The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Vicar Jonathan Schroeder, followed by the Pledge
of Allegiance led by House page Sherry Happel.
Roll Call: All members present except Rep. Gabriel who was excused.
The Committee on Commerce respectfully reports that it has had under consideration HB
1251 and 1324 and returns the same with the recommendation that said bills do pass.
The Committee on Commerce respectfully reports that it has had under consideration HB
1126 and 1249 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Commerce respectfully reports that it has had under consideration HB
1072 and 1265 which were deferred to the 36th legislative day.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1013 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
1184 and 1219 which were deferred to the 36th legislative day.
The Committee on Taxation respectfully reports that it has had under consideration HB
1233 and 1284 and returns the same with the recommendation that said bills do pass.
The Committee on Taxation respectfully reports that it has had under consideration HB
1002, 1016, and 1261 which were tabled.
The Committee on Taxation respectfully reports that it has had under consideration HB
1181, 1202, and 1297 which were deferred to the 36th legislative day.
The Committee on Education respectfully reports that it has had under consideration HB
1145 and 1187 which were deferred to the 36th legislative day.
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1223 and returns the same with the recommendation that said bill do
pass.
"
Section
1.
That chapter 41-6 be amended by adding thereto a NEW SECTION to read as
follows:
Section
2.
That chapter 41-6 be amended by adding thereto a NEW SECTION to read as
follows:
I have the honor to transmit herewith SB 44, 141, 152, and 179 which have passed the
Senate and your favorable consideration is respectfully requested.
Yesterday, Rep. Cutler announced his intention to reconsider the vote by which HB 1229
was lost.
Rep. Cutler moved to reconsider the vote by which HB 1229 was lost.
The question being on Rep. Cutler's motion to reconsider the vote by which HB 1229 was
lost.
And the roll being called:
Yeas 59, Nays 8, Excused 1, Absent and Not Voting 2
Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Crisp;
Cutler; Davis; de Hueck; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens;
Fitzgerald; 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); Pederson (Gordon); Peterson (Bill);
Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen;
Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg
Nays were:
Apa; Barker; Cerny; Collier; Derby; Napoli; Richter; Windhorst
Excused were:
Gabriel
Absent and Not Voting were:
Eccarius; Putnam
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1229 was up for reconsideration and final passage.
Rep. Cutler moved that HB 1229 be deferred until Tuesday, February 10, the 21st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1107:
FOR AN ACT ENTITLED, An Act
to change the location for the Department
of Transportation to file the resolution concerning the acquisition of right-of-way.
Was read the second time.
The question being "Shall HB 1107 pass?"
And the roll being called:
Yeas 49, Nays 19, Excused 2, Absent and Not Voting 0
Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Chicoine; Collier; Crisp; Davis;
Derby; Diedrich; Duenwald; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen;
Haley; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner;
Lucas; Madden; Matthews; Moore; Munson (Donald); Napoli; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick;
Windhorst; Speaker Hagg
Nays were:
Apa; Barker; Brown (Richard); Cerny; Cutler; de Hueck; Duniphan; Eccarius; Hunt; Jaspers;
Jorgensen; Koskan; McNenny; Monroe; Pederson (Gordon); Peterson (Bill); Pummel; Richter;
Wetz
Excused were:
Gabriel; Putnam
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. Schaunaman requested that SB 81 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
HB 1117:
FOR AN ACT ENTITLED, An Act
to revise the county bonding authority.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1117 pass?"
And the roll being called:
Yeas 23, Nays 45, Excused 2, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Cerny; Chicoine; Collier; Davis; Derby; Duniphan; Duxbury; Fischer-Clemens;
Hagen; Hassard; Johnson (Doug); Jorgensen; Kazmerzak; Lee; Lockner; Matthews; Pummel;
Schrempp; Sokolow; Sperry; Waltman
Nays were:
Apa; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; Cutler; de
Hueck; Diedrich; Duenwald; Eccarius; Fiegen; Fitzgerald; Gleason; Haley; Hunt; Jaspers;
Koetzle; Konold; Kooistra; Koskan; Kredit; Lucas; Madden; McNenny; Monroe; Moore;
Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Richter; Roe; Rost;
Schaunaman; Smidt; Solum; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker
Hagg
Excused were:
Gabriel; Putnam
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1178:
FOR AN ACT ENTITLED, An Act
to allow the use of absentee voting in certain
township elections.
Was read the second time.
"
Section
3.
That
§
8-3-1.1
be amended to read as follows:
8-3-1.1.
The board of supervisors of a township may, by ordinance, require a candidate for
township office to file a nominating petition pursuant to
§
8-3-1.2.
If a township has fifty or
more registered voters, ten percent or more of the registered voters may file a petition, by
October first, requesting that nomination petitions be filed by all candidates for township office.
If such petition is filed, the board of supervisors shall adopt a resolution requiring each
candidate for township office to file a nominating petition pursuant to
§
8-3-1.2.
"
The question being "Shall HB 1178 pass as amended?"
And the roll being called:
Yeas 44, Nays 21, Excused 3, Absent and Not Voting 2
Yeas were:
Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Duenwald;
Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Jaspers;
Jorgensen; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Matthews; Monroe; Moore;
Munson (Donald); Peterson (Bill); Pummel; Rost; Schaunaman; Schrempp; Smidt; Sokolow;
Solum; Sperry; Volesky; Waltman; Weber; Windhorst; Speaker Hagg
Nays were:
Apa; Broderick; Brooks; Brown (Gary); Brown (Richard); Cutler; Diedrich; Eccarius; Fiegen;
Hunt; Johnson (Doug); Konold; Koskan; Kredit; Madden; McNenny; Napoli; Richter; Roe; Van
Gerpen; Wetz
Excused were:
Belatti; Gabriel; Putnam
Absent and Not Voting were:
Pederson (Gordon); Wick
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. Gleason moved that the title to HB 1178 be amended as follows:
The question being "Shall HB 1037 pass as amended?"
And the roll being called:
Yeas 64, Nays 4, Excused 2, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; 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;
Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum;
Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg
Nays were:
Apa; Eccarius; Pederson (Gordon); Windhorst
Excused were:
Gabriel; Putnam
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 1252:
FOR AN ACT ENTITLED, An Act
to provide for the insertion of certain
language in marriage licenses.
Was read the second time.
The question being "Shall HB 1252 pass as amended?"
And the roll being called:
Yeas 50, Nays 17, Excused 2, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard);
Collier; Cutler; de Hueck; Derby; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens;
Fitzgerald; Gleason; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak;
Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Munson
(Donald); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Smidt; Solum; Sperry; Van
Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Excused were:
Gabriel; Putnam
Absent and Not Voting were:
Diedrich
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. Hunt moved that the title to HB 1252 be amended as follows:
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1270 and returns the same with the recommendation that said bill do pass.
" 1-26-18.3. In a contested case, if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may
require the agency to use the Office of Hearing Examiners by giving notice of the request no
later than ten days prior to the hearing. Except as otherwise provided for cases arising under
Title 61, if
such requesting party does not prevail, the Office of Hearing Examiners shall require
the requesting party to pay the cost of the services rendered in hearing the contested case
a
petition for hearing is determined to be frivolous or made in bad faith, the Office of Hearing
Examiners shall impose upon the requesting party, the cost of the services rendered in hearing
the contested case
.
"
"
Section 1. That
§
1-26D-4
be amended to read as follows:
1-26D-4.
Hearing examiners have all powers delineated in
§
§
1-26-19.1 and 1-26-19.2 and
shall hear all contested cases that arise under Titles 10 and 58
and chapter 3-12A
.
"
"
"
Section 1. That
§
36-4-26.2
be amended to read as follows:
36-4-26.2.
Section 36-4-26.1
shall not apply
applies neither to facts associated with a
patient's treatment and care nor
to patient records prepared in conjunction with treatment and
care rendered to a patient who is a party to an action or proceeding, the subject matter of which
is the care and treatment of
said
the
patient. Furthermore, after the notification of adverse parties
as hereinafter provided,
§
36-4-26.1
shall
does
not apply to the proceedings, records, reports,
statements, minutes
,
or other data of any committee, department, section, board of directors, or
group covered by
§
36-4-26.1, in so far as they relate to the statements or opinions of a member
thereof made or rendered at its meeting,
where such
if the
member is called as a witness on
behalf of any party in an action involving the quality, type
,
or necessity of such care rendered
,
provided that
. However
:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1147, 1159, and 1227 which were deferred to the 36th legislative day.
SB 44:
FOR AN ACT ENTITLED, An Act
to revise the methods of compensating the
administrator of the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 141:
FOR AN ACT ENTITLED, An Act
to allow any person with the authorization
of law enforcement or the Department of Social Services to take photographs, videotapes, or
electronic images of a child if abuse or neglect is suspected.
Was read the first time and referred to the Committee on Judiciary.
SB 152:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding school
days and school terms.
Was read the first time and referred to the Committee on Education.
HC 1002
Introduced by:
Representatives Brown (Richard), Apa, Brooks, Duniphan,
Fischer-Clemens, Fitzgerald, Hunt, Jorgensen, Matthews, McNenny, Moore, Munson (Donald),
and Pummel and Senators Everist, Dunn (Jim), Hunhoff, Kleven, Munson (David), Olson, and
Whiting
A LEGISLATIVE COMMEMORATION,
Commending and honoring the 1996-1997
Outstanding School Administrators of South Dakota.
Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed,
and at 2:48 p.m. the House adjourned.