The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the ninth day and finds the following
correction should be made:
On page 125, line 23, delete "2" and insert "3".
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
"
Section 7. That chapter
31-12A
be amended by adding thereto a NEW SECTION to read
as follows:
Section 8. That chapter
31-12A
be amended by adding thereto a NEW SECTION to read
as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB
1073 and returns the same with the recommendation that said bill do
pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1072 and returns the same with the recommendation that said bill be
amended as follows:
MR. SPEAKER:
I have the honor to transmit herewith SB 7 which has passed the Senate and your favorable
consideration is respectfully requested.
HCR 1001:
A CONCURRENT RESOLUTION,
Endorsing and promoting a statewide
mentoring association.
Rep. Smidt moved that HCR 1001 as found on page 128 of the House Journal be adopted.
The question being on Rep. Smidt's motion that HCR 1001 be adopted.
And the roll being called:
Yeas 67, Nays 0, Excused 1, Absent 2
Excused:
Absent:
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1001 was adopted.
SCR 1:
A CONCURRENT RESOLUTION,
Appointing Mr. Marty Guindon of Pierre,
South Dakota, to the office of Auditor-General.
Rep. Smidt moved that SCR 1 as found on page 16 of the Senate Journal be concurred in.
The question being on Rep. Smidt's motion that SCR 1 be concurred in.
And the roll being called:
Yeas 69, Nays 0, Excused 0, Absent 1
Yeas:
Absent:
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 1 was concurred in.
Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie;
Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies
(Thomas); Holbeck; Hundstad; Hunhoff; 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
Clark
Jaspers; Richter
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; 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
Jaspers
HCR 1002
Introduced by:
Representatives Frost, Duniphan, Hansen (Tom), Jaspers,
Jensen, McCaulley, Rhoden, Slaughter, Sutton (Duane), and Teupel and Senator Diedtrich
(Elmer)
Was read the first time and the Speaker waived the committee referral.
Rep. Bill Peterson moved that the reports of the Standing Committees on
State Affairs on HB 1045 as found on pages 124 and 125 of the House Journal
; also
Judiciary on HB 1076 as found on pages 125 and 126 of the House Journal
; also
Judiciary on HB 1077 as found on page 126 of the House Journal
; also
Judiciary on HB 1078 as found on page 126 of the House Journal
; also
Judiciary on HB 1079 as found on pages 126 and 127 of the House Journal
; also
Judiciary on HB 1075 as found on page 127 of the House Journal
; also
Transportation on HB 1081 as found on page 144 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
HB 1116
Introduced by:
Representatives Broderick, Abdallah, Adelstein, Brown (Richard),
Flowers, Garnos, Hennies (Don), Hennies (Thomas), Juhnke, Konold, McCoy, Monroe,
Pederson (Gordon), Smidt, Solum, Valandra, and Wick and Senators Vitter, Brosz, Daugaard,
Diedtrich (Elmer), Duxbury, Everist, Hutmacher, McCracken, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
require that certain vehicles and equipment used for
construction be registered.
Was read the first time and referred to the Committee on Transportation.
HB 1117
Introduced by:
Representatives Napoli, Begalka, Brown (Richard), Duniphan,
Hennies (Thomas), Klaudt, Kloucek, Kooistra, Lintz, Madsen, McCaulley, McCoy, Pederson
(Gordon), Rhoden, Slaughter, and Van Gerpen and Senators Moore, Apa, Daugaard, Diedtrich
(Elmer), Hutmacher, McCracken, Olson (Ed), and Volesky
FOR AN ACT ENTITLED, An Act to
provide for the issuance of a motor vehicle title
under certain conditions to a person who has repaired a motor vehicle and has not been paid.
Was read the first time and referred to the Committee on Transportation.
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 State Affairs.
HB 1119
Introduced by:
Representatives Abdallah, Broderick, Flowers, McCaulley,
Napoli, and Pederson (Gordon) and Senators Munson, Albers, Diedrich (Larry), Moore, Sutton
(Dan), and Vitter
FOR AN ACT ENTITLED, An Act to
authorize certain vehicles in the possession of a
dealer's car auction agency to be moved with a permit.
Was read the first time and referred to the Committee on Transportation.
HB 1120
Introduced by:
Representative Hennies (Thomas)
FOR AN ACT ENTITLED, An Act to
allow a medical necessity to be used as a defense
in certain cases involving the possession or use of marijuana.
Was read the first time and referred to the Committee on Judiciary.
HB 1121
Introduced by:
Representatives Olson (Mel), Bartling, Bradford, Burg, Davis,
Elliott, Flowers, Hanson (Gary), Hargens, Hundstad, Nachtigal, Nesselhuf, Peterson (Jim), and
Sigdestad and Senators Koetzle, Dennert, Duxbury, Hutmacher, McIntyre, Reedy, and Sutton
(Dan)
FOR AN ACT ENTITLED, An Act to
provide for implied covenants of good faith and fair
dealing in certain employment contracts.
Was read the first time and referred to the Committee on State Affairs.
HB 1122
Introduced by:
Representatives Brown (Jarvis), Bartling, Flowers, Garnos,
Hennies (Thomas), Jaspers, Juhnke, Lintz, Napoli, and Slaughter and Senators de Hueck,
Hagen, Koetzle, Putnam, Reedy, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
modify the time required for a temporary custody
hearing to be held in certain juvenile legal proceedings.
HB 1123
Introduced by:
Representatives Jaspers, Brown (Jarvis), Hanson (Gary), and
Sigdestad and Senators Olson (Ed), Ham, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
repeal the requirement that school districts consist
of adjoining territory.
Was read the first time and referred to the Committee on Education.
HB 1124
Introduced by:
Representatives Fryslie, Bartling, Flowers, Hanson (Gary),
Jaspers, Lange, and Pitts and Senators Albers, Diedtrich (Elmer), and Symens
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to township
financial reports.
Was read the first time and referred to the Committee on Local Government.
HB 1125
Introduced by:
Representatives Hanson (Gary), Burg, Duenwald, Flowers,
Fryslie, Lintz, and Sigdestad and Senators Symens, McIntyre, and Moore
FOR AN ACT ENTITLED, An Act to
provide for additional nonresident waterfowl
licenses for certain areas of the state.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1118
Introduced by:
Representatives Abdallah, Broderick, Brown (Jarvis), Brown
(Richard), Clark, Duenwald, Duniphan, Heineman, Hennies (Thomas), Holbeck, Konold,
Kooistra, Madsen, McCaulley, Monroe, Murschel, Pederson (Gordon), Peterson (Bill), Richter,
Sebert, Smidt, Solum, Teupel, Van Etten, and Van Gerpen and Senators Albers, Munson, and
Olson (Ed)
Was read the first time and referred to the Committee on Judiciary.
HB 1027:
FOR AN ACT ENTITLED, An Act to
repeal the composition requirements of
the Board of Vocational Rehabilitation.
Was read the second time.
The question being "Shall HB 1027 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, 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.
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; 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
Nesselhuf
HB 1051:
FOR AN ACT ENTITLED, An Act to
increase the punishment for felony child
abuse of a child under seven years of age and to designate the offense as a crime of violence.
Having had its second reading was up for consideration and final passage.
Rep. Nachtigal moved that HB 1051 be deferred to Friday, January 26th, the 13th legislative
day.
Which motion lost.
The question being "Shall HB 1051 pass as amended?"
And the roll being called:
Yeas 68, Nays 2, Excused 0, Absent 0
Yeas:
Nays:
HB 1022:
FOR AN ACT ENTITLED, An Act to
authorize the Department of Corrections
to construct prison industries buildings at the South Dakota State Penitentiary, the Jameson
Prison Annex, and the Mike Durfee State Prison, and to make an appropriation therefor.
Having had its second reading was up for consideration and final passage.
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; 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;
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
Frost; Nachtigal
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.
"
Section 5. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.".
Which motion prevailed and HB 1022 was so amended.
The question being "Shall HB 1022 pass as amended?"
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
Nays:
Excused:
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed.
Rep. Van Gerpen moved that the title to HB 1022 be amended as follows:
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; Pederson (Gordon); Peterson (Bill); Peterson (Jim);
Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Valandra; Van Etten;
Van Gerpen; Van Norman; Wick; Speaker Eccarius
Olson (Mel); Sutton (Duane)
Sigdestad
The question being on the title.
HB 1059:
FOR AN ACT ENTITLED, An Act to
continue a surcharge on certain hunting
licenses and to continuously appropriate the money for certain purposes.
Was read the second time.
The question being "Shall HB 1059 pass as amended?"
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.
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); 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; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra;
Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Hanson (Gary); Sigdestad