The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of
Allegiance led by House page Erin Mairose.
Roll Call: All members present except Rep. Qualm 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 fourteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Speaker Gosch introduced the 2011-2012 Outstanding School Administrators of South
Dakota: Rocky Brinkman, secondary principal, Andes Central; Jeff Rieckman, middle school
principal, Haakon; Chrissy Peterson, special ed director, Meade; Tanya Rasmussen, curriculum
director, Harrisburg; Marcia Jackson, business manager, Hot Springs; Tim Kosters, elementary
principal, Lead-Deadwood; Bob Sittig, superintendent, Baltic; and Melinda Jensen, assistant
secondary principal, Brookings.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1201 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1102 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1157 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1103 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1100 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
HB 1128 and returns the same with the recommendation that said bill be amended as follows:
" 13-55-31.2. Any student who does not meet the high school course requirements as
provided in subdivision 13-55-31(3) is eligible for the opportunity scholarship program if:
Test and earns a critical reading-mathematics score of one thousand ninety or higher,
while also attaining a college readiness benchmark score of five hundred or higher
each on the critical reading, mathematics, and writing sections of the test, and the
student's secondary education was received pursuant to § 13-27-3.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1133, which was reconsidered, which was tabled.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1176 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration SB 70
and returns the same with the recommendation that said bill do pass.
I have the honor to return herewith HCR 1001 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to return herewith HB 1021, 1031, 1041, 1053, 1063, and 1066 which
have passed the Senate without change.
I have the honor to transmit herewith SB 84, 122, and 127 which have passed the Senate
and your favorable consideration is respectfully requested.
Yesterday, Rep. Munsterman announced his intention to reconsider the vote by which
HB 1113 lost.
Rep. Munsterman moved that the House do now reconsider the vote by which HB 1113
lost.
The question being on Rep. Munsterman's motion to reconsider the vote by which HB 1113
lost.
And the roll being called:
Yeas 34, Nays 35, Excused 1, Absent 0
Yeas:
Bartling; Bolin; Cammack; Ecklund; Erickson; Feinstein; Gibson; Hajek; Hawks; Hawley;
Heinemann (Leslie); Heinert; Hickey; Hunhoff (Bernie); Killer; Kirschman; Lust; Mickelson;
Miller; Munsterman; Nelson; Peterson; Rasmussen; Russell; Schoenfish; Schrempp; Sly; Soli;
Stalzer; Tyler; Westra; Wick; Wink; Wismer
Nays:
Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Feickert; Greenfield; Haggar (Don);
Haggar (Jenna); Hansen; Hoffman; Johns; Kaiser; Kopp; Latterell; Magstadt; May; Novstrup
(David); Olson (Betty); Otten (Herman); Parsley; Ring; Romkema; Rounds; Rozum; Schaefer;
Solum; Steele; Stevens; Tulson; Verchio; Werner; Speaker Gosch
Excused:
Qualm
So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.
Which motion prevailed.
Rep. Lust moved that the report of the Standing Committee on
Transportation on HB 1144 as found on page 229 of the House Journal be adopted.
Which motion prevailed.
SB 84: FOR AN ACT ENTITLED, An Act to create the South Dakota Athletic
Commission and to provide for the supervision of boxing, kickboxing, mixed martial arts
competitions and sparring exhibitions in the state.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 122: FOR AN ACT ENTITLED, An Act to revise the dates for holding township board
meetings.
Was read the first time and referred to the Committee on Local Government.
SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
health and educational facilities authority.
Was read the first time and referred to the Committee on Local Government.
Pursuant to House Rule 7-1, the Speaker removed HB 1049 from the Consent Calendar.
HB 1052: FOR AN ACT ENTITLED, An Act to revise certain requirements for third party
administrators and pharmacy benefits managers.
Was read the second time.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Excused:
Qualm; Russell
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.
HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
filing of the certificate of limited partnerships.
Was read the second time.
The question being "Shall HB 1163 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Excused:
Qualm; Russell
HB 1048: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions
related to the Department of Agriculture.
Was read the second time.
The question being "Shall HB 1048 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Excused:
Qualm; Russell
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.
HB 1059: FOR AN ACT ENTITLED, An Act to repeal and revise certain obsolete and
unnecessary statutes and rules relating to the Department of Environment and Natural
Resources.
Was read the second time.
The question being "Shall HB 1059 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Qualm; Russell
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.
HB 1062: FOR AN ACT ENTITLED, An Act to repeal and reenact certain provisions
regarding forestry and fire suppression.
Was read the second time.
The question being "Shall HB 1062 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Excused:
Qualm; Russell
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 HB 1085 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Excused:
Qualm; Russell
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.
HB 1099: FOR AN ACT ENTITLED, An Act to authorize municipalities to pay for certain
services in advance.
Was read the second time.
The question being "Shall HB 1099 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
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 HB 1126 be deferred to Tuesday, February 5, the 18th legislative day.
Which motion prevailed.
HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions for a secondary
election if the candidates for the United States Senate, United States House of Representatives,
or Governor do not receive a sufficient percentage of the votes cast during a primary election.
Was read the second time.
The question being "Shall HB 1170 pass as amended?"
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller;
Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Nays:
Kaiser
Excused:
Qualm
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 HB 1180 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
Excused:
Qualm
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.
HB 1150: FOR AN ACT ENTITLED, An Act to amend provisions relating to violations
of no contact orders.
Was read the second time.
The question being "Shall HB 1150 pass as amended?"
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hansen;
Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns;
Kaiser; Killer; Kirschman; Kopp; Lust; Magstadt; May; Mickelson; Miller; Munsterman;
Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Rasmussen; Ring;
Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum;
Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer;
Speaker Gosch
Excused:
Qualm
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.
HB 1140: FOR AN ACT ENTITLED, An Act to revise the schedule for payment of excise
taxes for farm wineries.
Was read the second time.
The question being "Shall HB 1140 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
Excused:
Qualm
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.
HB 1081: FOR AN ACT ENTITLED, An Act to specify the duration of certain municipal
appointments.
Was read the second time.
The question being "Shall HB 1081 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Qualm
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.
HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
drainage utility fees in municipalities.
Was read the second time.
The question being "Shall HB 1107 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
Excused:
Qualm
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 37: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
insurance fraud prevention unit.
Was read the second time.
The question being "Shall SB 37 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff
(Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
Excused:
Qualm
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 26: FOR AN ACT ENTITLED, An Act to update terminology for individuals with
intellectual disabilities and similar terms.
Was read the second time.
The question being "Shall SB 26 pass?"
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Nays:
Greenfield
Excused:
Qualm
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 38 and 58 be deferred to Thursday, January 31, the 16th legislative
day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1021, 1031, 1041, 1053, 1063, and 1066 and finds
the same correctly enrolled.
The Speaker publicly read the title to
HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child
support.
HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole
date calculation.
HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
purchase price of rebuilt motor vehicles and to create a motor vehicle excise tax exemption for
sales tax paid on parts used in rebuilt motor vehicles and vehicles manufactured by individuals.
HB 1053: FOR AN ACT ENTITLED, An Act to revise the lending limit for state chartered
banks.
HB 1063: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding the Bureau of Information and Telecommunications.
HB 1066: FOR AN ACT ENTITLED, An Act to continue the current rate of the gross
receipts tax imposed on visitor-related businesses.
And signed the same in the presence of the House.
HC 1007 Introduced by: Representatives Nelson, Greenfield, Johns, Kaiser, and Russell
and Senator Tieszen
HC 1008 Introduced by: Representatives Nelson, Johns, Kaiser, and Russell and
Senator Tieszen
HC 1009 Introduced by: Representatives Nelson, Johns, Kaiser, and Russell and
Senator Tieszen
Highway Patrolman Darren Hall for his outstanding career commitment and service to the
citizens of South Dakota.
HC 1010 Introduced by: Representatives Nelson, Johns, Kaiser, and Russell and
Senator Tieszen
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
2:55 p.m. the House adjourned.