The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge
of Allegiance led by House pages Hannah Gacke and Kallista Heath.
Roll Call: All members present except Reps. Elliott, Feinstein, and Jensen 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 nineteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that I approved House Bills 1004, 1014, 1017, 1018, 1019, 1020,
and 1021, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1047 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 1046, 1049, and 1143 which were tabled.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1245, 1246, 1247, and 1249 and returns the same with the recommendation that said bills
do pass.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1103 which was deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 4 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
SB 5 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 Transportation respectfully reports that it has had under consideration
HB 1192 and returns the same with the recommendation that said bill be amended as follows:
" Section 7. That § 32-6B-23 be amended to read as follows:
32-6B-23. The department shall issue to any motorcycle dealer and trailer dealer licensed
pursuant to this chapter metal number plates bearing a prefix of the letter "D" and containing
a distinguishing identification number of the licensee. The dealer shall make application to the
department for the plates and pay a fee of ten fifteen dollars for each plate. One license plate
shall be displayed on the rear of any motorcycle, or trailer, semitrailer, or travel trailer, owned
by the dealer while traveling on a public highway. Any vehicle owned by the licensed dealer and
bearing the dealers' metal plate may be operated on the streets and highways of this state for any
purpose, including demonstration by a prospective buyer. All money collected pursuant to this
section shall be distributed in the manner specified in § 32-11-2 and §§ 32-11-4.1 to 32-11-9,
inclusive.
Section 8. That § 32-6B-36.3 be amended to read as follows:
32-6B-36.3. The department shall issue metal numerical license plates to an auction agency
upon application and payment of a forty-two sixty-three dollar yearly fee to be paid at the time
of the annual review date for each set desired. Such fees shall be distributed in the manner
specified in §§ 32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be
numbered consecutively and shall bear as a prefix the number "99." The plates may be issued
for a multiple year period. If an auction agency's license is revoked or canceled or the auction
agency goes out of business, the "99" plates shall be returned to the department. If any person
operates a motor vehicle with "99" plates after the auction agency's license is revoked or
canceled or after the auction agency goes out of business, or if the person refuses to return the
plates, the person is guilty of a Class 2 misdemeanor. ".
" Section 15. That § 32-6B-23 be amended to read as follows:
32-6B-23. The department shall issue to any motorcycle dealer and trailer dealer licensed
pursuant to this chapter metal number plates bearing a prefix of the letter "D" and containing
a distinguishing identification number of the licensee. The dealer shall make application to the
department for the plates and pay a fee of ten twenty dollars for each plate. One license plate
shall be displayed on the rear of any motorcycle, or trailer, semitrailer, or travel trailer, owned
by the dealer while traveling on a public highway. Any vehicle owned by the licensed dealer and
bearing the dealers' metal plate may be operated on the streets and highways of this state for any
purpose, including demonstration by a prospective buyer. All money collected pursuant to this
section shall be distributed in the manner specified in § 32-11-2 and §§ 32-11-4.1 to 32-11-9,
inclusive.
32-6B-36.3. The department shall issue metal numerical license plates to an auction agency
upon application and payment of a forty-two eighty-four dollar yearly fee to be paid at the time
of the annual review date for each set desired. Such fees shall be distributed in the manner
specified in §§ 32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be
numbered consecutively and shall bear as a prefix the number "99." The plates may be issued
for a multiple year period. If an auction agency's license is revoked or canceled or the auction
agency goes out of business, the "99" plates shall be returned to the department. If any person
operates a motor vehicle with "99" plates after the auction agency's license is revoked or
canceled or after the auction agency goes out of business, or if the person refuses to return the
plates, the person is guilty of a Class 2 misdemeanor. ".
I have the honor to return herewith HB 1009, 1010, 1013, 1016, 1030, 1031, 1032, 1035,
1036, 1037, 1038, and 1042 which have passed the Senate without change.
I have the honor to return herewith HB 1029 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SB 76, 84, 103, 109, 125, 130, 146, and 147 which
have passed the Senate and your favorable consideration is respectfully requested.
HCR 1005: A CONCURRENT RESOLUTION, Expressing support for raising public
awareness of the disease of lupus.
Rep. Rausch moved that HCR 1005 as found on page 336 of the House Journal be adopted.
The question being on Rep. Rausch's motion that HCR 1005 be adopted.
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; 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; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Elliott; Feinstein; Jensen; Vanneman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1005 was adopted.
Rep. Lust moved that the reports of the Standing Committees on
State Affairs on HB 1130 as found on page 332 of the House Journal; also
Commerce and Energy on HB 1056 as found on page 333 of the House Journal; also
Judiciary on HB 1087 as found on page 344 of the House Journal; also
Judiciary on HB 1144 as found on page 345 of the House Journal; also
Judiciary on HB 1145 as found on page 345 of the House Journal; also
Judiciary on HB 1171 as found on pages 345 and 346 of the House Journal; also
Which motion prevailed.
SB 76: FOR AN ACT ENTITLED, An Act to exempt certain gift certificates and closed-loop prepaid cards from the unclaimed property provisions.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 84: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
administrative penalties when filing campaign finance disclosure statements.
Was read the first time and referred to the Committee on State Affairs.
SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning special
alcoholic beverage licenses issued in conjunction with special events.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 109: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to
promulgate rules concerning lobbyist registration fees, to impose a penalty for the failure to
timely file lobbyist or lobbyist employer reports, and to repeal certain provisions concerning
lobbyists who fail to comply with certain requirements.
Was read the first time and referred to the Committee on State Affairs.
SB 125: FOR AN ACT ENTITLED, An Act to revise the time period for computing
unemployment insurance employer contribution rates.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 130: FOR AN ACT ENTITLED, An Act to provide a procedure for the Secretary of
State to conduct certain local elections when an emergency exists.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on Taxation.
SB 147: FOR AN ACT ENTITLED, An Act to expand the application of nexus for the
purpose of collecting sales and use taxes owed to the state.
Was read the first time and referred to the Committee on Taxation.
HB 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports
to be made to the Board of Economic Development.
Was read the second time.
The question being "Shall HB 1234 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; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; 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
Excused:
Elliott; Feinstein; Jensen
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. Lust moved that the balance of the calendar including HB 1146, 1185, 1147, 1129,
1163, 1215, 1216, 1221, 1196, 1203, 1233, 1256, and 1206 and SB 39 be deferred to Monday,
February 14th, the 21st legislative day.
Which motion prevailed.
The Committee on Legislative Procedure respectfully reports that HB 1043 was delivered
to his Excellency, the Governor, for his approval at 9:40 a.m., February 10, 2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1009, 1010, 1013, 1016, 1030, 1031, 1032, 1035,
1036, 1037, 1038, and 1042 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1009: FOR AN ACT ENTITLED, An Act to repeal the authority of the Department
of Environment and Natural Resources to regulate public swimming places and bulk water
haulers.
HB 1010: FOR AN ACT ENTITLED, An Act to revise the definition of bulk pesticide.
HB 1013: FOR AN ACT ENTITLED, An Act to revise the membership of the Board of
Examiners for Counselors and Marriage and Family Therapists.
HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing and regulation of grain buyers, grain warehouses, and weighmasters.
HB 1031: FOR AN ACT ENTITLED, An Act to increase the national registry fee for real
estate appraisers.
HB 1032: FOR AN ACT ENTITLED, An Act to authorize imposition of a permanent
injunction upon any person engaged in an unlicensed real estate appraisal practice.
HB 1035: FOR AN ACT ENTITLED, An Act to revise the process for the collection of
the annual insurance company examination assessment fee.
HB 1036: FOR AN ACT ENTITLED, An Act to revise the time when financial reports of
the guaranty association are submitted to the director of insurance.
HB 1037: FOR AN ACT ENTITLED, An Act to revise certain posting requirements
relating to hunting in the Black Hills Fire Protection District.
HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
certain fees for the electronic transmission of court records.
HB 1042: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
assignment of a judgment.
SB 18: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding a
commercial driver license.
And signed the same in the presence of the House.
HC 1011 Introduced by: Representatives Novstrup (David), Carson, Conzet, Cronin,
Deelstra, Dennert, Fargen, Feickert, Feinstein, Gosch, Hansen (Jon), Hawley, Hoffman, Lust,
Munsterman, Perry, Wick, and Willadsen and Senators Novstrup (Al), 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), Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway,
Sutton, Tidemann, Tieszen, and Vehle
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State
of South Dakota, that Northern State University Coach Don Meyer be congratulated and
honored as the winningest college coach in NCAA history, for his many other distinctions and
achievements, and for putting South Dakota on the national stage.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
1:34 p.m. the House adjourned.