The prayer was offered by the Chaplain, Pastor Mercy Hobbs, followed by the Pledge of
Allegiance led by House pages Nathan Audiss, Rachel Nelson, and Alexis Shoup.
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 twenty-first day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Rep. Magstadt introduced Erin Williams of Watertown, the 2010 South Dakota Girls State
Governor, and Daniel Wanous of Sioux Falls, the 2010 South Dakota Boys State Governor.
Rep. Sly introduced Hayley Smith, the 2010 South Dakota 4-H Rodeo Ambassador, from
Rapid City, South Dakota.
The Committee on Taxation respectfully reports that it has had under consideration
HB1157 and returns the same with the recommendation that said bill be amended as follows:
" Section 2. That § 58-2-29 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1128, 1189, and 1226 which were deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1220 which was tabled.
The Committee on Transportation respectfully reports that it has had under consideration
SB 28 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 19 and 42 and returns the same with the recommendation that said bills do pass and be
placed on the consent calendar.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1179 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 1104 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1252 and returns the same with the recommendation that said bill be amended
as follows:
31-29-69. Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes any local authority to
prohibit outdoor advertising any on-premise sign throughout its jurisdiction. However, any the
local authority may prohibit any other new outdoor advertising structures in its jurisdiction. Any
such regulation and control shall be reasonable and reasonably related to the needs of the
business community to adequately and properly advertise its goods and services of benefit to
the traveling public. "
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1158 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith SB 96, 132, 151, 153, 173, 194, and 196 which have
passed the Senate and your favorable consideration is respectfully requested.
I have the honor to return herewith HB 1005, 1006, 1023, 1024, and 1080 which have
passed the Senate without change.
Rep. Steele moved that the Committee on State Affairs be instructed to deliver HB 1198
to the floor of the House, pursuant to Joint Rule 7-7.
A roll call vote was requested and supported.
The question being on Rep. Steele's motion that the Committee on State Affairs be
instructed to deliver HB 1198 to the floor of the House, pursuant to Joint Rule 7-7.
And the roll being called:
Yeas 19, Nays 48, Excused 3, Absent 0
Yeas:
Bolin; Brunner; Gosch; Greenfield; Haggar; Hubbel; Hunt; Kopp; Liss; Magstadt; Munsterman;
Nelson (Stace); Olson (Betty); Rozum; Russell; Sigdestad; Steele; Venner; Verchio
Nays:
Abdallah; Blake; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen;
Feickert; Feinstein; Gibson; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Iron
Cloud III; Jones; Juhnke; Killer; Kirschman; Kloucek; Lucas; Lust; Miller; Moser; Novstrup
(David); Perry; Romkema; Schaefer; Schrempp; Sly; Solum; Street; Stricherz; Tornow; Tulson;
Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Elliott; Jensen; Kirkeby
So the motion not having received an affirmative vote of one-third of the members-elect,
the Speaker declared the motion lost.
Rep. Venner moved that the Committee on Health and Human Services be instructed to
deliver HB 1120 to the floor of the House, pursuant to Joint Rule 7-7.
A roll call vote was requested and supported.
The question being on Rep. Venner's motion that the Committee on Health and Human
Services be instructed to deliver HB 1120 to the floor of the House, pursuant to Joint Rule 7-7.
And the roll being called:
Yeas 24, Nays 44, Excused 2, Absent 0
Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Cronin; Dennert; Fargen; Feickert; Feinstein;
Gibson; Gosch; Hansen (Jon); Hawley; Hickey; Hunhoff (Bernie); Iron Cloud III; Jones;
Juhnke; Killer; Kirschman; Kloucek; Lucas; Lust; Magstadt; Moser; Novstrup (David); Perry;
Romkema; Rozum; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Van Gerpen;
Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Elliott; Miller
So the motion having received an affirmative vote of one-third of the members-elect, the
Speaker declared the motion was supported and the committee was so instructed.
HCR 1006 Introduced by: Representatives Feinstein, Blake, Elliott, Gibson, Hawley,
Hunhoff (Bernie), Jones, Kirkeby, Kloucek, and Schaefer and Senators Nygaard, Adelstein,
Buhl, Fryslie, Maher, Nelson (Tom), Rampelberg, and Sutton
Rep. Lust moved that the reports of the Standing Committees on
Local Government on HB 1201 as found on pages 364 and 365 of the House Journal; also
Education on HB 1083 as found on page 365 of the House Journal; also
Education on HB 1228 as found on page 365 of the House Journal; also
Education on HB 1235 as found on page 366 of the House Journal; also
State Affairs on HB 1149 as found on page 367 of the House Journal; also
State Affairs on HB 1248 as found on page 368 of the House Journal; also
Judiciary on HB 1155 as found on pages 368 to 370 of the House Journal; also
Judiciary on HB 1217 as found on page 370 of the House Journal be adopted.
Which motion prevailed.
SB 96: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain documents
filed with the county register of deeds.
Was read the first time and referred to the Committee on Local Government.
SB 132: FOR AN ACT ENTITLED, An Act to provide the right of first refusal to construct
and own electric transmission lines to incumbent electric utilities.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 151: FOR AN ACT ENTITLED, An Act to revise the grandfathering provisions of
massage therapy licensure.
Was read the first time and referred to the Committee on Health and Human Services.
SB 153: FOR AN ACT ENTITLED, An Act to revise fees for resident nurserymen and
nursery stock dealers.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes
against minors be suppressed under certain conditions.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on State Affairs.
SB 196: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive
payment, to create the ethanol infrastructure incentive fund, to appropriate money to encourage
the use of ethanol, and to make transfers into the ethanol infrastructure incentive fund and the
revolving economic development and initiative fund.
Was read the first time and referred to the Committee on State Affairs.
SB 21: FOR AN ACT ENTITLED, An Act to eliminate the requirement for single action
hardware on primary exit doors for specialty resorts and vacation homes.
Was read the second time.
The question being "Shall SB 21 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; 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
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 second time.
The question being "Shall SB 47 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; 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
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.
SB 49: FOR AN ACT ENTITLED, An Act to authorize the Real Estate Commission to
commence actions for injunctions against certain individuals and entities that engage in the
practice of real estate without a license issued and to provide for recovery of costs of the
injunction proceedings by the commission.
Was read the second time.
The question being "Shall SB 49 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
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 1256: 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 second time.
The question being "Shall HB 1256 pass?"
And the roll being called:
Yeas 65, Nays 1, Excused 4, 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; 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; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Verchio
Excused:
Elliott; Jones; Juhnke; Tornow
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 1206 pass?"
And the roll being called:
Yeas 37, Nays 32, Excused 1, Absent 0
Yeas:
Bolin; Boomgarden; Brunner; Conzet; Dryden; Fargen; Feinstein; Gosch; Haggar; Hansen (Jon);
Hickey; Hunhoff (Bernie); Hunt; Kirkeby; Kopp; Lust; Magstadt; Moser; Munsterman;
Novstrup (David); Olson (Betty); Perry; Romkema; Schaefer; Sly; Solum; Steele; Stricherz;
Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Speaker Rausch
Nays:
Abdallah; Blake; Carson; Cronin; Deelstra; Dennert; Feickert; Gibson; Greenfield; Hawley;
Hoffman; Hubbel; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Liss;
Lucas; Miller; Nelson (Stace); Rozum; Russell; Schrempp; Sigdestad; Street; Venner; Verchio;
Wink; Wismer
Excused:
Elliott
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. Tornow announced his intention to reconsider the vote by which HB 1206 lost.
HB 1130: FOR AN ACT ENTITLED, An Act to allow certain adult children of overseas
citizens to vote in the state.
Was read the second time.
And the roll being called:
Yeas 55, Nays 13, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel;
Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp;
Lucas; Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty);
Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz;
Tornow; Tulson; Venner; White; Willadsen; Wismer; Speaker Rausch
Nays:
Cronin; Greenfield; Haggar; Jensen; Juhnke; Liss; Miller; Russell; Turbiville; Van Gerpen;
Vanneman; Verchio; Wick
Excused:
Elliott; Wink
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 1056: FOR AN ACT ENTITLED, An Act to establish an additional time period during
which fireworks may be sold and discharged and to revise certain provisions regarding county
regulation of fireworks.
Was read the second time.
The question being "Shall HB 1056 pass as amended?"
And the roll being called:
Yeas 66, Nays 3, Excused 1, 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; Jensen; Jones; Juhnke; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
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; Lucas; Schrempp
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 1087: FOR AN ACT ENTITLED, An Act to address comprehensibly the liability
relationship between a trespasser and a person with a possessory interest in land.
Was read the second time.
The question being "Shall HB 1087 pass as amended?"
And the roll being called:
Yeas 64, Nays 5, Excused 1, 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; Jensen; Jones; Juhnke; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp;
Sigdestad; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Nays:
Feinstein; Killer; Lucas; Street; 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 1144: FOR AN ACT ENTITLED, An Act to create a statutory lien for certain health
care providers.
Was read the second time.
The question being "Shall HB 1144 pass as amended?"
And the roll being called:
Yeas 54, Nays 15, Excused 1, Absent 0
Nays:
Abdallah; Blake; Boomgarden; Carson; Cronin; Deelstra; Greenfield; Iron Cloud III; Liss;
Magstadt; Nelson (Stace); Perry; Schrempp; Street; Wink
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 1145: FOR AN ACT ENTITLED, An Act to provide for the identification of the law
applicable to certain claims for damages.
Was read the second time.
The question being "Shall HB 1145 pass as amended?"
And the roll being called:
Yeas 47, Nays 20, Excused 3, Absent 0
Yeas:
Bolin; Boomgarden; Brunner; Deelstra; Dennert; Dryden; Fargen; Feinstein; Greenfield;
Haggar; Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirschman; Kopp;
Liss; Lust; Magstadt; Moser; 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; White; Willadsen; Speaker
Rausch
Nays:
Blake; Carson; Conzet; Cronin; Feickert; Gibson; Gosch; Hansen (Jon); Hoffman; Iron Cloud
III; Jones; Killer; Kloucek; Lucas; Miller; Rozum; Verchio; Wick; Wink; Wismer
Excused:
Abdallah; Elliott; Kirkeby
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.
Which motion prevailed.
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain prairie dog shooting season
provisions.
Was read the second time.
The question being "Shall HB 1047 pass?"
And the roll being called:
Yeas 62, Nays 7, Excused 1, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Fargen;
Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); 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; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Blake; Dennert; Feinstein; Gibson; Hawley; Iron Cloud III; Stricherz
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.
Rep. Lust moved that the balance of the calendar including HB 1245, 1246, 1247, 1249,
1192, 1053, 1169, 1208, 1110, 1171, and 1203 and SB 39, 4, and 27 be deferred to Wednesday,
February 16th, the 23rd legislative day.
Which motion prevailed.
The Committee on Legislative Procedure respectfully reports that HB 1009, 1010, 1013,
1016, 1030, 1031, 1032, 1035, 1036, 1037, 1038, and 1042 were delivered to his Excellency,
the Governor, for his approval at 9:30 a.m., February 15, 2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1005, 1006, 1023, 1024, 1029, and 1080 and finds
the same correctly enrolled.
The Speaker publicly read the title to
HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
private shooting preserves.
HB 1006: FOR AN ACT ENTITLED, An Act to authorize certain air guns for use in
hunting certain animals.
HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding how
South Dakota Retirement System survivor benefits and disability benefits are handled in regard
to children.
HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
vacancies on the Board of Trustees of the South Dakota Retirement System.
HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
taxation of telecommunications companies.
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.
And signed the same in the presence of the House.
HC 1013 Introduced by: Representatives Rozum, 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, Russell, Schaefer, Schrempp, Sigdestad, Sly,
Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner,
Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Vehle, 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, Sutton, Tidemann, and Tieszen
HC 1015 Introduced by: Representatives Olson (Betty), Iron Cloud III, Jones, Killer,
Kirkeby, Lucas, Schrempp, and Verchio and Senators Maher and Bradford
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:43 p.m. the House adjourned.