House of Representatives Journal 1/26/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 26, 2010

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

The prayer was offered by the Chaplain, Pastor John Rhoad, followed by the Pledge of Allegiance led by House page Jeremy Addington.

Roll Call: All members present except Frerichs, Noem, Nygaard, Vanneman, 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 ninth 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.

The oath of office was administered by Speaker Rave to the following named pages:

Jeremy Addington, Jacee Dennert, Dylan Dethlefsen, Samantha Haverly, Megan Meier, Amanda Nelson, Zachary Nipp, Allen Saakyan, Desirae VanZee, Whitney Vos, Molly Webster, Kayla Wieskus.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1007 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1006 and returns the same with the recommendation that said bill be amended as follows:

On page 44, line 12, of the printed bill, overstrike everything after "department".

On page 44, line 13, overstrike "§ 31-29-14".

And that as so amended said bill do pass.

Respectfully submitted,
Kent Juhnke, Vice Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1090 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 Local Government respectfully reports that it has had under consideration HB 1087 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MOTIONS AND RESOLUTIONS

HCR 1004: 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.

Rep. Bolin moved that HCR 1004 as found on page 168 of the House Journal be adopted.

The question being on Rep. Bolin's motion that HCR 1004 be adopted.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); 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; Verchio; Wink; Speaker Rave

Excused:
Feinstein; Frerichs; Noem; Nygaard; Vanneman; Wismer

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on HB 1001 as found on page 166 of the House Journal; also

Judiciary on HB 1064 as found on page 167 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1123 Introduced by: Representatives Lange and Feickert and Senator Kloucek

FOR AN ACT ENTITLED, An Act to repeal the income tax imposed on banks and financial corporations.

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

HB 1124 Introduced by: Representatives Lange and Feickert and Senator Kloucek

FOR AN ACT ENTITLED, An Act to repeal the premium and annuity tax imposed on insurance companies.

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

HB 1125 Introduced by: Representatives Lucas, Deadrick, Fargen, Iron Cloud III, Juhnke, Killer, Kirschman, Moser, Olson (Betty), Sly, Steele, Turbiville, Van Gerpen, and Wismer and Senators Bradford, Bartling, Gant, Garnos, Hanson (Gary), Kloucek, and Maher

FOR AN ACT ENTITLED, An Act to revise certain documentation requirements related to driver licensing.

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

HB 1126 Introduced by: Representatives Lust, Boomgarden, Conzet, Feickert, Jensen, Kirkeby, Lederman, Moser, Novstrup (David), Peters, Rounds, and Vanneman and Senators Rhoden, Ahlers, Dempster, Haverly, Knudson, Novstrup (Al), and Tieszen

FOR AN ACT ENTITLED, An Act to require property owners of a homestead who are delinquent in paying their property taxes to notify the county treasurer when they meet certain age requirements.

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

HB 1127 Introduced by: Representatives Sorenson, Bolin, Brunner, Cronin, Engels, Fargen, Feickert, Frerichs, Hoffman, Hunhoff (Bernie), Jensen, Juhnke, Kirkeby, Kopp, Lange, Moser, Olson (Betty), Olson (Ryan), Rounds, Steele, Thompson, Van Gerpen, and Verchio and Senators Garnos, Ahlers, Bartling, Hanson (Gary), Heidepriem, Kloucek, Maher, Peterson, Rhoden, and Tieszen

FOR AN ACT ENTITLED, An Act to authorize landowners and lessees to possess certain game animal and game bird trophies.

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

HB 1128 Introduced by: Representative Deadrick

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fire protection services provided through township funding.

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

HB 1129 Introduced by: Representatives Steele, Bolin, Elliott, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Kopp, Lederman, Noem, Olson (Betty), Russell, Schlekeway, Van Gerpen, Vanneman, and Verchio and Senators Garnos, Abdallah, Gray, Jerstad, and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to provide for the early reinstatement of a student expelled from school under certain circumstances.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1031: FOR AN ACT ENTITLED, An Act to define conference bridging services for sales and use tax purposes.

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Feinstein; Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the reporting period for the collection of the use tax.

Was read the second time.

The question being "Shall HB 1032 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Feinstein; Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1039: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of an exemption certificate for tax purposes.

Was read the second time.

The question being "Shall HB 1039 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Feinstein; Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1028: FOR AN ACT ENTITLED, An Act to revise certain requirements for the provisional certification of interpreters for the deaf and revise certain authority to promulgate rules concerning certified interpreters for the deaf.

Was read the second time.

The question being "Shall HB 1028 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Feinstein; Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1013: FOR AN ACT ENTITLED, An Act to authorize the Department of Environment and Natural Resources to accept certain documents submitted with electronic signatures.

Was read the second time.

The question being "Shall HB 1013 pass?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); 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; Verchio; Wink; Speaker Rave

Nays:
Iron Cloud III

Excused:
Feinstein; Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1072: FOR AN ACT ENTITLED, An Act to provide for the election of a vice chair for county commissions.

Was read the second time.

The question being "Shall HB 1072 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); 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; Verchio; Wink; Speaker Rave

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1065: FOR AN ACT ENTITLED, An Act to establish quarterly escrow payments by nonparticipating tobacco manufacturers.

Was read the second time.

The question being "Shall HB 1065 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1024: FOR AN ACT ENTITLED, An Act to repeal the requirement for school districts to have certain teaching certificates on file.

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

The question being "Shall HB 1024 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding organization and operation of the public entity pool for liability.

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

Rep. Lust moved that HB 1061 be amended as follows:

On page 3, line 3, of the printed bill, after "tort" insert "from the operation of a motor vehicle, a ministerial act, or another act".

Which motion prevailed.

The question being "Shall HB 1061 pass as amended?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); 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; Verchio; Wink; Speaker Rave

Nays:
Feickert; Feinstein; Hoffman

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1021: FOR AN ACT ENTITLED, An Act to authorize the 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.

Was read the second time.

The question being "Shall HB 1021 pass as amended?"

And the roll being called:

Yeas 60, Nays 5, Excused 5, Absent 0

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

Nays:
Cronin; Deadrick; Novstrup (David); Peters; Pitts

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance producer licensing.

Was read the second time.

The question being "Shall HB 1037 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1043: FOR AN ACT ENTITLED, An Act to revise the risk pool rate methodology, to revise the number of risk pool benefit plans offered, and to revise open enrollment for uninsurable children.

Was read the second time.

Rep. Faehn moved that HB 1043 be deferred to Wednesday, January 27^th, the 11^th legislative day.

Which motion prevailed.

HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of anabolic steroid, to provide for the scheduling of tapentadol, lacosamide, and fospropofol as controlled substances, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1045 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1029: FOR AN ACT ENTITLED, An Act to authorize the Board of Social Worker Examiners to deny, suspend, or revoke applications for licensure or licenses under certain circumstances and repeal certain physical examination provisions.

Was read the second time.

The question being "Shall HB 1029 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding 911 emergency services.

Was read the second time.

The question being "Shall HB 1016 pass?"

And the roll being called:

Yeas 61, Nays 4, Excused 5, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); 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; Verchio; Wink; Speaker Rave

Nays:
Cronin; Fargen; Feickert; Hoffman

Excused:
Frerichs; Noem; Nygaard; Vanneman; Wismer

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 1063: FOR AN ACT ENTITLED, An Act to repeal the responsibility of the attorney general to fix certain liability insurance limits for sheriffs.

Was read the second time.

The question being "Shall HB 1063 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; 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; Lucas; Lust; McLaughlin; Moser; Novstrup (David); 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; Verchio; Wink; Speaker Rave

Excused:
Lederman; Noem; Nygaard; Vanneman; Wismer

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. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:01 p.m. the House adjourned.

Karen Gerdes, Chief Clerk