The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of
Allegiance led by House page Lisa Curtis.
Roll Call: All members present except Reps. Bradford and Jensen 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 twenty-third day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Lisa Curtis, Sunny Foster, Derek Hackett, Gregory Hanson, Abigail Hauert, Miles
Krumbach, Alexis Liknes, Myles Nielson, Megan Peschong, Sarah Questad, Chanel Sharp,
Michael Thomas, Natalie Torberson, Andrea Webster
Which was subscribed to and placed on file in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 9, 2006, I approved House Bills 1012, 1014,
1032, 1034, 1086, 1123, and 1130, and the same have been deposited in the office of the
Secretary of State.
Respectfully submitted,
M. Michael Rounds
Governor
The Committee on Judiciary respectfully reports that it has had under consideration SB
57
and
68 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 SB
15,
28, and
91 and returns the same with the recommendation that said bills do pass and be placed
on the Consent Calendar.
The Committee on Appropriations respectfully reports that it has had under consideration
SB
65 and
203 and returns the same with the recommendation that said bills do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
SB
66 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
95 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 State Affairs respectfully reports that it has had under consideration
SB 156 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 61 and returns the same with the recommendation that said bill be amended as follows:
I have the honor to return herewith HB 1011, 1023, 1024, and 1070 which have passed the
Senate without change.
I have the honor to return herewith HCR 1006 in which the Senate has concurred.
I have the honor to return herewith HB 1134 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SB 81, 98, 115, and 138 which have passed the
Senate and your favorable consideration is respectfully requested.
Rep. Van Etten moved that the House do concur in Senate amendments to HB 1039.
The question being on Rep. Van Etten's motion that the House do concur in Senate
amendments to HB 1039.
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; Hunhoff; 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; Hunt; Jensen
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Roberts moved that the House do concur in Senate amendments to HB 1189.
The question being on Rep. Roberts' motion that the House do concur in Senate
amendments to HB 1189.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Bradford; Jensen
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.
Speaker Pro tempore Deadrick now presiding.
Rep. Michels moved that the House do concur in Senate amendments to HJR 1001.
Rep. Hennies moved as a substitute motion that the House do not concur in Senate
amendments to HJR 1001 and that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate to adjust the differences between the two
houses.
A roll call vote was requested and supported.
The question being on Rep. Hennies' substitute motion that the House do not concur in
Senate amendments to HJR 1001 and that a committee of three on the part of the House be
appointed to meet with a like committee on the part of the Senate to adjust the differences
between the two houses.
And the roll being called:
Yeas 60, Nays 8, Excused 2, 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; Hennies; Hills; Howie; Hunhoff; Jerke; Koistinen; Kraus; Krebs; Kroger;
Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan);
Pederson (Gordon); Peters; Rausch; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street;
Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems;
Wick; Willadsen
Excused:
Bradford; Jensen
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and the Speaker appointed as such committee
Reps. Michels, Rhoden, and Hargens.
Rep. Michels moved that the House do concur in Senate amendments to HJR 1003.
Rep. Haley moved as a substitute motion that the House do not concur in Senate
amendments to HJR 1003 and that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate to adjust the differences between the two
houses.
A roll call vote was requested and supported.
The question being on Rep. Haley's substitute motion that the House do not concur in
Senate amendments to HJR 1003 and that a committee of three on the part of the House be
appointed to meet with a like committee on the part of the Senate to adjust the differences
between the two houses.
And the roll being called:
Yeas 19, Nays 49, Excused 2, Absent 0
Yeas:
Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Kroger;
Lange; Miles; Novstrup; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman
Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke;
Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert;
Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Bradford; Jensen
So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.
And the roll being called:
Yeas 51, Nays 17, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt;
Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup;
O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds;
Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen;
Speaker Michels
Nays:
Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Hargens; Kroger; Lange; Miles;
Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman
Excused:
Bradford; Jensen
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.
Speaker Michels now presiding.
Rep. Rhoden moved that the rules be suspended for the sole purpose of approving the State
Affairs Committee report on SB 156 and providing for immediate consideration of SB 156.
The question being on Rep. Rhoden's motion that the rules be suspended for the sole
purpose of approving the State Affairs Committee report on SB 156 and providing for
immediate consideration of SB 156.
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; Hunhoff; Hunt; 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 two-thirds majority of the members-
elect, the Speaker declared the motion carried.
Rep. Rhoden moved that the reports of the Standing Committees on
Appropriations on SB 151 as found on page 502 of the House Journal
; also
Judiciary on SB 148 as found on pages 502 and 503 of the House Journal
; also
Judiciary on SB 149 as found on page 503 of the House Journal
; also
State Affairs on SB 156 as found on pages 539 and 540 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 156:
FOR AN ACT ENTITLED, An Act to
prohibit the picketing of funerals under
certain circumstances, to provide penalties for the violation thereof, and to declare an
emergency.
Was read the second time.
The question being “Shall SB 156 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; Hunhoff; Hunt; 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.
There being no objection, the House reverted to Order of Business No. 11.
SB 81:
FOR AN ACT ENTITLED, An Act to
prohibit the acquiring or selling of certain
communications records and to declare an emergency.
Was read the first time and referred to the Committee on Commerce.
SB 98:
FOR AN ACT ENTITLED, An Act to
limit the transfer or renewal of certain
alcohol beverage licenses.
Was read the first time and referred to the Committee on Local Government.
SB 115:
FOR AN ACT ENTITLED, An Act to
allow a mother to breast-feed her child
anywhere she and the child have a right to be.
Was read the first time and referred to the Committee on Health and Human Services.
SB 138:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
appointment of an agent to receive any legal process.
Was read the first time and referred to the Committee on Judiciary.
SB 90:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
approval of plats and the format standards for certain real estate documents recorded with the
register of deeds.
Having had its second reading was up for consideration and final passage.
Which request was granted.
SB 119:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
use of the emergency rule adoption procedure.
Was read the second time.
The question being “Shall SB 119 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; Hunhoff; Hunt; 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; Jensen
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 32:
FOR AN ACT ENTITLED, An Act to
reauthorize a grant program within the
Department of Health for the purchase of equipment and materials for mosquito prevention and
control efforts at the local level and to declare an emergency.
Was read the second time.
The question being “Shall SB 32 pass?”
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Bradford; Jensen
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.
Rep. Rhoden moved that SB 11 be placed to follow SB 101 on today's calendar.
Which motion prevailed.
SB 12:
FOR AN ACT ENTITLED, An Act to
prescribe the form of certain ballots used in
local elections.
Was read the second time.
Rep. Hanks moved that SB 12 be deferred to Tuesday, February 14th, the 25th legislative
day.
Which motion prevailed.
SB 71:
FOR AN ACT ENTITLED, An Act to
revise the voting requirements for certain
actions taken by the board of adjustment.
Was read the second time.
The question being “Shall SB 71 pass?”
And the roll being called:
Yeas 63, Nays 5, Excused 2, Absent 0
Nays:
Deadrick; Hunt; Tornow; Van Norman; Vehle
Excused:
Bradford; Jensen
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 77:
FOR AN ACT ENTITLED, An Act to
extend the time between a municipal
candidate election and a secondary election.
Was read the second time.
Speaker Pro tempore Deadrick now presiding.
The question being “Shall SB 77 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; Hunhoff; Hunt; 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; Jensen
SB 78:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
submission of direct legislation to a vote of the people at a general election.
Was read the second time.
The question being “Shall SB 78 pass as amended?”
And the roll being called:
Yeas 61, Nays 7, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Faehn; Frost; Fryslie;
Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Haverly; Heineman;
Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange;
McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters;
Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street;
Thompson; Tidemann; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen;
Speaker Michels
Nays:
Deadrick; Elliott; Haley; Hargens; Olson (Ryan); Tornow; Van Norman
Excused:
Bradford; Jensen
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 101:
FOR AN ACT ENTITLED, An Act to
establish the Public Utilities Commission
as a separate agency.
Was read the second time.
The question being “Shall SB 101 pass?”
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Bradford; Jensen
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 11, 56, 182, 109, 118, 185, 107, 207, 2, 20, 21, 22, 23, 37, 39,
26, 152, 204, 205, 150, 208, and 179 be deferred to Tuesday, February 14th, the 25th legislative
day.
Which motion prevailed.
Speaker Michels now presiding.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 156.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1011, 1023, 1024, 1039, 1070, and 1189 and
HJR 1003 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1011:
FOR AN ACT ENTITLED, An Act to
increase the funds that may be expended
to construct a student wellness center at South Dakota State University.
HB 1023:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding
standards for school district radio equipment.
HB 1024:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions providing for
the appointment of the director of vocational education.
HB 1039:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to the
disposition of funds collected on local exchange service lines, cellular telephones, and radio
pager devices.
HB 1070:
FOR AN ACT ENTITLED, An Act to
prohibit insurers from taking certain
actions based on receipt of a notice of hearing and charges against insurance producers and to
require that persons receiving such notice also receive notice of the final determination of the
matter.
HB 1189:
FOR AN ACT ENTITLED, An Act to
exempt the value of motor vehicles
donated to certain nonprofit corporations from state taxes.
HJR 1003: A JOINT RESOLUTION, To revise certain constitutional provisions regarding
the Legislature.
SB 24:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
authority of the Public Utilities Commission with regard to AC/DC conversion projects and
energy conversion facilities.
SB 33:
FOR AN ACT ENTITLED, An Act to
require each applicant for licensure as a
nurse and each licensee who is the subject of a disciplinary investigation to submit to a state and
federal criminal background check.
SB 34:
FOR AN ACT ENTITLED, An Act to
revise the quorum requirements for the
Board of Nursing.
SB 38:
FOR AN ACT ENTITLED, An Act to
increase the annual operation certificate fee
for certain boilers.
SB 40:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
regulation of weighing and measuring devices and the regulation of service agencies of
weighing and measuring devices.
SB 146:
FOR AN ACT ENTITLED, An Act to
update certain statutory references to the
South Dakota Firefighters Association, Incorporated.
SB 156:
FOR AN ACT ENTITLED, An Act to
prohibit the picketing of funerals under
certain circumstances, to provide penalties for the violation thereof, and to declare an
emergency.
SB 183:
FOR AN ACT ENTITLED, An Act to
provide for distinctive motor vehicle
license plates for certain military veterans.
And signed the same in the presence of the House.
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
3:39 p.m. the House adjourned.