The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by House pages Joanna Olsen, Tina Vaughn, and Emily Semmler.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirty-fourth 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 8, 2011, I approved House Bills 1047, 1056, 1139,
1169, 1216, and 1246, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
I have the honor to return herewith HB 1141, 1194, and 1233 which have passed the Senate
without change.
I have the honor to return herewith HB 1093, 1110, 1235, and 1245 which have been
amended by the Senate and your concurrence in the amendments is respectfully requested.
Rep. Cronin moved that the consideration of Senate amendments to HB 1208 be placed to
precede SCR 9 on today's calendar.
Which motion prevailed.
Rep. Gosch moved that the House do not concur in Senate amendments to HB 1208 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. Gosch, David Novstrup, and Fargen.
The House reconvened at 11:30 a.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 6.
The Conference Committee respectfully reports that it has considered HB 1248 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1248 be amended as follows:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 33, 35, 44, 133, 173, 176, and 191.
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on SB 96 and no new committee was appointed.
I have the honor to inform your honorable body that the Senate has appointed Sens.
Garnos, Russell Olson, and Frerichs as a committee of three on the part of the Senate to meet
with a like committee on the part of the House to adjust the differences between the two houses
on HB 1208.
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.
Rep. Haggar moved that SCR 9 as found on pages 627 and 628 of the Senate Journal be
concurred in.
The question being on Rep. Haggar's motion that SCR 9 be concurred in.
And the roll being called:
Yeas 63, Nays 3, Excused 4, Absent 0
Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden; Elliott; Feickert;
Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt;
Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas;
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
Nays:
Blake; Fargen; Hunhoff (Bernie)
Excused:
Abdallah; Cronin; Gibson; Lust
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 9 was concurred in.
The question being on Rep. Hunt's motion that the House do concur in Senate amendments
to HB 1003.
And the roll being called:
Yeas 67, Nays 3, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley;
Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer;
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; Street; Stricherz; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Fargen; Juhnke; Lucas
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. Jones moved that the House do concur in Senate amendments to HB 1044.
The question being on Rep. Jones' motion that the House do concur in Senate amendments
to HB 1044.
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
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.
The House reconvened at 4:00 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 6.
The Conference Committee respectfully reports that it has considered HB 1208 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1208 be amended as follows:.
" Section 1. That § 13-10-12 be amended to read as follows:
13-10-12. Each person over eighteen years of age hired by a school district shall submit to
a criminal background investigation, by means of fingerprint checks by the Division of Criminal
Investigation and the Federal Bureau of Investigation. The school district shall submit
completed fingerprint cards to the Division of Criminal Investigation before the prospective new
employee enters into service. If no disqualifying record is identified at the state level, the
fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau
of Investigation for a national criminal history record check. Any person whose employment is
subject to the requirements of this section may enter into service on a temporary basis pending
receipt of results of the criminal background investigation. The employing school district may,
without liability, withdraw its offer of employment or terminate the temporary employment
without notice if the report reveals a disqualifying record. Any person whose employment is
subject to the requirements of this section shall pay any fees charged for the criminal record
check. However, the school board or governing body may reimburse the person for the fees. Any
person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school
district is not required to submit to a criminal background investigation as required in this
section. In addition, any person employed by a postsecondary technical institute is not required
to submit to a criminal background investigation as required in this section, unless the person
is a teacher who teaches an elementary or secondary level course in an elementary or secondary
school facility, or unless the person is an employee, other than a teacher, whose work
assignment includes working in an elementary or secondary school facility.
Section 2. That ARSD 24:06:08:01 be repealed.
Training of school bus drivers and bus attendants. School bus operators must provide annual
training for school bus drivers in accordance with the section entitled "Driver" pages 121 to 124
and the section entitled "Bus Attendant" pages 124 and 125, in the National School
Transportation Specifications & Procedures, 2005 Revised Edition. In addition, the following
provisions apply:
(1) The State approved pre-service training program shall include a minimum of two hours
of classroom training, which will include knowledge of basic first aid procedures, and two hours
of behind-the-wheel training to enable safe and efficient vehicle operation;
(2) The annual State approved in-service program shall include a minimum of four hours
of classroom and/or behind-the-wheel training.
Section 3. That chapter 13-29 be amended by adding thereto a NEW SECTION to read as
follows:
13-43-7.1. If a teacher desires to attend an annual professional association meeting, the
school board may authorize attendance at such meeting without loss of pay from regular salary.
However, such attendance may not take the teacher away from regular duties for more than two
consecutive days preceding any school term. ".
" Section 7. That § 13-13-78 be amended to read as follows:
13-13-78. Terms used in § 13-13-79 mean:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 3, 86, 152, 190, and 200.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on HB 1248.
Rep. Russell moved that the House do concur in Senate amendments to HB 1093.
The question being on Rep. Russell's motion that the House do concur in Senate amendments to HB 1093.
Yeas 59, Nays 11, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feinstein; Gibson; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel;
Hunhoff (Bernie); Iron Cloud III; Jensen; Juhnke; Kirkeby; 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:
Bolin; Feickert; Gosch; Greenfield; Hunt; Jones; Killer; Kirschman; Kloucek; Lucas; Schrempp
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. Lust moved that the House do concur in Senate amendments to HB 1110.
The question being on Rep. Lust's motion that the House do concur in Senate amendments
to HB 1110.
And the roll being called:
Yeas 69, Nays 1, Excused 0, 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; 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
Nays:
Kopp
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.
The question being on Rep. Lust's motion that the House do concur in Senate amendments
to HB 1235.
And the roll being called:
Yeas 57, Nays 13, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Hansen (Jon); Hawley; Hickey;
Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Juhnke; Killer; Kirkeby; Kirschman;
Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema;
Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Van
Gerpen; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Greenfield; Haggar; Hubbel; Jensen; Kloucek; Kopp; Nelson (Stace); Olson (Betty); Russell;
Steele; Tornow; Venner; Verchio
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. Carson moved that the House do concur in Senate amendments to HB 1245.
The question being on Rep. Carson's motion that the House do concur in Senate
amendments to HB 1245.
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow;
Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
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.
Which motion prevailed.
Rep. Lust moved that the report of the Conference Committee on HB 1248 as found on
page 695 of the House Journal be adopted.
The question being on Rep. Lust's motion that the report of the Conference Committee on
HB 1248 be adopted.
Rep. Bernie Hunhoff moved to appeal the ruling of the chair that the adoption of the
Conference Committee Report on HB 1248 requires only a majority of members-elect.
A roll call vote was requested and supported.
The question being "Shall the decision of the chair be sustained?"
And the roll being called:
Yeas 49, Nays 19, Excused 2, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch;
Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Liss;
Lust; Magstadt; Miller; Moser; Munsterman; 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
Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron
Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Schrempp; Sigdestad; Street; Wismer
Excused:
Greenfield; Nelson (Stace)
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and the decision of the Speaker was sustained.
And the roll being called:
Yeas 67, Nays 2, Excused 1, 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; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Kopp; Tornow
Excused:
Nelson (Stace)
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the report was adopted.
The Committee on Legislative Procedure respectfully reports that HB 1008, 1033, 1062,
1175, and 1230 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m.,
March 9, 2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1003, 1044, 1079, 1130, 1141, 1145, 1194, 1219,
1221, 1233, and 1242 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1003: FOR AN ACT ENTITLED, An Act to permit the Interim Rules Review
Committee to revert a rule if the rule imposes certain costs.
HB 1044: FOR AN ACT ENTITLED, An Act to revise certain water project district voter
eligibility provisions.
HB 1079: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the
purchase of firearms by out-of-state residents.
HB 1130: FOR AN ACT ENTITLED, An Act to allow certain adult children of overseas
citizens to vote in the state.
HB 1141: FOR AN ACT ENTITLED, An Act to establish a date to begin absentee voting
and to revise the deadline for the printing of ballots.
HB 1145: FOR AN ACT ENTITLED, An Act to provide for the identification of the law
applicable to certain claims for damages.
HB 1194: FOR AN ACT ENTITLED, An Act to establish the State of South Dakota
endowment fund.
HB 1219: FOR AN ACT ENTITLED, An Act to extend certain protections against
precipitous eviction to certain long-term tenants at will.
HB 1221: FOR AN ACT ENTITLED, An Act to establish a task force on teen driving
safety.
HB 1233: FOR AN ACT ENTITLED, An Act to limit liability from damages caused by
certain aviation products.
HB 1242: FOR AN ACT ENTITLED, An Act to authorize the use of tribal identification
cards as the equivalent of certain state-issued documents for identification purposes.
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.
SB 65: FOR AN ACT ENTITLED, An Act to allow nonpublic schools accredited by
certain accrediting agencies other than the Department of Education to become members of the
South Dakota High School Activities Association.
SB 80: FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions
for recovery of damages for personal injury or death to municipal officers, employees, and
volunteers.
SB 102: FOR AN ACT ENTITLED, An Act to repeal an outdated provision regarding the
assessment of property for school districts.
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.
SB 151: FOR AN ACT ENTITLED, An Act to revise the grandfathering provisions and
renewal requirements of massage therapy licensure.
SB 193: FOR AN ACT ENTITLED, An Act to authorize counties to issue additional on-sale licenses for certain facilities located on hunting preserves.
SB 194: FOR AN ACT ENTITLED, An Act to create a Wind Energy Competitive
Advisory Task Force and to provide for the appointment of the task force members.
And signed the same in the presence of the House.
HC 1052 Introduced by: Representatives Lust, Abdallah, Bolin, Brunner, Conzet, Cronin,
Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Gosch, Greenfield, Haggar, Hansen (Jon),
Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones,
Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Magstadt, Miller, Moser, Nelson
(Stace), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Sigdestad, Sly,
Solum, Steele, Street, Stricherz, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio,
White, Wick, Willadsen, Wink, and Wismer and Senators Tieszen, Adelstein, Begalka,
Bradford, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman,
Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Olson
(Russell), Peters, Putnam, Rampelberg, Schlekeway, Sutton, Tidemann, and Vehle
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
5:38 p.m. the House adjourned.