House of Representatives Journal 2/12/2013 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-EIGHTH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 12, 2013

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

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.

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 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.

Respectfully submitted,

Brian G. Gosch, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 8, 2013

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

February 12, 2013

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

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:

1209ta

On page 1 of the printed bill, delete lines 6 to 8, inclusive, and insert:

No person who is listed on a statement of organization for a political committee or political party pursuant to §§ 12-27-3 and 12-27-6 may be certified as a candidate for office unless the treasurer of the political committee or political party for which the person is listed has:".

And that as so amended said bill do pass.

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 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

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:

1093ta

On page 1, line 8, of the printed bill, after "seasons" insert "in the manner and under such conditions as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26".

And that as so amended said bill do pass.

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:

1246tb

On page 1, line 4, of the printed bill, delete "aerial pesticide" and insert "commercial".

On page 1, line 5, delete "using aircraft".

On page 1, line 6, delete everything after "applicator" and insert "if the commercial categories in which the applicator is licensed are the appropriate applications to be made. Any such applicator shall abide by all state and federal rules and regulations pertaining to private applicator pesticide application in this state when applying pesticides on the applicator's own property.".

1246tta

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

And that as so amended said bill do pass.

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 41^st Legislative Day.

Respectfully submitted,
Charles B. Hoffman, Chair

Also MR. SPEAKER:

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:

1162oa

On page 1, line 8 of the printed bill, delete "safety" and insert "Safety".

On page 2, line 14, delete "Public" and insert "Revenue.".

On page 2, delete line 15.

And that as so amended said bill do pass.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

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.

Respectfully submitted,
Scott Munsterman, Chair

Also MR. SPEAKER:

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:

1220oa

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

" Section 1. That chapter 41-17 be amended by adding thereto a NEW SECTION to read as follows:

The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to permit the use of golf carts on roads within state parks and state recreation areas that are designated by the commission to be used by golf carts. The rules shall require that the golf cart is insured as a motor vehicle by one of the methods provided by § 32-35-113, has a rearview mirror, and has functioning headlights, brake lights, and horn. The commission may also, by a rule, require the golf cart to display a valid park entrance license. Any person operating a golf cart on any such designated road shall hold a valid driver license."

And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

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:

145fc

On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed version.

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 1173 which was tabled.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1047 which has passed the Senate without change.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

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.

The question being on Rep. Bolin's motion that HCR 1006 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.

CONSIDERATION OF REPORTS OF COMMITTEES

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.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 53: FOR AN ACT ENTITLED, An Act to expand the application of the farm decal system.

Was read the second time.

The question being "Shall SB 53 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)

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

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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.

1083ra

Rep. Betty Olson moved that HB 1083 be amended as follows:

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

" Section 1. That section 60 of SB 70 as previously enacted by the Eighty-Eighth Legislature be amended to read as follows:

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:

(1) Exceeds one thousand dollars in value but is less than or equal to two thousand five hundred dollars;

(2) Is a firearm with a value of less than or equal to two thousand five hundred dollars;

(3) Is taken from the person of another with a value of less than or equal to two thousand five hundred dollars; or

(4) The property stolen is cattle, horses, mules, sheep, goats, buffalo, or captive nondomestic elk with a value of less than or equal to two thousand five hundred dollars.

Grand theft is a Class 5 felony if the value of the property is more than two thousand five hundred dollars but less than or equal to five thousand dollars.

Grand theft is a Class 4 felony if the value of the property is more than five thousand dollars but less than or equal to one hundred thousand dollars.

Grand theft is a Class 3 felony if the value of the property is more than one hundred thousand dollars but less than or equal to five hundred thousand dollars. "

Which motion prevailed.

The question being "Shall HB 1083 pass as amended?"

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.

1083rta

Rep. Betty Olson moved that the title to HB 1083 be amended as follows:

On page 1, line 1, of the printed bill, delete "reestablish" and insert "revise".

On page 1, line 1, delete everything after "rustling" and insert "to include sheep and goats.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

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.

1233rd

Rep. Ecklund moved that HB 1233 be amended as follows:

On the House Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 47-23-29 be amended to read as follows:

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:

(1) The individual was acting in good faith and within the scope of such individual's official functions and duties for the nonprofit organization, the nonprofit corporation, the free clinic, a hospital organized pursuant to chapter 34-8, 34-9, or 34-10, or a governmental entity; and

(2) The damage or injury was not caused by gross negligence or willful and wanton misconduct by such individual.

Section 2. As used in this Act, a licensed medical professional is any person who holds an M.D., D.O., D.C., or D.D.S. degree and is currently licensed to practice professionally."

Which motion prevailed.

The question being "Shall HB 1233 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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.

1233rta

Rep. Ecklund moved that the title to HB 1233 be amended as follows:

On page 1, line 1, of the House Health and Human Services Committee engrossed bill, delete "facilitate" and insert "grant limited immunity for".

On page 1, line 1, after "services" delete "to".

On page 1, line 2, delete "the disadvantaged".

Which motion prevailed and the title was so amended.

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

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 1171: FOR AN ACT ENTITLED, An Act to exempt certain property from bankruptcy levy.

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

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; 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:
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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that SB 41, 45, 23, 72, 18, 19, 27, 78, and 86 be deferred to Wednesday, February 13, the 22^nd 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 1024 and 1025 were delivered to his Excellency, the Governor, for his approval at 8:50 a.m., February 12, 2013.

Also MR. SPEAKER:

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.

Respectfully submitted,

Brian G. Gosch, Chair

SIGNING OF BILLS

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.

Arlene Kvislen, Chief Clerk