The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of
Allegiance led by House page Kendra Jorgensen.
Roll Call: All members present except Reps. Jarvis Brown, Burg, Duenwald, and Solum
who were excused.
The Committee on Commerce respectfully reports that it has had under consideration HB
1085 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1086 and returns the same with the recommendation that said bill do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1040 and returns the same with the recommendation that said bill do pass.
MR. SPEAKER:
I have the honor to transmit herewith SB 21 which has passed the Senate and your
favorable consideration is respectfully requested.
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Seventy-fifth Legislature of the State of South Dakota to Wyatt Ammon, Olescia
Anderson, Natalie Edberg, Kendra Jorgensen, Allison Knutson, Kimberly Maxwell, Jodie
Reede, Joseph Severance, Summer Simunek, Codi Skjoldal, Sandra Storer, and Karen
Williams.
WHEREAS, the above named served loyally as pages for the House of Representatives of
the Seventy-fifth Legislative Session; and
WHEREAS, the members of the Seventy-fifth House of Representatives express their most
sincere appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in life:
Rep. Cutler moved that House Page Resolution 1 be adopted.
Which motion prevailed and the resolution was adopted.
HCR 1006
Introduced by:
Representatives Hennies, Brooks, Brown (Richard), Clark,
Duniphan, Fitzgerald, Koehn, Lintz, McCoy, McIntyre, Munson (Donald), and Wilson and
Senators Ham, Albers, Brosz, Flowers, Lawler, Madden, Reedy, Staggers, and Vitter
A CONCURRENT RESOLUTION,
Requesting the designation of a portion of U.S. Highway
83 as Pearl Harbor Memorial Highway.
to make such a designation and to provide for the proper posting of that highway as a fitting
means of honoring South Dakota's war-time veterans.
Was read the first time and referred to the Committee on Transportation.
Rep. Cutler moved that HCR 1003 be referred from the Committee on State Affairs to the
Committee on Transportation.
Which motion prevailed and the resolution was so referred.
HB 1226
Introduced by:
Representatives Wetz, Diedrich (Larry), Duenwald, McNenny,
Monroe, Napoli, and Sebert and Senators Duxbury, Drake, Flowers, Frederick, Madden,
Symens, and Vitter
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the surrender of
license plates for certain overweight vehicle offenses.
Was read the first time and referred to the Committee on Transportation.
HB 1227
Introduced by:
Representative Napoli
FOR AN ACT ENTITLED, An Act to
prohibit the closure of a certain exit on an interstate
highway.
Was read the first time and referred to the Committee on Transportation.
HB 1229
Introduced by:
Representatives Diedtrich (Elmer), Engbrecht, and Sutton (Duane)
and Senator Lawler
FOR AN ACT ENTITLED, An Act to
designate kuchen as the official state dessert.
Was read the first time and referred to the Committee on State Affairs.
HB 1230
Introduced by:
Representatives Volesky, Burg, Chicoine, Davis, Haley, Koehn,
Koetzle, Lockner, Lucas, McIntyre, Patterson, and Waltman and Senators Flowers, Dennert,
Dunn (Rebecca), Kloucek, Lange, Lawler, and Reedy
FOR AN ACT ENTITLED, An Act to
prohibit the maintenance and operation of certain
boot camp programs.
Was read the first time and referred to the Committee on State Affairs.
HB 1231
Introduced by:
Representative Volesky and Senators Staggers, Flowers, and
Kloucek
FOR AN ACT ENTITLED, An Act to
extend the time for independent presidential
candidates to file nominating petitions.
Was read the first time and referred to the Committee on State Affairs.
HB 1232
Introduced by:
Representatives Roe, Chicoine, Koehn, Lockner, Patterson, Sutton
(Duane), Volesky, Waltman, and Weber and Senators Brown (Arnold), Flowers, and Ham
FOR AN ACT ENTITLED, An Act to
establish a system for measuring and billing a
renewable energy source provided by a customer-generator.
Was read the first time and referred to the Committee on Transportation.
HB 1233
Introduced by:
Representatives Klaudt, Engbrecht, Fryslie, Kazmerzak, Lucas,
and Monroe and Senators Lawler and Rounds
FOR AN ACT ENTITLED, An Act to
adjust the salary schedule for county officials.
HB 1234
Introduced by:
Representatives Klaudt, Brooks, Clark, Duenwald, Fiegen,
Fischer-Clemens, Fitzgerald, Garnos, McCoy, and Wetz and Senators Bogue, Benson, Dennert,
Drake, Kleven, Lange, and Lawler
FOR AN ACT ENTITLED, An Act to
increase the rates paid to elderly nutrition sites by
the rate of inflation.
Was read the first time and referred to the Committee on Taxation.
HB 1235
Introduced by:
Representatives Young, Juhnke, McCoy, Monroe, Sebert, and
Slaughter and Senators Whiting, Benson, and Frederick
FOR AN ACT ENTITLED, An Act to
restrict the use of public property for political
purposes.
Was read the first time and referred to the Committee on Local Government.
HB 1236
Introduced by:
Representatives Juhnke, Brooks, Brown (Richard), McCoy, and
Monroe and Senators Hutmacher, Benson, and Ham
FOR AN ACT ENTITLED, An Act to
establish the South Dakota teacher incentive student
loan repayment program and to make an appropriation therefor.
Was read the first time and referred to the Committee on Education.
HB 1237
Introduced by:
Representatives Derby, Apa, Brown (Richard), Crisp, Diedrich
(Larry), Duenwald, Duniphan, Earley, Garnos, Jaspers, Klaudt, McNenny, Napoli, Pummel,
Richter, Sutton (Daniel), Wetz, Wilson, Wudel, and Young and Senators Dunn (Jim), Bogue,
Ham, Hutmacher, Kleven, and Shoener
FOR AN ACT ENTITLED, An Act to
authorize additional licenses to sell alcoholic
beverages in certain convention facilities in certain municipalities.
Was read the first time and referred to the Committee on Local Government.
HB 1238
Introduced by:
Representatives Brown (Jarvis), Brown (Richard), Cutler,
Duniphan, Fischer-Clemens, Haley, and Michels and Senators Munson (David), Daugaard,
Flowers, and Moore
FOR AN ACT ENTITLED, An Act to provide that a temporary restraining order may extend beyond thirty days in certain circumstances.
HB 1239
Introduced by:
Representatives Fischer-Clemens, Brown (Jarvis), Chicoine,
Davis, Haley, Klaudt, Koehn, Koetzle, Kooistra, Lockner, Lucas, McIntyre, Patterson,
Waltman, and Wilson and Senators Hutmacher, Brown (Arnold), Daugaard, Dunn (Rebecca),
Duxbury, and Flowers
FOR AN ACT ENTITLED, An Act to
limit the use of mechanical restraints in juvenile
correctional facilities.
Was read the first time.
HB 1240
Introduced by:
Representatives Nachtigal, Burg, Duenwald, Hanson, and Weber
and Senators Dennert and Symens
FOR AN ACT ENTITLED, An Act to
repeal the restriction on the number of certain
nonresident waterfowl licenses that may be issued.
Was read the first time.
HB 1241
Introduced by:
Representatives Eccarius, Apa, Brown (Jarvis), Cerny, Crisp,
Diedtrich (Elmer), Duenwald, Duniphan, Earley, Fryslie, Heineman, Hennies, Hunt, Jaspers,
Juhnke, Klaudt, Koehn, Koskan, McCoy, McNenny, Michels, Monroe, Napoli, Peterson,
Pummel, Putnam, Smidt, Sutton (Duane), Weber, Wudel, and Young and Senators Everist,
Benson, Bogue, Frederick, Hainje, Ham, Lawler, Madden, Shoener, Staggers, Vitter, and
Whiting
FOR AN ACT ENTITLED, An Act to
authorize the establishment of voucher schools and
the issuance of nonsectarian vouchers to pay a portion of the costs associated with certain
transfer students.
Was read the first time.
HB 1242
Introduced by:
Representative Weber and Senators Dennert and Duxbury
FOR AN ACT ENTITLED, An Act to
revise the number of nonresident waterfowl
licenses.
Was read the first time.
HB 1243 Introduced by: Representatives Peterson, Brown (Jarvis), Brown (Richard), Clark, Fischer-Clemens, Lucas, McCoy, Michels, Sutton (Duane), and Wilson and Senators Daugaard, Lawler, Madden, Symens, and Whiting
HB 1244
Introduced by:
Representatives Clark, Apa, Brown (Jarvis), Brown (Richard),
Derby, Diedtrich (Elmer), Engbrecht, Garnos, Hagen, Hennies, Juhnke, Klaudt, McCoy,
Michels, Munson (Donald), Slaughter, Smidt, Sutton (Duane), Wilson, Wudel, and Young and
Senators Hainje, Brown (Arnold), Ham, Kleven, Paisley, and Reedy
FOR AN ACT ENTITLED, An Act to
appropriate money for the children of alumni
scholarships program.
Was read the first time.
HB 1245
Introduced by:
Representative Volesky and Senators Moore, Duxbury, Flowers,
and Symens
FOR AN ACT ENTITLED, An Act to
establish an ombudsman to represent youth
offenders.
Was read the first time.
HB 1246
Introduced by:
Representatives Munson (Donald), Crisp, Earley, Garnos, Jaspers,
Sebert, Weber, and Young and Senators Munson (David), Drake, and Hainje
FOR AN ACT ENTITLED, An Act to
exempt certain transfers of property used for
agricultural or business purposes from the inheritance tax.
Was read the first time.
HB 1247
Introduced by:
Representatives Burg, Crisp, Hagen, Lockner, and Nachtigal and
Senators Duxbury, Dennert, Hainje, and Kleven
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to ambulance
districts.
Was read the first time.
HB 1248
Introduced by:
Representatives Kooistra, Diedtrich (Elmer), Engbrecht, Klaudt,
Koehn, McCoy, Monroe, Sutton (Duane), and Weber and Senators Reedy, Flowers, Munson
(David), Valandra, and Vitter
HB 1249
Introduced by:
Representatives Sutton (Daniel), Crisp, Davis, Fischer-Clemens,
Garnos, Haley, Kooistra, McIntyre, Nachtigal, and Wilson and Senators Olson, Dennert, Reedy,
and Staggers
FOR AN ACT ENTITLED, An Act to
provide for the development and administration by
the state of certain standardized academic achievement tests.
Was read the first time.
HB 1250
Introduced by:
Representatives Young, Clark, Derby, Diedtrich (Elmer),
Duenwald, Duniphan, Earley, Eccarius, Engbrecht, Fiegen, Fitzgerald, Jaspers, Juhnke, Klaudt,
Koskan, McCoy, McNenny, Michels, Napoli, Pummel, Richter, Sebert, Slaughter, and Sutton
(Duane) and Senators Whiting, Benson, Bogue, Drake, Madden, Shoener, and Vitter
FOR AN ACT ENTITLED, An Act to
provide for certain election or campaign finance
reforms.
Was read the first time and referred to the Committee on State Affairs.
HB 1251
Introduced by:
Representatives Fitzgerald, Apa, Brooks, Brown (Jarvis), Burg,
Chicoine, Clark, Crisp, Davis, Earley, Fischer-Clemens, Fryslie, Hagen, Kooistra, Lockner,
Lucas, McCoy, McIntyre, Patterson, Peterson, Sebert, Slaughter, and Young and Senators
Kleven, Drake, Lawler, and Vitter
FOR AN ACT ENTITLED, An Act to
require secondary schools to offer parenting classes
for academic credit.
Was read the first time and referred to the Committee on Education.
HB 1252
Introduced by:
Representative Earley
FOR AN ACT ENTITLED, An Act to
require the offering and rejecting of certain health
benefits in certain health benefit plans.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1253 Introduced by: Representatives Earley, Broderick, Diedtrich (Elmer), and Konold and Senators Vitter, Halverson, and Shoener
The following bills have had their first reading and the Speaker assigned them to the
following committees:
HB 1224 was referred to the Committee on Commerce.
HB 1225 was referred to the Committee on State Affairs.
HJR 1003 was referred to the Committee on Taxation.
HB 1052:
FOR AN ACT ENTITLED, An Act to
codify the legislation passed in 1999.
Was read the second time.
The question being "Shall HB 1052 pass?"
And the roll being called:
Yeas 63, Nays 0, Excused 4, Absent and Not Voting 3
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Engbrecht; Fiegen; Fischer-
Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; 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; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton
(Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Excused were:
Brown (Jarvis); Burg; Duenwald; Solum
Absent and Not Voting were:
Eccarius; Koehn; Richter
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. Davis requested that HB 1055 be removed from the Consent Calendar.
SB 40:
FOR AN ACT ENTITLED, An Act to
revise certain water supply and treatment
system operator certification provisions to comply with the requirements of the federal Safe
Drinking Water Act.
Was read the second time.
The question being "Shall SB 40 pass?"
And the roll being called:
Yeas 61, Nays 4, Excused 4, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies;
Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy;
McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel;
Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky;
Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Klaudt; Koskan; Monroe; Napoli
Excused were:
Brown (Jarvis); Burg; Duenwald; Solum
Absent and Not Voting were:
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.
HB 1022:
FOR AN ACT ENTITLED, An Act to
revise and repeal certain hunting,
trapping, and fishing activities, restrictions, and prohibitions, and certain game and fish storage
and transportation requirements, and to provide for a penalty.
Was read the second time.
Rep. Kazmerzak moved that HB 1022 be deferred until Monday, January 24th, the 10th legislative day.
HB 1023:
FOR AN ACT ENTITLED, An Act to
prohibit the use of certain equipment in
hunting activities at night, to provide certain exemptions from such prohibition, and to revise
a related penalty.
Was read the second time.
Rep. Juhnke moved that HB 1023 be deferred until Monday, January 24th, the 10th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1009:
FOR AN ACT ENTITLED, An Act to
redefine what marks are prohibited on
a ballot and to require the county auditor to provide certain directions in conducting a recount.
Was read the second time.
The question being "Shall HB 1009 pass as amended?"
And the roll being called:
Yeas 56, Nays 9, Excused 4, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fischer-
Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers;
Juhnke; Kazmerzak; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; Michels;
Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter;
Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young;
Speaker Hunt
Nays were:
Fiegen; Klaudt; Konold; Koskan; McCoy; Monroe; Napoli; Sebert; Wetz
Excused were:
Brown (Jarvis); Burg; Duenwald; Solum
Absent and Not Voting were:
McNenny
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.
The question being "Shall HB 1065 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies;
Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; 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; Sutton
(Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker
Hunt
Excused were:
Brown (Jarvis); Burg; Duenwald; Solum
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 1015:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to open
enrollment.
Was read the second time.
The question being "Shall HB 1015 pass?"
And the roll being called:
Yeas 63, Nays 2, Excused 4, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies;
Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Excused were:
Brown (Jarvis); Burg; Duenwald; Solum
Absent and Not Voting were:
McNenny
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 21:
FOR AN ACT ENTITLED, An Act to
allow for additional public distribution of
sex offender information.
Was read the first time and referred to the Committee on Judiciary.
Rep. Engbrecht moved that the House do now adjourn, which motion prevailed, and at 1:52
p.m. the House adjourned.