The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of
Allegiance led by House pages Caitlin Getty and Matthew Johnson.
Roll Call: All members present except Rep. Juhnke who was excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the fourteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Speaker Rausch introduced the 2009-2010 Outstanding School Administrators of South
Dakota: Dean Christensen, Deuel, School Superintendent; Susan Proefrock, Belle Fourche,
School Business Official; Micy Highstreet, Tri-Valley, Elementary School Principal; Steve
Benson, Deuel, Secondary School Principal; Kyley Cumbow, Pierre, Assistant Middle School
Principal; Becky Guffin, Aberdeen, Curriculum Director, and Kristi Wallin, Lennox, Director
of Special Education.
The Committee on Education respectfully reports that it has had under consideration
HB 1133 and returns the same with the recommendation that said bill be amended as follows:
13-27-2. Upon receipt filing of an application with a school official from the parent or
guardian of the child for the reasons set forth in § 13-27-3, school boards of all school districts
shall excuse a child from school attendance in executive session using a case number the child
shall be excused, without the necessity of school board action, subject to revocation thereafter
as provided in this chapter. School boards of all school districts may excuse a child from public
school attendance for the reasons set forth in §§ 13-27-6 and 13-27-6.1. "
The Committee on Education respectfully reports that it has had under consideration
HB 1095 and 1150 which were deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1174 and 1180 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 Commerce and Energy respectfully reports that it has had under
consideration HB 1085 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1135 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1139 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1079 and returns the same with the recommendation that said bill be referred to the
Committee on Judiciary.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1106, 1107, 1121, 1181, and 1182 and HJR 1002 which were deferred to the 41st Legislative
Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1062 and returns the same with the recommendation that said bill be amended as follows:
" (11) "Provisional order" means a temporary, preliminary, or tentative order which
must be finalized by a subsequent order.".
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1154 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 1151 and 1156 which were deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1014 which has passed the Senate without change.
I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and
your concurrence is respectfully requested.
I have the honor to transmit herewith SB 5, 22, 55, 102, 129, and 142 which have passed
the Senate and your favorable consideration is respectfully requested.
Yesterday, Rep. Sly announced her intention to reconsider the vote by which HB 1070 lost.
The question being on Rep. Sly's motion to reconsider the vote by which HB 1070 lost.
And the roll being called:
Yeas 50, Nays 19, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen;
Feickert; Gibson; Greenfield; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt;
Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Miller; Moser;
Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Sigdestad;
Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Venner; White; Wick
Nays:
Boomgarden; Carson; Feinstein; Gosch; Haggar; Hansen (Jon); Iron Cloud III; Magstadt;
Nelson (Stace); Russell; Schrempp; Tornow; Van Gerpen; Vanneman; Verchio; Willadsen;
Wink; Wismer; Speaker Rausch
Excused:
Juhnke
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1070 was up for reconsideration and final passage.
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.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1070 pass as amended?"
And the roll being called:
Yeas 46, Nays 23, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen;
Feickert; Feinstein; Gibson; Greenfield; Hawley; Hickey; Hubbel; Iron Cloud III; Jensen; Jones;
Killer; Kirkeby; Kirschman; Kloucek; Liss; Lucas; Lust; Miller; Munsterman; Novstrup
(David); Perry; Romkema; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Stricherz;
Tulson; Turbiville; Venner; Verchio; White; Wick
Excused:
Juhnke
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.
SCR 4: A CONCURRENT RESOLUTION, Endorsing the adoption of a national flag to
honor and remember those who died while serving in America's military.
Was read the first time and the Speaker waived the committee referral.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Thursday, February 3rd, the 16th legislative day.
Which motion prevailed.
Rep. Lust moved that the reports of the Standing Committees on
Agriculture and Natural Resources on HB 1002 as found on page 242 of the House Journal;
also
Which motion prevailed.
SB 5: FOR AN ACT ENTITLED, An Act to revise the maximum distance from a bridge
for posting maximum vehicle weight warning signage.
Was read the first time and referred to the Committee on Transportation.
SB 22: FOR AN ACT ENTITLED, An Act to provide for the regulation and licensure of
birth centers.
Was read the first time and referred to the Committee on Health and Human Services.
SB 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from
snowmobiles.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 102: FOR AN ACT ENTITLED, An Act to repeal an outdated provision regarding the
assessment of property for school districts.
Was read the first time and referred to the Committee on Taxation.
SB 129: FOR AN ACT ENTITLED, An Act to revise which county employees may assist
in the execution of United States passport applications and to declare an emergency.
Was read the first time and referred to the Committee on Local Government.
SB 142: FOR AN ACT ENTITLED, An Act to repeal the requirement that members of
certain boards and commissions receive the advice and consent of the Senate.
Was read the first time and referred to the Committee on State Affairs.
Pursuant to House Rule 7-1, the Speaker removed SB 16 from the Consent Calendar.
HB 1058: FOR AN ACT ENTITLED, An Act to clarify the definition of motor vehicle for
the purpose of supplemental automobile liability insurance.
Was read the second time.
The question being "Shall HB 1058 pass as amended?"
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;
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
Excused:
Juhnke
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 1096: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
appointment of municipal officers.
Was read the second time.
The question being "Shall HB 1096 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Juhnke
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 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
assessment of agricultural land.
Was read the second time.
The question being "Shall HB 1001 pass?"
And the roll being called:
Yeas 67, Nays 2, 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;
Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; 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; Wink; Wismer; Speaker
Rausch
Nays:
Lust; Willadsen
Excused:
Juhnke
HB 1141: FOR AN ACT ENTITLED, An Act to establish a date to begin absentee voting
and to revise the deadline for the printing of ballots.
Was read the second time.
The question being "Shall HB 1141 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;
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
Excused:
Juhnke
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 50: FOR AN ACT ENTITLED, An Act to revise certain certification levels of
emergency medical technicians.
Was read the second time.
The question being "Shall SB 50 pass as amended?"
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;
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
Excused:
Juhnke
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 17: FOR AN ACT ENTITLED, An Act to provide for a property tax exemption for
certain property leased by the Science and Technology Authority.
Was read the second time.
The question being "Shall SB 17 pass?"
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Nays:
Iron Cloud III
Excused:
Juhnke
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 Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1014 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
purpose of the 911 emergency surcharge and to provide rule-making authority to the 911
Coordination Board to establish allowable recurring and nonrecurring costs for the operation
of a public safety answering point.
SB 15: FOR AN ACT ENTITLED, An Act to revise the definition of accredited prevention
or treatment facilities and to authorize the Division of Drug and Alcohol Abuse to inspect these
facilities and access their records.
And signed the same in the presence of the House.
HC 1008 Introduced by: Representatives Tulson, Abdallah, Bolin, Brunner, Carson,
Cronin, Deelstra, Dryden, Gosch, Greenfield, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunt,
Jensen, Juhnke, Kirkeby, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman,
Nelson (Stace), Novstrup (David), Olson (Betty), Rausch, Romkema, Rozum, Russell, Schaefer,
Sly, Solum, Steele, Stricherz, Tornow, Turbiville, Van Gerpen, Vanneman, Venner, Verchio,
White, Wick, Willadsen, and Wink and Senator Fryslie
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:02 p.m. the House adjourned.