The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge
of Allegiance led by House page Kevin Arbach.
Roll Call: All members present except Reps. Jarvis Brown, Duniphan, Haley, and Koehn
who were excused.
Rep. Hunt introduced Elizabeth Y.F. Chu, Director General of the Taipei Economic and
Cultural Office in Kansas City, who spoke briefly, and Gordon C.H. Yang, Assistant to the
Director General.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1109 and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB 19,
20, 21, and 30 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
Section 3. That
§
22-42-4
be amended to read as follows:
22-42-4.
Except as authorized by this chapter or chapter 34-20B, no person may
manufacture, distribute, or dispense a substance listed in Schedule IV; possess with intent to
manufacture, distribute, or dispense, a substance listed in Schedule IV; create or distribute a
counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit
substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the
distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. A first
conviction under this section shall be punished by a mandatory sentence in the state penitentiary
or county jail of at least thirty days, which sentence may not be suspended. A second or
subsequent conviction under this section shall be punished by a mandatory penitentiary or
county jail sentence of at least one year, which sentence may not be suspended. A civil penalty
may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this
section not to exceed ten thousand dollars.
Notwithstanding any other provision of this section,
a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4
felony, but in all other cases under this section is a Class 5 felony.
"
The Committee on Judiciary respectfully reports that it has had under consideration SB 66
and returns the same with the recommendation that said bill be referred to the Committee on
Transportation.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1143 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1100, 1118, and 1154 which were deferred to the 41st legislative day.
MR. SPEAKER:
I have the honor to return herewith HB 1016, 1017, 1018, and 1029 which have passed the
Senate without change.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 25, 68, 76, 93, 97, 112, and 114 which have
passed the Senate and your favorable consideration is respectfully requested.
Rep. Michels moved that SB 66 be referred from the Committee on Judiciary to the
Committee on Transportation.
Which motion prevailed and the bill was so referred.
Yesterday, Rep. Donald Munson announced his intention to reconsider the vote by which
HB 1015 was lost.
Rep. Donald Munson moved to reconsider the vote by which HB 1015 was lost.
Nays were:
Burg; Hagen; Volesky
Excused were:
Brown (Jarvis); Duniphan; Haley; Koehn
Absent and Not Voting were:
Putnam
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1015 was up for reconsideration and final passage.
Rep. Donald Munson moved that HB 1015 be deferred until Wednesday, February 3rd,
the 17th legislative day.
Which motion prevailed and the bill was so deferred.
HB 1240 was referred to the Committee on State Affairs.
HB 1241 was referred to the Committee on Taxation.
HB 1242 was referred to the Committee on Taxation.
HB 1243 was referred to the Committee on Education.
HB 1244 was referred to the Committee on State Affairs.
HB 1245 was referred to the Committee on State Affairs.
HB 1246 was referred to the Committee on Local Government.
HB 1247 was referred to the Committee on Judiciary.
HB 1248 was referred to the Committee on State Affairs.
HB 1249
Introduced by:
Representatives Richter, Apa, Brown (Jarvis), Davis, Duniphan,
and Volesky and Senators Drake, Everist, Hutmacher, and Symens
FOR AN ACT ENTITLED, An Act to
permit court-ordered temporary custody of certain
juveniles who reoffend the drinking and driving statutes.
HB 1250
Introduced by:
Representatives Lucas, Fischer-Clemens, Haley, McCoy,
McIntyre, and Patterson and Senators Olson, Dunn (Rebecca), Kloucek, Moore, and Munson
(David)
FOR AN ACT ENTITLED, An Act to
authorize leave for employees to attend certain
school or child care functions involving their children.
Was read the first time and referred to the Committee on State Affairs.
HB 1251
Introduced by:
Representatives Brown (Richard), Brooks, Brown (Jarvis), Earley,
Eccarius, Garnos, Hennies, Lucas, McCoy, Monroe, and Peterson and Senators Brown (Arnold),
Everist, and Vitter
FOR AN ACT ENTITLED, An Act to
establish the A+ Schools Program and the A+
Schools Partnership Fund.
Was read the first time and referred to the Committee on Education.
HB 1252
Introduced by:
Representatives Cerny, Hanson, and Waltman and Senators Lange
and Moore
FOR AN ACT ENTITLED, An Act to
increase the amount exempt from taxation for
agricultural structures.
Was read the first time and referred to the Committee on Taxation.
HB 1253
Introduced by:
Representatives Lucas, Burg, Cerny, and Haley and Senators
Dennert and Hutmacher
FOR AN ACT ENTITLED, An Act to
transfer revenue from the employer's investment
in South Dakota's future fund to the general fund.
Was read the first time and referred to the Committee on State Affairs.
HB 1254
Introduced by:
Representatives Clark, Brown (Richard), Cutler, Diedtrich
(Elmer), Engbrecht, Hennies, Klaudt, McCoy, Roe, Slaughter, Smidt, Sutton (Duane), and
Young and Senators Vitter, Benson, Drake, Kleven, and Madden
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to local government
officer conflicts of interest.
Was read the first time and referred to the Committee on Local Government.
HB 1256
Introduced by:
Representative Diedtrich (Elmer)
FOR AN ACT ENTITLED, An Act to
revise certain provisions to limit the cancellation
of certain insurance policies.
Was read the first time and referred to the Committee on Commerce.
HB 1257
Introduced by:
Representatives Peterson and Richter and Senators Everist and
Madden
FOR AN ACT ENTITLED, An Act to
revise how certain alcoholic beverage licenses are
issued to certain nonprofit organizations by a municipality or county.
Was read the first time and referred to the Committee on Local Government.
HB 1258
Introduced by:
Representatives Peterson, Fischer-Clemens, Jaspers, Koetzle, and
Munson (Donald) and Senators Munson (David), Brown (Arnold), Drake, and Flowers
FOR AN ACT ENTITLED, An Act to
exempt car rental companies from certain insurance
regulations.
Was read the first time and referred to the Committee on Commerce.
HB 1259
Introduced by:
Representatives Sebert, Burg, Duenwald, Fryslie, Solum, and
Sutton (Duane) and Senators Flowers, Drake, and Duxbury
FOR AN ACT ENTITLED, An Act to
prohibit the keeping of a place where marijuana is
used or distributed.
Was read the first time and referred to the Committee on Judiciary.
HB 1260
Introduced by:
The Committee on Appropriations at the request of the Governor
FOR AN ACT ENTITLED, An Act to
make an appropriation to provide for certain tax
refunds for elderly and disabled persons.
HB 1261
Introduced by:
Representatives Solum, Broderick, Fischer-Clemens, Fryslie,
Kazmerzak, Konold, Munson (Donald), Pummel, and Sebert and Senators Daugaard, Brosz,
Reedy, and Shoener
FOR AN ACT ENTITLED, An Act to
revise certain insurance requirements for vehicles.
Was read the first time and referred to the Committee on Commerce.
HB 1262
Introduced by:
Representatives Apa, Crisp, Napoli, and Sutton (Duane) and
Senators Albers and Brown (Arnold)
FOR AN ACT ENTITLED, An Act to
provide a procedure to form a road district if there
is three or less landowners.
Was read the first time and referred to the Committee on Local Government.
HB 1263
Introduced by:
Representatives Jaspers and Diedrich (Larry) and Senators Drake
and Hainje
FOR AN ACT ENTITLED, An Act to
establish the agricultural chemical response and
remediation account.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1264
Introduced by:
Representatives Fischer-Clemens, Cutler, and Haley and Senators
Everist, Halverson, and Hutmacher
FOR AN ACT ENTITLED, An Act to
clarify the meaning of the term, biologically-based
mental illness.
Was read the first time and referred to the Committee on Commerce.
HJR 1005
Introduced by:
Representatives McNenny, Diedrich (Larry), and Waltman and
Senators Benson and Moore
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article VIII of the Constitution of the State of South Dakota, relating
to the classification of property for purposes of taxation.
Was read the first time and referred to the Committee on State Affairs.
Rep. Wilson requested that HB 1091 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
Rep. Cutler requested that HB 1099 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
HB 1089:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
appointment of insurance agents.
Was read the second time.
The question being "Shall HB 1089 pass?"
And the roll being called:
Yeas 57, Nays 6, Excused 6, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-
Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak;
Koetzle; Konold; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels;
Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert;
Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Windhorst;
Wudel; Speaker Hunt
Nays were:
Cutler; Klaudt; Napoli; Weber; Wetz; Young
Absent and Not Voting were:
Wilson
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 1151:
FOR AN ACT ENTITLED, An Act to
revise the property tax levies for the
general fund of a school district.
Was read the second time.
The question being "Shall HB 1151 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy;
McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel);
Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker
Hunt
Excused were:
Brown (Jarvis); Duniphan; Haley; Koehn
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. Crisp moved that HB 1126 be deferred until Monday, February 1st, the 15th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 25:
FOR AN ACT ENTITLED, An Act to
authorize the sale, exchange, or demolition
of a farmhouse, garage, and corncrib/granary located on the Southeast Agricultural Experiment
Station, to replace the dwelling, and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
SB 68:
FOR AN ACT ENTITLED, An Act to
increase the fees the sheriff is allowed for
collecting taxes.
Was read the first time and referred to the Committee on Taxation.
SB 76:
FOR AN ACT ENTITLED, An Act to
constitute corporate acknowledgment as
prima facie evidence of authority to execute certain documents.
Was read the first time and referred to the Committee on Judiciary.
SB 93:
FOR AN ACT ENTITLED, An Act to
revise certain exemptions relating to the
hauling of agricultural products or livestock from farms.
Was read the first time and referred to the Committee on Transportation.
SB 97:
FOR AN ACT ENTITLED, An Act to
extend the time period during which
previous driving while intoxicated convictions may be considered for determining subsequent
offenses.
Was read the first time and referred to the Committee on Judiciary.
SB 112:
FOR AN ACT ENTITLED, An Act to
allow municipalities operating under the
commissioner form of government to determine the frequency of their meetings.
Was read the first time and referred to the Committee on Local Government.
SB 114:
FOR AN ACT ENTITLED, An Act to
provide for the termination of the
decedent's interest in the joint tenancy of a surviving spouse by an interested party under certain
circumstances.
Was read the first time and referred to the Committee on Judiciary.
SB 9:
FOR AN ACT ENTITLED, An Act to
revise certain remittance procedures for
county registers of deeds and sheriffs.
Was read the second time.
The question being "Shall SB 9 pass?"
And the roll being called:
Yeas 65, Nays 1, Excused 4, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre;
McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton
(Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
Nays were:
Klaudt
Excused were:
Brown (Jarvis); Duniphan; Haley; Koehn
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. Engbrecht moved that the House do now adjourn, which motion prevailed, and at 1:54
p.m. the House adjourned.