The prayer was offered by the Chaplain, Representative Steve Hickey, followed by the
Pledge of Allegiance led by House page Leslie Cope.
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-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Lexy Antoine, Carlie Appletoft, Leslie Cope, Madison Inches, Devin Kurtz, Joseph Lyon,
Kaitlin Peterson, Rosalyn Rasmussen, Tori Remington
Which was subscribed to and placed on file in the office of the Secretary of State.
Rep. Bartling introduced the Wall School Board, recipient of the Associated School Boards
of South Dakota's School Board Award of Excellence for 2012, and Michael Denke, of Wagner,
the Associated School Boards of South Dakota's Outstanding School Board Member for 2012.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1188 and 1241 which were deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 151 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
HB 1143 and returns the same with the recommendation that said bill be amended as follows:
" Section 10. This Act is effective on January 1, 2014.".
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1218 which was tabled.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration
HJR 1003 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HCR 1005 in which the Senate has concurred.
I have the honor to return herewith HB 1034 which has passed the Senate without change.
I have the honor to transmit herewith SB 114, 138, 199, and 206 which have passed the
Senate and your favorable consideration is respectfully requested.
SCR 1: A CONCURRENT RESOLUTION, Urging action by Congress on agricultural
issues and the federal farm bill.
Rep. Hoffman moved that SCR 1 as found on page 405 of the Senate Journal be concurred
in.
The question being on Rep. Hoffman's motion that SCR 1 be concurred in.
And the roll being called:
Yeas 59, Nays 2, Excused 9, Absent 0
Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Duvall; Ecklund; Erickson; Feickert;
Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hansen; Hawks; Heinemann (Leslie);
Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Killer; Kirschman; Kopp; Latterell; Lust;
Magstadt; May; Miller; Munsterman; Nelson; Novstrup (David); Otten (Herman); Parsley;
Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Speaker Gosch
Nays:
Kaiser; Olson (Betty)
Excused:
Bolin; Carson; Dryden; Haggar (Don); Hawley; Mickelson; Romkema; Sly; Wismer
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 1 was concurred in.
Rep. Lust moved that the House do concur in Senate amendments to HB 1106.
The question being on Rep. Lust's motion that the House do concur in Senate amendments
to HB 1106.
Yeas 60, Nays 0, Excused 10, Absent 0
Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Duvall; Ecklund; Erickson; Feickert;
Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hansen; Hawks; Heinemann (Leslie);
Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell;
Lust; Magstadt; May; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten
(Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schaefer;
Schoenfish; Schrempp; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Westra;
Wick; Wink; Speaker Gosch
Excused:
Bolin; Carson; Dryden; Haggar (Don); Hawley; Mickelson; Romkema; Sly; Werner; Wismer
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Russell moved that the Committee on Commerce and Energy be instructed to deliver
HB 1129 to the floor of the House, pursuant to Joint Rule 7-7.
A roll call vote was requested and not supported.
Rep. Russell's motion lost.
Rep. Hickey moved that the Committee on Transportation be instructed to deliver HB 1080
to the floor of the House, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Rep. Nelson moved that the Committee on Commerce and Energy be instructed to deliver
HB 1175 to the floor of the House, pursuant to Joint Rule 7-7.
Which motion lost.
Taiwanese people and the global community as Taiwan not only has the means but also the
incentive to make a meaningful contribution; and
Was read the first time and the Speaker waived the committee referral.
Was read the first time and the Speaker waived the committee referral.
Education on HB 1183 as found on page 420 of the House Journal; also
Judiciary on HB 1226 as found on page 425 of the House Journal; also
Judiciary on HB 1235 as found on page 425 of the House Journal; also
Judiciary on HB 1237 as found on page 427 of the House Journal be adopted.
Which motion prevailed.
SB 114: FOR AN ACT ENTITLED, An Act to provide a definition of smoking.
Was read the first time and referred to the Committee on Local Government.
SB 138: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
educational data reporting.
Was read the first time and referred to the Committee on Education.
SB 199: FOR AN ACT ENTITLED, An Act to exempt certain property used for
educational purposes from taxation.
Was read the first time and referred to the Committee on Taxation.
SB 206: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liability
and to worker's compensation and disability payments for law enforcement officers performing
duties in other jurisdictions.
Was read the first time and referred to the Committee on Local Government.
Which motion prevailed.
Which motion prevailed.
HB 1187: FOR AN ACT ENTITLED, An Act to provide alternative brand inspection
procedures for certain rodeo livestock.
Was read the second time.
The question being "Shall HB 1187 pass as amended?"
And the roll being called:
Yeas 60, Nays 0, Excused 10, Absent 0
Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Duvall; Ecklund; Erickson; Feickert;
Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hansen; Hawks; Heinemann (Leslie);
Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell;
Lust; Magstadt; May; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten
(Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schaefer;
Schoenfish; Schrempp; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Westra;
Wick; Wink; Speaker Gosch
Excused:
Bolin; Carson; Dryden; Haggar (Don); Hawley; Mickelson; Romkema; Sly; Werner; Wismer
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 1217: FOR AN ACT ENTITLED, An Act to revise and expand certain provisions
related to organ and tissue donation.
Was read the second time.
The question being "Shall HB 1217 pass as amended?"
And the roll being called:
Yeas 59, Nays 1, Excused 10, Absent 0
Nays:
Kaiser
Excused:
Bolin; Carson; Dryden; Haggar (Don); Hawley; Mickelson; Romkema; Sly; Werner; Wismer
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.
Rep. Dryden moved that HB 1191 be placed to follow HB 1228 on today's calendar.
Which motion prevailed.
HB 1194: FOR AN ACT ENTITLED, An Act to revise the period during which fireworks
may be discharged.
Was read the second time.
The question being "Shall HB 1194 pass as amended?"
And the roll being called:
Yeas 59, Nays 1, Excused 10, Absent 0
Yeas:
Bartling; Cammack; Campbell; Conzet; Craig; Cronin; Duvall; Ecklund; Erickson; Feickert;
Feinstein; Gibson; Greenfield; Haggar (Jenna); Hajek; Hansen; Hawks; Heinemann (Leslie);
Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell;
Lust; Magstadt; May; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten
(Herman); Parsley; Peterson; Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schaefer;
Schoenfish; Schrempp; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Westra; Wick;
Wink; Speaker Gosch
Nays:
Verchio
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 1234: FOR AN ACT ENTITLED, An Act to provide a limited exception to the
provisions that exempt sport shooting ranges from the public nuisance laws.
Was read the second time.
The question being "Shall HB 1234 pass as amended?"
And the roll being called:
Yeas 67, Nays 3, 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; 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:
Kaiser; May; Nelson
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.
Rep. Lust moved that HB 1136 and 1137 be placed to follow HB 1204 on today's calendar.
Which motion prevailed.
Speaker Pro tempore Wink now presiding.
HB 1250: FOR AN ACT ENTITLED, An Act to honor veterans as certain persons who
performed service in reserve components.
Was read the second time.
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 1228: FOR AN ACT ENTITLED, An Act to give producers priority to recover on a
bond seized by the state from a public grain warehouse or grain buyer.
Was read the second time.
The question being "Shall HB 1228 pass as amended?"
And the roll being called:
Yeas 18, Nays 52, Excused 0, Absent 0
Nays:
Bolin; Cammack; Campbell; Carson; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson;
Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Heinemann (Leslie);
Hickey; Hoffman; Johns; Kaiser; Kopp; Latterell; Lust; Magstadt; Mickelson; Miller;
Munsterman; Novstrup (David); Otten (Herman); Parsley; Peterson; Qualm; Rasmussen;
Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Solum; Stalzer; Steele; Stevens;
Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Speaker Gosch
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1191: FOR AN ACT ENTITLED, An Act to provide for the issuance of additional
retail fireworks licenses.
Was read the second time.
The question being "Shall HB 1191 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; 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; Werner; Westra; Wick;
Wink; Wismer; Speaker Gosch
Nays:
Verchio
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.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 10, 11, 189, and 190 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 1060 and returns the same with the recommendation that said bill be amended as follows:
" Appropriations, Other Funds, delete "$35,000" and insert "$256,534".
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1184 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1183 which was deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that HB 1097 was delivered
to his Excellency, the Governor, for his approval at 9:15 a.m., February 19, 2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1034 and finds the same correctly enrolled.
There being no objection, the House proceeded to Order of Business No. 9.
Rep. Lust moved that the reports of the Standing Committees on
Taxation on HB 1143 as found on page 431 of the House Journal; also
Appropriations on HB 1060 as found on page 443 of the House Journal; also
Appropriations on HB 1184 as found on page 444 of the House Journal be adopted.
Which motion prevailed.
The Speaker publicly read the title to
HB 1023: FOR AN ACT ENTITLED, An Act to revise certain rules relating to the
Department of Human Services Medicaid waiver programs.
HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
procedure for setting petroleum examination and testing specifications and methods.
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.
SB 8: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority and the Board of Regents to finance, design, construct, furnish, and equip a sports
performance enhancement facility arena and a new outdoor track and soccer complex at the
University of South Dakota and to make an appropriation therefor.
SB 9: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept the donation of land from the University of South Dakota Foundation for the use and benefit of the University of South Dakota.
SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
health and educational facilities authority.
And signed the same in the presence of the House.
HC 1021 Introduced by: Representatives Schoenfish, Bartling, Bolin, Cammack, Cronin,
Feickert, Feinstein, Gibson, Hansen, Hawks, Hawley, Heinert, Hoffman, Hunhoff (Bernie),
Killer, Kirschman, Mickelson, Munsterman, Nelson, Parsley, Peterson, Rasmussen, Ring,
Rozum, Russell, Schrempp, Soli, Stalzer, Steele, Tyler, and Wismer and Senators Jones,
Bradford, Brown, Buhl, Frerichs, Hunhoff (Jean), Kirkeby, Lucas, Maher, Monroe, Otten
(Ernie), Sutton, Tieszen, Vehle, and Welke
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:36 p.m. the House adjourned.