The prayer was offered by the Chaplain, Pastor Dana Olson, followed by the Pledge of
Allegiance led by House pages Jayme Manke and Tyler Stenberg.
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 twenty-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.
Rep. Dennert introduced Olivia Esser of Redfield, the 2010 South Dakota Snow Queen.
Speaker Rave introduced Murphy Dods of Sioux Falls, South Dakota Girls State Governor,
and Daniel Miller of Watertown, South Dakota Boys State Governor.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 27 and 47 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 66 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
SB 22 which was tabled.
The Committee on Education respectfully reports that it has had under consideration SB 63
and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration
SB 121 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
SB 183 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Commerce respectfully reports that it has had under consideration
SB 90 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration SB 15 and 57 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.
The Committee on Commerce respectfully reports that it has had under consideration
SB 56 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration
SB 60 and returns the same with the recommendation that said bill be amended as follows:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 61 and SJR 3 and returns the same with the recommendation that said bill and resolution do
pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 51 and 82 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 State Affairs respectfully reports that it has had under consideration
SB 139 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration SB 55,
103, and 109 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 54
and returns the same with the recommendation that said bill be amended as follows:
I have the honor to transmit herewith SB 75, 102, 104, 115, 156, 166, 169, 172, 177, 186,
187, and 195 which have passed the Senate and your favorable consideration is respectfully
requested.
HCR 1011: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as
observer in the International Civil Aviation Organization and United Nations Framework
Convention on Climate Change.
Rep. Rounds moved that HCR 1011 as found on pages 565 and 566 of the House Journal
be adopted.
The question being on Rep. Rounds' motion that HCR 1011 be adopted.
And the roll being called:
Yeas 66, Nays 2, Excused 2, 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; Kirkeby;
Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup
(David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema;
Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave
Nays:
Kopp; Verchio
Excused:
Killer; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1011 was adopted.
Rep. Pitts moved that SCR 2 as found on pages 386 to 388 of the Senate Journal be
concurred in.
The question being on Rep. Pitts' motion that SCR 2 be concurred in.
And the roll being called:
Yeas 67, Nays 3, Excused 0, Absent 0
Yeas:
Blake; Bolin; Boomgarden; 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; Juhnke; Killer; Kirkeby; Kirschman;
Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard;
Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell;
Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann;
Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave
Nays:
Brunner; Jensen; Kopp
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 2 was concurred in.
Rep. Faehn moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on
Thursday, February 25th, the 28th legislative day.
Which motion prevailed.
SB 75: FOR AN ACT ENTITLED, An Act to define certain terms related to liability for
agritourism activities.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 102: FOR AN ACT ENTITLED, An Act to ratify and continue the lease agreement on
the Black Hills Playhouse.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Local Government.
SB 115: FOR AN ACT ENTITLED, An Act to prohibit the sale or delivery of contact
lenses without a prescription.
Was read the first time and referred to the Committee on Health and Human Services.
SB 156: FOR AN ACT ENTITLED, An Act to require that determinations in both adult
and juvenile court proceedings relative to a controlled substance violation of a high school
student participating in extracurricular activities be reported to the South Dakota High School
Activities Association and to the school administrator.
Was read the first time and referred to the Committee on Judiciary.
SB 166: FOR AN ACT ENTITLED, An Act to provide for the liquidation of the remaining
property of the South Dakota Cement Plant Commission, to provide for the administration and
payment of existing liabilities, to provide for the orderly winding up of the commission's affairs,
to provide for the transfer of any remaining net proceeds, and to abolish the commission.
Was read the first time and referred to the Committee on State Affairs.
SB 169: FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers
unless and until the insured is made whole.
Was read the first time and referred to the Committee on Commerce.
SB 172: FOR AN ACT ENTITLED, An Act to revise the definition for environmental
upgrades used to provide a property tax exemption for coal-fired power plants.
Was read the first time and referred to the Committee on Taxation.
SB 177: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
appropriation process.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Commerce.
SB 187: FOR AN ACT ENTITLED, An Act to provide for the adjustment of appropriated
moneys to projected available revenues.
Was read the first time and referred to the Committee on State Affairs.
SB 195: FOR AN ACT ENTITLED, An Act to revise the refunds for new or expanded
agricultural facilities and new or expanded business facilities, to repeal the contractors' excise
tax on new or expanded power production facilities, to exempt certain new business facilities
from certain tax refunds, and to make certain transfers to the revolving economic development
and initiative fund.
Was read the first time and referred to the Committee on State Affairs.
Rep. Faehn moved that SB 23 be placed to follow SB 145 and SB 26 be placed to precede
SB 13 on today's calendar.
Which motion prevailed.
SB 26: FOR AN ACT ENTITLED, An Act to make an additional appropriation to the
Board of Regents to construct an addition to the Northern State University Joseph H. Barnett
Center.
Was read the second time.
The question being "Shall SB 26 pass as amended?"
And the roll being called:
Yeas 65, Nays 5, Excused 0, Absent 0
Nays:
Brunner; Jensen; Kirkeby; Kopp; Lederman
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.
SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
petitions and elections.
Was read the second time.
The question being "Shall SB 13 pass as amended?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, 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; 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; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer; Speaker Rave
Nays:
Hoffman
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 24: FOR AN ACT ENTITLED, An Act to establish standards for teaching, to require
teacher evaluations, and to provide for the development of a model evaluation instrument.
Was read the second time.
Rep. Faehn moved the previous question.
Which motion prevailed.
The question being "Shall SB 24 pass as amended?"
And the roll being called:
Yeas 58, Nays 12, Excused 0, Absent 0
Yeas:
Blake; Bolin; Brunner; Burg; Carson; Conzet; Curd; Cutler; Deadrick; Dennert; Elliott; Engels;
Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Hunt;
Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman;
Lucas; Lust; McLaughlin; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan);
Peters; Pitts; Putnam; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Tidemann;
Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave
Nays:
Boomgarden; Cronin; Greenfield; Hoffman; Moser; Rausch; Romkema; Schrempp; Solberg;
Street; Thompson; Turbiville
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 the previous question.
Which motion prevailed.
The question being "Shall SB 157 pass?"
And the roll being called:
Yeas 60, Nays 10, Excused 0, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Curd; 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); Pitts; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum;
Sorenson; Steele; Street; Thompson; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer
Nays:
Cronin; Cutler; Greenfield; Olson (Ryan); Peters; Putnam; Rausch; Tidemann; Turbiville;
Speaker Rave
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. Faehn moved that SB 16, 46, 48, 145, and 23 be deferred to Thursday, February 25th,
the 28th legislative day.
Which motion prevailed.
The Speaker publicly read the title to
SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
standards for new construction.
HC 1007 Introduced by: Representatives Vanneman, Deadrick, Juhnke, Lucas, and Noem
and Senators Bartling and Garnos
HC 1008 Introduced by: Representatives Feinstein, Blake, Cutler, and Thompson and
Senators Heidepriem and Knudson
HC 1009 Introduced by: Representatives Feinstein, Blake, Cutler, and Thompson and
Senators Heidepriem and Knudson
volunteers Andy DuBois, Greg Folsom, Eric Struck, Chuck Davis, Jamin Ratzlaff, and Jason
Stahlberg directed the team with great dedication and determination:
HC 1010 Introduced by: Representatives Lucas, Blake, Boomgarden, Brunner, Burg,
Conzet, Dennert, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch,
Greenfield, Hunhoff (Bernie), Hunt, Jensen, Juhnke, Killer, Kirkeby, Kopp, Krebs, Lange,
Lederman, Moser, Noem, Novstrup (David), Olson (Ryan), Pitts, Rausch, Rave, Rounds,
Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Turbiville, Van
Gerpen, Vanderlinde, and Wismer and Senators Olson (Russell), Ahlers, Bartling, Bradford,
Garnos, Hanson (Gary), Heidepriem, Howie, Hundstad, Jerstad, Kloucek, Merchant, Nesselhuf,
Peterson, and Rhoden
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:14 p.m. the House adjourned.