JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 31, 2012

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

The prayer was offered by the Chaplain, Father Mike Griffin, followed by the Pledge of Allegiance led by House pages Kyle Anderson and Lexi Jones.

Roll Call: All members present except Rep. Munsterman who was 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 eleventh 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1038 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 1070 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1091 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the printed bill, after "." insert "If the allotment of the fall three-day temporary nonresident waterfowl licenses left for sale for the counties of Potter, Stanley, Sully, Hughes, and Lyman falls below one hundred licenses, the Game, Fish and Parks Commission may issue up to five hundred additional licenses for those counties.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1090 which was tabled.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1102 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1202 and SB 3 and 55 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 1236 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 2, 6, 21, and 24 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 Health and Human Services respectfully reports that it has had under consideration HB 1183 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, after "36-5" insert ", an occupational therapist licensed pursuant to chapter 36-31,".

On page 1, line 1, of the printed bill, after "physical" insert "and occupational".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1190 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, delete "create or implement" and insert "establish".

And that as so amended said bill do pass.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1197 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1029 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 6 to 15, inclusive, and insert:

" The secretary of revenue may prepare a list of at least one hundred delinquent persons who owe the largest amount of tax for chapters 10-45, 10-45D, 10-46, 10-46E, 10-46A, 10-46B, 10-52, 10-52A, 10-58, and 10-33A and § 32-5B-20, and that are delinquent in the payment of tax for chapters 10-45, 10-45D, 10-46, 10-46E, 10-46A, 10-46B, 10-52, 10-52A, 10-58, and 10-33A and § 32-5B-20 to the department, if a lien has been filed against the person. The list shall include at least the top one hundred persons with total delinquent final liabilities for tax in chapters 10-45, 10-45D, 10-46, 10-46E, 10-46A, 10-46B, 10-52, 10-52A, 10-58, and 10-33A and § 32-5B-20, including penalties and interest. The list shall contain the person's name; the business name, if any; address; and the amount of total tax, penalties and interest outstanding of each delinquent person.

Section 2. That chapter 10-59 be amended by adding thereto a NEW SECTION to read as follows:

At least ninety days before the disclosure of the name of a delinquent person prescribed in section 1 of this Act, the secretary of revenue shall mail a written notice to the delinquent person at that person's last known address informing the person that the failure to resolve the tax delinquency could result in the person's name being included in a list of delinquent persons that is published on the internet on a web site maintained by the department pursuant to this Act. If the delinquent tax has not been paid within ninety days after the notice was mailed, and the person has not, since the mailing of the notice, either paid the delinquent tax or entered into a written agreement with the department for payment of the delinquency or corrected a default in

an existing agreement to the satisfaction of the secretary, the secretary may disclose the tax delinquency in the list of delinquent persons.".

On page 2, delete lines 1 to 12, inclusive.

On page 2, line 15, after "disclosure" insert "described in section 1 of this Act".

On page 3, delete lines 3 and 4, and insert "The name of a person on the list described in section 1 of this Act shall be removed within ten days after the delinquent debt payment has been processed by the department.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13, of the printed bill, after "." insert "The term, bedding, only includes straw, corn stover, and bean straw.".

On page 2, line 9, after "." insert "The term, bedding, only includes straw, corn stover, and bean straw.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1105 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1115 and 1203 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

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

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in HCR 1002.

Also MR. SPEAKER:

I have the honor to return herewith HB 1022, 1023, and 1025 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 4, 9, 23, 36, and 47 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on HB 1059 as found on pages 234 and 235 of the House Journal; also

Commerce and Energy on HB 1035 as found on pages 235 and 236 of the House Journal; also

Education on HB 1195 as found on pages 236 and 237 of the House Journal; also

Judiciary on HB 1132 as found on page 250 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 4: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the veterans' bonus program and to declare an emergency.

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

SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and dentists who have complied with the requirements of the physician tuition reimbursement program and dental tuition reimbursement program and to declare an emergency.

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

SB 23: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

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

SB 36: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

SB 47: FOR AN ACT ENTITLED, An Act to increase the authorized square footage for the motor pool building at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1177: FOR AN ACT ENTITLED, An Act to establish provisions to exempt breastfeeding mothers or new parents from jury duty.

Was read the second time.

The question being "Shall HB 1177 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Tornow

Excused:
Munsterman

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 1076: FOR AN ACT ENTITLED, An Act to retain certain members of municipal governing bodies in office following the redistricting of municipal wards.

Was read the second time.

The question being "Shall HB 1076 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Nays:
Tornow

Excused:
Munsterman

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 1088: FOR AN ACT ENTITLED, An Act to revise certain requirements for charging and collecting certain fees for confining certain people in the county jail.

Was read the second time.

The question being "Shall HB 1088 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Nays:
Tornow

Excused:
Munsterman

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 1196: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning lobbyists.

Was read the second time.

The question being "Shall HB 1196 pass?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Nays:
Tornow

Excused:
Munsterman

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. Olson moved that HB 1036 be placed to follow HB 1147 on today's calendar.

Which motion prevailed.

HB 1037: FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture mediation program.

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

The question being "Shall HB 1037 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Munsterman

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 1026: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary statutes related to the Department of Social Services.

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

The question being "Shall HB 1026 pass?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Nelson (Stace)

Excused:
Munsterman

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 1041: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2012 state aid to special education appropriation to fiscal year 2013 for the purpose of maintaining federal maintenance of effort levels.

Was read the second time.

The question being "Shall HB 1041 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Munsterman

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.

HB 1171: FOR AN ACT ENTITLED, An Act to establish a board to regulate certain emerging complementary health professionals with no current state regulatory board.

Was read the second time.

Rep. Lust moved that HB 1171 be deferred to Thursday, February 2, the 14^th legislative day.

Which motion prevailed.

HB 1154: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the construction of roads outside the road district.

Was read the second time.

The question being "Shall HB 1154 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Russell

Excused:
Munsterman

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 1182: FOR AN ACT ENTITLED, An Act to revise the filing deadlines for the nomination of certain independent candidates.

Was read the second time.

The question being "Shall HB 1182 pass?"

And the roll being called:

Yeas 47, Nays 22, Excused 1, Absent 0

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

Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Russell; Schrempp; Sigdestad; Street; Wismer

Excused:
Munsterman

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 1004: A JOINT RESOLUTION, To propose a constitutional amendment regarding legislative term limits.

Was read the second time.

The question being "Shall HJR 1004 pass?"

And the roll being called:

Yeas 43, Nays 26, Excused 1, Absent 0

Yeas:
Abdallah; Bolin; Brunner; Conzet; Cronin; Deelstra; Fargen; Feickert; Gibson; Gosch; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jones; Killer; Kirschman; Kloucek; Kopp; Magstadt; Miller; Moser; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; White; Wick; Wink; Wismer; Speaker Rausch

Nays:
Blake; Boomgarden; Carson; Dennert; Dryden; Elliott; Feinstein; Greenfield; Haggar; Hansen (Jon); Iron Cloud III; Jensen; Kirkeby; Liss; Lucas; Lust; Nelson (Stace); Russell; Schrempp; Steele; Tornow; Van Gerpen; Vanneman; Venner; Verchio; Willadsen

Excused:
Munsterman

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.

Rep. Lust moved that the balance of the calendar including HB 1120, 1124, 1147, and 1036 be deferred to Wednesday, February 1, the 13^th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1022, 1023, and 1025 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1022: FOR AN ACT ENTITLED, An Act to revise certain parole hearing provisions regarding inmate compliance, waivers, and teleconferencing.

HB 1023: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to the Department of Corrections.

HB 1025: FOR AN ACT ENTITLED, An Act to make aggravated incest a violent crime for purposes of setting an initial parole date.

SB 12: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2011.

And signed the same in the presence of the House.

HC 1009 Introduced by: Representatives Lucas, Blake, Boomgarden, Fargen, Feickert, Gibson, Haggar, Hawley, Hickey, Hubbel, Iron Cloud III, Jensen, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Magstadt, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Rozum, Russell, Schaefer, Schrempp, Scott, Sigdestad, Sly, Street, Tulson, Van Gerpen, Verchio, and Willadsen and Senators Hansen (Tom), Bradford, Buhl, Cutler, Frerichs, Fryslie, Holien, Hundstad, Juhnke, Krebs, Novstrup (Al), Rhoden, Sutton, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2011 Habitat for Humanity South Dakota Habitat Supporters of the Year.

WHEREAS, Habitat for Humanity South Dakota recently celebrated the hard work and volunteerism of the fourteen local Habitat for Humanity affiliates throughout South Dakota by

recognizing the work of the Habitat Supporters of the Year at the 2011 Fundraiser and Recognition Banquet; and

WHEREAS, Habitat for Humanity throughout South Dakota has achieved another milestone with the construction of the three hundred eighty-fifth Habitat home in South Dakota, the result of the generosity of countless volunteers, as well as many sweat-equity hours contributed by the homeowner families; and

WHEREAS, it is fitting and proper that the South Dakota Legislature acknowledge the selfless work of these Habitat Supporters of the Year toward the goal of creating affordable housing and eliminating poverty housing in South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Avera Brookings, Avera St. Luke's Hospital, David McCaa, Hank Henderson, Dave Diehl, Wells Fargo Housing Foundation and Team Member Volunteers from the Madison Branch, Andrew Ruhin, Mitchell Habitat for Humanity Board of Directors, Don and Linda Zeller, Todd Schweiger, Wendell Cook, First PREMIER Bank and PREMIER Bankcard, Habitat 500 Bike Team, and Dan Gergen have achieved the distinction of Habitat for Humanity Supporters of the Year 2011 in South Dakota.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:58 p.m. the House adjourned.

Karen Gerdes, Chief Clerk