The prayer was offered by the Chaplain, Pastor John Armstrong, followed by the Pledge
of Allegiance led by House pages Emily Jons and Caleb Wynia.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-first day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1215 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 1045 and returns the same with the recommendation that said bill be amended as follows:
10-43-29.1. If the apportionment methods included in §§ 10-43-22.1 to 10-43-25.7,
inclusive, do not fairly represent the financial institution's net income in this state, the financial
institution may petition for, or the secretary may require, pursuant to criteria established by rule
promulgated pursuant to chapter 1-26, with respect to all or any part of the taxpayer's business
activity:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1217 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 1046 which was tabled.
The Committee on Education respectfully reports that it has had under consideration
HB 1198 and 1213 and SB 96 and returns the same with the recommendation that said bills do
pass.
The Committee on Education respectfully reports that it has had under consideration
HB 1200 which was tabled.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 8, 9, and 22 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 1166 and 1172 which were deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1206, 1211, 1225, and 1235 which were tabled.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1231 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1191 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1194 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1234 and returns the same with the recommendation that said bill be amended
as follows:
I have the honor to return herewith HCR 1004 in which the Senate has concurred.
I have the honor to transmit herewith SB 132, 153, 185, and 205 and SJR 2 which have
passed the Senate and your favorable consideration is respectfully requested.
Speaker Pro tempore Wink now presiding.
HCR 1005: A CONCURRENT RESOLUTION, Recognizing November 2013 as
COPD Awareness Month.
Rep. Gosch moved that HCR 1005 as found on page 302 of the House Journal be adopted.
The question being on Rep. Gosch's motion that HCR 1005 be adopted.
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 HCR 1005 was adopted.
Rep. Lust moved that the reports of the Standing Committees on
State Affairs on HB 1209 as found on page 348 of the House Journal; also
Agriculture and Natural Resources on HB 1093 as found on page 349 of the House Journal;
also
Agriculture and Natural Resources on HB 1246 as found on page 349 of the House Journal;
also
Transportation on HB 1162 as found on page 350 of the House Journal; also
Local Government on HB 1220 as found on page 351 of the House Journal; also
Taxation on SB 145 as found on page 352 of the House Journal be adopted.
Which motion prevailed.
SB 132: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and
prosecution for certain alcohol consumption related offenses to persons who assist certain
persons in need of emergency assistance or who are themselves in need of emergency assistance.
Was read the first time and referred to the Committee on Judiciary.
SB 153: FOR AN ACT ENTITLED, An Act to clarify, remove inconsistencies from, and
revise certain provisions relating to the formation and operation of watershed districts.
Was read the first time and referred to the Committee on Judiciary.
SB 185: FOR AN ACT ENTITLED, An Act to clarify the authority of the interim rules
review committee.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election amendments to Article XI of the Constitution of the State of South Dakota,
relating to the vote required to increase taxes.
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 second time.
The question being "Shall SB 126 pass?"
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.
SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
health and educational facilities authority.
Was read the second time.
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.
HB 1128: FOR AN ACT ENTITLED, An Act to allow certain students to participate in
the opportunity scholarship program under certain circumstances.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1128 pass as amended?"
And the roll being called:
Yeas 35, Nays 35, Excused 0, Absent 0
Yeas:
Cammack; Campbell; Craig; Ecklund; Feickert; Greenfield; Haggar (Don); Haggar (Jenna);
Hansen; Heinemann (Leslie); Hickey; Hoffman; Kaiser; Kopp; Latterell; Lust; May; Mickelson;
Miller; Munsterman; Nelson; Olson (Betty); Qualm; Rasmussen; Russell; Schaefer; Schoenfish;
Schrempp; Stalzer; Steele; Tulson; Verchio; Wick; Wink; Speaker Gosch
Nays:
Bartling; Bolin; Carson; Conzet; Cronin; Dryden; Duvall; Erickson; Feinstein; Gibson; Hajek;
Hawks; Hawley; Heinert; Hunhoff (Bernie); Johns; Killer; Kirschman; Magstadt; Novstrup
(David); Otten (Herman); Parsley; Peterson; Ring; Romkema; Rounds; Rozum; Sly; Soli;
Solum; Stevens; Tyler; Werner; Westra; Wismer
So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.
HB 1135: FOR AN ACT ENTITLED, An Act to regulate access to and use of public
waters on public and private property.
Was read the second time.
" Section 12. Nothing in this Act limits or restricts the public's right to recreational use of any
river designated as navigable pursuant to federal law, stream defined as navigable by § 43-17-34, or any meandered lake.
Section 13. On any meandered lake, the provisions of this Act are subject to § 43-17-29.".
And the roll being called:
Yeas 37, Nays 32, Excused 1, Absent 0
Yeas:
Bartling; Cammack; Campbell; Craig; Cronin; Dryden; Duvall; Feickert; Greenfield; Haggar
(Don); Hansen; Heinert; Hickey; Hoffman; Killer; Kopp; Latterell; May; Mickelson; Miller;
Nelson; Olson (Betty); Qualm; Rasmussen; Russell; Schaefer; Schoenfish; Schrempp; Stalzer;
Steele; Stevens; Verchio; Werner; Westra; Wink; Wismer; Speaker Gosch
Nays:
Bolin; Carson; Conzet; Ecklund; Erickson; Gibson; Haggar (Jenna); Hajek; Hawks; Hawley;
Heinemann (Leslie); Hunhoff (Bernie); Johns; Kaiser; Kirschman; Lust; Magstadt; Munsterman;
Novstrup (David); Otten (Herman); Parsley; Peterson; Ring; Romkema; Rounds; Rozum; Sly;
Soli; Solum; Tulson; Tyler; Wick
Excused:
Feinstein
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 1189: FOR AN ACT ENTITLED, An Act to permit townships to levy a capital
improvement property tax for highways, secondary roads, bridges, and culverts.
Was read the second time.
The question being "Shall HB 1189 pass as amended?"
And the roll being called:
Yeas 47, Nays 22, Excused 1, Absent 0
Nays:
Bartling; Bolin; Conzet; Cronin; Dryden; Duvall; Erickson; Haggar (Don); Haggar (Jenna);
Hajek; Hansen; Kaiser; Latterell; Mickelson; Nelson; Otten (Herman); Romkema; Rounds;
Russell; Stevens; Westra; Speaker Gosch
Excused:
Feinstein
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 1249: FOR AN ACT ENTITLED, An Act to provide salary assistance to counties for
veterans service officers.
Was read the second time.
The question being "Shall HB 1249 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall;
Ecklund; Erickson; Feickert; 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
Excused:
Feinstein
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. Lust moved that SB 41, 45, 23, 72, 18, 19, 27, 78, 86, 156, 68, and 88 be deferred to
Thursday, February 14, the 23rd legislative day.
Which motion prevailed.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:22 p.m. the House adjourned.