House of Representatives Journal 2/1/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

FOURTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 1, 2011

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

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages JaCee Dennert, Kaitlyn Galbraith, and Shanna Geist.

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 thirteenth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1001 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 HB 1002 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 10, of the printed bill, after "factors" insert "affecting productivity".

On page 2, line 5, after "adjustment" insert "concerning productivity".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1097 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 50 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 SB 16 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 1152 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 3, of the printed bill, after "may" delete "screen and" and insert "develop and implement a random drug screening program to".

On page 1, delete line 4, and insert "is eligible for temporary assistance for needy families cash benefits.".

On page 1, delete line 5.

On page 1, line 7, delete "is" and insert "may become".

On page 1, line 8, after "year" insert "and the person shall be referred for appropriate professional or agency assistance".

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 1120 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 17 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 1159 and 1167 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1141 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 1096 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 1078 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Justin Cronin, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 10, 11, 34, 37, 44, 61, 62, 67, 94, 110, and 111 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1003: A CONCURRENT RESOLUTION, Requesting the Federal Communications Commission to make substantive changes to the National Broadband Plan.

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Rep. Gosch moved that HCR 1003 be amended as follows:

On page 2, line 1, of the printed resolution, delete "pursueing" and insert "pursuing".

On page 3, line 4, delete "is" and insert "are".

Which motion prevailed.

Rep. Gosch moved that HCR 1003 as found on pages 214 and 215 of the House Journal be adopted as amended.

The question being on Rep. Gosch's motion that HCR 1003 be adopted as amended.

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 motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted as amended.

SCR 2: A CONCURRENT RESOLUTION, Urging the United States Congress to appropriate $35 million in fiscal year 2012 for the Lewis and Clark Regional Water System

Rep. Willadsen moved that SCR 2 as found on pages 211 and 212 of the Senate Journal be concurred in.

The question being on Rep. Willadsen's motion that SCR 2 be concurred in.

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; 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; 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

Excused:
Russell

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on HB 1058 as found on page 213 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1255 Introduced by: The Committee on Health and Human Services

FOR AN ACT ENTITLED, An Act to provide for the award of joint physical custody of children under certain circumstances.

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

HB 1256 Introduced by: The Committee on Taxation

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of new or used vehicles and the sale of certain emergency vehicles.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10: FOR AN ACT ENTITLED, An Act to appropriate certain funds for the construction of a new dairy manufacturing plant at South Dakota State University and to declare an emergency.

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

SB 11: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources fund to the State Conservation Commission and to declare an emergency.

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

SB 34: FOR AN ACT ENTITLED, An Act to create the crime of possessing, selling, or distributing certain substances intended for the purpose of intoxication.

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

SB 37: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

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

SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding representations and warranties in insurance and annuity applications.

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

SB 61: FOR AN ACT ENTITLED, An Act to authorize board members of sanitary districts to contract with the districts in limited cases.

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

SB 62: FOR AN ACT ENTITLED, An Act to revise procedures and amounts relating to compensation and expense reimbursement for sanitary district board members.

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

SB 67: FOR AN ACT ENTITLED, An Act to reduce the minimum size for improvement districts.

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

SB 94: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to building energy codes.

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

SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to collateral real estate mortgages.

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

SB 111: FOR AN ACT ENTITLED, An Act to extend for two years the period of time in which school districts may expend capital outlay funds for certain transportation, insurance, energy, and utility costs.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1080: FOR AN ACT ENTITLED, An Act to modify the date on which the annual financial reports of school districts are considered past due.

Was read the second time.

The question being "Shall HB 1080 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; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Russell

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 1015: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

Was read the second time.

The question being "Shall HB 1015 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; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Russell

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 1052: FOR AN ACT ENTITLED, An Act to revise the allowable ratio of pharmacy technicians to pharmacists.

Was read the second time.

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Rep. Elliott moved that HB 1052 be amended as follows:

On page 1 of the printed bill, delete lines 8 to 15, inclusive.

On page 2, delete lines 1 to 24, inclusive.

On page 3, delete lines 1 to 14, inclusive.

Which motion prevailed.

The question being "Shall HB 1052 pass as amended?"

And the roll being called:

Yeas 36, Nays 34, Excused 0, Absent 0

Yeas:
Blake; Bolin; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lucas; Magstadt; Miller; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Steele; Street; Tulson; Van Gerpen; Venner; Verchio; Wismer

Nays:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hoffman; Hunt; Juhnke; Kopp; Lust; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Solum; Stricherz; Tornow; Turbiville; Vanneman; White; Wick; Willadsen; Wink; 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 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting hearings to vacate municipal streets or alleys.

Was read the second time.

The question being "Shall HB 1092 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.

HB 1045: FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide preventive and therapeutic services to more persons under certain circumstances.

Was read the second time.

The question being "Shall HB 1045 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to private shooting preserves.

Was read the second time.

The question being "Shall HB 1005 pass as amended?"

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; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; 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:
Iron Cloud III

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 1070: 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 second time.

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Rep. Sly moved that HB 1070 be amended as follows:

On page 1 of the printed bill, delete lines 7 to 12, inclusive, and insert:

" If a school district employs a school counselor, on either a full-time or part-time basis, or contracts for the services of a school counselor through an educational cooperative or other entity, that school counselor shall be certified in accordance with the standards established by the South Dakota Board of Education pursuant to § 13-1-12.1.".

Which motion prevailed.

The question being "Shall HB 1070 pass as amended?"

And the roll being called:

Yeas 35, Nays 35, Excused 0, Absent 0

Yeas:
Blake; Bolin; Conzet; Cronin; Dennert; Dryden; Elliott; Feickert; Hawley; Hickey; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Miller; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema; Schaefer; Sigdestad; Sly; Solum; Steele; Stricherz; Turbiville; Venner; Verchio; White; Wick

Nays:
Abdallah; Boomgarden; Brunner; Carson; Deelstra; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Liss; Magstadt; Moser; Olson (Betty); Rozum; Russell; Schrempp; Street; Tornow; Tulson; Van Gerpen; Vanneman; Willadsen; Wink; Wismer; Speaker Rausch

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

Rep. Sly announced her intention to reconsider the vote by which HB 1070 was lost.

HB 1119: FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain alcoholic beverage licenses.

Was read the second time.

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Rep. Munsterman moved that HB 1119 be amended as follows:

On page 1, line 13, of the printed bill, delete "shall" and insert "may".

Which motion prevailed.

The question being "Shall HB 1119 pass as amended?"

And the roll being called:

Yeas 48, Nays 22, Excused 0, Absent 0

Yeas:
Abdallah; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Elliott; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hoffman; Hunt; Juhnke; Kirkeby; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Tornow; Tulson; Turbiville; Vanneman; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Bolin; Dennert; Fargen; Feickert; Feinstein; Gibson; Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirschman; Kloucek; Lucas; Street; Stricherz; Van Gerpen; Venner; Wismer

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.

COMMEMORATIONS

HC 1006 Introduced by: Representatives Nelson (Stace) and Hansen (Jon) and Senator Rave

A LEGISLATIVE COMMEMORATION, Acknowledging the Canistota Hawks High School Football Team for winning the State 9B Football Championship in 2010.

WHEREAS, the Canistota Football Team won their state championship under the skillful leadership of head coach Lenny Schroeder and assistant coaches James Strang, Brad Struck, and Jay Bruggeman; and

WHEREAS, the Canistota High School Football Team was held together by unmatched team unity and determination throughout the 2010 championship season by all of the players: Alex Robertson, Nathan Dick, Cody Bunger, Isaac Fuhrman, Sam Jolley, Seth Sperling, Nic Golder, Boone DeKramer, Jeb Olsen, Dylan Seubert, Zack Hofer, Nick Hofer, Devin Denison, Eric Tieszen, Jason Van Winkle, Trevor Schroeder, Troy Hofer, Seth Weidenbach, Bryce Golder, Alex Nettleton, Nathan Nugteren, Tyler Decker, Michael Keller, Ryan Tieszen, Jalen Weber, Tim Adams, Colton Golder, Mart Anderson; and managers: Scott Jolley, Hunter Sperling, Mason Decker, and Mitch Klinkhammer; and statisticians: Colleen Bevers, Dani Marquardt, Haley Jerman Kayla Marquardt, Lexys Sandman, and Taylor Van Winkle; and cheerleaders: Abby Klyaic, Morgan Larson, Jenny Hofer, Sydney Randall, Tanisha Remer, Kirsten Danley, and Kayla Schwartz; and cheer coach: Tracy Hofer; and superintendent: Chad Janzen; and principal: Larry Nebelsick; and athletic director: Pat Jolley; and

WHEREAS, all of these students, coaches, faculty, and the great community of Canistota demonstrated outstanding support and dedication to the Hawks during their quest, which was instrumental to their achievement of the State 9B Football Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Canistota High School Football Team and its coaching staff be congratulated and commended for their outstanding performances in the 2010 season.

HC 1007 Introduced by: Representatives Feinstein, Blake, Boomgarden, Fargen, Gibson, Hansen (Jon), Moser, Nelson (Stace), Novstrup (David), Rausch, and Stricherz and Senators Krebs, Cutler, Holien, Hunhoff (Jean), and Schlekeway

A LEGISLATIVE COMMEMORATION, Commending the South Dakota Dental Association, the Donated Dental Services Program, and the Delta Dental Plan of South Dakota for their care of the elderly and disabled in South Dakota.

WHEREAS, members of the South Dakota Dental Association, through the Donated Dental Services Program, have been dedicated to providing free dental treatment to South Dakotans who are either elderly or disabled; and

WHEREAS, one hundred eighty-three volunteer dentists and thirty-seven volunteer dental laboratories have provided more than two million dollars of free services to nine hundred fifty patients since the program's inception in 1998; and

WHEREAS, Delta Dental of South Dakota has provided ongoing financial support for the administration of the Donated Dental Services Program; and

WHEREAS, no other state in the Union has a higher percentage of dentists participating in the Donated Dental Services Program; and

WHEREAS, the strength and vitality of the State of South Dakota and our communities depend, in great measure, upon devoted programs such as the South Dakota Donated Dental Services Program:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the South Dakota Dental Association and the Delta Dental Plan of South Dakota, along with the Donated Dental Services Program, be congratulated and commended for their care and dedication to the elderly and disabled citizens of our state.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:38 p.m. the House adjourned.

Karen Gerdes, Chief Clerk