JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION



NINETEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 11, 2010

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

    The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House pages Baylee Obermeier and Tiffany Ortman.

    Roll Call: All members present except Rep. Killer 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 eighteenth 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.
COMMUNICATIONS AND PETITIONS

February 11, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 10, 2010, I approved House Bills 1013, 1024, and 1030, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1260 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 1145 which was tabled.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1170 and 1274 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1231 and returns the same with the recommendation that said bill be amended as follows:

1231ja

    On page 1, line 12, of the printed bill, delete ", and" and insert ";".

    On page 1, delete lines 13 and 14.

    On page 8, delete line 19, and insert "information may be reported by the board to the dispenser's licensing board.".

1231jd

    On page 8, after line 22 of the printed bill, insert:

"    Section 20. The board shall promulgate rules, pursuant to chapter 1-26, for the operation of the program. Any rule promulgated shall be designed to assure the fair, equitable, and efficient operation of the program. The rules may address the following:

            (1)    Criteria, procedures, and forms for submitting data to the program;

            (2)    Standards for information collection;

            (3)    Guidelines for reviewing data and making determinations with respect to the referral of patients, prescribers, or dispensers to law enforcement or appropriate regulatory authorities based upon an open case;

            (4)    Safeguards for the release of information to individuals who have access to the information contained in the central repository;

            (5)    Guidelines for maintaining the confidentiality of program information and the integrity of the patient's relationship with the patient's health care provider; and

            (6)    Policies for the compilation and release of statistics and outcomes for advancing the purposes of the program, including enhancement of the quality of health care delivery in this state.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1133 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1179 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1197 and returns the same with the recommendation that said bill be amended as follows:

1197fa

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

    "    Section 1. That § 10-28-21.2 be amended to read as follows:

    10-28-21.2. Any publicly operated railroad or railway corporation operating over rail lines owned by the publicly operated railroad or railway corporation located within this state may claim a credit against the tax levied on such rail lines for amounts that the railroad or railway corporation has certified as having been expended in the replacement, improvement, and repair of such rail lines. Only those expenses of a capital nature may be certified as an expense eligible for a credit pursuant to this section. The certification required by this section shall be on forms provided by the Department of Revenue and Regulation. The labor and material expenses certified pursuant to this section shall be itemized separately by rail line and mile post locations. The credit provided in this section shall be applied proportionally across the railroad's entire mainline within this state. The credit shall be applied to tax liability over a three-year period in an amount equal to thirty-three and one-third percent the first year following certification; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits. No credit may be given for the:

            (1)    The repair or replacement of railway line necessitated by washout, fire, or train derailment. No credit may be given for that;

            (2)    That portion of a project that is funded with state or federal grant funds or paid for by any third party. If any rail line goes over ten million gross ton miles of revenue freight per mile annually in a calendar year, the rail line may not receive a credit pursuant to this section in the following calendar year; or

            (3)    Any expenses of a capital nature that are made on a segment of the rail line that exceeds ten million gross ton miles of revenue freight in the previous calendar year. "

1197fta

    On page 1, line 1, of the printed bill, delete "provide for the repeal of the" and insert "revise certain provisions concerning".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1209 and HJR 1002 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 34 and 36 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 Transportation respectfully reports that it has had under consideration HB 1243 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1195 and 1273 which were tabled.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 68 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 1172 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 1198 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1015 and 1031 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 27, 42, and 90 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    Yesterday, Rep. Peters announced her intention to reconsider the vote by which HB 1122 lost.

    No member moved to reconsider the vote by which HB 1122 lost.

    Rep. Faehn moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 12th, the 20th legislative day.

    Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on HB 1104 as found on page 344 of the House Journal; also

    Judiciary on HB 1119 as found on pages 344 and 345 of the House Journal; also

    State Affairs on HB 1093 as found on pages 345 and 346 of the House Journal; also

    Commerce on HB 1180 as found on page 347 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 27: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Human Services to provide for the design, construction, and equipping of a dietary services building addition at the Human Services Center.

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

    SB 42: FOR AN ACT ENTITLED, An Act to restrict the licensure and prohibit the employment of certain persons, including persons on the sex offender registry, in certain child welfare agencies or family day care centers.

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

    SB 90: FOR AN ACT ENTITLED, An Act to provide an exception from one-call notification requirements to natural gas operators in emergency situations.

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


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1102: FOR AN ACT ENTITLED, An Act to repeal certain provisions establishing the Wall Lake State Game Bird Refuge in Hand County.

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

    The question being "Shall HB 1102 pass as amended?"

    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; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; 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:
Killer

    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 1127: FOR AN ACT ENTITLED, An Act to authorize landowners and lessees to possess certain game animal and game bird trophies.

    Was read the second time.

    The question being "Shall HB 1127 pass as amended?"

    And the roll being called:

    Yeas 38, Nays 31, Excused 1, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Cutler; Deadrick; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Juhnke; Lange; Lucas; Moser; Nygaard; Olson (Betty); Putnam; Russell; Schrempp; Solberg; Sorenson; Steele; Street; Thompson; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

    Nays:
Burg; Carson; Conzet; Cronin; Curd; Faehn; Gibson; Gosch; Hunt; Kirkeby; Kirschman; Kopp; Krebs; Lederman; Lust; McLaughlin; Noem; Novstrup (David); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Tidemann; Turbiville; Van Gerpen; Vanneman

    Excused:
Killer

    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 1171: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the fees for certain special motor vehicle license plates.

    Was read the second time.

    The question being "Shall HB 1171 pass as amended?"

    And the roll being called:

    Yeas 65, Nays 4, Excused 1, Absent 0

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

    Nays:
Cronin; Feinstein; Peters; Rausch

    Excused:
Killer

    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 1241: FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged.

    Was read the second time.

    The question being "Shall HB 1241 pass?"

    And the roll being called:

    Yeas 61, Nays 8, Excused 1, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Lange; Lederman; Lust; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

    Nays:
Faehn; Krebs; Lucas; McLaughlin; Rausch; Solum; Thompson; Van Gerpen

    Excused:
Killer

    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 1042: FOR AN ACT ENTITLED, An Act to increase certain billboard permit fees.

    Was read the second time.

1042fa

    Rep. Kirkeby moved that HB 1042 be amended as follows:

    On page 1 of the printed bill, delete lines 6 to 14, inclusive, and insert:

"

            (1)    If the advertising area does not exceed fifty one hundred square feet, the fee is eight fifteen dollars;

            (2)    If the area exceeds fifty one hundred square feet but does not exceed three hundred square feet, the fee is twelve twenty dollars;

            (3)    If the area exceeds three hundred square feet but does not exceed five hundred square feet, the fee is sixteen thirty dollars;

            (4)    If the area exceeds five hundred square feet but does not exceed six seven hundred square feet, the fee is twenty forty dollars;

            (5)    If the area exceeds seven hundred square feet but does not exceed nine hundred square feet, the fee is fifty dollars;

            (6)    If the area exceeds nine hundred square feet but does not exceed one thousand one hundred square feet, the fee is seventy-five dollars;

            (7)    If the area exceeds six one thousand one hundred square feet, the fee is thirty-two one hundred dollars.".

    Rep. Burg called for a division of the House.

    The Speaker declared Rep. Kirkeby's motion prevailed.

    The question being "Shall HB 1042 pass as amended?"

    And the roll being called:

    Yeas 53, Nays 16, Excused 1, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Cronin; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Hamiel; Hoffman; Hunhoff (Bernie); Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Peters; Pitts; Putnam; Romkema; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

    Nays:
Carson; Conzet; Curd; Feinstein; Gosch; Greenfield; Hunt; Iron Cloud III; Krebs; Novstrup (David); Olson (Ryan); Rausch; Rounds; Russell; Turbiville; Verchio

    Excused:
Killer

    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 1050: FOR AN ACT ENTITLED, An Act to revise the per student allocation for the state aid to general education formula.

    Was read the second time.

    Rep. Faehn moved that HB 1050 be placed to follow HB 1158 on today's calendar.

    Which motion prevailed.

    HB 1183: FOR AN ACT ENTITLED, An Act to authorize birth centers to operate in the state.

    Was read the second time.

    The question being "Shall HB 1183 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Conzet; Cronin; Curd; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; 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

    Nays:
Carson

    Excused:
Cutler; Killer

    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.

    Speaker Pro tempore Rausch now presiding.

    HB 1239: FOR AN ACT ENTITLED, An Act to establish certain procedures for counties to follow when requiring landowners to cut and remove grass, weeds, and brush from the road right-of-way.

    Was read the second time.

    The question being "Shall HB 1239 pass as amended?"

    And the roll being called:

    Yeas 41, Nays 26, Excused 3, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Burg; Conzet; Cronin; Curd; Deadrick; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hoffman; Kirkeby; Kirschman; Krebs; Lederman; Lust; Noem; Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Vanderlinde; Vanneman; Wismer; Speaker Rave

    Nays:
Brunner; Carson; Dennert; Elliott; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kopp; Lange; Lucas; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Putnam; Russell; Schrempp; Solberg; Thompson; Van Gerpen; Verchio; Wink

    Excused:
Cutler; Killer; Olson (Ryan)

    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 1129: FOR AN ACT ENTITLED, An Act to provide for the early reinstatement of a student expelled from school under certain circumstances.

    Was read the second time.

    Rep. Faehn moved the previous question.

    Which motion prevailed.

    The question being "Shall HB 1129 pass?"

    And the roll being called:

    Yeas 41, Nays 28, Excused 1, Absent 0

    Yeas:
Blake; Boomgarden; Brunner; Burg; Deadrick; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Kirschman; Lange; Lust; McLaughlin; Noem; Nygaard; Olson (Betty); Olson (Ryan); Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Sorenson; Steele; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer

    Nays:
Bolin; Carson; Conzet; Cronin; Curd; Cutler; Faehn; Gibson; Gosch; Greenfield; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lucas; Moser; Novstrup (David); Peters; Pitts; Putnam; Schrempp; Solberg; Solum; Street; Tidemann; Verchio; Speaker Rave

    Excused:
Killer

    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 1152: FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a framework for entrepreneurship education.

    Was read the second time.

    The question being "Shall HB 1152 pass?"

    And the roll being called:

    Yeas 65, Nays 3, Excused 2, 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; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

    Nays:
Noem; Peters; Pitts

    Excused:
Killer; Van Gerpen

    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. Faehn moved that the balance of the calendar including HB 1160, 1158, and 1050 and SB 23, 13, and 24 be deferred to Friday, February 12th, the 20th legislative day.

    Which motion prevailed.

    Speaker Rave now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1015 and 1031 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1015: FOR AN ACT ENTITLED, An Act to repeal the imposition of the five dollar surcharge on mentored youth big game hunting licenses.

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

    And signed the same in the presence of the House.

COMMEMORATIONS

    HC 1002 Introduced by: Representatives Brunner, Olson (Betty), and Wink and Senators Rhoden and Maher

        A LEGISLATIVE COMMEMORATION, Commending and honoring the Belle Fourche Middle School students for their dedication to South Dakota's World War II veterans.

    WHEREAS, students of the Belle Fourche Middle School have shown exemplary patriotism and dedication to the veterans of South Dakota; and

    WHEREAS, the students of the Belle Fourche Middle School embarked on a fundraiser to augment funds for Honor Flight South Dakota; and

    WHEREAS, their fundraiser consisted of a penny jar in each classroom for a four-day period, raising over $1,700; and

    WHEREAS, theirs was a simple patriotic response; they recognized their civic duty and acted accordingly:
    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Belle Fourche Middle School students be commended and honored for their ongoing dedication to the veterans of South Dakota.

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:01 p.m. the House adjourned.

Karen Gerdes, Chief Clerk