The prayer was offered by the Chaplain, Pastor Mike Bishop, followed by the Pledge of
Allegiance led by House pages Jessica Lentz and Katrinia Martinez.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twentieth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Speaker Rausch introduced Beth Mayrose of Salem, the 2011 South Dakota Girls State
Governor, and Jack Gordon of Sioux Falls, the 2011 South Dakota Boys State Governor.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 13, 2012, I approved House Bills 1003, 1011,
1012, 1013, 1056, 1069, 1077, and 1094, and the same have been deposited in the office of the
Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on Transportation respectfully reports that it has had under consideration
SB 107 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 14, 15, and 23 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 SB 69 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 72 and returns the same with the recommendation that said bill be amended
as follows:
I have the honor to return herewith HB 1009, 1010, 1026, 1027, 1028, 1044, and 1075
which have passed the Senate without change.
I have the honor to transmit herewith SB 37, 75, 108, 146, 148, 158, 160, 169, 183, 186,
189, and 191 which have passed the Senate and your favorable consideration is respectfully
requested.
Yesterday, Rep. Verchio announced his intention to reconsider the vote by which HB 1111
lost.
Rep. Verchio moved that the House do now reconsider the vote by which HB 1111 lost.
The question being on Rep. Verchio's motion to reconsider the vote by which HB 1111
lost.
And the roll being called:
Yeas:
Brunner; Elliott; Fargen; Feickert; Feinstein; Greenfield; Hansen (Jon); Hickey; Hubbel;
Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp;
Liss; Lucas; Miller; Nelson (Stace); Olson (Betty); Russell; Schaefer; Schrempp; Sigdestad;
Steele; Stricherz; Tornow; Van Gerpen; Venner; Verchio; Wink; Wismer
Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Gibson; Gosch; Haggar; Hawley; Hoffman; Hunt; Lust; Magstadt; Moser; Munsterman;
Novstrup (David); Perry; Romkema; Rozum; Scott; Sly; Solum; Street; Tulson; Turbiville;
Vanneman; White; Wick; Willadsen; Speaker Rausch
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
SCR 5: A CONCURRENT RESOLUTION, Supporting and encouraging a 2012 interim
study and thorough review of drainage laws in South Dakota.
Rep. Hawley moved that SCR 5 as found on pages 335 to 337 of the Senate Journal be
concurred in.
The question being on Rep. Hawley's motion that SCR 5 be concurred in.
And the roll being called:
Yeas 66, Nays 4, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Munsterman; Nelson
(Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville;
Van Gerpen; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Hoffman; Moser; Vanneman; Verchio
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 5 was concurred in.
Rep. Lust moved that the reports of the Standing Committees on
Appropriations on HB 1242 as found on page 426 of the House Journal; also
Judiciary on HB 1126 as found on pages 447 and 448 of the House Journal; also
Judiciary on HB 1255 as found on page 448 of the House Journal; also
Judiciary on HB 1266 as found on page 448 of the House Journal; also
Judiciary on HB 1273 as found on pages 448 and 449 of the House Journal be adopted.
Which motion prevailed.
Rep. Blake moved that the word NOT be stricken from the report of the Committee on
Appropriations on HB 1206 as found on page 427 of the House Journal and that the bill be
placed on today's calendar.
The question being on Rep. Blake's motion that the word NOT be stricken from the report
of the Committee on Appropriations on HB 1206 and that the bill be placed on today's calendar.
And the roll being called:
Yeas 43, Nays 27, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Brunner; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson;
Greenfield; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen;
Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Moser; Munsterman; Nelson
(Stace); Olson (Betty); Perry; Romkema; Rozum; Russell; Schrempp; Sigdestad; Steele; Street;
Stricherz; Van Gerpen; Venner; Verchio; Wismer
Nays:
Bolin; Boomgarden; Carson; Conzet; Cronin; Dryden; Gosch; Haggar; Hoffman; Hunt; Lust;
Magstadt; Miller; Novstrup (David); Schaefer; Scott; Sly; Solum; Tornow; Tulson; Turbiville;
Vanneman; White; Wick; Willadsen; Wink; Speaker Rausch
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried, and HB 1206 was so placed.
Rep. Russell moved that the word NOT be stricken from the report of the Committee on State Affairs on HB 1169 as found on page 450 of the House Journal and that the bill be placed on today's calendar.
And the roll being called:
Yeas 26, Nays 44, Excused 0, Absent 0
Yeas:
Blake; Elliott; Greenfield; Haggar; Hickey; Hubbel; Iron Cloud III; Jensen; Jones; Killer;
Kirschman; Kloucek; Kopp; Liss; Lucas; Nelson (Stace); Olson (Betty); Russell; Schrempp;
Sigdestad; Steele; Stricherz; Tornow; Van Gerpen; Venner; Verchio
Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Hansen (Jon); Hawley; Hoffman; Hunhoff (Bernie);
Hunt; Kirkeby; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry;
Romkema; Rozum; Schaefer; Scott; Sly; Solum; Street; Tulson; Turbiville; Vanneman; White;
Wick; Willadsen; Wink; Wismer; Speaker Rausch
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
SB 37: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources conservation fund to the State Conservation Commission and to declare an
emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 75: FOR AN ACT ENTITLED, An Act to revise the determination of fees that may be
charged for certain public records.
Was read the first time and referred to the Committee on Local Government.
SB 108: FOR AN ACT ENTITLED, An Act to revise the maximum bet limit for
Deadwood gaming.
Was read the first time and referred to the Committee on Commerce and Energy.
Was read the first time and referred to the Committee on Judiciary.
SB 148: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to battery
committed against infants and unborn children.
Was read the first time and referred to the Committee on Judiciary.
SB 158: FOR AN ACT ENTITLED, An Act to create an exception to the loan or credit
limitations of state chartered banks.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 160: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
James River Water Development District.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 169: FOR AN ACT ENTITLED, An Act to establish the Regional Watershed Advisory
Task Force.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 183: FOR AN ACT ENTITLED, An Act to establish the elements of the offense of
juvenile sexting and to provide a penalty therefor.
Was read the first time and referred to the Committee on Judiciary.
SB 186: FOR AN ACT ENTITLED, An Act to update the definition of the nonsectarian
textbooks that are loaned to certain students to include digital materials.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Appropriations.
SB 191: FOR AN ACT ENTITLED, An Act to provide for authorization to offer
postsecondary education services in South Dakota.
Was read the first time and referred to the Committee on Education.
HB 1133: FOR AN ACT ENTITLED, An Act to establish the Legislature's Planning
Committee.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1133 pass as amended?"
And the roll being called:
Yeas 52, Nays 18, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden;
Elliott; Fargen; Feinstein; Gibson; Gosch; Haggar; Hawley; Hickey; Hoffman; Hunhoff
(Bernie); Hunt; Iron Cloud III; Killer; Kirkeby; Kirschman; Lust; Magstadt; Miller; Moser;
Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schrempp; Scott; Sigdestad; Sly;
Solum; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Dennert; Feickert; Greenfield; Hansen (Jon); Hubbel; Jensen; Jones; Kloucek; Kopp; Liss;
Lucas; Nelson (Stace); Olson (Betty); Russell; Schaefer; Steele; Tornow; Venner
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 1230: FOR AN ACT ENTITLED, An Act to modify the publication requirements
regarding the application for a well driller license or a well pump installer license.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1230 pass as amended?"
And the roll being called:
Yeas 64, Nays 5, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Elliott; Fargen;
Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman;
Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman;
Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad;
Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Van Gerpen; Venner; Verchio; White;
Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Dennert; Feickert; Schrempp; Turbiville; Vanneman
Excused:
Abdallah
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 1270: FOR AN ACT ENTITLED, An Act to revise the time period for which
unclaimed property is presumed abandoned and to revise certain provisions regarding the
publication notice of unclaimed property.
Was read the second time.
The question being "Shall HB 1270 pass as amended?"
And the roll being called:
Yeas 67, Nays 3, Excused 0, Absent 0
Nays:
Kloucek; Liss; Lucas
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 1185: FOR AN ACT ENTITLED, An Act to prohibit all qualified health plans offered
through a health care exchange from including abortion coverage.
Was read the second time.
Rep. Cronin moved the previous question.
Which motion prevailed.
The question being "Shall HB 1185 pass as amended?"
And the roll being called:
Yeas 55, Nays 15, Excused 0, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch;
Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones;
Killer; Perry; Sigdestad; Street; Wismer
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 Speaker, being in doubt of the voice vote, called for a division of the House.
The Speaker declared Rep. Hickey's motion lost.
The question being "Shall HB 1219 pass as amended?"
And the roll being called:
Yeas 27, Nays 43, Excused 0, Absent 0
Yeas:
Bolin; Brunner; Dennert; Elliott; Fargen; Feickert; Feinstein; Gosch; Hansen (Jon); Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Lucas; Magstadt; Miller;
Moser; Munsterman; Olson (Betty); Stricherz; Van Gerpen; Venner; Willadsen; Speaker Rausch
Nays:
Abdallah; Blake; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dryden; Gibson; Greenfield;
Haggar; Hawley; Hunt; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Nelson (Stace);
Novstrup (David); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad;
Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Vanneman; Verchio; White; Wick;
Wink; Wismer
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sale of certain surplus property in Yankton County.
Was read the second time.
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley;
Hoffman; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp;
Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David);
Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly;
Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Hickey; Iron Cloud III
Excused:
Abdallah; Hubbel
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 1199: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
distribution of funds to sparse school districts.
Was read the second time.
The question being "Shall HB 1199 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley;
Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville;
Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
Excused:
Abdallah
HB 1228: FOR AN ACT ENTITLED, An Act to repeal the sunset concerning tax refunds
for new or expanded agricultural facilities and new or expanded business facilities.
Was read the second time.
The question being "Shall HB 1228 pass as amended?"
And the roll being called:
Yeas 63, Nays 7, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Dryden;
Elliott; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Liss;
Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz;
Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Deelstra; Feinstein; Iron Cloud III; Killer; Kopp; Nelson (Stace); Russell
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
HB 1189: FOR AN ACT ENTITLED, An Act to establish a deadline within each semester
after which no student may transfer to a school district other than the resident school district
through the enrollment options program.
Was read the second time.
The question being "Shall HB 1189 pass as amended?"
And the roll being called:
Yeas 55, Nays 13, Excused 2, Absent 0
Yeas:
Blake; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Feickert; Feinstein; Gibson;
Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hoffman; Hunt; Iron Cloud III; Jensen;
Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Moser;
Munsterman; Novstrup (David); Olson (Betty); Perry; Rozum; Schaefer; Schrempp; Scott;
Sigdestad; Solum; Steele; Street; Stricherz; Tornow; Tulson; Vanneman; Venner; Verchio;
White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Bolin; Boomgarden; Brunner; Fargen; Hickey; Hubbel; Hunhoff (Bernie); Miller; Nelson
(Stace); Romkema; Russell; Sly; Turbiville
Excused:
Abdallah; Van Gerpen
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 1193: FOR AN ACT ENTITLED, An Act to regulate the sale of dextromethorphan and
to provide a penalty thereto.
Was read the second time.
And the roll being called:
Yeas 9, Nays 60, Excused 1, Absent 0
Yeas:
Abdallah; Haggar; Hansen (Jon); Hunt; Killer; Nelson (Stace); Russell; Schaefer; Stricherz
Nays:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hawley; Hickey; Hoffman;
Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp;
Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty);
Perry; Romkema; Rozum; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tornow;
Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
Excused:
Van Gerpen
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1253: FOR AN ACT ENTITLED, An Act to prohibit the judicial enforcement of any
religious codes.
Was read the second time.
The question being "Shall HB 1253 pass as amended?"
And the roll being called:
Yeas 47, Nays 22, Excused 1, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch;
Greenfield; Haggar; Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp; Liss; Lust;
Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty);
Romkema; Rozum; Russell; Schaefer; Scott; Sly; Solum; Steele; Stricherz; Tulson; Turbiville;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hansen (Jon); Hawley; Hunhoff
(Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Perry; Schrempp; Sigdestad;
Street; Tornow; Wismer
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 1136: FOR AN ACT ENTITLED, An Act to revise the state aid to education formula
and to make an appropriation.
Was read the second time.
The question being "Shall HB 1136 pass?"
And the roll being called:
Yeas 62, Nays 7, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley;
Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman;
Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz;
Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink;
Wismer; Speaker Rausch
Nays:
Feinstein; Iron Cloud III; Kloucek; Kopp; Lucas; Nelson (Stace); Russell
Excused:
Van Gerpen
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 1137: FOR AN ACT ENTITLED, An Act to affect medical services.
Was read the second time.
The question being "Shall HB 1137 pass?"
And the roll being called:
Yeas 62, Nays 7, Excused 1, Absent 0
Nays:
Blake; Iron Cloud III; Kloucek; Kopp; Lucas; Nelson (Stace); Russell
Excused:
Van Gerpen
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 1220: FOR AN ACT ENTITLED, An Act to conditionally repeal certain provisions
establishing network adequacy standards, quality assessment and improvement requirements,
utilization review and benefit determination requirements, and grievance procedures for
managed health care plans, and certain standards for managed health care plans if the Patient
Protection and Affordable Care Act is found to be unconstitutional.
Was read the second time.
A roll call vote was requested and supported.
The question being on Rep. Russell's motion that HB 1220 be amended.
And the roll being called:
Yeas 16, Nays 53, Excused 1, Absent 0
Yeas:
Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel; Jensen; Kopp; Liss; Miller; Nelson (Stace);
Olson (Betty); Russell; Steele; Tornow; Venner; Verchio
Excused:
Van Gerpen
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question being "Shall HB 1220 pass?"
And the roll being called:
Yeas 51, Nays 18, Excused 1, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch;
Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp;
Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson
(Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sly; Solum; Steele; Street;
Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen;
Wink; Speaker Rausch
Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron
Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Schrempp; Sigdestad; Wismer
Excused:
Van Gerpen
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.
Speaker Pro tempore Gosch now presiding.
HB 1242: FOR AN ACT ENTITLED, An Act to revise the general appropriations act for
fiscal year 2012.
Was read the second time.
And the roll being called:
Yeas 65, Nays 4, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden;
Elliott; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup
(David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly;
Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Cronin; Fargen; Nelson (Stace); Russell
Excused:
Steele
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 1126: FOR AN ACT ENTITLED, An Act to establish provisions that certain bonds
paid by, or on behalf of, certain persons with child support arrearages shall be paid to the
Department of Social Services to pay any child support the defendant owes.
Was read the second time.
The question being "Shall HB 1126 pass as amended?"
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley;
Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville;
Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
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 1255: FOR AN ACT ENTITLED, An Act to prohibit the enforcement of surrogacy
arrangements.
Was read the second time.
The question being "Shall HB 1255 pass as amended?"
And the roll being called:
Yeas 36, Nays 34, Excused 0, Absent 0
Yeas:
Bolin; Brunner; Conzet; Cronin; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel;
Hunt; Jensen; Kirschman; Kloucek; Kopp; Liss; Lust; Miller; Moser; Munsterman; Nelson
(Stace); Olson (Betty); Russell; Schaefer; Sly; Steele; Stricherz; Tornow; Tulson; Van Gerpen;
Vanneman; Venner; Verchio; Wick; Willadsen; Speaker Rausch
Nays:
Abdallah; Blake; Boomgarden; Carson; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert;
Feinstein; Gibson; Hawley; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirkeby;
Lucas; Magstadt; Novstrup (David); Perry; Romkema; Rozum; Schrempp; Scott; Sigdestad;
Solum; Street; Turbiville; White; Wink; Wismer
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 1266: FOR AN ACT ENTITLED, An Act to reduce the period of time necessary to
cure and validate certain adoption proceedings.
Was read the second time.
The question being "Shall HB 1266 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
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 1273: FOR AN ACT ENTITLED, An Act to prohibit the sale of loose leaf incense to
minors, to prohibit certain marketing techniques, to regulate the sale of certain types of incense,
to provide penalties therefor, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1273 pass as amended?"
And the roll being called:
Yeas 66, Nays 3, Excused 1, Absent 0
Nays:
Boomgarden; Fargen; Tornow
Excused:
Abdallah
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 1206: FOR AN ACT ENTITLED, An Act to make an appropriation for Feeding South
Dakota and to repeal the sales tax on food refund program.
Was read the second time.
The question being "Shall HB 1206 pass as amended?"
And the roll being called:
Yeas 49, Nays 18, Excused 3, Absent 0
Yeas:
Blake; Brunner; Conzet; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson;
Greenfield; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen;
Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Nelson (Stace); Olson (Betty); Perry; Rozum; Schaefer; Schrempp; Scott;
Sigdestad; Sly; Steele; Street; Stricherz; Tulson; Van Gerpen; Venner; Verchio; Willadsen;
Wismer
Nays:
Bolin; Boomgarden; Carson; Cronin; Dryden; Gosch; Haggar; Hoffman; Hunt; Novstrup
(David); Romkema; Solum; Tornow; Turbiville; Vanneman; White; Wink; Speaker Rausch
Excused:
Abdallah; Russell; Wick
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.
Rep. Lust moved that SB 32, 4, 9, 36, 38, 45, 35, and 99 be deferred to Wednesday,
February 15, the 22nd legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1001 and 1076 were
delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 14, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1009, 1010, 1026, 1027, 1028, 1044, and 1075 and
finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1009: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to
licenses issued by the Board of Pharmacy.
HB 1010: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
statutes and rules related to the Department of Health.
HB 1026: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary
statutes related to the Department of Social Services.
HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state
employees and to the administration of state personnel matters.
HB 1044: FOR AN ACT ENTITLED, An Act to repeal certain statutes relating to the
Bureau of Intergovernmental Relations.
HB 1075: FOR AN ACT ENTITLED, An Act to allow certain property tax documents to
be transmitted electronically.
SB 102: FOR AN ACT ENTITLED, An Act to clarify the procedures for the
apportionment of funds among townships.
And signed the same in the presence of the House.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
5:49 p.m. the House adjourned.