JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION




EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 22, 2010

    The House convened at 11:30 a.m., pursuant to adjournment, the Speaker Pro tempore presiding.

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Seth Bietz.

    Roll Call: All members present except Reps. Burg, Carson, Deadrick, Dennert, Elliott, Feinstein, Betty Olson, Peters, Putnam, Schrempp, Tidemann, Wink, and Wismer 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 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.

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 1016 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1055 which was tabled.

Respectfully submitted,
Bob Faehn, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HCR 1002 and 1003 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 13, 16, 17, 22, 24, 28, 29, 30, 34, 36, and 61 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Faehn moved that when we adjourn today, we adjourn to convene at 4:30 p.m. on Monday, January 25th, the 9th legislative day.

    Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEES

    Rep. Faehn moved that the report of the Standing Committee on

    Health and Human Services on HB 1029 as found on page 142 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1105 Introduced by: Representatives Cutler, Deadrick, Engels, Feinstein, Gosch, Kirkeby, McLaughlin, Rave, Romkema, and Turbiville and Senators Nelson, Abdallah, Gray, Maher, Tieszen, and Turbak Berry

    FOR AN ACT ENTITLED, An Act to permit the record of a person's conviction or arrest to be expunged.

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

    HB 1106 Introduced by: Representatives Van Gerpen, Blake, Elliott, Frerichs, Greenfield, Juhnke, Kirkeby, Moser, Noem, Olson (Betty), Pitts, Russell, Sly, Solberg, Sorenson, Street, Vanderlinde, and Verchio and Senators Peterson, Bartling, Dempster, Fryslie, and Turbak Berry

    FOR AN ACT ENTITLED, An Act to limit the fee that may be charged for inmate labor used in response to emergency and disaster situations.

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

    HB 1107 Introduced by: Representatives Van Gerpen, Fargen, Frerichs, Hoffman, Juhnke, Lucas, Steele, Street, and Wismer and Senators Hanson (Gary) and Fryslie

    FOR AN ACT ENTITLED, An Act to require the operation of driver license examination stations in certain locations.

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


    HB 1108 Introduced by: Representatives Van Gerpen, Bolin, Hamiel, Hunhoff (Bernie), Putnam, Sorenson, Thompson, and Vanneman and Senators Garnos, Dempster, Kloucek, Olson (Russell), and Peterson

    FOR AN ACT ENTITLED, An Act to revise the definition of general fund base percentage in the calculation of state aid to education.

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

    HB 1109 Introduced by: Representatives Lust, Cutler, Deadrick, Engels, and Feinstein and Senators Knudson, Heidepriem, and Turbak Berry

    FOR AN ACT ENTITLED, An Act to revise certain provisions of the Uniform Limited Liability Company Act.

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

    HB 1110 Introduced by: Representatives Engels, Cutler, Feinstein, Gibson, Gosch, Hoffman, Killer, and Turbiville and Senators Turbak Berry, Abdallah, Gant, and Jerstad

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to statutory rape and statutory sexual contact.

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

    HB 1111 Introduced by: Representatives Engels, Hunhoff (Bernie), and Lange and Senators Bradford, Bartling, and Turbak Berry

    FOR AN ACT ENTITLED, An Act to revise the penalty for first degree manslaughter.

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

    HB 1112 Introduced by: Representatives Engels, Cutler, Feinstein, Gibson, Gosch, Hoffman, Killer, and Schlekeway and Senators Turbak Berry, Gant, Gillespie, Jerstad, and Vehle

    FOR AN ACT ENTITLED, An Act to provide for the timely disposition of certain untried complaints, indictments, and informations upon request of the affected inmates.

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


    HB 1113 Introduced by: Representatives Brunner, Frerichs, Olson (Betty), and Verchio and Senators Rhoden and Maher

    FOR AN ACT ENTITLED, An Act to specify certain animal species for animal damage control.

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

    HB 1114 Introduced by: Representatives Brunner, Olson (Betty), and Verchio and Senators Rhoden and Maher

    FOR AN ACT ENTITLED, An Act to broaden the policy review committee for animal damage control.

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

    HB 1115 Introduced by: Representatives Brunner, Frerichs, Olson (Betty), and Verchio and Senators Rhoden and Maher

    FOR AN ACT ENTITLED, An Act to provide for annual audits of the state predatory animal control fund.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning petitions and elections.

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

    SB 16: FOR AN ACT ENTITLED, An Act to revise certain commercial driver licensing provisions and penalties.

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


    SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding restricted driving permits for minors.

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

    SB 22: FOR AN ACT ENTITLED, An Act to establish a fund for the collection of donations to the birth to three program.

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

    SB 24: FOR AN ACT ENTITLED, An Act to establish standards for teaching, to require an annual teacher evaluation, and to provide for the development of a model evaluation instrument.

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

    SB 28: FOR AN ACT ENTITLED, An Act to provide relief from liability from a sales and use tax rate change in certain circumstances.

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

    SB 29: FOR AN ACT ENTITLED, An Act to revise the exemption of direct mail postage and to define direct mail for certain tax purposes.

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

    SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of tax refunds for the construction of agricultural processing or new business facilities.

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

    SB 34: FOR AN ACT ENTITLED, An Act to provide for the staggered registration of intrastate and interstate commercial motor vehicles.

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

    SB 36: FOR AN ACT ENTITLED, An Act to provide for the denial of certain motor carrier registrations.

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



    SB 61: FOR AN ACT ENTITLED, An Act to require an electric utility to file rates for purchases of electricity produced by small renewable power facilities.

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


SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Faehn moved that the balance of the calendar including HB 1031, 1032, 1039, 1028, 1013, 1072, 1024, 1061, 1021, 1037, 1043, and 1045 be deferred to Monday, February 25th, the 9th legislative day.

    Which motion prevailed.

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 11:41 a.m. the House adjourned.

Karen Gerdes, Chief Clerk