The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge
of Allegiance led by House pages Lana Nelson and Rebekah Nelson.
Roll Call: All members present except Reps. Carson, Elliott, Venner, and Wink 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-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. Dennert introduced Duane Alm, a member of the Aberdeen School District Board of
Education, the Associated School Boards of South Dakota Outstanding School Board Member
for 2011.
The Committee on Education respectfully reports that it has had under consideration SB 8
and 127 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 5
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 11, 62, and 93 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 19, 56, 57, and 168 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 65 and 87 and returns the same with the recommendation that said bills do pass.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 115 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
The Committee on Judiciary respectfully reports that it has had under consideration SB 13
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 39
and 41 and returns the same with the recommendation that said bills 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 42
and returns the same with the recommendation that said bill be amended as follows:
" Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.".
I have the honor to return herewith HB 1042 and 1043 which have passed the Senate
without change.
I have the honor to transmit herewith SB 10, 48, 49, 71, 77, 80, 82, 85, 128, 130, 138, 139,
170, 187, 188, 192, and 193 which have passed the Senate and your favorable consideration is
respectfully requested.
HCR 1009 Introduced by: Representatives Stricherz, Bolin, Brunner, Fargen, Hickey,
Hubbel, Hunt, Iron Cloud III, Killer, Lucas, Lust, Olson (Betty), Russell, Schaefer, Verchio, and
Willadsen and Senators Bradford, Kraus, Maher, Nygaard, and Tieszen
Was read the first time and the Speaker waived the committee referral.
HCR 1010 Introduced by: Representatives Hansen (Jon), Cronin, Dennert, Fargen,
Feickert, Feinstein, Gosch, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Lucas, Moser,
Rausch, Schrempp, Sigdestad, Street, Tornow, Wick, and Willadsen and Senators Frerichs,
Hansen (Tom), Haverly, Hundstad, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al),
Peters, Rampelberg, Rhoden, and Sutton
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 1:00 p.m. on
Thursday, February 16, the 23rd legislative day.
Which motion prevailed.
Rep. Lust moved that the report of the Standing Committee on
Health and Human Services on SB 72 as found on page 455 of the House Journal be
adopted.
Which motion prevailed.
SB 10: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
boating while under the influence.
Was read the first time and referred to the Committee on Judiciary.
SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2012.
Was read the first time and referred to the Committee on Appropriations.
SB 49: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general
fund of a school district.
Was read the first time and referred to the Committee on State Affairs.
SB 71: FOR AN ACT ENTITLED, An Act to modify the requirements relating to the
publication of the administrative rules.
Was read the first time and referred to the Committee on State Affairs.
SB 77: FOR AN ACT ENTITLED, An Act to provide for the establishment of a
scholarship program for postsecondary technical institute students and to make an appropriation
therefor.
Was read the first time and referred to the Committee on State Affairs.
SB 80: FOR AN ACT ENTITLED, An Act to exempt veterans from the twelve-month
residency requirement for the purposes of tuition and fees.
Was read the first time and referred to the Committee on Education.
SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
unclaimed property trust fund.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Appropriations.
SB 128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
elections.
Was read the first time and referred to the Committee on Local Government.
SB 130: FOR AN ACT ENTITLED, An Act to require the school board of each school
district to adopt a policy prohibiting bullying.
Was read the first time and referred to the Committee on Education.
SB 138: FOR AN ACT ENTITLED, An Act to revise the state aid to education formula
and to make an appropriation.
Was read the first time and referred to the Committee on State Affairs.
SB 139: FOR AN ACT ENTITLED, An Act to establish the Teach for America grant
program within the Department of Education and to make an appropriation therefor.
Was read the first time and referred to the Committee on Education.
SB 170: FOR AN ACT ENTITLED, An Act to provide for the enhancement of economic
development in South Dakota.
Was read the first time and referred to the Committee on State Affairs.
SB 187: FOR AN ACT ENTITLED, An Act to reformulate the legislative agency review
with an independent performance audit and to repeal certain provisions regarding the legislative
review of state agencies.
Was read the first time and referred to the Committee on State Affairs.
SB 188: FOR AN ACT ENTITLED, An Act to authorize the establishment, operation, and
control of research parks on lands controlled by the Board of Regents.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Appropriations.
SB 193: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2012 and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
personalized motor vehicle license plates.
Was read the second time.
Rep. Tornow requested that SB 107 be removed from the Consent Calendar.
Which request was granted.
SB 69: FOR AN ACT ENTITLED, An Act to repeal the sunset provision on certain
statutes relating to nursing homes on Indian reservations.
Was read the second time.
Rep. Greenfield requested that SB 69 be removed from the Consent Calendar.
Which request was granted.
SB 32: FOR AN ACT ENTITLED, An Act to revise the suitability requirements for
annuities.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 32 pass as amended?"
And the roll being called:
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; 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; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville;
Van Gerpen; Vanneman; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch
Excused:
Carson; Elliott; Venner; 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.
SB 50: FOR AN ACT ENTITLED, An Act to revise the permissible uses of the cigarette
fire safety standard act fund.
Was read the second time.
The question being "Shall SB 50 pass?"
And the roll being called:
Yeas 55, Nays 11, Excused 4, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert;
Feinstein; Gibson; Gosch; Greenfield; Hansen (Jon); Hawley; Hoffman; Hubbel; Hunhoff
(Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lucas;
Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema;
Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Boomgarden; Haggar; Hickey; Kopp; Miller; Olson (Betty); Rozum; Russell; Schaefer; Steele;
Verchio
Excused:
Carson; Elliott; Venner; Wink
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.
Was read the second time.
" Section 5. That § 33A-1-16 be amended to read as follows:
33A-1-16. The Department of Veterans Affairs shall cooperate with all national, state,
county, municipal, and private social agencies in securing to veterans, National Guard or
Reserve members, and their dependents the benefits provided by national, state, and county
laws, municipal ordinances, or public or private social agencies. To that end, the department
may hold schools of instruction for county and tribal veterans service officers, or call in for
instruction individual county or tribal veterans service officers if, in the judgment of the
Department of Veterans Affairs, the giving of such instructions or holding of such schools is in
the best interest of the work of the department. The department may pay the actual necessary
expenses of any such county service officer when attending such schools of instruction away
from the officer's home county, out of the funds appropriated for the administration of the
department. The expenses may be paid out only on duly itemized vouchers presented to the state
auditor and approved by the secretary of veterans affairs.
Section 6. There is hereby appropriated from the general fund the sum of one hundred sixty-seven thousand dollars ($167,000), or so much thereof as may be necessary, to the Department
of Veterans Affairs to be used for reimbursement of salary and expenses of veterans' service
officers in accordance with §§ 33A-1-16, 33A-1-30, and 33A-1-31.
Section 7. Any amounts appropriated in section 6 of this Act not lawfully expended or
obligated by June 30, 2013, shall revert in accordance with the procedures prescribed in chapter
4-8.".
Rep. Cronin moved that Rep. Kloucek's motion to amend SB 4 be laid on the table.
A roll call vote was requested and supported.
And the roll being called:
Yeas 43, Nays 22, Excused 5, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dryden; Fargen; Gosch;
Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Kirkeby; Kopp; Liss; Lust; Magstadt;
Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Schaefer; Scott; Sly; Solum; Steele; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio;
White; Wick; Willadsen; Speaker Rausch
Nays:
Blake; Dennert; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hunhoff (Bernie); Iron Cloud
III; Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Russell; Schrempp; Sigdestad;
Street; Stricherz; Tornow; Wismer
Excused:
Carson; Elliott; Jensen; Venner; Wink
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and the amendment was tabled.
The question being "Shall SB 4 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; 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; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville;
Van Gerpen; Vanneman; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch
Excused:
Carson; Elliott; Venner; Wink
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.
Was read the second time.
The question being "Shall SB 9 pass?"
And the roll being called:
Yeas 61, Nays 4, Excused 5, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hubbel;
Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek;
Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty);
Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele;
Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick;
Willadsen; Wismer; Speaker Rausch
Nays:
Hansen (Jon); Liss; Nelson (Stace); Tornow
Excused:
Carson; Elliott; Hoffman; Venner; Wink
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 36: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
Was read the second time.
The question being "Shall SB 36 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Excused:
Carson; Elliott; Gosch; Hoffman; Venner; Wink
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 38: FOR AN ACT ENTITLED, An Act to provide for the transfer of control of an
office building in Rapid City, to make an appropriation for the construction and renovation of
the office building, and to declare an emergency.
Was read the second time.
The question being "Shall SB 38 pass as amended?"
And the roll being called:
Yeas 57, Nays 8, Excused 5, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirkeby; Kirschman; Kloucek; Kopp;
Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz;
Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Jensen; Jones; Liss; Nelson (Stace); Russell; Steele; Tornow; Verchio
Excused:
Carson; Elliott; Hoffman; Venner; Wink
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.
Was read the second time.
The question being "Shall SB 45 pass?"
And the roll being called:
Yeas 49, Nays 16, Excused 5, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gosch; Haggar; Hawley; Hunhoff (Bernie); Hunt; Iron Cloud III;
Jones; Killer; Kirschman; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup
(David); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street;
Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wismer;
Speaker Rausch
Nays:
Gibson; Greenfield; Hansen (Jon); Hickey; Hubbel; Jensen; Kirkeby; Kloucek; Kopp; Liss;
Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Verchio
Excused:
Carson; Elliott; Hoffman; Venner; Wink
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 35: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations
and increase certain civil penalties regarding pipeline safety inspection.
Was read the second time.
The question being "Shall SB 35 pass?"
And the roll being called:
Yeas 55, Nays 8, Excused 7, Absent 0
Nays:
Hubbel; Kopp; Miller; Nelson (Stace); Russell; Steele; Tornow; Verchio
Excused:
Carson; Elliott; Hickey; Hoffman; Kloucek; Venner; 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.
SB 99: FOR AN ACT ENTITLED, An Act to prohibit certain licensees or employees of
a licensed establishment who have been charged with certain felony offenses from entering the
licensed premises and to provide a penalty therefor.
Was read the second time.
Rep. Hunt moved that SB 99 be deferred to Tuesday, February 21, the 24th legislative day.
Which motion prevailed.
SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcohol
or drug commitments.
Was read the second time.
The question being "Shall SB 14 pass?"
And the roll being called:
Yeas 59, Nays 4, Excused 7, Absent 0
Nays:
Hubbel; Liss; Nelson (Stace); Russell
Excused:
Abdallah; Carson; Cronin; Elliott; Hoffman; Venner; 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.
SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
treatment of persons with mental illness, including consent to treatment.
Was read the second time.
The question being "Shall SB 15 pass as amended?"
And the roll being called:
Yeas 54, Nays 10, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hunhoff
(Bernie); Hunt; Iron Cloud III; Jones; Kirkeby; Kirschman; Kopp; Lucas; Lust; Magstadt;
Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van
Gerpen; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Greenfield; Hubbel; Jensen; Killer; Liss; Miller; Nelson (Stace); Russell; Tornow; Verchio
Excused:
Carson; Elliott; Hoffman; Kloucek; Venner; 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.
Was read the second time.
The question being "Shall SB 23 pass as amended?"
And the roll being called:
Yeas 63, Nays 1, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Kirkeby; Kirschman; Kopp;
Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David);
Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly;
Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio;
White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Killer
Excused:
Carson; Elliott; Hoffman; Kloucek; Venner; Wink
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.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1154 was delivered
to his Excellency, the Governor, for his approval at 9:00 a.m., February 15, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1042 and 1043 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1042: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes relating
to the State Cement Plant Commission.
HB 1043: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
full-time equivalent staffing report.
SB 33: FOR AN ACT ENTITLED, An Act to revise the exemptions for insurance agent
examinations.
SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions and delete certain
obsolete provisions pertaining to the Department of Labor and Regulation.
SB 51: FOR AN ACT ENTITLED, An Act to eliminate an obsolete reference to the
Division of Commercial Inspection and Regulation.
And signed the same in the presence of the House.
HC 1021 Introduced by: Representatives Kloucek, Abdallah, Blake, Bolin, Dennert, Elliott,
Feickert, Feinstein, Gibson, Hawley, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jones,
Killer, Kirkeby, Kirschman, Lucas, Magstadt, Moser, Nelson (Stace), Perry, Rausch, Russell,
Schrempp, Sigdestad, Solum, Street, Stricherz, Turbiville, Van Gerpen, Verchio, and Wismer
and Senators Hundstad, Adelstein, Begalka, Bradford, Cutler, Frerichs, Fryslie, Holien, Hunhoff
(Jean), Maher, Nelson (Tom), Novstrup (Al), Nygaard, Putnam, Rampelberg, Rhoden, and
Sutton
for middle school students to think, write, and speak up for our country for freedom and
democracy. The Voice of Democracy theme for this year is: "Is There Pride In Serving Our
Military?" and the Patriot's Pen theme is: "Are You Proud of Your Country?"; and
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:39 p.m. the House adjourned.