The prayer was offered by the Chaplain, Pastor Wes LaBrier, followed by the Pledge of
Allegiance led by House pages Ashley Hill, Isaac Randall, and Ashley Vanneman.
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 twentieth 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 Health and Human Services respectfully reports that it has had under
consideration SB
185 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB
33 and
34 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 SB 207 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Transportation respectfully reports that it has had under consideration
SB
107 and returns the same with the recommendation that said bill do pass.
The Committee on Transportation respectfully reports that it has had under consideration
SB
183 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1150 and
1163 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1119 and returns the same with the recommendation that said bill be amended as follows:
"
Section 4. That
§
32-23-2
be amended to read as follows:
32-23-2.
If conviction for a violation of § 32-23-1 is for a first offense, such person is guilty
of a Class 1 misdemeanor, and the defendant's driving privileges shall be revoked for not less
than thirty days. However, the court may in its discretion issue an order
upon proof of financial
responsibility, pursuant to
§
32-35-43.1,
permitting the person to operate a
motor
vehicle for
purposes of
the person's
employment
, attendance at school,
or attendance at
court-ordered
counseling programs
during the hours of the day and the days of the week as set forth in the
order
. The court may also order the revocation of the defendant's driving privilege for a further
period not to exceed one year or restrict the privilege in such manner as it sees fit for a period
not to exceed one year.
Section 5. That
§
32-23-2.1
be amended to read as follows:
32-23-2.1.
Any person convicted of a first offense pursuant to
§ 32-23-2
§
32-23-1
with a
0.17 percent or more by weight of alcohol in
his
the person's
blood shall, in addition to the
penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation to determine
if the defendant
has an addiction to alcohol
is chemically dependent
. The cost of such evaluation
shall be paid by the defendant.
32-23-3.
If conviction for a violation of § 32-23-1 is for a second offense, such person is
guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, unconditionally
revoke the defendant's driving privilege for a period of not less than one year. However, upon
the successful completion of a court-approved
alcohol treatment
chemical dependency
program,
and proof of financial responsibility pursuant to
§
32-35-43.1,
the court may permit the person
to drive for the
purpose
purposes
of employment
and may restrict the privilege by the imposition
of such conditions as the court sees fit
, attendance at school, or attendance at counseling
programs
. If such person is convicted of driving without a license during that period, the person
shall be sentenced to the county jail for not less than three days, which sentence may not be
suspended.
Section 7. That
§
32-23-4
be amended to read as follows:
32-23-4.
If conviction for a violation of § 32-23-1 is for a third offense, the person is guilty
of a Class 6 felony, and the court, in pronouncing sentence, shall
unconditionally revoke the
defendant's driving privileges for such period of time as may be determined by the court, but in
no event less than one year from the date sentence is imposed or one year from the date of
discharge from incarceration
order that the driver's license of any person so convicted be
revoked for a period of not less than one year from the date sentence is imposed or one year
from the date of initial release from incarceration to parole supervision
, whichever is later. If
the person is convicted of driving without a license during that period, he shall be sentenced to
the county jail for not less than ten days, which sentence may not be suspended.
Notwithstanding
§
23A-27-19, the court retains jurisdiction to modify the conditions of the
license revocation for the term of such revocation. Upon the successful completion of a court-
approved chemical dependency counseling program, and proof of financial responsibility
pursuant to
§
32-35-43.1, the court may permit the person to operate a vehicle for the purposes
of employment, attendance at school, or attendance at counseling programs.
Section 8. That
§
32-23-4.3
be amended to read as follows:
32-23-4.3.
The plea and election of method of trial by the accused shall be first taken only
on the first part of the information described in § 32-23-4.2 but before a plea is made the
accused shall be informed by the judge, in absence of the jury, of the contents of
his
the
second
part. There shall be entered in the minutes of the court the time and place when and where the
judge so informed the accused, and like entry thereof shall be made in the judgment.
Section 9. That
§
32-23-4.4
be amended to read as follows:
32-23-4.4.
On a finding of guilty on the first part of the information described in § 32-23-4.2
a plea shall be taken and, if necessary, an election made on the second part and a trial thereon
proceeded with, and until such time no information as to the second part of the information
shall
may
be divulged to the jury. If the accused
shall have elected
elects
a jury trial in the second part
of the information, such trial may be had to the same or another jury as the court may direct.
32-23-4.6.
If conviction for a violation of § 32-23-1 is for a fourth offense and the person
has previously been convicted of a felony under § 32-23-4, the person is guilty of a Class 5
felony, and the court, in pronouncing sentence, shall
unconditionally revoke the defendant's
driving privileges for such period of time as may be determined by the court, but in no event less
than two years from the date sentence is imposed or two years from the date of discharge from
incarceration
order that the driver's license of any person so convicted be revoked for a period
of not less than two years from the date sentence is imposed or two years from the date of initial
release from incarceration to parole supervision
, whichever is later. If the person is convicted
of driving without a license during that period, the person shall be sentenced to the county jail
for not less than twenty days, which sentence may not be suspended.
Notwithstanding
§
23A-27-
19, the court retains jurisdiction to modify the conditions of the license revocation for the term
of such revocation. Upon the successful completion of a court-approved chemical dependency
counseling program, and proof of financial responsibility pursuant to
§
32-35-43.1, the court
may permit the person to operate a vehicle for the purposes of employment, attendance at
school, or attendance at counseling programs.
Section 11. That
§
32-23-4.7
be amended to read as follows:
32-23-4.7.
If conviction for violation of § 32-23-1 is for a fifth offense, or subsequent
offenses thereafter, and the person has previously been convicted of a felony under § 32-23-4,
the person is guilty of a Class 4 felony and the court, in pronouncing sentencing, shall
unconditionally revoke the defendant's driving privileges for such period of time as may be
determined by the court, but in no event less than two years from the date sentence is imposed
or two years from the date of discharge from incarceration
order that the driver's license of any
person so convicted be revoked for a period of not less than three years from the date sentence
is imposed or three years from the date of initial release from incarceration to parole
supervision
, whichever is later. If the person is convicted of driving without a license during that
period, the person shall be sentenced to the county jail for not less than twenty days, which
sentence may not be suspended.
Notwithstanding
§
23A-27-19, the court retains jurisdiction to
modify the conditions of the license revocation for the term of such revocation. Upon the
successful completion of a court-approved chemical dependency counseling program, and proof
of financial responsibility pursuant to
§
32-35-43.1, the court may permit the person to operate
a vehicle for the purposes of employment, attendance at school, or attendance at counseling
programs.
Section 12. That
§
32-23-6
be amended to read as follows:
32-23-6.
The fact that any person charged with a violation of § 32-23-1 is or has been
entitled to use
prescribed
a drug under the laws of this state
shall
is
not
constitute
a defense
against any charge of violating
said section
§
32-23-1
.
Section 13. That
§
32-23-7
be amended to read as follows:
32-23-7.
In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle
while under the influence of
intoxicating liquor
an alcoholic beverage
, a violation of § 22-16-41,
or a violation of § 22-16-42, the amount of alcohol in the defendant's blood at the time alleged
as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives
rise to the following presumptions:
Section 14. That
§
32-23-8
be amended to read as follows:
32-23-8.
The provisions of § 32-23-7
shall
may
not be construed as limiting the introduction
of any other competent evidence bearing upon the question whether or not the defendant was
under the influence of
intoxicating liquor
an alcoholic beverage
.
Section 15. That chapter
32-23
be amended by adding thereto a NEW SECTION to read as
follows:
Section 16. That
§
22-16-41
be amended to read as follows:
22-16-41.
Any person who, while under the influence of an alcoholic beverage, any
controlled drug or substance, marijuana, or a combination thereof, without design to effect
death, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes
the death of another person, including an unborn child, is guilty of vehicular homicide.
Vehicular homicide is a Class 3 felony. In addition to any other penalty prescribed by law, the
court
may also order that the driver's license of any person convicted of vehicular homicide be
revoked for such period of time as may be determined by the court
shall order that the driver's
license of any person convicted of vehicular homicide be revoked for a period of not less than
ten years from the date sentence is imposed or ten years from the date of initial release from
incarceration to parole supervision, whichever is later
.
22-18-36.
Any person who, while under the influence of an alcoholic beverage, any
controlled drug or substance, marijuana, or a combination thereof, without design to effect
serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and
thereby causes the serious bodily injury of another person, including an unborn child, is guilty
of vehicular battery. Vehicular battery is a Class 4 felony. In addition to any other penalty
prescribed by law, the court
may also order that the driver's license of any person convicted of
vehicular battery be revoked for a period of two years subsequent to release from incarceration
shall order that the driver's license of any person convicted of vehicular battery be revoked for
a period of not less than three years from the date sentence is imposed or three years from the
date of initial release from incarceration to parole supervision, whichever is later
.
".
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1180 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 1203 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 1219 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
1066,
1152,
1230, and
1231 which were deferred to the 36th Legislative Day.
The Committee on Appropriations respectfully reports that it has had under consideration
HB
1020 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1013 and returns the same with the recommendation that said bill be amended as follows:
"
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1040 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1090 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1238 and returns the same with the recommendation that said bill be amended as follows:
"
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1240 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1241 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1242 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1244 and returns the same with the recommendation that said bill be amended as follows:
"
"
Section 4. That
§
13-39-70
be amended to read as follows:
13-39-70.
There is hereby created within the vocational education facilities fund
of the
secretary of education
a tuition subaccount. The secretary may determine and require that all or
any portion of the tuition and other student fees payable to an LEA shall be deposited in the
subaccount. No moneys may be disbursed from the tuition subaccount for any purpose other
than to pay lease rentals or other amounts due and owing in connection with
any
:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB
1101,
1124,
1142, and
1145 and tabled the same.
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1215 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
1201 which was deferred to the 36th Legislative Day.
I have the honor to return herewith HB 1007 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to return herewith HB 1022, 1059, 1087, 1097, 1109, and 1156 which have
passed the Senate without change.
I have the honor to transmit herewith SB 65, 142, 165, 189, and 203 which have passed the
Senate and your favorable consideration is respectfully requested.
Rep. Garnos and Rep. Jensen introduced Jeffery Willert, winner of the 2005 PRCA Saddle
Bronc world title.
HCR 1006:
A CONCURRENT RESOLUTION,
Urging further support from Secretary
Donald Rumsfeld and the United States Department of Defense for the South Dakota National
Guard.
The question being on Rep. Boomgarden's motion that HCR 1006 be adopted.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Boomgarden; Bradford; 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; 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
Excused:
Deadrick
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1006 was adopted.
Rep. Deadrick moved that the House do concur in Senate amendments to HB 1029.
The question being on Rep. Deadrick's motion that the House do concur in Senate
amendments to HB 1029.
And the roll being called:
Yeas 69, Nays 0, Excused 1, 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; 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
Excused:
Bradford
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.
The question being on Rep. Hennies' motion that the House do concur in Senate
amendments to HB 1190.
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 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.
Rep. Rhoden moved that the reports of the Standing Committees on
Commerce on HB 1197 as found on page 406 of the House Journal
; also
Taxation on HB 1129 as found on page 407 of the House Journal
; also
Taxation on HB 1232 as found on pages 407 and 408 of the House Journal
; also
Local Government on HB 1233 as found on pages 408 to 411 of the House Journal
; also
Local Government on SB 118 as found on page 411 of the House Journal
; also
Local Government on SB 90 as found on pages 412 and 413 of the House Journal
; also
Education on HB 1079 as found on page 413 of the House Journal
; also
Education on HB 1234 as found on page 413 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 65:
FOR AN ACT ENTITLED, An Act to
appropriate money for roof repairs at
Western Dakota Technical Institute and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 142:
FOR AN ACT ENTITLED, An Act to
direct the Office of the Attorney General
to study open government issues in South Dakota.
Was read the first time and referred to the Committee on State Affairs.
SB 165:
FOR AN ACT ENTITLED, An Act to
appropriate money to the South Dakota
Energy Infrastructure Authority and declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
SB 189:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning fire
suppression agreements and payment of certain costs incurred in suppressing forest fires.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 203:
FOR AN ACT ENTITLED, An Act to
make an appropriation for costs related to
the statewide sex offender registry and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 97:
FOR AN ACT ENTITLED, An Act to
allow the governing body of taxing districts
to automatically refer a property tax opt out to the voters.
Was read the second time.
The question being Shall SB 97 pass?
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Nays:
Van Norman
Excused:
Wick
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 146:
FOR AN ACT ENTITLED, An Act to
update certain statutory references to the
South Dakota Firefighters Association, Incorporated.
Was read the second time.
The question being Shall SB 146 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; Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen;
Speaker Michels
Excused:
Wick
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 HB 1120 be placed to follow HB 1236 on today's calendar.
Which motion prevailed.
HB 1160:
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.
Having had its second reading was up for consideration and final passage.
Which motion prevailed.
The question being Shall HB 1160 pass as amended?
And the roll being called:
Yeas 37, Nays 33, Excused 0, Absent 0
Yeas:
Brunner; Buckingham; Cutler; Davis; Dykstra; Faehn; Fryslie; Glenski; Hackl; Hanks; Haverly;
Heineman; Hennies; Hills; Howie; Hunt; Jerke; Klaudt; Kraus; Krebs; Lange; Novstrup;
O'Brien; Peters; Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow;
Turbiville; Van Etten; Vehle; Weems; Wick
Nays:
Boomgarden; Bradford; Deadrick; Dennert; Elliott; Frost; Garnos; Gassman; Gillespie; Glover;
Haley; Halverson; Hargens; Hunhoff; Jensen; Koistinen; Kroger; McCoy; McLaughlin; Miles;
Murschel; Nelson; Olson (Ryan); Pederson (Gordon); Rausch; Roberts; Sigdestad; Street;
Thompson; Valandra; Van Norman; Willadsen; Speaker Michels
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Rep. Brunner moved that the title to HB 1160 be amended as follows:
Rep. Hargens announced his intention to reconsider the vote by which HB 1160 passed.
HB 1019:
FOR AN ACT ENTITLED, An Act to
revise and redirect certain revenues
relating to the state capital construction fund, the ethanol fuel fund, the state highway fund, the
water and environment fund, and the state general fund.
Having had its second reading was up for consideration and final passage.
The question being Shall HB 1019 pass?
And the roll being called:
Yeas 64, Nays 4, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Haley; Halverson; Hanks; Hargens;
Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen;
Kraus; Krebs; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer;
Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman;
Weems; Wick; Willadsen; Speaker Michels
Nays:
Glover; Kroger; Thompson; Vehle
Excused:
Bradford; Lange
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 1185:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
directed trusts to include custodial accounts.
Having had its second reading was up for consideration and final passage.
The question being Shall HB 1185 pass as amended?
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
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 1055:
FOR AN ACT ENTITLED, An Act to
appropriate money for trade
representation in China, and to declare an emergency.
Having had its second reading was up for consideration and final passage.
Rep. Rhoden moved that HB 1055 be deferred to Thursday, February 9th, the
22nd legislative day.
Which motion prevailed.
HB 1103:
FOR AN ACT ENTITLED, An Act to
appropriate money to postsecondary
technical institutes for the maintenance and repair of buildings.
Was read the second time.
The question being Shall HB 1103 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
HB 1237:
FOR AN ACT ENTITLED, An Act to
make an appropriation to fund tax refunds
for elderly and disabled persons and to revise the income eligibility requirements for property
tax and sales tax refunds.
Was read the second time.
Rep. Klaudt moved that Rep. Glenski's motion to amend HB 1237 be laid on the table.
Which motion prevailed.
The question being Shall HB 1237 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 two-thirds 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 1143 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 two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
HB 1132:
FOR AN ACT ENTITLED, An Act to
create immunity for reporting prenatal
alcohol or substance abuse.
Was read the second time.
The question being Shall HB 1132 pass as amended?
And the roll being called:
Yeas 68, Nays 2, Excused 0, Absent 0
Nays:
Bradford; 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 1149:
FOR AN ACT ENTITLED, An Act to
revise certain felony and misdemeanor
provisions not located in the criminal code.
Was read the second time.
The question being Shall HB 1149 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.
HB 1218:
FOR AN ACT ENTITLED, An Act to
establish a task force to study education
for divorcing parents and visitation and custody matters.
Was read the second time.
The question being Shall HB 1218 pass as amended?
And the roll being called:
Yeas 56, Nays 12, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Cutler; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Gassman;
Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hennies;
Hills; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy;
McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon);
Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville;
Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels
Nays:
Buckingham; Davis; Frost; Haverly; Howie; Klaudt; Peters; Putnam; Rausch; Rhoden;
Tidemann; Wick
Excused:
Bradford; Garnos
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 1128:
FOR AN ACT ENTITLED, An Act to
increase the rate of taxation that
municipalities may impose on certain goods and services.
Was read the second time.
"
Section 2. That
§
10-52A-12
be amended to read as follows:
10-52A-12.
All moneys received and collected on behalf of a municipality by the
department, pursuant to this chapter, shall be credited to a special municipal tax fund and after
deducting the amount of refunds made, the amounts necessary to defray the cost of collecting
the tax,
and
the administrative expenses incident thereto,
and the first seven hundred fifty
thousand dollars received which the secretary shall deposit in the state fair fund,
shall be paid
within thirty days after collection to the municipality entitled thereto.
".
Rep. Rhoden moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Dennert's motion that HB 1128 be amended.
And the roll being called:
Yeas 27, Nays 43, Excused 0, Absent 0
Yeas:
Bradford; Buckingham; Davis; Dennert; Elliott; Fryslie; Gassman; Glover; Hackl; Haley;
Halverson; Hargens; Jerke; Klaudt; Koistinen; Lange; Nelson; Novstrup; Peters; Putnam;
Sigdestad; Street; Thompson; Tidemann; Valandra; Van Norman; Wick
Nays:
Boomgarden; Brunner; Cutler; Deadrick; Dykstra; Faehn; Frost; Garnos; Gillespie; Glenski;
Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Kraus; Krebs;
Kroger; McCoy; McLaughlin; Miles; Murschel; O'Brien; Olson (Ryan); Pederson (Gordon);
Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Tornow; Turbiville; Van Etten;
Vehle; Weems; Willadsen; Speaker Michels
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Which motion prevailed.
The question being Shall HB 1128 pass?
And the roll being called:
Yeas 36, Nays 34, Excused 0, Absent 0
Yeas:
Brunner; Cutler; Deadrick; Elliott; Faehn; Frost; Gassman; Glenski; Haley; Halverson; Hanks;
Heineman; Hennies; Hills; Howie; Hunt; Jensen; Kraus; Kroger; Lange; McCoy; McLaughlin;
Murschel; Olson (Ryan); Rausch; Roberts; Rounds; Schafer; Sebert; Thompson; Tornow;
Turbiville; Van Etten; Vehle; Weems; Willadsen
Nays:
Boomgarden; Bradford; Buckingham; Davis; Dennert; Dykstra; Fryslie; Garnos; Gillespie;
Glover; Hackl; Hargens; Haverly; Hunhoff; Jerke; Klaudt; Koistinen; Krebs; Miles; Nelson;
Novstrup; O'Brien; Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Sigdestad; Street;
Tidemann; Valandra; Van Norman; Wick; 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.
Rep. Hargens announced his intention to reconsider the vote by which HB 1128 passed.
HB 1222:
FOR AN ACT ENTITLED, An Act to
require regental institutions to annually
report to the Legislature regarding intellectual diversity.
Was read the second time.
The question being on Rep. Hargens' motion that HB 1222 and the pending amendment
be laid on the table.
And the roll being called:
Yeas 27, Nays 42, Excused 1, Absent 0
Yeas:
Cutler; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens;
Hennies; Hills; Hunhoff; Kroger; Lange; McLaughlin; Miles; Murschel; O'Brien; Rausch;
Roberts; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Norman
Nays:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Hackl; Hanks; Haverly; Heineman; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen;
Kraus; Krebs; McCoy; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Rave;
Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Van Etten; Vehle; Weems; Wick;
Willadsen; Speaker Michels
Excused:
Putnam
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
Rep. Rhoden moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Hennies' motion that HB 1222 be amended.
And the roll being called:
Yeas 28, Nays 40, Excused 2, Absent 0
Yeas:
Dennert; Elliott; Gassman; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Hills;
Hunhoff; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; O'Brien; Roberts; Sebert;
Sigdestad; Street; Thompson; Turbiville; Valandra; Van Norman; Vehle
Excused:
Cutler; Gillespie
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Dykstra moved the previous question.
Which motion prevailed.
The question being Shall HB 1222 pass?
And the roll being called:
Yeas 42, Nays 26, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Gassman; Hackl; Heineman; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus;
Krebs; McCoy; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch;
Rave; Rhoden; Rounds; Schafer; Sebert; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen;
Speaker Michels
Nays:
Dennert; Elliott; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills;
Hunhoff; Kroger; Lange; McLaughlin; Miles; Murschel; O'Brien; Roberts; Sigdestad; Street;
Thompson; Tidemann; Turbiville; Valandra; Van Norman
Excused:
Cutler; Gillespie
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 1236:
FOR AN ACT ENTITLED, An Act to
create the South Dakota Virtual High
School.
Was read the second time.
Which motion prevailed.
HB 1120:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
operation of a snowmobile or boat while under the influence.
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 1120 pass as amended?
And the roll being called:
Yeas 23, Nays 46, Excused 1, Absent 0
Yeas:
Cutler; Davis; Dykstra; Glenski; Halverson; Hanks; Heineman; Hennies; Hills; Koistinen;
McCoy; McLaughlin; Murschel; Nelson; O'Brien; Peters; Roberts; Rounds; Schafer;
Thompson; Tidemann; Turbiville; Speaker Michels
Nays:
Boomgarden; Bradford; Brunner; Buckingham; Deadrick; Dennert; Elliott; Faehn; Frost;
Fryslie; Garnos; Gassman; Glover; Hackl; Haley; Hargens; Haverly; Howie; Hunhoff; Hunt;
Jensen; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; Miles; Novstrup; Olson (Ryan); Pederson
(Gordon); Putnam; Rausch; Rave; Rhoden; Sebert; Sigdestad; Street; Tornow; Valandra; Van
Etten; Van Norman; Vehle; Weems; Wick; Willadsen
Excused:
Gillespie
Rep. Rhoden moved that SB 32, 11, 12, 71, 77, 78, 101, 56, 182, and 109 be deferred to
Thursday, February 9th, the 22nd legislative day.
Which motion prevailed.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1022, 1029, 1059, 1087, 1097, 1109, 1156, and 1190
and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that HB 1012, 1014, 1032,
1034, 1086, 1123, and 1130 were delivered to his Excellency, the Governor, for his approval
at 3:53 p.m., February 8, 2006.
The Speaker publicly read the title to
HB 1022:
FOR AN ACT ENTITLED, An Act to
revise the disposition of funds received
for charges for board and room for work release inmates.
HB 1029:
FOR AN ACT ENTITLED, An Act to
prohibit the use of crossbows for fishing
unless an exception is granted in rules promulgated by the Game, Fish and Parks Commission.
HB 1059:
FOR AN ACT ENTITLED, An Act to
provide for notification by the
Department of Social Services to the parents of certain determinations of child abuse or neglect.
HB 1097:
FOR AN ACT ENTITLED, An Act to
permit municipalities to refund certain
sales and use taxes to contractors and subcontractors.
HB 1109:
FOR AN ACT ENTITLED, An Act to
provide civil immunity to qualified
mental health professionals designated by the chairs of the county board of mental illness.
HB 1156:
FOR AN ACT ENTITLED, An Act to
require a study of the continuum of care
needs for senior citizens.
HB 1190:
FOR AN ACT ENTITLED, An Act to
specifically exclude ridden animals and
bicycles from violations of the DUI statutes.
SB 42:
FOR AN ACT ENTITLED, An Act to
update and revise certain provisions
pertaining to saddlemount motor vehicle combinations.
SB 54:
FOR AN ACT ENTITLED, An Act to
revise the state trunk highway system.
And signed the same in the presence of the House.
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
5:30 p.m. the House adjourned.