House of Representatives Journal 2/25/2011 01:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 25, 2011

The House convened at 1:00 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 page Joseph Drew.

Roll Call: All members present except Reps. Schrempp and Van Gerpen 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 twenty-seventh 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.

COMMUNICATIONS AND PETITIONS

February 24, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 24, 2011, I approved House Bills 1001, 1015, and 1022, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 111 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 SB 8 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 168, 184, 186, 189, and 192 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 SB 86 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 46, 103, and 119 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 93, 109, and 158 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 81 and 101 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 SB 34 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 Judiciary respectfully reports that it has had under consideration SB 35 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13, of the Senate Judiciary Committee engrossed bill, delete ", with" and insert "or disseminated with".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 80 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the Senate Judiciary Committee engrossed bill, delete "current or former".

And that as so amended said bill do pass.

Respectfully submitted,
Roger W. Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1002, 1045, 1081, 1092, 1094, 1099, 1133, and 1162 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1118 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1004 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1013 Introduced by: Representatives Nelson (Stace), 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, 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, and Wismer and Senators Tieszen, Adelstein, Begalka, Buhl, Cutler, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, and Vehle

A CONCURRENT RESOLUTION, Recognizing March 2, 2011, as Law Enforcement Appreciation Day in South Dakota.

WHEREAS, law enforcement officers diligently protect communities across our state; and

WHEREAS, law enforcement officers selflessly put their lives on the line to keep our families and state safe; and

WHEREAS, law enforcement officers perform a variety of duties to pursue justice and maintain public safety throughout South Dakota; and

WHEREAS, South Dakota law enforcement officers have been killed in the line of duty, making the ultimate sacrifice for the citizens of South Dakota; and

WHEREAS, the South Dakota Legislature desires to express its strong support for the efforts and sacrifices of South Dakota's law enforcement officers as well as appropriate appreciation:

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, that in recognition of the sacrifices and service of our state law enforcement personnel, March 2, 2011, be recognized as Law Enforcement Appreciation Day; and

BE IT FURTHER RESOLVED, that all citizens of South Dakota are asked that day to take cognizance of this event and to participate fittingly in its observance.

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

Taxation on SB 146 as found on page 509 of the House Journal; also

Local Government on SB 68 as found on pages 509 to 511 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding land leased by counties.

Was read the second time.

The question being "Shall SB 66 pass?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, 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; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Kloucek; Tornow; Wismer

Excused:
Schrempp; Van Gerpen

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 95: FOR AN ACT ENTITLED, An Act to provide for the printing of voting rights notices.

Was read the second time.

The question being "Shall SB 95 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Schrempp; Van Gerpen

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 108: FOR AN ACT ENTITLED, An Act to allow for the appointment of an alternate board member for the county legal expense relief board.

Was read the second time.

The question being "Shall SB 108 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Schrempp; Van Gerpen

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.

Speaker Pro tempore Gosch now presiding.

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 second time.

The question being "Shall SB 129 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Schrempp; Van Gerpen

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.

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

Was read the second time.

Rep. Lust moved that SB 55 be deferred to Monday, February 28^th, the 29^th legislative day.

Which motion prevailed.

SB 96: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain documents filed with the county register of deeds.

Was read the second time.

The question being "Shall SB 96 pass as amended?"

And the roll being called:

Yeas 59, Nays 9, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Boomgarden; Haggar; Hansen (Jon); Hubbel; Juhnke; Kloucek; Liss; Russell; Tornow

Excused:
Schrempp; Van Gerpen

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.

Speaker Rausch now presiding.

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 second time.

The question being "Shall SB 142 pass?"

And the roll being called:

Yeas 62, Nays 6, Excused 2, 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; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Greenfield; Iron Cloud III; Kloucek; Lust; Nelson (Stace); Russell

Excused:
Schrempp; Van Gerpen

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 24: FOR AN ACT ENTITLED, An Act to increase the filing fee for a rate case filed by a gas or electric public utility.

Was read the second time.

The question being "Shall SB 24 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; 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; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Brunner

Excused:
Schrempp; Van Gerpen

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.

Rep. Lust moved that SB 94, 12, 13, 20, 32, 36, 22, 139, 151, 7, 10, 11, 51, 52, 153, 67, 69, 89, 98, 113, 120, 122, 130, and 147 be deferred to Monday, February 28^th, the 29^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 1002, 1045, 1081, 1092, 1094, 1099, 1133, and 1162 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the documentation of data used to make adjustments during the assessment process for factors that affect the capacity of the land to produce agricultural products.

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

HB 1081: FOR AN ACT ENTITLED, An Act to eliminate the requirement that certain political subdivisions purchase an accounting manual.

HB 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting hearings to vacate municipal streets or alleys.

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the filing of campaign finance disclosure statements.

HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding local historic preservation projects.

HB 1133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the excusal of a child from school.

HB 1162: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to allow a person in charge of election to use the state system.

SB 1: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes related to natural resources.

SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions clarifying that counties are not responsible for constructing, repairing, and maintaining roads contained in improvement districts.

SB 112: FOR AN ACT ENTITLED, An Act to repeal the provision that requires county treasurers to collect the oldest delinquent property tax first.

And signed the same in the presence of the House.

HC 1021 Introduced by: Representatives Lucas, Fargen, Gibson, Iron Cloud III, Jensen, Jones, Killer, Kirschman, Kloucek, Magstadt, Romkema, Russell, Schaefer, Schrempp, Sigdestad, Stricherz, Turbiville, Vanneman, Wink, and Wismer and Senators Sutton, Bradford, Frerichs, Garnos, Maher, Olson (Russell), and Schlekeway

A LEGISLATIVE COMMEMORATION, Congratulating and commending the White River High School Boys Basketball Team for its State Class B Championship and successful 2009-2010 season.

WHEREAS, the White River High School Boys Basketball Team was the 2010 State Class B Champions coming from behind and led by R.J. Estes's twenty-five points to defeat the team from Hitchcock-Tulare 66-63 in the championship game; and

WHEREAS, the champion Tigers also beat Coleman-Egan 68-58 in the first-round game behind Wyatt Krogman's thirty points and defeated Viborg 65-59 in the semi-final game with Fred Quick Bear Jr. sparking the team and providing points off the bench; and

WHEREAS, R.J. Estes, Wyatt Krogman, and Jake Krogman were awarded with the All-Tournament Team Award; and

WHEREAS, the Boys' Basketball Team finished the 2009-2010 season with a record of twenty-four wins and two losses; and

WHEREAS, the White River Boys High School Basketball Team played in the championship game for three straight years with two state championships and narrowly losing to Sully Buttes in 2009 by a score of 74-73; and

WHEREAS, the White River High School Boys Basketball Team exemplifies the dedication and commitment needed to reach lofty goals; and

WHEREAS, head coach Eldon Marshall and the White River administration represent the leadership needed to push students to their finest:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the White River High School Boys Basketball Team be congratulated and commended for its 2010 State Class B Championship and successful basketball program.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:52 p.m. the House adjourned.

Karen Gerdes, Chief Clerk