The prayer was offered by the Chaplain, Father Brian Fawcett, followed by the Pledge of
Allegiance led by House pages Diedre Beck and Dacey Beck.
Roll Call: All members present except Reps. Killer, 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 thirty-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.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 136, 140, and 149 and returns the same with the recommendation that said
bills do pass.
The Committee on Taxation respectfully reports that it has had under consideration SB 102
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
I have the honor to return herewith HB 1040, 1069, 1155, 1157, 1180, 1215, 1217, and
1256 which have passed the Senate without change.
I have the honor to return herewith HB 1174 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to return herewith HCR 1013 in which the Senate has concurred.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 68, 130, and 146.
HOUSE PAGE RESOLUTION 4 Introduced by: Representatives 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; 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; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Eighty-sixth Legislature of the State of South Dakota to Dacey Beck, Deidre Beck,
Joseph Drew, Brandon Fleming, Jancie Hager, Samuel Kueng, Rachel Mairose, Kia Miller,
Joanna Olsen, Lauren Peiffer, Megan Pushor, Reid Rasmussen, Ruth Trotter, Hanna
Werling.
WHEREAS, the above named served loyally as pages for the House of Representatives of
the Eighty-sixth Legislative Session; and
WHEREAS, the members of the Eighty-sixth House of Representatives express their most
sincere appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-sixth Legislature of the State of South Dakota, that a personal copy of this resolution be duly
certified and furnished to each page on this last day of service.
Rep. Wick moved that House Page Resolution 4 be adopted.
Which motion prevailed and the resolution was adopted.
The question being on Rep. Carson's motion that the House do concur in Senate
amendments to HB 1008.
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; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum;
Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White;
Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Nelson (Stace); Olson (Betty); Russell
Excused:
Killer; Schrempp; Stricherz
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Perry moved that the House do concur in Senate amendments to HB 1175.
The question being on Rep. Perry's motion that the House do concur in Senate amendments
to HB 1175.
And the roll being called:
Yeas 52, Nays 15, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley;
Hickey; Hoffman; Hunt; Iron Cloud III; Jensen; Jones; Kirschman; Kopp; Liss; Lucas; Lust;
Magstadt; Miller; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Sigdestad; Sly;
Steele; Street; Tulson; Turbiville; Van Gerpen; Venner; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
Nays:
Feinstein; Hubbel; Hunhoff (Bernie); Juhnke; Kirkeby; Kloucek; Moser; Nelson (Stace); Olson
(Betty); Russell; Schaefer; Solum; Tornow; Vanneman; Verchio
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Carson moved that the House do not concur in Senate amendments to HB 1248 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed and the Speaker appointed as such committee Reps. Lust,
Turbiville, and Fargen.
Yesterday, Rep. Carson announced his intention to reconsider the vote by which SB 188
lost.
Rep. Carson moved that the House do now reconsider the vote by which SB 188 lost.
The question being on Rep. Carson's motion to reconsider the vote by which SB 188 lost.
And the roll being called:
Yeas 41, Nays 26, Excused 3, Absent 0
Yeas:
Bolin; Boomgarden; Carson; Conzet; Cronin; Dryden; Gosch; Haggar; Hansen (Jon); Hoffman;
Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust;
Magstadt; Miller; Moser; Novstrup (David); Perry; Romkema; Rozum; Sly; Steele; Tulson;
Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Willadsen; Wink; Wismer;
Speaker Rausch
Nays:
Abdallah; Blake; Brunner; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson;
Greenfield; Hawley; Hickey; Hubbel; Hunhoff (Bernie); Liss; Munsterman; Nelson (Stace);
Olson (Betty); Russell; Schaefer; Sigdestad; Solum; Street; Tornow; Wick
Excused:
Killer; Schrempp; Stricherz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SB 188 was placed at the bottom of today's calendar.
Which motion lost.
Rep. Lust moved that the reports of the Standing Committees on
Appropriations on SB 124 as found on pages 592 and 593 of the House Journal; also
Appropriations on SB 133 as found on pages 593 and 594 of the House Journal; also
Appropriations on SB 200 as found on page 594 of the House Journal; also
Commerce and Energy on SB 44 as found on page 595 of the House Journal; also
Judiciary on SB 31 as found on page 596 of the House Journal be adopted.
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 second time.
The question being "Shall SB 76 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, 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;
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
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 48: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
consumption of distilled spirits in public and to provide certain penalties for consumption of
alcoholic beverages.
Was read the second time.
Rep. Liss requested that SB 48 be removed from the Consent Calendar.
Which request was granted.
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 second time.
The question being "Shall SB 132 pass as amended?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, 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;
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:
Brunner; Killer; 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.
Was read the second time.
The question being "Shall SB 202 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, 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;
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:
Brunner; Killer; 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.
Rep. Lust moved that SB 185, 191, 33, 173, 99, 35, 190, 65, 193, 194, 176, and 188 be
deferred to Monday, March 7th, the 33rd legislative day.
Which motion prevailed.
The Committee on Legislative Procedure respectfully reports that HB 1007, 1041, 1047,
1051, 1056, 1058, 1070, 1114, 1118, 1119, 1139, 1146, 1169, 1192, 1216, 1246, 1247, and
1249 were delivered to his Excellency, the Governor, for his approval at 11:29 a.m., March 3,
2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1040, 1069, 1085, 1155, 1157, 1173, 1180, 1215,
1217, and 1256 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1040: FOR AN ACT ENTITLED, An Act to provide jurisdiction for clerk magistrates
to accept certain penalties.
HB 1069: FOR AN ACT ENTITLED, An Act to define electronic communication devices
for certain crimes involving threatening or harassing calls.
HB 1085: FOR AN ACT ENTITLED, An Act to prohibit certain political advertising in
highway rights-of-way.
HB 1155: FOR AN ACT ENTITLED, An Act to revise various trust provisions.
HB 1157: FOR AN ACT ENTITLED, An Act to revise the rate of the insurance company
premium and annuity taxes applied to court appearance bonds and to establish an annual fee for
certificate of authority for domestic insurers issuing court appearance bonds.
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.
HB 1180: FOR AN ACT ENTITLED, An Act to revise and repeal certain outdated
provisions regarding land surveying.
HB 1215: FOR AN ACT ENTITLED, An Act to repeal certain refund provisions of the
motor fuel tax for certain nonhighway agricultural use of motor fuels and to provide for the
distribution of such motor fuel tax.
HB 1217: FOR AN ACT ENTITLED, An Act to establish certain legislative findings
pertaining to the decision of a pregnant mother considering termination of her relationship with
her child by an abortion, to establish certain procedures to better insure that such decisions are
voluntary, uncoerced, and informed, and to revise certain causes of action for professional
negligence relating to performance of an abortion.
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.
SB 10: FOR AN ACT ENTITLED, An Act to appropriate certain funds for the construction
of a new dairy manufacturing plant at South Dakota State University and to declare an
emergency.
SB 11: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources fund to the State Conservation Commission and to declare an emergency.
SB 12: FOR AN ACT ENTITLED, An Act to provide for a Visitation Grant Advisory
Group.
SB 13: FOR AN ACT ENTITLED, An Act to revise certain evidentiary rules relating to
the statements of children.
SB 20: FOR AN ACT ENTITLED, An Act to remove the requirement of a prior felony
conviction for a fourth and subsequent driving under the influence offenses.
SB 22: FOR AN ACT ENTITLED, An Act to provide for the regulation and licensure of
birth centers.
SB 32: FOR AN ACT ENTITLED, An Act to revise the time period to update certain sex
offender registration information and to require the collection of passport and professional
license information for such registration purposes.
SB 34: FOR AN ACT ENTITLED, An Act to create the crime of possessing, selling, or
distributing certain substances intended for the purpose of intoxication.
SB 36: FOR AN ACT ENTITLED, An Act to add a tribal member who is a certified law
enforcement officer to the Law Enforcement Officers Standards Commission.
SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding what
organizations qualify for an exemption from sales tax as a relief agency or a religious
educational institution.
SB 43: FOR AN ACT ENTITLED, An Act to revise certain health insurance standards for
patient protection.
SB 46: FOR AN ACT ENTITLED, An Act to provide that the state treasurer shall receive
certain cost penalties in certain alcoholic beverage cases.
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.
SB 64: FOR AN ACT ENTITLED, An Act to provide that interest paid on negative
balances in employers' experience rating accounts be credited to their experience rating
accounts.
SB 67: FOR AN ACT ENTITLED, An Act to reduce the minimum size for improvement
districts.
SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to county
veterans memorials.
SB 89: FOR AN ACT ENTITLED, An Act to clarify a municipality's ability to assess a fee
for street maintenance.
SB 94: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related
to building energy codes.
SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
employment of a city manager and to declare an emergency.
SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning special
alcoholic beverage licenses issued in conjunction with special events.
SB 111: FOR AN ACT ENTITLED, An Act to extend for two years the period of time in
which school districts may expend capital outlay funds for certain transportation, insurance,
energy, and utility costs.
SB 113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
notice requirements for changes in zoning requested by landowners.
SB 119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to sureties
for water user district treasurers.
SB 120: FOR AN ACT ENTITLED, An Act to revise the amount of compensation that
water user district directors may receive.
SB 122: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
expenditure of water user district funds.
SB 125: FOR AN ACT ENTITLED, An Act to revise the time period for computing
unemployment insurance employer contribution rates.
SB 139: FOR AN ACT ENTITLED, An Act to exempt from state regulation certain
medical foster home care for veterans.
SB 168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain
state purchases of supplies and services.
SB 184: FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund, the water pollution control revolving fund subfund, and the drinking water
revolving fund subfund for various water and environmental purposes, to revise the state water
plan, and to declare an emergency.
SB 189: FOR AN ACT ENTITLED, An Act to revise certain budgetary provisions relating
to certain funds received from the federal government.
SB 192: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities
in the state aid for special education formula.
And signed the same in the presence of the House.
HC 1029 Introduced by: Representatives Dennert, Blake, Boomgarden, Brunner, Deelstra,
Elliott, Fargen, Feickert, Feinstein, Gibson, Haggar, Hansen (Jon), Hawley, Hickey, Hunhoff
(Bernie), Hunt, Iron Cloud III, Jones, Killer, Kirschman, Kopp, Liss, Lucas, Magstadt,
Munsterman, Nelson (Stace), Olson (Betty), Perry, Schrempp, Sigdestad, Solum, Steele, Street,
Tornow, Venner, Verchio, and Wismer and Senators Buhl, Bradford, Frerichs, and Sutton
HC 1030 Introduced by: Representatives Novstrup (David), Cronin, Dennert, Elliott,
Feickert, Feinstein, Gosch, Hoffman, Lust, Moser, Perry, and Sigdestad and Senators Novstrup
(Al), Brown, Frerichs, Hansen (Tom), Heineman, Hundstad, and Schlekeway
one of the 100 Best Communities for Young People and for putting Aberdeen and South Dakota
in the national headlines.
HC 1031 Introduced by: Representatives Lust, Bolin, Boomgarden, Brunner, Carson,
Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Gosch, Haggar, Hansen
(Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen,
Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Magstadt, Moser,
Munsterman, Nelson (Stace), Novstrup (David), Perry, Rausch, Romkema, Rozum, Sigdestad,
Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman,
Venner, Verchio, White, Wick, Willadsen, and Wink and Senators Johnston, Adelstein,
Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Hansen (Tom), Haverly,
Heineman, Holien, Hundstad, Hunhoff (Jean), Kraus, Krebs, Lederman, Nelson (Tom),
Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden,
Schlekeway, Sutton, Tidemann, Tieszen, and Vehle
HC 1032 Introduced by: Representatives Feinstein, Deelstra, Elliott, Hawley, Hickey,
Kirschman, and Tornow and Senators Cutler and Peters
Ty Wiley, Ky Bobeldyke, Ben Green, Matt Hermanson, Brandon Mohr, Devon O'Farrell, Jon
Hander, Taylor Auringer, Wesley Stalheim, Zach Fuller, Sam Cooke, Tommy Hall, John
Murren, Fautee Quiah, Awotyak AkotKuel, Konnor Wildfeuer, Brandon Stafford, Jeremy
VerMulm, Keyen Lage, Tyler Jager, Devonte Clay, John McInerney, Cameron Thomas, Michael
Buchman, Zach Rubendall, Kenny Fideler, Stephen Lewis, Austin Benson, Cody Doorn, Nick
Deutscher, Ryan Quarve, Bobby McLaughlin, Tony Hall, Dalton Rogers, John Cordell, Grant
Lewis, Peter Tshikumbi, Austin Backer, Lucas Peterson, Ty Larson, Steven Troll, Forest
Veldhuizen, Kyle Spalding, Josh McDonald, Sam Walter, John Delgado, Zach Ferdinand,
Jordan Determann, Max Walter, Austin Kuhnert, Max Koehn, Robert Tomshack, Derek
Farniok, Jake Koepke, DeAndre Currie, Ryan Jurrens, Grant Thayer, Ayom Ayom, Dalton
Dawes, Matt Janecek, and Cole Halgerson; and
HC 1033 Introduced by: Representatives Feinstein, Deelstra, Elliott, Hawley, Hickey,
Kirschman, and Tornow and Senators Cutler and Peters
HC 1034 Introduced by: Representatives Feinstein, Deelstra, Elliott, Hawley, Hickey,
Kirschman, and Tornow and Senators Cutler and Peters
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
2:53 p.m. the House adjourned.