The prayer was offered by the Chaplain, Pastor Karl Kroger, followed by the Pledge of
Allegiance led by House pages Patience Lunday and Zoe Pease.
Roll Call: All members present except Rep. Qualm 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 thirteenth 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1048, 1049, 1059, and 1062 and returns the same with the
recommendation that said bills 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 1057 and returns the same with the recommendation that said bill be
referred to the Committee on Appropriations.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1140 and SB 58 and returns the same with the recommendation that said bills do pass.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1081 and 1107 and returns the same with the recommendation that said bills
do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1085 and 1099 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1144 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1145 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HCR 1002 and 1003 in which the Senate has concurred.
I have the honor to transmit herewith SB 17, 18, 19, 22, 27, 41, 53, 59, 78, 85, 90, and 103
which have passed the Senate and your favorable consideration is respectfully requested.
Rep. Lust moved that the reports of the Standing Committees on
State Affairs on HB 1170 as found on page 202 of the House Journal; also
Commerce and Energy on HB 1052 as found on page 203 of the House Journal; also
Judiciary on HB 1150 as found on page 204 of the House Journal; also
Judiciary on HB 1163 as found on page 204 of the House Journal be adopted.
Which motion prevailed.
HB 1249 Introduced by: The Committee on Appropriations
FOR AN ACT ENTITLED, An Act to provide salary assistance to counties for veterans
service officers.
Was read the first time and referred to the Committee on State Affairs.
HB 1250 Introduced by: The Committee on Appropriations
FOR AN ACT ENTITLED, An Act to honor veterans as certain persons who performed
service in reserve components.
Was read the first time and referred to the Committee on State Affairs.
HJR 1003 Introduced by: The Committee on Taxation
A JOINT RESOLUTION, Making formal application to Congress to call a limited
constitutional convention for the sole purpose of proposing a federal balanced budget
amendment.
Was read the first time and referred to the Committee on Taxation.
SB 17: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources conservation fund to the State Conservation Commission.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Was read the first time and referred to the Committee on Appropriations.
SB 19: FOR AN ACT ENTITLED, An Act to authorize the Department of Agriculture to
construct a housing unit in Huron, to make an appropriation therefor, and to declare an
emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 22: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction
and renovation of certain office buildings in Rapid City for the Department of Agriculture and
to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 27: FOR AN ACT ENTITLED, An Act to revise previous session laws related to the
design, construction, and equipping of a veterans home near Hot Springs, to make an
appropriation therefor, and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
requirements for school bus inspection and to authorize the Highway Patrol to approve school
bus inspectors.
Was read the first time and referred to the Committee on Transportation.
SB 53: FOR AN ACT ENTITLED, An Act to expand the application of the farm decal
system.
Was read the first time and referred to the Committee on Transportation.
SB 59: FOR AN ACT ENTITLED, An Act to prohibit the disposal of certain oil and gas
field wastes.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Was read the first time and referred to the Committee on Transportation.
SB 85: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
production incentive payment available to ethanol producers.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 90: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2013, to provide funding for the increased costs associated with the employee health
insurance and internal service bureaus, and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 103: FOR AN ACT ENTITLED, An Act to remove the required waiting period before
cremated remains may be released to be scattered.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1035: FOR AN ACT ENTITLED, An Act to allow electronic submission and record
keeping of placed in service reports.
Was read the second time.
The question being "Shall HB 1035 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Qualm
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 1098: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four
technical institutes.
Was read the second time.
The question being "Shall HB 1098 pass?"
And the roll being called:
Yeas 68, Nays 1, 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;
Peterson; 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
Excused:
Qualm
HB 1030: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority to finance the construction of improvements in the state park system for the
Department of Game, Fish and Parks and to declare an emergency.
Was read the second time.
The question being "Shall HB 1030 pass as amended?"
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); Hajek; Hansen;
Hawks; Hawley; Heinemann (Leslie); Heinert; Hoffman; Hunhoff (Bernie); Johns; Kaiser;
Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman;
Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; 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:
Haggar (Jenna); Hickey; Nelson
Excused:
Qualm
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.
There being no objection, the House reverted to Order of Business No. 8.
HR 1001: A RESOLUTION, endorsing the induction of Tom C. Miller into the PRCA
Rodeo Hall of Fame.
Rep. Wink moved that HR 1001 as found on page 205 of the House Journal be adopted.
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;
Peterson; 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:
Qualm
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HR 1001 was adopted.
HB 1113: FOR AN ACT ENTITLED, An Act to expand the definition of teleconference
to include certain meetings conducted through electronic text colloquy and to require the
retention of certain records of text colloquy meetings for public inspection.
Was read the second time.
The question being "Shall HB 1113 pass as amended?"
And the roll being called:
Yeas:
Bartling; Bolin; Cammack; Dryden; Feickert; Feinstein; Gibson; Haggar (Don); Hajek; Hansen;
Hawks; Hawley; Heinemann (Leslie); Heinert; Hunhoff (Bernie); Kirschman; Kopp; Lust;
Mickelson; Munsterman; Nelson; Parsley; Peterson; Rasmussen; Ring; Russell; Schaefer;
Schoenfish; Schrempp; Sly; Stalzer; Tulson; Westra; Wink; Wismer
Nays:
Campbell; Carson; Conzet; Craig; Cronin; Duvall; Ecklund; Erickson; Greenfield; Haggar
(Jenna); Hickey; Hoffman; Johns; Kaiser; Killer; Latterell; Magstadt; May; Miller; Novstrup
(David); Olson (Betty); Otten (Herman); Romkema; Rounds; Rozum; Soli; Solum; Steele;
Stevens; Tyler; Verchio; Werner; Wick; Speaker Gosch
Excused:
Qualm
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Munsterman announced his intention to reconsider the vote by which HB 1113 lost.
HB 1087: FOR AN ACT ENTITLED, An Act to provide for the creation of school sentinel
programs and for the training of school sentinels.
Was read the second time.
Section 11. The secretary of education shall approve vouchers and the state auditor shall
draw warrants to pay expenditures authorized by this Act.
Section 12. 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.
A roll call vote was requested and supported.
The question being on Rep. Bartling's motion that HB 1087 be further amended.
And the roll being called:
Yeas 18, Nays 51, Excused 1, Absent 0
Yeas:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer;
Kirschman; Nelson; Parsley; Peterson; Ring; Schrempp; Soli; Tyler; Wismer
Nays:
Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Heinemann (Leslie);
Hickey; Hoffman; Johns; Kaiser; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller;
Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Rasmussen; Romkema;
Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Tulson;
Verchio; Werner; Westra; Wick; Wink; Speaker Gosch
Excused:
Qualm
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
" Section 10. 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 from and after its passage and approval.".
A roll call vote was requested and supported.
The question being on Rep. Bartling's motion that HB 1087 be further amended.
And the roll being called:
Yeas 20, Nays 49, Excused 1, Absent 0
Yeas:
Bartling; Feickert; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Killer;
Kirschman; Munsterman; Nelson; Parsley; Peterson; Ring; Schrempp; Soli; Tulson; Tyler;
Wismer
Nays:
Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Erickson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Heinemann (Leslie);
Hickey; Hoffman; Johns; Kaiser; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller;
Novstrup (David); Olson (Betty); Otten (Herman); Rasmussen; Romkema; Rounds; Rozum;
Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Verchio; Werner; Westra;
Wick; Wink; Speaker Gosch
Excused:
Qualm
Rep. Lust moved the previous question.
Which motion prevailed.
The question being "Shall HB 1087 pass as amended?"
And the roll being called:
Yeas 42, Nays 27, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson;
Feinstein; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Heinemann (Leslie);
Hickey; Hoffman; Kaiser; Kopp; Latterell; Lust; May; Mickelson; Miller; Munsterman; Nelson;
Novstrup (David); Olson (Betty); Otten (Herman); Rasmussen; Russell; Schoenfish; Sly;
Stalzer; Steele; Stevens; Verchio; Westra; Wick; Speaker Gosch
Nays:
Bartling; Carson; Feickert; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Johns; Killer;
Kirschman; Magstadt; Parsley; Peterson; Ring; Romkema; Rounds; Rozum; Schaefer;
Schrempp; Soli; Solum; Tulson; Tyler; Werner; Wink; Wismer
Excused:
Qualm
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 1073: 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 second time.
The question being "Shall HB 1073 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Qualm
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 1096: FOR AN ACT ENTITLED, An Act to transfer on death deeds for real property.
Was read the second time.
The question being "Shall HB 1096 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Qualm
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 1106: FOR AN ACT ENTITLED, An Act to revise certain Limited Liability Company
statutes.
Was read the second time.
" Section 45.That chapter 47-34A be amended by adding thereto a NEW SECTION to read
as follows:
The question being "Shall HB 1106 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Qualm
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 1130: FOR AN ACT ENTITLED, An Act to revise the amount of personal property
exempt from levy in bankruptcy cases.
Was read the second time.
The question being "Shall HB 1130 pass?"
And the roll being called:
Yeas 56, Nays 12, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Conzet; Craig; Dryden; Duvall; Ecklund; Erickson; Feickert;
Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann
(Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp;
Latterell; Lust; Magstadt; Mickelson; Miller; Novstrup (David); Otten (Herman); Parsley;
Peterson; Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Campbell; Carson; Greenfield; Kaiser; May; Munsterman; Nelson; Olson (Betty); Rozum;
Steele; Stevens; Tulson
Excused:
Cronin; Qualm
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 SB 37, 26, and 38 be deferred to Wednesday, January 30, the
15th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1022, 1036, 1040,
and 1044 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m.,
January 29, 2013.
The Speaker publicly read the title to
SB 46: FOR AN ACT ENTITLED, An Act to repeal certain outdated statutes and cross
references related to the Department of Health.
SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
And signed the same in the presence of the House.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:13 p.m. the House adjourned.