The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of
Allegiance led by House pages Anna Cronin and Katie Wegleitner.
Roll Call: All members present except Reps. Elliott, Schrempp, and Stricherz 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 seventeenth 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 Health and Human Services respectfully reports that it has had under
consideration SB 9 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 HB 1146 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 1185 and returns the same with the recommendation that said bill be amended
as follows:
" Section 5. Any person who is employed as a speech-language pathologist as of July 1, 2011, and does not otherwise meet the qualifications set forth in this Act, may practice as a speech-
language pathologist without a license as long as the speech-language pathologist is
continuously employed while performing the duties of that employment.".
" Section 18. Any person granted a master's equivalency before July 1, 2011, shall be issued
a license pursuant to this Act, as long as that person is continuously performing the duties of his
or her employment.".
" No speech-language pathologist may supervise more than three speech-language pathology
assistants at one time.".
The Committee on Taxation respectfully reports that it has had under consideration
HB 1147 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration SB 39
and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1190 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1129 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 1163 and returns the same with the recommendation that said bill be
amended as follows:
41-8-37. No Except as provided in this section, no person, who is in or on a motor vehicle,
may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits,
rodents, skunks, badgers, raccoons, and foxes.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1082 and 1164 which were deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1109, 1168, 1193, and 1212 which were deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1215 and returns the same with the recommendation that said bill be amended as follows:
" Section 5. That § 10-47B-135 be amended to read as follows:
10-47B-135. No refund of motor fuel or special fuel taxes paid may be made for any of the
following uses of fuel:
10-47B-144. Interest at the rate provided for under § 10-59-6 shall be paid on any refund
claim amount authorized by §§ 10-47B-11910-47B-119.2 to 10-47B-131, inclusive, which has
not been refunded to the claimant within sixty days of acceptance by the department during the
months of January, February, or March. Claims received during any other month shall be paid
within forty-five days, otherwise interest shall be paid to the claimant. No interest may be paid
for refunds made to interstate fuel tax agreement licensees or licensed interstate users.
Section 7. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That § 38-7-26 be amended to read as follows:
38-7-26. The coordinated natural resources conservation fund consists of money transferred
from the unclaimed tax refunds from the sale of motor fuel for nonhighway agricultural uses in
the motor fuel tax fund as provided in § 10-47A-11 10-47B-149, and all public and private
sources including legislative appropriations or federal grants.
Section 9.That § 10-47B-119.1 be repealed.
10-47B-119.1. Any special fuel or motor fuel user may apply for and obtain a refund of fuel
taxes imposed and paid to this state for motor fuel or special fuel purchased and used as racing
fuel in motor vehicles operated solely off of public highways in organized racing events.
Section 10. That § 10-47B-127 be repealed.
10-47B-127. Any undyed special fuel consumer may apply for and obtain a refund of fuel
taxes imposed and paid to this state, for undyed special fuel purchased and used by the
consumer in the engine fuel supply tank of a motor vehicle used for nonhighway agricultural
purposes or nonhighway commercial uses, except special fuel used to power a refrigeration unit
which is attached to the engine fuel supply tank of the motor vehicle. This refund shall be
calculated by multiplying the motor vehicle's average miles per gallon during the claim period
times the number of nonhighway miles the vehicle was operated. The average miles per gallon
and nonhighway miles shall be supported by actual individual vehicle fuel disbursement records
and odometer readings.
Section 11. That § 10-47B-138 be repealed.
10-47B-138. Any consumer who desires to claim refund of motor fuel or special fuel taxes
paid to this state, shall apply for a refund claimant license from the department before or at the
time that the first claim for refund is made. Applications for licenses and claims for refund shall
be made on forms provided by the department. Upon approval of the application by the
department, a nonassignable license and claimant number shall be issued to each claimant. Each
subsequent claim for refund is to bear the claimant's assigned refund permit number.
Section 12. That § 10-47B-139 be repealed.
10-47B-139. The claim for refund of fuel taxes which is allowed under this chapter shall
contain the following information:
10-47B-140. Motor fuel and special fuel tax refund claims of consumers shall be
accompanied by proof that the South Dakota fuel tax has been paid. Proof of tax payment may
be presented in one or more of the following forms:
10-47B-141. Any claim for refund of motor fuel or special fuel tax shall be received by the
department within fifteen months of the date the fuel was originally purchased in order to be
accepted for refund. Fuel purchased more than fifteen months from the date the claim is
received is forever barred from refund eligibility.
Section 15. That § 10-47B-142 be repealed.
10-47B-142. The secretary may, in order to establish the validity of any claim for refund of
motor fuel or special fuel tax, require the claimant to furnish any additional proof of the validity
of the claim the secretary may determine necessary. The department may examine the books and
records of the seller and purchaser for this purpose. The failure of the claimant to furnish the
books or records for examination shall constitute a waiver of all rights to the refund on account
of the transaction questioned.
Section 16. That § 10-47B-154 be repealed.
10-47B-154. The Legislature finds that not all motor fuel taxes which qualify for the
nonhighway agricultural motor fuel tax refund are, in fact, refunded under the procedure set
forth in this chapter. The Legislature further finds that a certain amount of these unclaimed tax
refunds from the sale of motor fuel for nonhighway agricultural uses should be utilized for
agricultural purposes in a manner which benefits both agriculture and the citizens of the state
by preserving its natural resources. Therefore, the Legislature declares that an amount equal to
thirty-five percent of the claimed refunds authorized by § 10-47B-119, not to exceed one million
five hundred thousand dollars in any single fiscal year, represents the amount of unclaimed tax
refunds from the sale of motor fuel tax for nonhighway agricultural uses. The Legislature further
declares that it is the policy of this state to use these funds, representing the unclaimed tax
refunds from the sale of motor fuel for nonhighway agricultural purposes, to implement the
coordinated natural resources conservation program. ".
The Committee on Transportation respectfully reports that it has had under consideration
HB 1216 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1221 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1225 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1043 which has passed the Senate without change.
I have the honor to transmit herewith SB 7, 33, 43, 70, 81, 86, 93, 120, 122, 139, and 200
which have passed the Senate and your favorable consideration is respectfully requested.
SCR 5: A CONCURRENT RESOLUTION, Recognizing February 4, 2011, as Wear Red
Day and urging citizens of the state to be aware of cardiovascular disease in order to save lives.
Rep. Boomgarden moved that SCR 5 as found on pages 293 and 294 of the Senate Journal
be concurred in.
The question being on Rep. Boomgarden's motion that SCR 5 be concurred in.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; 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; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville;
Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
Excused:
Elliott; Schrempp; Stricherz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 5 was concurred in.
Rep. Lust moved that the reports of the Standing Committees on
Education on HB 1153 as found on page 286 of the House Journal; also
Education on HB 1175 as found on pages 286 to 290 of the House Journal; also
State Affairs on HB 1094 as found on page 293 of the House Journal; also
State Affairs on HB 1148 as found on pages 293 and 294 of the House Journal; also
State Affairs on HB 1173 as found on page 294 of the House Journal; also
Commerce and Energy on HB 1207 as found on pages 295 to 298 of the House Journal be
adopted.
Which motion prevailed.
SB 7: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to
construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an
emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7
sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition
interlock devices.
Was read the first time and referred to the Committee on Judiciary.
SB 43: FOR AN ACT ENTITLED, An Act to revise certain health insurance standards for
patient protection.
Was read the first time and referred to the Committee on Commerce and Energy.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 81: FOR AN ACT ENTITLED, An Act to require the Supreme Court to promulgate
rules for parenting coordinators.
Was read the first time and referred to the Committee on Judiciary.
SB 86: FOR AN ACT ENTITLED, An Act to establish reports on the price of government
and to make the data available to the public.
Was read the first time and referred to the Committee on Appropriations.
SB 93: FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to
a political action committee and to set a limit on contributions.
Was read the first time and referred to the Committee on State Affairs.
SB 120: FOR AN ACT ENTITLED, An Act to revise the amount of compensation that
water user district directors may receive.
Was read the first time and referred to the Committee on Local Government.
SB 122: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
expenditure of water user district funds.
Was read the first time and referred to the Committee on Local Government.
SB 139: FOR AN ACT ENTITLED, An Act to exempt from state regulation certain
medical foster home care for veterans.
Was read the first time and referred to the Committee on Health and Human Services.
SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school
district fund balances.
Was read the first time and referred to the Committee on Education.
Rep. Rausch introduced Loren Vaillancourt, Miss South Dakota 2010, from Huron, South
Dakota.
Rep. Kloucek introduced Morgan T. Hanzlik, State Voice of Democracy winner, from
Spearfish, South Dakota, and Sadie Eitemiller, Patriot's Pen winner, from Armour, South
Dakota.
HB 1162: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to allow
a person in charge of election to use the state system.
Was read the second time.
The question being "Shall HB 1162 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; 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; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville;
Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
Excused:
Elliott; Schrempp; Stricherz
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 1154: FOR AN ACT ENTITLED, An Act to require persons convicted of crimes
involving domestic violence to support domestic violence programs.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1154 pass as amended?"
And the roll being called:
Yeas 38, Nays 29, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen;
Feinstein; Gibson; Hawley; Hickey; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jones; Juhnke;
Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Moser; Munsterman; Novstrup
(David); Perry; Romkema; Rozum; Sigdestad; Sly; Van Gerpen; White; Willadsen; Wink
Nays:
Bolin; Boomgarden; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hubbel; Hunt; Jensen;
Liss; Magstadt; Miller; Nelson (Stace); Olson (Betty); Russell; Schaefer; Solum; Steele; Street;
Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; Wick; Wismer; Speaker Rausch
Excused:
Elliott; Schrempp; Stricherz
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.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1114 pass as amended?"
And the roll being called:
Yeas 65, Nays 2, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; 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; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Russell; Verchio
Excused:
Elliott; Schrempp; Stricherz
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 1061: FOR AN ACT ENTITLED, An Act to provide for the practice and regulation
of registered midwives.
Was read the second time.
"
" Section 7. If the department deems it appropriate, the department may, in compliance with
chapter 1-26:
The question being "Shall HB 1061 pass as amended?"
And the roll being called:
Yeas 36, Nays 31, Excused 3, Absent 0
Nays:
Abdallah; Blake; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dryden; Fargen; Gibson;
Hawley; Hickey; Hoffman; Hunhoff (Bernie); Jones; Juhnke; Kirkeby; Kirschman; Kloucek;
Lucas; Lust; Moser; Perry; Romkema; Solum; Vanneman; White; Wick; Willadsen; Wismer;
Speaker Rausch
Excused:
Elliott; Schrempp; Stricherz
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost.
Rep. Hunt announced his intention to reconsider the vote by which HB 1061 lost.
HB 1161: FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo radar
speed detection systems and of certain photo monitoring devices to detect red light violations.
Was read the second time.
The question being "Shall HB 1161 pass as amended?"
And the roll being called:
Yeas 43, Nays 24, Excused 3, Absent 0
Nays:
Brunner; Fargen; Hickey; Hoffman; Hunt; Iron Cloud III; Juhnke; Lucas; Lust; Miller; Moser;
Nelson (Stace); Novstrup (David); Rozum; Schaefer; Sly; Solum; Tornow; Tulson; Van Gerpen;
White; Wick; Willadsen; Wink
Excused:
Elliott; Schrempp; Stricherz
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 1108: FOR AN ACT ENTITLED, An Act to revise certain provisions with regard to
the rights of industrial and construction equipment dealers.
Was read the second time.
The question being "Shall HB 1108 pass?"
And the roll being called:
Yeas 64, Nays 3, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; 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;
Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White;
Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Hoffman; Tornow; Vanneman
Excused:
Elliott; Schrempp; Stricherz
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 18: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding a
commercial driver license.
Was read the second time.
The question being "Shall SB 18 pass?"
And the roll being called:
Yeas 63, Nays 4, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; 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; Sigdestad; Sly;
Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White;
Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Brunner; Greenfield; Russell; Verchio
Excused:
Elliott; Schrempp; Stricherz
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 HB 1004, 1017, 1018,
1019, 1020, and 1021 were delivered to his Excellency, the Governor, for his approval at
10:15 a.m., February 8, 2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1043 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1043: FOR AN ACT ENTITLED, An Act to clarify the jurisdictional amount in a
small claims court proceeding.
And signed the same in the presence of the House.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
4:18 p.m. the House adjourned.