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JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 27, 2012
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Father Michael Griffin, followed by the Pledge
of Allegiance led by House pages Vanessa Cortes and Makenzie Hageman.
Roll Call: All members present except Rep. Stricherz who was 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-seventh 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. Kloucek introduced the Tabor Czech Days Royalty: Queen Emily Manas, Princess
Jenna Lammers, and Prince Matthew Schaeffer.
Rep. Wismer introduced Courtney Peterson of Sisseton, the 2012 Miss Rodeo South
Dakota.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 49 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 187 and returns the same with the recommendation that said bill be amended as follows:
187oc
On page 1 of the Senate State Affairs Committee engrossed bill, delete lines 5 to 8,
inclusive.
187otc
On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete everything
after "to" .
On page 1, line 2, delete everything before "repeal" .
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1016 and returns the same with the recommendation that said resolution be amended as
follows:
c1016ya
On page 2 of the printed resolution, delete lines 23 and 24.
On page 3, delete line 1.
C1016yta
On page 1, line 2, of the printed resolution, delete everything after "(ICAO)" .
On page 1, line 3, delete everything before "," .
And that as so amended said resolution be adopted.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 138 which was tabled.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1017 which was deferred to the 41st Legislative Day.
Respectfully submitted,
David Lust, Chair
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 80
and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
SB 130 and returns the same with the recommendation that said bill be amended as follows:
130cg
On the Senate Education Committee engrossed bill, delete everything after the enacting
clause and insert:
" Section 1. If a school district does not have a bullying policy, the school district shall
follow the model bullying policy in section 6 of this Act until such time as the school district
adopts its own bullying policy. Nothing in this Act supplants or preempts an existing school
district policy.
Section 2. Bullying is a pattern of repeated conduct that causes physical hurt or
psychological distress on one or more students that may include threats, intimidation, stalking
as defined in chapter 22-19A, physical violence, theft, destruction of property, any threatening
use of data or computer software, written or verbal communication, or conduct directed against
a student that:
(1) Places a student in reasonable fear of harm to his or her person or damage to his or
her property; and either
(2) Substantially interferes with a student's educational performance; or
(3) Substantially disrupts the orderly operation of a school.
For the purposes of this Act, bullying also includes retaliation against a student for asserting
or alleging an act of bullying.
Section 3. Each school district policy developed pursuant to this Act may contain the
following provisions:
(1) A statement prohibiting bullying and a definition of bullying that includes the
definition listed in section 2 of this Act;
(2) A description of the type of behavior expected from each student of the school
district, and the consequences for a student of the school district who commits an act
of bullying;
(3) A procedure for reporting an act of bullying, including provisions that permit a
person to anonymously report such an act, although formal disciplinary action may
not be based solely on an anonymous report;
(4) A procedure for the prompt investigation and response to any report of bullying,
including a requirement that an investigation be conducted on any alleged incident
of bullying committed against a child while the child is aboard a school bus, at a
school bus stop, or at a school-sponsored event; and
(5) A statement that all students are protected with no mention of any protected classes
of students.
Section 4. Any school district employee, school volunteer, student, or parent who promptly
reports in good faith an act of bullying to the appropriate school district official as designated
in the school district's policy, and who makes the report in compliance with the provisions of
the school district's policy is immune from any cause of action for damages arising from failure
to remedy the reported incident.
Section 5. Neither the physical location nor the time of day of any incident involving the use
of computers or other electronic devices is a defense to any disciplinary action taken by a school
district for conduct determined to meet the definition of bullying in section 2 of this Act.
Section 6. The model bullying policy pursuant to this Act is as follows:
PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING
The School District is committed to maintaining a constructive, safe school climate that is
conducive to student learning and fostering an environment in which all students are treated
with respect and dignity.
Persistent bullying can severely inhibit a student's ability to learn and may have lasting
negative effects on a student's life. The bullying of students by students, staff, or third parties
is strictly prohibited and will not be tolerated.
Bullying consists of repeated physical, verbal, non-verbal, written, electronic, or any conduct
directed toward a student that is so pervasive, severe, and objectively offensive that it:
(1) Has the purpose of creating or resulting in an intimidating, hostile, or offensive
academic environment; or
(2) Has the purpose or effect of substantially or unreasonably interfering with a student's
academic performance which deprives the student access to educational
opportunities.
Any staff member observing or suspecting bullying toward another individual is required
to report the issue to his or her building supervisor.
This policy is in effect while students are on property within the jurisdiction of the School
Board; while students are in school-owned or school-operated vehicles; and while students are
attending or engaged in school-sponsored activities.
The District will act to investigate all complaints (formal or informal, verbal or written) of
bullying. A formal complaint may be submitted to the building principal. Any student engaging
in an act of bullying is subject to discipline pursuant to the District's student discipline
procedure.
This policy may not be interpreted to prohibit civil exchange of opinions or debate protected
under the state or federal constitutions if the opinion expressed does not otherwise materially
or substantially disrupt the education process or intrude upon the rights of others."
And that as so amended said bill do pass.
Respectfully submitted,
Thomas J. Brunner, Chair
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 77 and returns the same with the recommendation that said bill be amended as follows:
77ba
On the Senate Education Committee engrossed bill, delete everything after the enacting
clause and insert:
" Section 1. The Dakota Tech scholarship program is hereby established within the
Department of Labor and Regulation. Dakota Tech scholarships shall be awarded to encourage
students at South Dakota's postsecondary technical institutes who are trained for employment
in areas of critical need to remain in South Dakota upon completion of their postsecondary
technical education. The Department of Labor and Regulation shall provide for the awarding
of Dakota Tech scholarships in accordance with the provisions of this Act.
Section 2. Terms used in this Act mean:
(1) "Area of critical need," an occupation within South Dakota for certain types of
employers in certain geographical areas as specified by rules promulgated by the
department pursuant to section 14 of this Act;
(2) "Dakota Tech scholarship award," an amount awarded to an individual student under
the Dakota Tech scholarship program;
(3) "Department," the Department of Labor and Regulation;
(4) "Postsecondary technical institute," a postsecondary institute established pursuant to
chapter 13-39.
Section 3. The Department of Labor and Regulation shall administer the Dakota Tech
scholarship program. The department shall, in accordance with the provisions of this Act,
provide for the selection of scholarship recipients, the disbursement of scholarship funds, the
collection and repayment of funds from recipients who have become ineligible, and other
measures necessary for the implementation of this Act.
Section 4. To be eligible for a Dakota Tech scholarship a person shall:
(1) Have a high school diploma or general equivalency diploma (GED);
(2) Agree in writing to stay in South Dakota and work in an area of critical need for a
period of four years following graduation from a postsecondary technical institute;
and
(3) Enroll in or be accepted for enrollment by a postsecondary technical institute for a
course of study in an area of critical need leading to a technical degree from the
postsecondary technical institute.
Section 5. In order to maintain eligibility for a Dakota Tech scholarship a person shall:
(1) Maintain a 2.5 grade point average on a 4.0 scale and maintain standing as a full-time
or part-time student at a postsecondary technical institute;
(2) Attend a postsecondary technical institute and earn a technical degree in an area of
critical need within four years after the person's first enrollment at the technical
institute.
Section 6. A Dakota Tech scholarship award shall be in the amount of five thousand dollars
per student and is awarded once for the duration of the student's course of study. The department
may award Dakota Tech scholarships only to the extent that funds are available to provide
scholarships. If the amount of money in the Dakota Tech scholarship fund is insufficient to
provide a Dakota Tech scholarship to all eligible applicants, the department shall consider a
person's field of study and financial need in awarding a Dakota Tech scholarship.
Section 7. If a person has been awarded a Dakota Tech scholarship, the department shall pay
the postsecondary technical institute at which the person is enrolled the amount of five thousand
dollars, to be deducted from the person 's tuition and fees over the duration of the person's
course of study. The amount of the scholarship constitutes an obligation owed by the person to
the department, which may be discharged as provided in sections 8 to 11, inclusive, of this Act.
Section 8. A person who has received a Dakota Tech scholarship is not required to repay any
part of the scholarship if within six months of earning an eligible technical degree the person
begins employment and is continuously employed in South Dakota for a period of forty-eight
consecutive months in an area of critical need. A course of study and corresponding
employment or occupation that was deemed an area of critical need at the time of the person's
scholarship award remains an area of critical need for the duration of the person's course of
study and for the forty-eight month employment period for purposes of determining any
repayment obligation that the person may incur.
Section 9. If a person who has received a Dakota Tech scholarship does not maintain
eligibility as specified in section 5 of this Act, the person shall reimburse the department the
amount of the scholarship paid on behalf of the person, according to a repayment schedule set
by the department in rules promulgated pursuant to chapter 1-26.
Section 10. If a person who has received a Dakota Tech scholarship does not meet the
requirement in section 8 of this Act, the person shall reimburse the department the amount of
the scholarship paid on behalf of the person, according to a repayment schedule set by the
department in rules promulgated pursuant to chapter 1-26. The amount of repayment shall be
based on the ratio of forty-eight months minus the number of months a person was continuously
employed in an area of critical need to forty-eight months.
Section 11. If a person who has received a Dakota Tech scholarship is unable to maintain
eligibility or remain employed in an area of critical need for forty-eight consecutive months due
to factors outside the control of the person, the department may waive or delay the eligibility
or repayment provisions of this Act.
Section 12. A person who has received a Dakota Tech scholarship shall annually report to
the department the person's academic and occupational status on forms prescribed by the
department.
Section 13. The Dakota Tech scholarship fund is hereby established as a separate fund in
the state treasury to be administered by the Department of Labor and Regulation. Money in the
fund shall be used to implement the Dakota Tech scholarship program established pursuant to
this Act. Money may enter the fund through legislative appropriations, fees, contributions,
donations, grants, loans, interest received on money in the fund, and any other lawful public or
private source. Money in the fund shall be appropriated by the Legislature through the normal
budget process. Any expenditure from the fund shall be paid on warrants drawn by the state
auditor on vouchers approved by the secretary of the Department of Labor and Regulation.
Section 14. The Department of Labor and Regulation shall promulgate rules, pursuant to
chapter 1-26, to implement the Dakota Tech scholarship program. The rules shall define
occupations and geographical areas as areas of critical need, establish procedures for the
awarding and acceptance of scholarships, establish requirements and guidelines to be followed
by the department in implementing the program, establish criteria for monitoring the academic
and occupational status of persons who have received a scholarship, establish financial need
criteria, establish repayment schedules, and establish other procedures and requirements
necessary for the implementation of the scholarship program.
Section 15. There is hereby appropriated from the general fund the sum of one hundred
dollars ($100), or so much thereof as may be necessary, to the Department of Labor and
Regulation to be deposited into the Dakota Tech scholarship fund and made available, beginning
on the effective date of this Act, to fund scholarships under the Dakota Tech scholarship
program as provided in this Act. This appropriation may be used only for the funding of
scholarships under the program. Administrative costs and other costs incurred in the
implementation of the program may be met only through the use of funds from sources other
than this appropriation.
Section 16. The secretary of the Department of Labor and Regulation shall approve vouchers
and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 17. Any amounts appropriated in this Act not lawfully expended or obligated by
June 30, 2013, shall revert in accordance with the procedures prescribed in chapter 4-8."
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 139 and returns the same with the recommendation that said bill be amended as follows:
139ba
On page 2, line 19, of the Senate engrossed bill, delete "dollar ($1)" and insert "hundred
dollars ($100)".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 193 and returns the same with the recommendation that said bill be amended as follows:
193ub
On page 2, line 16, of the Senate Appropriations Committee engrossed bill, delete "17" and
insert "2".
On page 2, line 18, delete "BUREAU OF FINANCE AND MANAGEMENT" and insert
"DEPARTMENT OF EXECUTIVE MANAGEMENT".
193bb
On page 2, line 20, of the Senate Appropriations Committee engrossed bill, delete
"$12,296,256" and insert "$1".
On page 2, line 21, delete "$5,692,174" and insert "$1".
On page 2, line 22, delete "$13,210,064" and insert "$1".
On page 2, line 23, delete "$193,023" and insert "$1".
And that as so amended said bill do pass.
Respectfully submitted,
Dean Wink, Chair
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 146
and 148 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 141
and returns the same with the recommendation that said bill be amended as follows:
141rd
On page 1, line 9, of the Senate Judiciary Committee engrossed bill, delete ", dating,".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 149
and returns the same with the recommendation that said bill be amended as follows:
149ra
On page 2, after line 1 of the printed bill, insert:
" Section 2. That § 25-10-40 be amended to read as follows:
25-10-40. No police officer or sheriff may release a person charged with assaulting a family
or household member, as defined in subdivision 25-10-1(2), or violating a protection order, as
provided for in this chapter, without providing notice to a committing magistrate judge or circuit
court. A committing magistrate judge or circuit court shall determine if bond or other conditions
of release are necessary for the protection of the alleged victim.
If the defendant is released without bond, a condition of no contact with the victim shall be
stated and incorporated into the terms of the conditional release. Willful violation of any such
no contact provision is a Class 1 misdemeanor. ".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 183
and returns the same with the recommendation that said bill be amended as follows:
183ra
On page 1, line 10, of the printed bill, delete "an affirmative defense to the offense" and
insert "not an act".
On page 1, line 10, delete "that" and insert "if".
On page 1, line 11, delete "that" and insert "if".
On page 1, line 12, delete "that" and insert "if".
On page 1, line 13, delete "an affirmative defense to the offense" and insert "not an act".
On page 1, line 14, after "sexting" delete "that" and insert "if".
And that as so amended said bill do pass.
Respectfully submitted,
Roger W. Hunt, Chair
REPORTS OF CONFERENCE COMMITTEES
MR. SPEAKER:
The Conference Committee respectfully reports that it has considered SB 99 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do concur with the House amendments.
Respectfully submitted, Respectfully submitted,
Jim White Tom Hansen
House Committee Chair Senate Committee Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to return herewith HB 1052, 1107, 1138, 1182, 1187, 1269, and 1270
which have passed the Senate without change.
Also MR. SPEAKER:
I have the honor to return herewith HCR 1009 in which the Senate has concurred.
Also MR. SPEAKER:
I have the honor to return herewith HB 1196 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
Respectfully,
Fee Jacobsen, Secretary
MOTIONS AND RESOLUTIONS
Rep. Lust moved that the House do concur in Senate amendments to HB 1059.
The question being on Rep. Lust's motion that the House do concur in Senate amendments
to HB 1059.
And the roll being called:
Yeas 64, Nays 3, Excused 3, Absent 0
Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden;
Elliott; Fargen; Feickert; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby;
Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace);
Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott;
Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Nays:
Gibson; Lucas; Wismer
Excused:
Blake; Russell; Stricherz
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. Nelson moved that the House do concur in Senate amendments to HB 1230.
The question being on Rep. Nelson's motion that the House do concur in Senate
amendments to HB 1230.
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; 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; Schaefer;
Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tornow; Tulson; Turbiville; Van
Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Dennert; Vanneman
Excused:
Russell; Stricherz
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. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Tuesday, February 28, the 29th legislative day.
Which motion prevailed.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Lust moved that the reports of the Standing Committees on
Education on SB 25 as found on page 595 of the House Journal; also
State Affairs on SB 162 as found on pages 595 to 598 of the House Journal; also
State Affairs on SB 161 as found on page 598 of the House Journal; also
Commerce and Energy on SB 170 as found on pages 610 to 614 of the House Journal; also
Judiciary on SB 43 as found on page 614 of the House Journal; also
Judiciary on SB 91 as found on pages 614 and 615 of the House Journal be adopted.
Which motion prevailed.
SECOND READING OF CONSENT CALENDAR ITEMS
SB 145: FOR AN ACT ENTITLED, An Act to prohibit rebates and regulate contracts for
residential roofing goods and services.
Was read the second time.
The question being "Shall SB 145 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, 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; 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;
Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Tornow
Excused:
Russell; Stricherz
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 158: FOR AN ACT ENTITLED, An Act to create an exception to the loan or credit
limitations of state chartered banks.
Was read the second time.
The question being "Shall SB 158 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, 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; 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;
Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Tornow
Excused:
Russell; Stricherz
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.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 174: FOR AN ACT ENTITLED, An Act to increase the 911 emergency surcharge, to
revise the collection and distribution of the surcharge revenue, to provide for point of sale
collection of the prepaid wireless 911 emergency surcharge, and to provide funding for the
upgrade of 911 emergency services.
Was read the second time.
The question being "Shall SB 174 pass as amended?"
And the roll being called:
Yeas 65, Nays 4, Excused 1, 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; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; 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; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio;
White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Hubbel; Jensen; Nelson (Stace); Russell
Excused:
Stricherz
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 169: FOR AN ACT ENTITLED, An Act to establish the Regional Watershed Advisory
Task Force.
Was read the second time.
The question being "Shall SB 169 pass as amended?"
And the roll being called:
Yeas 65, Nays 4, Excused 1, 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; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; 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; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Jensen; Nelson (Stace); Russell; Venner
Excused:
Stricherz
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 75: FOR AN ACT ENTITLED, An Act to revise the determination of fees that may be
charged for certain public records.
Was read the second time.
Rep. Venner moved that SB 75 be amended as follows:
On page 1, line 14, of the Senate engrossed bill, after "minutes" insert "of open meeting
actions".
Which motion prevailed.
The question being "Shall SB 75 pass as amended?"
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; 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; 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; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Dennert; Kopp
Excused:
Stricherz
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 101: FOR AN ACT ENTITLED, An Act to authorize counties to borrow money using
promissory notes.
Was read the second time.
Rep. Feickert moved that SB 101 be amended as follows:
On page 1, line 7, of the Senate Local Government Committee engrossed bill, before
"from" insert "if the undesignated fund balance of the general fund is insufficient to pay the
expenses of the county. The county may borrow money".
Which motion lost.
The question being "Shall SB 101 pass as amended?"
And the roll being called:
Yeas 46, Nays 23, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden;
Fargen; Feinstein; Gosch; Haggar; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III;
Jones; Kirkeby; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty);
Perry; Romkema; Rozum; Scott; Sigdestad; Sly; Solum; Street; Tulson; Turbiville; Vanneman;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Dennert; Elliott; Feickert; Gibson; Greenfield; Hansen (Jon); Hickey; Hubbel; Jensen; Killer;
Kirschman; Kloucek; Kopp; Liss; Miller; Nelson (Stace); Russell; Schaefer; Schrempp; Steele;
Tornow; Van Gerpen; Venner
Excused:
Stricherz
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 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 second time.
The question being "Shall SB 188 pass as amended?"
And the roll being called:
Yeas 65, Nays 3, Excused 2, 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; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer;
Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Novstrup
(David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly;
Solum; Steele; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio;
White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Munsterman; Nelson (Stace); Russell
Excused:
Hubbel; Stricherz
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 10: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
boating while under the influence.
Was read the second time.
Rep. Tornow moved that SB 10 be amended as follows:
On page 1 of the Senate Judiciary Committee engrossed bill, delete lines 12 to 14,
inclusive, and insert:
"
(3) Under the influence of marijuana or any controlled drug or substance obtained
pursuant to a valid prescription, or any other substance, and which prescription or
substance was intentionally taken in excess and to a degree which renders the person
incapable of safely driving or operating such boat; or".
The Speaker, being in doubt of the voice vote, called for a division of the House.
The Speaker declared Rep. Tornow's motion lost.
Rep. Dryden moved the previous question.
Which motion prevailed.
The question being "Shall SB 10 pass as amended?"
And the roll being called:
Yeas 45, Nays 24, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Deelstra; Dennert; Dryden; Feickert; Feinstein;
Gibson; Haggar; Hawley; Hoffman; Hunt; Iron Cloud III; Jones; Killer; Kirschman; Kloucek;
Kopp; Lucas; Lust; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Russell;
Schaefer; Schrempp; Scott; Sigdestad; Sly; Street; Turbiville; Van Gerpen; Vanneman; Verchio;
White; Wick; Willadsen; Wink; Wismer
Nays:
Boomgarden; Conzet; Cronin; Elliott; Fargen; Gosch; Greenfield; Hansen (Jon); Hickey;
Hubbel; Hunhoff (Bernie); Jensen; Kirkeby; Liss; Magstadt; Nelson (Stace); Olson (Betty);
Rozum; Solum; Steele; Tornow; Tulson; Venner; Speaker Rausch
Excused:
Stricherz
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. 7.
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 106 and 123.
Respectfully,
Fee Jacobsen, Secretary
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 1039, 1064, 1071,
1095, 1097, 1114, 1121, 1125, 1160, 1194, 1229, and 1245 were delivered to his Excellency,
the Governor, for his approval at 9:40 a.m., February 27, 2012.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1052, 1066, 1107, 1131, 1138, 1182, 1187, 1227,
1269, and 1270 and finds the same correctly enrolled.
Respectfully submitted,
Val Rausch, Chair
SIGNING OF BILLS
The Speaker publicly read the title to
HB 1052: FOR AN ACT ENTITLED, An Act to grant discretion to the court with regard
to personal appearances in certain adoption appearances.
HB 1066: FOR AN ACT ENTITLED, An Act to allow for the cremation of deceased
persons who are indigent and the funeral expenses are the financial responsibility of the county.
HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
bonding authority of the South Dakota Conservancy District.
HB 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
posting of public notice for meetings of public bodies.
HB 1138: FOR AN ACT ENTITLED, An Act to declare that any person who maintains
or provides roll-your-own cigarette machines at retail establishments are cigarette
manufacturers.
HB 1182: FOR AN ACT ENTITLED, An Act to revise the filing deadlines for the
nomination of certain independent candidates.
HB 1187: FOR AN ACT ENTITLED, An Act to exempt health care sharing ministries
from the provisions of the health insurance code.
HB 1227: FOR AN ACT ENTITLED, An Act to revise certain provisions with regard to
the rights of industrial and construction equipment dealers.
HB 1269: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs
related to disasters and to pine beetle suppression and to declare an emergency.
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.
SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2012.
SB 53: FOR AN ACT ENTITLED, An Act to permit the Department of Public Safety to
require certain accident reports to be filed by electronic means.
SB 68: FOR AN ACT ENTITLED, An Act to provide that no statute of limitations applies
to certain rape offenses.
SB 71: FOR AN ACT ENTITLED, An Act to modify the requirements relating to the
publication of the administrative rules.
SB 78: FOR AN ACT ENTITLED, An Act to allow an arrest to be expunged when the
criminal case is dismissed.
SB 103: FOR AN ACT ENTITLED, An Act to revise the procedure for cooperatives
giving notice to persons whose records are missing regarding ownership of securities,
apportionment of equity interest, money, or property.
SB 108: FOR AN ACT ENTITLED, An Act to revise the maximum bet limit for
Deadwood gaming.
SB 156: FOR AN ACT ENTITLED, An Act to establish strangulation as one element of
the crime of aggravated assault.
SB 191: FOR AN ACT ENTITLED, An Act to provide for authorization to offer
postsecondary education services in South Dakota.
SB 194: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds
for elderly persons and persons with a disability, to revise the income eligibility requirements
for property tax and sales tax refunds, and to declare an emergency.
SB 195: FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund, the water pollution control revolving fund subfund, and the drinking water
revolving fund subfund for various water and environmental purposes, to revise the state water
plan, to authorize the construction and establish the state cost share for the Belle Fourche
irrigation upgrade project, and to declare an emergency.
And signed the same in the presence of the House.
COMMEMORATIONS
HC 1023 Introduced by: Representatives Kloucek, Blake, Brunner, Cronin, Dennert,
Elliott, Gibson, Greenfield, Haggar, Hansen (Jon), Hawley, Iron Cloud III, Magstadt, Miller,
Perry, Romkema, Tornow, Tulson, Wick, and Wink and Senators Putnam, Begalka, Brown,
Buhl, Frerichs, Fryslie, Gray, Haverly, Hunhoff (Jean), Juhnke, Krebs, Olson (Russell), Rave,
Sutton, Tidemann, and Tieszen
A LEGISLATIVE COMMEMORATION, Commending and honoring Spc. Dennis Jensen who
was killed on active duty in Afghanistan.
WHEREAS, Spc. Dennis Gregory Jensen from Tyndall, South Dakota, died in Afghanistan
on August 16, 2011, from injuries suffered while working with bridge materials near Camp
Leatherneck in Helmand province, southern Afghanistan; and
WHEREAS, Spc. Jensen was serving with the South Dakota National Guard in the 200th
Engineer Company in Afghanistan when he was killed at the age of twenty-one; and
WHEREAS, Spc. Jensen was originally enlisted as a member of the 211th Engineer
Company of Madison and DeSmet, in which he served as a combat engineer; and
WHEREAS, Spc. Jensen volunteered to deploy with the 200th Engineer Company as a
bridge crew member in support of Operation Enduring Freedom. He was deployed in May 2011,
for a year-long mission to maintain, repair, and replace bridges throughout Afghanistan; and
WHEREAS, Spc. Jensen is survived by his mother, Christine Bestgen of Lead, his father,
Glenn Jensen of Yankton, and his sister, Melissa Jensen of Minneapolis, Minnesota:
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of
the State of South Dakota, that the Legislature honors Spc. Dennis Jensen for his sacrifice to his
country, and the Legislature expresses its sincere condolences to his family and friends.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
4:09 p.m. the House adjourned.
Karen Gerdes, Chief Clerk