JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 4, 2009

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

     The prayer was offered by the Chaplain, Pastor John Rhoad, followed by the Pledge of Allegiance led by House pages Carmen Allcock and Breanna Dirksen.

     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 fifteenth 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.
COMMUNICATIONS AND PETITIONS

February 4, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 4, 2009, I approved House Bills 1015, 1016, 1017, and 1083, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1177 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill be amended as follows:

1184oa

     On page 4, line 1, of the printed bill, delete " containing " and insert " shall contain ".

     On page 4, line 1, delete " date of final " and insert " effective date of the referred law ".

     On page 4, line 2, delete " passage, the date of the Governor's signature ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1170 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

 Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1154 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1186 and returns the same with the recommendation that said bill be amended as follows:

1186cb

     On page 1, line 4, of the printed bill, delete "shall" and insert "may".

     On page 1, line 13, delete "shall" and insert "may".

     On page 1, line 14, delete "for five years".

     On page 2, delete lines 3 to 6, inclusive.

     On page 2, line 7, delete "dollars. However, the" and insert "The".

     On page 2, line 8, delete "during years six to ten".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1206 which was tabled.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1182 and 1223 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1157 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1102, 1128, and 1163 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1152 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1028 and 1205 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 Commerce respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill be amended as follows:

1159ta

     On the printed bill, delete everything after the enacting clause and insert:

     "      Section 1. That chapter 5-18 be amended by adding thereto a NEW SECTION to read as follows:

     For materials, supplies, and contracts pursuant to § 9-32-11, any local government may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor. The adjustments may not result in increases in the profit of the vendor, and shall be supported by written justification filed with the purchasing agent of the unit of local government."

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1098 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 4, 66, 79, and 121 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 2 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

HONORED GUESTS

     Rep. Rounds introduced the 2007-2008 Outstanding School Administrators of South Dakota: David Peters, Spearfish, School Superintendent; Richard Unruh, Jr., Yankton, School Business Official; Norman Graham, Sturgis, Elementary School Principal; Neil Goter, Wagner, Secondary School Principal; Michael Taplett, Huron, Middle School Principal; Brad Brandstrud, Watertown, Assistant Secondary Principal; Dorothy Zuiderhof, Brookings, Curriculum Director; and Dennis Champ, Pierre, Director of Special Education.

MOTIONS AND RESOLUTIONS

     SCR 2: A CONCURRENT RESOLUTION, Urging the reinstatement and funding of a federal inspection program governing horse slaughter and euthanasia facilities.

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

     Rep. Faehn moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Thursday, February 5th, the 17th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Local Government on HB 1134 as found on page 261 of the House Journal ; also

     Local Government on HB 1145 as found on page 262 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1300  Introduced by:  The Committee on Appropriations

     FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

     HB 1301  Introduced by:  The Committee on State Affairs at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to create the South Dakota Ellsworth Development Authority.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 4: FOR AN ACT ENTITLED, An Act to revise certain tax levy limitations and property tax levies for school districts.

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

     SB 66: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct an addition to the Northern State University Joseph H. Barnett Center and to accept donations for such purpose and to make an appropriation thereof.

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

     SB 79: FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of seat belt laws and to define passenger buses.

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

     SB 121: FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal election procedures.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1062: FOR AN ACT ENTITLED, An Act to increase the reward for certain information regarding livestock thefts.

     Was read the second time.

     The question being "Shall HB 1062 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 1063: FOR AN ACT ENTITLED, An Act to revise certain brand registration provisions concerning out-of-state brands on cattle sold in the livestock inspection area.

     Was read the second time.

     The question being "Shall HB 1063 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 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a private applicator of pesticides becoming a qualified driver for the purpose of motor carrier safety.

     Was read the second time.

     The question being "Shall HB 1126 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 1148: FOR AN ACT ENTITLED, An Act to clarify requirements for employment of a city engineer.

     Was read the second time.

     The question being "Shall HB 1148 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.

HONORED GUESTS

     Rep. Frerichs introduced Olivia Olson of Waubay, the 2009 South Dakota Snow Queen.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1099: 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 second time.

     The question being "Shall HB 1099 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 1171: FOR AN ACT ENTITLED, An Act to exempt any school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county.

     Was read the second time.

     Rep. Noem moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1171 pass?"

     And the roll being called:

     Yeas 36, Nays 34, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Burg; Carson; Cronin; Dennert; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirschman; Lange; Lucas; Novstrup (David); Nygaard; Olson (Betty); Pitts; Russell; Schlekeway; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Vanneman; Wink

     Nays:
Boomgarden; Brunner; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Gosch; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Verchio; 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 1122: FOR AN ACT ENTITLED, An Act to require that prosecutors notify victims of domestic abuse regarding the status of their case.

     Was read the second time.

     The question being "Shall HB 1122 pass?"

     And the roll being called:

     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; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; 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:
Noem

     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 1138: FOR AN ACT ENTITLED, An Act to provide for the defeasance of the Commission on the Status of Women.

     Was read the second time.

     The question being "Shall HB 1138 pass?"

     And the roll being called:

     Yeas 53, Nays 17, Excused 0, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Solberg; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer

     Nays:
Blake; Feickert; Feinstein; Frerichs; Gibson; Iron Cloud III; Killer; Kirkeby; Lucas; McLaughlin; Moser; Nygaard; Pitts; Sly; Thompson; Vanderlinde; 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 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the mortgage lender business and to provide for fees and penalties related thereto.

     Was read the second time.

1060sf

     Rep. Rounds moved that HB 1060 be amended as follows:

     On page 7 of the House Commerce Committee engrossed bill, delete lines 19 to 21, inclusive.

     On page 18, after line 16, insert:

"
     Section 27. That chapter 54-14 be amended by adding thereto a NEW SECTION to read as follows:

     In order to implement the minimum licensing standards and additional burdens imposed in section 7 and 9 of this Act, the effective date of these sections will be:

             (1)    For all individuals other than individuals described in subsection (b) shall be July 31, 2010;

             (2)    For all individuals licensed as mortgage loan originators as of the enactment of this Act shall be December 31, 2010.".

     Which motion prevailed.

     The question being "Shall HB 1060 pass as amended?"

     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 two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

    Speaker Pro tempore Rausch now presiding.

     HB 1197: FOR AN ACT ENTITLED, An Act to allow single-family dwellings that are under construction or listed for sale by contractors to be classified as owner-occupied single- family dwellings for the purpose of taxation.

     Was read the second time.

     The question being "Shall HB 1197 pass?"

     And the roll being called:

     Yeas 65, Nays 5, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; 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; Verchio; Wink; Speaker Rave

     Nays:
Brunner; Deadrick; Juhnke; Vanneman; Wismer

     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. Faehn moved that HB 1210 be deferred to Thursday, February 5th, the 17th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1029, 1032, 1044, 1045, and 1085 were delivered to his Excellency, the Governor, for his approval at 8:40 a.m., February 4, 2009.

Respectfully submitted,
Timothy A. Rave, Chair

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:47 p.m. the House adjourned.

Karen Gerdes, Chief Clerk