The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House pages Courtney Storm and Isaiah Wonnenberg.
Roll Call: All members present except Reps. Munsterman and Schrempp 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-third 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 March 7, 2011, I approved House Bills 1007, 1041, 1051,
1058, 1070, 1114, 1118, 1119, 1247, and 1249, and the same have been deposited in the office
of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Conference Committee respectfully reports that it has considered SB 96 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 96 be amended as follows:
" Any document that does not conform to the requirements of subdivisions (1) to (6),
inclusive, has the same effect as conforming documents for all recording purposes, including
establishing priority.".
" Section 8. There is established a county registers of deeds technology expense relief fund
administered by the South Dakota Association of County Officials and the county registers of
deeds technology expense relief board. Expenditures from the fund, including the cost to
administer the program, shall be approved by the board.
Section 9. There is established a county technology expense relief board to consist of the
county registers of deeds elected to the executive board of the South Dakota Association of
County Officials. Per diem costs for the board shall be established by the executive board of the
association and shall be paid from funds collected by the association.
Section 10. The board established in section 9 of this Act shall promulgate administrative
rules pursuant to chapter 1-26 regarding the procedure and requirements for policies to facilitate
the administration and distributions associated with the county registers of deeds technology
expense relief fund.
Section 11. The county register of deeds shall credit the fee deposited in the county registers
of deeds technology expense relief fund pursuant to § 7-9-15 on or before the fifteenth day of
the month following the collection of the recording fees.
Section 12. The fiscal year for the fund shall run July first to June thirtieth. Prior to July
thirty-first, the board shall compute each county's share as provided in sections 13 of this Act.
The board shall certify each county's share of the total fund and remit the share to the county
auditor on or before the second Tuesday in August of each year.
Section 13. Each county shall receive from the county registers of deeds technology expense
relief fund assessment the following portions of the fund:
| AURORA | 1.033 % |
| BEADLE | 2.945 % |
| BENNETT | 0.562 % |
| BON HOMME | 1.247 % |
| BROOKINGS | 3.034 % |
| BROWN | 4.671 % |
| BRULE | 1.078 % |
| BUFFALO | 0.249 % |
| BUTTE | 1.173 % |
| CAMPBELL | 0.667 % |
| CHARLES MIX | 1.621 % |
| CLARK | 1.318 % |
| CLAY | 1.487 % |
| CODINGTON | 2.872 % |
| CORSON | 0.971 % |
| CUSTER | 0.773 % |
| DAVISON | 2.399 % |
| DAY | 1.740 % |
| DEUEL | 1.063 % |
| DEWEY | 0.636 % |
| DOUGLAS | 0.811 % |
| EDMUNDS | 1.193 % |
| FALL RIVER | 1.035 % |
| FAULK | 0.986 % |
| GRANT | 1.822 % |
| GREGORY | 1.276 % |
| HAAKON | 0.871 % |
| HAMLIN | 1.025 % |
| HAND | 1.274 % |
| HANSON | 0.758 % |
| HARDING | 0.802 % |
| HUGHES | 1.720 % |
| HUTCHINSON | 1.724 % |
| HYDE | 0.518 % |
| JACKSON | 0.580 % |
| JERAULD | 0.707 % |
| JONES | 0.546 % |
| KINGSBURY | 1.527 % |
| LAKE | 1.703 % |
| LAWRENCE | 1.825 % |
| LINCOLN | 2.069 % |
| LYMAN | 0.953 % |
| McCOOK | 1.066 % |
| McPHERSON | 1.026 % |
| MARSHALL | 1.286 % |
| MEADE | 2.055 % |
| MELLETTE | 0.553 % |
| MINER | 0.944 % |
| MINNEHAHA | 10.463 % |
| MOODY | 1.308 % |
| PENNINGTON | 5.862 % |
| PERKINS | 1.418 % |
| POTTER | 0.878 % |
| ROBERTS | 1.881 % |
| SANBORN | 0.874 % |
| SHANNON | 0.297 % |
| SPINK | 2.164 % |
| STANLEY | 0.594 % |
| SULLY | 0.803 % |
| TODD | 0.536 % |
| TRIPP | 1.633 % |
| TURNER | 1.705 % |
| UNION | 1.605 % |
| WALWORTH | 1.144 % |
| YANKTON | 2.296 % |
| ZIEBACH | 0.418 % |
Section 14. On the second Tuesday in August of each year, the board shall disburse each
county's share to the county auditor. At the approval of the county commissioners, the
disbursement shall be used to obtain, maintain, and update technology and equipment used to
provide services for the office of the register of deeds. The first disbursement of this fund may
not occur before August 14, 2012.
Section 15. The county registers of deeds technology expense relief fund shall be audited
annually by the appropriate auditing agency.
Section 16. The board may accept any gifts, contributions, or funds obtained from any other
source for the purpose of carrying out the provisions of sections 8 to 17, inclusive, of this Act.
The administration and expenditure of these funds shall be in accordance with the provisions
of sections 8 to 17, inclusive, of this Act.
Section 17. If the county registers of deeds technology expense relief fund is discontinued,
the board shall equally distribute the money in the fund to each county.".
I have the honor to return herewith HB 1067, 1079, 1087, 1130, 1145, 1148, 1154, 1219,
1221, 1228, 1231, 1232, 1234, 1240, 1242, and 1244 which have passed the Senate without
change.
I have the honor to return herewith HB 1003, 1044, and 1208 which have been amended
by the Senate and your concurrence in the amendments is respectfully requested.
I have the honor to inform your honorable body that HB 1255 was lost on second reading
and final passage.
I have the honor to inform your honorable body that HB 1184 was lost for failure to be
placed on the Senate calendar.
I have the honor to transmit herewith SCR 9 which has been adopted by the Senate and
your concurrence is respectfully requested.
SCR 9: A CONCURRENT RESOLUTION, Memorializing the Congress of the United
States to balance the federal budget and hold itself to the same fiscal standards to which it
expects its citizens to adhere.
Was read the first time and the Speaker waived the committee referral.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Wednesday, March 9th, the 35th legislative day.
Which motion prevailed.
Rep. Lust moved that the reports of the Standing Committees on
Appropriations on SB 86 as found on pages 632 to 635 of the House Journal; also
Appropriations on SB 152 as found on page 635 of the House Journal; also
Which motion prevailed.
Rep. Kopp moved that the word NOT be stricken from the report of the Committee on
State Affairs on SB 156 as found on page 650 of the House Journal and that the bill be placed
on today's calendar.
The question being on Rep. Kopp's motion that the word NOT be stricken from the report
of the Committee on State Affairs on SB 156 and that the bill be placed on today's calendar.
And the roll being called:
Yeas 36, Nays 32, Excused 2, Absent 0
Yeas:
Brunner; Deelstra; Elliott; Gibson; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman;
Hubbel; Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kloucek; Kopp; Liss; Lust; Magstadt;
Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Russell; Schaefer; Sly; Steele;
Tornow; Van Gerpen; Venner; Verchio; Wick; Willadsen; Wismer
Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Dennert; Dryden; Fargen;
Feickert; Feinstein; Gosch; Hawley; Hunhoff (Bernie); Jones; Juhnke; Kirschman; Lucas; Perry;
Romkema; Rozum; Sigdestad; Solum; Street; Stricherz; Tulson; Turbiville; Vanneman; White;
Wink; Speaker Rausch
Excused:
Munsterman; Schrempp
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried, and SB 156 was so placed.
SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
administration of the state seal.
Was read the second time.
The question being "Shall SB 3 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Nays:
Kloucek
Excused:
Munsterman; 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.
Rep. Wink moved that SB 185 be placed to follow SB 152 on today's calendar.
Which motion prevailed.
SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school
district fund balances.
Having had its second reading was up for consideration and final passage.
"(8)(7) "General fund balance percentage," is a school district's general fund balance equity
divided by the school district's total general fund expenditures for the previous school
fiscal year, the quotient expressed as a percent;".
" Section 8. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.".
The question being "Shall SB 200 pass as amended?"
And the roll being called:
Yeas 62, Nays 6, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Elliott;
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; Lust; Magstadt; Miller; Moser; 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; Wick;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Bolin; Dryden; Jones; Juhnke; Lucas; White
Excused:
Munsterman; Schrempp
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed.
The question being on the title.
Was read the second time.
Rep. Feinstein moved that SB 31 be placed to follow SB 156 on today's calendar.
Which motion lost.
Rep. Russell moved that SB 31 be laid on the table.
The question being on Rep. Russell's motion that SB 31 be laid on the table.
And the roll being called:
Yeas 34, Nays 34, Excused 2, Absent 0
Yeas:
Blake; Boomgarden; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Haggar; Hansen
(Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Jensen; Jones; Killer; Kirschman; Kloucek;
Liss; Lucas; Olson (Betty); Rozum; Russell; Schaefer; Sigdestad; Solum; Street; Stricherz;
Tornow; Tulson; Venner; Verchio; Wismer
Nays:
Abdallah; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield;
Hoffman; Hunt; Iron Cloud III; Juhnke; Kirkeby; Kopp; Lust; Magstadt; Miller; Moser; Nelson
(Stace); Novstrup (David); Perry; Romkema; Sly; Steele; Turbiville; Van Gerpen; Vanneman;
White; Wick; Willadsen; Wink; Speaker Rausch
Excused:
Munsterman; Schrempp
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
" Section1. That § 23A-3-26 be repealed.
23A-3-26. Terms used in §§ 23A-3-27 to 23A-3-33, inclusive, mean:
23A-3-27. An arrested person may apply to the court that would have jurisdiction over the
crime for which the person was arrested, for entry of an order expunging the record of the arrest
after one year from the date of any arrest, if no accusatory instrument was filed, or at any time
after an acquittal.
Section 3. That § 23A-3-28 be repealed.
23A-3-28. At least fourteen days before any hearing on a motion for expungement, a copy
of the motion shall be served upon the office of the prosecuting attorney who prosecuted the
crime or violation, or who had authority to prosecute the charge if there was no accusatory
instrument filed. The prosecuting attorney may contest the motion in writing and at the hearing
on the motion.
Section 4. That § 23A-3-29 be repealed.
23A-3-29. The court may fix a time and place for a hearing on the motion unless waived by
the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing
of such affidavits and may require the taking of such evidence as it deems proper.
Section 5. That § 23A-3-30 be repealed.
23A-3-30. The court may enter an order of expungement if satisfied that the ends of justice
and the best interest of the public as well as the defendant or the arrested person will be served
by the entry of the order.
Section 6. That § 23A-3-31 be repealed.
23A-3-31. Any order of expungement shall be reported to the Division of Criminal
Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of
disposition to the Division of Criminal Investigation which shall be retained solely for use by
law enforcement agencies, prosecuting attorneys, and courts in sentencing the defendant or
arrested person for subsequent offenses.
Section 7. That § 23A-3-32 be repealed.
23A-3-32. The effect of an order of expungement is to restore the defendant or arrested
person, in the contemplation of the law, to the status the person occupied before the person's
arrest or indictment or information. No person as to whom an order of expungement has been
entered shall be held thereafter under any provision of any law to be guilty of perjury or of
giving a false statement by reason of the person's failure to recite or acknowledge the person's
arrest, indictment or information, or trial in response to any inquiry made of the person for any
purpose.
Section 8. That § 23A-3-33 be repealed.
23A-3-33. A court may issue an order of expungement for arrests that occurred before, as
well as those that occurred after, July 1, 2010. There is no statute of limitation for making an
application. ".
The Speaker, being in doubt of the voice vote, called for a division of the House.
The Speaker declared Rep. Feinstein's motion lost.
Which motion prevailed.
The question being "Shall SB 31 pass as amended?"
And the roll being called:
Yeas 34, Nays 34, Excused 2, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch;
Hickey; Hoffman; Hunt; Juhnke; Kirkeby; Lust; Magstadt; Miller; Nelson (Stace); Novstrup
(David); Perry; Romkema; Schaefer; Sly; Solum; Steele; Tulson; Turbiville; Van Gerpen;
Vanneman; White; Wick; Wink; Speaker Rausch
Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hansen (Jon);
Hawley; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirschman; Kloucek;
Kopp; Liss; Lucas; Moser; Olson (Betty); Rozum; Russell; Sigdestad; Street; Stricherz; Tornow;
Venner; Verchio; Willadsen; Wismer
Excused:
Munsterman; Schrempp
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
SB 136: FOR AN ACT ENTITLED, An Act to enhance certain provider services.
Was read the second time.
Rep. Cronin moved that SB 136 be laid on the table.
The question being on Rep. Cronin's motion that SB 136 be laid on the table.
And the roll being called:
Yeas 65, Nays 3, Excused 2, Absent 0
Nays:
Elliott; Hunhoff (Bernie); Sigdestad
Excused:
Munsterman; Schrempp
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SB 136 was tabled.
SB 140: FOR AN ACT ENTITLED, An Act to provide for access critical nursing facilities
to ensure access to health care within a reasonable distance.
Was read the second time.
The question being "Shall SB 140 pass as amended?"
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley;
Hickey; Hoffman; 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;
Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Greenfield; Hubbel
Excused:
Munsterman; 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.
Was read the second time.
Rep. Lust moved the previous question.
Which motion prevailed.
The question being "Shall SB 149 pass as amended?"
And the roll being called:
Yeas 52, Nays 16, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hoffman; Hubbel;
Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Lucas; Lust; Magstadt; Nelson (Stace); Novstrup (David); Perry; Rozum;
Schaefer; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Van Gerpen; White; Wick;
Willadsen; Wink; Wismer
Nays:
Gosch; Greenfield; Haggar; Hansen (Jon); Liss; Miller; Moser; Olson (Betty); Romkema;
Russell; Steele; Turbiville; Vanneman; Venner; Verchio; Speaker Rausch
Excused:
Munsterman; 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.
SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2011.
Was read the second time.
Rep. Lust moved that SB 190 be placed to follow SB 156 on today's calendar.
Which motion prevailed.
Having had its second reading was up for reconsideration and final passage.
Rep. Lust moved the previous question.
Which motion prevailed.
The question being "Shall SB 188 pass as amended?"
And the roll being called:
Yeas 32, Nays 36, Excused 2, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Haggar;
Hoffman; Jones; Juhnke; Kirkeby; Lucas; Lust; Moser; Novstrup (David); Perry; Romkema;
Rozum; Russell; Sly; Street; Turbiville; Van Gerpen; Vanneman; White; Willadsen; Wink;
Wismer; Speaker Rausch
Nays:
Abdallah; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hansen
(Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer;
Kirschman; Kloucek; Kopp; Liss; Magstadt; Miller; Nelson (Stace); Olson (Betty); Schaefer;
Sigdestad; Solum; Steele; Stricherz; Tornow; Tulson; Venner; Verchio; Wick
Excused:
Munsterman; Schrempp
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
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 second time.
The question being "Shall SB 196 pass?"
And the roll being called:
Yeas 65, Nays 1, Excused 4, Absent 0
Nays:
Hubbel
Excused:
Abdallah; Juhnke; Munsterman; Schrempp
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 178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
rights and duties of joint legal custodians.
Was read the second time.
The question being "Shall SB 178 pass as amended?"
And the roll being called:
Yeas 59, Nays 8, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; 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; Moser; Nelson
(Stace); Novstrup (David); Perry; Romkema; Schaefer; Sigdestad; Sly; Solum; Steele; Street;
Stricherz; Tulson; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wismer; Speaker
Rausch
Nays:
Carson; Olson (Betty); Rozum; Russell; Tornow; Turbiville; Verchio; Wink
Excused:
Miller; Munsterman; 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.
Was read the second time.
The question being "Shall SB 86 pass as amended?"
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; 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; Moser;
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
Excused:
Miller; Munsterman; Schrempp
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 152: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning state
aid to education, to revise and provide for the adjustment of the per student allocation for the
state aid to general education formula, and to revise certain property tax levies for the general
fund of a school district.
Was read the second time.
(4) "Per student allocation," for school fiscal year 2011 2012 is $4,804.60. Each school
fiscal year thereafter, the per student allocation is the previous fiscal year's per student
allocation increased by the index factor;"
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Feinstein's motion that SB 152 be amended.
And the roll being called:
Yeas 21, Nays 47, Excused 2, Absent 0
Yeas:
Blake; Brunner; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hubbel; Hunhoff
(Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Sigdestad; Street;
Wismer
Nays:
Abdallah; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield;
Haggar; Hansen (Jon); Hickey; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lust;
Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Excused:
Munsterman; Schrempp
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Lust moved the previous question.
Which motion prevailed.
The question being "Shall SB 152 pass as amended?"
And the roll being called:
Yeas 47, Nays 21, Excused 2, Absent 0
Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hubbel; Hunhoff (Bernie);
Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Sigdestad; Street; Wick;
Wismer
Excused:
Munsterman; 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.
SB 185: FOR AN ACT ENTITLED, An Act to revise and provide for the adjustment of
the per student allocation for the state aid to general education formula.
Was read the second time.
Rep. Carson moved that SB 185 be laid on the table.
The question being on Rep. Carson's motion that SB 185 be laid on the table.
And the roll being called:
Yeas 57, Nays 7, Excused 6, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; 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; Nelson (Stace); Novstrup (David); Perry; Romkema; Rozum;
Schaefer; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Blake; Dennert; Elliott; Feickert; Feinstein; Gibson; Sigdestad
Excused:
Fargen; Munsterman; Olson (Betty); Russell; Schrempp; Verchio
SB 156: FOR AN ACT ENTITLED, An Act to prohibit the employment of unauthorized
aliens, and to provide penalties therefor.
Was read the second time.
Rep. Lust moved the previous question.
Which motion prevailed.
The question being "Shall SB 156 pass as amended?"
And the roll being called:
Yeas 33, Nays 35, Excused 2, Absent 0
Yeas:
Boomgarden; Conzet; Deelstra; Gibson; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman;
Hubbel; Iron Cloud III; Jensen; Kirkeby; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser;
Nelson (Stace); Olson (Betty); Russell; Schaefer; Sly; Steele; Stricherz; Tornow; Van Gerpen;
Venner; Verchio; Wick; Willadsen
Nays:
Abdallah; Blake; Bolin; Brunner; Carson; Cronin; Dennert; Dryden; Elliott; Fargen; Feickert;
Feinstein; Gosch; Hawley; Hunhoff (Bernie); Hunt; Jones; Juhnke; Killer; Kirschman; Lucas;
Novstrup (David); Perry; Romkema; Rozum; Sigdestad; Solum; Street; Tulson; Turbiville;
Vanneman; White; Wink; Wismer; Speaker Rausch
Excused:
Munsterman; Schrempp
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Russell announced his intention to reconsider the vote by which SB 156 lost.
SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2011.
Having had its second reading was up for consideration and final passage.
" Operating Expenses, General Funds, delete $14,668,703" and insert "$14,858,459"."
" Operating Expenses, Other Funds, delete "$443,803" and insert "$447,110"."
" Operating Expenses, Federal Funds, delete "$494,597,028" and insert "$492,458,704"
Operating Expenses, Other Funds, delete "$2,851,425" and insert "$2,846,032"."
" Operating Expenses, Federal Funds, delete "$44,310,323" and insert "$44,602,333"
Operating Expenses, Other Funds, delete "$2,998,598" and insert "$3,000,684"."
" Operating Expenses, Federal Funds, delete $8,715,221" and insert "$9,095,411"."
" Operating Expenses, Federal Funds, delete "$70,671,918" and insert "$72,089,465"."
" Operating Expenses, Federal Funds, delete $13,563,501" and insert "$13,591,955"."
" Section 40. That section 19 of chapter 25 of the 2010 Session Laws be amended to read as
follows:
UNIFIED JUDICIAL SYSTEM
(2) Unified Judicial System
Operating Expenses, General Funds, delete "$4,923,417" and insert "$4,955,073"."
Adjust all totals accordingly.
" Operating Expenses, General Funds, delete "$7,405,478" and insert "$9,186,454".
The question being "Shall SB 190 pass as amended?"
And the roll being called:
Yeas 66, Nays 1, Excused 3, Absent 0
Nays:
Russell
Excused:
Abdallah; Munsterman; 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.
Rep. Russell moved that the House do now reconsider the vote by which SB 156 lost.
The question being on Rep. Russell's motion to reconsider the vote by which SB 156 lost.
And the roll being called:
Yeas 22, Nays 45, Excused 3, Absent 0
Yeas:
Deelstra; Gibson; Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel; Jensen; Kirkeby;
Kloucek; Kopp; Liss; Miller; Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Van
Gerpen; Venner; Verchio; Wick
Nays:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Dryden; Elliott; Fargen;
Feickert; Feinstein; Gosch; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones;
Juhnke; Killer; Kirschman; Lucas; Lust; Magstadt; Moser; Novstrup (David); Perry; Romkema;
Rozum; Schaefer; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Vanneman;
White; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Abdallah; Munsterman; Schrempp
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
The Committee on Legislative Procedure respectfully reports that HB 1040, 1069, 1085,
1155, 1157, 1173, 1180, 1215, 1217, and 1256 were delivered to his Excellency, the Governor,
for his approval at 10:28 a.m., March 8, 2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1067, 1087, 1148, 1154, 1174, 1228, 1231, 1232,
1234, 1240, and 1244 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1067: FOR AN ACT ENTITLED, An Act to revise the lookback period for the
enhancement of penalties for multiple assaults and violations of protection orders.
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.
HB 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain
seasonal employees and to declare an emergency.
HB 1154: FOR AN ACT ENTITLED, An Act to require persons convicted of crimes
involving domestic violence to support domestic violence programs.
HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
alcoholic beverage licenses issued at the county fairgrounds.
HB 1228: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four
technical institutes.
HB 1231: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real
estate, to appropriate the proceeds to the revolving economic development and initiative fund,
and to revise certain provisions relating to the sale of certain surplus property.
HB 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports
to be made to the Board of Economic Development.
HB 1240: FOR AN ACT ENTITLED, An Act to exempt certain sales of non-temperature-controlled baked goods from certain licensing requirements.
HB 1244: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related
to disasters in the state.
SB 68: FOR AN ACT ENTITLED, An Act to authorize investment of public funds in
bonds issued by or direct obligations of certain political subdivisions or bonding authorities of
the state.
SB 76: FOR AN ACT ENTITLED, An Act to exempt certain gift certificates and closed-loop prepaid cards from the unclaimed property provisions.
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.
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.
SB 146: FOR AN ACT ENTITLED, An Act to require certain notice requirements for
retailers that do not have nexus in South Dakota which are selling tangible personal property,
services, or products transferred electronically for use in South Dakota.
SB 202: FOR AN ACT ENTITLED, An Act to revise the State Workers' Compensation
Advisory Council.
And signed the same in the presence of the House.
HC 1048 Introduced by: Representatives Brunner, Elliott, Haggar, Hunt, Jones, Killer,
Lucas, Miller, Perry, Schaefer, Sly, Stricherz, Tulson, Vanneman, and Venner and Senators
Garnos, Bradford, Gray, Kraus, Rave, and Schlekeway
HC 1050 Introduced by: Representatives Sigdestad, Abdallah, Blake, Bolin, Brunner,
Carson, Conzet, Cronin, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch,
Greenfield, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron
Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas,
Miller, Moser, Munsterman, Nelson (Stace), Olson (Betty), Romkema, Rozum, Russell,
Schaefer, Schrempp, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van
Gerpen, Vanneman, Venner, White, Wick, Wink, and Wismer and Senators Frerichs, Adelstein,
Begalka, Bradford, Buhl, Cutler, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman,
Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Novstrup
(Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway,
Sutton, Tidemann, Tieszen, and Vehle
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
6:04 p.m. the House adjourned.