The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the eighteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Which was subscribed to and placed on file in the office of the Secretary of State.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1122 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1177 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1120 and
1246 which were deferred to the 41st Legislative Day.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1257 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration HB
1272 which was deferred to the 41st Legislative Day.
MR. SPEAKER:
I have the honor to return herewith HB 1013 which has passed the Senate without change.
HB 1205:
FOR AN ACT ENTITLED, An Act to
provide for the licensing of certain real
estate corporations and limited liability companies.
Was read the second time.
The question being "Shall HB 1205 pass as amended?"
And the roll being called:
Yeas 64, Nays 1, Excused 4, Absent 1
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 and the title was agreed to.
HB 1218:
FOR AN ACT ENTITLED, An Act to
prohibit directed suretyship.
Was read the second time.
The question being "Shall HB 1218 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, 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.
SB 50:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the state's
accounting systems and the financial statements prepared by the Bureau of Finance and
Management.
Was read the second time.
The question being "Shall SB 50 pass as amended?"
And the roll being called:
Yeas 66, Nays 2, 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; 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; Lintz; Madsen; McCaulley; Michels; Monroe; Murschel; Nachtigal; 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
Napoli
Derby; Duenwald; McCoy; Peterson (Bill)
Absent:
Lange
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; 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; 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
Derby; Duenwald; McCoy
Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; 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
Klaudt; Monroe
Derby; Duenwald
HB 1108:
FOR AN ACT ENTITLED, An Act to
revise the definition of local effort in the
state aid to education formula.
Having had its second reading was up for consideration and final passage.
Rep. Thomas Hennies moved that HB 1108 be deferred to Wednesday, February 7th, the
21st legislative day.
Which motion prevailed and the bill was so deferred.
HB 1134:
FOR AN ACT ENTITLED, An Act to
establish license requirements for well
pump installers and well repairers.
Having had its second reading was up for reconsideration and final passage.
Rep. Bill Peterson moved that HB 1134 be placed to follow HB 1106 on today's calendar.
Which motion prevailed and the bill was so placed.
HB 1126:
FOR AN ACT ENTITLED, An Act to
limit the application of implied consent
in circumstances involving an arrest for vehicular homicide or vehicular battery.
Was read the second time.
The question being "Shall HB 1126 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 1, Absent 1
Yeas:
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 1249:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions regarding the
use of a vehicle at certain intersections.
Was read the second time.
Rep. Bill Peterson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1249 pass as amended?"
And the roll being called:
Yeas 40, Nays 29, Excused 1, 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.
Was read the second time.
The question being "Shall HB 1174 pass?"
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.
HB 1188:
FOR AN ACT ENTITLED, An Act to
revise certain dates relating to the
validation of prior bonds of political subdivisions.
Was read the second time.
The question being "Shall HB 1188 pass?"
And the roll being called:
Yeas 67, Nays 1, 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 1200:
FOR AN ACT ENTITLED, An Act to
require certain format standards for real
estate documents filed at the register of deeds.
Was read the second time.
The question being "Shall HB 1200 pass?"
And the roll being called:
Yeas 66, Nays 2, 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 1019:
FOR AN ACT ENTITLED, An Act to
revise certain requirements and fees
regarding various agricultural related licenses, certificates, registrations, and inspections and to
provide for the disposition of certain fees.
Was read the second time.
Pursuant to Joint Rule 5-9, Rep. Kloucek requested a division of the question.
Rep. Kloucek moved to appeal the ruling of the Speaker.
The question being on the Speaker's ruling.
And the roll being called:
Yeas 51, Nays 18, Excused 1, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and the decision of the Speaker was sustained.
Rep. Kloucek announced his intention to file a dissent on the ruling of the chair.
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; 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; Solum; Sutton (Duane); Teupel;
Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Excused:
Derby
Smidt
Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Burg; Davis; Duenwald; Duniphan;
Elliott; Frost; Fryslie; Hansen (Tom); Hennies (Don); Hennies (Thomas); Holbeck; Hundstad;
Jaspers; Klaudt; Koistinen; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Nachtigal;
Napoli; Nesselhuf; Peterson (Jim); Pummel; Rhoden; Sebert; Slaughter; Smidt; Sutton (Duane);
Teupel; Van Gerpen; Van Norman; Wick
Abdallah; Broderick; Brown (Richard); Clark; Flowers; Garnos; Gillespie; Glenski; Hanson
(Gary); Hargens; Heineman; Hunhoff; Jensen; Juhnke; Kloucek; Konold; Kooistra; Michels;
Murschel; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Richter; Sigdestad; Solum;
Valandra; Van Etten; Speaker Eccarius
Derby
HB 1174:
FOR AN ACT ENTITLED, An Act to
revise the provisions for municipal checks
and warrants to conform with state standards.
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; 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 (Duane);
Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Derby
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; 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; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; 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
Nays:
Kloucek
Derby; Michels
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; 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; Koistinen; Konold;
Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; 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
Kloucek; Nachtigal
Derby; Michels
The Speaker denied the request, pursuant to Article III, Section 21 of the South Dakota
Constitution.
The Speaker directed a roll call vote.
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark;
Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Hanson (Gary); Heineman;
Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt;
Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel;
Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter;
Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius
Bartling; Bradford; Davis; Elliott; Flowers; Gillespie; Glenski; Hargens; Hundstad; Kloucek;
Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman
Derby
The question being "Shall HB 1019 pass as amended?"
Yeas 60, Nays 8, Excused 2, 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 and the title was agreed to.
HB 1127:
FOR AN ACT ENTITLED, An Act to
modify the procedure for the remittance
of the 911 surcharge.
Was read the second time.
The question being "Shall HB 1127 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, 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 1003:
FOR AN ACT ENTITLED, An Act to
prohibit the use of genetic tests in the
offer, sale, or renewal of certain types of insurance.
Was read the second time.
Rep. Bill Peterson moved that HB 1003 be placed to follow HB 1134 on today's calendar.
Which motion prevailed and the bill was so placed.
HB 1168:
FOR AN ACT ENTITLED, An Act to
award grants to certain school districts.
Was read the second time.
Rep. Richter moved the previous question.
Which motion prevailed.
The question being "Shall HB 1168 pass?"
And the roll being called:
Yeas 38, Nays 30, Excused 1, Absent 1
Yeas:
Nays:
Absent:
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
Rep. Michels announced his intention to reconsider the vote by which HB 1168 was lost.
HB 1106:
FOR AN ACT ENTITLED, An Act to
revise the classes of investments available
for state funds.
Was read the second time.
Rep. Broderick moved that HB 1106 be deferred to Wednesday, February 7th, the 21st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1134:
FOR AN ACT ENTITLED, An Act to
establish license requirements for well
pump installers and well repairers.
Having had its second reading was up for reconsideration and final passage.
Rep. Bill Peterson moved that HB 1134 be deferred to Wednesday, February 7th, the 21st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1003:
FOR AN ACT ENTITLED, An Act to
prohibit the use of genetic tests in the
offer, sale, or renewal of certain types of insurance.
Having had its second reading was up for consideration and final passage.
And the roll being called:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas);
Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; Lange; Lintz;
Madsen; McCoy; Murschel; 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
Flowers; Hundstad; Klaudt; Kloucek; McCaulley; Monroe; Nachtigal; Napoli
Derby; Michels
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; Davis; 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; 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
Excused:
Derby; Michels
Adelstein; Bartling; Bradford; Brown (Jarvis); Brown (Richard); Burg; Davis; Duenwald;
Duniphan; Elliott; Flowers; Fryslie; Garnos; Gillespie; Hanson (Gary); Hargens; Hennies (Don);
Hennies (Thomas); Holbeck; Hundstad; Jaspers; Juhnke; Kloucek; Koistinen; Kooistra; Lange;
Madsen; Monroe; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Peterson (Jim); Pitts;
Slaughter; Valandra; Van Gerpen; Van Norman
Abdallah; Begalka; Broderick; Clark; Frost; Hansen (Tom); Heineman; Hunhoff; Jensen;
Klaudt; Konold; Lintz; McCaulley; McCoy; Michels; Napoli; Olson (Mel); Peterson (Bill);
Pummel; Rhoden; Richter; Sebert; Sigdestad; Smidt; Solum; Sutton (Duane); Teupel; Van
Etten; Wick; Speaker Eccarius
Excused:
Derby
Glenski
"
"
Section 3. That chapter
58-18
be amended by adding thereto a NEW SECTION to read as
follows:
SB 47:
FOR AN ACT ENTITLED, An Act to
provide benefit improvements for certain
members of the South Dakota Retirement System, to revise the provisions for the purchase of
uncredited service by members of the system.
Was read the first time and referred to the Committee on Retirement Laws.
SB 98:
FOR AN ACT ENTITLED, An Act to
establish certain penalties for failure to
control weeds and pests.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 105:
FOR AN ACT ENTITLED, An Act to
provide for a comprehensive study by the
Corrections Commission of inmate telephone services at Department of Corrections institutions.
Was read the first time and referred to the Committee on Government Operations and
Audit.
SB 126:
FOR AN ACT ENTITLED, An Act to
clarify the survey requirements for sanitary
districts.
Was read the first time and referred to the Committee on Local Government.
SB 1:
FOR AN ACT ENTITLED, An Act to
require written informed consent before
genetic testing.
Was read the second time.
Rep. Monroe moved that SB 1 be deferred to Tuesday, February 6th, the 20th legislative day.
Which motion lost.
The question being "Shall SB 1 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; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie;
Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Holbeck;
Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; 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
Kooistra
Derby; Hennies (Thomas)
" For the purposes of this Act, genetic information is information about genes, gene products,
and inherited characteristics that may derive from the individual or a family member. This
includes information regarding carrier status and information derived from laboratory tests that
identify mutations in specific genes or chromosomes, physical medical examinations, family
histories, and direct analysis of genes or chromosomes.".
I have the honor to inform your honorable body that the Senate has appointed Sens.
Whiting, Bogue, and Symens as a committee of three on the part of the Senate to meet with a
like committee on the part of the House to adjust the differences between the two houses on HB
1056.