The prayer was offered by the Chaplain, Father Michael Griffin, followed by the Pledge
of Allegiance led by House pages Vanessa Cortes and Makenzie Hageman.
Roll Call: All members present except Rep. Stricherz who was 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-seventh 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. Kloucek introduced the Tabor Czech Days Royalty: Queen Emily Manas, Princess
Jenna Lammers, and Prince Matthew Schaeffer.
Rep. Wismer introduced Courtney Peterson of Sisseton, the 2012 Miss Rodeo South
Dakota.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 49 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 187 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1016 and returns the same with the recommendation that said resolution be amended as
follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 138 which was tabled.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1017 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration SB 80
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
SB 130 and returns the same with the recommendation that said bill be amended as follows:
Section 2. Bullying is a pattern of repeated conduct that causes physical hurt or
psychological distress on one or more students that may include threats, intimidation, stalking
as defined in chapter 22-19A, physical violence, theft, destruction of property, any threatening
use of data or computer software, written or verbal communication, or conduct directed against
a student that:
Section 3. Each school district policy developed pursuant to this Act may contain the
following provisions:
Section 6. The model bullying policy pursuant to this Act is as follows:
PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING
The Committee on Appropriations respectfully reports that it has had under consideration
SB 77 and returns the same with the recommendation that said bill be amended as follows:
Section 2. Terms used in this Act mean:
Section 4. To be eligible for a Dakota Tech scholarship a person shall:
Section 7. If a person has been awarded a Dakota Tech scholarship, the department shall pay
the postsecondary technical institute at which the person is enrolled the amount of five thousand
dollars, to be deducted from the person 's tuition and fees over the duration of the person's
course of study. The amount of the scholarship constitutes an obligation owed by the person to
the department, which may be discharged as provided in sections 8 to 11, inclusive, of this Act.
Section 8. A person who has received a Dakota Tech scholarship is not required to repay any
part of the scholarship if within six months of earning an eligible technical degree the person
begins employment and is continuously employed in South Dakota for a period of forty-eight
consecutive months in an area of critical need. A course of study and corresponding
employment or occupation that was deemed an area of critical need at the time of the person's
scholarship award remains an area of critical need for the duration of the person's course of
study and for the forty-eight month employment period for purposes of determining any
repayment obligation that the person may incur.
Section 9. If a person who has received a Dakota Tech scholarship does not maintain
eligibility as specified in section 5 of this Act, the person shall reimburse the department the
amount of the scholarship paid on behalf of the person, according to a repayment schedule set
by the department in rules promulgated pursuant to chapter 1-26.
Section 10. If a person who has received a Dakota Tech scholarship does not meet the
requirement in section 8 of this Act, the person shall reimburse the department the amount of
the scholarship paid on behalf of the person, according to a repayment schedule set by the
department in rules promulgated pursuant to chapter 1-26. The amount of repayment shall be
based on the ratio of forty-eight months minus the number of months a person was continuously
employed in an area of critical need to forty-eight months.
Section 11. If a person who has received a Dakota Tech scholarship is unable to maintain
eligibility or remain employed in an area of critical need for forty-eight consecutive months due
to factors outside the control of the person, the department may waive or delay the eligibility
or repayment provisions of this Act.
Section 13. The Dakota Tech scholarship fund is hereby established as a separate fund in
the state treasury to be administered by the Department of Labor and Regulation. Money in the
fund shall be used to implement the Dakota Tech scholarship program established pursuant to
this Act. Money may enter the fund through legislative appropriations, fees, contributions,
donations, grants, loans, interest received on money in the fund, and any other lawful public or
private source. Money in the fund shall be appropriated by the Legislature through the normal
budget process. Any expenditure from the fund shall be paid on warrants drawn by the state
auditor on vouchers approved by the secretary of the Department of Labor and Regulation.
Section 14. The Department of Labor and Regulation shall promulgate rules, pursuant to
chapter 1-26, to implement the Dakota Tech scholarship program. The rules shall define
occupations and geographical areas as areas of critical need, establish procedures for the
awarding and acceptance of scholarships, establish requirements and guidelines to be followed
by the department in implementing the program, establish criteria for monitoring the academic
and occupational status of persons who have received a scholarship, establish financial need
criteria, establish repayment schedules, and establish other procedures and requirements
necessary for the implementation of the scholarship program.
Section 15. There is hereby appropriated from the general fund the sum of one hundred
dollars ($100), or so much thereof as may be necessary, to the Department of Labor and
Regulation to be deposited into the Dakota Tech scholarship fund and made available, beginning
on the effective date of this Act, to fund scholarships under the Dakota Tech scholarship
program as provided in this Act. This appropriation may be used only for the funding of
scholarships under the program. Administrative costs and other costs incurred in the
implementation of the program may be met only through the use of funds from sources other
than this appropriation.
Section 16. The secretary of the Department of Labor and Regulation shall approve vouchers
and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 17. Any amounts appropriated in this Act not lawfully expended or obligated by
June 30, 2013, shall revert in accordance with the procedures prescribed in chapter 4-8."
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 139 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 193 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration SB 146
and 148 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB 141
and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 149
and returns the same with the recommendation that said bill be amended as follows:
" Section 2. That § 25-10-40 be amended to read as follows:
25-10-40. No police officer or sheriff may release a person charged with assaulting a family
or household member, as defined in subdivision 25-10-1(2), or violating a protection order, as
provided for in this chapter, without providing notice to a committing magistrate judge or circuit
court. A committing magistrate judge or circuit court shall determine if bond or other conditions
of release are necessary for the protection of the alleged victim.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 183
and returns the same with the recommendation that said bill be amended as follows:
The Conference Committee respectfully reports that it has considered SB 99 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do concur with the House amendments.
Respectfully submitted, Respectfully submitted,
Jim White Tom Hansen
House Committee Chair Senate Committee Chair
I have the honor to return herewith HB 1052, 1107, 1138, 1182, 1187, 1269, and 1270
which have passed the Senate without change.
I have the honor to return herewith HCR 1009 in which the Senate has concurred.
I have the honor to return herewith HB 1196 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
Rep. Lust moved that the House do concur in Senate amendments to HB 1059.
The question being on Rep. Lust's motion that the House do concur in Senate amendments
to HB 1059.
And the roll being called:
Yeas 64, Nays 3, Excused 3, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feickert; Feinstein; 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; Schaefer; Schrempp; Scott;
Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Nays:
Gibson; Lucas; Wismer
Excused:
Blake; Russell; Stricherz
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Nelson moved that the House do concur in Senate amendments to HB 1230.
The question being on Rep. Nelson's motion that the House do concur in Senate
amendments to HB 1230.
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Nays:
Dennert; Vanneman
Excused:
Russell; Stricherz
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 when we adjourn today, we adjourn to convene at 1:00 p.m. on
Tuesday, February 28, the 29th legislative day.
Which motion prevailed.
Rep. Lust moved that the reports of the Standing Committees on
Education on SB 25 as found on page 595 of the House Journal; also
State Affairs on SB 162 as found on pages 595 to 598 of the House Journal; also
State Affairs on SB 161 as found on page 598 of the House Journal; also
Commerce and Energy on SB 170 as found on pages 610 to 614 of the House Journal; also
Judiciary on SB 43 as found on page 614 of the House Journal; also
Judiciary on SB 91 as found on pages 614 and 615 of the House Journal be adopted.
Which motion prevailed.
SB 145: FOR AN ACT ENTITLED, An Act to prohibit rebates and regulate contracts for
residential roofing goods and services.
Was read the second time.
The question being "Shall SB 145 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, 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;
Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Tornow
Excused:
Russell; 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 158: FOR AN ACT ENTITLED, An Act to create an exception to the loan or credit
limitations of state chartered banks.
Was read the second time.
The question being "Shall SB 158 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Nays:
Tornow
Excused:
Russell; 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 174: FOR AN ACT ENTITLED, An Act to increase the 911 emergency surcharge, to
revise the collection and distribution of the surcharge revenue, to provide for point of sale
collection of the prepaid wireless 911 emergency surcharge, and to provide funding for the
upgrade of 911 emergency services.
Was read the second time.
The question being "Shall SB 174 pass as amended?"
And the roll being called:
Yeas 65, Nays 4, 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; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; 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:
Hubbel; Jensen; Nelson (Stace); Russell
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 169: FOR AN ACT ENTITLED, An Act to establish the Regional Watershed Advisory
Task Force.
Was read the second time.
The question being "Shall SB 169 pass as amended?"
And the roll being called:
Yeas 65, Nays 4, 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; Jones; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott;
Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Jensen; Nelson (Stace); Russell; Venner
Excused:
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 75: FOR AN ACT ENTITLED, An Act to revise the determination of fees that may be
charged for certain public records.
Was read the second time.
The question being "Shall SB 75 pass as amended?"
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden;
Elliott; 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; 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
Nays:
Dennert; Kopp
Excused:
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 101: FOR AN ACT ENTITLED, An Act to authorize counties to borrow money using
promissory notes.
Was read the second time.
The question being "Shall SB 101 pass as amended?"
And the roll being called:
Yeas 46, Nays 23, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden;
Fargen; Feinstein; Gosch; Haggar; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III;
Jones; Kirkeby; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty);
Perry; Romkema; Rozum; Scott; Sigdestad; Sly; Solum; Street; Tulson; Turbiville; Vanneman;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Dennert; Elliott; Feickert; Gibson; Greenfield; Hansen (Jon); Hickey; Hubbel; Jensen; Killer;
Kirschman; Kloucek; Kopp; Liss; Miller; Nelson (Stace); Russell; Schaefer; Schrempp; Steele;
Tornow; Van Gerpen; Venner
Excused:
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 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 second time.
The question being "Shall SB 188 pass as amended?"
And the roll being called:
Yeas 65, Nays 3, Excused 2, Absent 0
Nays:
Munsterman; Nelson (Stace); Russell
Excused:
Hubbel; 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 10: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
boating while under the influence.
Was read the second time.
"
The Speaker, being in doubt of the voice vote, called for a division of the House.
The Speaker declared Rep. Tornow's motion lost.
Which motion prevailed.
The question being "Shall SB 10 pass as amended?"
And the roll being called:
Yeas 45, Nays 24, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Deelstra; Dennert; Dryden; Feickert; Feinstein;
Gibson; Haggar; Hawley; Hoffman; Hunt; Iron Cloud III; Jones; Killer; Kirschman; Kloucek;
Kopp; Lucas; Lust; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Russell;
Schaefer; Schrempp; Scott; Sigdestad; Sly; Street; Turbiville; Van Gerpen; Vanneman; Verchio;
White; Wick; Willadsen; Wink; Wismer
Nays:
Boomgarden; Conzet; Cronin; Elliott; Fargen; Gosch; Greenfield; Hansen (Jon); Hickey;
Hubbel; Hunhoff (Bernie); Jensen; Kirkeby; Liss; Magstadt; Nelson (Stace); Olson (Betty);
Rozum; Solum; Steele; Tornow; Tulson; Venner; Speaker Rausch
Excused:
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.
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 concurred in House
amendments to SB 106 and 123.
The Committee on Legislative Procedure respectfully reports that HB 1039, 1064, 1071,
1095, 1097, 1114, 1121, 1125, 1160, 1194, 1229, and 1245 were delivered to his Excellency,
the Governor, for his approval at 9:40 a.m., February 27, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1052, 1066, 1107, 1131, 1138, 1182, 1187, 1227,
1269, and 1270 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1052: FOR AN ACT ENTITLED, An Act to grant discretion to the court with regard
to personal appearances in certain adoption appearances.
HB 1066: FOR AN ACT ENTITLED, An Act to allow for the cremation of deceased
persons who are indigent and the funeral expenses are the financial responsibility of the county.
HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
bonding authority of the South Dakota Conservancy District.
HB 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
posting of public notice for meetings of public bodies.
HB 1138: FOR AN ACT ENTITLED, An Act to declare that any person who maintains
or provides roll-your-own cigarette machines at retail establishments are cigarette
manufacturers.
HB 1182: FOR AN ACT ENTITLED, An Act to revise the filing deadlines for the
nomination of certain independent candidates.
HB 1187: FOR AN ACT ENTITLED, An Act to exempt health care sharing ministries
from the provisions of the health insurance code.
HB 1269: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs
related to disasters and to pine beetle suppression and to declare an emergency.
HB 1270: FOR AN ACT ENTITLED, An Act to revise the time period for which
unclaimed property is presumed abandoned and to revise certain provisions regarding the
publication notice of unclaimed property.
SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2012.
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.
SB 68: FOR AN ACT ENTITLED, An Act to provide that no statute of limitations applies
to certain rape offenses.
SB 71: FOR AN ACT ENTITLED, An Act to modify the requirements relating to the
publication of the administrative rules.
SB 78: FOR AN ACT ENTITLED, An Act to allow an arrest to be expunged when the
criminal case is dismissed.
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.
SB 108: FOR AN ACT ENTITLED, An Act to revise the maximum bet limit for
Deadwood gaming.
SB 156: FOR AN ACT ENTITLED, An Act to establish strangulation as one element of
the crime of aggravated assault.
SB 191: FOR AN ACT ENTITLED, An Act to provide for authorization to offer
postsecondary education services in South Dakota.
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.
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.
HC 1023 Introduced by: Representatives Kloucek, Blake, Brunner, Cronin, Dennert,
Elliott, Gibson, Greenfield, Haggar, Hansen (Jon), Hawley, Iron Cloud III, Magstadt, Miller,
Perry, Romkema, Tornow, Tulson, Wick, and Wink and Senators Putnam, Begalka, Brown,
Buhl, Frerichs, Fryslie, Gray, Haverly, Hunhoff (Jean), Juhnke, Krebs, Olson (Russell), Rave,
Sutton, Tidemann, and Tieszen
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
4:09 p.m. the House adjourned.