House of Representatives Journal 1/24/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 24, 2012

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Rolly Kemink, followed by the Pledge of Allegiance led by House pages Mackenzie Foss and Alexa Moeller.

Roll Call: All members present except Reps. Elliott 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 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1009 and 1010 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1089 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Verchio, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 3, 5, 13, 19, 24, 29, 31, 32, 33, 55, 56, 57, and 58 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

HCR 1002: A CONCURRENT RESOLUTION, Urging Congress and the South Dakota congressional delegation to support federal legislation to protect the United States Postal Service.

Rep. Kirschman moved that HCR 1002 as found on page 137 of the House Journal be adopted.

The question being on Rep. Kirschman's motion that HCR 1002 be adopted.

And the roll being called:

Yeas 58, Nays 8, Excused 4, Absent 0

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

Nays:
Carson; Conzet; Greenfield; Lust; Munsterman; Novstrup (David); Stricherz; Wink

Excused:
Elliott; Killer; Steele; Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

HCR 1003: A CONCURRENT RESOLUTION, Encouraging South Dakota hospitals with maternity care services to become Baby Friendly by implementing the Ten Steps to Successful Breastfeeding.

Rep. Magstadt moved that HCR 1003 as found on pages 138 and 139 of the House Journal be adopted.

The question being on Rep. Magstadt's motion that HCR 1003 be adopted.

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; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; 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; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Steele; Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.

HCR 1004 Introduced by: Representatives Hickey, Bolin, Brunner, Cronin, Gosch, Greenfield, Haggar, Hansen (Jon), Hoffman, Hubbel, Hunt, Jensen, Kirschman, Kopp, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Rausch, Russell, Schaefer, Stricherz, Tornow, Tulson, Van Gerpen, Verchio, Wick, and Willadsen and Senators Kraus, Begalka, Fryslie, Holien, Krebs, Lederman, Novstrup (Al), Rave, Rhoden, and Schlekeway

A CONCURRENT RESOLUTION, Supporting and encouraging the academic study of the Bible in South Dakota public schools.

WHEREAS, for nearly two thousand years, the Bible has been a cornerstone of Western civilization, its content permeating nearly all aspects of culture, manifesting itself most notably in literature, music, art, drama, public discourse, and philosophy; and

WHEREAS, biblical references abound in the works of literature, including those of William Shakespeare and John Milton, and allusions to biblical themes and characters have been used effectively by writers as diverse as Dante Alighieri and William Faulkner; and

WHEREAS, the Bible has been a source for public discourse and policy both past and present; and great leaders, including George Washington, Abraham Lincoln, and Martin Luther King, Jr., inspired entire generations by including in their speeches biblical references and language; and

WHEREAS, the English language itself is so filled with biblical vocabulary, themes, terms and allusions, that it cannot be fully understood and appreciated by individuals unfamiliar with the Bible, depriving them of much of the richness of the language; and

WHEREAS, a report on Bible literacy, which included findings from a Gallup Poll survey on American teenagers' knowledge of the Bible, found that American high school students are deficient in their academic knowledge of the Bible and that this deficiency is a limiting factor in their ability to study literature and to understand art, music, history, and culture; and

WHEREAS, United States Supreme Court Justice Tom Clark, in the 1963 case Abington v. Schempp, wrote, " ... it might well be said that one's education is not complete without a study of comparative religion or the history of religion and its relationship to the advancement of civilization [and] ... that the Bible is worthy of study for its literary and historic qualities. Nothing we have said here indicates that such study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment;" and

WHEREAS, in a document titled The Bible & Public Schools, a First Amendment Guide, twenty diverse groups including the National School Boards Association agreed that the Bible can and should be taught in public schools as long as such teaching is academic and not devotional in nature, demonstrates an awareness of the religious nature of the Bible but does not press students to accept religion, does not engage in the practice of religion, neither encourages or discourages differing religious views, and does not ask students to conform to any religious belief; and

WHEREAS, George Gallup polling and other research over the years has shown that more than two-thirds of the American public believe the Bible should be taught in public schools as part of the literature or social studies curriculum; and

WHEREAS, this legislative body acknowledges the academic advantage to students of a basic familiarity with the Bible:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature of the State of South Dakota hereby declares its support and encouragement for all school districts in the state to implement a course of study or to include in the literature or social studies curriculum courses or lessons that help students become familiar with the content, characters, and narratives of the Bible and to include in such courses an awareness of the role the Bible has played in the development of literature, art, music, culture, and public discourse; and

BE IT FURTHER RESOLVED, that the State Board of Education be asked to incorporate such support into its curriculum planning and that the board make all educational bodies in the state aware of textbooks and other curriculum materials that have been prepared to teach about the Bible within the guidelines and context of the First Amendment; and

BE IT FURTHER RESOLVED, that no state, district, or local educational body should prevent the teaching of courses or classes on the Bible so long as those courses meet the guidelines of the First Amendment; and

BE IT FURTHER RESOLVED, that this legislative body also supports and encourages any effort to make teacher training available to those teachers who wish to pursue both providing elective courses or integrating the Bible into existing literature or social studies courses so that they be made aware of the issues involved in teaching the Bible in a public school setting; and

BE IT FURTHER RESOLVED, that the clear intent of this resolution be to encourage districts, teachers, school staff, the media, and other interested parties to build an understanding and consensus as to the importance of teaching about the Bible and its influence on culture in the public schools of this state; and

BE IT FURTHER RESOLVED, that there be clear and consistent communication of the importance of basic literacy of the Bible and its impact as well as communication of this resolution to all school districts within this state.

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

Yesterday, Rep. Moser announced his intention to reconsider the vote by which HB 1058 lost.

Rep. Moser moved that the House do now reconsider the vote by which HB 1058 lost.

The question being on Rep. Moser's motion to reconsider the vote by which HB 1058 lost.

And the roll being called:

Yeas 49, Nays 18, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Jones; Killer; Kirkeby; Kirschman; Liss; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Scott; Sigdestad; Sly; Solum; Tornow; Tulson; Turbiville; Van Gerpen; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Dennert; Fargen; Feickert; Greenfield; Hubbel; Iron Cloud III; Jensen; Kloucek; Kopp; Miller; Nelson (Stace); Russell; Schaefer; Schrempp; Street; Stricherz; Venner; Verchio

Excused:
Elliott; Steele; Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1058 was up for reconsideration and final passage.

HB 1058: FOR AN ACT ENTITLED, An Act to revise certain record search fees charged by clerks of court.

Having had its second reading was up for reconsideration and final passage.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1058 pass?"

And the roll being called:

Yeas 48, Nays 19, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Feinstein; Gibson; Gosch; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Killer; Kirkeby; Kirschman; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Stricherz; Tulson; Turbiville; Van Gerpen; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Dennert; Fargen; Feickert; Greenfield; Haggar; Hubbel; Iron Cloud III; Jensen; Jones; Kloucek; Kopp; Liss; Nelson (Stace); Russell; Schrempp; Street; Tornow; Venner; Verchio

Excused:
Elliott; Steele; Vanneman

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.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1073 as found on page 134 of the House Journal; also

Education on HB 1006 as found on page 135 of the House Journal; also

Commerce and Energy on HB 1033 as found on page 135 of the House Journal; also

Judiciary on HB 1045 as found on page 168 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1202 Introduced by: Representatives Novstrup (David), Conzet, Dennert, Gosch, Hansen (Jon), Hickey, Perry, Rozum, Sigdestad, and Verchio and Senators Krebs, Frerichs, Juhnke, Olson (Russell), Peters, and Rave

FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding reckless and unsafe driving.

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

HB 1203 Introduced by: Representatives Boomgarden and Jones and Senator Nygaard

FOR AN ACT ENTITLED, An Act to revise auditing requirements for water development districts.

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

HB 1204 Introduced by: Representatives Munsterman, Boomgarden, Carson, Hawley, Hunhoff (Bernie), Lust, Moser, and Solum and Senators Olson (Russell), Hunhoff (Jean), Johnston, Kraus, Peters, Rave, and Tieszen

FOR AN ACT ENTITLED, An Act to clarify certain rules of evidence to determine the value of services for which special damages may be awarded in health care malpractice cases.

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

HB 1205 Introduced by: Representatives Stricherz, Conzet, Cronin, Fargen, Hickey, Hoffman, Hunt, Killer, Kirkeby, Kloucek, Lucas, Nelson (Stace), Olson (Betty), Solum, Tornow, and Verchio and Senators Nygaard, Begalka, Maher, and Rhoden

FOR AN ACT ENTITLED, An Act to exempt federal veterans' disability benefits from certain support obligations and other claims.

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

HB 1206 Introduced by: Representatives Blake, Boomgarden, Brunner, Elliott, Fargen, Gibson, Greenfield, Hickey, Hunhoff (Bernie), Jones, Kirschman, Lucas, Magstadt, Sly, Street, and Wismer and Senators Buhl, Adelstein, Bradford, Krebs, Maher, Peters, Sutton, and Tieszen

FOR AN ACT ENTITLED, An Act to make an appropriation for Feeding South Dakota and to repeal the sales tax on food refund program.

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

HB 1207 Introduced by: Representatives Lucas and Killer and Senator Bradford

FOR AN ACT ENTITLED, An Act to exempt wind farms and other energy facilities from taxation if located on an Indian reservation on land held in trust by the United States.

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

HB 1208 Introduced by: Representatives Elliott, Abdallah, Blake, Deelstra, Fargen, Gibson, Hawley, Hickey, Jones, Kirschman, Lucas, Perry, Rozum, Schrempp, Sigdestad, Stricherz, Tulson, and Wismer and Senators Buhl, Adelstein, Bradford, Krebs, Lederman, Nygaard, Sutton, Tidemann, and Tieszen

FOR AN ACT ENTITLED, An Act to establish the South Dakota Early Learning Advisory Council.

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

HB 1209 Introduced by: Representatives Romkema, Turbiville, and Venner and Senator Nelson (Tom)

FOR AN ACT ENTITLED, An Act to exempt certain parts and components used in the construction of homebuilt aircraft from sales and use taxes.

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

HB 1210 Introduced by: Representatives Perry and Venner and Senator Gray

FOR AN ACT ENTITLED, An Act to exempt certain livestock entering the livestock ownership inspection area from ownership inspection requirements.

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

HB 1211 Introduced by: Representatives Perry, Hawley, Street, and Turbiville and Senator Tidemann

FOR AN ACT ENTITLED, An Act to revise budget transfer authority for certain state institutions.

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

HB 1212 Introduced by: Representatives Moser, Abdallah, Cronin, Hansen (Jon), Hoffman, Hunhoff (Bernie), Kirkeby, Magstadt, Novstrup (David), Olson (Betty), Sly, Turbiville, Verchio, and Wick and Senators Hunhoff (Jean), Hansen (Tom), Haverly, Lederman, and Sutton

FOR AN ACT ENTITLED, An Act to revise certain terms regarding tort liability.

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

HB 1213 Introduced by: Representatives Wick, Carson, Cronin, Hawley, Hoffman, Lucas, Lust, Moser, Novstrup (David), Perry, Rausch, Romkema, Tulson, Verchio, and Willadsen and Senators Gray, Hansen (Tom), Haverly, Heineman, Holien, Krebs, Nygaard, Olson (Russell), Peters, Putnam, Rave, and Schlekeway

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liability for torts and product identification requirements.

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

HB 1214 Introduced by: Representatives Wick, Greenfield, Haggar, Hansen (Jon), Hickey, Jensen, Kirkeby, Kirschman, Miller, Olson (Betty), Russell, Stricherz, Venner, and Verchio and Senators Novstrup (Al) and Lederman

FOR AN ACT ENTITLED, An Act to to lower the state sales and use tax on certain food items if certain economic conditions occur.

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

HB 1215 Introduced by: Representatives Liss, Hansen (Jon), Jensen, Olson (Betty), Venner, and Wick and Senator Lederman

FOR AN ACT ENTITLED, An Act to provide funding grants to parents or guardians of students receiving alternative instruction, and to make an appropriation therefor.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 3: FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk highway system.

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

SB 5: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the distribution of state publications.

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

SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to reunification and termination of parental rights.

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

SB 19: FOR AN ACT ENTITLED, An Act to revise the rule-making authority of the Commission on Gaming to allow the commission to authorize the executive secretary of the Commission on Gaming to take certain actions on gaming licensees.

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

SB 24: FOR AN ACT ENTITLED, An Act to require certain applicants for licensure as a health professional or a licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

Was read the first time and referred to the Committee on Health and Human Services.

SB 29: FOR AN ACT ENTITLED, An Act to authorize the establishment of a designated Roth contribution program within the state deferred compensation plan.

Was read the first time and referred to the Committee on Retirement Laws.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota special pay retirement program.

Was read the first time and referred to the Committee on Retirement Laws.

SB 32: FOR AN ACT ENTITLED, An Act to revise the suitability requirements for annuities.

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

SB 33: FOR AN ACT ENTITLED, An Act to revise the exemptions for insurance agent examinations.

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

SB 55: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

SB 56: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating to the South Dakota Housing Development Authority.

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

SB 57: FOR AN ACT ENTITLED, An Act to revise and repeal certain administrative rules relating to the South Dakota Housing Development Authority.

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

SB 58: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning elections conducted at voting centers and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1034: FOR AN ACT ENTITLED, An Act to revise the circumstances under which alterations may be made to certain insurance applications.

Was read the second time.

The question being "Shall HB 1034 pass?"

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; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; 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; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Miller; Steele; 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 1061: FOR AN ACT ENTITLED, An Act to amend certain provisions related to interpreter services in the court system.

Was read the second time.

The question being "Shall HB 1061 pass?"

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; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; 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; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Miller; Steele; 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 1069: 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 second time.

The question being "Shall HB 1069 pass?"

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; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; 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; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Miller; Steele; 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. Tornow moved that HB 1039 be placed to follow HB 1064 on today's calendar.

Which motion prevailed.

Rep. Olson moved that HB 1020 be placed to follow HB 1039 on today's calendar.

Which motion prevailed.

HB 1049: FOR AN ACT ENTITLED, An Act to add certain definitions regarding the Department of the Military.

Was read the second time.

Rep. Nelson moved that HB 1049 be amended as follows:

On page 1, line 7, of the printed bill, after "Army" insert ", the United States Navy, the United States Marine Corps,".

On page 1, line 9, after "Army," insert "Department of the Navy,".

On page 1, line 11, after "army," insert "the secretary of the navy,".

A roll call vote was requested and supported.

The question being on Rep. Nelson's motion that HB 1049 be amended.

And the roll being called:

Yeas 47, Nays 18, Excused 5, Absent 0

Yeas:
Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Feickert; Feinstein; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Kirkeby; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Olson (Betty); Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Stricherz; Tornow; Tulson; Van Gerpen; Venner; Verchio; Wick; Willadsen

Nays:
Abdallah; Boomgarden; Carson; Fargen; Gibson; Hunhoff (Bernie); Killer; Kirschman; Novstrup (David); Perry; Romkema; Scott; Street; Turbiville; White; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Gosch; Miller; Steele; Vanneman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried, and HB 1049 was so amended.

The question being "Shall HB 1049 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Elliott; Steele; 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.

Rep. Lust moved that HB 1056 be placed to follow HJR 1001 on today's calendar.

Which motion prevailed.

Speaker Pro tempore Gosch now presiding.

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state employees and to the administration of state personnel matters.

Was read the second time.

The question being "Shall HB 1028 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Elliott; Steele; 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.

HJR 1001: 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 second time.

The question being "Shall HJR 1001 pass as amended?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; 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; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Kloucek

Excused:
Abdallah; Elliott; Steele; Vanneman

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution passed and the title was agreed to.

HB 1056: 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 second time.

The question being "Shall HB 1056 pass?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Nays:
Kloucek

Excused:
Abdallah; Elliott; Steele; 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 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody during a soldier's deployment.

Was read the second time.

Rep. Turbiville moved that HB 1046 be deferred to Thursday, January 26, the 10^th legislative day.

Which motion prevailed.

Speaker Rausch now presiding.

HJR 1002: 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 second time.

The question being "Shall HJR 1002 pass?"

And the roll being called:

Yeas 52, Nays 15, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lucas; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Street; Tulson; Van Gerpen; Venner; White; Wick; Willadsen; Wink; Wismer

Nays:
Carson; Conzet; Cronin; Gosch; Hansen (Jon); Iron Cloud III; Kopp; Lust; Rozum; Schrempp; Stricherz; Tornow; Turbiville; Verchio; Speaker Rausch

Excused:
Elliott; Steele; Vanneman

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution passed and the title was agreed to.

HB 1007: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete statutes regarding the Department of Education.

Was read the second time.

The question being "Shall HB 1007 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Elliott; Steele; 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 1060: 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 second time.

Rep. Nelson moved that HB 1060 be amended as follows:

On page 2, between lines 10 and 11 of the printed bill, insert:

" However, no person who is required to register as a sex offender because of a sexual offense committed against a person under the age of sixteen may reside in a community safety zone pursuant to the exceptions otherwise provided in subdivisions (2), (3), or (4) of this section.".

A roll call vote was requested and not supported.

Rep Nelson's motion lost.

The question being "Shall HB 1060 pass?"

And the roll being called:

Yeas 52, Nays 13, Excused 5, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Dennert; Dryden; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Van Gerpen; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Conzet; Fargen; Feickert; Jensen; Jones; Kopp; Liss; Miller; Nelson (Stace); Russell; Tornow; Venner; Verchio

Excused:
Deelstra; Elliott; Hunt; Steele; 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 1062: FOR AN ACT ENTITLED, An Act to clarify the supporting documentation necessary for a request to implement the standard visitation guidelines.

Was read the second time.

The question being "Shall HB 1062 pass?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Iron Cloud III; 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; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Killer

Excused:
Abdallah; Elliott; Hunt; 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.

Rep. Lust moved that the balance of the calendar including HB 1063, 1064, 1039, and 1020 be deferred to Wednesday, January 25, the 9^th legislative day.

Which motion prevailed.

HC 1005 Introduced by: Representatives Kloucek, Blake, Cronin, Dennert, Elliott, Fargen, Feickert, Gibson, Hawley, Hubbel, Hunhoff (Bernie), Jones, Killer, Kirschman, Lucas, Munsterman, Nelson (Stace), Perry, Romkema, Rozum, Russell, Schrempp, Sigdestad, Street, Van Gerpen, and Wismer and Senators Putnam, Begalka, Bradford, Buhl, Frerichs, Fryslie, Gray, Hunhoff (Jean), Lederman, Rave, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Rob Monson on his election as the 2011-2012 President of the National Association of Elementary School Principals.

WHEREAS, Rob Monson of Parkston, South Dakota, is the 2011-2012 President of the National Association of Elementary School Principals, and he brings a wealth of knowledge, skill, and experiences to the post from his employment as the principal of Parkston Elementary School; and

WHEREAS, Rob Monson earned a Bachelor of Arts degree in business education from Dakota State University, a Master of Science in Education degree in elementary school administration and supervision from the University of South Dakota (USD), a Specialist's Degree in Technology for education and training from USD, and also a superintendent's endorsement from USD; and

WHEREAS, Rob Monson is the proud husband of Angie Monson, the proud father of his three sons, Payton, Dylan, and Reagan, and the recipient of many education awards including the Instructional Leadership Award, the School Administrators of South Dakota Little Red School House Award, and the South Dakota State Bass Federation Youth Volunteer Award:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Rob Monson of Parkston, South Dakota, be congratulated and honored on his election as the 2011-2012 President of the National Association of Elementary School Principals.

HC 1006 Introduced by: Representatives Kloucek, Blake, Carson, Cronin, Dennert, Elliott, Fargen, Feickert, Gibson, Hawley, Hickey, Hubbel, Hunhoff (Bernie), Iron Cloud III, Jones, Killer, Kirschman, Lucas, Munsterman, Nelson (Stace), Romkema, Rozum, Russell, Schrempp, Sigdestad, Street, and Wismer and Senators Putnam, Begalka, Bradford, Buhl, Cutler, Frerichs, Fryslie, Gray, Hunhoff (Jean), Lederman, Rave, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring and commemorating the anniversary in 2012 of the fifty-fourth annual Schmeckfest in Freeman, South Dakota.

WHEREAS, the fifty-fourth annual Schmeckfest celebrates the rich cultural heritage that German immigrants transported from their homeland to enrich their new home in South Dakota and is hosted by the Freeman Academy Auxiliary; and

WHEREAS, Schmeckfest, having been held every spring and has grown to accommodate more than six thousand guests each year, showcases the traditional foods and crafts of the Freeman community with an ethnic meal, demonstrations, and displays; and

WHEREAS, this year on March 23-24 and March 30-31, 2012, at the Pioneer Hall in Freeman, South Dakota, the ethnic German meal will be served family style from 4:00 p.m. to 7:00 p.m. Tickets are available for one thousand meals each evening; and

WHEREAS, the annual event includes a full stage musical theater production of "The Wizard of Oz," which will take place on March 23-24, and March 29-31, 2012, at 8:00 p.m.:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the many members and friends of the Freeman community be honored and commemorated on the fifty-fourth anniversary of Schmeckfest in 2012.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:23 p.m. the House adjourned.

Karen Gerdes, Chief Clerk