House of Representatives Journal 2/7/2013 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-EIGHTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 7, 2013

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

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House pages Maddi Bauer and August Crowley.

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 nineteenth 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.

HONORED GUESTS

Speaker Gosch introduced the Honorable Kristi Noem, United States Representative from South Dakota, who spoke briefly.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1135 and returns the same with the recommendation that said bill be amended as follows:

1135ta

On page 2, line 17, of the printed bill, after "beneath" insert "nonmeandered".

1135tb

On page 8, after line 12 of the printed bill, insert:

" Section 12. Nothing in this Act is intended to limit or restrict the public's right to use any water defined as navigable by § 43-17-34.".

And that as so amended said bill do pass.

Respectfully submitted,
Charles B. Hoffman, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 72 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 1248 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1189 and returns the same with the recommendation that said bill be amended as follows:

1189fa

On page 1, line 5, of the printed bill, delete "one dollar" and insert "fifty cents".

1189fd

On the previously adopted amendment (1189fa), delete "fifty cents" and insert "twenty cents".

1189fe

On page 1 of the printed bill, delete lines 4 to 12, inclusive.

1189fta

On page 1, line 1, of the printed bill, delete "counties and".

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 1154, 1193, and 1229 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Brock L. Greenfield, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1057 and SB 18, 19, and 27 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 1247 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Fred W. Romkema, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 78 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 SB 53 and 57 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 86 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 SB 156 and returns the same with the recommendation that said bill be amended as follows:

156fb

On page 2, line 5, of the Senate Taxation Committee engrossed bill, after "~~three~~" insert "which provides access to a rural subdivision or unincorporated town".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 122 which was tabled.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 74, 105, 106, 107, 121, 133, 216, and 227 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006 Introduced by: Representatives Bolin, Cammack, Campbell, Craig, Dryden, Ecklund, Erickson, Greenfield, Haggar (Don), Hansen, Heinemann (Leslie), Johns, Kaiser, Kopp, Magstadt, May, Mickelson, Miller, Nelson, Olson (Betty), Rasmussen, Rozum, Russell, Schaefer, Schoenfish, Stalzer, Steele, Stevens, Tulson, Verchio, Westra, and Wick and Senators Lederman, Adelstein, Begalka, Brown, Ewing, Frerichs, Heineman (Phyllis), Holien, Jensen, Kirkeby, Krebs, Maher, Monroe, Novstrup (Al), Olson (Russell), Omdahl, Otten (Ernie), Peters, Rampelberg, Rave, Rhoden, Soholt, Tidemann, Tieszen, Van Gerpen, and White

A CONCURRENT RESOLUTION, Petitioning the President of the United States and the Department of State to authorize the Keystone XL Pipeline.

WHEREAS, the proposed Keystone XL Pipeline would help reduce our nation's dependency on oil originating from unfriendly nations and unstable areas of the globe; and

WHEREAS, the Obama administration has proclaimed job creation as a high priority for our nation and its people; and

WHEREAS, the proposed Keystone XL Pipeline would provide additional employment opportunities in South Dakota and across the Midwest; and

WHEREAS, the proposed Keystone XL Pipeline would contribute much needed tax revenues to South Dakota, which would be funneled to essential local government operations and school districts; and

WHEREAS, the failure to authorize this project will only result in the shipment of the vital petroleum resources of Canada to nations in Asia:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Eighth Legislature of the State of South Dakota, the Senate concurring therein, that the project commonly known as the Keystone XL Pipeline be approved by the United States Department of State and the President of the United States, Barack Obama.

Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1166 as found on page 320 of the House Journal; also

Education on HB 1172 as found on page 320 of the House Journal; also

Judiciary on HB 1151 as found on page 321 of the House Journal; also

Judiciary on HB 1171 as found on page 322 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 74: FOR AN ACT ENTITLED, An Act to require the forfeiture of preference points for certain hunting licenses upon conviction of unlawfully killing, destroying, taking, or possessing trophy animals.

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

SB 121: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the Commission on Intergovernmental Cooperation.

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

SB 133: FOR AN ACT ENTITLED, An Act to establish a pharmacy audit integrity program.

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

SB 227: FOR AN ACT ENTITLED, An Act to revise provisions relating to the possession of firearms on snowmobiles.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1158: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the posting of public notice for meetings of public bodies.

Was read the second time.

The question being "Shall HB 1158 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to provide for the creation of a trust account for unlocatable mineral interest owners.

Was read the second time.

The question being "Shall HB 1002 pass as amended?"

And the roll being called:

Yeas 69, Nays 1, 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; 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

Nays:
Kaiser

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 1167: FOR AN ACT ENTITLED, An Act to revise the composition of the policy review committee for animal damage control.

Was read the second time.

1167ra

Rep. Betty Olson moved that HB 1167 be amended as follows:

On page 1, line 5, of the House Agriculture and Natural Resources Committee engrossed bill, overstrike "an interagency joint policy review" and insert "a policy advisory".

On page 1, line 12, overstrike "develop program priorities" and insert "provide recommendations".

Which motion prevailed.

The question being "Shall HB 1167 pass as amended?"

And the roll being called:

Yeas 69, Nays 1, 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; 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

Nays:
Greenfield

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

1167rta

Rep. Rounds moved that the title to HB 1167 be amended as follows:

On page 1, line 1, of the House Agriculture and Natural Resources Committee engrossed bill, delete "revise the composition of the policy review" and insert "restructure the policy advisory".

Which motion prevailed and the title was so amended.

Rep. Ecklund moved that HB 1233 be deferred to Monday, February 11, the 21^st legislative day.

Which motion prevailed.

HB 1067: FOR AN ACT ENTITLED, An Act to designate POW/MIA Recognition Day as a working holiday.

Was read the second time.

The question being "Shall HB 1067 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 1084: FOR AN ACT ENTITLED, An Act to designate Purple Heart Recognition Day as a working holiday.

Was read the second time.

The question being "Shall HB 1084 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 SENATE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that SB 41, 45, and 23 be deferred to Monday, February 11, the 21^st legislative day.

Which motion prevailed.

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 1012, 1051, 1054, and 1064 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 7, 2013.

Respectfully submitted,
Brian G. Gosch, Chair

COMMEMORATIONS

HC 1017 Introduced by: Representatives Rozum, 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 (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, and Wismer and Senators Vehle, Adelstein, Begalka, Bradford, Brown, Buhl, Ewing, Frerichs, Heineman (Phyllis), Holien, Hunhoff (Jean), Jensen, Johnston, Jones, Kirkeby, Krebs, Lederman, Lucas, Maher, Monroe, Novstrup (Al), Olson (Russell), Omdahl, Otten (Ernie), Peters, Rampelberg, Rave, Rhoden, Soholt, Sutton, Tidemann, Tieszen, Van Gerpen, Welke, and White

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2011-2012 Girls AA Mitchell High School Kernel Basketball Team for winning the State AA Girls Basketball Championship.

WHEREAS, the student athletes of the Mitchell High School Girls Basketball Team trained and worked hard during the 2011-2012 season, resulting in a State AA Championship title; and

WHEREAS, the 2011-2012 AA State Championship players are Kerri Young, Megan Farnham, Tori Houwman, Krista Huber, Jamie Iburg, Shelly Iburg, Ashley Larson, Torrie Michels, Macy Miller, Dana Misiaszek, Courtney Moore, Kendra Morgan, Berkley Rietveld, Kristin Sabers, Emma Schmidt, and Taylor Volesky; and

WHEREAS, the team received excellent leadership and guidance from head coach Wes Morgan and assistant coaches Joe Shepardson and Jesse Kroupa:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Mitchell High School Kernels Girls Basketball Team is honored for their championship performance during the 2011-2012 South Dakota State AA Girls High School Basketball Tournament.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 2:58 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk