The prayer was offered by the Chaplain, Pastor Mercy Hobbs, followed by the Pledge of
Allegiance led by House page Laramie Olivier.
Roll Call: All members present except Reps. Carson and Rozum who were excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the sixteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Madeline Bauer, Hadley Cropsey, August Crowley, Valentina Diolaiti, Tomi Jones, Emily
Jons, Scott Mah, Thomas Nealon, Laramie Olivier, Jesse Schuster, Andrew Wegner, Ryder
Wilson, Caleb Wynia
Which was subscribed to and placed on file in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on January 31, 2013, I approved House Bill 1066, and the
same has been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 1, 2013, I approved House Bills 1008, 1009,
1022, 1036, 1040, and 1044, and the same have been deposited in the office of the Secretary of
State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on Education respectfully reports that it has had under consideration
HB 1164 and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration
HB 1166 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1220 and returns the same with the recommendation that said bill be referred to the
Committee on Local Government.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1134, 1186, 1202, and 1244 and HJR 1001 which were deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1143 and returns the same with the recommendation that said bill be referred to the
Committee on Taxation.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1104 and 1105 which were deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1159 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1026, 1027, 1042, and 1043 which have passed the
Senate without change.
I have the honor to transmit herewith SB 96, 118, 120, 126, and 204 which have passed the
Senate and your favorable consideration is respectfully requested.
Rep. Lust moved that the reports of the Standing Committees on
Taxation on HB 1153 as found on page 266 of the House Journal; also
Taxation on HB 1239 as found on page 266 of the House Journal; also
Agriculture and Natural Resources on HB 1124 as found on page 267 of the House Journal;
also
Transportation on HB 1174 as found on page 267 of the House Journal; also
Health and Human Services on HB 1208 as found on page 268 of the House Journal; also
Local Government on HB 1101 as found on page 269 of the House Journal be adopted.
Which motion prevailed.
SB 96: FOR AN ACT ENTITLED, An Act to exempt certain school districts from the
requirement to reorganize due to low enrollment.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Health and Human Services.
SB 120: FOR AN ACT ENTITLED, An Act to revise provisions related to consent to
sexual activity.
Was read the first time and referred to the Committee on Judiciary.
SB 126: FOR AN ACT ENTITLED, An Act to revise the provisions that authorize
townships to combine the offices of the clerk and the treasurer.
Was read the first time and referred to the Committee on Local Government.
SB 204: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
deposit and expenditure of tobacco settlement revenues and bond proceeds.
Was read the first time and referred to the Committee on State Affairs.
HB 1103: FOR AN ACT ENTITLED, An Act to exempt credit health insurers from certain
provisions related to preexisting conditions.
Was read the second time.
The question being "Shall HB 1103 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; 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; 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 1152: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
administrative office and to the appointment and direction of the executive director of the South
Dakota Wheat Utilization, Research and Market Development Commission.
Was read the second time.
The question being "Shall HB 1152 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; 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; Russell; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Excused:
Carson; Rozum
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 1102: FOR AN ACT ENTITLED, An Act to revise provisions regarding the South
Dakota Life and Health Insurance Guaranty Association Act.
Was read the second time.
The question being "Shall HB 1102 pass as amended?"
And the roll being called:
Yeas:
Bartling; Bolin; Cammack; Campbell; 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; Russell; Schaefer; Schoenfish; Schrempp; Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer; Speaker Gosch
Excused:
Carson; Rozum
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 1157: FOR AN ACT ENTITLED, An Act to increase certain penalties regarding the
sale of petroleum products.
Was read the second time.
The question being "Shall HB 1157 pass as amended?"
And the roll being called:
Yeas 49, Nays 19, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Craig; Cronin; Dryden; Duvall; Erickson; Feickert; Feinstein;
Gibson; Haggar (Don); Hajek; Hansen; Hawks; Heinemann (Leslie); Heinert; Hickey; Hoffman;
Hunhoff (Bernie); Killer; Kirschman; Lust; Magstadt; Mickelson; Miller; Nelson; Novstrup
(David); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Romkema; Schaefer;
Schoenfish; Schrempp; Sly; Soli; Stalzer; Steele; Tulson; Tyler; Werner; Westra; Wick; Wink;
Wismer
Nays:
Campbell; Conzet; Ecklund; Greenfield; Haggar (Jenna); Hawley; Johns; Kaiser; Kopp;
Latterell; May; Munsterman; Olson (Betty); Rounds; Russell; Solum; Stevens; Verchio; Speaker
Gosch
Excused:
Carson; Rozum
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.
Rep. Bartling requested a fiscal note on HB 1128.
Which request was supported.
HB 1123: FOR AN ACT ENTITLED, An Act to increase the surcharge on certain hunting
licenses.
Was read the second time.
The question being "Shall HB 1123 pass?"
And the roll being called:
Yeas 55, Nays 13, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Feickert; Greenfield; Haggar (Don); Hajek; Hansen; Heinemann (Leslie); Heinert; Hickey;
Hoffman; Hunhoff (Bernie); Johns; Kaiser; Kopp; Lust; Magstadt; May; Mickelson; Miller;
Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Peterson; Qualm; Rasmussen;
Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer;
Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Wismer
Nays:
Erickson; Feinstein; Gibson; Haggar (Jenna); Hawks; Hawley; Killer; Kirschman; Latterell;
Nelson; Parsley; Tyler; Speaker Gosch
Excused:
Carson; Rozum
HB 1156: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
nonresident waterfowl licenses.
Was read the second time.
The question being "Shall HB 1156 pass?"
And the roll being called:
Yeas 30, Nays 38, Excused 2, Absent 0
Yeas:
Cammack; Campbell; Craig; Cronin; Greenfield; Haggar (Don); Hansen; Hickey; Hoffman;
Johns; Kaiser; Kopp; Latterell; May; Nelson; Novstrup (David); Olson (Betty); Qualm;
Rasmussen; Romkema; Schaefer; Schoenfish; Solum; Stalzer; Stevens; Tulson; Verchio;
Werner; Wink; Speaker Gosch
Nays:
Bartling; Bolin; Conzet; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson;
Haggar (Jenna); Hajek; Hawks; Hawley; Heinemann (Leslie); Heinert; Hunhoff (Bernie); Killer;
Kirschman; Lust; Magstadt; Mickelson; Miller; Munsterman; Otten (Herman); Parsley;
Peterson; Ring; Rounds; Russell; Schrempp; Sly; Soli; Steele; Tyler; Westra; Wick; Wismer
Excused:
Carson; Rozum
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1141: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain
motor vehicle dealer license plates and permits.
Was read the second time.
The question being "Shall HB 1141 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Carson; Rozum
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 1013: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
construct multi-use storage facilities at South Dakota State University and to make an
appropriation therefor.
Was read the second time.
The question being "Shall HB 1013 pass?"
And the roll being called:
Yeas 58, Nays 10, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; 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; Lust; Magstadt; Mickelson; Miller; Munsterman; Novstrup (David); Otten
(Herman); Parsley; Peterson; Rasmussen; Ring; Romkema; Rounds; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick;
Wink; Wismer; Speaker Gosch
Nays:
Greenfield; Kaiser; Kopp; Latterell; May; Nelson; Olson (Betty); Qualm; Russell; Verchio
Excused:
Carson; Rozum
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.
Was read the second time.
The question being "Shall HB 1015 pass?"
And the roll being called:
Yeas 58, Nays 10, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; 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; Lust; Magstadt; Mickelson; Miller; Munsterman; Novstrup (David); Otten
(Herman); Parsley; Peterson; Rasmussen; Ring; Romkema; Rounds; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Werner; Westra; Wick;
Wink; Wismer; Speaker Gosch
Nays:
Greenfield; Kaiser; Kopp; Latterell; May; Nelson; Olson (Betty); Qualm; Russell; Verchio
Excused:
Carson; Rozum
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 1016: FOR AN ACT ENTITLED, An Act to revise the location of the cow-calf
research and education unit authorized in chapter 107 of the 2012 Session Laws.
Was read the second time.
The question being "Shall HB 1016 pass?"
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Nays:
Nelson; Russell
Excused:
Carson; Rozum
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 1169: FOR AN ACT ENTITLED, An Act to amend the provisions regarding the
reimbursement of a physical exam of a victim after a rape.
Was read the second time.
The question being "Shall HB 1169 pass?"
And the roll being called:
Yeas 53, Nays 15, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson;
Feickert; Feinstein; Gibson; Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert;
Hickey; Hoffman; Hunhoff (Bernie); Killer; Kirschman; Kopp; Lust; Magstadt; Mickelson;
Miller; Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Ring; Romkema;
Schaefer; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Tyler; Verchio;
Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Campbell; Greenfield; Haggar (Don); Haggar (Jenna); Johns; Kaiser; Latterell; May; Nelson;
Olson (Betty); Qualm; Rasmussen; Rounds; Russell; Steele
Excused:
Carson; Rozum
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 1120 pass?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; 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; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm;
Rasmussen; Ring; Romkema; Rounds; Russell; Schaefer; Schoenfish; Schrempp; Sly; Soli;
Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer;
Speaker Gosch
Nays:
Nelson
Excused:
Carson; Rozum
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 1122: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to
health insurance plans for county officers and employees.
Was read the second time.
The question being "Shall HB 1122 pass?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Nays:
Hoffman
Excused:
Carson; Rozum
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.
The Committee on Legislative Procedure respectfully reports that HB 1021, 1031, 1041,
1053, and 1063 were delivered to his Excellency, the Governor, for his approval at 9:55 a.m.,
February 4, 2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1026, 1027, 1042, and 1043 and finds the same
correctly enrolled.
The Speaker publicly read the title to
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.
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.
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.
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.
SB 26: FOR AN ACT ENTITLED, An Act to update terminology for individuals with
intellectual disabilities and similar terms.
SB 37: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
insurance fraud prevention unit.
And signed the same in the presence of the House.
HC 1011 Introduced by: Representatives Nelson, Campbell, Carson, Hawley, Johns,
Kaiser, Kopp, Latterell, Parsley, Ring, Solum, Stalzer, Steele, Verchio, and Wick and Senators
Van Gerpen, Adelstein, Brown, Johnston, Lederman, and Rhoden
HC 1012 Introduced by: Representatives Nelson, Campbell, Carson, Hawley, Johns,
Kaiser, Kopp, Parsley, Ring, Solum, Stalzer, Steele, Verchio, and Wick and Senators Van
Gerpen, Adelstein, Brown, Johnston, Lederman, and Rhoden
Senior Airman Jared S. Mengenhausen is recognized for his outstanding service and outstanding
representation of the State of South Dakota, and he is extended our best wishes for his continued
success, happiness, and safety.
HC 1013 Introduced by: Representatives Nelson, Campbell, Carson, Hawley, Johns,
Kaiser, Kopp, Parsley, Ring, Solum, Stalzer, Steele, Verchio, and Wick and Senators Van
Gerpen, Adelstein, Brown, Johnston, Lederman, and Rhoden
HC 1014 Introduced by: Representatives Nelson, Campbell, Carson, Hawley, Johns,
Kaiser, Kopp, Parsley, Ring, Solum, Stalzer, Steele, Verchio, and Wick and Senators Van
Gerpen, Adelstein, Brown, Johnston, Lederman, and Rhoden
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:04 p.m. the House adjourned.