The prayer was offered by the Chaplain, Father Kristopher Cowles, followed by the Pledge
of Allegiance led by House pages Elliott Brunner and Ashley Heupel.
Roll Call: All members present except Rep. Killer who was excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the tenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1182 and HJR 1004 and returns the same with the recommendation that said bill and
resolution do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1196 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1181 and returns the same with the recommendation that said bill be referred to the
Committee on Judiciary.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1148 and 1149 and HJR 1005 which were deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1120 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1059 and returns the same with the recommendation that said bill be amended
as follows:
" Section 9-801. This Act takes effect on July 1, 2013.".
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1035 and returns the same with the recommendation that said bill be amended
as follows:
Section 2.That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4.That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5.That chapter 58-4 be amended by adding thereto a NEW SECTION to read as
follows:
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1109 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
HB 1124 and 1147 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
HB 1195 and returns the same with the recommendation that said bill be amended as follows:
" Section 4. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.".
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1123 and returns the same with the recommendation that said bill be referred to the
Committee on Appropriations with a do pass recommendation.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1118 which was tabled.
I have the honor to inform your honorable body that the Senate has failed to concur in
HCR 1003.
I have the honor to return herewith HB 1016, 1024, and 1048 which have passed the Senate
without change.
I have the honor to transmit herewith SB 62, 63, 64, 66, 67, 69, and 72 which have passed
the Senate and your favorable consideration is respectfully requested.
Rep. Lust moved that the reports of the Standing Committees on
Appropriations on HB 1041 as found on pages 212 and 213 of the House Journal; also
Health and Human Services on HB 1171 as found on page 213 of the House Journal; also
Health and Human Services on HB 1177 as found on pages 213 and 214 of the House
Journal; also
Transportation on HB 1154 as found on page 214 of the House Journal; also
Local Government on HB 1076 as found on pages 215 and 216 of the House Journal; also
Local Government on HB 1088 as found on page 216 of the House Journal be adopted.
Which motion prevailed.
SB 62: FOR AN ACT ENTITLED, An Act to allow certain alcoholic beverage licensees
to charge a corkage fee for serving wine supplied by customers and to allow customers to
remove a partially consumed bottle of wine from certain alcoholic beverage licensees.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Transportation.
SB 64: FOR AN ACT ENTITLED, An Act to revise provisions regulating the perfection
of security interest liens filed on-line.
Was read the first time and referred to the Committee on Transportation.
SB 66: FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with
the secretary of state by electronic means and to remove the notary requirements.
Was read the first time and referred to the Committee on Local Government.
SB 67: FOR AN ACT ENTITLED, An Act to provide provisions that all documents filed
with and maintained by the Office of the Secretary of State may be filed electronically.
Was read the first time and referred to the Committee on Local Government.
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 first time and referred to the Committee on Health and Human Services.
SB 72: FOR AN ACT ENTITLED, An Act to regulate persons offering speech-language
pathology to the public.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1018: FOR AN ACT ENTITLED, An Act to repeal certain obsolete or unnecessary
provisions pertaining to the Department of Game, Fish and Parks.
Was read the second time.
The question being "Shall HB 1018 pass?"
And the roll being called:
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;
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:
Killer
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 1036: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions
and penalties related to the regulation of grain warehouses, grain buyers, and warehouse
receipts.
Was read the second time.
Pursuant to House Rule 7-1, the Speaker removed HB 1036 from the Consent Calendar.
HB 1037: FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture
mediation program.
Was read the second time.
Rep. Tornow requested that HB 1037 be removed from the Consent Calendar.
Which request was granted.
HB 1026: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary
statutes related to the Department of Social Services.
Was read the second time.
Which request was granted.
HB 1027: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary
statutes related to the Division of Behavioral Health within the Department of Social Services.
Was read the second time.
The question being "Shall HB 1027 pass?"
And the roll being called:
Yeas 69, Nays 0, 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; Jensen; Jones;
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:
Killer
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 18: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
Was read the second time.
The question being "Shall SB 18 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Killer
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 1112: FOR AN ACT ENTITLED, An Act to prohibit any person who fails to file
certain campaign finance documents to be a candidate for office.
Having had its second reading was up for consideration and final passage.
Rep. Tornow moved that HB 1112 be laid on the table.
The question being on Rep. Tornow's motion that HB 1112 be laid on the table.
And the roll being called:
Yeas 65, Nays 4, Excused 1, Absent 0
Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Dryden; Elliott; Fargen;
Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Kirschman; Kloucek;
Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; 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:
Abdallah; Deelstra; Kirkeby; Nelson (Stace)
Excused:
Killer
HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
excuse from attendance of children receiving alternative instruction.
Was read the second time.
The question being "Shall HB 1005 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, 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; Jensen; Jones;
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:
Killer
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 1040: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment
of extraordinary litigation expenses and to declare an emergency.
Was read the second time.
The question being "Shall HB 1040 pass?"
And the roll being called:
Yeas 64, Nays 5, Excused 1, Absent 0
Nays:
Blake; Elliott; Fargen; Gibson; Lucas
Excused:
Killer
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 1042: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes relating
to the State Cement Plant Commission.
Was read the second time.
The question being "Shall HB 1042 pass?"
And the roll being called:
Yeas 66, Nays 3, 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; Jensen; Jones; Kirkeby;
Kirschman; 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; Turbiville; Van Gerpen; Vanneman;
Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Iron Cloud III; Kloucek; Schrempp
Excused:
Killer
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 1043: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
full-time equivalent staffing report.
Was read the second time.
The question being "Shall HB 1043 pass?"
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; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; 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; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner;
Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Fargen; Feinstein; Nelson (Stace); Russell
Excused:
Killer
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 1044: FOR AN ACT ENTITLED, An Act to repeal certain statutes relating to the
Bureau of Intergovernmental Relations.
Was read the second time.
The question being "Shall HB 1044 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Killer
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 1170: FOR AN ACT ENTITLED, An Act to include certain speeding offenses in the
point system for traffic violations for the purposes of driver license records.
Was read the second time.
Rep. Lust moved the previous question.
Which motion prevailed.
The question being "Shall HB 1170 pass?"
And the roll being called:
Yeas 30, Nays 39, Excused 1, Absent 0
Yeas:
Blake; Bolin; Conzet; Elliott; Feinstein; Gibson; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Kirkeby; Kirschman; Liss; Lucas; Lust;
Munsterman; Novstrup (David); Schaefer; Sly; Solum; Steele; Street; Stricherz; Van Gerpen;
Willadsen; Wismer
Nays:
Abdallah; Boomgarden; Brunner; Carson; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert;
Gosch; Greenfield; Hubbel; Jensen; Jones; Kloucek; Kopp; Magstadt; Miller; Moser; Nelson
(Stace); Olson (Betty); Perry; Romkema; Rozum; Russell; Schrempp; Scott; Sigdestad; Tornow;
Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Wink; Speaker Rausch
Excused:
Killer
HB 1075: FOR AN ACT ENTITLED, An Act to allow certain property tax documents to
be transmitted electronically.
Was read the second time.
Rep. Conzet moved that HB 1075 be deferred to Wednesday, February 1, the
13th legislative day.
Which motion prevailed.
HB 1078: FOR AN ACT ENTITLED, An Act to allow certain structures or facilities
previously used as an elevator to be classified as agricultural property.
Was read the second time.
"(3) The owner stores agricultural crops in the structure or facility; and".
The question being "Shall HB 1078 pass as amended?"
And the roll being called:
Yeas 46, Nays 23, Excused 1, Absent 0
Nays:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Dryden; Hickey; Hunt; Lucas; Lust;
Novstrup (David); Romkema; Rozum; Scott; Solum; Stricherz; Turbiville; Verchio; White;
Wick; Willadsen; Wink; Speaker Rausch
Excused:
Killer
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 1057: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
manner in which county wheel taxes are imposed.
Was read the second time.
The question being "Shall HB 1057 pass?"
And the roll being called:
Yeas 60, Nays 9, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey;
Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Kirkeby; Kloucek; Kopp;
Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Olson (Betty); Perry;
Romkema; Russell; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Stricherz; Tornow; Tulson;
Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
Nays:
Fargen; Feinstein; Jones; Kirschman; Lucas; Novstrup (David); Rozum; Schaefer; Street
Excused:
Killer
HB 1077: FOR AN ACT ENTITLED, An Act to authorize municipalities to establish
incidental accounts.
Was read the second time.
The question being "Shall HB 1077 pass?"
And the roll being called:
Yeas 69, Nays 0, 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; Jensen; Jones;
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:
Killer
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 1094: FOR AN ACT ENTITLED, An Act to require the filing of certain documents
relating to the vacation, location, or changing of highways with the register of deeds.
Was read the second time.
The question being "Shall HB 1094 pass?"
And the roll being called:
Yeas 68, Nays 1, Excused 1, Absent 0
Nays:
Tornow
Excused:
Killer
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
There being no objection, the House reverted to Order of Business No. 5.
MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1132 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1068 which was tabled.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1067 and HJR 1003 which were deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1016, 1024, and 1048 and finds the same correctly
enrolled.
The Speaker publicly read the title to
HB 1016: FOR AN ACT ENTITLED, An Act to repeal certain rules relating to use of the
centennial logo.
HB 1024: FOR AN ACT ENTITLED, An Act to repeal the authorization to sell certain
surplus real estate under the control of the Department of Corrections in Aurora County and
Minnehaha County.
HB 1048: FOR AN ACT ENTITLED, An Act to expand the Board of Military Affairs.
And signed the same in the presence of the House.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
3:51 p.m. the House adjourned.