JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 20, 2011

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

    The prayer was offered by the Chaplain, Father Mike Griffin, followed by the Pledge of Allegiance led by House page Alec Adamski.

    Roll Call: All members present except Rep. Kirkeby 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 sixth 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,
Val Rausch, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1011 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1013 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 Health and Human Services respectfully reports that it has had under consideration HB 1012 which was tabled.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1029 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 1025 and 1028 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mark K. Willadsen, Chair


Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1009 and 1037 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Kim Vanneman, Chair

MOTIONS AND RESOLUTIONS

    Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 21st, the 8th legislative day.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1053 Introduced by: Representative Kirkeby and Senator Maher

    FOR AN ACT ENTITLED, An Act to repeal the requirement to provide notice to abutting counties when changing the county plan or ordinances.

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

    HB 1054 Introduced by: Representatives Lucas, Abdallah, Blake, Bolin, Boomgarden, Dryden, Feinstein, Gibson, Hunt, Kirkeby, Kopp, Nelson (Stace), Perry, Romkema, Russell, Schaefer, Sly, Street, Turbiville, and Verchio and Senators Sutton, Begalka, Buhl, Cutler, Frerichs, Garnos, Krebs, Maher, Nelson (Tom), Schlekeway, Tieszen, and Vehle

    FOR AN ACT ENTITLED, An Act to increase the amount that the court may assess against the defendant for failure to appear in regard to certain motor vehicle violations.

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

    HB 1055 Introduced by: Representatives Stricherz, Haggar, Hickey, Hoffman, Hubbel, Moser, Nelson (Stace), Perry, Romkema, and White and Senator Adelstein

    FOR AN ACT ENTITLED, An Act to prohibit employers from restricting employees who are volunteer emergency responders in their response to emergencies during working hours.

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



SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1026: FOR AN ACT ENTITLED, An Act to repeal fleet licensing procedures for certain vehicles.

    Was read the second time.

    The question being "Shall HB 1026 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Feinstein; Kirkeby

    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 1027: FOR AN ACT ENTITLED, An Act to revise the definition of a trailer for the purpose of titling a restored or rebuilt trailer.

    Was read the second time.

    The question being "Shall HB 1027 pass?"

    And the roll being called:

    Yeas 68, Nays 0, Excused 2, Absent 0


    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Feinstein; Kirkeby

    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 1020: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the disclosure of parole eligibility at sentencing.

    Was read the second time.

    The question being "Shall HB 1020 pass?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Kirkeby

    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 revise certain provisions regarding the inspection of parole files.

    Was read the second time.

    Rep. Gosch moved that HB 1021 be deferred to Monday, January 24th, the 9th legislative day.

    Which motion prevailed.

    HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purpose of the 911 emergency surcharge and to provide rule-making authority to the 911 Coordination Board to establish allowable recurring and nonrecurring costs for the operation of a public safety answering point.

    Was read the second time.

    The question being "Shall HB 1014 pass?"

    And the roll being called:

    Yeas 69, Nays 0, Excused 1, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Kirkeby

    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 1017: FOR AN ACT ENTITLED, An Act to authorize the release of offender photographs and physical description for purposes of victim and community notification.

    Was read the second time.


    The question being "Shall HB 1017 pass?"

    And the roll being called:

    Yeas 68, Nays 1, Excused 1, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Hubbel

    Excused:
Kirkeby

    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 2:26 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 33 of the House Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of six former members of the South Dakota Legislature, namely: the Honorable Violet Biever; the Honorable Thomas J. Green; the Honorable Curtis Jones; the Honorable Hemming O. Oien; the Honorable William "Bill" Taylor; and the Honorable Gene E. Warkenthien; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that

justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-sixth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

    BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Eighty-sixth Session of the Legislature of the State of South Dakota, now assembled this 20th day of January, 2011, at Pierre, South Dakota.