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JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 15, 2012
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge
of Allegiance led by House pages Lana Nelson and Rebekah Nelson.
Roll Call: All members present except Reps. Carson, Elliott, Venner, and Wink who were
excused.
APPROVAL OF THE JOURNAL
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-first day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Respectfully submitted,
Val Rausch, Chair
Which motion prevailed.
HONORED GUESTS
Rep. Dennert introduced Duane Alm, a member of the Aberdeen School District Board of
Education, the Associated School Boards of South Dakota Outstanding School Board Member
for 2011.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 8
and 127 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 5
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
Respectfully submitted,
Thomas J. Brunner, Chair
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 11, 62, and 93 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 19, 56, 57, and 168 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
Respectfully submitted,
David Lust, Chair
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 65 and 87 and returns the same with the recommendation that said bills do
pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 115 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Respectfully submitted,
Roger D. Solum, Chair
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 13
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 39
and 41 and returns the same with the recommendation that said bills do pass and be placed on
the consent calendar.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 42
and returns the same with the recommendation that said bill be amended as follows:
42rd
On page 4, after line 6 of the Senate engrossed bill, insert:
" Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.".
42rta
On page 1, line 1, of the Senate engrossed bill, after "corpus" insert "and to declare an
emergency".
And that as so amended said bill do pass.
Respectfully submitted,
Roger W. Hunt, Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to return herewith HB 1042 and 1043 which have passed the Senate
without change.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 10, 48, 49, 71, 77, 80, 82, 85, 128, 130, 138, 139,
170, 187, 188, 192, and 193 which have passed the Senate and your favorable consideration is
respectfully requested.
Respectfully,
Fee Jacobsen, Secretary
MOTIONS AND RESOLUTIONS
HCR 1009 Introduced by: Representatives Stricherz, Bolin, Brunner, Fargen, Hickey,
Hubbel, Hunt, Iron Cloud III, Killer, Lucas, Lust, Olson (Betty), Russell, Schaefer, Verchio, and
Willadsen and Senators Bradford, Kraus, Maher, Nygaard, and Tieszen
A CONCURRENT RESOLUTION, Urging the federal government to honor tribal identification
cards.
WHEREAS, tribal nations bear the same responsibilities as other jurisdictions for
identifying and protecting tribal citizens, as well as preparing for and responding to natural
disasters, terrorism, and other homeland security related events; and
WHEREAS, the United States government has the responsibility to protect tribal
sovereignty and to fulfill its trust obligations to Native American tribes and people; and
WHEREAS, the federal REAL ID Act mandates federal standards for state driver licenses
and identification cards and specifies the documents that states must require to issue driver
licenses, as well as placing uniform information on every driver license in a standard format.
The act also prohibits federal agencies and federally-regulated commercial aircraft from
accepting a driver license or identification card issued by a state that has not fully complied with
the act; and
WHEREAS, as a result of several post-9/11 laws, such as the REAL ID Act, the Western
Hemisphere Travel Initiative, and the Help America Vote Act, identification cards have been
required for a number of purposes, including obtaining Medicare benefits, voting, flying
domestically, obtaining a driver license, and entering federal facilities; and
WHEREAS, federal requirements relating to these laws have required the use of increasing
levels of technology and security measures in producing identification cards at the state level
and the use of additional documentation necessary to verify identity; and
WHEREAS, most Native American tribes issue tribal identification cards to their members.
Many tribal citizens do not have state or federal ID but have tribal identification; and
WHEREAS, the State of South Dakota currently allows the use of tribal identification cards
for a number of purposes, including voting, banking transactions, cashing checks, and tobacco
purchases; and
WHEREAS, many tribes are not currently able to issue identification cards that meet federal
requirements and will need federal assistance in acquiring the equipment and technology
necessary to comply with federal requirements relating to identification documents:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature calls upon Congress and all states to recognize valid tribal government
identification cards for all official purposes for which identification cards are required, including
voting and obtaining driver licenses; and
BE IT FURTHER RESOLVED, that the Legislature requests the United States Congress and
the Department of Homeland Security, as part of their federal trust responsibility, to provide the
necessary technical assistance and resources for development and issuance of tribal
identification cards that meet appropriate technological and security standards.
Was read the first time and the Speaker waived the committee referral.
HCR 1010 Introduced by: Representatives Hansen (Jon), Cronin, Dennert, Fargen,
Feickert, Feinstein, Gosch, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Lucas, Moser,
Rausch, Schrempp, Sigdestad, Street, Tornow, Wick, and Willadsen and Senators Frerichs,
Hansen (Tom), Haverly, Hundstad, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al),
Peters, Rampelberg, Rhoden, and Sutton
A CONCURRENT RESOLUTION, Urging Congress to adopt a proposed constitutional
amendment limiting federal legislation to a single subject.
WHEREAS, the United States of America, in two hundred thirty-five years since her
founding, and two hundred twenty-three years since the ratification of her Constitution, has
become a great nation; and
WHEREAS, to reach agreement amidst diversity, we must discover those ideas which unite
us; and
WHEREAS, to find what unites us, we cannot be distracted by what divides us and must be
permitted to agree on some things, while respectfully disagreeing on others; and
WHEREAS, if we must agree on everything to do anything, we will achieve nothing; and
WHEREAS, federal legislation has become increasingly complex, lengthy, and filled with
such disparate items, that the meaning and effects of proposed laws are difficult to discern,
detect, and discuss; and
WHEREAS, forty-three states have provisions in their constitutions that limit the scope of
legislation to one subject per bill; and
WHEREAS, while one-subject provisions have not resolved all differences and are not
perfect, they have made legislation more easily understood and more transparent; and
WHEREAS, these one-subject provisions have focused discussion and allowed legislators
from across the United States of America to unite when they agree, without being divided by
their differences; and
WHEREAS, while no one amendment or action will completely unite us or overcome all
our nation's challenges, all great achievements are begun with one step for America; and
WHEREAS, our founders understood that no one thing solves everything, and so strove not
for a perfect union but a more perfect union:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, the Senate concurring therein, that the
Congress of the United States of America be urged to adopt a proposed constitutional
amendment stating: "No law shall embrace more than one subject, which shall be expressed in
its title."
Was read the first time and the Speaker waived the committee referral.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Thursday, February 16, the 23rd legislative day.
Which motion prevailed.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Lust moved that the report of the Standing Committee on
Health and Human Services on SB 72 as found on page 455 of the House Journal be
adopted.
Which motion prevailed.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 10: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
boating while under the influence.
Was read the first time and referred to the Committee on Judiciary.
SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2012.
Was read the first time and referred to the Committee on Appropriations.
SB 49: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general
fund of a school district.
Was read the first time and referred to the Committee on State Affairs.
SB 71: FOR AN ACT ENTITLED, An Act to modify the requirements relating to the
publication of the administrative rules.
Was read the first time and referred to the Committee on State Affairs.
SB 77: FOR AN ACT ENTITLED, An Act to provide for the establishment of a
scholarship program for postsecondary technical institute students and to make an appropriation
therefor.
Was read the first time and referred to the Committee on State Affairs.
SB 80: FOR AN ACT ENTITLED, An Act to exempt veterans from the twelve-month
residency requirement for the purposes of tuition and fees.
Was read the first time and referred to the Committee on Education.
SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
unclaimed property trust fund.
Was read the first time and referred to the Committee on Appropriations.
SB 85: FOR AN ACT ENTITLED, An Act to revise the calculation of the small school
adjustment in the state aid to education formula, and to provide for the distribution of certain
funds to school districts.
Was read the first time and referred to the Committee on Appropriations.
SB 128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
elections.
Was read the first time and referred to the Committee on Local Government.
SB 130: FOR AN ACT ENTITLED, An Act to require the school board of each school
district to adopt a policy prohibiting bullying.
Was read the first time and referred to the Committee on Education.
SB 138: FOR AN ACT ENTITLED, An Act to revise the state aid to education formula
and to make an appropriation.
Was read the first time and referred to the Committee on State Affairs.
SB 139: FOR AN ACT ENTITLED, An Act to establish the Teach for America grant
program within the Department of Education and to make an appropriation therefor.
Was read the first time and referred to the Committee on Education.
SB 170: FOR AN ACT ENTITLED, An Act to provide for the enhancement of economic
development in South Dakota.
Was read the first time and referred to the Committee on State Affairs.
SB 187: FOR AN ACT ENTITLED, An Act to reformulate the legislative agency review
with an independent performance audit and to repeal certain provisions regarding the legislative
review of state agencies.
Was read the first time and referred to the Committee on State Affairs.
SB 188: FOR AN ACT ENTITLED, An Act to authorize the establishment, operation, and
control of research parks on lands controlled by the Board of Regents.
Was read the first time and referred to the Committee on State Affairs.
SB 192: FOR AN ACT ENTITLED, An Act to make appropriations for the purpose of
one-time increases in education and health care funding.
Was read the first time and referred to the Committee on Appropriations.
SB 193: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2012 and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SECOND READING OF CONSENT CALENDAR ITEMS
SB 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
personalized motor vehicle license plates.
Was read the second time.
Rep. Tornow requested that SB 107 be removed from the Consent Calendar.
Which request was granted.
SB 69: FOR AN ACT ENTITLED, An Act to repeal the sunset provision on certain
statutes relating to nursing homes on Indian reservations.
Was read the second time.
Rep. Greenfield requested that SB 69 be removed from the Consent Calendar.
Which request was granted.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 32: FOR AN ACT ENTITLED, An Act to revise the suitability requirements for
annuities.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 32 pass as amended?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
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; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch
Excused:
Carson; Elliott; Venner; Wink
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 the permissible uses of the cigarette
fire safety standard act fund.
Was read the second time.
The question being "Shall SB 50 pass?"
And the roll being called:
Yeas 55, Nays 11, Excused 4, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert;
Feinstein; Gibson; Gosch; Greenfield; Hansen (Jon); Hawley; Hoffman; Hubbel; Hunhoff
(Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lucas;
Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema;
Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Boomgarden; Haggar; Hickey; Kopp; Miller; Olson (Betty); Rozum; Russell; Schaefer; Steele;
Verchio
Excused:
Carson; Elliott; Venner; Wink
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.
SB 4: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the
veterans' bonus program and to declare an emergency.
Was read the second time.
Rep. Kloucek moved that SB 4 be amended as follows:
On page 1, line 9, of the printed bill, delete "by" and insert "in section 1 of".
On page 1, line 10, after "Whereas," insert "section 1 of".
On page 1, line 11, after "and" insert "section 1 of".
On page 1, after line 12, insert:
" Section 5. That § 33A-1-16 be amended to read as follows:
33A-1-16. The Department of Veterans Affairs shall cooperate with all national, state,
county, municipal, and private social agencies in securing to veterans, National Guard or
Reserve members, and their dependents the benefits provided by national, state, and county
laws, municipal ordinances, or public or private social agencies. To that end, the department
may hold schools of instruction for county and tribal veterans service officers, or call in for
instruction individual county or tribal veterans service officers if, in the judgment of the
Department of Veterans Affairs, the giving of such instructions or holding of such schools is in
the best interest of the work of the department. The department may pay the actual necessary
expenses of any such county service officer when attending such schools of instruction away
from the officer's home county, out of the funds appropriated for the administration of the
department. The expenses may be paid out only on duly itemized vouchers presented to the state
auditor and approved by the secretary of veterans affairs.
Section 6. There is hereby appropriated from the general fund the sum of one hundred sixty-seven thousand dollars ($167,000), or so much thereof as may be necessary, to the Department
of Veterans Affairs to be used for reimbursement of salary and expenses of veterans' service
officers in accordance with §§ 33A-1-16, 33A-1-30, and 33A-1-31.
Section 7. Any amounts appropriated in section 6 of this Act not lawfully expended or
obligated by June 30, 2013, shall revert in accordance with the procedures prescribed in chapter
4-8.".
Rep. Cronin moved that Rep. Kloucek's motion to amend SB 4 be laid on the table.
A roll call vote was requested and supported.
The question being on Rep. Cronin's motion that Rep. Kloucek's motion to amend SB 4
be laid on the table.
And the roll being called:
Yeas 43, Nays 22, Excused 5, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dryden; Fargen; Gosch;
Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Kirkeby; Kopp; Liss; Lust; Magstadt;
Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Schaefer; Scott; Sly; Solum; Steele; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio;
White; Wick; Willadsen; Speaker Rausch
Nays:
Blake; Dennert; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hunhoff (Bernie); Iron Cloud
III; Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Russell; Schrempp; Sigdestad;
Street; Stricherz; Tornow; Wismer
Excused:
Carson; Elliott; Jensen; Venner; Wink
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and the amendment was tabled.
The question being "Shall SB 4 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
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; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch
Excused:
Carson; Elliott; Venner; Wink
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.
SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain
family physicians and dentists who have complied with the requirements of the physician tuition
reimbursement program and dental tuition reimbursement program and to declare an emergency.
Was read the second time.
The question being "Shall SB 9 pass?"
And the roll being called:
Yeas 61, Nays 4, Excused 5, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hubbel;
Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek;
Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty);
Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele;
Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick;
Willadsen; Wismer; Speaker Rausch
Nays:
Hansen (Jon); Liss; Nelson (Stace); Tornow
Excused:
Carson; Elliott; Hoffman; Venner; Wink
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.
SB 36: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
Was read the second time.
The question being "Shall SB 36 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; 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; 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; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch
Excused:
Carson; Elliott; Gosch; Hoffman; Venner; Wink
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.
SB 38: FOR AN ACT ENTITLED, An Act to provide for the transfer of control of an
office building in Rapid City, to make an appropriation for the construction and renovation of
the office building, and to declare an emergency.
Was read the second time.
The question being "Shall SB 38 pass as amended?"
And the roll being called:
Yeas 57, Nays 8, Excused 5, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirkeby; Kirschman; Kloucek; Kopp;
Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz;
Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Jensen; Jones; Liss; Nelson (Stace); Russell; Steele; Tornow; Verchio
Excused:
Carson; Elliott; Hoffman; Venner; Wink
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.
SB 45: FOR AN ACT ENTITLED, An Act to appropriate additional funds and to extend
the availability of appropriations to replace storage facilities at the Cottonwood Agricultural
Experiment Station.
Was read the second time.
The question being "Shall SB 45 pass?"
And the roll being called:
Yeas 49, Nays 16, Excused 5, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gosch; Haggar; Hawley; Hunhoff (Bernie); Hunt; Iron Cloud III;
Jones; Killer; Kirschman; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup
(David); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street;
Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wismer;
Speaker Rausch
Nays:
Gibson; Greenfield; Hansen (Jon); Hickey; Hubbel; Jensen; Kirkeby; Kloucek; Kopp; Liss;
Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Verchio
Excused:
Carson; Elliott; Hoffman; Venner; Wink
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.
SB 35: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations
and increase certain civil penalties regarding pipeline safety inspection.
Was read the second time.
The question being "Shall SB 35 pass?"
And the roll being called:
Yeas 55, Nays 8, Excused 7, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley;
Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Liss; Lucas;
Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema;
Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville;
Van Gerpen; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Hubbel; Kopp; Miller; Nelson (Stace); Russell; Steele; Tornow; Verchio
Excused:
Carson; Elliott; Hickey; Hoffman; Kloucek; Venner; Wink
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 99: FOR AN ACT ENTITLED, An Act to prohibit certain licensees or employees of
a licensed establishment who have been charged with certain felony offenses from entering the
licensed premises and to provide a penalty therefor.
Was read the second time.
Rep. Hunt moved that SB 99 be deferred to Tuesday, February 21, the 24th legislative day.
Which motion prevailed.
SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcohol
or drug commitments.
Was read the second time.
The question being "Shall SB 14 pass?"
And the roll being called:
Yeas 59, Nays 4, Excused 7, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Conzet; Deelstra; Dennert; Dryden; Fargen; Feickert;
Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hunhoff
(Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp;
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; Verchio; White; Wick; Willadsen;
Wismer; Speaker Rausch
Nays:
Hubbel; Liss; Nelson (Stace); Russell
Excused:
Abdallah; Carson; Cronin; Elliott; Hoffman; Venner; Wink
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 15: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
treatment of persons with mental illness, including consent to treatment.
Was read the second time.
The question being "Shall SB 15 pass as amended?"
And the roll being called:
Yeas 54, Nays 10, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hunhoff
(Bernie); Hunt; Iron Cloud III; Jones; Kirkeby; Kirschman; Kopp; Lucas; Lust; Magstadt;
Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van
Gerpen; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Greenfield; Hubbel; Jensen; Killer; Liss; Miller; Nelson (Stace); Russell; Tornow; Verchio
Excused:
Carson; Elliott; Hoffman; Kloucek; Venner; Wink
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 23: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
Was read the second time.
The question being "Shall SB 23 pass as amended?"
And the roll being called:
Yeas 63, Nays 1, Excused 6, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden;
Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Kirkeby; Kirschman; 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; Verchio;
White; Wick; Willadsen; Wismer; Speaker Rausch
Nays:
Killer
Excused:
Carson; Elliott; Hoffman; Kloucek; Venner; Wink
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.
There being no objection, the House reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1154 was delivered
to his Excellency, the Governor, for his approval at 9:00 a.m., February 15, 2012.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1042 and 1043 and finds the same correctly enrolled.
Respectfully submitted,
Val Rausch, Chair
SIGNING OF BILLS
The Speaker publicly read the title to
HB 1042: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes relating
to the State Cement Plant Commission.
HB 1043: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
full-time equivalent staffing report.
SB 33: FOR AN ACT ENTITLED, An Act to revise the exemptions for insurance agent
examinations.
SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions and delete certain
obsolete provisions pertaining to the Department of Labor and Regulation.
SB 51: FOR AN ACT ENTITLED, An Act to eliminate an obsolete reference to the
Division of Commercial Inspection and Regulation.
And signed the same in the presence of the House.
COMMEMORATIONS
HC 1021 Introduced by: Representatives Kloucek, Abdallah, Blake, Bolin, Dennert, Elliott,
Feickert, Feinstein, Gibson, Hawley, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jones,
Killer, Kirkeby, Kirschman, Lucas, Magstadt, Moser, Nelson (Stace), Perry, Rausch, Russell,
Schrempp, Sigdestad, Solum, Street, Stricherz, Turbiville, Van Gerpen, Verchio, and Wismer
and Senators Hundstad, Adelstein, Begalka, Bradford, Cutler, Frerichs, Fryslie, Holien, Hunhoff
(Jean), Maher, Nelson (Tom), Novstrup (Al), Nygaard, Putnam, Rampelberg, Rhoden, and
Sutton
A LEGISLATIVE COMMEMORATION, Commending and honoring the VFW Voice of
Democracy, Patriot's Pen, and Teachers of the Year award winners of 2012.
WHEREAS, the Voice of Democracy and Patriot's Pen scholarship programs sponsored by
the Veterans of Foreign Wars provide millions of dollars each year and provide an opportunity
for middle school students to think, write, and speak up for our country for freedom and
democracy. The Voice of Democracy theme for this year is: "Is There Pride In Serving Our
Military?" and the Patriot's Pen theme is: "Are You Proud of Your Country?"; and
WHEREAS, the recipients of the Voice of Democracy (grades 9-12), Patriot's Pen (grades
6-8), and Teachers of the Year awards were announced on February 7, 2012, in Pierre at the
VFW State Voice of Democracy Patriot Award Banquet; and
WHEREAS, the Voice of Democracy winner, Zachary Christy from Belle Fourche, won a
$500 scholarship and a trip to Washington, D.C., where he has a chance to win additional
scholarships; and
WHEREAS, Patriot's Pen first place winner Kate Kruse of Lesterville won $250, and second
place winner Preston Barr of Aberdeen won a $200 savings bond; and
WHEREAS, VFW K-5 Teacher of the Year was Teresa Milliron of Watertown. JoAnn
Volkenant of Waverly won Middle School Teacher of the Year, and Blake Proefrock of Lead
won High School Teacher of the Year; and
WHEREAS, escorting the winners to receive their awards were: Past National
VFW Commander Walley Hogan, Past National VFW Ladies Auxiliary President Dixie Hild,
SD VFW Commander Verne Hansen, SD VFW Ladies Auxiliary President Jan Endes, and
Dennis and Karen Sharp, who served as hosts for the Voice of Democracy in Pierre for twenty
years:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of
the State of South Dakota, that the 2012 VFW Voice of Democracy, Patriot's Pen, and Teachers
of the Year award winners are to be honored and commemorated for putting patriotic words into
action and for their programs that provide an opportunity for middle school students to think,
write, and speak up for our country and for freedom and democracy.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:39 p.m. the House adjourned.
Karen Gerdes, Chief Clerk