The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Dodie Noordemeer, followed by the Pledge of
Allegiance led by House page Tricia Tillman.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared HB 1059 and 1066 and finds the same correctly enrolled.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1172 which was deferred to the 41st legislative day.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1140 and 1162 and returns the same with the recommendation that said bills do pass.
" Section 3. That
§
22-30A-19.3
be amended to read as follows:
22-30A-19.3.
Any person who is the victim of retail theft may make a written demand for
the amount for which the person who committed the act is liable under
§
22-30A-19.1. Except
for a sole proprietorship, a member of management other than the initial detaining person, shall
evaluate the validity of the accusation that the person committed the act and shall approve the
accusation
in writing
before a written demand for payment is issued. The demand for payment
shall be mailed by certified mail to the person from whom payment is demanded or served
personally on the person from whom payment is demanded. Personal service shall be
accomplished in the same manner as the service of a summons."
And that as so amended said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1181 which was deferred to the 41st legislative day.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1206 and 1223 and returns the same with the recommendation that said bills do pass.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1144 and 1225 which were tabled.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1208, 1219 and 1226 which were deferred to the 41st legislative day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 67 and returns the same with the recommendation that said bill do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1142 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1151 which was tabled.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1086 and 1173 which were deferred to the 41st legislative day.
MR. SPEAKER:
I have the honor to return herewith HB 1059 and 1066 which have passed the Senate
without change.
I have the honor to transmit herewith SB 141, 190, 205, and 207 which have passed the
Senate and your favorable consideration is respectfully requested.
Rep. Jorgensen moved that the House do concur in the Senate amendments to HB 1019.
The question being on Rep. Jorgensen's motion that the House do concur in the Senate
amendments to HB 1019.
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen;
Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold;
Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe;
Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam;
Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky;
Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and Senate amendments to HB 1019 were concurred in.
Rep. Derby moved that the word "not" be stricken from the report of the Committee on
Taxation on HB 1258 and that the bill be placed on the calendar of the 20th legislative day.
Rep. Fiegen rose to a point of order concerning speaking to the motion to strike the "not"
rather than to the merits of the bill.
The Speaker advised Rep. Derby to limit his remarks to the motion of striking the "not".
Nays were:
Cerny; Cutler; Fiegen; Gabriel; Jorgensen; Koskan; McNenny; Napoli; Pederson (Gordon);
Putnam; Richter; Roe; Van Gerpen; Windhorst
Absent and Not Voting were:
Wick
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1258 was placed on the calendar of the 20th
legislative day.
Rep. Gabriel moved that the reports of the Standing Committees on
Agriculture & Natural Resources on HB 1108 as found on page 334 of the House Journal;
also
Commerce on HB 1269 as found on page 335 of the House Journal; also
Education on HB 1126 as found on page 337 of the House Journal; also
Local Government on HCR 1008 as found on page 338 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
HB 1182 : FOR AN ACT ENTITLED, An Act to revise the places where vending machines selling tobacco products may be located.
The question being "Shall HB 1182 pass?"
And the roll being called:
Yeas 55, Nays 15, Excused 0, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius;
Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jaspers; Kazmerzak;
Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Munson (Donald);
Peterson (Bill); Pummel; Putnam; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen;
Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Apa; Cutler; DeMersseman; Gabriel; Hassard; Johnson (Doug); Jorgensen; Koetzle; McNenny;
Monroe; Moore; Napoli; Pederson (Gordon); Richter; Schaunaman
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. Gabriel announced his intention to reconsider the vote by which HB 1182 was
passed.
Rep. Davis requested that HB 1207 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
HB 1184
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
school district elections.
Was read the second time.
The question being "Shall HB 1184 pass?"
And the roll being called:
Nays were:
Volesky
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 31
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
deferred compensation fund for public employees and to revise certain rule-making authority
regarding the maximum annual benefits paid by the South Dakota Retirement System.
Was read the second time.
The question being "Shall SB 31 pass?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen;
Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold;
Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe;
Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost;
Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber;
Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Munson (Donald)
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 36
:
FOR AN ACT ENTITLED, An Act
to revise the method of calculating retirement
benefits for South Dakota Retirement System members whose benefits are suspended upon
reemployment after retirement.
Was read the second time.
The question being "Shall SB 36 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen;
Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold;
Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe;
Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam;
Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky;
Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
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 1070
:
FOR AN ACT ENTITLED, An Act
to require payment of sales commissions
after termination of employment.
Having had its second reading was up for final consideration and passage.
The question being "Shall HB 1070 pass as amended?"
And the roll being called:
Yeas 60, Nays 10, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Cutler; Davis; DeMersseman; Derby; Duenwald; Duniphan; Duxbury; Fischer-
Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Koetzle; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden;
McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill);
Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky;
Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Broderick; Crisp; de Hueck; Diedrich; Eccarius; Fiegen; Kooistra; Matthews; Rost; Van Gerpen
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 1087
:
FOR AN ACT ENTITLED, An Act
to revise certain statutes pertaining to
abortions.
Was read the second time.
Rep. Hunt moved that HB 1087 be deferred until Monday, February 10th, the 20th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1098
:
FOR AN ACT ENTITLED, An Act
to authorize additional organizations to use
certain mechanical pull-tab dispensing devices.
Was read the second time.
Rep. Hunt moved the previous question.
Which motion prevailed.
Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Collier;
Crisp; Davis; de Hueck; Derby; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald;
Gleason; Hagen; Haley; Hunt; Jaspers; Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee;
Lucas; Matthews; Monroe; Moore; Munson (Donald); Roe; Rost; Schaunaman; Schrempp;
Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick
Excused were:
Koetzle; Lockner
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1133
:
FOR AN ACT ENTITLED, An Act
to authorize the transfer of certain
landowner preference big game licenses.
Was read the second time.
Rep. Koskan moved that HB 1133 be deferred until Monday, February 10th, the 20th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1092
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions related to the
operation of motorboats.
Was read the second time.
Rep. Duniphan moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Koskan's motion that HB 1092 be amended.
And the roll being called:
Yeas 22, Nays 48, Excused 0, Absent and Not Voting 0
Yeas were:
Cutler; Diedrich; Duenwald; Fiegen; Gabriel; Hassard; Jaspers; Johnson (Doug); Jorgensen;
Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Napoli; Putnam; Rost; Smidt; Wetz;
Wick; Windhorst
Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Duniphan; Duxbury;
Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle;
Konold; Kooistra; Lee; Lockner; Lucas; Moore; Munson (Donald); Pederson (Gordon);
Peterson (Bill); Pummel; Richter; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen;
Volesky; Waltman; Weber; Speaker Hagg
So the motion not having received an affirmative vote of a majority of the members-
present Speaker declared the motion lost.
Rep. Konold moved the previous question.
Which motion lost.
Rep. Schaunaman moved the previous question.
Which motion prevailed.
The question being "Shall HB 1092 pass as amended?"
And the roll being called:
Nays were:
Cutler; Duenwald; Fiegen; Gabriel; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koskan;
Kredit; Madden; McNenny; Monroe; Napoli; Putnam; Smidt; Wetz; Wick; Windhorst
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Rep. Fischer-Clemens moved that the title to HB 1092 be amended as follows:
Rep. Gabriel moved that HB 1159, 1234 and 1143 be deferred until Monday, February
10th, the 20th legislative day.
Which motion prevailed and the bills were so deferred.
SB 141
:
FOR AN ACT ENTITLED, An Act
to revise the recall provisions for elected
municipal officials.
Was read the first time and referred to the Committee on Local Government.
SB 190
:
FOR AN ACT ENTITLED, An Act
to provide legislative approval of certain
operations of the Sioux Falls/Regional Sanitary Landfill.
Was read the first time and referred to the Committee on Local Government.
SB 205
:
FOR AN ACT ENTITLED, An Act
to authorize the use of photo radar equipment
to identify motor vehicles violating limited speed zones in highway work areas.
Was read the first time and referred to the Committee on Transportation.
SB 207
:
FOR AN ACT ENTITLED, An Act
to limit the application of preexisting waiting
periods for health insurance policies.
Was read the first time and referred to the Committee on Commerce.
Rep. Gabriel moved that SB 56, 32, 34, 35 and 50 be deferred until Monday, February
10th, the 20th legislative day.
Which motion prevailed and the bills were so deferred.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 18 and 26.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on SB 55 and has appointed Sens. Jim Dunn, Arnold
Brown, and Hutmacher 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 as such committee Reps. Fiegen, Cutler and Moore.
The Speaker publicly read the title to
HB 1059:
FOR AN ACT ENTITLED, An Act
to allow the Gaming Commission to
delegate its authority to approve the transfer of certain license stamps between licensed gaming
operators.
HB 1066:
FOR AN ACT ENTITLED, An Act
to permit an election to be delayed under
certain weather conditions.
SB 47
:
FOR AN ACT ENTITLED, An Act
to revise the processing of certain genetic
marker specimens.
And signed the same in the presence of the House.
Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed,
and at 2:38 p.m. the House adjourned.