The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor James Sumner, followed by the Pledge of
Allegiance led by House page Teresa Seefeldt.
Roll Call: All members present except Rep. Barker who was excused.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1215 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1173 which was deferred to the 36th legislative day.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1168 and returns the same with the recommendation that said bill do pass.
And that as so amended said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1094 which was deferred to the 36th legislative day.
Respectfully submitted,
Roger Hunt, Chair
The Calendar Committee respectfully announces that HB 1082 was placed on the calendar
in error and has been returned to the committee on Local Government.
MR. SPEAKER:
I have the honor to transmit herewith SB 32, 34, 105, 106, 107, 117, 118, 132, 133, 137,
and 157 which have passed the Senate and your favorable consideration is respectfully
requested.
Rep. Gabriel moved that HCR 1009 and HCR 1010 be deferred until Monday, February
2, the fifteenth legislative day.
Which motion prevailed and the resolutions were so deferred.
Yesterday, Rep. Hunt announced his intention to reconsider the vote by which HB 1112
was lost.
Rep. Hunt moved to reconsider the vote by which HB 1112 was lost.
The question being on Rep. Hunt's motion to reconsider the vote by which HB 1112 was
lost.
And the roll being called:
Yeas 41, Nays 24, Excused 2, Absent and Not Voting 3
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Richard); Chicoine; Cutler; Davis; Eccarius; Fiegen;
Fitzgerald; Gabriel; Gleason; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Kooistra;
Koskan; Kredit; Matthews; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon);
Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Solum; Weber; Wick;
Windhorst
Nays were:
Brown (Gary); Brown (Jarvis); Collier; Crisp; de Hueck; Derby; Diedrich; Duenwald; Hagen;
Haley; Hassard; Koetzle; Konold; Lee; Lockner; Lucas; Madden; McNenny; Schrempp; Smidt;
Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Speaker Hagg
Excused were:
Barker; Cerny
Absent were:
Duniphan; Duxbury; Fischer-Clemens
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1112 was up for reconsideration and final passage.
Rep. Hunt moved that HB 1112 be deferred until Monday, February 2, the fifteenth
legislative day.
Which motion prevailed and the bill was so deferred.
Yesterday, Rep. Cutler announced his intention to reconsider the vote by which HB 1108
was passed.
Rep. Cutler moved to reconsider the vote by which HB 1108 was passed.
The question being on Rep. Cutler's motion to reconsider the vote by which HB 1108 was
passed.
And the roll being called:
Yeas 33, Nays 35, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Chicoine; Cutler; Duniphan;
Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Johnson (Doug); Kooistra; Koskan;
Kredit; Madden; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson
(Bill); Pummel; Richter; Roe; Rost; Solum; Wick; Windhorst
Nays were:
Brown (Jarvis); Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury;
Fischer-Clemens; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold;
Lee; Lockner; Lucas; Monroe; Napoli; Putnam; Schaunaman; Schrempp; Smidt; Sokolow;
Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg
Excused were:
Barker; Cerny
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
Rep. Brown (Richard) moved that HB 1282 be referred from the Committee on Education
to the Committee on Appropriations.
Which motion prevailed and the bill was so referred.
HB 1135:
FOR AN ACT ENTITLED, An Act
to authorize production incentive payments
for ethanol derived from biomass.
Was read the second time.
The question being "Shall HB 1135 pass?"
And the roll being called:
Yeas 64, Nays 3, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine;
Collier; Crisp; Cutler; Davis; 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; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Pederson (Gordon);
Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Solum;
Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst
Nays were:
Munson (Donald); Napoli; Speaker Hagg
Excused were:
Barker; Cerny; Schrempp
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 requested that HB 1165 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
HB 1141:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
publication of certain public employees' salaries.
Was read the second time.
The question being "Shall HB 1141 pass?"
And the roll being called:
Yeas 63, Nays 2, Excused 4, Absent and Not Voting 1
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine;
Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-
Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden;
Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson
(Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Smidt; Sokolow; Solum; Sperry; Van
Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
de Hueck; Rost
Excused were:
Barker; Cerny; Duenwald; Schrempp
Absent and Not Voting were:
Lee
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 1167:
FOR AN ACT ENTITLED, An Act
to revise certain provisions concerning
appeals from decisions of county boards of equalization and to declare an emergency.
Was read the second time.
The question being "Shall HB 1167 pass?"
And the roll being called:
Nays were:
Windhorst
Excused were:
Barker; Cerny; Duenwald; Schrempp
Absent and Not Voting were:
Lee
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.
The question being "Shall HB 1204 pass as amended?"
And the roll being called:
Excused were:
Barker; Cerny; Duenwald; Schrempp
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 1021:
FOR AN ACT ENTITLED, An Act
to authorize the Board of Regents to
purchase a tract of land in Vermillion, Clay County, and to make an appropriation.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1021 pass?"
And the roll being called:
Yeas 58, Nays 7, Excused 4, Absent and Not Voting 1
Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier;
Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Fiegen; Fischer-
Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden;
Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill);
Pummel; Roe; Rost; Schaunaman; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky;
Waltman; Weber; Wick; Windhorst; Speaker Hagg
Nays were:
Apa; Eccarius; Gabriel; Napoli; Putnam; Richter; Wetz
Excused were:
Barker; Cerny; Duenwald; Schrempp
HB 1020:
FOR AN ACT ENTITLED, An Act
to authorize the Board of Regents to
construct a softball complex at the University of South Dakota and to make an appropriation
therefor.
Was read the second time.
The question being "Shall HB 1020 pass as amended?"
And the roll being called:
Yeas 53, Nays 13, Excused 3, Absent and Not Voting 1
Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier;
Crisp; Cutler; Davis; de Hueck; Diedrich; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald;
Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Konold;
Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson
(Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Smidt;
Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker Hagg
Nays were:
Apa; Derby; Duenwald; Eccarius; Gabriel;; Jaspers; Koetzle; Koskan; Monroe; Napoli; Putnam;
Richter; Wetz; Windhorst;
Excused were:
Barker; Cerny; Schrempp
Absent and Not Voting were:
Duniphan
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 1093:
FOR AN ACT ENTITLED, An Act
to increase the amount of property exempt
from process and to allow any person who is not the head of a family to claim an exemption in
certain bankruptcy proceedings.
Was read the second time.
Nays were:
Apa; Broderick; Derby; Wetz
Excused were:
Barker; Cerny; Schrempp
Absent and Not Voting were:
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 1212:
FOR AN ACT ENTITLED, An Act
to increase the salary of legislators.
Was read the second time.
The question being "Shall HB 1212 pass as amended?"
And the roll being called:
Yeas 50, Nays 17, Excused 3, Absent and Not Voting 0
Yeas were:
Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp;
Cutler; Davis; Diedrich; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel;
Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle;
Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Munson
(Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost;
Schaunaman; Sokolow; Solum; Sperry; Waltman; Wetz; Speaker Hagg
Excused were:
Barker; Cerny; Schrempp
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 1226:
FOR AN ACT ENTITLED, An Act
to provide a procedure for the petitioning
for change of certain agency policies.
Was read the second time.
Rep. Koskan moved that HB 1226 be deferred until Monday, February 2, the fifteenth
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1254:
FOR AN ACT ENTITLED, An Act
to revise certain provisions related to the
sale of titled vehicles.
Was read the second time.
The question being "Shall HB 1254 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine;
Collier; Crisp; Cutler; Davis; 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; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald);
Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Excused were:
Barker; Cerny; Schrempp
HB 1309:
FOR AN ACT ENTITLED, An Act
to revise certain restrictions for operating
a motor vehicle during farm operations by certain persons with an instructional or restricted
minor's permit.
Was read the second time.
Rep. Gabriel moved that HB 1309, 1166, 1050, and 1117 be deferred until Monday,
February 2, the fifteenth legislative day.
Which motion prevailed and the bills were so deferred.
HB 1070:
FOR AN ACT ENTITLED, An Act
to permit the sale of certain alcoholic
beverages on Memorial Day.
Was read the second time.
The question being "Shall HB 1070 pass?"
And the roll being called:
Yeas 36, Nays 29, Excused 3, Absent and Not Voting 2
Yeas were:
Belatti; Broderick; Brown (Gary); Chicoine; Cutler; Davis; Derby; Diedrich; Duenwald;
Duniphan; Eccarius; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Lockner;
Lucas; Madden; Matthews; McNenny; Napoli; Pederson (Gordon); Pummel; Putnam; Richter;
Roe; Rost; Schaunaman; Sokolow; Solum; Sperry; Wetz; Windhorst; Speaker Hagg
Nays were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Collier; Crisp; de Hueck; Duxbury; Fiegen;
Fitzgerald; Gabriel; Hassard; Hunt; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee;
Monroe; Moore; Munson (Donald); Peterson (Bill); Smidt; Van Gerpen; Volesky; Waltman;
Weber; Wick
Excused were:
Barker; Cerny; Schrempp
Absent and Not Voting were:
Fischer-Clemens; Koetzle
Speaker Pro tempore Hunt now presiding.
HB 1136:
FOR AN ACT ENTITLED, An Act
to revise certain requirements for the
denaturing of ethanol alcohol.
Was read the second time.
The question being "Shall HB 1136 pass?"
And the roll being called:
Yeas 65, Nays 2, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine;
Collier; Crisp; Cutler; Davis; 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; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald);
Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg
Nays were:
Wick; Windhorst
Excused were:
Barker; Cerny; Schrempp
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 1232:
FOR AN ACT ENTITLED, An Act
to provide for confidentiality for trade
secrets or commercial or financial information provided to municipalities.
Was read the second time.
Rep. Jorgensen moved that HB 1232 be deferred until Monday, February 2nd, the 15th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 32:
FOR AN ACT ENTITLED, An Act
to authorize expenditures out of the water and
environment fund and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 34:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
required use of diver-down flags and mandatory motorboat distance restrictions.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 105:
FOR AN ACT ENTITLED, An Act
to permit evidence of similar crimes in
prosecutions for child molestation.
Was read the first time and referred to the Committee on Judiciary.
SB 106:
FOR AN ACT ENTITLED, An Act
to permit evidence of similar crimes in
prosecutions for sexual assault.
Was read the first time and referred to the Committee on Judiciary.
SB 107:
FOR AN ACT ENTITLED, An Act
to permit evidence of prior sexual assault or
child molestation offenses in certain civil actions.
Was read the first time and referred to the Committee on Judiciary.
SB 117:
FOR AN ACT ENTITLED, An Act
to prevent the inclusion of certain conditions
in motor vehicle franchise agreements.
Was read the first time and referred to the Committee on Transportation.
SB 118:
FOR AN ACT ENTITLED, An Act
to exempt service contracts from the
insurance code.
Was read the first time and referred to the Committee on Commerce.
SB 132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the perfecting of liens created by unpaid child support.
SB 133:
FOR AN ACT ENTITLED, An Act
to provide for felony enhancement for third
offense simple assault.
Was read the first time and referred to the Committee on Judiciary.
SB 137:
FOR AN ACT ENTITLED, An Act
to provide for an emergency vehicle dealer's
license and to declare an emergency.
Was read the first time and referred to the Committee on Transportation.
SB 157:
FOR AN ACT ENTITLED, An Act
to define and tax cider as an alcoholic
beverage.
Was read the first time and referred to the Committee on Taxation.
Rep. Kooistra moved that the House do now adjourn, which motion prevailed, and at 2:10
p.m. the House adjourned.