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.
Yesterday, Rep. Howie announced his intention to reconsider the unsuccessful vote to
strike the NOT and place HB 1008 on the calendar.
Rep. Howie moved that the House do now reconsider the unsuccessful vote to strike the
NOT and place HB 1008 on the calendar.
The question being on Rep. Howie's motion to reconsider the unsuccessful vote to strike
the NOT and place HB 1008 on the calendar.
And the roll being called:
Yeas 43, Nays 27, Excused 0, Absent 0
Nays:
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1008 was up for reconsideration.
Yeas:
Ahlers; Bradford; Brunner; Dennert; DeVries; Dreyer; Elliott; Faehn; Gassman; Gilson; Glenski;
Halverson; Hanks; Hargens; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs;
Lucas; Lust; Miles; Nelson; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell);
Pitts; Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Van Etten; Van Norman;
Vanneman; Vehle; Weems; Wick
Boomgarden; Buckingham; Burg; Carson; Cutler; Davis; Dykstra; Engels; Feinstein; Gillespie;
Hackl; Haverly; Heineman; McLaughlin; Moore; Noem; Nygaard; Olson (Ryan); Pederson
(Gordon); Peters; Putnam; Rausch; Steele; Tidemann; Turbiville; Willadsen; Speaker Deadrick
Rep. Rhoden moved that the reports of the Standing Committees on
Education on HB 1035 as found on page 94 of the House Journal
; also
Judiciary on HB 1015 as found on page 94 of the House Journal
; also
Judiciary on HB 1059 as found on page 95 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
HB 1102
Introduced by:
Representatives Cutler, Boomgarden, Brunner, Buckingham,
Davis, Dykstra, Gassman, Gilson, Hackl, Halverson, Hargens, Heineman, Hills, Jerke, Juhnke,
Kirkeby, Koistinen, Lucas, McLaughlin, Miles, Moore, Noem, Olson (Betty), Olson (Russell),
Pederson (Gordon), Peters, Pitts, Rausch, Rounds, Sigdestad, Steele, Street, Tidemann,
Turbiville, Van Etten, Vanneman, Weems, Wick, and Willadsen and Senators McCracken,
Abdallah, Albers, Bartling, Duenwald, Garnos, Gray, Greenfield, Hanson (Gary), Hundstad,
Koetzle, Lintz, Maher, McNenny, Napoli, Peterson (Jim), Schmidt, Smidt, and Sutton
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the establishment
of proof of compliance with applicable standards as due care in certain utility negligence claims.
Was read the first time and referred to the Committee on Judiciary.
HB 1103
Introduced by:
Representatives Hanks, Turbiville, and Willadsen and Senators
Gant, Napoli, and Nesselhuf
FOR AN ACT ENTITLED, An Act to
revise certain requirements of vehicle and boat
dealers to post damage disclosure statement notices.
Was read the first time and referred to the Committee on Transportation.
FOR AN ACT ENTITLED, An Act to
revise certain township powers related to water and
sewerage systems.
Was read the first time and referred to the Committee on Local Government.
HB 1105
Introduced by:
Representatives Van Etten, Carson, Cutler, Faehn, Hackl, Juhnke,
Miles, Noem, Olson (Betty), Peters, Pitts, Rave, Turbiville, Weems, and Wick and Senators
Lintz, Abdallah, Gant, Gray, Hansen (Tom), Jerstad, Koetzle, Maher, McCracken, Napoli, Olson
(Ed), Peterson (Jim), Smidt, and Two Bulls
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to immunity from
civil liability for the placement and use of automated external defibrillators.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1106
Introduced by:
Representatives Buckingham and Van Etten and Senator Schmidt
FOR AN ACT ENTITLED, An Act to
allow a school district to give priority to certain
students who apply for open enrollment.
Was read the first time and referred to the Committee on Education.
HB 1107
Introduced by:
Representatives Hunt, Buckingham, and Weems and Senators
McNenny, Abdallah, and Garnos
FOR AN ACT ENTITLED, An Act to
clarify the application of certain statutes for the
protection of abused or neglected children.
Was read the first time.
HB 1108
Introduced by:
Representatives Van Etten, Buckingham, Dreyer, Elliott, Faehn,
Gilson, Glenski, Halverson, Hanks, Haverly, Hills, Howie, Kirkeby, Lust, McLaughlin, Miles,
Moore, Novstrup (Al), Novstrup (David), Nygaard, Olson (Ryan), Pederson (Gordon), Peters,
Rausch, Rhoden, Steele, Street, Thompson, Turbiville, Vehle, and Weems and Senators
McCracken, Gant, Hanson (Gary), Hundstad, Napoli, Schmidt, and Smidt
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding when and by
whom chemical dependency evaluations occur after a conviction of driving while under the
influence of drugs or alcohol.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to
revise the provisions concerning the disbursement
of money to school districts and municipalities.
Was read the first time and referred to the Committee on Local Government.
HB 1110
Introduced by:
Representatives Hanks, Engels, and Halverson and Senators
Albers, Abdallah, and Nesselhuf
FOR AN ACT ENTITLED, An Act to
increase the fines for certain violations of local
ordinances.
Was read the first time and referred to the Committee on Local Government.
HB 1111
Introduced by:
Representatives Rounds, Halverson, and Hanks and Senators Gant
and Bartling
FOR AN ACT ENTITLED, An Act to
permit local government officials and employees to
use electronic payments and to permit the state and its political subdivisions to accept electronic
payments.
Was read the first time and referred to the Committee on Local Government.
HB 1104
Introduced by:
Representatives Pederson (Gordon) and Howie and Senator Lintz
HB 1109
Introduced by:
Representatives Buckingham, Elliott, Gilson, Halverson, Hills,
Kirkeby, Krebs, Lucas, Miles, Nelson, and Novstrup (David) and Senators McCracken, Koetzle,
Olson (Ed), Schmidt, and Sutton
SB 12:
FOR AN ACT ENTITLED, An Act to
revise certain provisions required to obtain
an instruction permit to drive.
Was read the first time and referred to the Committee on Transportation.
SB 16:
FOR AN ACT ENTITLED, An Act to
prohibit advertising chiropractic services
without first obtaining a license.
Was read the first time and referred to the Committee on Health and Human Services.
SB 17:
FOR AN ACT ENTITLED, An Act to
require each applicant for licensure as a
chiropractor in South Dakota or a licensee who is the subject of a disciplinary investigation to
submit to a state and federal criminal background check.
Was read the first time and referred to the Committee on Health and Human Services.
SB 22:
FOR AN ACT ENTITLED, An Act to
prohibit the filing of tariffs for certain
telecommunications services and to impose certain requirements regarding the availability of
telecommunications services information.
Was read the first time and referred to the Committee on State Affairs.
SB 23:
FOR AN ACT ENTITLED, An Act to
revise certain exceptions from the definition
of unsolicited telephone calls.
Was read the first time and referred to the Committee on Commerce.
SB 24:
FOR AN ACT ENTITLED, An Act to
update certain citations to federal regulations
regarding the pipeline safety inspection and to revise certain provisions regarding the assessment
of pipeline inspection fees.
Was read the first time and referred to the Committee on Commerce.
SB 33:
FOR AN ACT ENTITLED, An Act to
revise certain kindergarten enrollment
requirements and repeal the nursery school age requirement.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Commerce.
SB 38:
FOR AN ACT ENTITLED, An Act to
define expansion of an existing building or
structure for purposes of the tax refund program for the construction of agricultural processing
and new business facilities.
Was read the first time and referred to the Committee on Commerce.
SB 41:
FOR AN ACT ENTITLED, An Act to
revise the procedures used to assess and
collect unpaid cigarette taxes.
Was read the first time and referred to the Committee on Taxation.
SB 35:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
licensing and regulation of technical professionals.
HB 1046:
FOR AN ACT ENTITLED, An Act to
repeal the limitation period for filing
certain tax refunds.
Was read the second time.
The question being "Shall HB 1046 pass?"
And the roll being called:
Yeas 64, Nays 6, Excused 0, Absent 0
Nays:
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 1006:
FOR AN ACT ENTITLED, An Act to
revise certain procedures regarding the
election process.
Was read the second time.
The question being "Shall HB 1006 pass as amended?"
And the roll being called:
Yeas 67, Nays 3, Excused 0, Absent 0
Yeas:
Nays:
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 1044:
FOR AN ACT ENTITLED, An Act to
provide reciprocity for sales, use, or gross
receipts tax paid on farm equipment purchased in another state or political subdivision.
Was read the second time.
And the roll being called:
Yeas 67, Nays 3, Excused 0, Absent 0
Yeas:
Nays:
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 1045:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
times for filing returns and remitting taxes.
Was read the second time.
The question being "Shall HB 1045 pass as amended?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Yeas:
Nays:
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 1047 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
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 1081:
FOR AN ACT ENTITLED, An Act to
revise certain provisions to provide that
motor vehicle license plates remain with the owner of the plates.
Was read the second time.
The question being "Shall HB 1081 pass as amended?"
And the roll being called:
Yeas 53, Nays 17, Excused 0, Absent 0
Yeas:
Nays:
Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer;
Dykstra; Faehn; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens;
Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust;
McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson
(Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave;
Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten;
Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Bradford; Burg; Elliott; Engels; Feinstein; Van Norman
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl;
Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby;
Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al);
Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon);
Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson;
Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Elliott; Engels; Van Norman
The question being "Shall HB 1044 pass as amended?"
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries;
Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl;
Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby;
Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup
(David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters;
Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann;
Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Bradford; Moore; Van Norman
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski;
Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke;
Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup
(Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson
(Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street;
Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen;
Speaker Deadrick
Van Norman
HB 1047:
FOR AN ACT ENTITLED, An Act to
revise the taxation of bundled transactions
involving telecommunications services and related services.
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski;
Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke;
Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup
(Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson
(Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street;
Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick;
Willadsen; Speaker Deadrick
Brunner; Buckingham; Carson; Cutler; Davis; Dennert; Dreyer; Dykstra; Engels; Faehn;
Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie;
Jerke; Juhnke; Kirkeby; Krebs; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup
(David); Olson (Betty); Olson (Russell); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rave;
Rhoden; Rounds; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle;
Weems; Wick; Willadsen; Speaker Deadrick
Ahlers; Boomgarden; Bradford; Burg; DeVries; Elliott; Gillespie; Hargens; Hunt; Koistinen;
Lucas; Miles; Moore; Nygaard; Pederson (Gordon); Sigdestad; 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.
The question being "Shall HB 1057 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
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 1058, 1004, 1012, 1067, and 1040 be deferred to Friday,
January 19th, the 8th legislative day.
Which motion prevailed.
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski;
Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke;
Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup
(Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson
(Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street;
Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick;
Willadsen; Speaker Deadrick
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
2:55 p.m. the House adjourned.
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of three former members of the South Dakota Legislature, namely: the Honorable Elmer E.
Flatt, the Honorable James D. Jelbert, and the Honorable Robert J. Knutson, Jr.; 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-second 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-second Session of the Legislature of the State of South Dakota, now assembled this 18th day of January, 2007, at Pierre, South Dakota.