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

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

FIFTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 2, 2011

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

The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by House pages Caitlin Getty and Matthew Johnson.

Roll Call: All members present except Rep. Juhnke 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 fourteenth 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.

Speaker Rausch introduced the Honorable Kristi Noem, United States Representative from South Dakota, who spoke briefly.

Speaker Rausch introduced the 2009-2010 Outstanding School Administrators of South Dakota: Dean Christensen, Deuel, School Superintendent; Susan Proefrock, Belle Fourche, School Business Official; Micy Highstreet, Tri-Valley, Elementary School Principal; Steve Benson, Deuel, Secondary School Principal; Kyley Cumbow, Pierre, Assistant Middle School Principal; Becky Guffin, Aberdeen, Curriculum Director, and Kristi Wallin, Lennox, Director of Special Education.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1133 and returns the same with the recommendation that said bill be amended as follows:

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On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That § 13-27-2 be amended to read as follows:

13-27-2. Upon ~~receipt~~ filing of an application with a school official from the parent or guardian of the child for the reasons set forth in § 13-27-3, ~~school boards of all school districts shall excuse a child from school attendance in executive session using a case number~~ the child shall be excused, without the necessity of school board action, subject to revocation thereafter as provided in this chapter. School boards of all school districts may excuse a child from public school attendance for the reasons set forth in §§ 13-27-6 and 13-27-6.1. "

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On page 1, line 1, of the printed bill, delete "certain forms used" and insert "the excusal of".

On page 1, line 2, delete "to excuse".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1095 and 1150 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1174 and 1180 and returns the same with the recommendation that said bills 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 1085 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, line 7, of the printed bill, after "line 7" insert "Any political sign erected in violation with this section is also in violation of chapter 12-27.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1135 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1139 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 5, of the printed bill, remove the overstrikes from "~~, other than a public~~".

On page 1, line 6, remove the overstrikes from "~~employee lobbyist,~~".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1106, 1107, 1121, 1181, and 1182 and HJR 1002 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1062 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 11, of the printed bill, after "29A-5" insert ", but excludes one who is merely a guardian ad litem".

On page 1, line 12, after "guardian" insert ", limited guardian, or temporary guardian".

On page 2, delete line 1.

On page 2, line 2, delete "(7)" and insert "(6)".

On page 2, line 4, delete "(8)" and insert "(7)".

On page 2, line 4, delete "incapacitated person or" and insert ",".

On page 2, delete line 8, and insert "(8) "Protected person" means an adult for whom a guardian or conservator has been appointed.".

On page 2, line 9, delete "(10)" and insert "(9)".

On page 2, line 11, delete "(11)" and insert "(10)".

On page 2, between lines 12 and 13, insert:

" (11) "Provisional order" means a temporary, preliminary, or tentative order which must be finalized by a subsequent order.".

On page 2, line 15, after "adult" insert "alleged to need protection".

On page 3, line 19, delete "incapacitated or".

On page 6, line 16, delete "guardian" and insert "temporary guardian pursuant to § 29A-5-315".

On page 6, line 17, after "state" insert "unless extended by the court for up to an additional ninety days for good cause shown".

On page 6, line 20, delete "an incapacitated or" and insert "the".

On page 10, line 6, delete "incapacitated".

On page 10, line 7, before "protected" delete "or".

On page 10, line 12, delete "incapacitated" and insert "protected".

On page 10, line 16, delete "incapacitated" and insert "protected".

On page 10, line 17, delete "incapacitated" and insert "protected".

On page 11, line 21, delete "incapacitated".

On page 11, line 22, before "protected" delete "or".

On page 12, line 3, delete "incapacitated or".

On page 12, line 13, delete "incapacitated or".

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 1154 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 6, of the printed bill, delete "abuse" and insert "violence".

On page 1, line 8, delete "abuse" and insert "violence".

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On page 1 of the printed bill, delete line 2, and insert "violence to support domestic violence programs.".

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 1151 and 1156 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 return herewith HB 1014 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 5, 22, 55, 102, 129, and 142 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

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

Rep. Sly moved that the House do now reconsider the vote by which HB 1070 lost.

The question being on Rep. Sly's motion to reconsider the vote by which HB 1070 lost.

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Gibson; Greenfield; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Venner; White; Wick

Nays:
Boomgarden; Carson; Feinstein; Gosch; Haggar; Hansen (Jon); Iron Cloud III; Magstadt; Nelson (Stace); Russell; Schrempp; Tornow; Van Gerpen; Vanneman; Verchio; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Juhnke

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1070 was up for reconsideration and final passage.

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.

Having had its second reading was up for consideration and final passage.

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

And the roll being called:

Yeas 46, Nays 23, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hickey; Hubbel; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lucas; Lust; Miller; Munsterman; Novstrup (David); Perry; Romkema; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Venner; Verchio; White; Wick

Nays:
Boomgarden; Carson; Gosch; Haggar; Hansen (Jon); Hoffman; Hunhoff (Bernie); Hunt; Kopp; Magstadt; Moser; Nelson (Stace); Olson (Betty); Rozum; Russell; Street; Tornow; Van Gerpen; Vanneman; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Juhnke

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

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

On page 1, line 1, of the printed bill, delete "require school districts to employ certified school".

On page 1, line 2, delete "counselors, and to".

Which motion prevailed and the title was so amended.

SCR 4: A CONCURRENT RESOLUTION, Endorsing the adoption of a national flag to honor and remember those who died while serving in America's military.

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

Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 3^rd, the 16^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1002 as found on page 242 of the House Journal; also

Health and Human Services on HB 1152 as found on page 243 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 5: FOR AN ACT ENTITLED, An Act to revise the maximum distance from a bridge for posting maximum vehicle weight warning signage.

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

SB 22: FOR AN ACT ENTITLED, An Act to provide for the regulation and licensure of birth centers.

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

SB 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from snowmobiles.

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

SB 102: FOR AN ACT ENTITLED, An Act to repeal an outdated provision regarding the assessment of property for school districts.

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

SB 129: FOR AN ACT ENTITLED, An Act to revise which county employees may assist in the execution of United States passport applications and to declare an emergency.

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

SB 142: FOR AN ACT ENTITLED, An Act to repeal the requirement that members of certain boards and commissions receive the advice and consent of the Senate.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to House Rule 7-1, the Speaker removed SB 16 from the Consent Calendar.

HB 1058: FOR AN ACT ENTITLED, An Act to clarify the definition of motor vehicle for the purpose of supplemental automobile liability insurance.

Was read the second time.

The question being "Shall HB 1058 pass as amended?"

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; 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

Excused:
Juhnke

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 1096: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the appointment of municipal officers.

Was read the second time.

The question being "Shall HB 1096 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Juhnke

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 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

Was read the second time.

The question being "Shall HB 1001 pass?"

And the roll being called:

Yeas 67, Nays 2, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; 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; Wink; Wismer; Speaker Rausch

Nays:
Lust; Willadsen

Excused:
Juhnke

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 1141: FOR AN ACT ENTITLED, An Act to establish a date to begin absentee voting and to revise the deadline for the printing of ballots.

Was read the second time.

The question being "Shall HB 1141 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Juhnke

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

SB 50: FOR AN ACT ENTITLED, An Act to revise certain certification levels of emergency medical technicians.

Was read the second time.

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Rep. Boomgarden moved that SB 50 be amended as follows:

On page 1, line 12, of the printed bill, after "intermediate/99;" insert "emergency medical technician-advanced;".

Which motion prevailed.

The question being "Shall SB 50 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Juhnke

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 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 second time.

The question being "Shall SB 17 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; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; 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

Excused:
Juhnke

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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1014 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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.

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.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1008 Introduced by: Representatives Tulson, Abdallah, Bolin, Brunner, Carson, Cronin, Deelstra, Dryden, Gosch, Greenfield, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunt, Jensen, Juhnke, Kirkeby, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Rausch, Romkema, Rozum, Russell, Schaefer, Sly, Solum, Steele, Stricherz, Tornow, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, and Wink and Senator Fryslie

A LEGISLATIVE COMMEMORATION, Commending and honoring the Arlington Cardinals Girls State Class B Volleyball Championship Team, coaches, and staff.

WHEREAS, the 2010 Girls State Class B Champion Arlington Cardinals were led by head coach Anita Boeck and assistant coaches Lisa Parry and Lauren Antonen; K-12 principal Rhonda Gross; superintendent/athletic director Chris Lund; seniors Kelsey Warnke, Megan Keiser, Anne Jensen, Jacklyn Jencks; juniors Richele Lemme, Beth Sampson, Lanny Gross, Kelsey Kaufmann; freshmen Brooklyn Judstra, Samantha Boeck, Brooke Hennrich, Brett Heuer; junior varsity BreAnna Hennrich, Noele Gross, Brett Heuer, Lexy Olson, Katelyn Judstra, Brianne Christensen, Janae Sampson, Kendra Wallace; and supported by student managers Chloe Gross and Kaylee Wallace.

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that we honor the 2010 South Dakota Girls State Class B Volleyball Championship Team from Arlington, South Dakota.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:02 p.m. the House adjourned.

Karen Gerdes, Chief Clerk