House of Representatives Journal 1/16/2013 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-EIGHTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 16, 2013

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Rolly Kemink, followed by the Pledge of Allegiance led by House page James Huntley.

Roll Call: All members present except Rep. Peterson 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 fifth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Brian G. Gosch, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1053 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1021, 1031, and 1032 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Brian G. Gosch, Chair

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1024 and 1025 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1026 and 1027 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Manny Steele, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 13, 33, and 34 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the reports of the Standing Committee on

Agriculture and Natural Resources on HB 1006 as found on page 72 of the House Journal; also

Agriculture and Natural Resources on HB 1001 as found on page 73 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1067 Introduced by: Representatives Nelson, Bartling, Bolin, Campbell, Feickert, Feinstein, Gibson, Greenfield, Haggar (Jenna), Hansen, Hawks, Hawley, Hickey, Hunhoff (Bernie), Kaiser, Killer, Kirschman, Kopp, Magstadt, May, Miller, Olson (Betty), Parsley, Peterson, Qualm, Rasmussen, Ring, Rozum, Russell, Schaefer, Schoenfish, Soli, Solum, Stalzer, Steele, Tulson, Tyler, Verchio, Wick, and Wismer and Senators Van Gerpen, Adelstein, Begalka, Bradford, Brown, Buhl, Ewing, Frerichs, Holien, Jensen, Jones, Lederman, Lucas, Maher, Monroe, Novstrup (Al), Omdahl, Otten (Ernie), Rhoden, and Sutton

FOR AN ACT ENTITLED, An Act to designate POW/MIA Recognition Day as a working holiday.

Was read the first time and referred to the Committee on State Affairs.

HB 1068 Introduced by: Representatives Westra, Heinert, Hunhoff (Bernie), Magstadt, Olson (Betty), and Verchio and Senators Soholt, Frerichs, Holien, and Tieszen

FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the deferral of action by municipalities on committee reports.

Was read the first time and referred to the Committee on Local Government.

HB 1069 Introduced by: Representatives Rounds, Conzet, Cronin, Kirschman, and Solum and Senators Lederman, Begalka, Buhl, and Maher

FOR AN ACT ENTITLED, An Act to increase the administrative assessment fee for the guarantee fund.

Was read the first time and referred to the Committee on Local Government.

HB 1070 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the failure to fulfill the responsibilities of jury duty.

Was read the first time and referred to the Committee on Judiciary.

HB 1071 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to revise the contents of the application for the discharge of a civil judgment debt discharged in bankruptcy.

Was read the first time and referred to the Committee on Judiciary.

HB 1072 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to repeal certain provisions providing a criminal penalty for a political party to endorse or nominate a judicial candidate.

Was read the first time and referred to the Committee on Judiciary.

HB 1073 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to establish a procedure for the determination of the competency of a juvenile to proceed in a juvenile court matter.

Was read the first time and referred to the Committee on Judiciary.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the administration of mineral rights on and under research parks.

Was read the first time and referred to the Committee on State Affairs.

SB 33: FOR AN ACT ENTITLED, An Act to authorize the use of an online reverse auction for the procurement of certain goods and services by governmental agencies.

Was read the first time and referred to the Committee on State Affairs.

SB 34: FOR AN ACT ENTITLED, An Act to provide for the sale of the state's interests in certain real estate and improvements located at the Human Services Center campus.

Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Feinstein requested that HB 1023 be removed from the Consent Calendar.

Which request was granted.

HB 1022: FOR AN ACT ENTITLED, An Act to repeal certain outdated programs relating to the Department of Human Services.

Was read the second time.

The question being "Shall HB 1022 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Excused:
Peterson

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 revise certain provisions regarding the practice of optometry.

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:
Peterson

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 1058: FOR AN ACT ENTITLED, An Act to repeal and revise certain statutes related to the Animal Industry Board.

Was read the second time.

The question being "Shall HB 1058 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Peterson

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 HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Cronin moved that HB 1012 be deferred to Thursday, January 17, the 7^th legislative day.

Which motion prevailed.

HB 1040: FOR AN ACT ENTITLED, An Act to authorize the Department of Revenue to provide lists of licensed boat dealers.

Was read the second time.

The question being "Shall HB 1040 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Peterson

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 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purchase price of rebuilt motor vehicles and to create a motor vehicle excise tax exemption for sales tax paid on parts used in rebuilt motor vehicles and vehicles manufactured by individuals.

Was read the second time.

The question being "Shall HB 1041 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Peterson

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 1042: FOR AN ACT ENTITLED, An Act to authorize manufactured home dealers to submit license fees directly to the Department of Revenue and to provide an electronic renewal notice to certain dealers.

Was read the second time.

The question being "Shall HB 1042 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Peterson

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 authorize the Department of Revenue to establish an electronic title system for motor vehicles and to revise certain provisions regarding an electronic lien filing system.

Was read the second time.

The question being "Shall HB 1043 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Peterson

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.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 2:25 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk