JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 20, 2009

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

     The prayer was offered by the Chaplain, Father Kevin Doyle, followed by the Pledge of Allegiance led by House pages Cortlyn Hagman and Hunter Kunerth.

     Roll Call: All members present.

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,
Timothy A. Rave, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1012, 1013, and 1014 and returns the same with the recommendation that said bills be referred to the Committee on Retirement Laws.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1032 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1019 and 1083 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Knudson, and Heidepriem as a committee of three on the part of the Senate to meet with a like committee on the part of the House to make arrangements for a Joint Session to receive a message from the Governor on the budget.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Faehn moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for a Joint Session to receive a budget message from the Governor, the Honorable M. Michael Rounds.

    Which motion prevailed and the Speaker appointed as such committee Reps. Faehn, Rausch, and Bernie Hunhoff.

     HCR 1002  Introduced by:  Representatives Hunhoff (Bernie), Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Cronin, Curd, Cutler, Dennert, Dreyer, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Greenfield, Hamiel, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Olson (Ryan), Peters, Pitts, Rausch, Rave, Romkema, Rounds, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Heidepriem, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Olson (Russell), Peterson, Tieszen, Turbak Berry, and Vehle

         A CONCURRENT RESOLUTION,  To honor and congratulate Barack Obama, the forty-fourth President of the United States of America.

     WHEREAS,  Barack Obama has already lived a life of exemplary public service, serving individuals and families in Chicago as a community organizer, as a state legislator in the Illinois Legislature, and as a United States Senator; and

     WHEREAS,  Barack Obama campaigned for the presidency of the United States in 2008, bringing a message of hope and change to millions of Americans while visiting every region of our country, including South Dakota; and

     WHEREAS,  Barack Obama was duly elected our forty-fourth President by the American people on November 4, 2008; and

     WHEREAS,  President Obama will on this day take the oath of office and assume the heavy responsibilities and duties of the highest office in our land; and

     WHEREAS,  President Obama is the first African-American to rise to the highest office in the land, and in pursuit of the office gave new hope and inspiration to all Americans who may have felt excluded, neglected, powerless, or forgotten; and

     WHEREAS,  President Obama enters office in the midst of troubled economic times that will require cooperation, creativity, patience, and sacrifices from all Americans; and

     WHEREAS,  this Legislature seeks to work with the Obama Administration to seek bipartisan solutions to improve the economic and social well-being of South Dakotans and citizens of our fellow states; and

     WHEREAS,  South Dakotans take special pride in President Obama's appointment of Aberdeen native and former United States Senator Tom Daschle as the Secretary of the Department of Health and Human Services:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that we congratulate the new President and seek to work in a spirit of bipartisanship and cooperation for the benefit of South Dakota and all of America.

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

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Faehn moved that the report of the Standing Committee on

     Judiciary on HB 1016 as found on page 70 of the House Journal be adopted.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Governor on the budget respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 2:00 p.m., January 22, 2009.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved and that the Senate retire to the Senate Chamber to proceed with its regular order of business.

    That the message of the Governor be printed in the House Journal.

Respectfully submitted,    Respectfully submitted,
Bob Faehn    Bob Gray
Val Rausch    Dave Knudson
Bernie Hunhoff    Scott Heidepriem
House Committee    Senate Committee

    Rep. Faehn moved that the report of the Joint-Select Committee relative to arranging a Joint Session be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1090  Introduced by:  Representatives Turbiville, Blake, Cutler, Engels, Kirkeby, Lucas, Moser, Street, and Verchio and Senators Miles, Abdallah, Hundstad, Maher, and Nelson

     FOR AN ACT ENTITLED, An Act to schedule certain controlled substances and to declare an emergency.

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

     HB 1091  Introduced by:  Representatives Rave, Blake, Hunhoff (Bernie), and Tidemann and Senators Gray, Haverly, Hunhoff (Jean), and Miles

     FOR AN ACT ENTITLED, An Act to make an appropriation to initiate a master of social work degree program in higher education.

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

     HB 1092  Introduced by:  Representatives Rave, Blake, Boomgarden, Burg, Cutler, Dennert, Engels, Hunhoff (Bernie), Lucas, Peters, Pitts, Rausch, Solberg, Street, Tidemann, and Vanderlinde and Senators Hunhoff (Jean), Abdallah, Adelstein, Ahlers, Bartling, Brown, Dempster, Gant, Gillespie, Gray, Hansen (Tom), Heidepriem, Jerstad, Knudson, Merchant, Miles, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to regulate the practice of genetic counseling and to prohibit the practice of genetic counseling without a license.

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

HONORED GUESTS

     Rep. Putnam introduced the Tabor Czech Days Royalty: Queen Cindy Syrovatka, Princess Katie Kniffen, and Prince Brady Dangler.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1015: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding inmate appeal of prison disciplinary actions.

     Was read the second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     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 1017: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the escape from a nonsecure facility.

     Was read the second time.

     The question being "Shall HB 1017 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Deadrick

     Excused:
Feinstein

     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. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:29 p.m. the House adjourned.

Karen Gerdes, Chief Clerk