The prayer was offered by the Chaplain, Pastor Mercy Hobbs, followed by the Pledge of
Allegiance led by House pages James Updike and Hannah Zylstra.
Roll Call: All members present except Reps. Elliott 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 twenty-fifth 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 169 and returns the same with the recommendation that said bill do
pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HCR 1012 and returns the same with the recommendation that said
resolution be adopted.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 160 which was tabled.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HCR 1013 which was deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration SB 75 and 101 and returns the same with the recommendation that said bills do
pass.
I have the honor to return herewith HB 1039, 1064, 1095, 1097, 1114, 1121, 1125, 1160,
1194, 1245, and 1229 which have passed the Senate without change.
I have the honor to return herewith HCR 1010 in which the Senate has concurred.
I have the honor to return herewith HB 1066, 1131, and 1227 which have been amended
by the Senate and your concurrence in the amendments is respectfully requested.
Rep. Deelstra moved that the House do concur in Senate amendments to HB 1263.
The question being on Rep. Deelstra's motion that the House do concur in Senate
amendments to HB 1263.
And the roll being called:
Yeas 65, Nays 0, Excused 5, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp;
Scott; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer
Excused:
Elliott; Greenfield; Miller; Stricherz; Speaker Rausch
SCR 6: A CONCURRENT RESOLUTION, Urging the government of Turkey to uphold
and safeguard religious and human rights and to respect the property rights and human rights
of the Ecumenical Patriarchate.
Rep. Hansen moved that SCR 6 as found on page 465 of the Senate Journal be concurred
in.
The question being on Rep. Hansen's motion that SCR 6 be concurred in.
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; Fargen; Feickert; Feinstein; Gibson; Gosch; 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; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Elliott; Greenfield; Stricherz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 6 was concurred in.
HCR 1014 Introduced by: Representatives Iron Cloud III, Abdallah, Blake, Dennert, Elliott,
Fargen, Feickert, Feinstein, Gibson, Hawley, Hickey, Hubbel, Hunhoff (Bernie), Hunt, Jones,
Killer, Kirkeby, Kirschman, Kloucek, Lucas, Lust, Moser, Nelson (Stace), Perry, Rausch,
Russell, Schrempp, Sigdestad, Solum, Street, Stricherz, Turbiville, Van Gerpen, Verchio, and
Wismer and Senators Bradford, Adelstein, Begalka, Frerichs, Holien, Juhnke, Lederman,
Maher, Nygaard, Olson (Russell), Putnam, Sutton, Tidemann, and Vehle
the Department of Veterans Affairs to reconsider its proposal and to maintain operations of its
facilities in Hot Springs; and
Was read the first time and the Speaker waived the committee referral.
HCR 1015 Introduced by: Representatives Nelson (Stace), Hickey, Hubbel, Jensen, Kopp,
Miller, Olson (Betty), Russell, Sigdestad, Steele, Tornow, Venner, and Verchio and Senators
Rampelberg, Adelstein, Begalka, Nelson (Tom), Putnam, and Rhoden
Was read the first time and the Speaker waived the committee referral.
HCR 1016 Introduced by: Representatives Cronin, Carson, Dennert, Fargen, Gosch,
Hoffman, Hunhoff (Bernie), Hunt, Lust, Moser, Rausch, Sly, Street, Vanneman, Wick, and Wink
and Senators Brown, Buhl, Gray, Haverly, Juhnke, Novstrup (Al), Olson (Russell), Schlekeway,
and Sutton
Was read the first time and the Speaker waived the committee referral.
HCR 1017 Introduced by: Representatives Hubbel, Bolin, Brunner, Cronin, Deelstra,
Greenfield, Haggar, Hansen (Jon), Hickey, Hoffman, Jensen, Kirkeby, Kopp, Liss, Miller,
Nelson (Stace), Olson (Betty), Russell, Schaefer, Steele, Stricherz, Tornow, Tulson, Venner,
Verchio, and Wick and Senators Lederman and Holien
Was read the first time and the Speaker waived the committee referral.
HCR 1018 Introduced by: Representatives Brunner, Blake, Boomgarden, Carson, Conzet,
Deelstra, Dennert, Fargen, Feickert, Feinstein, Gibson, Haggar, Hawley, Hickey, Hoffman,
Hubbel, Hunhoff (Bernie), Iron Cloud III, Jensen, Jones, Killer, Kirkeby, Kirschman, Kloucek,
Kopp, Liss, Lucas, Lust, Miller, Moser, Munsterman, Novstrup (David), Olson (Betty), Rausch,
Schaefer, Schrempp, Scott, Sigdestad, Sly, Solum, Steele, Stricherz, Turbiville, Vanneman,
Venner, Verchio, Wick, Willadsen, and Wismer and Senators Juhnke, Adelstein, Begalka,
Bradford, Buhl, Frerichs, Fryslie, Hansen (Tom), Holien, Hunhoff (Jean), Johnston, Kraus,
Novstrup (Al), Nygaard, Peters, Putnam, Sutton, Tidemann, Tieszen, and Vehle
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
Friday, February 24, the 27th legislative day.
Which motion prevailed.
Rep. Lust moved that the reports of the Standing Committees on
State Affairs on SB 123 as found on page 542 of the House Journal; also
State Affairs on SB 106 as found on page 543 of the House Journal; also
Education on SB 186 as found on page 544 of the House Journal be adopted.
Which motion prevailed.
SB 71: FOR AN ACT ENTITLED, An Act to modify the requirements relating to the
publication of the administrative rules.
Was read the second time.
The question being "Shall SB 71 pass?"
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; Fargen; Feickert; Feinstein; Gibson; Gosch; 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; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Elliott; Greenfield; 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.
SB 103: FOR AN ACT ENTITLED, An Act to revise the procedure for cooperatives giving
notice to persons whose records are missing regarding ownership of securities, apportionment
of equity interest, money, or property.
Was read the second time.
The question being "Shall SB 103 pass as amended?"
And the roll being called:
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; 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; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Elliott; Greenfield; 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.
SB 112: FOR AN ACT ENTITLED, An Act to remove the limitation on the number of
retail gaming licenses in Deadwood in which a person may have a financial interest.
Was read the second time.
Rep. Hickey requested that SB 112 be removed from the Consent Calendar.
Which request was granted.
SB 53: FOR AN ACT ENTITLED, An Act to permit the Department of Public Safety to
require certain accident reports to be filed by electronic means.
Was read the second time.
The question being "Shall SB 53 pass?"
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; Fargen; Feickert; Feinstein; Gibson; Gosch; 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; 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.
Rep. Cronin moved that SB 127 be placed to follow SB 156 on today's calendar.
Which motion prevailed.
SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2012.
Was read the second time.
A roll call vote was requested and supported.
The question being on Rep. Wismer's motion that SB 48 be amended.
And the roll being called:
Yeas 21, Nays 46, Excused 3, Absent 0
Yeas:
Blake; Dennert; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hunhoff (Bernie); Iron
Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Russell; Schrempp;
Sigdestad; Street; Wismer
Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch;
Haggar; Hansen (Jon); Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp; Liss; Lust; Magstadt;
Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Schaefer; Scott; Sly; Solum; Steele; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
So the motion not having received an affirmative vote of a majority of the members present,
the Speaker declared the motion lost.
A roll call vote was requested and supported.
The question being on Rep. Hunhoff's motion that SB 48 be amended.
And the roll being called:
Yeas 26, Nays 41, Excused 3, Absent 0
Yeas:
Blake; Dennert; Feickert; Feinstein; Gibson; Hansen (Jon); Hawley; Hubbel; Hunhoff (Bernie);
Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Nelson (Stace); Russell;
Schrempp; Sigdestad; Steele; Street; Tornow; Venner; Wismer
Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Fargen;
Gosch; Haggar; Hickey; Hoffman; Hunt; Jensen; Kirkeby; Lust; Magstadt; Miller; Moser;
Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sly;
Solum; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick; Willadsen; Wink;
Speaker Rausch
Excused:
Elliott; Greenfield; Stricherz
So the motion not having received an affirmative vote of a majority of the members present,
the Speaker declared the motion lost.
" Section 20. That section 16 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
DEPARTMENT OF VETERANS' AFFAIRS
(1) Veterans' Benefits and Services
Operating Expenses, General Funds, delete "$159,991" and insert "$ 326,991"
Adjust all totals accordingly.".
Rep. Willadsen moved that Rep. Nelson's motion to amend SB 48 be laid on the table.
Rep. Willadsen's motion prevailed.
The question being "Shall SB 48 pass as amended?"
And the roll being called:
Yeas 48, Nays 17, Excused 5, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Fargen; Feickert; Gibson; Gosch; Haggar; Hawley; Hickey; Hoffman; Hunt; Kirkeby;
Kopp; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Street; Tulson; Turbiville; Van Gerpen;
Vanneman; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Feinstein; Hansen (Jon); Hubbel; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman;
Kloucek; Liss; Lucas; Miller; Nelson (Stace); Russell; Schrempp; Steele; Tornow
Excused:
Elliott; Greenfield; Jensen; Stricherz; Venner
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. Cronin moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Dennert's motion that SB 192 be amended.
And the roll being called:
Yeas 37, Nays 30, Excused 3, Absent 0
Yeas:
Blake; Bolin; Deelstra; Dennert; Fargen; Feickert; Feinstein; Gibson; Hansen (Jon); Hawley;
Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirschman; Kloucek;
Kopp; Liss; Lucas; Miller; Nelson (Stace); Olson (Betty); Russell; Schaefer; Schrempp;
Sigdestad; Solum; Steele; Street; Tornow; Tulson; Van Gerpen; Venner; Wismer
Nays:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Haggar; Hoffman;
Hunt; Kirkeby; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Perry; Romkema;
Rozum; Scott; Sly; Turbiville; Vanneman; Verchio; White; Wick; Willadsen; Wink; Speaker
Rausch
Excused:
Elliott; Greenfield; Stricherz
Rep. Wink moved that SB 192 be deferred to Friday, February 24, the 27th legislative day.
Rep. Lucas called for a division of the House.
The Speaker declared Rep. Wink's motion prevailed.
SB 194: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds
for elderly persons and persons with a disability, to revise the income eligibility requirements for
property tax and sales tax refunds, and to declare an emergency.
Was read the second time.
The question being "Shall SB 194 pass?"
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; Fargen; Feickert; Feinstein; Gibson; Gosch; 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; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Elliott; Greenfield; Stricherz
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 195: 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, to authorize the construction and establish the state cost share for the Belle Fourche
irrigation upgrade project, and to declare an emergency.
Was read the second time.
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; 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; 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; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Abdallah; Elliott; Kirkeby; Stricherz
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 191: FOR AN ACT ENTITLED, An Act to provide for authorization to offer
postsecondary education services in South Dakota.
Was read the second time.
The question being "Shall SB 191 pass as amended?"
And the roll being called:
Yeas 64, Nays 2, Excused 4, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; 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; Kirschman;
Kloucek; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup
(David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly;
Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio;
White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Kopp; Russell
Excused:
Abdallah; Elliott; Kirkeby; Stricherz
SB 108: FOR AN ACT ENTITLED, An Act to revise the maximum bet limit for Deadwood
gaming.
Was read the second time.
Rep. Cronin moved the previous question.
Which motion prevailed.
The question being "Shall SB 108 pass?"
And the roll being called:
Yeas 39, Nays 29, Excused 2, Absent 0
Yeas:
Abdallah; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feinstein;
Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hoffman; Jones; Killer; Kirkeby; Kirschman;
Liss; Lust; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Sigdestad;
Solum; Street; Tornow; Tulson; Turbiville; Vanneman; White; Willadsen; Wink; Speaker
Rausch
Nays:
Blake; Bolin; Brunner; Feickert; Gibson; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud
III; Jensen; Kloucek; Kopp; Lucas; Magstadt; Miller; Moser; Nelson (Stace); Russell; Schaefer;
Schrempp; Scott; Sly; Steele; Van Gerpen; Venner; Verchio; Wick; Wismer
Excused:
Elliott; 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.
SB 157: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to outdoor
advertising signs.
Was read the second time.
Rep. Cronin moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Jensen's motion that SB 157 be amended.
And the roll being called:
Yeas 30, Nays 38, Excused 2, Absent 0
Yeas:
Abdallah; Brunner; Conzet; Dryden; Gosch; Haggar; Hickey; Hoffman; Hubbel; Hunhoff
(Bernie); Hunt; Jensen; Killer; Kirkeby; Kloucek; Kopp; Lust; Miller; Moser; Olson (Betty);
Romkema; Sly; Steele; Tornow; Turbiville; Van Gerpen; Venner; Verchio; White; Wink
Nays:
Blake; Bolin; Boomgarden; Carson; Cronin; Deelstra; Dennert; Fargen; Feickert; Feinstein;
Gibson; Greenfield; Hansen (Jon); Hawley; Iron Cloud III; Jones; Kirschman; Liss; Lucas;
Magstadt; Munsterman; Nelson (Stace); Novstrup (David); Perry; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Solum; Street; Tulson; Vanneman; Wick; Willadsen; Wismer;
Speaker Rausch
Excused:
Elliott; Stricherz
So the motion not having received an affirmative vote of a majority of the members present,
the Speaker declared the motion lost.
" Section 2. That § 31-29-69 be amended to read as follows:
31-29-69. Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes any local authority to
prohibit outdoor advertising throughout its jurisdiction. However, any such local authority may
regulate and control outdoor advertising if the regulation and control shall be is reasonable and
reasonably related to the needs of the business community to adequately and properly advertise
its goods and services of benefit to the traveling public. No local authority may impose
regulations on advertising technology that are more stringent than the standards and criteria
provided in § 31-29-66. ".
A roll call vote was requested and supported.
The question being on Rep. Kirkeby's motion that SB 157 be amended.
And the roll being called:
Yeas 34, Nays 33, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Brunner; Conzet; Dennert; Dryden; Gosch; Haggar; Hickey; Hoffman; Hubbel;
Hunhoff (Bernie); Jensen; Killer; Kirkeby; Kloucek; Kopp; Lust; Magstadt; Miller; Moser;
Olson (Betty); Romkema; Sly; Steele; Tornow; Turbiville; Van Gerpen; Vanneman; Venner;
Verchio; White; Wink; Wismer
Nays:
Bolin; Boomgarden; Carson; Cronin; Deelstra; Fargen; Feickert; Feinstein; Greenfield; Hansen
(Jon); Hawley; Hunt; Iron Cloud III; Jones; Kirschman; Liss; Lucas; Munsterman; Nelson
(Stace); Novstrup (David); Perry; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad;
Solum; Street; Tulson; Wick; Willadsen; Speaker Rausch
Excused:
Elliott; Gibson; Stricherz
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried, and SB 157 was so amended.
And the roll being called:
Yeas 61, Nays 7, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp;
Lucas; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street;
Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Conzet; Gosch; Hubbel; Iron Cloud III; Liss; Lust; Miller
Excused:
Elliott; 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.
SB 68: FOR AN ACT ENTITLED, An Act to provide that no statute of limitations applies
to certain rape offenses.
Was read the second time.
"degree, which is a Class 3 felony. Notwithstanding the provisions of § 23A-42-2 a charge
brought pursuant to subdivisions (1), (2), or (3) of this section may be commenced at any time
prior to the time the victim becomes age twenty-five thirty-five or within seven fifteen years of
the commission of the crime, whichever is longer. Otherwise a charge brought pursuant to this
section may be commenced at any time prior to the time the victim becomes of age twenty-five
or within seven years of the commission of the crime, whichever is longer.".
The Speaker, being in doubt of the voice vote, called for a division of the House.
The question being "Shall SB 68 pass as amended?"
And the roll being called:
Yeas 56, Nays 10, Excused 4, Absent 0
Yeas:
Abdallah; Blake; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert;
Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie);
Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt;
Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen;
Vanneman; White; Wick; Willadsen; Wink; Wismer
Nays:
Bolin; Boomgarden; Hubbel; Hunt; Jensen; Russell; Tornow; Venner; Verchio; Speaker Rausch
Excused:
Elliott; Greenfield; 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.
SB 78: FOR AN ACT ENTITLED, An Act to allow an arrest to be expunged when the
criminal case is dismissed.
Was read the second time.
The question being "Shall SB 78 pass as amended?"
And the roll being called:
Yeas 63, Nays 0, Excused 7, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman;
Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup
(David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly;
Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio;
White; 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 156: FOR AN ACT ENTITLED, An Act to establish strangulation as one element of
the crime of aggravated assault.
Was read the second time.
The question being "Shall SB 156 pass as amended?"
And the roll being called:
Yeas 63, Nays 2, Excused 5, Absent 0
Yeas:
Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert;
Feinstein; Gibson; Gosch; 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; Scott; Sigdestad; Sly; Solum; Steele;
Street; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen;
Wink; Wismer; Speaker Rausch
Nays:
Boomgarden; Tornow
Excused:
Abdallah; Elliott; Greenfield; 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 127 be deferred to Friday, February 24, the 27th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 99 and has appointed Sens. Hansen, Nygaard, and Bradford 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.
The Speaker appointed Reps. White, Gibson, and Sigdestad as a committee of three on the
part of the House to meet with a like committee on the part of the Senate to adjust the differences
between the two houses on SB 99.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1019, 1031, 1032,
1116, 1162, 1163, 1172, 1173, and 1233 were delivered to his Excellency, the Governor, for his
approval at 9:50 a.m., February 23, 2012.
The Committee on Legislative Procedure respectfully reports that HJR 1002 was delivered
to his Excellency, the Secretary of State, for filing at 9:50 a.m., February 23, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1039, 1064, 1071, 1095, 1097, 1114, 1121, 1125,
1160, 1194, 1229, and 1245 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1039: FOR AN ACT ENTITLED, An Act to exempt certain impaired driving violations
from the statutory limitation on enhanced penalties for second, third, or subsequent violations.
HB 1064: FOR AN ACT ENTITLED, An Act to allow the Supreme Court to establish
certain rules for the use of interactive audio visual equipment and to provide for the collection
and deposit of fees for the use thereof.
HB 1071: FOR AN ACT ENTITLED, An Act to increase the benefits that the Insurance
Guarantee Association may become obligated to cover for annuities, to provide for retroactive
application, and to declare an emergency.
HB 1095: FOR AN ACT ENTITLED, An Act to revise the procedure for the discharge of
civil judgments against a person who has received a discharge of debt pursuant to the United
States Code, Title 11.
HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regulating the
investment of unneeded state operating expenses in banks.
HB 1114: FOR AN ACT ENTITLED, An Act to amend provision limiting the time used
to determine if a violation is a third or subsequent offense.
HB 1121: FOR AN ACT ENTITLED, An Act to amend rate stability provisions to include
plant additions.
HB 1125: FOR AN ACT ENTITLED, An Act to clarify the definition of engaging in
business in certain circumstances.
HB 1160: FOR AN ACT ENTITLED, An Act to provide for the award of filing fees as
court costs in certain appeals.
HB 1194: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
payment for rape and sexual offense examinations.
HB 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
suspension of a driver license for certain alcoholic beverage violations.
SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
calculation of state aid to special education.
SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
reunification and termination of parental rights.
SB 20: FOR AN ACT ENTITLED, An Act to allow returns and return information to be
disclosed to officers, employees, and legal representatives of the Office of the Attorney General
and other state agencies and departments.
SB 29: FOR AN ACT ENTITLED, An Act to authorize the establishment of a designated
Roth contribution program within the state deferred compensation plan.
SB 30: FOR AN ACT ENTITLED, An Act to allow for the development of an alternative
benefit enhancement methodology within the South Dakota Retirement System.
SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South
Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota
special pay retirement program.
SB 58: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning elections
conducted at voting centers and to declare an emergency.
SB 62: FOR AN ACT ENTITLED, An Act to allow certain alcoholic beverage licensees
to charge a corkage fee for serving wine supplied by customers and to allow customers to remove
a partially consumed bottle of wine from certain alcoholic beverage licensees.
SB 65: FOR AN ACT ENTITLED, An Act to revise the list of products offered to
consumers by motor vehicle dealers and sales finance companies.
SB 66: FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with
the secretary of state by electronic means and to remove the notary requirements.
SB 67: FOR AN ACT ENTITLED, An Act to provide provisions that all documents filed
with and maintained by the Office of the Secretary of State may be filed electronically.
SB 73: FOR AN ACT ENTITLED, An Act to repeal the provisions regarding the
assessment of real property located in a floodplain.
SB 81: FOR AN ACT ENTITLED, An Act to provide for a special license plate for certain
persons on active duty in the military.
SB 87: FOR AN ACT ENTITLED, An Act to allow military spouses to receive
unemployment compensation if they leave their jobs due to a spouse's military transfer.
SB 93: FOR AN ACT ENTITLED, An Act to provide for the withdrawal of referred
measures in certain circumstances.
SB 100: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive
payment to include qualified producers of biobutanol.
SB 111: FOR AN ACT ENTITLED, An Act to revise the mining permit fees.
SB 113: FOR AN ACT ENTITLED, An Act to provide for special motor vehicle license
plates for recipients of the silver star medal, distinguished service cross, navy cross, air force
cross, distinguished flying cross, bronze star medal with valor device, or the bronze star medal.
SB 116: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
township road system.
And signed the same in the presence of the House.
HC 1022 Introduced by: Representatives Fargen, Abdallah, Blake, Bolin, Boomgarden,
Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Feickert, Feinstein, Gibson, Gosch,
Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt,
Jensen, Jones, Kirkeby, Kirschman, Kopp, Lucas, Lust, Moser, Munsterman, Nelson (Stace),
Novstrup (David), Olson (Betty), Perry, Romkema, Rozum, Russell, Schaefer, Scott, Sigdestad,
Solum, Steele, Street, Stricherz, Tornow, Tulson, Van Gerpen, Vanneman, Venner, Verchio,
Willadsen, Wink, and Wismer and Senators Olson (Russell), Adelstein, Begalka, Bradford,
Brown, Buhl, Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Holien, Hunhoff (Jean), Juhnke,
Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg,
Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle
Dakota's 1958 NCAA Division II basketball team. Furthermore, Roger actively participated in
sports throughout his life; and
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
5:29 p.m. the House adjourned.