House of Representatives Journal 2/4/2010 12:30 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 4, 2010

The House convened at 12:30 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Molly Webster and Kayla Wieskus.

Roll Call: All members present except Reps. Jensen, Kopp, Ryan Olson, Pitts, and Vanneman 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 fifteenth 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 Appropriations respectfully reports that it has had under consideration HB 1050, 1051, and 1122 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1210 and 1211 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Kristi Noem, Vice Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1176 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 1096 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1102 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That § 41-5-1.1 be repealed.

41-5-1.1. The Wall Lake State Game Bird Refuge shall be comprised of the south half and the south half of the north half of section eight; all of section nine; southwest quarter, south half of the northwest quarter and the northeast quarter of the northwest quarter of section ten; the north half of section sixteen and the northeast quarter of the northeast quarter of section seventeen; all in township one hundred nine north, range sixty-eight west of the fifth principal meridian, Hand County, South Dakota. "

On page 1, line 1, of the printed bill, delete "correct an error in the boundary description of" and insert "repeal certain provisions establishing".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 41-14 be amended by adding thereto a NEW SECTION to read as follows:

The secretary of game, fish and parks may provide a written authorization allowing a resident landowner or lessee to take possession of the antlers, horns, and skulls of white-tailed deer, mule deer, or antelope found on the landowner's property or a game bird found on the property if a conservation officer has determined that there is no reasonable suspicion that the animal may have been killed illegally. The landowner or lessee may not take possession of the deer or antelope parts or game bird unless a conservation officer has:

(1) Examined the animal before it is moved from the location where it was initially found;

(2) Conducted an investigation; and

(3) Subsequently made a determination as to the presence or lack of reasonable suspicion of a violation of state law or rule.

If evidence exists that the deer, antelope, or game bird was killed by a firearm or bow and arrow, the conservation officer shall consult with the officer's immediate supervisor to determine appropriate disposition of the antlers, horns, skull, or game bird."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1006 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1166 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 1214 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, after "county," insert "township,".

On page 1, line 7, overstrike "municipality or county" and insert "municipal, county, or township".

On page 1, line 8, overstrike "or county" and insert ", county, or township".

And that as so amended 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 1212 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1013 and 1024 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 4, 33, 58, 68, 78, 82, 86, 88, and 110 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 2 Introduced by: Representatives 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; 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; Rave; Romkema; Rounds; Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

        A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota to Jeremy Addington, Jacee Dennert, Dylan Dethlefsen, Samantha Haverly, Rachel Mairose, Megan Meier, Amanda Nelson, Zachary Nipp, Allen Saakyan, Desirae VanZee, Whitney Vos, Molly Webster, Kayla Wieskus

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-fifth Legislative Session; and

WHEREAS, the members of the Eighty-fifth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Faehn moved that House Page Resolution 2 be adopted.

Which motion prevailed and the resolution was adopted.

Rep. Faehn moved that the rules be suspended for the sole purpose of introducing, giving first reading, and committee referral to a bill relating to providing for a process of obtaining certain information from online content providers in slander and libel actions.

The question being on Rep. Faehn's motion that the rules be suspended for the sole purpose of introducing, giving first reading, and committee referral to a bill relating to providing for a process of obtaining certain information from online content providers in slander and libel actions.

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; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

Excused:
Jensen; Kopp; Nygaard; Olson (Ryan); Pitts; Vanneman

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

And the roll being called:

Yeas 63, Nays 0, Excused 7, 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; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

Excused:
Jensen; Kopp; Nygaard; Olson (Ryan); Pitts; Russell; Vanneman

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

Rep. Cutler moved that HB 1004 be referred to the Committee on Judiciary.

Which motion lost.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1033 and 1125 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1171 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the printed bill, delete "No fee may".

On page 1, line 11, overstrike "be charged for the special plates and for renewal".

On page 1, line 12, overstrike "stickers" and insert "In addition to the noncommercial license plate fees, an additional fee of ten dollars shall be charged for the initial issuance of the special license plates".

On page 2, after line 1, insert:

" Section 2. That § 32-5-65 be amended to read as follows:

32-5-65. Any commercial radio station or broadcasting company that holds an unrevoked and unexpired official license issued by the federal communications commission or employees of the station or company when requested and approved by the station or the company, and who are residents of this state and have complied with all the laws of this state in regards to the registration of a motor vehicle, may apply for a set of special plates bearing an inscription thereon of the call letters authorized for the station or company radio license by making application therefor as provided in § 32-5-66. The special plates are in lieu of the regular number plates issued for the motor vehicle. The special plates shall be displayed as set forth in § 32-5-98. A In addition to the noncommercial license plate fees, an additional fee of ten ~~dollar fee~~ dollars shall be charged for the initial issuance of the special plates ~~and for the renewal stickers~~. If the federal communication commission's license is revoked, the owner shall surrender the special license plates to the department. If the employee is no longer employed by the station or the broadcasting company, the employee shall surrender the special license plates to the department. The secretary shall make the necessary changes in the registration file. The owner shall obtain regular number plates. Failure to surrender the special license plates as required by this section is a Class 2 misdemeanor.

Section 3. That § 32-5-114 be amended to read as follows:

32-5-114. Each person receiving firefighter special number plates shall pay a ten dollar fee which shall reimburse the State of South Dakota for the cost of producing such special number plates and decals. All fees In addition to the noncommercial license plates fees, a firefighter receiving the special license plates shall pay an additional fee of ten dollars for the initial issuance of the special license plates. The special license plate fee collected under this section shall be placed in the license plate special revenue fund, as provided under § 32-5-67. ".

On page 1, line 1, of the printed bill, delete "repeal the fee" and insert "revise certain provisions regarding the fees".

On page 1, line 2, delete "for amateur radio licensees".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1140 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1190 as found on pages 280 to 282 of the House Journal; also

Education on SB 24 as found on pages 282 and 283 of the House Journal; also

State Affairs on HB 1097 as found on page 283 of the House Journal; also

Commerce on HB 1151 as found on page 284 of the House Journal; also

Judiciary on HB 1117 as found on page 285 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1277 Introduced by: Representatives Hamiel, Bolin, Brunner, Carson, Cutler, Deadrick, Fargen, Gibson, Gosch, Greenfield, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lederman, Olson (Betty), Schlekeway, Sly, Turbiville, Vanneman, and Verchio and Senators Turbak Berry, Brown, Dempster, and Vehle

FOR AN ACT ENTITLED, An Act to provide for a process of obtaining certain information from online content providers in slander and libel actions.

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

HB 1278 Introduced by: Representatives Hamiel, Bolin, Brunner, Carson, Cutler, Deadrick, Fargen, Gibson, Gosch, Greenfield, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lederman, McLaughlin, Moser, Olson (Betty), Schlekeway, Sly, Sorenson, Turbiville, Vanneman, and Verchio and Senators Turbak Berry, Brown, Dempster, and Vehle

FOR AN ACT ENTITLED, An Act to provide for a process of obtaining certain information from online content providers in slander and libel actions.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 4: FOR AN ACT ENTITLED, An Act to revise certain rule-making authority regarding the sale of certain alcoholic beverage container sizes to on-sale licensees.

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

SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to delinquent tax accounts.

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

SB 58: FOR AN ACT ENTITLED, An Act to revise certain real property taxes for small renewable energy facilities.

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

SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to standards for new construction.

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

SB 78: FOR AN ACT ENTITLED, An Act to revise the total amount of revenue payable to municipalities and townships from taxes on real property.

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

SB 82: FOR AN ACT ENTITLED, An Act to require certain state contracts to be displayed on a searchable internet website.

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

SB 86: FOR AN ACT ENTITLED, An Act to revise certain requirements related to the licensure of veterinarians.

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

SB 88: FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity for military children.

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

SB 110: FOR AN ACT ENTITLED, An Act to provide for the posting of a bond by parolees under certain circumstances.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Faehn moved that the balance of the calendar including HB 1137, 1078, 1002, 1081, 1185, 1202, 1128, 1149, 1120, 1082, 1130, 1004, 1189, 1079, and 1080 and SB 23 and 13 be deferred to Tuesday, February 9^th, the 17^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1013 and 1024 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1020, 1022, 1023, and 1049 were delivered to his Excellency, the Governor, for his approval at 8:50 a.m., February 4, 2010.

Respectfully submitted,
Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title 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.

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

And signed the same in the presence of the House.

HC 1001 Introduced by: Representatives Thompson, Blake, Bolin, Burg, Dennert, Elliott, Engels, Fargen, Feinstein, Gibson, Hunt, Killer, Lucas, Lust, McLaughlin, Pitts, Rausch, Romkema, Schlekeway, Solberg, Sorenson, Street, Van Gerpen, Vanderlinde, and Wink and Senators Adelstein, Ahlers, Jerstad, Olson (Russell), and Tieszen

A LEGISLATIVE COMMEMORATION, Commending and honoring Greg Mortenson for his sixteen years of visionary work in building schools and relationships in the most remote regions of Afghanistan and Pakistan.

WHEREAS, Greg Mortenson, a University of South Dakota graduate, decided sixteen years ago, after a chance encounter with a young girl in a village in Pakistan, to improve education and literacy in Central Asia; and

WHEREAS, Greg Mortenson began his quest by soliciting spare change from American school students to fund his first school, and has since, through the Montana-based Central Asia Institute that he co-founded, built or established forty-nine schools in Afghanistan and eighty-two schools in Pakistan, mainly for girls; and

WHEREAS, Greg Mortenson has chronicled his work in two New York Times best-selling books, has twice been nominated for the Nobel Peace Prize, and was honored with Pakistan's "Star of Pakistan," that country's highest civil award:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Greg Mortenson be commended and honored for his outstanding contribution to our global community through his efforts in promoting education and peace in Central Asia.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk