The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of
Allegiance led by House page Linda Novstrup.
Roll Call: All members present except Reps. Cutler, Lockner, and Sokolow who were
excused.
Which was subscribed to and placed on file in the office of the Secretary of State.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1121 and returns the same with the recommendation that said bill do pass.
"
The passing of a check, that bears the name and address of an account holder and bears a
signature is prima facie evidence that an account holder executed the check.
"
The Committee on Judiciary respectfully reports that it has had under consideration HB
1063, 1079, 1100, 1103, and 1118 which were deferred to the 36th legislative day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1176 and returns the same with the recommendation that said bill do pass.
"
Section
1.
That
§
10-60-5
be amended to read as follows:
10-60-5.
On used large boats, the county treasurer shall, for the purpose of this chapter, use
the most generally used and approved nationally recognized dealers' guide provided by the
secretary of revenue.
For those cases of large boats
If the large boat is
not covered by the
provided
dealer guides
dealers' guide
, the county treasurer shall seek assistance from the
Department of Revenue
department
.
Section
2.
That
§
10-60-6
be amended to read as follows:
10-60-6.
The new owner of a large boat shall present to the county treasurer in the county
of the owner's residence the manufacturer's statement of origin or assigned certificate of title if
a title has been previously issued for the large boat, an application for title and registration and
a bill of sale containing a complete description of the large boat, the purchaser's name and
address, the previous owner's name and address, the full purchase price as defined by this
chapter and how computed, the trade-in allowance and description of the trade, if any, and any
other relevant information the
Department of Revenue
department
may require. If a person
intentionally falsifies information on the certificate, the person is guilty of a Class 6 felony.
Section
3.
That
§
10-60-7
be amended to read as follows:
10-60-7.
The
excise
tax levied by this chapter shall be paid to the county treasurer in the
county of the new owner's residence when the owner applies for title and registers the large
boat.
Section
4.
That
§
10-60-8
be amended to read as follows:
10-60-8. If any large boat has been subjected previously to a sales tax, use tax, excise tax, or similar tax by this or any other state or its political subdivision, no tax is owed to this state if the tax has been paid by the applicant to this or any other state. If the amount of tax levied and
paid is the same or more than the amount of tax levied by this chapter, no tax or refund is due
under this chapter. The county treasurer shall require of
all applicants
each applicant
making
application for registration of a large boat in this state
an affidavit of a licensed dealer,
to furnish
a
bill of sale, receipt or other tangible evidence that the amount of tax has been paid by the
current applicant. If sufficient proof is not furnished, the county treasurer shall collect the tax
levied by this chapter on the retail value of the large boat listed in a nationally recognized
boat
dealers'
guide. The value shall be the retail value of the large boat on the day it entered the state.
Section
5.
That
§
42-8-2 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
Section
6.
That
§
42-8-5
be amended to read as follows:
42-8-5.
A boat requiring numbering by this state shall be registered with the
Department of
Revenue
department
for either a one-year period or a three-year period.
The application shall
be accompanied by a fee to be set by rules promulgated by the Game, Fish and Parks
Commission pursuant to chapter 1-26.
The
new
owner of the boat shall present
to the county
treasurer of his county, or, in the case of a nonresident of this state, the treasurer of any county,
application for the registration of the boat, certificate of title or registration if the boat has not
been titled previously or other acceptable ownership document previously issued for the boat
if the boat is used or a manufacturer's statement of origin if the boat is new, and purchase
agreement or a bill of sale. The application form shall be furnished by the Department of
Revenue. The application shall be signed by the owner of the boat. The application shall be
accompanied by a fee to be set by rules promulgated by the Game, Fish and Parks Commission
pursuant to chapter 1-26. The owner of a boat which has not been previously registered in South
Dakota shall furnish proof that an excise, sales, use or a similar tax has been paid before the boat
is registered. The owner may submit a copy of an invoice showing that tax was included in the
sale price of the boat as proof that the tax obligation has been met in South Dakota or any other
jurisdiction
a manufacturer's statement of origin or assigned certificate of title if a title has been
previously issued for the large boat, or if no title is required, the ownership document issued by
that jurisdiction; a bill of sale containing a complete description of the large boat; the
purchaser's name and address; the previous owner's name and address; the full purchase price
as defined by this chapter and how computed; the trade-in allowance and description of the
trade, if any; and any other relevant information the department may require to the county
treasurer in the county of the owner's residence or if the new owner is a nonresident to any
county treasurer. If a person intentionally falsifies information on the certificate, the person is
guilty of a Class 6 felony
.
Section
7.
That
§
42-8-6
be amended to read as follows:
42-8-6.
Upon receipt of an application under
§
42-8-5 in approved form, the county treasurer
shall enter the application upon the records of its office and issue to the applicant a registration
stating the number awarded to the boat and two validation decals. The registration shall state
the name and address of the owner. The owner shall attach to each side of the bow of the boat
the boat number assigned and validation decal as prescribed by rules of the
Department of
Revenue so they
department so the boat number and validation decal
are clearly visible. Failure
to properly attach and display a boat number or validation decal as provided by this section is
a Class 2 misdemeanor.
Section
8.
That
§
42-8-8.1
be amended to read as follows:
42-8-8.1.
The department
of game, fish and parks
shall issue boat license tags of a durable
material to boat manufacturers and dealers upon application and payment of fifteen dollars for
each set of boat license tags desired. Each set of boat license tags shall be valid until December
thirty-one next following the date of issuance.
Section
9.
That
§
42-8-8.4
be amended to read as follows:
42-8-8.4.
When
If
a new or used boat is sold by a boat manufacturer or boat dealer, the boat
manufacturer or boat dealer may provide a temporary tag permit to operate the boat in this state
for thirty days after the date of sale of the boat or until the time the purchaser receives
his
the
licenses from the county treasurer, whichever occurs first. The temporary boat license tags shall
be displayed as required by
§
42-8-6 and rules promulgated, pursuant to chapter 1-26, by the
Department of Revenue
department
.
Section
10.
That
§
42-8-12
be repealed.
42-8-12.
The owner shall furnish the department of revenue notice of the transfer of all or
any part of his interest other than the creation of a security interest in a boat numbered in this
state pursuant to
§
§
42-8-5 to 42-8-10, inclusive, or of the destruction or abandonment of the
boat, within fifteen days thereof. The transfer, destruction, or abandonment terminates the
certificate of number for the boat, except that in the case of a transfer of a part interest which
does not affect the owner's right to operate the boat, the transfer does not terminate the
certificate of number. A violation of this section is a petty offense.
Section
11.
That
§
42-8-16
be amended to read as follows:
42-8-16.
Every
Each
registration and validation decal shall expire on December thirty-first
of the terminal year for the period issued. Validation decals may be purchased as early as
December first for the following year. The registration may be renewed by the owner and new
validation decals obtained as provided in
§
42-8-5.
Section
12.
That
§
42-8-18
be amended to read as follows:
42-8-18.
The
Department of Revenue
department
may upon written request and receipt of
a two dollar fee furnish a person a certified abstract regarding registration information of any
boat registered under the provisions of this chapter. The fee shall be deposited in the state motor
vehicle fund. Governmental entities and their subdivisions are exempt from this fee
requirement.
Section
13.
That
§
42-8-21
be amended to read as follows:
42-8-21.
Any
certified
law enforcement officer
may board any boat to determine if that boat
and its occupants are in compliance with all state and federal laws
of this state or its subdivision
may enforce the provisions of this chapter and in the exercise thereof has the authority to stop
and board any boat subject to this chapter
.
Section
14.
That
§
42-8-72
be amended to read as follows:
42-8-72.
Every
Each
owner of a large boat subject to titling under
§
§
42-8-71 to 42-8-74,
inclusive, and
§
§
42-8-76 to 42-8-84, inclusive, shall apply to the county treasurer for issuance
of a certificate of title for the large boat within thirty days after acquisition. The application shall
be on forms the department prescribes, and accompanied by the certificate of title or other
acceptable ownership document previously issued for the boat if the boat is used or the
manufacturer's statement of origin if the boat is new, a bill of sale and the required fee. The
application shall contain the date of sale and purchase price of the large boat or the fair market
value if no sale immediately preceded the transfer, and any additional information the
Department of Revenue
department
requires. If the application is made for a large boat last
previously registered or titled in another state or foreign country,
it
the application
shall contain
this information and any other information the department requires.
Section
15.
That
§
42-8-74
be amended to read as follows:
42-8-74.
Any boat dealer or motor vehicle dealer licensed pursuant to chapter 32-6B
transferring a large boat requiring titling under
§
§
42-8-71 to 42-8-74, inclusive, and
§
§
42-8-76
to 42-8-84, inclusive, shall assign the title to the new owner, or
in the case of
if
a new large
boat, the boat dealer shall assign the
manufacturer's
certificate of origin to the new owner.
Within thirty days the applicant shall forward all title fees and applications to the county
treasurer.
Section
16.
That
§
42-8-78
be amended to read as follows:
42-8-78.
No manufacturer or boat dealer may transfer ownership of a new large boat without
supplying the transferee with the manufacturer's or importer's certificate of origin signed by the
manufacturer's or importer's authorized agent. The certificate shall contain information the
Department of Revenue
department
requires. No boat dealer may purchase or acquire a new
large boat without obtaining from the seller a manufacturer's statement of origin. Any person
who does not comply with this section is guilty of a Class 2 misdemeanor.
Section
17.
That
§
42-8-80
be amended to read as follows:
42-8-80.
A dealer shall maintain for three years a record of any large boat bought, sold,
exchanged
,
or received for sale or exchange. This record shall be open to inspection by
Department of Revenue
department
representatives during reasonable business hours.
Section
18.
That
§
42-8-83
be amended to read as follows:
42-8-83.
The department
of revenue
shall prescribe and provide suitable forms for
applications, certificate of title, notices of security interests, and all other notices and forms
necessary to implement
§
§
42-8-71 to 42-8-74, inclusive
,
and
§
§
42-8-76 to 42-8-84.
Section 19. That § 42-8-84 be amended to read as follows:
Section
20.
That
§
42-8-85
be amended to read as follows:
42-8-85.
The secretary of revenue may adopt rules, promulgated pursuant to chapter 1-26,
to establish uniform procedures for the administration of the titling of large boats and
registration and numbering of boats
, which may be adopted in
for
the following areas:
Section
21.
That
§
42-8-88
be amended to read as follows:
42-8-88.
Any person who is an owner of a boat who is required to apply for title or
registration, or both, and whose legal residence or chief place of business is outside the state,
shall submit an application, a copy of a valid title if from a title issuing state from another
jurisdiction or other form of ownership acceptable to the department and payment of all
applicable fees to the county treasurer. Upon receipt of such information, the county treasurer
shall issue a nonnegotiable interstate title. A nonnegotiable title is not a valid legal document
for any purpose or transaction except to make application for yearly South Dakota registration.
The nonnegotiable title is valid as long as title ownership remains the same.
A violation
Failure
to apply for a title as provided by this section
is a Class 2 misdemeanor.
Section
22.
That
§
42-8-90
be amended to read as follows:
Section
23.
That
§
42-8-91
be amended to read as follows:
42-8-91.
A person, in possession of a title either in his name or assigned to
him
the person
or a bill of sale which lists
him
the person
as a purchaser of the boat, may procure from any
county treasurer a temporary permit which allows use of the boat in South Dakota waters. The
title or bill of sale shall be available for inspection by any
peace
law enforcement
officer if the
boat is being used. The permit may be purchased for any period from five to fifteen consecutive
days at a fee of one dollar per day for each day the permit is required. The minimum permit fee
is five dollars. The fee is payable to the county treasurer at the time of purchase. All permit fees
shall be forwarded monthly by the county treasurer to the
Department of Revenue
department
.
The fee shall be deposited in the state motor vehicle fund. Only one permit may be issued yearly
for each boat.
Section
24.
That
§
42-8-92
be amended to read as follows:
42-8-92.
If ownership of a large boat is being transferred, the application for certificate of
title shall be filed within thirty days after the date of assignment or acquisition of the large boat.
However, a boat dealer need not apply for a certificate of title on any large boat held in stock
or acquired for stock purposes unless otherwise required under this chapter. Upon transfer of
such a
the
large boat, the boat dealer shall give the transferee a reassignment of the certificate
of title or the manufacturer's statement of origin.
Section
25.
That
§
42-8-101
be amended to read as follows:
42-8-101.
If the secretary finds that an applicant for a certificate of title or registration of a
boat is not entitled thereto, under the provisions of this chapter or the chapter which imposes
tax on boats,
he
the secretary
may refuse to issue a certificate or to register such vehicles, and
may for a like reason, and after notice and hearing, revoke title, license and registration already
acquired. The notice shall be served in person or by registered or certified mail.
"
32-22-8.1.
Unless otherwise signed, any motor vehicle may travel upon any segment of the
national system of interstate and defense highways and the state trunk highway system if the
vehicle is operated within the following length limitation:
The Committee on State Affairs respectfully reports that it has had under consideration HB
1200 and returns the same with the recommendation that said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1182 which was deferred to the 36th legislative day.
MR. SPEAKER:
I have the honor to transmit herewith SB 2, 24, 30, 36, 56, 76, 81, 109, and 110 which have
passed the Senate and your favorable consideration is respectfully requested.
HCR 1007:
A CONCURRENT RESOLUTION,
Urging awareness and support for reading
and reading programs in our homes and communities.
Rep. Lucas moved that HCR 1007 as found on page 196 of the House Journal be adopted.
The question being on the motion to adopt HCR 1007.
And the roll being called:
Yeas 64, Nays 0, Excused 4, Absent and Not Voting 2
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard);
Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan;
Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp;
Smidt; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Excused were:
Cutler; Lockner; Putnam; Sokolow
Absent and Not Voting were:
Koetzle; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1007 was adopted.
HCR 1004:
A CONCURRENT RESOLUTION,
Urging the United States Senate to reject
the Kyoto Protocol on global warming.
And the roll being called:
Yeas 61, Nays 5, Excused 4, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius;
Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson
(Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews;
McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill);
Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen;
Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Barker; Collier; Haley; Koetzle; Lucas
Excused were:
Cutler; Lockner; Putnam; Sokolow
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1004 was adopted.
HCR 1008
Introduced by:
Representatives McNenny, Apa, Belatti, Brooks, Brown (Jarvis),
Chicoine, Cutler, Duenwald, Duxbury, Fitzgerald, Jaspers, Koetzle, Koskan, Kredit, Lee,
Madden, Matthews, Monroe, Moore, Putnam, Schaunaman, Schrempp, Solum, Volesky,
Waltman, Weber, Wick, and Windhorst and Senators Frederick, Aker, Benson, Brosz, Drake,
Dunn (Jim), Flowers, Hainje, Hunhoff, Hutmacher, Kleven, Kloucek, Lange, Lawler, Morford,
Rounds, Shoener, Staggers, Symens, and Vitter
A CONCURRENT RESOLUTION,
Requesting the United States Fish and Wildlife Service to
postpone the placement of the Topeka Shiner (Notropis topeka) on the Endangered Species
List.
HCR 1009
Introduced by:
Representatives Schrempp, Crisp, Duenwald, Koskan, Lee,
Lockner, Sperry, Van Gerpen, Waltman, and Weber and Senators Lange, Benson, Hutmacher,
Kloucek, Morford, and Symens
A CONCURRENT RESOLUTION,
Urging Congress and the President to revise the current
farm bill to restore a safety net for farmers and ranchers.
HCR 1010
Introduced by:
Representatives Weber, Kazmerzak, Lockner, Schrempp,
Sperry, Van Gerpen, and Waltman and Senators Staggers, Benson, Hunhoff, Kleven, Kloucek,
and Lange
A CONCURRENT RESOLUTION,
Urging the United States Secretary of Agriculture to take
steps to save America's family farms.
HB 1273
Introduced by:
Representative Konold and Senator Vitter
FOR AN ACT ENTITLED, An Act
to regulate certain outfitters, guides, and commercial
hunting and fishing business enterprises.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1274
Introduced by:
Representatives Peterson (Bill), Gabriel, and Schaunaman and
Senators Staggers, Dennert, and Lange
FOR AN ACT ENTITLED, An Act
to repeal the wheel tax and delay the effective date.
Was read the first time and referred to the Committee on Taxation.
HB 1275
Introduced by:
Representatives Peterson (Bill), Madden, and Wetz and Senators
Staggers, Dennert, and Lange
FOR AN ACT ENTITLED, An Act
to provide for the abolition of at-large county
commissioner districts.
HB 1276
Introduced by:
Representatives Koetzle, Fischer-Clemens, Haley, and Lucas and
Senators Dunn (Rebecca), Flowers, and Hunhoff
FOR AN ACT ENTITLED, An Act
to protect insurance and other non-pension benefits
for retirees.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1277
Introduced by:
Representatives Gabriel, Cutler, Koskan, McNenny, Schaunaman,
Schrempp, and Volesky and Senators Johnson (William), Benson, Dennert, Kleven, and Vitter
FOR AN ACT ENTITLED, An Act
to mandate control of weeds on property owned or
managed by state government agencies.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1278
Introduced by:
Representatives Putnam, Chicoine, Cutler, Duxbury, Gabriel,
Jaspers, Koskan, Kredit, Lee, Matthews, McNenny, Napoli, Schrempp, Sperry, and Van Gerpen
and Senators Flowers, Aker, Hunhoff, Hutmacher, Kloucek, Morford, Reedy, Shoener, and
Vitter
FOR AN ACT ENTITLED, An Act
to provide an exemption to the axle and weight limits
if the total gross weight of a vehicle is within the maximum limits.
Was read the first time and referred to the Committee on Transportation.
HB 1279
Introduced by:
Representatives Munson (Donald), Crisp, Diedrich, Schrempp,
and Waltman and Senators Hunhoff, Drake, and Kleven
FOR AN ACT ENTITLED, An Act
to prohibit the possession of a firearm by persons
convicted of certain felony drug offenses.
Was read the first time and referred to the Committee on Judiciary.
HB 1280
Introduced by:
Representatives Kooistra, Hagen, Moore, and Van Gerpen and
Senators Hunhoff and Lange
FOR AN ACT ENTITLED, An Act
to establish a workforce development initiative within
the Department of Social Services.
HB 1281
Introduced by:
Representatives Lucas and Gabriel and Senators Hutmacher and
Benson
FOR AN ACT ENTITLED, An Act
to authorize certain uses of money in a school district's
special education fund.
Was read the first time and referred to the Committee on Education.
HB 1282
Introduced by:
Representatives Lucas, Fischer-Clemens, Haley, and Koetzle and
Senators Hunhoff and Dunn (Rebecca)
FOR AN ACT ENTITLED, An Act
to provide for certain scholarship programs and make
an appropriation therefor.
Was read the first time and referred to the Committee on Education.
HB 1283
Introduced by:
Representatives Duniphan, Belatti, Chicoine, Eccarius, Fischer-
Clemens, Munson (Donald), Richter, and Van Gerpen and Senators Whiting, Aker, Brosz, Dunn
(Rebecca), and Staggers
FOR AN ACT ENTITLED, An Act
to provide that any person convicted of or who has
pled nolo contendere to a fourth or subsequent offense of driving under the influence is guilty
of a Class 5 felony regardless of the time that has elapsed between convictions or pleas.
Was read the first time and referred to the Committee on Judiciary.
HB 1284
Introduced by:
Representatives McNenny, Apa, Chicoine, and Putnam and
Senators Dunn (Jim), Brown (Arnold), Kleven, Symens, and Vitter
FOR AN ACT ENTITLED, An Act
to revise the factors used in determining the value of
agricultural land.
Was read the first time and referred to the Committee on Taxation.
HB 1285
Introduced by:
Representatives Cutler, Barker, Brown (Richard), Collier, Fiegen,
Fischer-Clemens, Haley, Koetzle, Lucas, Richter, Roe, Schaunaman, and Volesky and Senators
Paisley, Everist, and Munson (David)
FOR AN ACT ENTITLED, An Act
to restrict parental choice of certain nonmedical
remedial health services for children.
HB 1286
Introduced by:
Representatives Cutler, Haley, and Jorgensen and Senators
Rounds and Symens
FOR AN ACT ENTITLED, An Act
to provide the court with discretion, under limited
circumstances, when ordering restitution to victims of misdemeanor crimes.
Was read the first time and referred to the Committee on Judiciary.
HB 1287
Introduced by:
Representatives Gabriel, Duenwald, Koskan, McNenny, Pummel,
Schaunaman, and Schrempp and Senators Kleven, Benson, Dunn (Jim), Ham, Johnson
(William), Reedy, and Vitter
FOR AN ACT ENTITLED, An Act
to permit certain landowners to sponsor individual
hunters in the deer license drawing and to prescribe certain conditions for such licenses.
Was read the first time and referred to the Committee on State Affairs.
HB 1288
Introduced by:
Representatives Gabriel and Cutler and Senator Paisley
FOR AN ACT ENTITLED, An Act
to increase the fee for preparing a garnishment
disclosure.
Was read the first time and referred to the Committee on State Affairs.
HB 1289
Introduced by:
Representatives Sperry, Crisp, Lee, Matthews, Schrempp,
Sokolow, Van Gerpen, Waltman, and Weber and Senators Lange, Dennert, Kloucek, Lawler,
and Symens
FOR AN ACT ENTITLED, An Act
to increase the state's percentage of video lottery
machine income and to provide for the repeal of the video lottery.
Was read the first time and referred to the Committee on Taxation.
HB 1290
Introduced by:
Representative Wetz and Senator Rounds
FOR AN ACT ENTITLED, An Act
to establish watershed conservation district boundaries
and to provide for the creation of water conservation districts.
Was read the first time and referred to the Committee on Local Government.
HB 1292
Introduced by:
Representatives McNenny, Apa, Broderick, Brooks, Diedrich,
Duenwald, Gabriel, Hassard, Jorgensen, Koskan, Kredit, Pederson (Gordon), Putnam,
Schrempp, Waltman, Weber, and Wetz and Senators Frederick, Benson, Dunn (Jim), Flowers,
Johnson (William), and Kleven
FOR AN ACT ENTITLED, An Act
to classify certain land as nonagricultural acreage and
revise the tax levy for the general fund purposes of a school district.
Was read the first time and referred to the Committee on Taxation.
HB 1293
Introduced by:
Representative Munson (Donald)
FOR AN ACT ENTITLED, An Act
to increase certain state sales and use taxes, exempt
transportation services from sales and use taxes, revise the exemptions for inheritance taxes,
provide property tax relief, repeal certain municipal sales and use taxes, and replace the
municipal revenue lost from sales and use taxes.
Was read the first time and referred to the Committee on Taxation.
HB 1294
Introduced by:
Representatives Volesky, Fischer-Clemens, Haley, Koetzle, and
Lucas and Senators Hunhoff, Dennert, Flowers, Hutmacher, Kloucek, Lawler, Olson, Reedy,
and Valandra
FOR AN ACT ENTITLED, An Act
to provide notice and benefits to certain employees
affected by plant closings and mass layoffs.
Was read the first time and referred to the Committee on State Affairs.
HB 1295
Introduced by:
Representatives Hassard, Johnson (Doug), Kooistra, and Van
Gerpen and Senator Staggers
FOR AN ACT ENTITLED, An Act
to make the appointment of the county planning
commission permissive by the board of county commissioners.
Was read the first time and referred to the Committee on Local Government.
HB 1297
Introduced by:
Representative Weber and Senator Staggers
FOR AN ACT ENTITLED, An Act
to revise the procedure that determines the value of
agricultural property.
Was read the first time and referred to the Committee on Taxation.
HB 1298
Introduced by:
Representative Napoli and Senator Rounds
FOR AN ACT ENTITLED, An Act
to require certain operators selling vehicles at a sell-it-
yourself lot to obtain a license.
Was read the first time and referred to the Committee on Transportation.
HB 1299
Introduced by:
Representative Schaunaman
FOR AN ACT ENTITLED, An Act
to provide for a temporary permit to practice as an
athletic trainer.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1300
Introduced by:
Representatives Haley, Koetzle, Lucas, and Volesky and Senators
Hunhoff, Flowers, Hutmacher, and Olson
FOR AN ACT ENTITLED, An Act
to establish certain wage requirements for the
recipients of REDI fund loans.
Was read the first time and referred to the Committee on State Affairs.
HB 1301
Introduced by:
Representatives Wick, Duenwald, Jaspers, Kazmerzak, Koskan,
Lee, Matthews, Smidt, and Wetz and Senators Lange, Shoener, and Vitter
FOR AN ACT ENTITLED, An Act
to allow first class municipalities to adopt an
ordinance regulating the minimum driving age and hours a vehicle may operated by a person
who is at least fourteen years of age and less than sixteen years of age.
HB 1302
Introduced by:
Representative Koskan and Senator Johnson (William)
FOR AN ACT ENTITLED, An Act
to provide for and to regulate the practice of
independent midwifery.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1303
Introduced by:
Representative Koskan and Senators Whiting and Olson
FOR AN ACT ENTITLED, An Act
to provide for prelitigation panels to review certain
liability claims against landowners.
Was read the first time and referred to the Committee on Judiciary.
HB 1304
Introduced by:
Representatives Chicoine, Collier, Moore, and Weber and
Senators Kloucek and Hutmacher
FOR AN ACT ENTITLED, An Act
to prohibit discriminatory pricing of drugs by
manufacturers and to establish a penalty.
Was read the first time and referred to the Committee on Commerce.
HB 1305
Introduced by:
Representatives Jorgensen, Apa, Haley, Koetzle, and Matthews
and Senators Dunn (Jim), Hutmacher, Shoener, and Valandra
FOR AN ACT ENTITLED, An Act
to provide rule-making authority to the Gaming
Commission to establish the number of employees required on a premises with limited card
games and slot machines.
Was read the first time and referred to the Committee on State Affairs.
HB 1306
Introduced by:
Representative Jorgensen and Senator Daugaard
FOR AN ACT ENTITLED, An Act
to revise reunification of a parent and child if a child
has been removed from a home and to revise termination of parental rights.
Was read the first time and referred to the Committee on Judiciary.
HB 1307 Introduced by: Representative Jorgensen and Senator Daugaard
HB 1308
Introduced by:
Representatives Cerny, Chicoine, and Kredit and Senators
Kloucek, Dennert, and Hutmacher
FOR AN ACT ENTITLED, An Act
to authorize the reimbursement of certain testing costs
from the petroleum release compensation fund and to revise associated deductible amounts.
Was read the first time and referred to the Committee on Commerce.
HB 1309
Introduced by:
Representatives Jaspers, Crisp, Duenwald, McNenny, and Wetz
and Senator Drake
FOR AN ACT ENTITLED, An Act
to revise certain exemptions from the requirement to
have a driver's license.
Was read the first time and referred to the Committee on Transportation.
HB 1310
Introduced by:
Representatives Windhorst, Brooks, Collier, Davis, de Hueck,
Hassard, Kooistra, and Monroe and Senators Rounds, Benson, and Staggers
FOR AN ACT ENTITLED, An Act
to provide for compliance with certain federal law
governing access and confidentiality of education records and elicitation of information
concerning pupils, and to require written notice of rights to parents and guardians.
Was read the first time and referred to the Committee on Education.
HB 1311
Introduced by:
Representative Windhorst and Senator Rounds
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the release of
health care information.
Was read the first time and referred to the Committee on Judiciary.
HB 1312
Introduced by:
Representatives Collier and Koetzle and Senators Reedy, Kleven,
Lawler, and Paisley
HB 1313
Introduced by:
Representatives Hunt and Brooks and Senator Munson (David)
FOR AN ACT ENTITLED, An Act
to authorize the transfer of bodies buried in one part
of a cemetery to another part without a disinterment permit.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1314
Introduced by:
Representatives Hunt, Eccarius, and Monroe and Senator Lawler
FOR AN ACT ENTITLED, An Act
to provide consumer protection for members of
managed care plans.
Was read the first time and referred to the Committee on Commerce.
HB 1315
Introduced by:
The Committee on Judiciary at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to comparative
negligence.
Was read the first time and referred to the Committee on Judiciary.
HB 1316
Introduced by:
The Committee on Judiciary at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions related to drug and alcohol
free zones around schools and certain other youth-oriented facilities.
Was read the first time and referred to the Committee on Judiciary.
HB 1317
Introduced by:
Representatives de Hueck and Monroe and Senator Rounds
FOR AN ACT ENTITLED, An Act
to provide for an additional one percent pay increase
to state employees.
Was read the first time and referred to the Committee on Appropriations.
HB 1318 Introduced by: Representatives Gleason, Haley, Koetzle, and Volesky and Senator Dennert
HB 1319
Introduced by:
Representative Hagen and Senator Reedy
FOR AN ACT ENTITLED, An Act
to provide for nursing home construction on an Indian
reservation.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1320
Introduced by:
Representatives Johnson (Doug), Belatti, Diedrich, Duenwald,
Hassard, Koskan, and Schaunaman and Senators Brown (Arnold), Hainje, and Staggers
FOR AN ACT ENTITLED, An Act
to clarify and restrict certain township zoning powers.
Was read the first time and referred to the Committee on Local Government.
HB 1321
Introduced by:
Representatives Hagg, Brown (Richard), Crisp, de Hueck,
Eccarius, Fiegen, Fitzgerald, Hunt, Kooistra, Koskan, and Van Gerpen and Senators Whiting,
Aker, Daugaard, Dunn (Rebecca), and Hainje
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding civil liability as
it relates to injuries caused by intoxicated persons.
Was read the first time and referred to the Committee on Judiciary.
HB 1322
Introduced by:
Representatives Hagg and Koetzle
FOR AN ACT ENTITLED, An Act
to revise certain provisions pertaining to managed care
for certain injured employees under workers' compensation.
Was read the first time and referred to the Committee on Judiciary.
HB 1323
Introduced by:
Representatives Derby, Eccarius, and Hagg and Senator Whiting
FOR AN ACT ENTITLED, An Act
to allow a first class municipality to assess property
outside of the municipality's territorial limits with the consent of the county.
Was read the first time and referred to the Committee on Local Government.
HB 1325
Introduced by:
Representatives Fiegen, Crisp, Cutler, Hagg, Hunt, and Van
Gerpen and Senators Lawler and Paisley
FOR AN ACT ENTITLED, An Act
to provide for the type of advertising permitted by
certain licensed establishments.
Was read the first time and referred to the Committee on State Affairs.
HB 1326
Introduced by:
Representatives de Hueck and Monroe
FOR AN ACT ENTITLED, An Act
to authorize the Bureau of Personnel to evaluate the
compensation levels of state employees.
Was read the first time and referred to the Committee on Appropriations.
HB 1327
Introduced by:
Representatives Fischer-Clemens, Davis, Haley, Lucas, and
Moore and Senators Lawler, Morford, Olson, and Valandra
FOR AN ACT ENTITLED, An Act
to require that a State Child Health Plan be developed.
Was read the first time and referred to the Committee on Health and Human Services.
HJR 1006
Introduced by:
Representatives Wick, Apa, Cerny, Chicoine, Crisp, Duenwald,
Duniphan, Haley, Hassard, Hunt, Jaspers, Madden, Matthews, Napoli, Pummel, Schaunaman,
Van Gerpen, and Windhorst and Senators Aker, Albers, Benson, Dennert, Drake, Flowers,
Hunhoff, Hutmacher, Johnson (William), Kleven, Lawler, Olson, Shoener, Staggers, and Vitter
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article XI of the Constitution of the State of South Dakota, relating
to revenue and expenditure limits of certain units of government in South Dakota.
Was read the first time and referred to the Committee on State Affairs.
HJR 1007
Introduced by:
Representatives Waltman, Cerny, Crisp, Kazmerzak, Koetzle,
Lee, Lockner, Schrempp, Sperry, and Weber and Senators Lange and Hutmacher
HJR 1008
Introduced by:
Representative Solum and Senator Brosz
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article III, section 6 of the Constitution of the State of South Dakota,
relating to four-year legislative terms and legislative term limits.
Was read the first time and referred to the Committee on State Affairs.
HB 1045:
FOR AN ACT ENTITLED, An Act
to provide for the licensing of loan
production offices.
Was read the second time.
The question being "Shall HB 1045 pass as amended?"
And the roll being called:
Yeas 64, Nays 1, Excused 3, Absent and Not Voting 2
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard);
Cerny; Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius;
Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson
(Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lucas;
Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon);
Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum;
Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Collier
Excused were:
Cutler; Lockner; Sokolow
Rep. Monroe requested that HB 1048 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
HB 1078:
FOR AN ACT ENTITLED, An Act
to provide for access to certain information
relating to anatomical gifts.
Was read the second time.
The question being "Shall HB 1078 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard);
Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan;
Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt;
Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit;
Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Excused were:
Cutler; Lockner; Sokolow
Absent and Not Voting were:
Duxbury
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 1036:
FOR AN ACT ENTITLED, An Act
to authorize certain employees of local
governments to operate a vehicle without a commercial driver's license under certain
circumstances.
Having had its second reading was up for consideration and final passage.
Rep. Pummel moved that HB 1036 be deferred until Wednesday, January 28th, the 12th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1041:
FOR AN ACT ENTITLED, An Act
to authorize the Banking Commission to
promulgate certain administrative rules regarding the mortgage lending business.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1041 pass as amended?"
And the roll being called:
Nays were:
Hunt; Koetzle; Napoli; Richter; Windhorst
Excused were:
Cutler; Lockner; Sokolow
Absent and Not Voting were:
Wick
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 1046:
FOR AN ACT ENTITLED, An Act
to provide for rule-making authority for the
sale of health and life insurance.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1046 pass?"
And the roll being called:
Yeas 30, Nays 34, Excused 3, Absent and Not Voting 3
Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine;
Collier; Crisp; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Konold; Lee; Lucas;
Munson (Donald); Pederson (Gordon); Roe; Rost; Schaunaman; Schrempp; Smidt; Solum;
Sperry; Volesky; Waltman
Nays were:
Apa; Cerny; de Hueck; Derby; Diedrich; Duenwald; Eccarius; Fiegen; Fitzgerald; Hassard;
Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit;
Madden; Matthews; McNenny; Monroe; Napoli; Peterson (Bill); Pummel; Putnam; Richter;
Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Absent and Not Voting were:
Duniphan; Gabriel; Moore
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Broderick announced his intention to reconsider the vote by which HB 1046 was lost.
HB 1027:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
collection of child support.
Having had its second reading was up for consideration and final passage.
"
The question being "Shall HB 1027 pass as amended?"
And the roll being called:
Nays were:
Apa; Brown (Gary); Davis; Eccarius; Koetzle; Konold; Koskan; McNenny; Monroe; Napoli;
Windhorst
Excused were:
Cutler; Lockner; Sokolow
Absent and Not Voting were:
Hagen
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 1085:
FOR AN ACT ENTITLED, An Act
to allow emergency medical technicians to
display flashing blue lights from their motor vehicles when responding to an emergency.
Having had its second reading was up for consideration and final passage.
The question being on Rep. de Hueck's pending motion to amend HB 1085 as found on
page 189 of the House Journal.
Which motion prevailed and HB 1085 was so amended.
The question being on Rep. Barker's motion to amend HB 1085.
And the roll being called:
Yeas 21, Nays 44, Excused 3, Absent and Not Voting 2
Yeas were:
Apa; Barker; Broderick; Chicoine; Collier; Crisp; Davis; Diedrich; Fischer-Clemens; Gleason;
Haley; Koetzle; Lee; Lucas; Napoli; Pederson (Gordon); Schaunaman; Schrempp; Sperry;
Volesky; Waltman
Nays were:
Belatti; Brooks; Brown (Gary); Brown (Jarvis); Cerny; de Hueck; Derby; Duenwald; Duniphan;
Eccarius; Fiegen; Fitzgerald; Gabriel; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny;
Monroe; Moore; Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost;
Smidt; Solum; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Excused were:
Cutler; Lockner; Sokolow
Absent and Not Voting were:
Brown (Richard); Duxbury
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 "Shall HB 1085 pass as amended?"
And the roll being called:
Nays were:
Barker; Belatti; Broderick; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; Diedrich;
Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Koetzle; Lee; Lucas;
Moore; Munson (Donald); Napoli; Pederson (Gordon); Richter; Rost; Schaunaman; Schrempp;
Solum; Sperry; Volesky; Waltman
Excused were:
Cutler; Lockner; Sokolow
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Speaker Pro tempore Hunt now presiding.
HB 1029
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
types, procedures and qualifications for issuance, eligibility, privileges, and fees of certain
hunting and fishing licenses issued by the Department of Game, Fish and Parks.
Was read the second time.
Rep. Gabriel moved that HB 1029 be deferred until Tuesday, January 27th, the 11th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1080:
FOR AN ACT ENTITLED, An Act
to revise the income limits of a person
eligible for a real property tax assessment freeze.
Was read the second time.
The question being "Shall HB 1080 pass as amended?"
And the roll being called:
Yeas 59, Nays 8, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard);
Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson
(Doug); Jorgensen; Koetzle; Konold; Kooistra; Kredit; Lee; Lucas; Madden; Matthews;
Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel;
Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky;
Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Eccarius; Fiegen; Gabriel; Hunt; Kazmerzak; Koskan; McNenny; Richter
Excused were:
Cutler; Lockner; Sokolow
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 1042
FOR AN ACT ENTITLED, An Act
to revise certain authority relating to
installment loan licensing and lending requirements.
Was read the second time.
Nays were:
Koetzle
Excused were:
Cutler; Lockner; Sokolow; Van Gerpen
Absent and Not Voting were:
Pederson (Gordon); Putnam
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.
HB 1049:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
licensing of certain counselors and to repeal certain provisions relating to the licensing of
counselor associates.
Was read the second time.
Rep. Rost moved that HB 1049 be deferred until Tuesday, January 27th, the 11th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1067:
FOR AN ACT ENTITLED, An Act
to clarify that certain communications
between school psychologists and students are privileged.
Was read the second time.
HB 1047:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
licensing of marriage and family therapists.
Was read the second time.
The question being "Shall HB 1047 pass as amended?"
And the roll being called:
Yeas 58, Nays 8, Excused 3, Absent and Not Voting 1
Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius;
Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson
(Doug); Jorgensen; Koetzle; Konold; Kooistra; Kredit; Lee; Lucas; Madden; Matthews;
McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost;
Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz;
Wick; Windhorst; Speaker Hagg
Nays were:
Apa; Crisp; Fiegen; Kazmerzak; Koskan; Moore; Napoli; Richter
Excused were:
Cutler; Lockner; Sokolow
Absent and Not Voting were:
Monroe
HB 1111:
FOR AN ACT ENTITLED, An Act
to prohibit local units of government from
placing additional weight restrictions on certain commercial motor vehicles operating between
a municipality and a state highway and to place certain restrictions on the use of such
commercial vehicles.
Having had its second reading was up for consideration and final passage.
"
Rep. Napoli moved that HB 1111 and pending amendments be laid on the table.
Rep. Lucas rose to a point of order relating to whether the motion to table was in order.
The Speaker ruled that the motion was in order.
The question being on Rep. Napoli's motion to table HB 1111 and all amendments.
And the roll being called:
Nays were:
Barker; Brown (Jarvis); Cerny; Collier; Davis; Fischer-Clemens; Gleason; Haley; Koetzle;
Moore; Schaunaman; Schrempp; Sperry; Waltman; Weber; Windhorst
Excused were:
Cutler; Duxbury; Lockner; Sokolow
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1111 was laid on the table.
HB 1088:
FOR AN ACT ENTITLED, An Act
to increase the checkoff on sunflowers,
safflowers, and canola.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1088 pass?"
And the roll being called:
Yeas 59, Nays 6, Excused 5, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius;
Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson
(Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lucas; Madden;
Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam;
Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky;
Waltman; Weber; Wetz; Wick; Speaker Hagg
Nays were:
Davis; Hassard; Koskan; Monroe; Napoli; Windhorst
Excused were:
Brooks; Cutler; Lockner; Moore; Sokolow
HB 1073:
FOR AN ACT ENTITLED, An Act
to provide for a school district
transportation levy.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1073 pass?"
And the roll being called:
Yeas 30, Nays 37, Excused 3, Absent and Not Voting 0
Yeas were:
Barker; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Davis; Duenwald; Duxbury;
Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Jaspers; Konold; Kooistra;
Koskan; Lucas; Madden; Moore; Pummel; Putnam; Schaunaman; Smidt; Solum; Sperry;
Weber; Wetz
Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Richard); Crisp; de Hueck; Derby; Diedrich;
Duniphan; Fiegen; Gabriel; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle;
Kredit; Lee; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon);
Peterson (Bill); Richter; Roe; Rost; Schrempp; Van Gerpen; Volesky; Waltman; Wick;
Windhorst; Speaker Hagg
Excused were:
Cutler; Lockner; Sokolow
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
Rep. Jarvis Brown rose to a point of order relating to the chair's ruling of a two-thirds vote
for passage of HB 1073.
The Speaker stated that Article XI, section 13 of the South Dakota Constitution provided
the necessity for a two-thirds vote.
HB 1086:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding court-
ordered temporary custody of a child.
Was read the second time.
The question being "Shall HB 1086 pass?"
And the roll being called:
Nays were:
Davis; Koetzle
Excused were:
Brooks; Cutler; Lockner; Sokolow
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.
Speaker Hagg now presiding.
HB 1098:
FOR AN ACT ENTITLED, An Act
to allow coroners to issue subpoenas outside
their own county and to allow special death investigators to issue subpoenas.
Was read the second time.
The question being "Shall HB 1098 pass?"
And the roll being called:
Yeas 63, Nays 2, Excused 4, Absent and Not Voting 1
Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; de Hueck; 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;
Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Peterson (Bill);
Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van
Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Apa; Monroe
Excused were:
Cutler; Lockner; Pederson (Gordon); Sokolow
HB 1163:
FOR AN ACT ENTITLED, An Act
to repeal the continuous appropriation of
money in the Department of Game, Fish, and Parks Fund.
Was read the second time.
Rep. McNenny moved that HB 1163 be deferred until Tuesday, January 27th, the 11th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 2:
FOR AN ACT ENTITLED, An Act
to provide a procedure for assessing flooded
land for taxation purposes.
Was read the first time and referred to the Committee on Taxation.
SB 24:
FOR AN ACT ENTITLED, An Act
to change the name of the South Dakota
School for the Visually Handicapped to the South Dakota School for the Blind and the Visually
Impaired.
Was read the first time and referred to the Committee on Education.
SB 30:
FOR AN ACT ENTITLED, An Act
to provide for the proper disposal of waste tires
and to provide for penalties for any violation thereof.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 36:
FOR AN ACT ENTITLED, An Act
to revise the crime of indecent exposure.
Was read the first time and referred to the Committee on Judiciary.
SB 76:
FOR AN ACT ENTITLED, An Act
to establish the last Friday in April as Arbor
Day.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 81
:
FOR AN ACT ENTITLED, An Act
to define the roads shown on the map prepared
by the county auditor.
Was read the first time and referred to the Committee on Transportation.
SB 109:
FOR AN ACT ENTITLED, An Act
to revise the rule-making authority of the
director of insurance concerning stop loss or excess insurance.
Was read the first time and referred to the Committee on Commerce.
SB 110:
FOR AN ACT ENTITLED, An Act
to define the brokerage relationships available
between real estate licensees and buyers, sellers, landlords, or tenants in real estate transactions,
to establish the obligations owed by real estate licensees to parties to real estate transactions,
and to establish certain disclosure requirements for real estate licensees.
Was read the first time and referred to the Committee on Judiciary.
Rep. Belatti moved that the House do now adjourn, which motion prevailed, and at 4:49
p.m. the House adjourned.