The prayer was offered by the Chaplain, Father Brian Fawcett, followed by the Pledge of
Allegiance led by House pages Kortney Brunner and Dana Dedeck.
Roll Call: All members present except Rep. Elliott 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 eighteenth 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 Education respectfully reports that it has had under consideration
HB 1196 and 1203 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1211 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1233 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1234 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 State Affairs respectfully reports that it has had under consideration
HB 1130 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 1111 and 1253 which were tabled.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1125, 1126, and 1165 and HJR 1003 which were deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1256 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1056 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1172 and returns the same with the recommendation that said bill be referred
to the Committee on Health and Human Services.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1223 and 1224 which were deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1026, 1027, and 1060 which have passed the Senate
without change.
I have the honor to transmit herewith SB 51, 52, 65, 68, 80, 95, 101, 113, and 119 which
have passed the Senate and your favorable consideration is respectfully requested.
Yesterday, Rep. Hunt announced his intention to reconsider the vote by which HB 1061
lost.
Rep. Hunt moved that the House do now reconsider the vote by which HB 1061 lost.
The question being on Rep. Hunt's motion to reconsider the vote by which HB 1061 lost.
And the roll being called:
Yeas 66, Nays 3, Excused 1, Absent 0
Nays:
Blake; Fargen; Gibson
Excused:
Elliott
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1061 was up for reconsideration and final passage.
HB 1061: FOR AN ACT ENTITLED, An Act to provide for the practice and regulation
of registered midwives.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall HB 1061 pass as amended?"
And the roll being called:
Yeas 37, Nays 32, Excused 1, Absent 0
Yeas:
Bolin; Brunner; Dennert; Feickert; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hubbel;
Hunt; Iron Cloud III; Jensen; Killer; Kopp; Liss; Magstadt; Miller; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Steele;
Street; Stricherz; Tornow; Tulson; Van Gerpen; Venner; Verchio; Wink
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; Turbiville; Vanneman; White; Wick; Willadsen;
Wismer; Speaker Rausch
Excused:
Elliott
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 first time and the Speaker waived the committee referral.
Which motion prevailed.
Rep. Lust moved that the reports of the Standing Committees on
Health and Human Services on HB 1146 as found on page 310 of the House Journal; also
Health and Human Services on HB 1185 as found on pages 310 and 311 of the House
Journal; also
Taxation on HB 1147 as found on page 312 of the House Journal; also
Taxation on SB 39 as found on page 312 of the House Journal; also
Agriculture and Natural Resources on HB 1129 as found on page 313 of the House Journal;
also
Agriculture and Natural Resources on HB 1163 as found on page 313 of the House Journal;
also
Transportation on HB 1215 as found on pages 314 to 317 of the House Journal; also
Transportation on HB 1216 as found on page 318 of the House Journal; also
Transportation on HB 1221 as found on page 318 of the House Journal be adopted.
Which motion prevailed.
SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a
previous appropriation for renovation of the nursing care building on the South Dakota
Veterans' Home campus and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Appropriations.
SB 65: FOR AN ACT ENTITLED, An Act to allow nonpublic schools accredited by
certain accrediting agencies other than the Department of Education to become members of the
South Dakota High School Activities Association.
Was read the first time and referred to the Committee on Education.
SB 68: FOR AN ACT ENTITLED, An Act to authorize investment of certain public funds
in bonds issued by political subdivisions or bonding authorities of the state.
Was read the first time and referred to the Committee on Local Government.
SB 80: FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions
for recovery of damages for personal injury or death to municipal officers, employees, and
volunteers.
Was read the first time and referred to the Committee on Judiciary.
SB 95: FOR AN ACT ENTITLED, An Act to provide for the printing of voting rights
notices.
Was read the first time and referred to the Committee on Local Government.
SB 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to
public records.
Was read the first time and referred to the Committee on Judiciary.
SB 113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
notice requirements for changes in zoning requested by landowners.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1074: FOR AN ACT ENTITLED, An Act to revise the allowable time periods for use
of nonresident small game hunting licenses.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1074 pass as amended?"
And the roll being called:
Yeas 28, Nays 41, Excused 1, Absent 0
Yeas:
Bolin; Brunner; Conzet; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hunt; Iron Cloud
III; Jensen; Juhnke; Killer; Kopp; Munsterman; Nelson (Stace); Olson (Betty); Romkema;
Russell; Schaefer; Steele; Tornow; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wink
Nays:
Abdallah; Blake; Boomgarden; Carson; Cronin; Deelstra; Dennert; Fargen; Feickert; Feinstein;
Gibson; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Jones; Kirkeby; Kirschman;
Kloucek; Liss; Lucas; Lust; Magstadt; Miller; Moser; Novstrup (David); Perry; Rozum;
Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Venner; Wick; Willadsen; Wismer;
Speaker Rausch
Excused:
Elliott
HB 1153: FOR AN ACT ENTITLED, An Act to prohibit the Board of Education from
adopting certain standards for the subject of history.
Was read the second time.
The question being "Shall HB 1153 pass as amended?"
And the roll being called:
Yeas 43, Nays 26, Excused 1, Absent 0
Yeas:
Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Feickert; Gosch; Greenfield; Haggar; Hansen
(Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kloucek; Kopp; Liss; Lust; Magstadt;
Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Rozum; Russell;
Schaefer; Sly; Steele; Stricherz; Tornow; Tulson; Van Gerpen; Vanneman; Venner; Verchio;
Wick; Wink; Speaker Rausch
Nays:
Abdallah; Blake; Boomgarden; Dennert; Dryden; Fargen; Feinstein; Gibson; Hawley; Hunhoff
(Bernie); Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Lucas; Perry; Romkema;
Schrempp; Sigdestad; Solum; Street; Turbiville; White; Willadsen; Wismer
Excused:
Elliott
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 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship
program.
Was read the second time.
Rep. Perry moved that HB 1175 be deferred to Monday, February 14th, the 21st legislative
day.
Which motion prevailed.
Was read the second time.
The question being "Shall HB 1094 pass as amended?"
And the roll being called:
Yeas 64, Nays 5, Excused 1, 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; Lucas; Lust; Magstadt; Miller; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; 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:
Brunner; Greenfield; Liss; Moser; Rozum
Excused:
Elliott
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 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain
seasonal employees and to declare an emergency.
Was read the second time.
The question being "Shall HB 1148 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Nays:
Kirschman
Excused:
Elliott; Munsterman
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 1173: FOR AN ACT ENTITLED, An Act to require the person in charge of local
elections to notify the secretary of state when the dates of elections have been set.
Was read the second time.
The question being "Shall HB 1173 pass as amended?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hoffman;
Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; 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:
Abdallah; Elliott; Hansen (Jon); Munsterman
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 1207 pass as amended?"
And the roll being called:
Yeas 64, Nays 3, Excused 3, Absent 0
Yeas:
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); Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lucas; Lust; Miller; Moser; 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:
Hunt; Juhnke; Magstadt
Excused:
Abdallah; Elliott; Munsterman
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 9: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding eligibility
requirements for the state risk pool.
Was read the second time.
The question being "Shall SB 9 pass?"
And the roll being called:
Yeas 60, Nays 7, Excused 3, Absent 0
Nays:
Blake; Fargen; Gibson; Iron Cloud III; Kloucek; Schrempp; Sigdestad
Excused:
Abdallah; Elliott; Munsterman
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.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1206 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1087 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1144 and returns the same with the recommendation that said bill be amended as follows:
" Section 11. For any lien acquired pursuant to this Act, the amount of the lien may not exceed
the amount the health care provider is entitled to pursuant to any contract the health care
provider may have with an insurance carrier. The limitations in subdivision 58-17C-14(2) apply
to the amount of the lien.".
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1145 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 1171 and returns the same with the recommendation that said bill be amended as follows:
22-16-34. Homicide is justifiable if committed by any person while resisting any attempt
to murder such person, or to harm the unborn child of such person in a manner and to a degree
likely to result in the death of the unborn child, or to commit any felony upon him or her, or
upon or in any dwelling house in which such person is.
22-16-35. Homicide is justifiable if committed by any person in the lawful defense of such
person, or of his or her husband, wife, parent, child, master, mistress, or servant, or the unborn
child of any such enumerated person, if there is reasonable ground to apprehend a design to
commit a felony, or to do some great personal injury, and imminent danger of such design being
accomplished. "
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1184 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 1183 which was deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that HB 1011, 1025, and
1028 were delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 9,
2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1026, 1027, and 1060 and finds the same correctly
enrolled.
The Speaker publicly read the title to
HB 1026: FOR AN ACT ENTITLED, An Act to repeal fleet licensing procedures for
certain vehicles.
HB 1027: FOR AN ACT ENTITLED, An Act to revise the definition of a trailer for the
purpose of titling a restored or rebuilt trailer.
HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how
motor vehicle license fees are distributed in the unorganized territories of a county.
SB 14: FOR AN ACT ENTITLED, An Act to require the mandatory reporting of abuse or
neglect of elderly or disabled adults.
SB 16: FOR AN ACT ENTITLED, An Act to authorize licensure of persons graduating
from social work programs that are in candidacy status.
SB 50: FOR AN ACT ENTITLED, An Act to revise certain certification levels of
emergency medical technicians.
And signed the same in the presence of the House.
HC 1009 Introduced by: Representatives Vanneman, 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, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp,
Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen,
Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Sutton, Adelstein,
Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom),
Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman,
Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg,
Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle