House of Representatives Journal 1/28/2013 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-EIGHTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 28, 2013

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

The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House pages Jordan Johnson and Jacob Thomas.

Roll Call: All members present except Reps. Peterson and Schrempp 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 twelfth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1170 and returns the same with the recommendation that said bill be amended as follows:

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

" Section1. That § 12-6-51.1 be amended to read as follows:

12-6-51.1. If no candidate for United States Senate, United States House of Representatives, or Governor in a race involving three or more candidates receives thirty-five percent of the votes of the candidate's party, a secondary election shall be held ~~three~~ ten weeks from the date of the first primary election. At the secondary election the only persons voted for shall be the two candidates receiving the highest number of votes at the first election. However, if there is a tie for second place in the first primary election and there is no tie for first place, all tying second place candidates shall be placed along with the first place candidate on the ballot for the secondary election. The secondary election shall be held at the same polling places, be conducted, returned, and canvassed and the results declared in the same manner as the first election. However, if the secondary election does not have a federal race, the electronic ballot marking system is not required and hand-counted ballots may be used. The person receiving the highest number of votes at the secondary election is nominated as the candidate for the party. "

On page 1, line 1, of the printed bill, delete "repeal the requirement" and insert "revise certain provisions".

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 1180 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, delete everything after "Section 1." and insert "Notwithstanding any other law, any professional or occupational board or commission established under Title 36 may credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a license issued by the board or commission. The board or commission".

On page 1, line 5, delete "under Title 36".

And that as so amended said bill do pass.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1119 and 1133 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jacqueline Sly, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1035 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 Commerce and Energy respectfully reports that it has had under consideration HB 1052 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 3, of the printed bill, delete everything after "(7)" and insert "Information regarding administrative actions, criminal convictions, or guilty pleas.

The director may request additional information if the information provided pursuant to this section is inaccurate, incomplete, or unclear. If an applicant fails to provide the requested information within thirty days of the receipt of the any written request pursuant to subdivisions (1) to (7), inclusive, it is grounds for denial of an application.".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1129 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1130 and SB 38 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 HB 1150 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, delete "§ 25-10-23 or" and insert "§ 25-10-25 or".

On page 1, line 7, after "pursuant to" insert "§ 25-10-23 or".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1163 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13, of the printed bill, remove the overstrikes from "~~; and~~".

On page 1, delete line 14, and insert:

(3) Return ~~the~~ a copy to the person who filed it or ~~his~~ the person's representative.".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1131 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Brian G. Gosch, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 14, 32, 57, 75, 83, 89, and 110 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Jeannette Schipper, Secretary

MOTIONS AND RESOLUTIONS

HR 1001 Introduced by: Representatives Wink, Bartling, Bolin, Cammack, Campbell, Cronin, Gosch, Greenfield, Haggar (Jenna), Hansen, Heinert, Hickey, Hoffman, Kaiser, Kopp, Latterell, May, Mickelson, Munsterman, Olson (Betty), Otten (Herman), Qualm, Romkema, Rozum, Schaefer, Schoenfish, Schrempp, Solum, Tulson, Verchio, Westra, and Wick

A RESOLUTION, Endorsing the induction of Tom C. Miller into the PRCA Rodeo Hall of Fame.

WHEREAS, South Dakota has dominated the sport of professional saddle bronc riding since its inception from the first great champion, Earl Thode, through the incomparable Casey Tibbs, to the charismatic Etbauer brothers, and on to the current generation well represented by Jeff Willert, Jesse Bail, and Chad Ferly; and

WHEREAS, in all that proud tradition no name shines brighter and no personality rings truer than the character and integrity personified by Tom C. Miller; and

WHEREAS, Tom is a true son of the South Dakota prairie and the lonesome grasslands of rural Meade County; and

WHEREAS, Tom was the trail boss of a rowdy, but successful Black Hills State College team that deadsolid dominated national collegiate rodeo competition in the early seventies; and

WHEREAS, Tom was the perpetual and unchallenged all-around collegiate cowboy working both ends of the area with equal facility and often outscoring, by himself, most of the other teams entered at a competition; and

WHEREAS, Tom possessed the consummate athleticism and determination to excel in all three roughstock events and could have professionally pursued any of the three with extraordinary success; and

WHEREAS, Tom, nevertheless, chose to concentrate his career on saddle bronc riding with such singular consistency that he qualified for the National Finals Rodeo six times and won the average against the best in the world an incredible three times; and

WHEREAS, like the legendarily talented Phil Lyne, there is no telling what an impact Tom might have had on rodeo's record book if he had not always put family and ranch first and kept the grind of the rodeo circuit in perspective; and

WHEREAS, Tom never refused to encourage and coach less talented aspirants, to maintain a calm and restrained demeanor in the midst of the chaos behind the chutes, and to refrain from any rowdy behaviors of the kind that might have been detrimental to the best image of the sport; and

WHEREAS, the Selection Committee of the Pro Rodeo Hall of Fame, through their nomination of Tom, has the opportunity to honor one of the most talented and deserving bronc riders that ever measured a bronc rein or nodded for a gate; and

WHEREAS, Tom's induction would also honor a high plains ranch lifestyle and a set of solid values that, growing from the South Dakota sod, are as relevant today to a life well lived as at any time in the history of our nation:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-Eighth Legislature of the State of South Dakota, that the House of Representatives of the Legislature of the State of South Dakota heartily and without reservation endorses the induction of Tom C. Miller into the PRCA Hall of Fame.

Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the reports of the Standing Committees on

State Affairs on HB 1030 as found on page 178 of the House Journal; also

State Affairs on HB 1113 as found on page 179 of the House Journal; also

Education on HB 1087 as found on page 180 of the House Journal; also

Judiciary on HB 1073 as found on page 183 of the House Journal; also

Judiciary on HB 1096 as found on page 183 of the House Journal; also

Judiciary on HB 1106 as found on page 184 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1203 Introduced by: Representatives Bolin, Campbell, Craig, Greenfield, Haggar (Don), Haggar (Jenna), Hansen, Hickey, Kopp, Latterell, Miller, Nelson, Olson (Betty), Rasmussen, Schaefer, Stalzer, Steele, and Verchio and Senators Begalka, Jensen, Omdahl, and Otten (Ernie)

FOR AN ACT ENTITLED, An Act to allow nonpublic schools to obtain state accreditation without adhering to any Common Core standards.

Was read the first time and referred to the Committee on Education.

HB 1204 Introduced by: Representatives Bolin, Campbell, Craig, Greenfield, Haggar (Don), Hickey, Kopp, Latterell, Miller, Nelson, Olson (Betty), Rasmussen, Schaefer, Stalzer, Steele, and Verchio and Senators Begalka, Jensen, Omdahl, and Otten (Ernie)

FOR AN ACT ENTITLED, An Act to require the Board of Education to obtain legislative approval before adopting any further Common Core standards, and to repeal a provision requiring the board to conduct certain public hearings.

Was read the first time and referred to the Committee on Education.

HB 1205 Introduced by: Representatives Hunhoff (Bernie) and Bartling and Senators Frerichs and Sutton

FOR AN ACT ENTITLED, An Act to expand Medicaid.

Was read the first time and referred to the Committee on State Affairs.

HB 1206 Introduced by: Representative Rounds and Senator Kirkeby

FOR AN ACT ENTITLED, An Act to improve elections.

Was read the first time and referred to the Committee on Judiciary.

HB 1207 Introduced by: Representatives Hawks, Feickert, Feinstein, and Nelson and Senator Frerichs

FOR AN ACT ENTITLED, An Act to provide for net metering for certain renewable energy systems.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1208 Introduced by: Representatives Mickelson, Carson, Conzet, Craig, Cronin, Duvall, Erickson, Haggar (Don), Hajek, Hansen, Miller, Otten (Herman), Westra, Wick, and Wink and Senators White, Heineman (Phyllis), Krebs, Rhoden, Tidemann, and Vehle

FOR AN ACT ENTITLED, An Act to prohibit the unlawful release of medical waste and to provide a penalty therfor.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1209 Introduced by: Representatives Conzet, Cronin, Gosch, Lust, Magstadt, Mickelson, Miller, Sly, Werner, Wick, and Wink and Senators Krebs, Brown, and Vehle

FOR AN ACT ENTITLED, An Act to prohibit certain persons who fail to pay certain campaign finance related penalties from running for office.

Was read the first time and referred to the Committee on State Affairs.

HB 1210 Introduced by: Representatives Killer, Bartling, Ecklund, Feickert, Gibson, Heinert, Hunhoff (Bernie), Kirschman, May, Munsterman, Olson (Betty), Qualm, Rounds, Schaefer, Schrempp, Soli, Verchio, Wink, and Wismer and Senators Bradford, Adelstein, Frerichs, Kirkeby, Krebs, Lucas, Maher, Olson (Russell), and Tieszen

FOR AN ACT ENTITLED, An Act to restrict state involvement in certain tribal aspects of the federal Patient Protection and Affordable Care Act.

Was read the first time and referred to the Committee on State Affairs.

HB 1211 Introduced by: Representatives Killer, Bartling, Feickert, Gibson, Heinert, Hunhoff (Bernie), Kirschman, May, Munsterman, Rounds, Schrempp, Soli, and Wismer and Senators Bradford, Frerichs, Krebs, Lucas, and Maher

FOR AN ACT ENTITLED, An Act to provide for an Indian Child Welfare Act court monitoring program.

Was read the first time and referred to the Committee on Judiciary.

HB 1212 Introduced by: Representatives Novstrup (David), Conzet, Cronin, Gosch, Lust, and Solum and Senators Rhoden, Frerichs, Maher, Peters, Rave, and Tidemann

FOR AN ACT ENTITLED, An Act to increase the expense allowances of legislators.

Was read the first time and referred to the Committee on State Affairs.

HB 1213 Introduced by: Representatives Hoffman, Cronin, Greenfield, and Novstrup (David) and Senators Brown, Kirkeby, Peters, Soholt, Tidemann, and Welke

FOR AN ACT ENTITLED, An Act to provide a reduced amount of state aid to education funding to certain school districts with a fall enrollment of less than one hundred.

Was read the first time and referred to the Committee on Education.

HB 1214 Introduced by: Representatives Hunhoff (Bernie), Bartling, Craig, Cronin, Feickert, Feinstein, Greenfield, Hajek, Hansen, Hawks, Hickey, Kirschman, Nelson, Olson (Betty), Steele, and Wick and Senators Adelstein, Bradford, Kirkeby, Maher, Soholt, Sutton, and Welke

FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.

Was read the first time and referred to the Committee on State Affairs.

HB 1215 Introduced by: Representatives Steele, Conzet, Craig, Cronin, Dryden, Ecklund, Feickert, Gosch, Greenfield, Haggar (Don), Hickey, Hoffman, Hunhoff (Bernie), Kaiser, Kirschman, Kopp, Lust, Magstadt, Miller, Nelson, Olson (Betty), Qualm, Schrempp, Solum, Stalzer, Stevens, Westra, and Wick and Senators Brown, Begalka, Frerichs, Jensen, Johnston, Krebs, Lederman, Novstrup (Al), Olson (Russell), Omdahl, Otten (Ernie), Rave, Sutton, and Tieszen

FOR AN ACT ENTITLED, An Act to limit the authority of delegates to a limited constitutional convention to vote for unauthorized amendments contrary to legislative instructions and to provide a penalty for the violation thereof.

Was read the first time and referred to the Committee on State Affairs.

HB 1216 Introduced by: Representatives Kirschman, Bartling, Bolin, Ecklund, Erickson, Feickert, Hawks, Hawley, Hickey, Hunhoff (Bernie), Killer, Kopp, Magstadt, Otten (Herman), Parsley, Peterson, Ring, Rounds, Russell, Schoenfish, Schrempp, Soli, and Tyler and Senators Maher, Bradford, Frerichs, Krebs, Lucas, Sutton, and Welke

FOR AN ACT ENTITLED, An Act to prohibit computer damage, computer theft, and unauthorized computer access and provide penalties therefor.

Was read the first time and referred to the Committee on Judiciary.

HB 1217 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise and expand certain provisions related to organ and tissue donation.

Was read the first time and referred to the Committee on State Affairs.

HB 1218 Introduced by: Representatives Lust, Cronin, Dryden, Erickson, Feinstein, Hajek, Hunhoff (Bernie), Latterell, Mickelson, Munsterman, Novstrup (David), Otten (Herman), Qualm, Steele, and Westra and Senators Brown, Kirkeby, Olson (Russell), Rave, and Tieszen

FOR AN ACT ENTITLED, An Act to exempt from sales and use taxes certain computer equipment and software purchased for use in data centers.

Was read the first time and referred to the Committee on Taxation.

HB 1219 Introduced by: Representatives Hickey, Bolin, Craig, Cronin, Ecklund, Feinstein, Gibson, Gosch, Haggar (Jenna), Hajek, Hawks, Hoffman, Hunhoff (Bernie), Johns, Lust, Mickelson, Munsterman, Schoenfish, Stalzer, Stevens, and Verchio and Senators Kirkeby, Hunhoff (Jean), Jensen, Krebs, Lederman, Lucas, Maher, Otten (Ernie), Soholt, Tidemann, and Van Gerpen

FOR AN ACT ENTITLED, An Act to amend the benefit allowance exempt from levy in bankruptcy cases.

Was read the first time and referred to the Committee on Judiciary.

HB 1220 Introduced by: Representatives Rounds, Cronin, Hoffman, and Russell and Senators Brown and Monroe

FOR AN ACT ENTITLED, An Act to permit the use of golf carts under certain circumstances within state parks or recreation areas.

Was read the first time and referred to the Committee on State Affairs.

HB 1221 Introduced by: Representatives Nelson, Bartling, Bolin, Cammack, Campbell, Carson, Conzet, Craig, Cronin, Dryden, Duvall, Ecklund, Erickson, Feickert, Feinstein, Gibson, Gosch, 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, 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, and Wismer and Senators Van Gerpen, Adelstein, Begalka, Bradford, Brown, Ewing, Frerichs, Heineman (Phyllis), Jensen, Johnston, Jones, Kirkeby, Lederman, Maher, Monroe, Novstrup (Al), Olson (Russell), Omdahl, Otten (Ernie), Rampelberg, Rave, Rhoden, Soholt, Sutton, Tidemann, Vehle, Welke, and White

FOR AN ACT ENTITLED, An Act to provide for the establishment and maintenance of a state veterans and public servants cemetery and memorial park.

Was read the first time and referred to the Committee on State Affairs.

HB 1222 Introduced by: Representatives Nelson, Campbell, Craig, Greenfield, Hickey, Kaiser, Kopp, May, Olson (Betty), Qualm, Russell, Schoenfish, Stalzer, Steele, Verchio, and Wick and Senators Begalka, Ewing, Jensen, Kirkeby, Lederman, Maher, Monroe, and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to provide that any federal law that attempts to ban firearms, to limit the size of firearm magazines, or to impose other limitations on firearms is unenforceable in South Dakota, to provide a penalty, and to declare an emergency.

Was read the first time and referred to the Committee on State Affairs.

HB 1223 Introduced by: Representatives Magstadt, Haggar (Don), Novstrup (David), Otten (Herman), Romkema, and Solum and Senators Lederman and Holien

FOR AN ACT ENTITLED, An Act to establish a task force to study the delivery of services to veterans.

Was read the first time and referred to the Committee on State Affairs.

HB 1224 Introduced by: Representatives Westra, Conzet, Dryden, Duvall, Gosch, Mickelson, Miller, Verchio, and Wick and Senators Lederman, Heineman (Phyllis), Kirkeby, Rave, and Tidemann

FOR AN ACT ENTITLED, An Act to allow municipalities, counties, and school districts to post certain information on the internet in addition to or in lieu of certain publication requirements.

Was read the first time and referred to the Committee on Local Government.

HB 1225 Introduced by: Representative Westra and Senator Rave

FOR AN ACT ENTITLED, An Act to affect contract law.

Was read the first time and referred to the Committee on Judiciary.

HB 1226 Introduced by: Representatives Stevens, Feinstein, Hajek, Hunhoff (Bernie), Johns, Mickelson, Russell, and Schoenfish and Senators Lederman and Van Gerpen

FOR AN ACT ENTITLED, An Act to provide remedies for assets omitted from the division of property in the entry of a divorce decree.

Was read the first time and referred to the Committee on Judiciary.

HB 1227 Introduced by: Representatives Kaiser, May, and Olson (Betty) and Senators Tieszen, Adelstein, Bradford, and Frerichs

FOR AN ACT ENTITLED, An Act to provide for an affirmative defense of medical necessity for certain marijauna offenses.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1228 Introduced by: Representatives Feickert, Feinstein, Hawley, Heinert, Hunhoff (Bernie), Kirschman, Peterson, Schrempp, and Tyler and Senators Lucas and Frerichs

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 first time and referred to the Committee on Agriculture and Natural Resources.

HB 1229 Introduced by: Representatives Feickert, Hunhoff (Bernie), Kirschman, Schrempp, Tyler, and Verchio and Senators Frerichs, Begalka, and Welke

FOR AN ACT ENTITLED, An Act to require municipalities to dedicate a portion of the municipal sales and use tax to support the funding of tax incremental districts.

Was read the first time and referred to the Committee on Taxation.

HB 1230 Introduced by: Representatives May and Greenfield and Senators Monroe and Maher

FOR AN ACT ENTITLED, An Act to provide for the removal of records of a discharged lien from the deed of real property

Was read the first time and referred to the Committee on Local Government.

HB 1231 Introduced by: Representatives Hajek, Erickson, Gibson, Hansen, Hickey, Lust, Magstadt, and Wick and Senators Krebs, Begalka, Kirkeby, and Tieszen

FOR AN ACT ENTITLED, An Act to change the rate and manner of calculation of prejudgment and postjudgment interest.

Was read the first time and referred to the Committee on Judiciary.

HB 1232 Introduced by: Representatives Craig, Campbell, Conzet, Ecklund, Haggar (Jenna), Hajek, Hansen, Heinemann (Leslie), Heinert, Hickey, Hunhoff (Bernie), Johns, Killer, Latterell, Mickelson, Miller, Munsterman, Otten (Herman), Qualm, Rasmussen, Rounds, Schoenfish, Soli, and Tyler and Senators Jensen, Bradford, Omdahl, Otten (Ernie), and Sutton

FOR AN ACT ENTITLED, An Act to differentiate the penalty for hiring another person to engage in sexual activity based on the age of the victim and to provide a penalty therefor.

Was read the first time and referred to the Committee on Judiciary.

HB 1233 Introduced by: Representatives Ecklund, Cammack, Campbell, Craig, Haggar (Jenna), Hansen, Heinemann (Leslie), Heinert, Hickey, Hunhoff (Bernie), Kaiser, Killer, Kirschman, Kopp, Latterell, Nelson, Olson (Betty), Qualm, Rasmussen, Rozum, Schaefer, Stalzer, Steele, and Verchio and Senators Hunhoff (Jean), Begalka, Bradford, Ewing, Jensen, Krebs, Olson (Russell), Omdahl, and Rampelberg

FOR AN ACT ENTITLED, An Act to facilitate the provision of voluntary medical services to the disadvantaged under certain circumstances.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1234 Introduced by: Representatives Ecklund, Bolin, Hansen, Heinemann (Leslie), Hickey, Kopp, Latterell, Miller, Olson (Betty), Rozum, Stalzer, Tulson, and Westra and Senators Rave, Krebs, and Tieszen

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 first time and referred to the Committee on Commerce and Energy.

HB 1235 Introduced by: Representative Hansen and Senator Novstrup (Al)

FOR AN ACT ENTITLED, An Act to revise certain provisions to prohibit the use of public resources to influence the outcome of elections.

Was read the first time and referred to the Committee on Judiciary.

HB 1236 Introduced by: Representatives Hansen, Bolin, Cronin, Ecklund, Gosch, Heinemann (Leslie), Hickey, Kaiser, Latterell, Magstadt, Mickelson, Olson (Betty), Rounds, Sly, and Wick and Senators Novstrup (Al), Brown, Lederman, Olson (Russell), Rave, and Rhoden

FOR AN ACT ENTITLED, An Act to prohibit the recovery of damages in certain wrongful birth and wrongful life civil suits based upon the lost opportunity to terminate the life of an unborn child.

Was read the first time and referred to the Committee on Judiciary.

HB 1237 Introduced by: Representatives Hansen, Bolin, Cronin, Ecklund, Gosch, Heinemann (Leslie), Hickey, Latterell, Magstadt, Mickelson, Olson (Betty), Rounds, Sly, Stevens, and Wick and Senators Heineman (Phyllis), Brown, Lederman, Olson (Russell), and Rave

FOR AN ACT ENTITLED, An Act to revise certain provisions to abortion counseling.

Was read the first time and referred to the Committee on Judiciary.

HB 1238 Introduced by: Representatives Conzet, Craig, Cronin, Ecklund, Erickson, Hickey, Hoffman, Mickelson, Munsterman, Nelson, Olson (Betty), Rozum, Solum, and Wink and Senators Kirkeby, Lederman, and Monroe

FOR AN ACT ENTITLED, An Act to require that health benefit plans provide coverage for MRI and ultrasound screenings for breast cancer in certain instances.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1239 Introduced by: Representatives Schoenfish, Craig, Heinemann (Leslie), Heinert, Hunhoff (Bernie), Johns, Kirschman, Miller, Nelson, Qualm, Stevens, Tulson, and Tyler and Senators Sutton, Begalka, Bradford, Frerichs, and Welke

FOR AN ACT ENTITLED, An Act to authorize school districts to increase certain tax levies for pension and health insurance purposes.

Was read the first time and referred to the Committee on Taxation.

HB 1240 Introduced by: Representatives Hawks, Erickson, Gibson, Hajek, Magstadt, May, Rasmussen, Rozum, Soli, Steele, Tyler, and Wick and Senators Buhl and Frerichs

FOR AN ACT ENTITLED, An Act to provide for the practice of cosmetology services in certain venues outside of a licensed salon.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1241 Introduced by: Representatives Feinstein, Hawks, Hickey, Magstadt, Sly, and Steele and Senators Lederman, Frerichs, Jones, Lucas, and Welke

FOR AN ACT ENTITLED, An Act to require certain food packaging to be labeled if the packaging contains bisphenol A.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1242 Introduced by: Representatives Wick, Craig, Dryden, Erickson, Greenfield, Haggar (Don), Hunhoff (Bernie), Mickelson, Miller, Nelson, Novstrup (David), Otten (Herman), Sly, Stalzer, Steele, Verchio, Werner, Westra, and Wink and Senators Brown, Holien, Jensen, Novstrup (Al), Olson (Russell), Rampelberg, and Van Gerpen

FOR AN ACT ENTITLED, An Act to make application under Article V of the United States Constitution for a Balanced Budget Amendment Convention.

Was read the first time and referred to the Committee on State Affairs.

HB 1243 Introduced by: Representatives Wick, Haggar (Jenna), Kaiser, Kopp, May, Munsterman, Novstrup (David), Stalzer, and Verchio and Senators Novstrup (Al), Brown, Jensen, and Rhoden

FOR AN ACT ENTITLED, An Act to protect employees from certain automatic deductions or transfers for the purpose of funding political contributions.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1244 Introduced by: Representatives Wick, Ecklund, Greenfield, Haggar (Jenna), Kaiser, Nelson, Novstrup (David), and Olson (Betty) and Senators Maher, Lederman, and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to prohibit the Expansion of Medicaid eligibility.

Was read the first time and referred to the Committee on State Affairs.

HB 1245 Introduced by: Representatives Greenfield, Kirschman, Latterell, Olson (Betty), and Tulson and Senators Maher, Monroe, Novstrup (Al), and Welke

FOR AN ACT ENTITLED, An Act to provide civil immunity for school board members in certain situations.

Was read the first time and referred to the Committee on Education.

HB 1246 Introduced by: Representative Greenfield and Senators Monroe, Maher, Novstrup (Al), and Welke

FOR AN ACT ENTITLED, An Act to authorize certain aerial pesticide applicators to apply pesticide on their own property.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1247 Introduced by: Representatives Greenfield and Wick and Senators Monroe and Maher

FOR AN ACT ENTITLED, An Act to make an appropriation to the state aeronautics fund.

Was read the first time and referred to the Committee on Appropriations.

HB 1248 Introduced by: Representatives Latterell, Ecklund, Gosch, Greenfield, Haggar (Don), Haggar (Jenna), Hansen, Heinemann (Leslie), Hickey, Kaiser, Killer, Magstadt, May, Munsterman, Olson (Betty), Otten (Herman), Peterson, Schoenfish, Sly, Soli, and Steele and Senators Omdahl, Bradford, Jensen, Kirkeby, Krebs, Otten (Ernie), and Welke

FOR AN ACT ENTITLED, An Act to allow assisted living centers to accept and retain residents with dementia.

Was read the first time and referred to the Committee on Health and Human Services.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 14: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the automated library system fund.

Was read the first time and referred to the Committee on Education.

SB 32: FOR AN ACT ENTITLED, An Act to revise the provisions under which the Bureau of Administration may enter into contracts for insurance and reinsurance.

Was read the first time and referred to the Committee on State Affairs.

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 first time and referred to the Committee on Transportation.

SB 75: FOR AN ACT ENTITLED, An Act to adopt updated guidelines for the evaluation of permanent impairment in connection with workers' compensation claims.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 83: FOR AN ACT ENTITLED, An Act to designate Welcome Home Vietnam Veterans Day as a working holiday.

Was read the first time and referred to the Committee on State Affairs.

SB 89: FOR AN ACT ENTITLED, An Act to limit the liability of retail dealers in petroleum products under certain conditions.

Was read the first time and referred to the Committee on State Affairs.

SB 110: FOR AN ACT ENTITLED, An Act to provide for the release of certain military records of deceased veterans.

Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Bolin requested that HB 1098 be removed from the Consent Calendar.

Which request was granted.

HB 1082: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the designation of official newspapers for municipalities.

Was read the second time.

The question being "Shall HB 1082 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); 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; 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:
Peterson; 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 1116: FOR AN ACT ENTITLED, An Act to revise the terms and expiration dates of appointees to certain boards and commissions.

Was read the second time.

The question being "Shall HB 1116 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Peterson; 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 1125: FOR AN ACT ENTITLED, An Act to allow perpetual care and maintenance guarantee funds for cemeteries to be administered by cemetery corporations.

Was read the second time.

The question being "Shall HB 1125 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Peterson; 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 1127: FOR AN ACT ENTITLED, An Act to provide for certain use of income and principal from a perpetual care and maintenance guarantee fund for cemeteries.

Was read the second time.

The question being "Shall HB 1127 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Peterson; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1108: FOR AN ACT ENTITLED, An Act to expand the application of certain open meetings provisions to certain committees of public boards.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1108 pass as amended?"

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Campbell; Carson; Conzet; Craig; 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; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch

Nays:
Bartling; Cronin; Kirschman; Parsley; Ring

Excused:
Peterson; 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 1017: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions, bond amounts, fees, and penalties related to the regulation of grain warehouses and grain buyers and to declare an emergency.

Was read the second time.

The question being "Shall HB 1017 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, 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; Lust; Magstadt; May; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; 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

Nays:
Kaiser; Latterell

Excused:
Peterson; Schrempp

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 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding special motor vehicle license plates for veterans with disabilities.

Was read the second time.

The question being "Shall HB 1118 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Peterson; Schrempp

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 1014: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase a structure for use by South Dakota School of Mines and Technology and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1014 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser; Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; Mickelson; Miller; Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; 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

Nays:
Greenfield; May

Excused:
Peterson; Schrempp

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 1115: FOR AN ACT ENTITLED, An Act to clarify the deliberative process exception to certain open records provisions.

Was read the second time.

The question being "Shall HB 1115 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Peterson; 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 HB 1126 be deferred to Wednesday, January 30, the 15^th legislative day.

Which motion prevailed.

HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to an employer's denial of workers' compensation claims.

Was read the second time.

The question being "Shall HB 1097 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Peterson; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that SB 37 and 26 be deferred to Tuesday, January 29, the 14^th 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 1008 and 1009 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., January 28, 2013.

Respectfully submitted,
Brian G. Gosch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

SB 63: FOR AN ACT ENTITLED, An Act to revise certain requirements for certified public accountant firms licensed in South Dakota.

And signed the same in the presence of the House.

HC 1006 Introduced by: Representatives Romkema, Bolin, Cammack, Carson, Dryden, Haggar (Don), Kaiser, Mickelson, Miller, Rozum, Schaefer, Stalzer, Stevens, and Wick and Senators Ewing, Heineman (Phyllis), Tidemann, and Van Gerpen

A LEGISLATIVE COMMEMORATION, Honoring the City of Whitewood, South Dakota, on its one hundred twenty-fifth anniversary as an incorporated city.

WHEREAS, there is evidence the settlement of Whitewood existed in 1876 when General George Crook stopped at Whitewood after the Horsemeat March, and stagecoaches began running through Whitewood to Deadwood, Spearfish, and Belle Fourche. In 1877, Lawrence County, Dakota Territory, was organized and the Whitewood Post Office was established; and

WHEREAS, in 1887, the Fremont, Elkhorn, Missouri Valley Railroad Company made Whitewood the "end of the rail lines" in the Northern Black Hills. In the same year, the Pioneer Townsite Company surveyed and sold residential and business lots in Whitewood; and

WHEREAS, on April 24, 1888, an election was held, and a majority voted "Yes" for incorporation. Later that year, on May 10, a special session of the board was ordered, and the proposed town of Whitewood, Dakota Territory, became incorporated:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the incorporated city of Whitewood, South Dakota, will host a celebration of its one hundred twenty-fifth Anniversary on Friday, June 28, until Sunday, June 30, 2013.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at 2:39 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk