The prayer was offered by the Chaplain, Pastor Sarah Goldhammer, followed by the Pledge
of Allegiance led by House pages Drew Dennert and Ruth Latterell.
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 thirtieth 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 February 29, 2012, I approved House Bills 1019,
1031, 1032, 1047, 1050, 1063, 1065, 1162, 1163, 1172, 1173, and 1233, and the same have
been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Conference Committee respectfully reports that it has considered SB 141 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 141 be amended as follows:
"or bodily injury, or the infliction of fear of imminent physical harm or bodily injury between
family or household members, or a pattern of abusive behaviors by persons in an intimate
relationship such as marriage, dating, or cohabitation. Any violation of § 25-10-13 or chapter
22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse
if the underlying criminal act is committed between family or household members or persons
in an intimate relationship;".
The Conference Committee respectfully reports that it has considered SB 193 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do not concur with the House amendments to SB 193 and do
appoint a new committee.
Respectfully submitted, Respectfully submitted,
David Lust Larry Tidemann
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered SB 183 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 183 be amended as follows:
The House proceeded to the reconsideration of HB 1116 pursuant to the veto of the
Governor and the veto message found on page 687 of the House Journal as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall HB 1116 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 68, Nays 2, 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;
Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; 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; Venner; Verchio; White; Wick; Wink; Wismer;
Speaker Rausch
Nays:
Lust; Willadsen
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed, the veto of the Governor notwithstanding.
Rep. Solum moved that the House do concur in Senate amendments to HB 1228.
The question being on Rep. Solum's motion that the House do concur in Senate
amendments to HB 1228.
And the roll being called:
Yeas 52, Nays 16, Excused 2, Absent 0
Nays:
Blake; Elliott; Fargen; Hansen (Jon); Hunhoff (Bernie); Iron Cloud III; Jones; Killer;
Kirschman; Kloucek; Lucas; Lust; Schrempp; Tornow; Verchio; Wismer
Excused:
Feinstein; Moser
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 Speaker appointed Reps. Gosch, Cronin, and Fargen as a new 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 77.
There being no objection, the House proceeded to Order of Business No. 9.
Speaker Pro tempore Gosch now presiding.
Rep. Rausch moved that the report of the Conference Committee on SB 157 as found on
pages 676 and 677 of the House Journal be adopted.
Rep. Kirkeby moved as a substitute motion that the House do not adopt the report of the
Conference Committee on SB 157 as found on page 676 and 677 of the House Journal and do
not appoint a new committee.
The question being on Rep. Kirkeby's substitute motion to not adopt the report of the
Conference Committee on SB 157 and to not appoint a new committee.
And the roll being called:
Yeas:
Brunner; Conzet; Dryden; Gosch; Hickey; Hubbel; Hunhoff (Bernie); Jensen; Killer; Kirkeby;
Kloucek; Kopp; Liss; Lust; Miller; Olson (Betty); Romkema; Russell; Sly; Steele; Stricherz;
Turbiville; Van Gerpen; Venner; Verchio; Wink
Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Cronin; Deelstra; Elliott; Fargen; Feickert;
Feinstein; Gibson; Greenfield; Haggar; Hansen (Jon); Hawley; Hoffman; Hunt; Iron Cloud III;
Jones; Kirschman; Lucas; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David);
Perry; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Solum; Street; Tornow; Tulson;
Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch
Excused:
Dennert
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
The question being on Rep. Rausch's motion that the report of the Conference Committee
on SB 157 be adopted.
And the roll being called:
Yeas 42, Nays 27, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Cronin; Deelstra; Elliott; Fargen; Feickert;
Feinstein; Gibson; Greenfield; Haggar; Hansen (Jon); Hawley; Hoffman; Hunt; Jones;
Kirschman; Kloucek; Lucas; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David);
Perry; Rozum; Schaefer; Scott; Sigdestad; Solum; Street; Tornow; Tulson; Vanneman; White;
Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Brunner; Conzet; Dryden; Gosch; Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen;
Killer; Kirkeby; Kopp; Liss; Lust; Miller; Olson (Betty); Romkema; Russell; Schrempp; Sly;
Steele; Stricherz; Turbiville; Van Gerpen; Venner; Verchio; Wink
Excused:
Dennert
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 House reconvened at 2:00 p.m., the Speaker Pro tempore presiding.
There being no objection, the House reverted to Order of Business No. 6.
The Conference Committee respectfully reports that it has considered SB 91 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 91 be amended as follows:
I have the honor to return herewith HCR 1016 in which the Senate has concurred.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 25.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on SB 91.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on SB 183.
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on SB 193 and no new committee was appointed.
Rep. Wink moved that the House do concur in Senate amendments to HB 1137.
Rep. Brunner moved as a substitute motion that the House do not concur in Senate
amendments to HB 1137 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.
A roll call vote was requested and supported.
The question being on Rep. Brunner's substitute motion that the House do not concur in
Senate amendments to HB 1137 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.
And the roll being called:
Yeas 15, Nays 52, Excused 3, Absent 0
Yeas:
Boomgarden; Brunner; Hubbel; Kirkeby; Kopp; Lucas; Miller; Nelson (Stace); Olson (Betty);
Russell; Steele; Tornow; Van Gerpen; Venner; Wick
Excused:
Feickert; Hansen (Jon); Sly
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question being on Rep. Wink's motion that the House do concur in Senate amendments
to HB 1137.
And the roll being called:
Yeas 61, Nays 6, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hoffman;
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; Solum; Steele;
Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Brunner; Hubbel; Lucas; Russell; Tornow; Wick
Excused:
Feickert; Hansen (Jon); Sly
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. Hunt moved that the consideration of the Conference Committee report on SB 141
be placed to follow SB 183 on today's calendar.
Which motion prevailed.
Rep. Boomgarden moved that the report of the Conference Committee on SB 183 as found
on page 709 of the House Journal be adopted.
The question being on Rep. Boomgarden's motion that the report of the Conference
Committee on SB 183 be adopted.
And the roll being called:
Yeas 65, Nays 2, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup
(David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott;
Sigdestad; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Nelson (Stace); Tornow
Excused:
Feickert; Hansen (Jon); Sly
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.
Rep. Rozum moved that the report of the Conference Committee on SB 141 as found on
page 708 of the House Journal be adopted.
Rep. Hunt moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 141 as found on page 708 of the House Journal and do not appoint a new committee.
And the roll being called:
Yeas 39, Nays 25, Excused 6, Absent 0
Yeas:
Bolin; Boomgarden; Brunner; Conzet; Cronin; Dryden; Gosch; Greenfield; Haggar; Hansen
(Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kloucek; Kopp; Liss; Miller; Moser;
Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Russell; Schaefer;
Scott; Solum; Steele; Tornow; Tulson; Van Gerpen; Vanneman; Venner; Verchio; Wick;
Willadsen
Nays:
Abdallah; Blake; Deelstra; Dennert; Elliott; Fargen; Feinstein; Gibson; Hawley; Hunhoff
(Bernie); Iron Cloud III; Killer; Kirschman; Lucas; Lust; Magstadt; Perry; Rozum; Schrempp;
Sigdestad; Street; Stricherz; Turbiville; Wismer; Speaker Rausch
Excused:
Carson; Feickert; Jones; Sly; White; Wink
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried, the report was not adopted, and no new committee was
appointed.
There being no objection, the House reverted to Order of Business No. 8.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on
Friday, March 2, the 32nd legislative day.
Which motion prevailed.
The Committee on Legislative Procedure respectfully reports that HB 1046, 1058, 1096,
1186, 1189, and 1206 were delivered to his Excellency, the Governor, for his approval at
2:00 p.m., March 1, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1137, 1228, and 1234 and finds the same correctly
enrolled.
The Speaker publicly read the title to
HB 1137: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act
for fiscal year 2012 and to declare an emergency.
HB 1228: FOR AN ACT ENTITLED, An Act to provide tax refunds for certain energy
projects.
HB 1234: FOR AN ACT ENTITLED, An Act to provide incentives to teach in critical
need areas, to provide for rewards for the best teachers and those teaching in math and science
subject areas, to revise certain provisions regarding evaluation of teachers, to create a system
for evaluating principals, to distinguish between tenured and nontenured teachers, to revise
certain provisions regarding the employment of teachers, and to repeal provisions regarding the
teacher compensation assistance program.
SB 157: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to outdoor
advertising signs.
And signed the same in the presence of the House.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:34 p.m. the House adjourned.