The prayer was offered by the Chaplain, Father Mark McCormick, followed by the Pledge
of Allegiance led by House page Andrew Wegner.
Roll Call: All members present except Reps. Jenna Haggar and Heinemann 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 twentieth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 8, 2013, I approved House Bills 1012, 1021,
1026, 1027, 1031, 1032, 1041, 1042, 1043, 1051, 1053, 1054, 1055, and 1063, and the same
have 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 12, 2013, I approved House Bill 1064, and the
same has been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1249 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1209 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1210 and returns the same with the recommendation that said bill be referred to the
Committee on Health and Human Services.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1002 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1093 and returns the same with the recommendation that said bill be
amended as follows:
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1246 and returns the same with the recommendation that said bill be
amended as follows:
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1146, 1147, and 1148 which were deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1162 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1142 and SB 68 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 SB 88 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 126 and 127 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 Local Government respectfully reports that it has had under
consideration HB 1220 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Taxation respectfully reports that it has had under consideration SB 145
and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1173 which was tabled.
I have the honor to return herewith HB 1047 which has passed the Senate without change.
Rep. Lust moved to amend the 2013 Session Calendar by moving Legislative Day 21 to
Tuesday, February 12, 2013; Legislative Day 22 to Wednesday, February 13, 2013; Legislative
Day 23 to Thursday, February 14, 2013; and Legislative Day 24 to Friday, February 15, 2013.
Which motion prevailed.
HCR 1006: A CONCURRENT RESOLUTION, Petitioning the President of the United
States and the Department of State to authorize the Keystone XL Pipeline.
Rep. Bolin moved that HCR 1006 as found on page 339 of the House Journal be adopted.
And the roll being called:
Yeas 57, Nays 11, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; Greenfield; Haggar (Don); Hajek; Hansen; Hawley; Hoffman;
Hunhoff (Bernie); Johns; Kaiser; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson;
Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Peterson;
Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Solum;
Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker
Gosch
Nays:
Feinstein; Gibson; Hawks; Heinert; Hickey; Killer; Parsley; Ring; Schrempp; Soli; Tyler
Excused:
Haggar (Jenna); Heinemann (Leslie)
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1006 was adopted.
Rep. Lust moved that the reports of the Standing Committees on
Agriculture and Natural Resources on HB 1135 as found on page 336 of the House Journal;
also
Taxation on HB 1189 as found on page 337 of the House Journal; also
Local Government on SB 156 as found on page 338 of the House Journal be adopted.
Which motion prevailed.
SB 53: FOR AN ACT ENTITLED, An Act to expand the application of the farm decal
system.
Was read the second time.
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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; 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
Excused:
Haggar (Jenna); Heinemann (Leslie)
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 57: FOR AN ACT ENTITLED, An Act to define a biodiesel producer and bulk plant
operator and revise certain statutory references and to make certain form and style changes
regarding motor fuel taxation.
Was read the second time.
The question being "Shall SB 57 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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; 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
Excused:
Haggar (Jenna); Heinemann (Leslie)
HB 1083: FOR AN ACT ENTITLED, An Act to reestablish the crime of rustling and to
provide a penalty therefor.
Was read the second time.
Section 60.That § 22-30A-17 be amended to read as follows:
22-30A-17. Grand theft is a Class 6 felony, if the property stolen:
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Hajek; Hansen; Hawks;
Hawley; Heinert; Hickey; Hoffman; 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:
Bartling; Hunhoff (Bernie)
Excused:
Haggar (Jenna); Heinemann (Leslie)
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.
HB 1233: FOR AN ACT ENTITLED, An Act to facilitate the provision of voluntary
medical services to the disadvantaged under certain circumstances.
Was read the second time.
47-23-29. Any volunteer, including licensed medical professionals, providing services on
behalf of a nonprofit organization, a nonprofit corporation, a free clinic, any hospital organized
pursuant to chapter 34-8, 34-9, or 34-10, or a governmental entity shall be are immune from
civil liability in any action brought in any court in this state on the basis of any act or omission
resulting in damage or injury if:
The question being "Shall HB 1233 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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; 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
Excused:
Haggar (Jenna); Heinemann (Leslie)
The question being on the title.
HB 1151: FOR AN ACT ENTITLED, An Act to extend general immunity from liability
for directors and officers of certain nonprofit fire and ambulance departments and to limit
certain actions for personal injury or death.
Was read the second time.
The question being "Shall HB 1151 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, 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; 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
Excused:
Haggar (Jenna); Heinemann (Leslie)
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 1171 pass as amended?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Yeas:
Bartling; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Hajek; Hansen; Hawks;
Hawley; 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:
Bolin
Excused:
Haggar (Jenna); Heinemann (Leslie)
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 1057: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related
to suppression of wildfires in the state and to declare an emergency.
Was read the second time.
The question being "Shall HB 1057 pass?"
And the roll being called:
Yeas 67, Nays 1, Excused 2, Absent 0
Nays:
Nelson
Excused:
Haggar (Jenna); Heinemann (Leslie)
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.
Rep. Lust moved that SB 41, 45, 23, 72, 18, 19, 27, 78, and 86 be deferred to Wednesday,
February 13, the 22nd 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 1024 and 1025 were
delivered to his Excellency, the Governor, for his approval at 8:50 a.m., February 12, 2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1047 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
examination for an application for a funeral service license.
SB 48: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission
to establish rules governing the allowance, placement, and maintenance of newspaper vending
machines at interstate rest areas.
SB 49: FOR AN ACT ENTITLED, An Act to establish the fee charged by registers of
deeds for documents filed by the Department of Transportation disposing of highway right-of-way that is no longer needed for highway purposes.
And signed the same in the presence of the House.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:02 p.m. the House adjourned.