House of Representatives Journal 1/26/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 26, 2011

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

The prayer was offered by the Chaplain, Pastor Les Potts, followed by the Pledge of Allegiance led by House page Andrea Paulson.

Roll Call: All members present.

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 tenth 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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1093 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1068, 1075, 1086, and 1088 and HJR 1001 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Justin Cronin, Vice Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1031 and 1032 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 1036 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 Commerce and Energy respectfully reports that it has had under consideration HB 1033 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1067 and 1069 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1040 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 5, of the printed bill, after "penalty" insert ", if the penalty is paid in full at the time of the acceptance of the plea".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1039 and 1066 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger W. Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 6, 9, 12, and 53 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the report of the Standing Committee on

Local Government on HB 1044 as found on pages 162 and 163 of the House Journal; also

Local Government on HB 1051 as found on page 163 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1172 Introduced by: Representatives Munsterman, Abdallah, Haggar, Hubbel, Kirkeby, and Venner and Senators Begalka, Brown, Holien, Krebs, Novstrup (Al), and Peters

FOR AN ACT ENTITLED, An Act to require the issuance of a request for proposals concerning the administration of the Medicaid program.

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

HB 1173 Introduced by: Representative Tulson and Senator Holien

FOR AN ACT ENTITLED, An Act to administer, conduct, and provide for fair elections.

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

HB 1174 Introduced by: Representatives Conzet, Abdallah, Kirkeby, Novstrup (David), Solum, Stricherz, and Tornow and Senators Rampelberg and Tieszen

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses issued at the county fairgrounds.

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

HB 1175 Introduced by: Representatives Perry, Brunner, Schaefer, Sly, Tulson, Venner, and White and Senator Gray

FOR AN ACT ENTITLED, An Act to establish a co-curricular fund and a co-curricular property tax levy for school districts to meet expenditures for co-curricular activities.

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

HB 1176 Introduced by: Representatives Van Gerpen, Carson, Liss, Munsterman, Olson (Betty), Perry, and Verchio and Senators Vehle and Sutton

FOR AN ACT ENTITLED, An Act to prohibit county commissioners from providing health insurance for themselves or other part-time county employees.

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

HB 1177 Introduced by: Representatives Verchio, Brunner, Hunhoff (Bernie), Jensen, Kirkeby, Kopp, Olson (Betty), Schaefer, and Schrempp and Senators Rampelberg, Frerichs, Lederman, Maher, Rhoden, and Sutton

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of eminent domain.

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

HB 1178 Introduced by: Representatives Nelson (Stace), Bolin, Gosch, Greenfield, Hansen (Jon), Hoffman, Hubbel, Jensen, Kopp, Liss, Magstadt, Miller, Moser, Olson (Betty), Russell, Solum, Steele, Stricherz, and Verchio and Senators Maher, Lederman, Nygaard, Rampelberg, and Rhoden

FOR AN ACT ENTITLED, An Act to restrict the entry of conservation officers onto certain private land without permission.

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

HB 1179 Introduced by: Representatives Kloucek, Dennert, Fargen, and Hunhoff (Bernie) and Senators Bradford, Begalka, Garnos, Gray, and Sutton

FOR AN ACT ENTITLED, An Act to permit local political subdivisions with volunteer advanced life support personnel to establish deferred compensation plans.

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

HB 1180 Introduced by: Representatives Willadsen, Conzet, Fargen, Gosch, Haggar, Hansen (Jon), Hickey, Hubbel, Lust, Moser, Nelson (Stace), Novstrup (David), Sly, Steele, Street, and Wick and Senators Cutler, Buhl, Peters, Schlekeway, and Sutton

FOR AN ACT ENTITLED, An Act to revise and repeal certain outdated provisions regarding land surveying.

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

HB 1181 Introduced by: Representatives Fargen, Blake, Dennert, Elliott, Feickert, Feinstein, Gibson, Hunhoff (Bernie), Jones, Kirkeby, Kirschman, Kloucek, Lucas, Schrempp, Sigdestad, and Verchio and Senators Frerichs, Bradford, Hundstad, Maher, and Sutton

FOR AN ACT ENTITLED, An Act to authorize the release of information related to users of certain state lodging facilities.

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

HB 1182 Introduced by: Representatives Fargen, Blake, Dennert, Elliott, Feickert, Feinstein, Gibson, Hawley, Hunhoff (Bernie), Jones, Kirkeby, Kirschman, Kloucek, Lucas, Schrempp, Sigdestad, Street, Verchio, and Wismer and Senators Sutton, Bradford, Frerichs, Hundstad, and Maher

FOR AN ACT ENTITLED, An Act to provide for the release of information relating to persons attending or invited to certain state-sponsored events.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 6: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Sisseton National Guard Armory to the city of Sisseton.

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

SB 9: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding eligibility requirements for the state risk pool.

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

SB 12: FOR AN ACT ENTITLED, An Act to provide for a Visitation Grant Advisory Group.

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

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the Veterans Commission and to veterans' rights, benefits, and services.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1060: 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 second time.

The question being "Shall HB 1060 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, 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; Kirkeby; 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

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 1010: FOR AN ACT ENTITLED, An Act to revise the definition of bulk pesticide.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing and regulation of grain buyers, grain warehouses, and weighmasters.

Was read the second time.

The question being "Shall HB 1016 pass?"

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; 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:
Greenfield

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 2:22 p.m. the House adjourned.

Karen Gerdes, Chief Clerk