The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration HB
1143 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration HB
1151,
1152,
1238, and
1273 which were deferred to the 41st Legislative Day.
MR. SPEAKER:
I have the honor to return herewith HB 1002, 1025, 1085, 1091, 1109, 1122, and 1124
which have passed the Senate without change.
Rep. Duenwald moved that the House do concur in Senate amendments to HB 1060.
The question being on Rep. Duenwald's motion that the House do concur in Senate
amendments to HB 1060.
And the roll being called:
Yeas 64, Nays 0, Excused 2, Absent 4
Yeas:
Excused:
Absent:
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Rep. Jarvis Brown moved that the House do not concur in Senate amendments to HB 1075
and that a committee of three on the part of the House be appointed to meet with a like
committee on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed and the Speaker appointed as such committee Reps. McCaulley,
Murschel, and Gillespie.
Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1077.
The question being on Rep. Jarvis Brown's motion that the House do concur in Senate
amendments to HB 1077.
And the roll being called:
Yeas 65, Nays 3, Excused 1, Absent 1
Nays:
Excused:
Absent:
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Jarvis Brown moved that the House do not concur in Senate amendments to HB 1079
and that a committee of three on the part of the House be appointed to meet with a like
committee on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed and the Speaker appointed as such committee Reps. Madsen,
McCaulley, and Bartling.
Yesterday, Rep. Bill Peterson announced his intention to reconsider the vote by which HB
1189 was passed.
Rep. Bill Peterson moved that the House do now reconsider the vote by which HB 1189
was passed.
The question being on Rep. Bill Peterson's motion to reconsider the vote by which HB
1189 was passed.
And the roll being called:
Yeas 46, Nays 23, Excused 1, Absent 0
Nays:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1189 was up for reconsideration and final passage.
Rep. Bill Peterson moved that HB 1189 be deferred to Friday, February 16th, the 28th
legislative day.
Which motion prevailed and the bill was so deferred.
Yesterday, Rep. Bill Peterson announced his intention to reconsider the vote by which HB
1243 was passed.
Rep. Bill Peterson moved that the House do now reconsider the vote by which HB 1243
was passed.
The question being on Rep. Bill Peterson's motion to reconsider the vote by which HB
1243 was passed.
And the roll being called:
Yeas 43, Nays 26, Excused 1, Absent 0
Yeas:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1243 was up for reconsideration and final passage.
Rep. Bill Peterson moved that HB 1243 be deferred to Friday, February 16th, the 28th
legislative day.
Which motion prevailed and the bill was so deferred.
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark;
Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski;
Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers;
Jensen; Juhnke; Klaudt; Kloucek; Koistinen; 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; Van Etten; Van Gerpen; Van Norman; Wick
Valandra; Speaker Eccarius
Brown (Richard); Hansen (Tom); Hennies (Don); Konold
Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Teupel; Van Etten; Van
Gerpen; Wick; Speaker Eccarius
Bradford; Valandra; Van Norman
Sutton (Duane)
Richter
Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald;
Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies
(Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra;
Lintz; Madsen; McCaulley; Michels; Murschel; Napoli; Pederson (Gordon); Peterson (Bill);
Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van
Etten; Wick; Speaker Eccarius
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens;
Hundstad; Kloucek; Lange; McCoy; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson
(Jim); Sigdestad; Valandra; Van Gerpen; Van Norman
Begalka
Abdallah; Adelstein; Begalka; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald;
Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Hennies (Don); Hennies (Thomas); Holbeck;
Hunhoff; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; Michels;
Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Rhoden; Richter; Sebert;
Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker
Eccarius
Nays:
Bartling; Bradford; Broderick; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary);
Hargens; Heineman; Hundstad; Jaspers; Kloucek; Lange; McCaulley; McCoy; Monroe;
Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman
Pitts
The question being on Rep. Kloucek's motion that HCR 1012 be adopted as amended."
And the roll being called:
Yeas 23, Nays 44, Excused 3, Absent 0
Yeas:
Excused:
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the resolution lost.
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary);
Hargens; Hundstad; Klaudt; Kloucek; Lange; Lintz; Nachtigal; Nesselhuf; Peterson (Jim);
Rhoden; Sigdestad; Valandra; Van Norman
Nays:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Duniphan;
Frost; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck;
Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; Madsen; McCaulley; McCoy;
Michels; Monroe; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pummel;
Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen;
Wick; Speaker Eccarius
Derby; Duenwald; Pitts
Was read the first time and referred to the Committee on Education.
Rep. Bill Peterson moved that the reports of the Standing Committees on
State Affairs on HB 1155 as found on pages 462 and 463 of the House Journal
; also
State Affairs on HB 1159 as found on page 463 of the House Journal
; also
State Affairs on HB 1262 as found on pages 463 and 464 of the House Journal
; also
Appropriations on HB 1015 as found on page 465 of the House Journal
; also
Appropriations on HB 1068 as found on pages 465 and 466 of the House Journal
; also
Agriculture and Natural Resources on HB 1250 as found on page 466 of the House Journal
;
also
Local Government on HB 1287 as found on page 468 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
Local Government on HB 1282 as found on page 467 of the House Journal
; also
HB 1247:
FOR AN ACT ENTITLED, An Act to
revise the requirements for volunteer
firefighters to become eligible for workers' compensation.
Was read the second time.
The question being "Shall HB 1247 pass?"
And the roll being called:
Yeas 65, Nays 1, Excused 3, Absent 1
Yeas:
Nays:
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.
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby;
Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen
(Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); 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); Pummel; Rhoden; Richter; Sebert; Sigdestad;
Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van
Norman; Wick; Speaker Eccarius
Peterson (Jim)
Brown (Richard); Holbeck; Pitts
Abdallah
HB 1194:
FOR AN ACT ENTITLED, An Act to
increase certain penalties for unlawful
use of computers and computer networks.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1194 pass as amended?"
And the roll being called:
Yeas 46, Nays 22, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Clark; Derby; Duenwald; Duniphan; Frost;
Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies
(Thomas); Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; Lange; Lintz;
Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill);
Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten;
Van Gerpen; Wick
Excused:
Brown (Richard); Holbeck
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 1241:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of
stalking to include certain forms of harassing communications.
Was read the second time.
The question being "Shall HB 1241 pass as amended?"
And the roll being called:
Yeas 60, Nays 8, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby;
Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson
(Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers;
Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Madsen; McCaulley; McCoy;
Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill);
Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton
(Duane); Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius
Nays:
Begalka; Duenwald; Klaudt; Lintz; Monroe; Napoli; Rhoden; Teupel
Excused:
Brown (Richard); Holbeck
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.
There being no objection, the House reverted to Order of Business No. 5.
MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB
154
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 123
and returns the same with the recommendation that said bill be amended as follows:
"
The Committee on Judiciary respectfully reports that it has had under consideration SB
183
and tabled the same.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on SB 2.
Was read the second time.
The question being "Shall HB 1268 pass?"
And the roll being called:
Yeas 25, Nays 44, Excused 1, Absent 0
Yeas:
Nays:
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
Speaker Eccarius now presiding.
Abdallah; Duenwald; Duniphan; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman;
Holbeck; Jaspers; Juhnke; Konold; McCaulley; Michels; Monroe; Pederson (Gordon); Peterson
(Bill); Sebert; Slaughter; Smidt; Solum; Teupel; Van Etten; Wick; Speaker Eccarius
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby;
Elliott; Flowers; Frost; Fryslie; Gillespie; Hargens; Hennies (Don); Hennies (Thomas);
Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen;
McCoy; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel;
Rhoden; Richter; Sigdestad; Sutton (Duane); Valandra; Van Gerpen; Van Norman
Excused:
Brown (Richard)
The question being "Shall HB 1181 pass as amended?"
And the roll being called:
Yeas 51, Nays 16, Excused 3, Absent 0
Yeas:
Nays:
Excused:
HB 1237:
FOR AN ACT ENTITLED, An Act to
authorize certain students in alternative
instruction to participate in public school interscholastic contests and competition.
Was read the second time.
Rep. Bill Peterson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1237 pass as amended?"
And the roll being called:
Yeas 28, Nays 42, Excused 0, Absent 0
Yeas:
Nays:
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1285:
FOR AN ACT ENTITLED, An Act to
transfer funds to the state fair fund and
to revise the budgetary procedure for the state fair.
Was read the second time.
Rep. Bill Peterson moved that HB 1285 be deferred to Thursday, February 15th, the 27th
legislative day.
Which motion prevailed and the bill was so deferred.
Was read the second time.
The question being "Shall HB 1014 pass?"
And the roll being called:
Yeas 66, Nays 3, Excused 0, Absent 1
Yeas:
Nays:
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 1016:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to
purchase the Dakota Prairie Playhouse, in Madison, South Dakota, and to make an appropriation
therefor.
Was read the second time.
The question being "Shall HB 1016 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
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.
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis;
Duenwald; Elliott; Flowers; Frost; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies
(Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Kloucek; Koistinen;
Konold; Kooistra; Lange; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson
(Mel); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt;
Solum; Sutton (Duane); Van Etten; Van Norman; Wick; Speaker Eccarius
Abdallah; Duniphan; Fryslie; Gillespie; Hargens; Juhnke; Klaudt; Lintz; Madsen; McCaulley;
Napoli; Pederson (Gordon); Peterson (Jim); Teupel; Valandra; Van Gerpen
Brown (Richard); Derby; Garnos
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.
Adelstein; Begalka; Broderick; Brown (Jarvis); Duenwald; Duniphan; Garnos; Glenski;
Heineman; Hennies (Thomas); Jaspers; Klaudt; Koistinen; Lange; Lintz; McCaulley; McCoy;
Monroe; Napoli; Peterson (Bill); Rhoden; Smidt; Teupel; Van Etten; Van Gerpen; Van Norman;
Wick; Speaker Eccarius
Abdallah; Bartling; Bradford; Brown (Richard); Burg; Clark; Davis; Derby; Elliott; Flowers;
Frost; Fryslie; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Holbeck;
Hundstad; Hunhoff; Jensen; Juhnke; Kloucek; Konold; Kooistra; Madsen; Michels; Murschel;
Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Richter;
Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Valandra
HB 1014:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to
construct a tennis complex at the University of South Dakota.
Adelstein; Bartling; Begalka; 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; 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; Wick; Speaker Eccarius
Bradford; Kloucek; Van Norman
Abdallah
Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard);
Burg; Clark; 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; 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
Davis; Michels; Richter
SB 168:
FOR AN ACT ENTITLED, An Act to
revise the provisions for issuing on-sale
liquor licenses to resort facilities.
Was read the first time and referred to the Committee on Local Government.
SB 175:
FOR AN ACT ENTITLED, An Act to
exempt from sales tax certain contract
services provided to agricultural producers by an agent of a parent company through a local
contracting entity and certain employee services provided by an agricultural cooperative.
Was read the first time and referred to the Committee on Taxation.
SB 202:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
visitation rights for grandparents.
Was read the first time and referred to the Committee on Judiciary.
SB 204:
FOR AN ACT ENTITLED, An Act to
permit tribal identification cards in lieu of
other identification when applying for a driver's license.
Was read the first time and referred to the Committee on Commerce.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Whiting, de Hueck, and Moore 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 1075.