1094 Introduced by: Representatives Solum, Kirschman, and Olson (Ryan) and
Senators Nelson, Hansen (Tom), and Maher
FOR AN ACT ENTITLED, An Act to subject the gross receipts of contractors engaged
in realty improvement contracts for certain municipal utilities to the contractor's excise tax
instead of the alternative contractor's excise tax and to declare an emergency.
Was read the first time and referred to the Committee on Taxation.
HB 1095 Introduced by: Representatives Nygaard, Frerichs, Lederman, Romkema,
Turbiville, and Van Gerpen and Senators Olson (Russell), Adelstein, Brown, Gant, Nesselhuf,
and Rhoden
FOR AN ACT ENTITLED, An Act to permit local industrial development corporations
to conduct bingo games and lotteries under certain conditions.
Was read the first time and referred to the Committee on State Affairs.
FOR AN ACT ENTITLED, An Act to revise the penalty for an open burning violation in
the Black Hills Forest Fire Protection District.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1097 Introduced by: Representatives Peters, Cutler, and Steele and Senators Dempster,
Haverly, Miles, and Turbak Berry
FOR AN ACT ENTITLED, An Act to prohibit local exchange carriers from assessing
certain access stimulation charges and to establish certain penalties.
Was read the first time and referred to the Committee on State Affairs.
HB 1098 Introduced by: Representatives Deadrick, Bolin, Brunner, Cronin, Cutler,
Dennert, Fargen, Hamiel, Jensen, Juhnke, Kopp, Novstrup (David), Olson (Betty), Olson
(Ryan), Peters, Pitts, Putnam, Rave, Schlekeway, Sly, Sorenson, Steele, Tidemann, Turbiville,
Vanneman, Verchio, and Wismer and Senators Knudson, Ahlers, Bartling, Brown, Jerstad,
Miles, Novstrup (Al), Rhoden, and Vehle
FOR AN ACT ENTITLED, An Act to require state agencies to conduct a public hearing
before acquiring certain real property.
Was read the first time and referred to the Committee on State Affairs.
HB 1099 Introduced by: Representatives Deadrick, Brunner, Cronin, Cutler, Dennert,
Hamiel, Jensen, Juhnke, Kopp, Noem, Novstrup (David), Olson (Ryan), Pitts, Rave, Tidemann,
Verchio, and Wismer and Senators Brown, Ahlers, Bartling, Haverly, and Vehle
FOR AN ACT ENTITLED, An Act to permit taxing districts to revise the base amount of
revenue payable from property taxes.
Was read the first time and referred to the Committee on Taxation.
HB 1100 Introduced by: Representatives Lust and Solberg and Senators Dempster and
Bartling
FOR AN ACT ENTITLED, An Act to revise certain provisions related to airport revenue
bonds.
HB 1101 Introduced by: Representatives Vanneman, Carson, Fargen, Noem, Pitts, and Van
Gerpen and Senators Rhoden, Hansen (Tom), and Peterson
FOR AN ACT ENTITLED, An Act to provide for restructuring the membership of the
Corn Utilization Council.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1102 Introduced by: Representatives Gibson, Burg, Engels, Fargen, Feickert, Frerichs,
Hoffman, Jensen, Juhnke, Kirkeby, Kirschman, Lucas, Nygaard, Olson (Betty), Peters, Sly,
Solberg, Sorenson, Street, and Vanderlinde and Senators Hansen (Tom), Abdallah, Bartling,
Dempster, Fryslie, Jerstad, Maher, Miles, Nesselhuf, and Tieszen
FOR AN ACT ENTITLED, An Act to correct an error in the boundary description of the
Wall Lake State Game Bird Refuge in Hand County.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1103 Introduced by: Representatives Rausch and Street and Senators Peterson and
Tieszen
FOR AN ACT ENTITLED, An Act to authorize the use of golf carts in certain
municipalities.
Was read the first time and referred to the Committee on Local Government.
HB 1104 Introduced by: Representatives Deadrick and Juhnke and Senator Garnos
FOR AN ACT ENTITLED, An Act to limit the source of recovery in certain civil actions
for childhood sexual abuse injuries.
Was read the first time and referred to the Committee on Judiciary.
SB 23: FOR AN ACT ENTITLED, An Act to eliminate the two-year delay of certain rule
changes that increase teacher certification fees.
Was read the first time and referred to the Committee on Education.
SB 25: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to tuition
for students transferring from a resident district that does not receive state aid to education and
to repeal certain provisions related to state aid to education for students transferring to a
nonresident school district that does not receive state aid to education.
Was read the first time and referred to the Committee on Education.
SB 40: FOR AN ACT ENTITLED, An Act to provide for the suspension of certain
licenses and registrations relating to dentistry for failure to renew the license or registration.
Was read the first time and referred to the Committee on Health and Human Services.
SB 51: FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with
the secretary of state by electronic means and to provide penalties for false filings.
Was read the first time and referred to the Committee on State Affairs.
SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole
eligibility.
Was read the first time and referred to the Committee on Judiciary.
SB 56: FOR AN ACT ENTITLED, An Act to update certain citations to federal
regulations regarding pipeline safety inspection.
Was read the first time and referred to the Committee on Commerce.
HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions related to high-performance green building standards.
Was read the second time.
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick;
Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel;
Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman;
Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David);
Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds;
Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann;
Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave
Nays:
Greenfield
Excused:
Schrempp
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 1024: FOR AN ACT ENTITLED, An Act to repeal the requirement for school districts
to have certain teaching certificates on file.
Was read the second time.
Rep. Brunner requested that HB 1024 be removed from the Consent Calendar.
Which request was granted.
HB 1005: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain
statutes related to the Bureau of Personnel.
Was read the second time.
The question being "Shall HB 1005 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Cutler; Schrempp
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 1008: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2009.
Was read the second time.
The question being "Shall HB 1008 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert;
Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield;
Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby;
Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch;
Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer; Speaker Rave
Excused:
Cutler; Schrempp
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 1017: FOR AN ACT ENTITLED, An Act to provide for state adoption of the 2009
Uniform Plumbing Code.
Was read the second time.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick;
Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer;
Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch;
Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer; Speaker Rave
Excused:
Schrempp
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 1038: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to
orders issued for examinations of certain insurers.
Was read the second time.
The question being "Shall HB 1038 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick;
Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer;
Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch;
Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer; Speaker Rave
Excused:
Schrempp
HB 1040: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to life
insurance refunds.
Was read the second time.
The question being "Shall HB 1040 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick;
Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer;
Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch;
Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer; Speaker Rave
Excused:
Schrempp
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 1054: FOR AN ACT ENTITLED, An Act to provide independent voters voting
absentee the appropriate ballot during a primary election and to declare an emergency.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1054 pass?"
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Nays:
Blake; Fargen
Excused:
Schrempp
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 1059: FOR AN ACT ENTITLED, An Act to authorize the State Investment Council
to discuss in executive session certain information exempt from public disclosure.
Was read the second time.
The question being "Shall HB 1059 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick;
Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch;
Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer;
Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch;
Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer; Speaker Rave
Excused:
Schrempp
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.
Rep. Faehn moved that HB 1061 be deferred to Friday, January 22nd, the 8th legislative day.
Which motion prevailed.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
2:39 p.m. the House adjourned.
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of eight former members of the South Dakota Legislature, namely: the Honorable Dean W.
Anderson; the Honorable Louis K. Freiberg, Jr.; the Honorable Max Gruenwald; the
Honorable Helena B. Hassard; the Honorable Thomas L. Hennies; the Honorable Bernie D.
Kopecky; the Honorable George Means; and the Honorable Royal J. "Bud" Wood; and
WHEREAS, in the lives of all these eminent public servants there was noted a profound
urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but
with a consciousness that here in a land of freedom the dignity of the individual is supreme, that
justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-fifth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services
rendered by them and they have left upon the sands of time an inspiring record of devotion to
their fellow citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the
Senate and the House of Representatives of the Eighty-fifth Session of the Legislature of the
State of South Dakota, now assembled this 21st day of January, 2010, at Pierre, South Dakota.