House of Representatives Journal 1/19/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 19, 2012

The House convened at 2:00 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 Kyle Cossman, Samantha Neumann, Meredith Powers, and Danae Schaefers.

Roll Call: All members present except Reps. Elliott, Feickert, Feinstein, Iron Cloud III, Killer, and Steele 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 fourth 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.

The oath of office was administered by Speaker Rausch to the following employees:

Chief Chaplain -- Daniel Varns

Assistant Sergeant at Arms -- James Smith.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1014, 1022, 1023, 1025, and 1039 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 HB 1021 and returns the same with the recommendation that said bill be amended as follows:

On page 5, after line 3 of the printed bill, insert:

" Section3. That § 24-15A-3 be amended to read as follows:

24-15A-3. The provisions of §§ 24-2-9, 24-2-12, 24-2-12.1, 24-2-12.2, 24-2-17, 24-2-18, 24-5-1, 24-5-2, 24-5-7, 24-13-4.2, 24-13-4.3, 24-13-4.5, 24-13-6, 24-13-7, 24-13-10, 24-15-1, 24-15-1.1, 24-15-1.2, 24-15-2, 24-15-3, 24-15-5, 24-15-6, 24-15-7, 24-15-7.1, 24-15-8, 24-15-10, 24-15-11, 24-15-12, 24-15-15, 24-15-20, 24-15-24, and 24-15-25~~, and 23A-28C-1~~ do not apply to any person sentenced to prison for a crime committed after July 1, 1996. ".

And that as so amended said bill do pass.

Respectfully submitted,
Roger W. Hunt, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1003, 1011, and 1013 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1012 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1001 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 Taxation respectfully reports that it has had under consideration HB 1002 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1019 and 1032 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 Transportation respectfully reports that it has had under consideration HB 1031 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13, of the printed bill, delete "twenty-five" and insert "ten".

And that as so amended said bill do pass.

Respectfully submitted,
Mike Verchio, Chair

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

Rep. Lust moved that the report of the Joint-Select Committee relative to the joint rules for the Eighty-seventh Legislative Session as found on pages 42 and 43 of the House Journal be adopted.

Rep. Gibson moved as a substitute motion that the Joint-Select Committee report on the joint rules not be adopted and a new Joint-Select Committee be appointed with instructions to consider the following:

PROPOSED NEW JOINT RULE 6C-8

6C-8. In addition to regular fiscal notes, local government fiscal notes, and retirement system actuarial statements, there is an additional specialized fiscal note known as the litigation exposure assessment. Any bill that contains a justiciable issue is subject to a request for a litigation exposure assessment which may be requested and granted in the same manner as a regular fiscal note. Whenever a litigation exposure assessment is granted, the presiding officer shall request the Director of the Legislative Research Council to prepare the litigation exposure assessment in consultation with the office of the Attorney General. Each litigation exposure assessment shall contain an analysis of the practical likelihood that the bill may be litigated, an assessment of the most probable evolution of the course of the potential litigation, and a range of projected costs based on the assessment of the most probable evolution. No litigation exposure assessment may express any opinion as to whether the bill is constitutional or unconstitutional or whether the bill is legal or illegal. Otherwise each litigation exposure assessment is subject to all of the terms, conditions, and time constraints specified in Joint Rule 6C-1 through 6C-5, inclusive, to the extent that such rules are not in conflict with this rule.

A roll call vote was requested and supported.

The question being on Rep. Gibson's substitute motion that the Joint-Select Committee report on the joint rules not be adopted and a new Joint-Select Committee be appointed with instructions to consider a proposed new Joint Rule 6C-8.

And the roll being called:

Yeas 17, Nays 47, Excused 6, Absent 0

Yeas:
Abdallah; Blake; Deelstra; Dennert; Fargen; Gibson; Hawley; Hunhoff (Bernie); Jones; Kirschman; Kloucek; Lucas; Rozum; Schrempp; Sigdestad; Street; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Scott; Sly; Solum; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Elliott; Feickert; Feinstein; Iron Cloud III; Killer; Steele

So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

The question being on Rep. Lust's motion that the report of the Joint-Select Committee relative to the joint rules for the Eighty-seventh Legislative Session as found on pages 42 and 43 of the House Journal be adopted.

And the roll being called:

Yeas 60, Nays 4, Excused 6, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Gibson; Kloucek; Schrempp; Sigdestad

Excused:
Elliott; Feickert; Feinstein; Iron Cloud III; Killer; Steele

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

Rep. Lust moved that the temporary house rules of the Eighty-seventh Legislative Session be made the permanent house rules of the Eighty-seventh Legislative Session.

The question being on Rep. Lust's motion that the temporary house rules of the Eighty-seventh Legislative Session be made the permanent house rules of the Eighty-seventh Legislative Session.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Feickert; Feinstein; Iron Cloud III; Killer; Steele

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1060 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to permit a probationer who is a registered sex offender to reside in an assigned halfway house or supervised living center within a community safety zone.

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

HB 1061 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to amend certain provisions related to interpreter services in the court system.

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

HB 1062 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to clarify the supporting documentation necessary for a request to implement the standard visitation guidelines.

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

HB 1063 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the testimony of sex offense victims and to evidence of a victim's prior sexual conduct and to establish the rationale and effect of the repeal.

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

HB 1064 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to allow the Supreme Court to establish certain rules for the use of interactive audio visual equipment and to provide for the collection and deposit of fees for the use thereof.

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

HB 1065 Introduced by: The Committee on Judiciary at the request of the Chief Justice

FOR AN ACT ENTITLED, An Act to repeal the requirement that the Unified Judicial System set forth a schedule for all fees paid directly to court reporters in its annual consolidated budget.

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

HB 1066 Introduced by: Representatives Deelstra, Abdallah, Blake, Bolin, Conzet, Dennert, Elliott, Gibson, Gosch, Haggar, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunt, Killer, Kirkeby, Liss, Lucas, Miller, Moser, Nelson (Stace), Scott, Sly, Solum, Street, Stricherz, Tornow, Vanneman, Wick, and Willadsen and Senators Hunhoff (Jean), Bradford, Brown, Buhl, Juhnke, Peters, Rave, Schlekeway, and Sutton

FOR AN ACT ENTITLED, An Act to allow for the cremation of deceased persons who are indigent and the funeral expenses are the financial responsibility of the county.

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

HB 1067 Introduced by: Representatives Kirschman, Blake, Brunner, Deelstra, Dennert, Elliott, Fargen, Feickert, Gibson, Hickey, Hunhoff (Bernie), Jensen, Kloucek, Kopp, Lucas, Rausch, Sigdestad, Street, Verchio, and Wick and Senators Sutton, Bradford, Frerichs, Hundstad, Nygaard, and Rhoden

FOR AN ACT ENTITLED, An Act to guarantee an employee's right to secure a physician and other medical services of their choosing for care under a worker's compensation claim.

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

HB 1068 Introduced by: Representatives Kirschman, Abdallah, Blake, Brunner, Deelstra, Dennert, Elliott, Fargen, Feickert, Gibson, Hickey, Hunhoff (Bernie), Jensen, Kloucek, Kopp, Lucas, Rausch, Sigdestad, Street, Verchio, and Wick and Senators Sutton, Bradford, Frerichs, and Hundstad

FOR AN ACT ENTITLED, An Act to guarantee the right of individuals to secure medical services of their choosing.

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

HB 1069 Introduced by: Representatives Hunt, Abdallah, and Van Gerpen and Senators Nygaard, Krebs, and Rhoden

FOR AN ACT ENTITLED, An Act to increase the amount of income and principal of a perpetual fund used to maintain a cemetery.

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

HB 1070 Introduced by: Representatives Rausch, Blake, Brunner, Cronin, Gosch, Hoffman, Hunhoff (Bernie), Jensen, Kirkeby, Kopp, Lust, Magstadt, Olson (Betty), Perry, Rozum, Scott, Solum, Street, Stricherz, Vanneman, Verchio, White, Wick, Willadsen, and Wink and Senators Rhoden, Begalka, Brown, Cutler, Juhnke, Maher, Olson (Russell), Rave, Sutton, Tidemann, and Tieszen

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the certificate of health requirement for the importation of animals.

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

HB 1071 Introduced by: Representatives Willadsen, Conzet, Fargen, Greenfield, Hawley, Hickey, Hubbel, Jones, Kirschman, Moser, Novstrup (David), Scott, and Solum and Senators Lederman, Adelstein, Buhl, Johnston, Nelson (Tom), Nygaard, Peters, and Rave

FOR AN ACT ENTITLED, An Act to increase the benefits that the Insurance Guarantee Association may become obligated to cover for annuities.

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

HB 1072 Introduced by: Representatives Verchio, Brunner, Elliott, Hubbel, Olson (Betty), Russell, and Tulson and Senators Rampelberg, Maher, and Rhoden

FOR AN ACT ENTITLED, An Act to provide for the recall of county commissioners.

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

HB 1073 Introduced by: Representatives Gosch, Abdallah, Dennert, Fargen, Feinstein, Gibson, Hunt, Lust, Schrempp, Sly, Turbiville, Van Gerpen, Vanneman, Verchio, and Willadsen and Senators Johnston, Cutler, Fryslie, Hundstad, Krebs, Lederman, Olson (Russell), Putnam, Tieszen, and Vehle

FOR AN ACT ENTITLED, An Act to prohibit certain indemnity provisions in motor carrier transportation contracts.

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

HJR 1002 Introduced by: Representatives Bolin, Brunner, Deelstra, Dryden, Hickey, Hoffman, Jones, Killer, Kloucek, Liss, Lucas, Magstadt, Miller, Moser, Nelson (Stace), Sly, Tulson, Venner, Verchio, and Willadsen and Senators Schlekeway, Adelstein, Begalka, Bradford, Kraus, Lederman, Maher, and Novstrup (Al)

A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session.

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

HJR 1003 Introduced by: Representatives Kirschman, Blake, Brunner, Dennert, Elliott, Fargen, Feickert, Gibson, Hickey, Hunhoff (Bernie), Jensen, Kloucek, Kopp, Rausch, Sigdestad, Street, Verchio, and Wick and Senators Sutton, Bradford, Frerichs, and Hundstad

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to the right of individuals to secure medical services of their choosing.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1016: FOR AN ACT ENTITLED, An Act to repeal certain rules relating to use of the centennial logo.

Was read the second time.

The question being "Shall HB 1016 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Elliott; Feickert; Feinstein; Iron Cloud III; Killer; Steele

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 1024: FOR AN ACT ENTITLED, An Act to repeal the authorization to sell certain surplus real estate under the control of the Department of Corrections in Aurora County and Minnehaha County.

Was read the second time.

The question being "Shall HB 1024 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Excused:
Elliott; Feickert; Feinstein; Iron Cloud III; Killer; Steele

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 1048: FOR AN ACT ENTITLED, An Act to expand the Board of Military Affairs.

Was read the second time.

The question being "Shall HB 1048 pass?"

And the roll being called:

Yeas 61, Nays 3, Excused 6, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Greenfield; Nelson (Stace); Russell

Excused:
Elliott; Feickert; Feinstein; Iron Cloud III; Killer; Steele

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.

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 the joint rules for the Eighty-seventh Legislative Session.

Respectfully,
Fee Jacobsen, Secretary

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:48 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

Pursuant to the report of the Joint-Select Committee, as found on page 30 of the House Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of six former members of the South Dakota Legislature, namely: the Honorable Thomas J. Bergan; the Honorable Benny J. Gross; the Honorable Cortland Johnson; the Honorable Dale E. Kringen; the Honorable Keith W. Paisley; and the Honorable Gordon R. Pederson; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-seventh Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Eighty-seventh Session of the Legislature of the State of South Dakota, now assembled this 19th day of January, 2012, at Pierre, South Dakota.