The prayer was offered by the Chaplain, Pastor Susan Carr, followed by the Pledge of
Allegiance led by House page Devin Kurtz.
Roll Call: All members present except Reps. Heinert, Munsterman, and Schrempp 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 twenty-seventh 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 Appropriations respectfully reports that it has had under consideration
SB 31 and returns the same with the recommendation that said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 83 and 89 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 56 and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 34 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
SB 110 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
SB 194 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 14
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration SB 71
and returns the same with the recommendation that said bill be amended as follows:
" Section 2. That § 13-48-37 be amended to read as follows:
13-48-37. The secretary shall issue a certificate of authorization to provide postsecondary
education to any postsecondary institution named in § 13-48-36. The secretary also may issue
a certificate of authorization to provide postsecondary education to any other postsecondary
institution to provide educational programs at physical locations in this state if the
postsecondary institution:
I have the honor to return herewith HB 1001, 1002, 1003, 1004, 1011, 1035, 1039, 1067,
1069, 1070, 1071, 1072, 1073, 1076, 1078, 1084, 1099, 1107, 1117, and 1153 which have
passed the Senate without change.
I have the honor to return herewith HB 1074, 1091, and 1127 which have been amended
by the Senate and your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and
your concurrence is respectfully requested.
SCR 2: A CONCURRENT RESOLUTION, Expressing support for civic education in the
public schools in South Dakota, and recognizing March 6, 2013, as Civic Education Day at the
State Capitol.
The question being on Rep. Hoffman's motion that SCR 2 be concurred in.
And the roll being called:
Yeas 67, Nays 0, Excused 3, 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); Hickey; Hoffman; Hunhoff (Bernie);
Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller;
Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum;
Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer;
Speaker Gosch
Excused:
Heinert; Munsterman; Schrempp
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 2 was concurred in.
HCR 1009 Introduced by: Representative Heinemann (Leslie) and Senator Heineman
(Phyllis)
Was read the first time and the Speaker waived the committee referral.
HCR 1010 Introduced by: Representative Bolin and Senators Otten (Ernie) and Lucas
Was read the first time and the Speaker waived the committee referral.
HCR 1011 Introduced by: Representatives Rasmussen, Bartling, Bolin, Cammack,
Campbell, Carson, Conzet, Craig, Cronin, Dryden, Duvall, Ecklund, Erickson, Feickert, Gibson,
Gosch, Greenfield, Haggar (Don), Haggar (Jenna), Hajek, Hansen, Hawks, Hawley, Heinemann
(Leslie), Heinert, Hickey, Hoffman, Hunhoff (Bernie), Johns, Kirschman, Kopp, Latterell, Lust,
Magstadt, May, Mickelson, Miller, Munsterman, Nelson, Novstrup (David), Olson (Betty),
Otten (Herman), Peterson, Qualm, Ring, Romkema, Rounds, Rozum, Russell, Schaefer,
Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Steele, Stevens, Tulson, Tyler, Verchio,
Werner, Westra, Wink, and Wismer and Senators Adelstein, Begalka, Bradford, Ewing,
Frerichs, Jensen, Johnston, Jones, Kirkeby, Lederman, Maher, Novstrup (Al), Omdahl,
Rampelberg, Rave, Sutton, and Welke
WHEREAS, nationwide twenty-five percent of bicycle deaths occurred between 9:00 p.m.
and 6:00 a.m. and another twenty-two percent occurred between 6:00 p.m. and 9:00 p.m.; and
Was read the first time and the Speaker waived the committee referral.
HR 1002 Introduced by: Representatives Nelson, Bartling, Bolin, Cammack, Campbell,
Ecklund, Feickert, Feinstein, Gibson, Greenfield, Haggar (Jenna), Hajek, Hawks, Hawley,
Heinemann (Leslie), Hickey, Hoffman, Hunhoff (Bernie), Kaiser, Killer, Kopp, Magstadt, May,
Miller, Olson (Betty), Otten (Herman), Qualm, Rasmussen, Ring, Rounds, Russell, Schoenfish,
Schrempp, Soli, Stalzer, Steele, Tulson, Tyler, Verchio, and Wick
A RESOLUTION, Urging the South Dakota Department of Veterans Affairs to be proactive in
facilitating the development of a South Dakota Veterans cemetery in eastern South Dakota and
in working with the South Dakota Department of Human Resources to ensure that South Dakota
veterans are afforded state employment opportunities.
Was read the first time and the Speaker waived the committee referral.
SCR 3: A CONCURRENT RESOLUTION, Urging the members of the South Dakota
Congressional delegation to sponsor and support legislation granting states the authority to
require sellers, regardless of nexus, to collect sales and use taxes if certain tax simplification and
streamlining thresholds are met by the states.
Was read the first time and the Speaker waived the committee referral.
Rep. Lust moved that the report of the Standing Committee on
Agriculture and Natural Resources on SB 1 as found on page 476 of the House Journal be
adopted.
Which motion prevailed.
SB 121: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
Commission on Intergovernmental Cooperation.
Was read the second time.
And the roll being called:
Yeas 67, Nays 0, Excused 3, 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); Hickey; Hoffman; Hunhoff (Bernie);
Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller;
Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum;
Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer;
Speaker Gosch
Excused:
Heinert; Munsterman; Schrempp
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 1214: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn
children.
Having had its second reading was up for consideration and final passage.
" Section 8. The department shall report at least annually to the Legislature on the cost to the
state of South Dakota on any waivers or state plan amendments to either expand eligibility or
services under Title XXI or Title XIX of the federal Social Security Act entered into after
January 1, 2013. Such report shall also include whether such expanded eligibility or services
could be reduced or additional costs placed upon the beneficiaries of such expanded program
or services under Title XXI or Title XIX of the federal Social Security Act under current or
pending federal law.".
" Section 8. For the purposes of this Act, the term, prenatal medical services, does not include
an abortion unless the abortion is necessitated by a medical emergency as defined in subdivision
34-23A-1(5).".
" Section 8. There is hereby appropriated from the general fund the sum of two hundred forty-one thousand seven hundred seventy-seven dollars ($241,777), or so much thereof as may be
necessary, and two hundred eighty-six thousand one hundred nineteen dollars ($286,119), or so
much as may be necessary of federal fund expenditure authority to the Department of Social
Services for the purpose of establishing the pilot program in this Act.
Section 9. The secretary of the Department of Social Services shall approve vouchers and
the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 10. Any amounts appropriated in this Act not lawfully expended or obligated shall
revert in accordance with the procedures prescribed in chapter 4-8.".
A roll call vote was requested and supported.
The question being on Rep. Russell's motion that HB 1214 be further amended.
And the roll being called:
Yeas:
Campbell; Carson; Duvall; Feickert; Greenfield; Haggar (Don); Haggar (Jenna); Kaiser; Kopp;
Latterell; May; Mickelson; Miller; Nelson; Olson (Betty); Otten (Herman); Qualm; Rozum;
Russell; Stalzer; Tulson; Verchio; Werner; Westra
Nays:
Bartling; Bolin; Cammack; Conzet; Craig; Cronin; Dryden; Ecklund; Erickson; Feinstein;
Gibson; Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Hickey; Hoffman; Hunhoff
(Bernie); Johns; Killer; Kirschman; Lust; Magstadt; Novstrup (David); Parsley; Peterson;
Rasmussen; Ring; Romkema; Rounds; Schaefer; Schoenfish; Sly; Soli; Solum; Steele; Stevens;
Tyler; Wick; Wink; Wismer; Speaker Gosch
Excused:
Heinert; Munsterman; Schrempp
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
" Section 8. The department shall report the name and address of any illegal immigrant who
applies for services pursuant to this Act to Immigration and Customs Enforcement.".
Rep. Lust moved the previous question.
Which motion prevailed.
The question being "Shall HB 1214 pass as amended?"
And the roll being called:
Yeas 39, Nays 28, Excused 3, Absent 0
Nays:
Cammack; Campbell; Carson; Conzet; Duvall; Feickert; Greenfield; Haggar (Don); Haggar
(Jenna); Kaiser; Kopp; Latterell; May; Mickelson; Olson (Betty); Otten (Herman); Qualm;
Rounds; Rozum; Russell; Schaefer; Solum; Stalzer; Tulson; Verchio; Werner; Westra; Speaker
Gosch
Excused:
Heinert; Munsterman; Schrempp
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 the balance of the calendar including SB 86, 156, 68, 88, 145, 96,
22, 29, 30, 239, 69, 103, 118, 10, 11, 189, 190, 151, 158, 3, 4, 33, 35, 36, 80, 5, 39, 139, 168,
181, 17, 205, and 166 be deferred to Monday, February 25, the 29th legislative day.
Which motion prevailed.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Judiciary respectfully reports that it has had under consideration SB 43
and 120 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 147
and returns the same with the recommendation that said bill be amended as follows:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 119 and returns the same with the recommendation that said bill do pass.
The Committee on Legislative Procedure respectfully reports that HB 1086, 1106, and
1140 were delivered to his Excellency, the Governor, for his approval at 10:25 a.m., February
22, 2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1001, 1002, 1003, 1004, 1011, 1035, 1039, 1067,
1069, 1070, 1071, 1072, 1073, 1076, 1078, 1084, 1099, 1107, 1117, and 1153 and finds the
same correctly enrolled.
The Speaker publicly read the title to
HB 1001: FOR AN ACT ENTITLED, An Act to require mineral developers to give notice
to surface owners before entering the land.
HB 1002: FOR AN ACT ENTITLED, An Act to provide for the creation of a trust account
for unlocatable mineral interest owners.
HB 1003: FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture
mediation program.
HB 1004: FOR AN ACT ENTITLED, An Act to provide for the award of treble damages
in certain surface depredation cases.
HB 1011: FOR AN ACT ENTITLED, An Act to authorize the Board of Hearing Aid
Dispensers and Audiologists to establish a thirty day trial period for the sale of hearing aids.
HB 1035: FOR AN ACT ENTITLED, An Act to allow electronic submission and record
keeping of placed in service reports.
HB 1039: FOR AN ACT ENTITLED, An Act to clarify the gross receipts subject to
taxation by the retail sales and service tax, the gross receipts tax on visitor related businesses,
the municipal non-ad valorem tax, and the municipal gross receipts tax.
HB 1067: FOR AN ACT ENTITLED, An Act to designate POW/MIA Recognition Day
as a working holiday.
HB 1069: FOR AN ACT ENTITLED, An Act to increase the administrative assessment
fee for the guarantee fund.
HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
failure to fulfill the responsibilities of jury duty.
HB 1071: FOR AN ACT ENTITLED, An Act to revise the contents of the application for
the discharge of a civil judgment debt discharged in bankruptcy.
HB 1072: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing a
criminal penalty for a political party to endorse or nominate a judicial candidate.
HB 1073: FOR AN ACT ENTITLED, An Act to establish a procedure for the
determination of the competency of a juvenile to proceed in a juvenile court matter.
HB 1076: FOR AN ACT ENTITLED, An Act to repeal the requirement to separately publish certain information concerning county poor relief from the minutes of the county commissions.
HB 1084: FOR AN ACT ENTITLED, An Act to designate Purple Heart Recognition Day
as a working holiday.
HB 1099: FOR AN ACT ENTITLED, An Act to authorize municipalities to pay for certain
services in advance.
HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
drainage utility fees in municipalities.
Journal correction: See page 539 of the House Journal.
HB 1153: FOR AN ACT ENTITLED, An Act to exempt certain environmental upgrade
values from assessment during construction and to provide a sunset clause for the environmental
upgrade exemption.
And signed the same in the presence of the House.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
1:43 p.m. the House adjourned.