House of Representatives Journal 2/3/2011 01:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 3, 2011

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Michala Jones, Brittany Knutson, and Melaney Maag.

Roll Call: All members present except Reps. Deelstra, Dryden, Feinstein, and Vanneman 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 fifteenth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1074 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 1123, 1124, and 1188 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Charles Hoffman, Vice Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 14 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 1061 and returns the same with the recommendation that said bill be amended as follows:

On page 5 of the printed bill, delete lines 3 and 4, and insert:

" Section 13. No licensed health care provider or hospital or agent thereof is liable for any injury which directly or indirectly arises out of, or is the result of, an act or omission by a registered midwife.".

On page 4, between lines 22 and 23 of the printed bill, insert:

" The registered midwife shall provide the client's health records to the hospital identified in the transport plan at least one month prior to the expected delivery date. However, no client health records may be transmitted unless the client has provided specific consent permitting the midwife to share the client's health records with the hospital in compliance with this section and

with relevant federal and state patient privacy laws. A copy of the signed consent shall be transmitted to the hospital with the health records. If consent is not granted by the client, the midwife shall notify the hospital that the hospital is included in a home birth transport plan and identify the estimated due date. In any event, if there is no transport, the registered midwife shall notify the hospital within one week after delivery.".

And that as so amended said bill do pass.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 18 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 Transportation respectfully reports that it has had under consideration HB 1214 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1111 and returns the same with the recommendation that said bill be referred to the Committee on State Affairs.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1205 which was tabled.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1063, 1065, 1072, and 1073 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1114 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 1118 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 1176 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1004, 1017, 1018, 1019, 1020, and 1021 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 3, 4, 28, 35, 64, 69, 75, 88, 89, 90, and 106 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 2 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 Jordan Abu-Sirriya, Michelle Corio, JaCee Dennert, Kaitlyn Galbraith, Shanna Geist, Caitlin Getty, Matthew Johnson, Michala Jones, Brittany Knutson, Melaney Maag, Nicole Messner, Andrea Paulson, Becky Plumage, Megan Raposa, Brenna Rausch, Rebecca Runge, Max Sauer, Loriann Schimke, Evan Stroeder.

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. Hoffman moved that House Page Resolution 2 be adopted.

Which motion prevailed and the resolution was adopted.

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.

Rep. Turbiville moved that SCR 4 as found on pages 237 and 238 of the Senate Journal be concurred in.

The question being on Rep. Turbiville's motion that SCR 4 be concurred in.

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dennert; Elliott; Fargen; Feickert; 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; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Deelstra; Dryden; Feinstein; Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

HCR 1004 Introduced by: Representatives Steele, Abdallah, Boomgarden, Brunner, Carson, Deelstra, Greenfield, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunt, Jensen, Kirkeby, Kopp, Liss, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Rozum, Russell, Schaefer, Sly, Tulson, Turbiville, Van Gerpen, Vanneman, Verchio, White, and Wick and Senators Begalka, Garnos, Holien, Lederman, Maher, Novstrup (Al), Rampelberg, and Rhoden

A CONCURRENT RESOLUTION, Making certain legislative findings about the constitutionality of the federal health care system.

WHEREAS, the Legislature finds that no authority exists in the United States Constitution to justify the enactment of any federal statute which interferes with the right of any person or entity to choose their personal physician, private health care system, or private health care coverage; and

WHEREAS, the Legislature further finds that no authority exists in the United States Constitution to justify the enactment of any federal statute which imposes any penalty, tax, fee, or fine, of any type, for declining to purchase health care coverage or participate in any particular health care system or plan:

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, the Legislature finds that in the absence of such specific authority, and in conjunction with the unenumerated and reserved powers retained by the people and the states pursuant to the ninth and tenth amendments, all such federal legislation is inherently unconstitutional.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1133 as found on page 258 of the House Journal; also

Commerce and Energy on HB 1085 as found on page 259 of the House Journal; also

State Affairs on HB 1139 as found on pages 259 and 260 of the House Journal; also

Judiciary on HB 1062 as found on pages 260 and 261 of the House Journal; also

Judiciary on HB 1154 as found on pages 261 and 262 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of the state seal.

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

SB 4: FOR AN ACT ENTITLED, An Act to update certain standards governing pedestrian control signals.

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

SB 28: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authority of the secretary of transportation to create limited speed zones through highway work areas and to declare an emergency.

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

SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of taking pictures without consent and to provide for a felony penalty under certain circumstances.

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

SB 64: FOR AN ACT ENTITLED, An Act to provide that interest paid on negative balances in employers' experience rating accounts be credited to their experience rating accounts.

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

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to county veterans memorials.

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

SB 75: FOR AN ACT ENTITLED, An Act to revise the requirements for the annual conference held for the directors of equalization.

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

SB 88: FOR AN ACT ENTITLED, An Act to revise certain penalties involving the bribery of a voter.

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

SB 89: FOR AN ACT ENTITLED, An Act to clarify a municipality's ability to assess a fee for street maintenance.

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

SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incremental districts.

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

SB 106: FOR AN ACT ENTITLED, An Act to provide for reciprocal nonresident trapping licenses.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses issued at the county fairgrounds.

Was read the second time.

The question being "Shall HB 1174 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Deelstra; Dryden; Feinstein; Vanneman

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 1180: FOR AN ACT ENTITLED, An Act to revise and repeal certain outdated provisions regarding land surveying.

Was read the second time.

The question being "Shall HB 1180 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Deelstra; Dryden; Feinstein; Vanneman

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

Rep. Lust moved that the balance of the calendar including HB 1002 and 1152 and SB 16 be deferred to Monday, February 7^th, the 17^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1004, 1017, 1018, 1019, 1020, and 1021 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1004: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2010.

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.

HB 1018: FOR AN ACT ENTITLED, An Act to provide for a partial early final discharge from parole.

HB 1019: FOR AN ACT ENTITLED, An Act to include employees responsible for persons on supervised release or probation and members of the Board of Pardons and Paroles in protections afforded law enforcement and judicial officers.

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

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the inspection of parole files.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:29 p.m. the House adjourned.

Karen Gerdes, Chief Clerk