The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House page Joseph Drew.
Roll Call: All members present except Reps. Schrempp and Van Gerpen 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 twenty-seventh 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 on February 24, 2011, I approved House Bills 1001, 1015,
and 1022, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on Education respectfully reports that it has had under consideration
SB 111 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 8
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 168, 184, 186, 189, and 192 and returns the same with the recommendation that said bills
do pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 86 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 43 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 SB 46, 103, and 119 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 93, 109, and 158 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB 81
and 101 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 34
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 Judiciary respectfully reports that it has had under consideration SB 35
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 SB 80
and returns the same with the recommendation that said bill be amended as follows:
I have the honor to return herewith HB 1002, 1045, 1081, 1092, 1094, 1099, 1133, and
1162 which have passed the Senate without change.
I have the honor to return herewith HB 1118 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to return herewith HCR 1004 in which the Senate has concurred.
HCR 1013 Introduced by: Representatives Nelson (Stace), 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,
Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, 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
Tieszen, Adelstein, Begalka, Buhl, Cutler, Fryslie, Garnos, Gray, Hansen (Tom), Haverly,
Heineman, Holien, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom),
Novstrup (Al), Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway,
Tidemann, and Vehle
Was read the first time and the Speaker waived the committee referral.
Rep. Lust moved that the reports of the Standing Committees on
Taxation on SB 146 as found on page 509 of the House Journal; also
Local Government on SB 68 as found on pages 509 to 511 of the House Journal be
adopted.
Which motion prevailed.
SB 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding land
leased by counties.
Was read the second time.
The question being "Shall SB 66 pass?"
And the roll being called:
Yeas 65, Nays 3, Excused 2, 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;
Juhnke; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Russell; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Nays:
Kloucek; Tornow; Wismer
Excused:
Schrempp; Van Gerpen
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 95 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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;
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; Stricherz; Tornow; Tulson;
Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
Excused:
Schrempp; Van Gerpen
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 108: FOR AN ACT ENTITLED, An Act to allow for the appointment of an alternate
board member for the county legal expense relief board.
Was read the second time.
The question being "Shall SB 108 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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;
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; Stricherz; Tornow; Tulson;
Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
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.
Speaker Pro tempore Gosch now presiding.
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 second time.
The question being "Shall SB 129 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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;
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; Stricherz; Tornow; Tulson;
Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
Excused:
Schrempp; Van Gerpen
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 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from
snowmobiles.
Was read the second time.
Rep. Lust moved that SB 55 be deferred to Monday, February 28th, the 29th legislative day.
Which motion prevailed.
Was read the second time.
The question being "Shall SB 96 pass as amended?"
And the roll being called:
Yeas 59, Nays 9, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hawley; Hickey; Hoffman; Hunhoff
(Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Lucas; Lust;
Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson;
Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
Nays:
Boomgarden; Haggar; Hansen (Jon); Hubbel; Juhnke; Kloucek; Liss; Russell; Tornow
Excused:
Schrempp; Van Gerpen
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 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 second time.
The question being "Shall SB 142 pass?"
And the roll being called:
Yeas 62, Nays 6, Excused 2, Absent 0
Nays:
Greenfield; Iron Cloud III; Kloucek; Lust; Nelson (Stace); Russell
Excused:
Schrempp; Van Gerpen
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 24: FOR AN ACT ENTITLED, An Act to increase the filing fee for a rate case filed
by a gas or electric public utility.
Was read the second time.
The question being "Shall SB 24 pass?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; 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; Romkema; Rozum;
Russell; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Brunner
Excused:
Schrempp; Van Gerpen
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.
Which motion prevailed.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1002, 1045, 1081, 1092, 1094, 1099, 1133, and 1162
and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
documentation of data used to make adjustments during the assessment process for factors that
affect the capacity of the land to produce agricultural products.
HB 1045: FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide
preventive and therapeutic services to more persons under certain circumstances.
HB 1081: FOR AN ACT ENTITLED, An Act to eliminate the requirement that certain
political subdivisions purchase an accounting manual.
HB 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting
hearings to vacate municipal streets or alleys.
HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
filing of campaign finance disclosure statements.
HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding local
historic preservation projects.
HB 1133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
excusal of a child from school.
SB 1: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain
statutes related to natural resources.
SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions clarifying that
counties are not responsible for constructing, repairing, and maintaining roads contained in
improvement districts.
SB 112: FOR AN ACT ENTITLED, An Act to repeal the provision that requires county
treasurers to collect the oldest delinquent property tax first.
And signed the same in the presence of the House.
HC 1021 Introduced by: Representatives Lucas, Fargen, Gibson, Iron Cloud III, Jensen,
Jones, Killer, Kirschman, Kloucek, Magstadt, Romkema, Russell, Schaefer, Schrempp,
Sigdestad, Stricherz, Turbiville, Vanneman, Wink, and Wismer and Senators Sutton, Bradford,
Frerichs, Garnos, Maher, Olson (Russell), and Schlekeway
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
1:52 p.m. the House adjourned.