House of Representatives Journal 2/10/2011 01:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 10, 2011

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

The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House pages Hannah Gacke and Kallista Heath.

Roll Call: All members present except Reps. Elliott, Feinstein, and Jensen 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 nineteenth 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.

COMMUNICATIONS AND PETITIONS

February 8, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I approved House Bills 1004, 1014, 1017, 1018, 1019, 1020, and 1021, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

HONORED GUESTS

Rep. Vanneman introduced McKenzie Haley, 2011 Miss Rodeo America, from Winner, South Dakota.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1047 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 1046, 1049, and 1143 which were tabled.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1245, 1246, 1247, and 1249 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1103 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 5 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 1192 and returns the same with the recommendation that said bill be amended as follows:

1192fa

On page 2, line 3, of the printed bill, delete "sixty-seven" and insert "eighty-two".

On page 2, line 5, remove the overstrikes from ";" and before ";" insert "from 8,001 to 20,000 pounds, inclusive, six dollars".

On page 2, line 6, remove the overstrikes from "~~(3) For~~".

On page 2, delete line 11, and insert "~~pounds, twenty-four dollars~~ a vehicle in excess of 20,000 pounds, the total license fee shall be forty-five percent of the total license fee established for commercial vehicles of equivalent weight pursuant to § 32-9-15.".

On page 4, between lines 19 and 20, insert:

" Section 7. That § 32-6B-23 be amended to read as follows:

shall be displayed on the rear of any motorcycle, or trailer, semitrailer, or travel trailer, owned by the dealer while traveling on a public highway. Any vehicle owned by the licensed dealer and bearing the dealers' metal plate may be operated on the streets and highways of this state for any purpose, including demonstration by a prospective buyer. All money collected pursuant to this section shall be distributed in the manner specified in § 32-11-2 and §§ 32-11-4.1 to 32-11-9, inclusive.

Section 8. That § 32-6B-36.3 be amended to read as follows:

32-6B-36.3. The department shall issue metal numerical license plates to an auction agency upon application and payment of a ~~forty-two~~ sixty-three dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in §§ 32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number "99." The plates may be issued for a multiple year period. If an auction agency's license is revoked or canceled or the auction agency goes out of business, the "99" plates shall be returned to the department. If any person operates a motor vehicle with "99" plates after the auction agency's license is revoked or canceled or after the auction agency goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor. ".

On page 6, line 12, delete "eighty" and insert "one hundred".

On page 6, line 14, remove the overstrikes from ";" and before ";" insert "from 8,001 to 20,000 pounds, inclusive, ten dollars".

On page 6, line 15, remove the overstrikes from "~~(3) For~~".

On page 6, delete line 20, and insert "~~pounds, twenty-four dollars~~ a vehicle in excess of 20,000 pounds, the total license fee shall be sixty percent of the total license fee established for commercial vehicles of equivalent weight pursuant to § 32-9-15.".

On page 9, between lines 1 and 2, insert:

" Section 15. That § 32-6B-23 be amended to read as follows:

32-6B-23. The department shall issue to any motorcycle dealer and trailer dealer licensed pursuant to this chapter metal number plates bearing a prefix of the letter "D" and containing a distinguishing identification number of the licensee. The dealer shall make application to the department for the plates and pay a fee of ~~ten~~ twenty dollars for each plate. One license plate shall be displayed on the rear of any motorcycle, or trailer, semitrailer, or travel trailer, owned by the dealer while traveling on a public highway. Any vehicle owned by the licensed dealer and bearing the dealers' metal plate may be operated on the streets and highways of this state for any purpose, including demonstration by a prospective buyer. All money collected pursuant to this section shall be distributed in the manner specified in § 32-11-2 and §§ 32-11-4.1 to 32-11-9, inclusive.

Section 16. That § 32-6B-36.3 be amended to read as follows:

32-6B-36.3. The department shall issue metal numerical license plates to an auction agency upon application and payment of a ~~forty-two~~ eighty-four dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in §§ 32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number "99." The plates may be issued for a multiple year period. If an auction agency's license is revoked or canceled or the auction agency goes out of business, the "99" plates shall be returned to the department. If any person operates a motor vehicle with "99" plates after the auction agency's license is revoked or canceled or after the auction agency goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor. ".

On page 9, line 2, delete "9 to 14" and insert "11 to 18".

And that as so amended said bill do pass.

Respectfully submitted,
Mike Verchio, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1009, 1010, 1013, 1016, 1030, 1031, 1032, 1035, 1036, 1037, 1038, and 1042 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1029 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 76, 84, 103, 109, 125, 130, 146, and 147 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

Speaker Pro tempore Gosch now presiding.

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, Expressing support for raising public awareness of the disease of lupus.

Rep. Rausch moved that HCR 1005 as found on page 336 of the House Journal be adopted.

The question being on Rep. Rausch's motion that HCR 1005 be adopted.

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

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

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1130 as found on page 332 of the House Journal; also

Commerce and Energy on HB 1056 as found on page 333 of the House Journal; also

Judiciary on HB 1087 as found on page 344 of the House Journal; also

Judiciary on HB 1144 as found on page 345 of the House Journal; also

Judiciary on HB 1145 as found on page 345 of the House Journal; also

Judiciary on HB 1171 as found on pages 345 and 346 of the House Journal; also

Judiciary on HB 1184 as found on page 346 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 76: FOR AN ACT ENTITLED, An Act to exempt certain gift certificates and closed-loop prepaid cards from the unclaimed property provisions.

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

SB 84: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding administrative penalties when filing campaign finance disclosure statements.

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

SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning special alcoholic beverage licenses issued in conjunction with special events.

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

SB 109: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to promulgate rules concerning lobbyist registration fees, to impose a penalty for the failure to timely file lobbyist or lobbyist employer reports, and to repeal certain provisions concerning lobbyists who fail to comply with certain requirements.

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

SB 125: FOR AN ACT ENTITLED, An Act to revise the time period for computing unemployment insurance employer contribution rates.

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

SB 130: FOR AN ACT ENTITLED, An Act to provide a procedure for the Secretary of State to conduct certain local elections when an emergency exists.

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

SB 146: FOR AN ACT ENTITLED, An Act to require certain notice requirements for retailers that do not have nexus in South Dakota which are selling tangible personal property, services, or products transferred electronically for use in South Dakota.

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

SB 147: FOR AN ACT ENTITLED, An Act to expand the application of nexus for the purpose of collecting sales and use taxes owed to the state.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports to be made to the Board of Economic Development.

Was read the second time.

The question being "Shall HB 1234 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

Excused:
Elliott; Feinstein; Jensen

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 1146, 1185, 1147, 1129, 1163, 1215, 1216, 1221, 1196, 1203, 1233, 1256, and 1206 and SB 39 be deferred to Monday, February 14^th, the 21^st legislative day.

Which motion prevailed.

Speaker Rausch now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1043 was delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 10, 2011.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1009, 1010, 1013, 1016, 1030, 1031, 1032, 1035, 1036, 1037, 1038, and 1042 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1009: FOR AN ACT ENTITLED, An Act to repeal the authority of the Department of Environment and Natural Resources to regulate public swimming places and bulk water haulers.

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

HB 1013: FOR AN ACT ENTITLED, An Act to revise the membership of the Board of Examiners for Counselors and Marriage and Family Therapists.

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

HB 1030: FOR AN ACT ENTITLED, An Act to revise the provisions relating to placement of surplus lines insurance and tax allocation of surplus lines insurance.

HB 1031: FOR AN ACT ENTITLED, An Act to increase the national registry fee for real estate appraisers.

HB 1032: FOR AN ACT ENTITLED, An Act to authorize imposition of a permanent injunction upon any person engaged in an unlicensed real estate appraisal practice.

HB 1035: FOR AN ACT ENTITLED, An Act to revise the process for the collection of the annual insurance company examination assessment fee.

HB 1036: FOR AN ACT ENTITLED, An Act to revise the time when financial reports of the guaranty association are submitted to the director of insurance.

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain posting requirements relating to hunting in the Black Hills Fire Protection District.

HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning certain fees for the electronic transmission of court records.

HB 1042: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the assignment of a judgment.

SB 18: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding a commercial driver license.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1010 Introduced by: Representatives Hansen (Jon) and Nelson (Stace) and Senator Rave

A LEGISLATIVE COMMEMORATION, Honoring the 2010 State Champion Dell Rapids High School football team and the students and staff involved in the football program.

WHEREAS, the 2010 Dell Rapids High School football team won the State 11A High School Football Championship by virtue of outstanding character, sportsmanship, and dedication to excellence both on and off the field. Through these virtues the Dell Rapids Quarriers football team reclaimed the 11A championship first achieved by them in 2008; and

WHEREAS, the Dell Rapids football team received superior coaching and outstanding leadership guidance from head coach Steven Hansen and assistant coaches Jim Schroeder, Craig Jorgensen, Dane Stone, Herbie Koerner, Preston Davis, and Doug Fiedler; and

WHEREAS, the members of the State Champion Dell Rapids Football Team for 2010 include Chris Furness, Tanner Munk, Dylan Ljunggren, Gus Haskell, Nathan Koens, Matt Kolbeck, Greg Schwebach, Braeden Ellingson, Jacob Morris, Channing Barber, Bryce Koch, Nic Kahler, Tanner Solberg, Zane Schumacher, Lane LeBrun, Riley Rinehart, Weston Hansen, Michael McGee, Kutler Leighton, Jacob Huewe, Tom Geraets, Matthew DeNoon, Hunter White, Brett Nichols, Zachery Barber, Kevin Rice, Cole Langer, Jonathan DeNoon, Ryan Nichols, Zach White, Kelly McKay, Kahler Bervan, Colin LeBrun, Riley Miller, John Elverson, Alec Riswold, Philip Martinson, Tye Dybedahl, Nick Siemonsma, Andy Scherff, Chad Munk, Phillip Schwebach, O'shae Richardson, Andrew St Clair, Andrew Andersen, Tanner Mott, Diamond Wartenbee, Jackson Entringer, Trey VanderPlaats, Jon Anderson, Connor Van Duyn, Devlin Dillon, Cory Kramer, Tyler Gee, Austin Gee, Garrett Hoff, Jacob Habeger, Justin Lindholm, Ben Dipple, Wyatt Redetzke, Trevor Peter, Brodie Sharp, Michael Mandel, James Webster, Jordan Lindberg, Brandon Carpenter, Cody Apland, Casey Boever, Dylan Lesselyoung, and Danny Weber; and

WHEREAS, the outstanding Dell Rapids High School 2010 football team won the 11A championship after maintaining a perfect football season record of 12-0; and

WHEREAS, the Dell Rapids Quarriers 2010 football team is recognized for achieving a South Dakota state record for the most points scored (55) in an 11A state championship game, and because of their hard work, sportsmanship, and dedication to the ideals of living up to playing as a team, they placed six players on the 11A all-state team:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Dell Rapids High School football team be commended for their excellence in athletics and academics for the 2010-2011 school year.

HC 1011 Introduced by: Representatives Novstrup (David), Carson, Conzet, Cronin, Deelstra, Dennert, Fargen, Feickert, Feinstein, Gosch, Hansen (Jon), Hawley, Hoffman, Lust, Munsterman, Perry, Wick, and Willadsen and Senators Novstrup (Al), Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Coach Don Meyer, from Aberdeen, South Dakota, the winningest college basketball coach in NCAA history.

WHEREAS, Coach Don Meyer spent twenty-four years coaching NAIA I David Lipscomb University in Nashville, Tennessee, where he reached the seven hundred-win mark faster than any other coach and won a NAIA National Championship in 1986; and

WHEREAS, Coach Meyer joined the team of Northern State University in 1999, where Meyer led the Wolves to their second best record in school history in 2007-08, going 29-4 overall and taking second place in the NSIC with a 16-2 record; and

WHEREAS, Meyer made basketball history when he took over the top spot of the career victories chart. Meyer claimed his nine hundred third victory on January 10, 2009, leading the NSU Wolves past the University of Mary 82-62; and

WHEREAS, while at Northern, NSU led the nation for attendance in All Division 2 Basketball for five years in a row; and

WHEREAS, Meyer leads all NCAA men's coaches with 923 wins; and

WHEREAS, Meyer was the head coach for the Wolves for eleven seasons; and

WHEREAS, Meyer's journey took an unexpected turn when he was involved in a life-threatening car accident and inoperable cancer diagnosis, from which Meyer returned to the sidelines for the 2008-09 season, leading the Wolves to their second straight appearance in the Division II national tournament; and

WHEREAS, Meyer is now retired from coaching and serves as Regents Distinguished Professor and Assistant to the President at NSU, and travels around the country giving motivational talks and doing what he loves best _ teaching others; and

WHEREAS, his professional achievements have been recognized by his colleagues and other sports experts including South Dakota Board of Regents Distinguished Professor; 2009 Jimmy V Perseverance Award at the ESPN ESPYS; 2010 Coach John Wooden "Keys to Life" Award; 2010 John W. Bunn Lifetime Achievement Award at the Naismith Basketball Hall of Fame; the subject of a book by Buster Olney of ESPN, "How Lucky You Can Be _ The Story of Coach Don Meyer"; and induction into the 2011Tennessee Sports Hall of Fame:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Northern State University Coach Don Meyer be congratulated and honored as the winningest college coach in NCAA history, for his many other distinctions and achievements, and for putting South Dakota on the national stage.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:34 p.m. the House adjourned.

Karen Gerdes, Chief Clerk