House of Representatives Journal 1/14/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 14, 2010

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

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Amanda Horn and Mary Isaacson.

Roll Call: All members present except Rep. Deadrick who was 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 second 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,

Timothy A. Rave, Chair

Which motion prevailed.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to fixing compensation for the elective and appointive officers and members of the Eighty-fifth Legislative Session.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Eighty-fifth Legislative Session.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to securing chaplains for the Eighty-fifth Legislative Session.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for the distribution of the official directory, Senate and House journals and bills, and other legislative printing for the two houses and the state offices.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the House and Senate.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging legislative days for members, officers, and employees of the House and Senate.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1002 Introduced by: Representatives Verchio, Brunner, Jensen, Kirkeby, Kopp, Olson (Betty), and Sly and Senators Schmidt, Maher, and Rhoden

A CONCURRENT RESOLUTION, Requesting federal natural resource agencies to refrain from designating wilderness or roadless areas in South Dakota without Legislative approval.

WHEREAS, Congress passed the Wilderness Act of 1964 "to establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes"; and

WHEREAS, under the Wilderness Act of 1964 and subsequent federal legislation, many areas across the nation have been designated as "wilderness areas" or "roadless areas"; and

WHEREAS, the effect of the designation of wilderness or roadless areas in many cases is to hinder or preclude the ability of South Dakota citizens to develop and use the natural resources of this state in a fair and equitable manner; and

WHEREAS, many of our rural economies depend on a combination of multiple uses of our public lands, such as agriculture, grazing, timber production, and mineral development, as well as motorized and mechanized recreation, all of which may be prohibited or seriously inhibited by a wilderness or roadless designation; and

WHEREAS, wilderness and roadless designations may limit the land management options available to public land managers to protect forest health and dependent watersheds and other public lands; and

WHEREAS, land and resource conservation decisions must consider the relationship between the land and the local economy, because many jobs are tied to activities on public lands such as mining, agriculture, and tourism; and

WHEREAS, programs for the designation of wilderness or roadless areas in South Dakota must be based upon the principles of balance, stewardship, and collaboration of all affected parties; and

WHEREAS, the South Dakota Legislature finds that a regional strategy involving all affected parties is the preferred approach to the designation of wilderness and roadless areas:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature requests the United States Department of the Interior, the United States Department of Agriculture, the Bureau of Land Management, the United States Forest Service, and other federal natural resource and land management agencies to structure their policies so that no area in South Dakota may be designated as a wilderness or roadless area unless the designation has been approved by a two-thirds majority in each house of the South Dakota Legislature.

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

HCR 1003 Introduced by: Representatives Verchio, Brunner, Jensen, Kirkeby, Kopp, Olson (Betty), and Sly and Senators Schmidt, Maher, and Rhoden

A CONCURRENT RESOLUTION, Supporting the reintroduction of horse slaughter and processing operations in the United States.

WHEREAS, in recent years, the slaughter and processing of horses has become a controversial and emotional issue which has resulted in the closing of the last horse processing and slaughter facility in the United States; and

WHEREAS, thousands of unwanted horses annually are exposed to abandonment and neglect because of the cessation of horse slaughter in the United States. The nation's inadequate and overburdened horse rescue and adoption facilities cannot begin to handle the influx of additional unwanted and abandoned horses each year that result from the cessation of equine slaughter, processing, and transport activity. In addition, the current economic downturn has added significantly to the problem of abandoned and neglected horses; and

WHEREAS, the South Dakota Legislature in 2009 overwhelmingly adopted SCR 2, Urging the Reinstatement and Funding of a Federal Inspection Program Governing Horse Slaughter and Euthanasia Facilities, and SCR 10, Supporting Legislative Efforts in Other States Addressing the Need to Provide for Equine Slaughter and Processing in the United States; and

WHEREAS, in 2009 a number of states, including Arkansas, Arizona, Idaho, Illinois, Kansas, Minnesota, Missouri, Montana, North Dakota, Tennessee, Utah, and Wyoming, introduced a variety of bills and resolutions opposing efforts to restrict the market, transport, processing, or export of horses; recognizing the need for humane horse processing facilities in the United States; and supporting state efforts to establish facilities in the United States; and

WHEREAS, in 2008 and 2009, such diverse organizations as the Midwestern Legislative Conference of the Council of State Governments, the National Conference of State Legislatures, and the National Congress of American Indians adopted resolutions and policy in support of horse processing and related activities in the United States; and

WHEREAS, there is a critical need for humane horse processing facilities in the United States to reduce the suffering inflicted on unwanted and abandoned horses and to meet overseas export markets for horsemeat in a humane manner:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the Congress and the United States Department of Agriculture to reinstate and fully fund USDA's inspection program for horse euthanasia and horse slaughter facilities and to enact legislation to facilitate the resumption of equine processing and slaughter in the United States.

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

Rep. Faehn moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, January 15, the 4^th legislative day.

Which motion prevailed.

Rep. Faehn moved that the temporary House rules of the Eighty-fifth Legislative Session be made the permanent House rules of the Eight-fifth Legislative Session.

Rep. Iron Cloud III moved as a substitute motion that the temporary House rules be amended as follows and be made the permanent House rules:

H3-1. Appointment of standing committees. The speaker of the House of Representatives shall, with advice from the minority leader, appoint the members of the following standing committees with the number of members as indicated after each committee and shall appoint the chair and vice chair of each committee:

     1. Agriculture and Natural Resources (13)
     2. Appropriations (9)
     3. Commerce (13)
     4. Education (15)
     5. Government Operations and Audit (5)
     6. Health and Human Services (13)
     7. Judiciary (13)
     8. Legislative Procedure (7)
     9. Local Government (13)
    10. Retirement Laws (5)
    11. State Affairs (13)
    12. State-Tribal Relations (9)
    ~~12.~~13. Taxation (15)
    ~~13.~~14. Transportation (13)

In the absence of the committee chair, the vice chair shall act as chair. The speaker and speaker pro tempore are members of the legislative procedure committee, and the speaker shall serve as chair of the legislative procedure committee.

The question being on Rep. Iron Cloud III's substitute motion that the temporary House rules be amended and be made the permanent House rules.

And the roll being called:

Yeas 24, Nays 45, Excused 1, Absent 0

Yeas:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Deadrick

So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

The question being on Rep. Faehn's motion that the temporary House rules of the Eighty-fifth Legislative Session be made the permanent House rules of the Eight-fifth Legislative Session.

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Engels; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Elliott; Gibson; Killer; Schrempp; Solberg; Thompson

Excused:
Deadrick; Faehn

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

Rep. Noem moved that the report of the Joint-Select Committee relative to the joint rules for the Eighty-fifth Legislative Session as found on page 34 of the House Journal be adopted.

The question being on Rep. Noem's motion that the report of the Joint-Select Committee on joint rules be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Deadrick; Faehn

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

Rep. Gosch moved that the report of the Joint-Select Committee relative to legislative printing and distribution of bills and journals for the Eighty-fifth Legislative Session as found on pages 34 to 36 of the House Journal be adopted.

Which motion prevailed.

Rep. Noem moved that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees for the Eighty-fifth Legislative Session as found on pages 36 and 37 of the House Journal be adopted.

The question being on Rep. Noem's motion that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees be adopted.
And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Elliott; Thompson

Excused:
Deadrick; Faehn

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

Rep. Boomgarden moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Eighty-fifth Legislative Session as found on page 37 of the House Journal be adopted.

Which motion prevailed.

Rep. Hunt moved that the report of the Joint-Select Committee relative to the arrangements for a memorial service for the Eighty-fifth Legislative Session as found on page 37 of the House Journal be adopted.

Which motion prevailed.

Rep. Hunt moved that the report of the Joint-Select Committee relative to the selection of chaplains for the Eighty-fifth Legislative Session as found on page 38 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1066 Introduced by: Representatives Verchio, Brunner, Jensen, Olson (Betty), and Schrempp and Senators Schmidt, Maher, and Rhoden

FOR AN ACT ENTITLED, An Act to provide for the issuance of landowner-sponsored big game hunting licenses.

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

HB 1067 Introduced by: Representatives Verchio, Brunner, Jensen, Kirkeby, Kopp, and Olson (Betty) and Senators Schmidt, Maher, and Rhoden

FOR AN ACT ENTITLED, An Act to restrict the entry of conservation officers onto certain private land without permission.

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

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

Karen Gerdes, Chief Clerk