JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION



NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 25, 2010

    The House convened at 4:30 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 page Shelby Thayer.

    Roll Call: All members present except Reps. Bolin, Boomgarden, Burg, Cronin, Curd, Cutler, Faehn, Frerichs, Bernie Hunhoff, Iron Cloud III, Killer, Krebs, Lederman, Moser, Noem, David Novstrup, Nygaard, Pitts, Schrempp, Thompson, Vanneman, 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 eighth 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 Commerce respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill be amended as follows:

1001fd

    On page 1, line 8, of the printed bill, after "licensed" insert "pursuant".

    On page 1, line 12, after "licensed" insert "pursuant".

    On page 1, line 13, after "(12)" insert "or chapter 35-12".

    On page 2, line 2, after "licensed" insert "pursuant".

    On page 2, line 6, after "licensed" insert "pursuant".

    On page 2, line 7, after "(19)" insert "or chapter 35-12".


1001sa

    On page 1, line 8, of the printed bill, delete "a nonprofit" and insert "any civic, charitable, educational, fraternal, or veterans".

    On page 1, line 12, delete "a nonprofit" and insert "any civic, charitable, educational, fraternal, or veterans".

    On page 2, line 2, delete "a nonprofit" and insert "any civic, charitable, educational, fraternal, or veterans".

    On page 2, line 6, delete "a nonprofit" and insert "any civic, charitable, educational, fraternal, or veterans".

    And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1063 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1065 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 Judiciary respectfully reports that it has had under consideration HB 1064 and returns the same with the recommendation that said bill be amended as follows:

1064ra

    On page 4, after line 5 of the printed bill, insert:

"    Section 3. That § 23A-35B-5 be amended to read as follows:

    23A-35B-5. All persons involved in carrying out the provisions of this chapter shall act in a manner that will protect the confidentiality of the victim, the source individual, and the defendant or juvenile, including sealing relevant court records. The results of the test for infection by blood-borne pathogens may not be used to establish a defendant's guilt or innocence of the charge and may not be used to determine a juvenile's status as a delinquent child. ".


1064oa

    On page 2, between lines 5 and 6 of the printed bill, insert:

"

            (c)    A person employed as a coroner or a funeral director;".

    On page 2, line 6, delete "(c)" and insert "(d)".

    On page 2, line 8, delete "(d)" and insert "(e)".

1064rta

    On page 1, line 2, of the printed bill, after "pathogens" insert "and to provide for the confidentiality of the source individual".

    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 1019 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MOTIONS AND RESOLUTIONS

    HCR 1004 Introduced by: Representatives Bolin, Blake, Brunner, Burg, Carson, Cronin, Curd, Cutler, Dennert, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Greenfield, Hoffman, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Lange, Lederman, Lucas, Lust, Moser, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Gillespie, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nesselhuf, Novstrup (Al), Peterson, Rhoden, Schmidt, and Turbak Berry

        A CONCURRENT RESOLUTION, Expressing the heartfelt condolences of South Dakotans to the people of Haiti for their losses resulting from the devastating and horrific earthquake of January 12, 2010, and also to urge the people of South Dakota to be charitable in this time of great human suffering.

    WHEREAS, the recent earthquake in Haiti has killed hundreds of thousands of Haitians and has left millions more injured and homeless; and

    WHEREAS, Haiti's ability to respond to this disaster has been crippled due to their destroyed infrastructure and ravaged government; and

    WHEREAS, citizens of South Dakota share close ties with Haitians in terms of history and family; and

    WHEREAS, South Dakotans know well the necessity of coming together to lend a helping hand to our fellow man in times of adversity and devastation be it flood, blizzard, or drought:

    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 this entire legislative body come together to extend our support and condolences, to ask the citizens of the great state of South Dakota to do anything that they can, even in these difficult economic times, to alleviate the suffering of our Haitian neighbors, and to express thanks to those individuals and businesses who have already extended a hand of peace and aid to the people of Haiti.

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


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1116 Introduced by: Representatives Sly, Brunner, Gibson, Hamiel, Hoffman, Jensen, Killer, Kopp, Lucas, McLaughlin, Moser, Russell, Schrempp, Sorenson, Steele, Van Gerpen, and Verchio and Senators Maher, Abdallah, Kloucek, Schmidt, and Tieszen

    FOR AN ACT ENTITLED, An Act to limit certain outside employment and compensation by presidents and executive officers of state institutions of higher education.

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

    HB 1117 Introduced by: Representative Lucas and Senator Bradford

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the hiring by school districts of persons convicted of felony drug distribution.

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

    HB 1118 Introduced by: Representatives Solum, Cutler, Jensen, Krebs, Novstrup (David), Rounds, Steele, and Verchio and Senators Olson (Russell), Maher, Nelson, and Turbak Berry

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding fees for health services provided to South Dakota injured workers treated by out-of-state medical providers.

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

    HB 1119 Introduced by: Representatives Hoffman, Bolin, Brunner, Elliott, Engels, Kirkeby, Kopp, Krebs, Noem, Novstrup (David), Russell, Turbiville, and Vanderlinde and Senators Gray, Abdallah, Ahlers, Bartling, Brown, Dempster, Fryslie, Gant, Kloucek, Merchant, and Tieszen

    FOR AN ACT ENTITLED, An Act to prohibit certain acts of sexual penetration and contact between certain high school employees and students and to provide penalties therefor.

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

    HB 1120 Introduced by: Representatives Vanneman, Brunner, Cronin, Dennert, Fargen, Feickert, Greenfield, Hoffman, Hunt, Jensen, Juhnke, Kopp, Krebs, Noem, Olson (Betty), Pitts, Putnam, Rausch, Schlekeway, Sorenson, Street, Turbiville, and Verchio and Senators Hansen (Tom), Bartling, Bradford, Fryslie, Garnos, Knudson, Merchant, Peterson, and Rhoden

    FOR AN ACT ENTITLED, An Act to revise certain provisions and assessments related to the South Dakota Oilseeds Council.


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

    HB 1121 Introduced by: Representatives Olson (Betty), Brunner, Deadrick, Hamiel, Hoffman, Jensen, Kirkeby, Russell, Schrempp, Steele, Verchio, and Wink and Senators Garnos, Gant, Maher, Rhoden, and Schmidt

    FOR AN ACT ENTITLED, An Act to require a permit and fee for public access on certain school and public lands and to establish a penalty.

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

    HB 1122 Introduced by: Representatives Tidemann, Brunner, Burg, Carson, Cutler, Deadrick, Fargen, Feickert, Frerichs, Greenfield, Hoffman, Hunhoff (Bernie), Hunt, Juhnke, Kirschman, Kopp, Krebs, Lange, Lucas, Moser, Noem, Novstrup (David), Olson (Ryan), Pitts, Putnam, Rausch, Rounds, Schlekeway, Sorenson, Street, Thompson, Van Gerpen, Vanneman, Verchio, and Wismer and Senators Hunhoff (Jean), Ahlers, Bartling, Bradford, Brown, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Knudson, Maher, Merchant, Nesselhuf, Novstrup (Al), Peterson, Rhoden, and Vehle

    FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Rausch moved that the balance of the calendar including HB 1031, 1032, 1039, 1028, 1013, 1072, 1024, 1061, 1021, 1037, 1043, 1045, 1029, and 1016 be deferred to Tuesday, January 26th, the 10th legislative day.

    Which motion prevailed.

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:51 p.m. the House adjourned.

Karen Gerdes, Chief Clerk