The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by House page Riley Larson.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the sixth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Speaker Gosch introduced Alayna Siemonsma of Rapid City, the 2012 South Dakota
Milken Educator.
Speaker Gosch introduced Katie Anderson of Rapid City, the 2013 South Dakota Teacher
of the Year.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1003 and returns the same with the recommendation that said bill be
amended as follows:
54-13-1. Terms used in this chapter mean:
54-13-2. The Department of Agriculture shall administer an agriculture mediation program
to:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1018 and returns the same with the recommendation that said bill do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1011, 1019, and 1047 and returns the same with the recommendation that said
bills do pass.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1020 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1039 and 1066 and returns the same with the recommendation that said bills do pass.
I have the honor to transmit herewith SB 7, 12, 37, 63, and 64 which have passed the
Senate and your favorable consideration is respectfully requested.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 18, the 8th legislative day.
Which motion prevailed.
HB 1074 Introduced by: Representatives Rounds, Bartling, Cronin, Gosch, Johns, Solum,
Tulson, and Wink and Senators Maher, Holien, Kirkeby, Lederman, Rhoden, and Tieszen
FOR AN ACT ENTITLED, An Act to define the insurer's responsibilities concerning
health insurance policies for newborns or newly adopted children.
Was read the first time and referred to the Committee on Judiciary.
HB 1075 Introduced by: Representatives Munsterman, Conzet, Lust, Sly, and Wismer and
Senators Vehle, Maher, and Sutton
FOR AN ACT ENTITLED, An Act to revise the membership of the Legislative Planning
Committee.
HB 1076 Introduced by: Representatives Bartling, Gosch, Johns, Olson (Betty), Rounds,
Tulson, and Wink and Senators Kirkeby, Ewing, Hunhoff (Jean), Lederman, Rhoden, and
Tieszen
FOR AN ACT ENTITLED, An Act to repeal the requirement to separately publish certain
information concerning county poor relief from the minutes of the county commissions.
Was read the first time and referred to the Committee on Local Government.
HB 1077 Introduced by: Representatives Bartling, Gosch, Johns, Olson (Betty), Rounds,
Tulson, and Wink and Senators Kirkeby, Hunhoff (Jean), Lederman, Maher, Rhoden, and
Tieszen
FOR AN ACT ENTITLED, An Act to repeal certain provisions requiring railroad
companies to file maps with county officials.
Was read the first time and referred to the Committee on Local Government.
HB 1078 Introduced by: Representatives Bartling, Gosch, Johns, Olson (Betty), Rounds,
Tulson, and Wink and Senators Kirkeby, Ewing, Hunhoff (Jean), Lederman, Maher, Rhoden,
and Tieszen
FOR AN ACT ENTITLED, An Act to revise the location where certain county highway
maps may be filed.
Was read the first time and referred to the Committee on Local Government.
HB 1079 Introduced by: Representatives Bartling, Gosch, Johns, Olson (Betty), Rounds,
Tulson, and Wink and Senators Kirkeby, Ewing, Hunhoff (Jean), Lederman, Maher, Rhoden,
and Tieszen
FOR AN ACT ENTITLED, An Act to increase the fee for certain property tax deeds.
Was read the first time and referred to the Committee on Local Government.
HB 1080 Introduced by: Representatives Hickey, Bolin, Craig, Ecklund, Feinstein, Haggar
(Don), Hansen, Hawks, Hoffman, Hunhoff (Bernie), Killer, Kirschman, Kopp, Munsterman,
Novstrup (David), Ring, Schoenfish, Sly, Soli, Stalzer, and Steele and Senators Tieszen,
Kirkeby, Lucas, Monroe, and Novstrup (Al)
Was read the first time and referred to the Committee on Transportation.
HB 1081 Introduced by: Representatives Hajek, Heinert, Olson (Betty), and Rozum and
Senators Otten (Ernie), Monroe, and Welke
FOR AN ACT ENTITLED, An Act to specify the duration of certain municipal
appointments.
Was read the first time and referred to the Committee on Local Government.
HB 1082 Introduced by: Representatives Stevens, Olson (Betty), Ring, and Rozum and
Senators Otten (Ernie), Monroe, and Welke
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the designation
of official newspapers for municipalities.
Was read the first time and referred to the Committee on Local Government.
HB 1083 Introduced by: Representatives Olson (Betty), Craig, Kaiser, May, and Russell
and Senators Maher, Brown, Ewing, Kirkeby, Lederman, and Rhoden
FOR AN ACT ENTITLED, An Act to reestablish the crime of rustling and to provide a
penalty therefor.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1084 Introduced by: Representatives Stalzer, Cammack, Campbell, Craig, Cronin,
Ecklund, Erickson, Haggar (Jenna), Hansen, Hawks, Heinemann (Leslie), Hickey, Kaiser,
Kopp, Munsterman, Nelson, Olson (Betty), Peterson, Rasmussen, Rounds, Schoenfish, Steele,
Verchio, Wick, and Wink and Senators Omdahl, Begalka, Ewing, Johnston, Krebs, Lederman,
Monroe, Otten (Ernie), and Soholt
FOR AN ACT ENTITLED, An Act to designate Purple Heart Recognition Day as a
working holiday.
Was read the first time and referred to the Committee on State Affairs.
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the notice
given to municipalities and counties for bingo games and lotteries.
Was read the first time and referred to the Committee on Local Government.
HB 1086 Introduced by: Representatives Hoffman, Bartling, Campbell, Craig, Duvall,
Hawks, Hawley, Heinert, Hickey, Magstadt, May, Olson (Betty), Parsley, Peterson, Qualm,
Rozum, Schaefer, Schrempp, Sly, Solum, Verchio, Werner, and Wink and Senators Krebs,
Begalka, Ewing, Frerichs, Hunhoff (Jean), Lederman, Lucas, Maher, Monroe, Rampelberg,
Rhoden, Sutton, Tidemann, Tieszen, and Van Gerpen
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the publication
of certain records by cooperatives.
Was read the first time and referred to the Committee on Local Government.
HB 1087 Introduced by: Representatives Craig, Bolin, Campbell, Ecklund, Gosch,
Heinemann (Leslie), Hickey, Kopp, Lust, May, Olson (Betty), Qualm, Schoenfish, Sly, Stalzer,
Steele, Verchio, and Wick and Senators Tieszen, Begalka, Bradford, Ewing, Jensen, Kirkeby,
Lederman, Maher, Novstrup (Al), Omdahl, and Rhoden
FOR AN ACT ENTITLED, An Act to authorize individual school boards to create,
establish, and supervise individual school sentinel programs to promote school safety.
Was read the first time and referred to the Committee on Education.
HB 1088 Introduced by: Representatives Hoffman, Greenfield, May, and Novstrup (David)
and Senators Kirkeby, Monroe, and Novstrup (Al)
FOR AN ACT ENTITLED, An Act to require the high school activities association to
continue to hold state tournaments in certain venues.
Was read the first time and referred to the Committee on Education.
HB 1089 Introduced by: Representatives Schrempp, Bartling, Craig, Feickert, Gibson,
Heinert, Hoffman, Kirschman, Kopp, May, Miller, Nelson, Olson (Betty), Qualm, Ring,
Schoenfish, Tyler, Verchio, and Wink and Senators Maher, Bradford, Frerichs, Lucas, Sutton,
and Welke
FOR AN ACT ENTITLED, An Act to require statewide livestock ownership inspection.
HB 1090 Introduced by: Representatives Rozum, Carson, Conzet, Craig, Dryden, Duvall,
Erickson, Feickert, Hajek, Hansen, Hickey, Kaiser, May, Miller, and Tulson and Senators
Jones, Adelstein, Brown, Buhl, Kirkeby, Lucas, Rhoden, Soholt, Welke, and White
FOR AN ACT ENTITLED, An Act to exempt certain amateur sports coaches from sales
tax.
Was read the first time and referred to the Committee on Taxation.
HB 1091 Introduced by: Representatives Cronin, Bartling, Cammack, Conzet, Craig,
Dryden, Duvall, Erickson, Feickert, Gosch, Greenfield, Hajek, Hoffman, Hunhoff (Bernie),
Johns, Kirschman, Kopp, Lust, Magstadt, Miller, Nelson, Novstrup (David), Olson (Betty),
Parsley, Peterson, Qualm, Rounds, Russell, Solum, Stalzer, Verchio, Westra, and Wick and
Senators Brown, Begalka, Bradford, Frerichs, Holien, Hunhoff (Jean), Jensen, Kirkeby,
Lederman, Lucas, Maher, Monroe, Olson (Russell), Otten (Ernie), Rave, Rhoden, Soholt,
Sutton, and Tidemann
FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the labeling
of motor fuel at a retail fuel pump.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1092 Introduced by: Representatives Stevens, Bartling, Feinstein, Gibson, Gosch,
Hajek, and Johns and Senators Kirkeby, Hunhoff (Jean), Lederman, Maher, and Rhoden
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
expungement of arrest records.
Was read the first time and referred to the Committee on Judiciary.
SB 7: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
registration of a place of business with the Real Estate Commission.
Was read the first time and referred to the Committee on Commerce and Energy.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 37: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
insurance fraud prevention unit.
Was read the first time and referred to the Committee on Judiciary.
SB 63: FOR AN ACT ENTITLED, An Act to revise certain requirements for certified
public accountant firms licensed in South Dakota.
Was read the first time and referred to the Committee on Judiciary.
SB 64: FOR AN ACT ENTITLED, An Act to revise provisions regarding broker price
opinions, comparative market analyses, and appraisals.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1001: FOR AN ACT ENTITLED, An Act to require mineral developers to give notice
to surface owners before entering the land.
Was read the second time.
The question being "Shall HB 1001 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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;
Peterson; 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
HB 1026: FOR AN ACT ENTITLED, An Act to comply with certain Internal Revenue
Code requirements relating to maximum annual benefits paid to members of the South Dakota
Retirement System and to provide for the update of references to the Internal Revenue Code.
Was read the second time.
The question being "Shall HB 1026 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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;
Peterson; 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
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 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
application of the special pay retirement program of the South Dakota Retirement System.
Was read the second time.
The question being "Shall HB 1027 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1023: FOR AN ACT ENTITLED, An Act to revise certain rules relating to the
Department of Human Services Medicaid waiver programs.
Was read the second time.
The question being "Shall HB 1023 pass?"
And the roll being called:
Yeas 58, Nays 12, Excused 0, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks;
Hawley; Heinemann (Leslie); Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kopp;
Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David);
Olson (Betty); Otten (Herman); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell;
Schaefer; Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra;
Wick; Wink; Speaker Gosch
Nays:
Feickert; Feinstein; Gibson; Heinert; Killer; Kirschman; Parsley; Peterson; Schrempp; Soli;
Tyler; Wismer
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Cronin moved that HB 1012 be placed to follow HB 1025 on today's calendar.
Which motion prevailed.
Was read the second time.
The question being "Shall HB 1006 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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;
Peterson; 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
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 1053: FOR AN ACT ENTITLED, An Act to revise the lending limit for state chartered
banks.
Was read the second time.
The question being "Shall HB 1053 pass?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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;
Peterson; 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
So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.
Was read the second time.
"
The question being "Shall HB 1021 pass as amended?"
And the roll being called:
Yeas 70, Nays 0, Excused 0, 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;
Peterson; 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
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 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole
date calculation.
Was read the second time.
The question being "Shall HB 1031 pass?"
And the roll being called:
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;
Peterson; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra;
Wick; Wink; Wismer; Speaker Gosch
Nays:
Russell
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. Lust moved that the balance of the calendar including HB 1032, 1024, 1025, and
1012 be deferred to Friday, January 18, the 8th legislative day.
Which motion prevailed.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:01 p.m. the House adjourned.
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of eight former members of the South Dakota Legislature, namely: the Honorable James E.
"Jim" Abdnor; the Honorable Leonard E. Andera; the Honorable Charles E. "Eddie" Clay; the
Honorable Bertrum E. Ellingson; the Honorable Frank E. "Rudy" Henderson; the Honorable
Maurice J. "Maury" LaRue; the Honorable George H. Shanard; and the Honorable Burdette
C. Solum; and
WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but
with a consciousness that here in a land of freedom the dignity of the individual is supreme, that
justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of
Representatives of the Eighty-eighth Session of the Legislature of the State of South Dakota
duly convened in recess session in recognition of the useful lives and unfailing devotion to the
interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity
to the highest principles of American citizenship by these honorable people, that the Senate and
the House of Representatives do now pause in their labors out of respect for the memory of their
late fellow associates in the functions of government, and note that in their passing, the state
they have served so well has suffered a distinct loss, and though their labors have ceased and
they have been laid to rest, the people of this great state have benefited greatly from the services
rendered by them and they have left upon the sands of time an inspiring record of devotion to
their fellow citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the
Senate and the House of Representatives of the Eighty-eighth Session of the Legislature of the
State of South Dakota, now assembled this 17th day of January, 2013, at Pierre, South Dakota.