The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House pages JaCee Dennert, Kaitlyn Galbraith, and Shanna Geist.
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 thirteenth 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1001 and returns the same with the recommendation that said bill do
pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1002 and returns the same with the recommendation that said bill be
amended as follows:
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1097 which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 50 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 16 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1152 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1120 which was deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration SB 17
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1159 and 1167 which were deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1141 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1096 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 Local Government respectfully reports that it has had under
consideration HB 1078 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith SB 10, 11, 34, 37, 44, 61, 62, 67, 94, 110, and 111
which have passed the Senate and your favorable consideration is respectfully requested.
HCR 1003: A CONCURRENT RESOLUTION, Requesting the Federal Communications
Commission to make substantive changes to the National Broadband Plan.
Rep. Gosch moved that HCR 1003 as found on pages 214 and 215 of the House Journal
be adopted as amended.
The question being on Rep. Gosch's motion that HCR 1003 be adopted as amended.
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller;
Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1003 was adopted as amended.
SCR 2: A CONCURRENT RESOLUTION, Urging the United States Congress to
appropriate $35 million in fiscal year 2012 for the Lewis and Clark Regional Water System
Rep. Willadsen moved that SCR 2 as found on pages 211 and 212 of the Senate Journal
be concurred in.
The question being on Rep. Willadsen's motion that SCR 2 be concurred in.
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Nays:
Greenfield
Excused:
Russell
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. Lust moved that the report of the Standing Committee on
Commerce and Energy on HB 1058 as found on page 213 of the House Journal be adopted.
Which motion prevailed.
HB 1255 Introduced by: The Committee on Health and Human Services
FOR AN ACT ENTITLED, An Act to provide for the award of joint physical custody of
children under certain circumstances.
Was read the first time and referred to the Committee on Judiciary.
HB 1256 Introduced by: The Committee on Taxation
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of new
or used vehicles and the sale of certain emergency vehicles.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 10: FOR AN ACT ENTITLED, An Act to appropriate certain funds for the construction
of a new dairy manufacturing plant at South Dakota State University and to declare an
emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 11: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources fund to the State Conservation Commission and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 34: FOR AN ACT ENTITLED, An Act to create the crime of possessing, selling, or
distributing certain substances intended for the purpose of intoxication.
Was read the first time and referred to the Committee on Judiciary.
SB 37: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction
and renovation of a combined minimum security and parole facility in Rapid City and to declare
an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
representations and warranties in insurance and annuity applications.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 61: FOR AN ACT ENTITLED, An Act to authorize board members of sanitary districts
to contract with the districts in limited cases.
Was read the first time and referred to the Committee on Local Government.
SB 62: FOR AN ACT ENTITLED, An Act to revise procedures and amounts relating to
compensation and expense reimbursement for sanitary district board members.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on Local Government.
SB 94: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related
to building energy codes.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
collateral real estate mortgages.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 111: FOR AN ACT ENTITLED, An Act to extend for two years the period of time in
which school districts may expend capital outlay funds for certain transportation, insurance,
energy, and utility costs.
Was read the first time and referred to the Committee on Education.
HB 1080: FOR AN ACT ENTITLED, An Act to modify the date on which the annual
financial reports of school districts are considered past due.
Was read the second time.
The question being "Shall HB 1080 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller;
Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson;
Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
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 1015: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
Was read the second time.
The question being "Shall HB 1015 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller;
Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson;
Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
Excused:
Russell
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 1052: FOR AN ACT ENTITLED, An Act to revise the allowable ratio of pharmacy
technicians to pharmacists.
Was read the second time.
The question being "Shall HB 1052 pass as amended?"
And the roll being called:
Yeas 36, Nays 34, Excused 0, Absent 0
Yeas:
Blake; Bolin; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hubbel;
Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Liss;
Lucas; Magstadt; Miller; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Steele; Street;
Tulson; Van Gerpen; Venner; Verchio; Wismer
Nays:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield;
Haggar; Hansen (Jon); Hoffman; Hunt; Juhnke; Kopp; Lust; Moser; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Solum; Stricherz; Tornow;
Turbiville; Vanneman; White; Wick; Willadsen; Wink; Speaker Rausch
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 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting
hearings to vacate municipal streets or alleys.
Was read the second time.
The question being "Shall HB 1092 pass?"
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 1045: FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide
preventive and therapeutic services to more persons under certain circumstances.
Was read the second time.
The question being "Shall HB 1045 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller;
Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
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 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
private shooting preserves.
Was read the second time.
The question being "Shall HB 1005 pass as amended?"
And the roll being called:
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Iron Cloud III
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 1070: FOR AN ACT ENTITLED, An Act to require schools districts to employ
certified school counselors, and to prohibit school districts from employing school counselors
who are not certified.
Was read the second time.
" If a school district employs a school counselor, on either a full-time or part-time basis, or
contracts for the services of a school counselor through an educational cooperative or other
entity, that school counselor shall be certified in accordance with the standards established by
the South Dakota Board of Education pursuant to § 13-1-12.1.".
The question being "Shall HB 1070 pass as amended?"
And the roll being called:
Yeas 35, Nays 35, Excused 0, Absent 0
Nays:
Abdallah; Boomgarden; Brunner; Carson; Deelstra; Fargen; Feinstein; Gibson; Gosch;
Greenfield; Haggar; Hansen (Jon); Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III;
Juhnke; Killer; Liss; Magstadt; Moser; Olson (Betty); Rozum; Russell; Schrempp; Street;
Tornow; Tulson; Van Gerpen; Vanneman; Willadsen; Wink; Wismer; Speaker Rausch
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Sly announced her intention to reconsider the vote by which HB 1070 was lost.
HB 1119: FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain
alcoholic beverage licenses.
Was read the second time.
The question being "Shall HB 1119 pass as amended?"
And the roll being called:
Yeas 48, Nays 22, Excused 0, Absent 0
Yeas:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Elliott; Gosch;
Greenfield; Haggar; Hansen (Jon); Hawley; Hoffman; Hunt; Juhnke; Kirkeby; Kopp; Liss; Lust;
Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Tornow;
Tulson; Turbiville; Vanneman; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
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.
WHEREAS, one hundred eighty-three volunteer dentists and thirty-seven volunteer dental
laboratories have provided more than two million dollars of free services to nine hundred fifty
patients since the program's inception in 1998; and
WHEREAS, Delta Dental of South Dakota has provided ongoing financial support for the
administration of the Donated Dental Services Program; and
WHEREAS, no other state in the Union has a higher percentage of dentists participating in
the Donated Dental Services Program; and
WHEREAS, the strength and vitality of the State of South Dakota and our communities
depend, in great measure, upon devoted programs such as the South Dakota Donated Dental
Services Program:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the
State of South Dakota, that the South Dakota Dental Association and the Delta Dental Plan of
South Dakota, along with the Donated Dental Services Program, be congratulated and
commended for their care and dedication to the elderly and disabled citizens of our state.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:38 p.m. the House adjourned.