JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



EIGHTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 23, 2009

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

     The prayer was offered by the Chaplain, Sunshine Minzlaff, followed by the Pledge of Allegiance led by House page Lyndze Thompson.

     Roll Call: All members present except Reps. Boomgarden, Brunner, Deadrick, Faehn, Hoffman, Lucas, and Sorenson 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,
Timothy A. Rave, Chair

     Which motion prevailed.
  REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1035 and 1089 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1086 and returns the same with the recommendation that said bill be amended as follows:

1086rc

     On page 1, line 6, of the printed bill, delete " plaintiff " and insert " defendant ".

    And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1050 and 1057 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1049 and returns the same with the recommendation that said bill be amended as follows:

1049sa

     On page 4, line 6, of the printed bill, delete " less " and insert " more ".

1049sb

     On page 3, line 17, of the printed bill, delete " to an amount not to exceed ten percent of capital and surplus " and insert " as required by chapter 58-13 ".

    And that as so amended said bill do pass.

Respectfully submitted,
Brian Dreyer, Vice Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1043 and 1081 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1069 and returns the same with the recommendation that said bill be amended as follows:

1069oa

     On page 1, line 9, of the printed bill, overstrike ", except campaign".

     On page 1, line 10, overstrike "finance reports,".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill be referred to the Committee on Taxation.

Respectfully submitted,
Larry Tidemann, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 13, 23, 30, 33, 45, and 46 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 1 Introduced by: Representatives 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; 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; Rave; Romkema; Rounds; Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-fourth Legislature of the State of South Dakota to Miranda Bitz, Caitlin Brozik, Larissa Buchholz, Jennifer Eimers, Cortlyn Hagman, Hunter Kunerth, Hannah Lily, Matthew Mettler, Desiree Schaefers, Brittany Scheier, and Lyndze Thompson

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-fourth Legislative Session; and

    WHEREAS, the members of the Eighty-fourth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Rep. Noem moved that House Page Resolution 1 be adopted.

    Which motion prevailed and the resolution was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1114  Introduced by:  Representatives Dreyer, Burg, Dennert, Faehn, Hoffman, Hunt, Kirkeby, Lucas, Lust, Moser, Nygaard, Pitts, Rausch, Rave, Street, Tidemann, and Verchio and Senators Gant, Dempster, Garnos, Gray, Hansen (Tom), Hanson (Gary), Howie, Knudson, Maher, Merchant, Nelson, Olson (Russell), Peterson, Rhoden, and Vehle

     FOR AN ACT ENTITLED, An Act to allow a broker to form certain business entities under certain conditions.

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


     HB 1115  Introduced by:  Representatives Dreyer, Burg, Dennert, Faehn, Hoffman, Hunt, 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 increase the education requirement for broker associate license.

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

     HB 1116  Introduced by:  Representatives Dreyer, Burg, Faehn, Hoffman, Hunt, 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 require post-licensing education for broker associates.

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

     HB 1117  Introduced by:  Representatives Van Gerpen, Hunhoff (Bernie), Olson (Betty), Rausch, and Rounds and Senators Gant, Bartling, Kloucek, Miles, and Olson (Russell)

     FOR AN ACT ENTITLED, An Act to permit water user districts to provide certain health and life insurance benefits.

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

     HB 1118  Introduced by:  Representatives Turbiville, Burg, Cutler, Dennert, Engels, Faehn, Feickert, Kirkeby, Nygaard, Rave, Romkema, Solberg, and Thompson and Senators Nelson, Adelstein, Jerstad, Merchant, Rhoden, and Tieszen

     FOR AN ACT ENTITLED, An Act to revise the type of slot machines that may be owned or leased by the City of Deadwood.

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

     HB 1119  Introduced by:  Representatives Cutler, McLaughlin, and Street and Senators Tieszen, Abdallah, and Gillespie

     FOR AN ACT ENTITLED, An Act to require background checks for persons seeking employment with municipalities.

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


     HB 1120  Introduced by:  Representatives Olson (Betty), Brunner, Greenfield, Juhnke, Kirkeby, Kopp, Moser, Schrempp, and Steele and Senators Howie, Bartling, Bradford, Maher, Rhoden, and Schmidt

     FOR AN ACT ENTITLED, An Act to provide for the transfer of predatory animal control, rodent control, and reptile control from the Department of Game, Fish and Parks to the Department of Agriculture.

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

     HB 1121  Introduced by:  Representatives Steele, Bolin, Elliott, Feickert, Hoffman, Hunhoff (Bernie), Kirkeby, Kopp, Lederman, Lust, McLaughlin, Novstrup (David), Olson (Betty), Schlekeway, Solum, Sorenson, Thompson, and Van Gerpen and Senators Fryslie, Bradford, Gant, Garnos, Howie, Maher, Miles, Novstrup (Al), Peterson, Rhoden, and Schmidt

     FOR AN ACT ENTITLED, An Act to establish certain procedural requirements related to the relocation of electrical lines, communication lines, and pipelines.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the title to real property obtained by a tax deed.

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

     SB 23: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

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

     SB 30: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Department of Transportation file a copy of the official state trunk highway map with every county auditor.

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

     SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permission to carry a concealed pistol and to repeal certain requirements concerning applications to purchase a pistol.

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


     SB 45: FOR AN ACT ENTITLED, An Act to provide an exception to the practice of seclusion as it pertains to the treatment of a person with a developmental disability.

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

     SB 46: FOR AN ACT ENTITLED, An Act to change the name of adjustment training center to community support provider.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Noem moved that HB 1079, 1088, 1054, and 1006 be deferred to Monday, January 26th, the 9th legislative day.

     Which motion prevailed.

COMMEMORATIONS

     HC 1001  Introduced by:  Representatives Novstrup (David), 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, Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Novstrup (Al), 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, Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, and Vehle

         A LEGISLATIVE COMMEMORATION,  Honoring Coach Don Meyer for becoming the most winning coach in men's college basketball.

     WHEREAS,  on the night of January 10, 2009, Northern State University defeated the University of Mary by a score of 82-62 at the Barnett Center in Aberdeen, South Dakota, giving Coach Don Meyer win 903; and

     WHEREAS,  Coach Don Meyer's win surpassed that of Bobby Knight's record of 902 career wins in men's college basketball, making Coach Meyer the most winning coach in men's college basketball; and
     WHEREAS,  Coach Don Meyer has contributed a great deal to his community and state because of the model of commitment and inspiration he is to his students, athletes, staff, and people around him; and

     WHEREAS,  his talents to lead by example and his dedication to enhance every student's life is truly a credit to the strength of our communities, and the vigor of American society:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Coach Don Meyer be honored for becoming the most winning coach in men's college basketball.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:17 p.m. the House adjourned.

Karen Gerdes, Chief Clerk