House of Representatives Journal 1/31/2013 01:00 PM

JOURNAL OF THE HOUSE

EIGHTY-EIGHTH SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 31, 2013

The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Kaylynn Noethlich and Emily Wall.

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 fifteenth 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 Taxation respectfully reports that it has had under consideration HB 1153 and returns the same with the recommendation that said bill be amended as follows:

1153ob

On page 1, line 6, of the printed bill, after "upgrade" insert "is operational".

On page 2, line 5, delete "2024" and insert "2046".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1239 and returns the same with the recommendation that said bill be amended as follows:

1239tb

On page 1, line 8, of the printed bill, delete "fifty" and insert "forty".

On page 3, line 2, overstrike "thirty" and insert "forty".

And that as so amended said bill do pass.

Respectfully submitted,
Brock L. Greenfield, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1123 and 1156 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1152 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 1124 and returns the same with the recommendation that said bill be amended as follows:

1124ta

On page 1, line 9, of the printed bill, overstrike "elected".

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

Respectfully submitted,
Charles B. Hoffman, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1174 and returns the same with the recommendation that said bill be amended as follows:

1174oa

On page 2, line 2, of the printed bill, after "runners" overstrike ",".

On page 2, line 3, overstrike "wheels,".

On page 2, line 10, delete "or all-terrain vehicle".

On page 2, delete line 13, and insert "an annual permit valid from December first to March thirty-first, inclusive, for a fee of twenty dollars. The permit shall be affixed to the motorcycle on the right side of the unit and shall be clearly visible. The Department of Game, Fish and".

On page 2, line 14, after "annual" insert "permit".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1155 and 1197 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1013, 1015, and 1016 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 1178 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Fred W. Romkema, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1169 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 HB 1208 and returns the same with the recommendation that said bill be amended as follows:

1208ja

On page 1, line 12, of the printed bill, after "release" insert "of medical waste".

On page 1, line 12, delete "of" and insert ".".

On page 1, line 13, delete "medical waste.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 24 which was tabled.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1199 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 1120 and 1122 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 1101 and returns the same with the recommendation that said bill be amended as follows:

1101ta

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of § 3-18-15.1 do not apply to employees of political subdivisions unless those employees are members of a public employee union or the governing body of a political subdivision has adopted an ordinance or resolution establishing a grievance procedure for all employees of the political subdivision."

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 1179 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 1032 and 1055 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 1, 6, 156, 158, and 181 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 2 Introduced by: Representatives Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann, 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.

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eighty-eighth Legislature of the State of South Dakota to Karissa Buchholtz, Joslynn Clauson, Landon Fanning, Jordan Johnson, Patience Lunday, Erin Mairose, Kaylynn Noethlich, Zoe Pease, Jacob Thomas, Brittany Thompson, Emily Wall.

WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-eighth Legislative Session; and

WHEREAS, the members of the Eighty-eighth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-eighth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Sly moved that House Page Resolution 2 be adopted.

Which motion prevailed and the resolution was adopted.

Rep. Nelson moved that the House do concur in Senate amendments to HCR 1001.

The question being on Rep. Nelson's motion that the House do concur in Senate amendments to HCR 1001.

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 the amendments were concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on HB 1102 as found on page 246 of the House Journal; also

Commerce and Energy on HB 1157 as found on page 246 of the House Journal; also

Commerce and Energy on HB 1103 as found on page 247 of the House Journal; also

Education on HB 1128 as found on page 247 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 1: FOR AN ACT ENTITLED, An Act to revise the provisions regarding plugging and performance bonds for oil and gas wells and to repeal the supplemental restoration bond requirement.

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

SB 6: FOR AN ACT ENTITLED, An Act to determine whether factors affecting productivity should be applied if the actual use of agricultural land does not correspond to the soil classification standards.

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

SB 156: FOR AN ACT ENTITLED, An Act to authorize township boards to increase the front foot assessment for road maintenance, repairs, and improvements and to revise certain provisions concerning road districts established by townships.

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

SB 158: FOR AN ACT ENTITLED, An Act to provide for the funding of educational programs for children in residential treatment centers, intensive residential treatment centers, or licensed group care centers.

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

SB 181: FOR AN ACT ENTITLED, An Act to provide licensing reciprocity for social workers.

Was read the first time and referred to the Committee on Health and Human Services.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1049: FOR AN ACT ENTITLED, An Act to transfer the value added agriculture subfund from the Governor's Office of Economic Development to the Department of Agriculture.

Was read the second time.

1049ra

Rep. Bartling moved that HB 1049 be amended as follows:

On page 1 of the printed bill, delete lines 4 to 11, inclusive, and insert:

" Section 1. That § 1-16G-24 be amended to read as follows:

1-16G-24. Earnings on the revolving economic development and initiative fund ~~and the value added agriculture subfund~~ may be used for the administrative costs of the Division of Finance of the Governor's Office of Economic Development. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development. Eligible expenses may not exceed total interest earnings during the previous fiscal year prior to the deduction of loan losses for the same fiscal year. ".

Which motion prevailed.

The question being "Shall HB 1049 pass as amended?"

And the roll being called:

Yeas 68, Nays 2, 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; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; 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; Nelson

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 1144: FOR AN ACT ENTITLED, An Act to permit the euthanization of deer that have been seriously injured in motor vehicle accidents.

Was read the second time.

The question being "Shall HB 1144 pass as amended?"

And the roll being called:

Yeas 63, Nays 7, Excused 0, Absent 0

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

Nays:
Carson; Duvall; Haggar (Jenna); Novstrup (David); Otten (Herman); Qualm; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 70: FOR AN ACT ENTITLED, An Act to improve public safety.

Was read the second time.

70rb

Rep. Feinstein moved that SB 70 be amended as follows:

On page 17, line 17, of the Senate State Affairs Committee engrossed bill, remove the overstrikes from "~~or class 1 misdemeanor~~".

Which motion lost.

The question being "Shall SB 70 pass as amended?"

And the roll being called:

Yeas 63, Nays 7, 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; Killer; Kirschman; Kopp; Lust; Magstadt; Mickelson; Miller; Munsterman; Novstrup (David); 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:
Greenfield; Kaiser; Latterell; May; Nelson; Olson (Betty); 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.

SB 38: FOR AN ACT ENTITLED, An Act to increase the penalty for sexual acts between correction facility employees and juvenile detainees.

Was read the second time.

The question being "Shall SB 38 pass as amended?"

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 58: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the electronic filing of motor fuel tax reports and the electronic remittance of motor fuel tax.

Was read the second time.

The question being "Shall SB 58 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.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1066 was delivered to his Excellency, the Governor, for his approval at 2:15 p.m., January 30, 2013.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1032 and 1055 and finds the same correctly enrolled.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the money, clothing, and transportation furnished inmates released from the Department of Corrections.

HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance employer charges and claimant misrepresentation regarding benefit overpayments and to correct references to certain provisions pertaining to unemployment insurance.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 2:49 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk