The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the seventh day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1026 and
1030 and returns the same with the recommendation that said bills
do pass.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1028 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1027 and returns the same with the recommendation that said bill be amended
as follows:
"
Section 1. That
§
1-36A-5
be amended to read as follows:
1-36A-5.
There is hereby created a Board of Vocational Rehabilitation.
The board shall be
composed of no more than twelve members appointed by the Governor, of which a majority
shall be persons who are individuals with disabilities. Each member of the board shall be
appointed to serve a term of three years. No member of the board may serve more than two
consecutive full terms. No more than seven members of the board may be of the same political
party.
"
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1029 and returns the same with the recommendation that said bill be amended
as follows:
"
Section 1. That
§
28-10-25
be amended to read as follows:
28-10-25.
There is hereby created a Board of Service to the Blind and Visually Impaired.
The board shall be composed of no more than twelve members appointed by the Governor, of
which a majority shall be persons who are blind or severely visually impaired. Each member of
the board shall be appointed to serve a term of three years. No member of the board may serve
more than two consecutive full terms. No more than seven members of the board may be of the
same political party.
".
The Committee on State Affairs respectfully reports that it has had under consideration HB
1059 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1052 which was deferred to the 41st Legislative Day.
MR. SPEAKER:
I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and
your concurrence is respectfully requested.
House Page Resolution 1: Introduced by: Representatives Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown, Jarvis; Brown, Richard; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen, Tom; Hanson, Gary; Hargens; Heineman; Hennies, Don; Hennies, Thomas; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson, Mel; Pederson, Gordon; Peterson, Bill; Peterson, Jim; Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
WHEREAS, the members of the Seventy-sixth 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:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the
Seventy-sixth Legislature of the State of South Dakota, that a personal copy of this
commemoration be duly certified and furnished to each page on this last day of service.
Rep. Bill Peterson moved that the reports of the Standing Committees on
Transportation on HB 1047 as found on page 96 of the House Journal
; also
Commerce on HB 1040 as found on pages 96 and 97 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
HB 1096
Introduced by:
Representatives Flowers, Hennies (Thomas), Juhnke, Monroe,
Olson (Mel), and Pederson (Gordon) and Senators Brown (Arnold), Hutmacher, McCracken,
and McIntyre
FOR AN ACT ENTITLED, An Act to
revise the methods for increasing or decreasing
school board size and for creating or eliminating school board representation areas.
Was read the first time and referred to the Committee on Education.
HB 1097
Introduced by:
Representatives Michels, Abdallah, and Hennies (Thomas) and
Senators Bogue, Albers, Brosz, and Moore
FOR AN ACT ENTITLED, An Act to
revise the definition of sexual contact.
Was read the first time and referred to the Committee on Judiciary.
HB 1098
Introduced by:
Representatives Michels and Hunhoff and Senators Albers and
Moore
FOR AN ACT ENTITLED, An Act to
allow law enforcement officials to use new
technological advances in lie detection.
Was read the first time and referred to the Committee on Judiciary.
HB 1099
Introduced by:
Representatives Adelstein, Brown (Richard), and Michels and
Senators Daugaard, Ham, and Whiting
FOR AN ACT ENTITLED, An Act to
permit certain persons to solemnize marriages.
Was read the first time and referred to the Committee on State Affairs.
HB 1100
Introduced by:
Representatives Adelstein and Brown (Richard) and Senator Ham
FOR AN ACT ENTITLED, An Act to
provide for a mandatory jail sentence for a second
driving under the influence conviction.
Was read the first time and referred to the Committee on Judiciary.
HB 1101
Introduced by:
Representative Adelstein and Senator Whiting
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to
clarify the discretion of the court to impose
sentences concurrently or consecutively.
HB 1036:
FOR AN ACT ENTITLED, An Act to
prevent commercial drivers from
operating commercial motor vehicles while the driver, the commercial motor vehicle, or the
motor carrier operation is subject to an out-of-service order.
Was read the second time.
The question being "Shall HB 1036 pass?"
And the roll being called:
Yeas 65, Nays 1, Excused 3, Absent 1
Yeas:
Excused:
Absent:
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 1038:
FOR AN ACT ENTITLED, An Act to
update certain provisions pertaining to
motor carrier safety and transportation of hazardous materials.
Was read the second time.
The question being "Shall HB 1038 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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 1055:
FOR AN ACT ENTITLED, An Act to
revise the time by which an annual
identification fee must be paid by certain motor carriers.
Was read the second time.
The question being "Shall HB 1055 pass?"
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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 1039:
FOR AN ACT ENTITLED, An Act to
subject certain health insurers to risk-
based capital requirements.
Was read the second time.
The question being "Shall HB 1039 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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.
Was read the second time.
The question being "Shall HB 1041 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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 small employer health plan
requirements by clarifying the definition of a small employer, exceptions to issuing a policy,
rating provisions and minimum participation requirements, and by deleting obsolete references
relating to basic and standard plans.
Was read the second time.
The question being "Shall HB 1042 pass?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Nays:
Excused:
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.
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom);
Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad;
Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz;
Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel);
Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad;
Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van
Norman; Wick; Speaker Eccarius
Nays:
Monroe
Duenwald; Elliott; Peterson (Bill)
Duniphan
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal;
Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts;
Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel;
Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Duenwald; Elliott
And the roll being called:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal;
Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts;
Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel;
Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Duenwald; Elliott
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal;
Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts;
Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel;
Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Duenwald; Elliott
HB 1041:
FOR AN ACT ENTITLED, An Act to
require fraternal benefit societies to
comply with managed care and advertising and solicitation statutes.
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal;
Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts;
Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel;
Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Duenwald; Elliott
Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli;
Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel;
Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel;
Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Monroe
Duenwald; Elliott
HB 1006:
FOR AN ACT ENTITLED, An Act to
adjust the use of the capital outlay fund.
Was read the second time.
The question being "Shall HB 1006 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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.
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal;
Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts;
Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel;
Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Richter
Duenwald; Elliott
The question being "Shall HB 1018 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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 1057:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
law enforcement authority of conservation officers.
Was read the second time.
The question being "Shall HB 1057 pass?"
And the roll being called:
Yeas 62, Nays 6, Excused 2, Absent 0
Yeas:
Nays:
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 1064:
FOR AN ACT ENTITLED, An Act to
clarify the law enforcement authority of
conservation officers.
Was read the second time.
The question being "Shall HB 1064 pass?"
And the roll being called:
Yeas 62, Nays 6, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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 1069:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
school consolidation.
Having had its second reading was up for consideration and final passage.
Rep. Bill Peterson moved that HB 1069 be deferred to Monday, January 22nd, the 9th
legislative day.
Which motion prevailed and the bill was so deferred.
Was read the second time.
Rep. Kloucek moved the previous question.
Which motion prevailed.
The question being "Shall HB 1056 pass?"
And the roll being called:
Yeas 46, Nays 22, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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 1061:
FOR AN ACT ENTITLED, An Act to
prohibit certain persons from applying
for a hunting, fishing, or trapping license, to provide for an automatic revocation of any such
license or privilege, and to provide for a penalty for a violation thereof.
Was read the second time.
Rep. McCaulley moved that HB 1061 be deferred to Monday, January 22nd, the 9th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1071:
FOR AN ACT ENTITLED, An Act to
revise the time criterion for the
termination of certain liens and encumbrances.
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal;
Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts;
Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel;
Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Duenwald; Elliott
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg;
Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen
(Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck;
Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen;
McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson
(Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad;
Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker
Eccarius
Bradford; Hundstad; Kloucek; Napoli; Valandra; Van Norman
Excused:
Duenwald; Elliott
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg;
Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen
(Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck;
Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen;
McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson
(Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad;
Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker
Eccarius
Bradford; Hundstad; Jaspers; Napoli; Valandra; Van Norman
Duenwald; Elliott
HB 1056:
FOR AN ACT ENTITLED, An Act to
increase the penalty for violation of
certain fur dealer license requirements.
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby;
Duniphan; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies
(Thomas); Holbeck; Hunhoff; Jensen; Juhnke; Koistinen; Konold; Kooistra; Lintz; Madsen;
McCaulley; Michels; Monroe; Murschel; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pitts;
Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van
Gerpen; Wick; Speaker Eccarius
Bartling; Bradford; Burg; Davis; Flowers; Gillespie; Hargens; Hennies (Don); Hundstad;
Jaspers; Klaudt; Kloucek; Lange; McCoy; Nachtigal; Napoli; Olson (Mel); Peterson (Jim);
Pummel; Sigdestad; Valandra; Van Norman
Duenwald; Elliott
Was read the second time.
SB 23:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the filing
of marriage records and rule-making authority regarding vital records.
Was read the first time and referred to the Committee on Health and Human Services.
SB 31:
FOR AN ACT ENTITLED, An Act to
revise certain requirements of the Division
of Rehabilitation Services in contested cases.
Was read the first time and referred to the Committee on Health and Human Services.
SB 34:
FOR AN ACT ENTITLED, An Act to
allow weights and measures inspections to
be performed biennially.
SB 35:
FOR AN ACT ENTITLED, An Act to
require insurance producers to sell only
investments authorized pursuant to certain provisions.
Was read the first time and referred to the Committee on Commerce.
SB 36:
FOR AN ACT ENTITLED, An Act to
revise nonrenewal and preexisting condition
provisions and to correct outdated references for health insurance plans.
Was read the first time and referred to the Committee on Commerce.
SB 37:
FOR AN ACT ENTITLED, An Act to
revise certain requirements for continuation
and conversion of employer health plans.
Was read the first time and referred to the Committee on Commerce.
SB 62:
FOR AN ACT ENTITLED, An Act to
repeal certain penalties against persons
teaching in nonpublic schools.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Commerce.