House of Representatives Journal 1/24/2013 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-EIGHTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 24, 2013

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

The prayer was offered by the Chaplain, Pastor J. P. Mosley, Jr., followed by the Pledge of Allegiance led by House page Brittany Thompson.

Roll Call: All members present.

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 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.

Respectfully submitted,

Brian G. Gosch, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1028 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1017 and returns the same with the recommendation that said bill be amended as follows:

On page 11, after line 4 of the printed bill, insert:

" Section 21. 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 on and after April 1, 2013.".

On page 1, line 2, of the printed bill, after "buyers" insert "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1007 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Charles B. Hoffman, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1117 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 Transportation respectfully reports that it has had under consideration HB 1118 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, after "total" insert "service-connected".

And that as so amended said bill do pass.

Respectfully submitted,
Steve Hickey, Vice Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 54 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Brock L. Greenfield, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1033, 1038, and 1050 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 14 of the printed bill, insert:

" Section 3. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2014, shall revert in accordance with the procedures prescribed in chapter 4-8.".

And that as so amended said bill do pass.

Respectfully submitted,
Fred W. Romkema, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 26 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 46 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 Health and Human Services respectfully reports that it has had under consideration HB 1065 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1069 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1086 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 Local Government respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, after "time" insert ", not to be less than twelve months,".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1077 which was tabled.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1010 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1008 and 1009 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 3, 4, 5, 66, and 71 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HCR 1003: A CONCURRENT RESOLUTION, Commending the nation of Israel for its cordial relationship with the United States and with the State of South Dakota.

Rep. Wick moved that HCR 1003 as found on page 150 of the House Journal be adopted.

The question being on Rep. Wick's motion that HCR 1003 be adopted.

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 motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.

Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 25, the 12^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1075 as found on page 146 of the House Journal; also

State Affairs on HB 1108 as found on page 146 of the House Journal; also

Commerce and Energy on HB 1091 as found on page 147 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1177 Introduced by: Representatives Craig, Cammack, Dryden, Qualm, and Schaefer and Senator Jensen

FOR AN ACT ENTITLED, An Act to criminalize the failure to return rented or leased property and to provide a penalty therefor.

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

HB 1178 Introduced by: Representatives Munsterman, Cammack, Conzet, Cronin, Duvall, Feickert, Hawley, Hoffman, Kirschman, Parsley, Peterson, Schaefer, Sly, and Wink and Senators Krebs, Frerichs, Hunhoff (Jean), Rave, and Tidemann

FOR AN ACT ENTITLED, An Act to appropriate money to the South Dakota Board of Regents - Agricultural Experiment Station to implement a research investment program.

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

HB 1179 Introduced by: Representatives Gibson, Gosch, and Killer and Senators Rampelberg, Bradford, Kirkeby, and Maher

FOR AN ACT ENTITLED, An Act to provide for the acceptance of more than one bid for the provision of certain services to cities or counties.

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

HB 1180 Introduced by: Representatives Parsley, Bartling, Bolin, Feickert, Feinstein, Gibson, Haggar (Don), Hansen, Hawks, Hawley, Hoffman, Hunhoff (Bernie), Kirschman, Miller, Munsterman, Nelson, Peterson, Ring, Schrempp, Soli, Tyler, Werner, and Wink and Senators Frerichs, Bradford, Brown, Buhl, Johnston, Jones, Kirkeby, Lucas, Olson (Russell), Otten (Ernie), Rhoden, Tieszen, Vehle, and Welke

FOR AN ACT ENTITLED, An Act to allow veterans to receive credit for certain military training and experience.

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

HB 1181 Introduced by: Representatives Hoffman, Feickert, and Schaefer and Senators Krebs and Frerichs

FOR AN ACT ENTITLED, An Act to enhance animal and livestock sustainability.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1182 Introduced by: Representatives Schrempp, Feickert, Feinstein, Hawks, Kirschman, Kopp, Olson (Betty), and Tyler and Senators Monroe, Begalka, Frerichs, Kirkeby, and Sutton

FOR AN ACT ENTITLED, An Act to provide for the licensure and regulation of private detectives.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1183 Introduced by: Representatives Sly, Hawks, Lust, Magstadt, May, Munsterman, Rasmussen, Rozum, Tulson, Tyler, and Verchio and Senators Maher, Adelstein, Buhl, Holien, Johnston, Kirkeby, Lucas, Rave, and Tieszen

FOR AN ACT ENTITLED, An Act to establish a pilot program that uses home-based educational technology to prepare certain preschool children for school.

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

HB 1184 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks to fund certain improvements to the state park system.

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

HB 1185 Introduced by: The Committee on Appropriations

FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 3: FOR AN ACT ENTITLED, An Act to require the reporting of the outcomes of certain licensure and certification examinations.

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

SB 4: FOR AN ACT ENTITLED, An Act to require the Department of Labor and Regulation to determine certain job placement outcomes for graduates of all public postsecondary education institutions in the state.

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

SB 5: FOR AN ACT ENTITLED, An Act to establish the public purpose and goals of postsecondary education, to provide for the funding of higher education, and to create the Council on Higher Education Policy Goals, Performance, and Accountability.

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

SB 66: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions, to amend certain provisions to streamline and clarify, and to repeal certain obsolete and unnecessary provisions pertaining to the Real Estate Commission.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 71: FOR AN ACT ENTITLED, An Act to correct the name of a postsecondary institution authorized to provide educational programs in South Dakota.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the procedure for setting petroleum examination and testing specifications and methods.

Was read the second time.

The question being "Shall HB 1034 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.

SB 63: FOR AN ACT ENTITLED, An Act to revise certain requirements for certified public accountant firms licensed in South Dakota.

Was read the second time.

The question being "Shall SB 63 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1079: FOR AN ACT ENTITLED, An Act to increase the fee for certain property tax deeds.

Was read the second time.

The question being "Shall HB 1079 pass?"

And the roll being called:

Yeas 63, Nays 7, Excused 0, Absent 0

Yeas:
Bartling; Bolin; Cammack; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Lust; Magstadt; May; Mickelson; Miller; Munsterman; 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; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Campbell; Greenfield; Kopp; Latterell; Nelson; Russell; Verchio

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 1004: FOR AN ACT ENTITLED, An Act to provide for the award of treble damages in certain surface depredation cases.

Was read the second time.

The question being "Shall HB 1004 pass as amended?"

And the roll being called:

Yeas 66, Nays 4, Excused 0, Absent 0

Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; 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

Nays:
Greenfield; Latterell; Lust; 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 1110: FOR AN ACT ENTITLED, An Act to provide for openness in certain electronic records databases and to open certain information regarding electronic record systems.

Was read the second time.

The question being "Shall HB 1110 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 1112: FOR AN ACT ENTITLED, An Act to clarify the application of certain open meetings provisions to certain three-member public boards.

Was read the second time.

The question being "Shall HB 1112 pass?"

And the roll being called:

Yeas 56, Nays 14, Excused 0, Absent 0

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

Nays:
Bartling; Campbell; Carson; Ecklund; Feinstein; Gibson; Killer; Kopp; Nelson; Otten (Herman); Russell; Soli; Stalzer; Tyler

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 1074: 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 second time.

The question being "Shall HB 1074 pass?"

And the roll being called:

Yeas 66, Nays 3, 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; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; Mickelson; Miller; Munsterman; 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

Nays:
Kaiser; May; Nelson

Excused:
Hansen

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

Rep. Lust moved that SB 37 be deferred to Friday, January 25, the 12^th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008 and 1009 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1008: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2012.

HB 1009: FOR AN ACT ENTITLED, An Act to correct an error in the recreational vehicle title statute.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 2:37 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk