House of Representatives Journal 1/20/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 20, 2010

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

The prayer was offered by the Chaplain, Pastor Jenny Hallenbeck, followed by the Pledge of Allegiance led by House page Sammi Blood.

Roll Call: All members present except Rep. Elliott 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 fifth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1059 and 1061 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 HB 1011 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1024 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 HB 1021 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the printed bill, after "purchase" insert "for special education".

On page 1, after line 10 of the printed bill, insert:

"
Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

On page 1, line 1, of the printed bill, delete everything after "the" and insert "deposit of federal special education funds into the capital outlay fund for the purchase of equipment for the purpose of special education and to declare an emergency.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1005 and 1008 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1017, 1038, and 1040 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1037 and returns the same with the recommendation that said bill be amended as follows:

On page 7 of the printed bill, delete lines 1 to 3, inclusive.

On page 11, delete lines 11 to 24, inclusive.

On page 12, delete lines 1 to 24, inclusive.

On page 13, delete lines 1 to 23, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 39 which has passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1085 Introduced by: Representatives Steele, Bolin, Elliott, Hamiel, Hoffman, Hunhoff (Bernie), Kopp, Lederman, Noem, Olson (Betty), Schlekeway, Solum, Turbiville, Van Gerpen, Vanneman, and Verchio and Senators Abdallah, Gray, Novstrup (Al), and Rhoden

FOR AN ACT ENTITLED, An Act to prohibit certain interaction between children and registered sex offenders at youth activities.

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

HB 1086 Introduced by: Representatives Verchio, Brunner, Jensen, Kirkeby, Olson (Betty), and Sly and Senator Maher

FOR AN ACT ENTITLED, An Act to permit certain municipalities to issue an additional off-sale alcoholic beverage license.

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

HB 1087 Introduced by: Representatives Verchio, Brunner, Jensen, Kopp, and Olson (Betty) and Senators Howie, Maher, and Schmidt

FOR AN ACT ENTITLED, An Act to provide criteria for enacting ordinances or amendments thereto that have a retrospective application and to repeal certain provisions related to the enforcement of ordinances.

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

HB 1088 Introduced by: Representatives Gosch, Brunner, Dennert, Engels, Faehn, Feickert, Hunhoff (Bernie), Hunt, Kirschman, Kopp, Lucas, Lust, Noem, Rausch, Rave, Sly, Steele, and Turbiville and Senators Abdallah, Ahlers, Hanson (Gary), Heidepriem, Hundstad, Hunhoff (Jean), Kloucek, Knudson, Miles, Nelson, Novstrup (Al), Peterson, Rhoden, and Turbak Berry

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the rights of certain new vehicle dealers and to declare an emergency.

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

HB 1089 Introduced by: Representatives Rounds, Fargen, Krebs, Nygaard, and Pitts and Senators Nelson, Nesselhuf, Olson (Russell), and Turbak Berry

FOR AN ACT ENTITLED, An Act to clarify permissible insurance policy provisions.

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

HB 1090 Introduced by: Representatives Feickert, Frerichs, Kirkeby, and Rausch and Senators Hansen (Tom), Bartling, and Olson (Russell)

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the county legal expense relief fund.

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

HB 1091 Introduced by: Representatives Kirkeby and Feickert and Senators Gant and Miles

FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal elections in the case of death or withdrawal of a candidate.

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

HB 1092 Introduced by: Representatives Kirkeby, Brunner, Cutler, Feinstein, Gibson, Gosch, Hoffman, Hunt, Lust, Nygaard, Olson (Betty), Schlekeway, Turbiville, and Verchio and Senators Hansen (Tom), Gant, Maher, Merchant, Miles, Nelson, and Tieszen

FOR AN ACT ENTITLED, An Act to revise the certain provisions concerning continuing liens on wages by garnishment.

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

HB 1093 Introduced by: Representatives Hunt, Gibson, and Lust and Senators Hunhoff (Jean), Gant, and Hundstad

FOR AN ACT ENTITLED, An Act to revise the open meeting requirement to permit the use of teleconferencing for rule-making and other purposes.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 39: FOR AN ACT ENTITLED, An Act to provide for the continuation of the minimum monthly fee charged for care at the Human Services Center.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1030: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

Was read the second time.

The question being "Shall HB 1030 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; 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:
Elliott

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 1036: FOR AN ACT ENTITLED, An Act to create a licensing category for the owners of property where licensed gaming is conducted in the city of Deadwood.

Was read the second time.

The question being "Shall HB 1036 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Elliott

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 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance.

Was read the second time.

The question being "Shall HB 1053 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Elliott

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 1054: FOR AN ACT ENTITLED, An Act to provide independent voters voting absentee the appropriate ballot during a primary election and to declare an emergency.

Was read the second time.

Rep. Faehn moved that HB 1054 be deferred to Thursday, January 21^st, the 7^th legislative day.

Which motion prevailed.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:32 p.m. the House adjourned.

Karen Gerdes, Chief Clerk