House of Representatives Journal 1/13/2011 12:30 PM

JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 13, 2012

The House convened at 12:30 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of Allegiance led by House page Leah Herman.

Roll Call: All members present except Reps. Boomgarden, Iron Cloud III, Killer, Miller, Moser, Romkema, Schrempp, Steele, Stricherz 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 third 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 State Affairs respectfully reports that it has had under consideration HB 1048 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1016 and 1024 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
David Lust, Chair

REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Eighty-sixth Legislative Session be adopted as the joint rules of the Eighty-seventh Legislative Session with the following changes:

    The deadline for All Bill Drafts with Sponsors due back in LRC by 5 PM moves from the 12^th Legislative Day to the 10^th Legislative Day.

    The Final Day to introduce individual Bills and Joint Resolutions moves from the 13^th Legislative Day to the 10^th Legislative Day.

    The Final Day to introduce committee bills and joint resolutions moves from the 14^th Legislative Day to the 11^th Legislative Day.

CHAPTER 17. LEGISLATIVE DEADLINES

Legislative Deadlines
Legislative Action	40 Day Session	33 Day Session
Final day for introduction of individual bills and joint resolutions	15^th Day	10^th Day
Final day for introduction of committee bills and joint resolutions*	16^th Day	11^th Day
Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house	26^th Day	19^th Day
Last day to move required delivery of bills or resolutions by a committee to the house of origin*	27^th Day	20^th Day
Last day to pass bills or joint resolutions by the house of origin*	28^th Day	21^st Day
Final day for introduction of concurrent resolutions	28^th day	26^th Day
During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)	34^th Day on	27^th Day on
Last day to move required delivery of bills or resolutions by a committee to the second house*	35^th Day	28^th Day
Last day for a bill or joint resolution to pass both houses*	36^th Day	29^th Day
Two days preceding the final two days of a legislative session shall be reserved for concurrences or action upon conference committee reports	37^th Day 38^th Day	30^th Day 31^st Day
The final day of a legislative session is reserved for the consideration of vetoes	40^th Day	33^rd Day
* This deadline does not apply to the general appropriations bill.

17-1. Calendar less than 40 days. If a Session Calendar is adopted for a period of thirty-six (36) days to thirty-nine (39) days, inclusive, the legislative deadlines set forth in Chapter 17 of the Joint Rules for a thirty-five (35) day session shall be increased by the same number of days by which the length of the adopted calendar exceeds thirty-five (35) days.

The joint rules and the rules of the Senate and House shall be printed in the House Journal.

Respectfully submitted,    Respectfully submitted,
Val Rausch        Bob Gray
David Lust        Russell Olson
Bernie Hunhoff        Jason Frerichs
House Committee        Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to setting the compensation schedule for the elective and appointive officers and employees of the Senate and House for the Eighty-seventh Legislative Session.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for legislative days for members, officers, and employees of the House and Senate.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for the distribution of the official directory, Senate and House journals, and bills and other legislative printing for the two houses and the state offices.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to securing chaplains for the Eighty-seventh Legislative Session.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the House and Senate.

Respectfully submitted,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

Rep. Lust moved to amend the 2012 Session Calendar by moving Legislative Day 5 to Thursday, January 19, 2012; Legislative Day 32 to Friday, March 2, 2012; Legislative Day 33 to March 19, 2012, eliminating Legislative Days 34 and 35 and adjusting the remaining Calendar appropriately.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1053 Introduced by: Representatives Stricherz, Bolin, Conzet, Deelstra, Elliott, Gosch, Hawley, Hickey, Hoffman, Lust, Magstadt, Miller, Munsterman, Rausch, Romkema, and Wick and Senators Cutler, Begalka, Olson (Russell), and Rhoden

FOR AN ACT ENTITLED, An Act to establish the hope card program relating to protection orders.

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

HB 1054 Introduced by: Representatives Gosch, Abdallah, Feinstein, Hunt, Lust, and Rausch and Senators Cutler, Gray, and Tieszen

FOR AN ACT ENTITLED, An Act to amend certain provisions concerning Worker's Compensation.

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

HB 1055 Introduced by: Representatives Gosch, Abdallah, Feinstein, Hunt, Lust, Rausch, and Turbiville and Senators Cutler, Gray, Olson (Russell), Tieszen, and Vehle

FOR AN ACT ENTITLED, An Act to allow for joint physical custody orders after a court awards joint legal custody if in the best interest of the child.

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

HB 1056 Introduced by: Representatives Lust, Abdallah, Feinstein, Gosch, Hunt, and Rausch and Senators Cutler, Gray, and Tieszen

FOR AN ACT ENTITLED, An Act to revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

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

HB 1057 Introduced by: Representatives Verchio, Brunner, Elliott, Hubbel, Nelson (Stace), Olson (Betty), Russell, Sigdestad, Tulson, and Venner and Senators Rhoden and Maher

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the manner in which county wheel taxes are imposed.

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

HB 1058 Introduced by: The Committee on State Affairs at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to revise certain record search fees charged by clerks of court.

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

HB 1059 Introduced by: Representatives Lust, Feinstein, and Gosch and Senators Nygaard and Cutler

FOR AN ACT ENTITLED, An Act to revise Article 9 of the Uniform Commercial Code.

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

HJR 1001 Introduced by: Representatives Lust, Abdallah, Feinstein, Gosch, Hunt, and Rausch and Senators Cutler, Gray, and Tieszen

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XVII of the Constitution of the State of South Dakota, relating to corporations.

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

HC 1003 Introduced by: Representatives Kloucek, Bolin, Cronin, Elliott, Fargen, Feickert, Feinstein, Gibson, Hansen (Jon), Hawley, Hickey, Hunt, Jones, Kirschman, Lucas, Magstadt, Moser, Olson (Betty), Rozum, Sigdestad, Sly, Street, Stricherz, Turbiville, Van Gerpen, and Wismer and Senators Putnam, Begalka, Cutler, Frerichs, Hunhoff (Jean), Lederman, Maher, Novstrup (Al), Nygaard, Rampelberg, Rhoden, and Tieszen

A LEGISLATIVE COMMEMORATION, Commending and honoring the community of Delmont on its one hundred twenty-fifth birthday.

WHEREAS, on February 27, 2011, the community of Delmont began its year of celebrating its one hundred twenty-fifth birthday with the Delmont Fireman's Sausage Supper February 27, 2011; and on September 10 and 11, 2011, the community of Delmont celebrated its German

Heritage with a Kuchen Festival and Old-Time Harvest Festival; and on December 31, 2011, the community of Delmont ended its year of celebration with a New Year's Eve parade and a Simply South Dakota Tasting Event; and

WHEREAS, the community organizations responsible for the various events were the 125^th Anniversary committee, headed by Dick and Earla Strid, Glennis Stern, Alan Villmow, Jane Baier, Scott Andersh, Lexine Goehring, Nola Redd, Londa Fink, Andra Semmler, Mike Williams, Shirley Weisser, Russ and Barb Dozark, Arlo Bueber, Dale Bitterman, Vernon Kraft; the Delmont Volunteer Fire Department, Elmer Goehring, chief, Kevin Beehler, 1^st assistant, Darren Fechner, 2^nd assistant, Ray Anderson, secretary, Dwight Brenner, treasurer, Adam Brock, equipment manager, Mike Redd, Todd Gross, Devin Loneman, Corey Whitney, Tom Goehring, Russ Dozark, J.J. Kokes, Joel Baier, Kevin Hanten, Duane Wagner, Scott Clites, Rob Hotchkiss, Niel Anderson, Gary Roth; The Historical Society of Delmont, headed by Earla Strid, president, Dick Strid, Sam Grosz, Ray and Phyllis Dewald; the Twin Rivers Old Iron Association, headed by Glennis Stern, president, Rolyn Erck, George Sandhoff, Dale Bitterman, Joel Baier, Mike Fechner, Brian Weisser, Harold Bietz, Tammy Weisser, Donna Erck, Norma Bietz, Lila Fechner and Deb Stern; Delmont Community Club, Shirley Weisser, president; Delmont Non-Profit Development Corporation, Elizabeth "Sam" Grosz, Earla Strid, Dick Strid, Scott Clites, Glendine Heinert, and Shirley Weisser; Tyndall Bakery, Ed and Carol Radack owners and Kuchen bakers.

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the community of Delmont, the surrounding community members, and descendants near and far be congratulated for its successful year of celebrating the one hundred twenty-fifth birthday of the community of Delmont; and

BE IT FURTHER COMMEMORATED that we salute Delmont for all of its annual events and the great effort it makes as an example of small town tourism at its finest.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 12:49 p.m. the House adjourned.

Karen Gerdes, Chief Clerk