JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 22, 2009

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Susan Carr, followed by the Pledge of Allegiance led by House pages Desiree Schaefers and Brittany Scheier.

     Roll Call: All members present except Reps. Brunner, Deadrick, Hoffman, and Kopp 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 sixth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1054 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1006 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 1002 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 6, 7, 15, 24, 27, 28, 35, 61, and 62 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Faehn moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 23rd, the 8th legislative day.

     Which motion prevailed.



CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1079 as found on page 96 of the House Journal ; also

     Judiciary on HB 1088 as found on page 96 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1096  Introduced by:  Representatives Nygaard, Blake, Bolin, Burg, Dennert, Feickert, Feinstein, Frerichs, Gibson, Iron Cloud III, Kirkeby, Kirschman, Lederman, Olson (Betty), Schlekeway, Schrempp, Solberg, Sorenson, Street, and Vanderlinde and Senators Ahlers, Adelstein, Bartling, Bradford, Hanson (Gary), Heidepriem, Hundstad, Jerstad, Maher, Nesselhuf, Novstrup (Al), and Peterson

     FOR AN ACT ENTITLED, An Act to provide for a temporary reduction of legislator salaries and to declare an emergency.

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

     HB 1097  Introduced by:  Representatives Cutler, Deadrick, Engels, Feinstein, Gosch, Hunt, Lust, and Russell and Senators Abdallah, Gillespie, Heidepriem, and Knudson

     FOR AN ACT ENTITLED, An Act to provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.

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

     HB 1098  Introduced by:  Representatives Hunhoff (Bernie), Moser, Steele, and Van Gerpen and Senators Gillespie, Abdallah, Ahlers, and Garnos

     FOR AN ACT ENTITLED, An Act to regulate state investment in certain companies conducting business in Sudan.

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


     HB 1099  Introduced by:  Representatives Rounds, Boomgarden, Cutler, Dennert, Faehn, Feinstein, Greenfield, Kirkeby, Lucas, Novstrup (David), Russell, Street, and Turbiville and Senators Gillespie, Bartling, Gant, Gray, Maher, Miles, Schmidt, and Tieszen

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for residential property that is destroyed while under construction.

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

     HB 1100  Introduced by:  Representatives Rounds, Boomgarden, Cutler, Dennert, Faehn, Feinstein, Frerichs, Greenfield, Kirkeby, Lucas, Novstrup (David), Street, and Turbiville and Senators Gillespie, Bartling, Gant, Gray, Howie, Maher, Miles, Schmidt, and Tieszen

     FOR AN ACT ENTITLED, An Act to revise where business records of insurance producers may be maintained.

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

     HB 1101  Introduced by:  Representatives Gosch, Bolin, Boomgarden, Deadrick, Greenfield, Jensen, Kirkeby, Kopp, Lederman, Olson (Ryan), Romkema, Solum, Verchio, and Wink and Senators Abdallah, Ahlers, Brown, Gant, Maher, and Schmidt

     FOR AN ACT ENTITLED, An Act to allow affidavits for change of judge in habeas corpus actions.

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

     HB 1102  Introduced by:  Representatives Lust, Cutler, Deadrick, Engels, Feinstein, Hunt, Lederman, Peters, and Turbiville and Senators Gillespie, Abdallah, Bartling, Gray, Heidepriem, Maher, Nelson, Nesselhuf, and Schmidt

     FOR AN ACT ENTITLED, An Act to prohibit certain contractual provisions that restrict legal actions to locations outside the state.

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

     HB 1103  Introduced by:  Representatives Lust, Cutler, Deadrick, Feinstein, Hunt, and Russell and Senators Gillespie, Heidepriem, and Knudson

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding limited partnerships and limited liability companies related to the rights of judgment creditors.

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



     HB 1104  Introduced by:  Representatives Gosch, Cronin, Hoffman, Jensen, Kopp, Novstrup (David), Pitts, Romkema, Sly, and Solum and Senators Olson (Russell), Brown, Gant, Howie, and Tieszen at the request of the Department of Game, Fish and Parks

     FOR AN ACT ENTITLED, An Act to authorize a sentencing court to impose consecutive revocations of hunting, fishing, or trapping privileges under certain conditions.

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

     HB 1105  Introduced by:  Representatives Kirkeby, Brunner, Cutler, Frerichs, Gibson, Gosch, Hoffman, Jensen, Kopp, Krebs, Lederman, Moser, Nygaard, Olson (Betty), Rave, Sly, Turbiville, Vanderlinde, and Verchio and Senators Adelstein, Abdallah, Bradford, Gant, Haverly, Kloucek, Maher, and Schmidt

     FOR AN ACT ENTITLED, An Act to require public high school students to perform acts of volunteerism in order to receive a high school diploma.

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

     HB 1106  Introduced by:  Representatives Olson (Betty), Brunner, Hoffman, Kirkeby, Kopp, Moser, Schrempp, and Steele and Senators Howie, Bartling, Bradford, Garnos, Maher, Rhoden, and Schmidt

     FOR AN ACT ENTITLED, An Act to deposit money in the permanent school fund based on acres of school and public lands open to public hunting.

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

     HB 1107  Introduced by:  Representatives Olson (Betty), Brunner, Fargen, Frerichs, Greenfield, Hoffman, Kirkeby, Kopp, Moser, Russell, Schrempp, Sorenson, Steele, Turbiville, Verchio, and Wink and Senators Rhoden, Bradford, Howie, Maher, and Schmidt

     FOR AN ACT ENTITLED, An Act to revise the composition of the State Brand Board, to provide for its election by district, and to revise certain powers of the board.

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


     HB 1108  Introduced by:  Representatives Engels, Blake, Burg, Cutler, Dennert, Elliott, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hunt, Killer, Lange, Lucas, Lust, Noem, Peters, Schrempp, Solberg, Sorenson, Street, Vanderlinde, and Wismer and Senators Gant, Abdallah, Bradford, Heidepriem, Jerstad, Miles, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the purchase of stationary for county officers.

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

     HB 1109  Introduced by:  Representatives Engels, Blake, Burg, Cutler, Dennert, Elliott, Fargen, Feickert, Feinstein, Frerichs, Gibson, Iron Cloud III, Killer, Kirschman, Lange, Lucas, Lust, Noem, Peters, Schrempp, Sorenson, Street, Thompson, Vanderlinde, and Wismer and Senators Gant, Abdallah, Bradford, Heidepriem, Jerstad, Miles, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to eliminate the offices of county and township constables.

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

     HB 1110  Introduced by:  Representatives Engels, Blake, Burg, Cutler, Dennert, Elliott, Fargen, Feickert, Feinstein, Frerichs, Gibson, Iron Cloud III, Killer, Kirschman, Lange, Lucas, Lust, Noem, Peters, Schrempp, Sorenson, Street, Thompson, and Vanderlinde and Senators Gant, Abdallah, Bradford, Heidepriem, Jerstad, Miles, Tieszen, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to limited liability for Y2K litigation.

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

     HB 1111  Introduced by:  Representatives Engels, Blake, Burg, Cutler, Dennert, Elliott, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hunt, Iron Cloud III, Killer, Kirschman, Lange, Lucas, Lust, Noem, Peters, Schrempp, Solberg, Sorenson, Street, Thompson, and Vanderlinde and Senators Gant, Abdallah, Bradford, Heidepriem, Jerstad, Miles, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to clarify and repeal certain redundancies in the provisions relating to the sale of substandard milk.

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


     HB 1112  Introduced by:  Representatives Hunhoff (Bernie), Engels, Faehn, Fargen, Gibson, Kirschman, Solberg, Steele, and Wink and Senators Peterson, Fryslie, Maher, Nelson, and Vehle

     FOR AN ACT ENTITLED, An Act to establish certain restrictions and notification requirements related to encumbrances on wind easements.

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

     HB 1113  Introduced by:  Representatives Hunhoff (Bernie), Fargen, Kirkeby, and Solberg and Senators Heidepriem, Fryslie, and Maher

     FOR AN ACT ENTITLED, An Act to require the filing of the complete contents of wind easement agreements with the register of deeds.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 6: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the code.

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

     SB 7: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2008.

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

     SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the confidentiality and release of certain child abuse or neglect information.

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

     SB 24: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the retention of insurance claim files.

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

     SB 27: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the renewal of limited or restricted insurance producer's licenses.

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



     SB 28: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the coordination of benefits and the rescission of individual health insurance.

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

     SB 35: FOR AN ACT ENTITLED, An Act to revise the definition of an assisted living center.

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

     SB 61: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspection.

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

     SB 62: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the delegation of powers by the Public Utilities Commission.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1045: FOR AN ACT ENTITLED, An Act to repeal the provisions for the South Dakota Academic Achievement Test Advisory Council.

     Was read the second time.

     The question being "Shall HB 1045 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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


     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 1027: FOR AN ACT ENTITLED, An Act to provide for certain employer insurance assistance programs.

     Was read the second time.

     The question being "Shall HB 1027 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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

     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 1029: FOR AN ACT ENTITLED, An Act to modify the requirements for a filing of a consent to rate for property casualty insurance.

     Was read the second time.

     The question being "Shall HB 1029 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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

     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 1030: FOR AN ACT ENTITLED, An Act to repeal certain requirements for the filing of annual actuarial certifications.

     Was read the second time.

     The question being "Shall HB 1030 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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

     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 1047: FOR AN ACT ENTITLED, An Act to increase the membership of the board of directors of the Economic Development Finance Authority.

     Was read the second time.


     The question being "Shall HB 1047 pass?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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; Speaker Rave

     Nays:
Engels; Feinstein; Wismer

     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 1087: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the number of peremptory challenges in cases involving very high felonies.

     Was read the second time.

     The question being "Shall HB 1087 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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

     Excused:
Brunner; Deadrick; Hoffman; Kopp


     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 1044: FOR AN ACT ENTITLED, An Act to define a multidistrict, career and technical academy and to provide provisions for the establishment of such an academy.

     Was read the second time.

     The question being "Shall HB 1044 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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

     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 the eligibility requirements for the Richard Hagen-Minerva Harvey memorial scholarship award.

     Was read the second time.

     The question being "Shall HB 1046 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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

     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance requirements.

     Was read the second time.

     The question being "Shall HB 1020 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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

     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 1018: FOR AN ACT ENTITLED, An Act to require a portion of the annual report filing fee paid by certain entities to be deposited in the financing statement and annual report filing fee fund.

     Was read the second time.



     Rep. Faehn moved that HB 1018 and 1084 be deferred to Monday, January 26th, the 9th legislative day.

     Which motion prevailed.

     HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning magistrate judge jurisdiction.

     Was read the second time.

     The question being "Shall HB 1085 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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

     Excused:
Brunner; Deadrick; Hoffman; Kopp

     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 1:42 p.m. the House adjourned.

Karen Gerdes, Chief Clerk


JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a budget message from the Governor, M. Michael Rounds. The President of the Senate, Dennis Daugaard, presided.

    The following prayer was delivered by Pastor Susan Carr, Pierre/Ft. Pierre Ministerial Association:



    O God, whom we know by many names,

    We know that You are always present with us, but we often do not stop from our own agendas and plans to listen to You. And so, we ask that You would make us mindful that our work here is not for our own power or prestige, it is not for our own party, but rather that we are here, entrusted with the high calling of serving this state and its people. Keep us humble we pray.

    We come before You now with hearts and minds that are full of anxiety and uncertainty. Teach us again not to be afraid; but to trust that if You have brought us to a place, You will see us through it. Make us leaders that are more interested in the public interest than in our own self-interests. Keep us faithful as stewards entrusted with this public duty to care for the citizens and the land and resources and institutions of this state.

    We pray this day for our new President, Barack Obama, and we pray that You will protect and guide him with wisdom and courage. We pray for those who represent us in Washington, DC, that they may build bridges where possible and seek the public good. We pray for Governor Rounds and for the difficult decisions that he has had to struggle with in these days and that he may find strength in You as he seeks to present and secure a budget that will meet the needs of this state. We pray for each member who will have to make difficult decisions in the days ahead. We pray and give thanks for the staff who offer their support to this work. Keep us always patient with each other and forgiving.

    O God, we do not ask for easy lives, but for strength to live up to the challenge of this new day. We do not ask for the mountain to be taken away, but for courage to climb it together. So go before us now, O God, empower your servants in their calling. In hope and in patience we pray. Amen.

    The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the following members were present:

Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen, Tom; Hanson, Gary; Haverly; Heidepriem; Howie; Hundstad; Hunhoff, Jean; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup, Al; Olson, Russell; Peterson; Schmidt; Tieszen; Vehle.

    The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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.


    Sen. Knudson moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable M. Michael Rounds, Governor of the State of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Gray, Knudson, and Heidepriem on the part of the Senate and Reps. Faehn, Noem, Bernie Hunhoff, and Dennert on the part of the House.

    The Sergeant at Arms announced the arrival of the Honorable M. Michael Rounds, who was escorted to the rostrum.

    The Lieutenant Governor, Dennis Daugaard, introduced the Honorable M. Michael Rounds, who delivered the budget message.

    Sen. Knudson moved that the Joint Session do now dissolve.

    Which motion prevailed.


JOINT SESSION

    Pursuant to the report of the Joint-Select Committee as found on pages 47 and 48 of the House Journal, the House of Representatives and the Senate 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:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of fourteen former members of the South Dakota Legislature, namely: the Honorable Raymond E. Dana, the Honorable Robert R. Giebink, the Honorable Wallace B. "Wally" Hanson; the Honorable Douglas W. Johnson; the Honorable Juel S. Johnson; the Honorable James "Jim" Kesling; the Honorable Sidney R. Knutson; the Honorable Frances S. "Peg" Lamont; the Honorable Donald A. L'Esperance; the Honorable Merle E. Lofgren; the Honorable Charles Q. "Chuck" Mateer; the Honorable Orville Smith; the Honorable Jay Swisher; and the Honorable Francis "Frank" Thieman; 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-fourth 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 benefitted 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-fourth Session of the Legislature of the State of South Dakota, now assembled this 22nd day of January, 2009, at Pierre, South Dakota.