House of Representatives Journal 2/25/2010 12:30 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 25, 2010

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

The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of Allegiance led by House pages Tyler Peterson and Nellie Two Elk.

Roll Call: All members present except Reps. Frerichs, Lust, Pitts, Putnam, and Turbiville 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 twenty-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.

COMMUNICATIONS AND PETITIONS

February 25, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 24, 2010, I approved House Bills 1005, 1006, 1034, 1045, 1058, 1094, 1096, 1101, 1103, 1108, 1120, 1126, and 1166, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Rep. Vanneman introduced McKenzie Haley of Winner, the 2010 Miss Rodeo South Dakota.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 28, 29, 31, and 33 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 86 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 SB 52 and 85 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 141 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 SB 101, 118, and 133 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 45 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 Transportation respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 8, of the printed bill, after "penalty of" insert "up to".

And that as so amended said bill do pass.

Respectfully submitted,
Shantel Krebs, Chair

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1014 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1014 be amended as follows:

1014tb

On page 1, line 10, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete "seventy" and insert "sixty".

On page 1, line 12, delete "fifty" and insert "forty".

On page 1, line 14, delete "twenty" and insert "ten".

On page 2, line 21, remove the overstrikes from "or".

On page 2, line 22, delete ", trophy antelope, trophy mule deer, or trophy white-tailed deer".

On page 2, line 23, after "goat" delete "or," and insert "or".

On page 2, line 23, delete ", or trophy elk".

On page 3, line 3, after "." insert "The civil damages for each trophy antelope, trophy mule deer, and trophy white-tailed deer as defined in section 1 of this Act may not be less than two thousand dollars and may not exceed five thousand dollars, and the civil damages for each trophy elk as defined in section 1 of this Act may not be less than six thousand dollars and may not exceed ten thousand dollars.".

Respectfully submitted,    Respectfully submitted,
Lance Russell    Larry Rhoden
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1008, 1037, 1040, 1062, 1063, 1064, 1065, 1069, 1070, 1073, 1074, 1089, 1179, and 1189 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has amended HCR 1009 and your concurrence in the amendment is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

SCR 3: A CONCURRENT RESOLUTION, Commemorating the 100^th anniversary of the South Dakota State Capitol.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 66 as found on page 596 of the House Journal; also

Education on SB 121 as found on page 597 of the House Journal; also

Education on SB 183 as found on page 597 of the House Journal; also

Commerce on SB 56 as found on page 598 of the House Journal; also

Commerce on SB 60 as found on page 598 of the House Journal; also

Judiciary on SB 54 as found on page 599 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 15: FOR AN ACT ENTITLED, An Act to revise certain codes and standards regarding fire prevention.

Was read the second time.

The question being "Shall SB 15 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; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Frerichs; Lust; Pitts; Putnam; Turbiville

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.

SB 57: FOR AN ACT ENTITLED, An Act to revise the time frames for issuing a decision in certain electric service area disputes and adequacy of service complaints.

Was read the second time.

The question being "Shall SB 57 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Frerichs; Lust; Pitts; Putnam; Turbiville

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.

SB 51: FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with the secretary of state by electronic means and to provide penalties for false filings.

Was read the second time.

The question being "Shall SB 51 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Frerichs; Lust; Pitts; Putnam; Turbiville

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.

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

Was read the second time.

The question being "Shall SB 82 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Excused:
Frerichs; Lust; Pitts; Putnam; Turbiville

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 SENATE BILLS AND JOINT RESOLUTIONS

Rep. Faehn moved that SB 16, 46, 48, 145, 23, 27, 47, 63, 90, 61, SJR 3, SB 55, 103, and 109 be deferred to Monday, March 1^st, the 29^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1010, 1017, 1028, 1029, 1035, 1038, 1043, 1044, 1081, 1082, 1090, 1100, 1102, 1129, 1137, 1151, 1152, 1176, and 1185 were delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 25, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008, 1037, 1040, 1062, 1063, 1064, 1065, 1069, 1070, 1073, 1074, 1089, 1179, and 1189 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1008: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2009.

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

HB 1040: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to life insurance refunds.

HB 1062: FOR AN ACT ENTITLED, An Act to provide for certain mandatory training for county coroners.

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

HB 1064: FOR AN ACT ENTITLED, An Act to establish a process for persons exposed to certain blood-borne infections to require testing for blood-borne pathogens and to provide for the confidentiality of the source individual.

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

HB 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the transportation of alcoholic beverages and to authorize transportation by religious organizations under certain circumstances.

HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the voidability of gambling contracts.

HB 1073: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to a court's continuing jurisdiction to revoke probation or a suspended execution of sentence.

HB 1074: FOR AN ACT ENTITLED, An Act to allow copies of juvenile files to be provided to certain named parties or by court order rather than limiting use to inspection of the file only.

HB 1089: FOR AN ACT ENTITLED, An Act to clarify permissible insurance policy provisions.

HB 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the period within which tax deeds may be procured.

HB 1189: FOR AN ACT ENTITLED, An Act to prohibit discrimination based on domestic violence in life and health insurance policies.

And signed the same in the presence of the House.

Rep. Cronin moved that the House do now adjourn, which motion prevailed and at 12:56 p.m. the House adjourned.

Karen Gerdes, Chief Clerk