JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION




EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 21, 2011

    The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Harry Swank, followed by the Pledge of Allegiance led by House page Brittany Fischer.

    Roll Call: All members present except Reps. Deelstra, Elliott, Feinstein, Kirkeby, and Schrempp 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 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,
Val Rausch, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1023 and 1024 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Manny Steele, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1034 and 1035 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1030 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Roger D. Solum, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 15, 16, 17, 31, 32, 39, 45, and 46 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary


MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 1 Introduced by: Representatives 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; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson, Stace; Novstrup, David; Olson, Betty; Perry, Rausch, Romkema; Rozum; Russell; Schaefer; Schrempp, Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-sixth Legislature of the State of South Dakota to Alec Adamski, Elizabeth Dahl, Sarah Dismounts, Caleb Finck, Brittany Fischer, Bailey Fish, Roberta Forman, Samantha Haverly, Chad Kruse, Emily Semmler, Isaiah Wonnenberg.

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

    WHEREAS, the members of the Eighty-sixth 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-sixth 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. Moser moved that House Page Resolution 1 be adopted.

    Which motion prevailed and the resolution was adopted.

    HCR 1001 Introduced by: Representatives Conzet, Bolin, Boomgarden, Brunner, Carson, Cronin, Deelstra, Dennert, Elliott, Hunt, Jensen, Juhnke, Munsterman, Novstrup (David), Solum, Stricherz, Verchio, and Willadsen and Senators Lederman, Brown, Buhl, Frerichs, Holien, Hundstad, Johnston, Maher, Novstrup (Al), Peters, Rampelberg, Rave, Sutton, Tidemann, and Vehle

        A CONCURRENT RESOLUTION, Honoring the historical, political, cultural, social, and economic relationships among Canada, the United States, and the State of South Dakota, and recognizing January 24, 2011, as Canada Day at the Capitol.

    WHEREAS, Canada and the United States share a rich and vibrant history of democratic governments, North American borders, military and security partnerships and alliances,

significant cultural, academic, and tourism ties, and deeply integrated and empowered trade and financial relationships; and

    WHEREAS, Canada and the State of South Dakota have a strong and durable relationship based upon history, language, trade, energy development, and diverse cultural and economic ties; and

    WHEREAS, Canada is the United States' largest trading partner, with $392 billion in goods traded between our two nations in 2009, and more than eight million United States jobs supported by that trade; and

    WHEREAS, Canada is the leading trading partner for the State of South Dakota, with a combined $687 million in goods trade with our nation's northern neighbor in 2009, and nearly 24,600 South Dakota jobs supported by that trade; and

    WHEREAS, the people of South Dakota and Canada continue to enjoy our mutual hospitality, with a combined 158,200 tourist visits between the two, and $58 million spent during those visits; and

    WHEREAS, the Honorable Martin Loken, Consul General for Canada in Minneapolis, Minnesota, whose regional jurisdiction includes the State of South Dakota, is visiting the State Capitol in Pierre, South Dakota, as an honored guest on January 24, 2011, bringing greetings from his nation; and

    WHEREAS, the Honorable Consul General Martin Loken is hosting a reception on the evening of January 24, 2011, to celebrate the relationship between the State of South Dakota and the nation of Canada:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-sixth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature wishes to acknowledge the long and rich history of friendship and trade between the State of South Dakota and the neighboring nation of Canada, and to recognize the visit of Consul General Loken, with deep appreciation for his keen interest in fostering close ties between Canada and the State of South Dakota, by proclaiming the 24th day of January, 2011, CANADA DAY AT THE SOUTH DAKOTA STATE CAPITOL.

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


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1056 Introduced by: Representatives Miller, Abdallah, Blake, Bolin, Boomgarden, Deelstra, Dennert, Elliott, Fargen, Feinstein, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Jensen, Jones, Killer, Kirkeby, Kloucek, Kopp, Magstadt, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Rozum, Schaefer, Steele, Stricherz, Tulson, Van Gerpen, Wick, and Willadsen and Senators Lederman, Adelstein, Begalka, Brown, Buhl, Heineman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Rampelberg, Rave, and Schlekeway

    FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged and to revise certain provisions regarding county regulation of fireworks.

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

    HB 1057 Introduced by: Representatives Deelstra, Cronin, Feickert, Kirkeby, Olson (Betty), and Venner and Senators Holien, Bradford, Buhl, Fryslie, and Tieszen

    FOR AN ACT ENTITLED, An Act to repeal the provision that requires the county auditor to assist in locating unregistered mobile homes.

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

    HB 1058 Introduced by: Representatives Willadsen, Conzet, Hawley, Hubbel, Jones, Novstrup (David), and Solum and Senators Nelson (Tom), Frerichs, Lederman, and Rave

    FOR AN ACT ENTITLED, An Act to clarify the definition of motor vehicle for the purpose supplemental automobile liability insurance.

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

    HB 1059 Introduced by: Representatives Miller, Magstadt, and Nelson (Stace) and Senator Lederman

    FOR AN ACT ENTITLED, An Act to revise the examination required to practice cosmetology.

    Was read the first time and referred to the Committee on Health and Human Services.


    HB 1060 Introduced by: Representatives Venner, Cronin, Feickert, Kirkeby, and Street and Senators Hunhoff (Jean), Bradford, Fryslie, Lederman, and Maher

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how motor vehicle license fees are distributed in the unorganized territories of a county.

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

    HB 1061 Introduced by: Representatives Hunt, Brunner, Dennert, Feickert, Haggar, Jensen, Liss, Miller, Munsterman, Nelson (Stace), Olson (Betty), Sly, Steele, and Verchio and Senators Rhoden, Begalka, Frerichs, Fryslie, Lederman, and Sutton

    FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of registered midwives.

    Was read the first time and referred to the Committee on Health and Human Services.

    HB 1062 Introduced by: Representatives Lust, Brunner, Dryden, Moser, Perry, Rausch, and Romkema and Senators Nygaard, Nelson (Tom), Rhoden, Schlekeway, Tieszen, and Vehle

    FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

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

    HB 1063 Introduced by: Representatives Olson (Betty), Brunner, Juhnke, Nelson (Stace), Russell, Schrempp, and Verchio and Senators Maher, Bradford, Garnos, Lederman, and Sutton

    FOR AN ACT ENTITLED, An Act to provide for the deposit in the general fund of the proceeds from the sale of certain contraband or abandoned items by the Department of Game, Fish and Parks.

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

    HB 1064 Introduced by: Representatives Olson (Betty), Brunner, Feickert, Hoffman, Jensen, Juhnke, Kirkeby, Romkema, Rozum, Russell, Schrempp, Steele, and Verchio and Senators Maher, Nelson (Tom), and Rhoden

    FOR AN ACT ENTITLED, An Act to deposit certain funds associated with snowmobiles and motorized boats into the state highway fund.

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


    HB 1065 Introduced by: Representatives Olson (Betty), Brunner, Greenfield, Hansen (Jon), Hoffman, Juhnke, Kirkeby, Russell, Schrempp, Sly, and Verchio and Senators Maher and Garnos

    FOR AN ACT ENTITLED, An Act to transfer money from the Department of Game, Fish and Parks to South Dakota State University for wildlife and fisheries instruction.

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

    HB 1066 Introduced by: Representatives Stricherz, Abdallah, Bolin, Boomgarden, Elliott, Hickey, Hoffman, Hubbel, Jensen, Kirkeby, Kirschman, Liss, Lucas, Magstadt, Moser, Nelson (Stace), Olson (Betty), Russell, Sly, Steele, Street, Van Gerpen, Venner, Verchio, and White and Senators Maher, Lederman, and Olson (Russell)

    FOR AN ACT ENTITLED, An Act to provide a penalty for violations of custody or visitation decrees.

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

    HB 1067 Introduced by: Representatives Novstrup (David), Blake, Brunner, Conzet, Dryden, Gibson, Kirkeby, Moser, Turbiville, and White and Senators Cutler, Adelstein, Buhl, Gray, Haverly, Krebs, and Tieszen

    FOR AN ACT ENTITLED, An Act to revise the lookback period for the enhancement of penalties for multiple assaults and violations of protection orders.

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

    HB 1068 Introduced by: Representatives Olson (Betty), Hansen (Jon), Nelson (Stace), Russell, and Verchio and Senators Maher and Rhoden

    FOR AN ACT ENTITLED, An Act to require that certain land acquisitions by the State of South Dakota be conditioned upon subsequent legislative approval.

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

    HB 1069 Introduced by: Representatives Rozum, Blake, Bolin, Carson, Deelstra, Gibson, Hickey, Hubbel, Kirkeby, Magstadt, Miller, Nelson (Stace), Olson (Betty), Perry, Turbiville, Van Gerpen, Verchio, and Willadsen and Senators Vehle, Buhl, Garnos, Hansen (Tom), Nelson (Tom), and Tieszen

    FOR AN ACT ENTITLED, An Act to define electronic communication devices for certain crimes involving threatening or harassing calls.


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

    HB 1070 Introduced by: Representatives Sly, Bolin, Brunner, Elliott, Kirschman, Lucas, Perry, and Stricherz and Senators Garnos, Cutler, Haverly, and Maher

    FOR AN ACT ENTITLED, An Act to require schools districts to employ certified school counselors, and to prohibit school districts from employing school counselors who are not certified.

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

    HB 1071 Introduced by: Representatives Van Gerpen, Liss, Miller, Rozum, and Verchio and Senator Rhoden

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the salaries and per diem of county commissioners.

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

    HB 1072 Introduced by: Representatives Kloucek, Fargen, Hoffman, Jones, Olson (Betty), Schaefer, Schrempp, and Wismer and Senators Sutton, Bradford, and Nygaard

    FOR AN ACT ENTITLED, An Act to provide for a study of the feasibility of establishing an equine processing facility and to make an appropriation therefor.

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

    HB 1073 Introduced by: Representatives Kloucek, Hoffman, Jones, Kopp, Olson (Betty), Schaefer, and Sigdestad and Senators Sutton, Bradford, Frerichs, and Tieszen

    FOR AN ACT ENTITLED, An Act to authorize a loan from the REDI fund for the purpose of constructing an equine processing facility.

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

    HJR 1001 Introduced by: Representatives Kloucek, Dennert, Schaefer, and Sigdestad and Senators Frerichs and Bradford

    A JOINT RESOLUTION, To propose a constitutional amendment to provide for the purchase, construction, and operation of a horse processing plant.

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



FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 15: FOR AN ACT ENTITLED, An Act to revise the definition of accredited prevention or treatment facilities and to authorize the Division of Drug and Alcohol Abuse to inspect these facilities and access their records.

    Was read the first time and referred to the Committee on Health and Human Services.

    SB 16: FOR AN ACT ENTITLED, An Act to authorize licensure of persons graduating from social work programs that are in candidacy status.

    Was read the first time and referred to the Committee on Health and Human Services.

    SB 17: FOR AN ACT ENTITLED, An Act to provide for a property tax exemption for certain property leased by the Science and Technology Authority.

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

    SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the expungement of arrest records.

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

    SB 32: FOR AN ACT ENTITLED, An Act to revise the time period to update certain sex offender registration information and to require the collection of passport and professional license information for such registration purposes.

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

    SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding what organizations qualify for an exemption from sales tax as a relief agency or a religious educational institution.

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

    SB 45: FOR AN ACT ENTITLED, An Act to repeal the requirement to prepare a report on extending health insurance to medically uninsurable individuals who are not part of a small employer group.

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



    SB 46: FOR AN ACT ENTITLED, An Act to provide that the state treasurer shall receive certain cost penalties in certain alcoholic beverage cases.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Lust moved that the balance of the calendar including HB 1013, 1025, 1028, 1011, 1029, 1009, and 1037 be deferred to Monday, January 24th, the 9th legislative day.

    Which motion prevailed.

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:22 p.m. the House adjourned.

Karen Gerdes, Chief Clerk