House of Representatives Journal 1/21/2009 02:00 PM

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fifth 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

REPORTS OF STANDING COMMITTEES

The Committee on Education respectfully reports that it has had under consideration HB 1044 and 1046 and returns the same with the recommendation that said bills do pass.

The Committee on Education respectfully reports that it has had under consideration HB 1045 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ed McLaughlin, Chair

The Committee on State Affairs respectfully reports that it has had under consideration HB 1020 and returns the same with the recommendation that said bill do pass.

The Committee on State Affairs respectfully reports that it has had under consideration HB 1078 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

The Committee on Commerce respectfully reports that it has had under consideration HB 1018 and returns the same with the recommendation that said bill do pass.

The Committee on Commerce respectfully reports that it has had under consideration HB 1027, 1029, 1030, and 1047 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

The Committee on Commerce respectfully reports that it has had under consideration HB 1008, 1009, 1010, and 1011 and returns the same with the recommendation that said bills be referred to the Committee on Taxation.

MESSAGES FROM THE SENATE

I have the honor to transmit herewith SB 64 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1002: A CONCURRENT RESOLUTION, To honor and congratulate Barack Obama, the forty-fourth President of the United States of America.

Rep. Bernie Hunhoff moved that HCR 1002 as found on pages 81 and 82 of the House Journal be adopted.

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

Yeas 69, Nays 0, Excused 1, 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; 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

Rep. Faehn moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, January 22^nd, the 7^th legislative day.

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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1093 Introduced by: Representatives Cronin, Brunner, Fargen, Feickert, Hoffman, Kirkeby, Novstrup (David), Rounds, and Vanneman and Senators Brown, Bartling, Fryslie, Gray, Hanson (Gary), Maher, Nesselhuf, Novstrup (Al), Olson (Russell), and Peterson

FOR AN ACT ENTITLED, An Act to revise the boundaries of the James River Water Development District.

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

HB 1094 Introduced by: Representatives Hunt, Burg, Dennert, Dreyer, Faehn, Hoffman, Kirkeby, Krebs, Lucas, Moser, Nygaard, Pitts, Rausch, Rave, Street, Tidemann, and Verchio and Senators Hansen (Tom), Dempster, Gant, Garnos, Gray, Hanson (Gary), Howie, Knudson, Maher, Merchant, Nesselhuf, Olson (Russell), Peterson, Rhoden, and Vehle

FOR AN ACT ENTITLED, An Act to require applicants for licensure as real estate brokers, broker associates, salespersons, property managers, residential rental agents, auctioneers, home inspectors, and timeshare agents and such licensees who are 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 Commerce.

HB 1095 Introduced by: Representatives Hunt, Burg, Dennert, Dreyer, Faehn, Hoffman, Kirkeby, Krebs, Lucas, Moser, Nygaard, Pitts, Rausch, Rave, Street, Tidemann, and Verchio and Senators Hansen (Tom), Dempster, Gant, Garnos, Gray, Hanson (Gary), Knudson, Maher, Merchant, Nesselhuf, Olson (Russell), Peterson, Rhoden, and Vehle

FOR AN ACT ENTITLED, An Act to include the improper influence of a real estate appraisal by a real estate licensee to the acts constituting unprofessional conduct.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 64: FOR AN ACT ENTITLED, An Act to establish certain energy efficiency disclosure requirements for new residential buildings.

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

Speaker Pro tempore Rausch now presiding.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1032: FOR AN ACT ENTITLED, An Act to revise the definition of an accredited prevention or treatment facility for the purposes of the prevention and treatment of alcohol and drug abuse.

The question being "Shall HB 1032 pass?"

Yeas 69, Nays 0, Excused 1, Absent 0

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 1023: FOR AN ACT ENTITLED, An Act to authorize the secretary of transportation to create limited speed zones through highway work areas under certain conditions.

Was read the second time.

The question being "Shall HB 1023 pass?"

Yeas 69, Nays 0, Excused 1, Absent 0

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 1016: FOR AN ACT ENTITLED, An Act to revise the applicability of the rules of evidence to proceedings before the Board of Pardons and Paroles.

Rep. Greenfield moved that HB 1016 be amended as follows:

1016fa

On page 1, line 6, of the House Judiciary Committee engrossed bill, delete "9-12" and insert "19-12".

The question being "Shall HB 1016 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Hoffman

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 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions and procedures regarding elections.

The question being "Shall HB 1019 pass?"

Yeas 67, Nays 2, Excused 1, 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; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Lucas; Russell

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.

Speaker Rave now presiding.

HB 1083: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Commission on Gaming to assess costs of certain special meetings.

The question being "Shall HB 1083 pass?"

Yeas 60, Nays 9, Excused 1, Absent 0

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

Nays:
Deadrick; Hunt; Lange; Lust; Noem; Novstrup (David); Pitts; Russell; 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.

HB 1024: FOR AN ACT ENTITLED, An Act to authorize the Department of Transportation to regulate the operation of off-road vehicles in certain state highway ditches.

Rep. Rounds moved that HB 1024 be amended as follows:

1024oa

On page 1, line 5, of the printed bill, delete " secretary of the Department " and insert "Transportation Commission ".

On page 1, line 6, delete " of Transportation ".

On page 1, line 8, delete " secretary " and insert " Transportation Commission ".

The question being "Shall HB 1024 pass as amended?"

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; 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; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Feickert; Feinstein; Schrempp

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.

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

REPORTS OF STANDING COMMITTEES

The Committee on Judiciary respectfully reports that it has had under consideration HB 1084 and 1085 and returns the same with the recommendation that said bills do pass.

The Committee on Judiciary respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Judiciary respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill be amended as follows:

1079ra

On page 2, line 4, of the printed bill, after "resides," insert " applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, registers to vote, ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill be amended as follows:

1088rc

On page 1, line 7, of the printed bill, delete " sixty " and insert " thirty ".

On page 2, line 11, delete " sixty " and insert " thirty ".

And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE