JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



SEVENTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 5, 2009

     The House convened at 12:30 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Gail Gabriel.

     Roll Call: All members present except Reps. Dreyer, Gosch, Lust, Pitts, and Vanneman 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 sixteenth 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 Taxation respectfully reports that it has had under consideration HB 1215 and returns the same with the recommendation that said bill be amended as follows:

1215fa

     On page 1, line 4, of the printed bill, after "," insert "before June 30, 2010,".

     On page 1, line 5, delete everything after "of" and insert "one million five hundred thousand dollars ($1,500,000),".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1190 and 1194 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1111 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1106, 1141, and 1249 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1238 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1077 which was tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1135 and 1151 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1027, 1030, and 1035 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HCR 1005 in which the Senate has concurred.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 3, 40, 81, 86, 99, 101, 107, and 108 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 2 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 Carmen Allcock, Caleb Anderson, Scott Athey, Dawn Beck, Brittni Butler, Breanna Dirksen, Hanna Distel, Gail Gabriel, Ian Hafner, Whitney Jencks, Jennifer Knock, and Lexy Weber

    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. Faehn moved that House Page Resolution 2 be adopted.

    Which motion prevailed and the resolution was adopted.

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

     Rep. Lucas moved that SCR 2 as found on pages 259 and 260 of the Senate Journal be concurred in.

     The question being on Rep. Lucas's motion that SCR 2 be concurred in.

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent 0

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

     Nays:
Iron Cloud III

     Excused:
Burg; Dreyer; Gosch; Lust; Pitts; Vanneman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1184 as found on page 286 of the House Journal ; also

     Education on HB 1186 as found on page 287 of the House Journal ; also

     Commerce on HB 1159 as found on page 288 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

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

     SB 40: FOR AN ACT ENTITLED, An Act to revise the financial assurance requirements for responding to accidental releases of chemical or biological ore leaching agents from certain permitted mines.

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


     SB 81: FOR AN ACT ENTITLED, An Act to authorize the use of interscholastic activity admission fees by certain endowment funds.

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

     SB 86: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application of the inventory tax on certain fuels in storage immediately prior to a tax increase.

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

     SB 99: FOR AN ACT ENTITLED, An Act to authorize Supreme Court rules related to the collection of fees, costs, and civil penalties.

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

     SB 101: FOR AN ACT ENTITLED, An Act to clarify the school residence of a child assigned to an approved out of district special education residential or tuition day program when the residence of the child's parent or guardian changes.

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

     SB 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the posting of the penalty for the illegal use of a designated parking space for a person with a physical disability.

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

     SB 108: FOR AN ACT ENTITLED, An Act to exclude parole agents from concealed weapons permit requirements.

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

     Rep. Faehn moved that the balance of the calendar including HB 1145, 1028, 1205, 1210, 1134, 1177, 1154, 1157, and 1152 be deferred to Monday, February 9th, the 18th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1046, 1055, and 1087 were delivered to his Excellency, the Governor, for his approval at 9:26 a.m., February 5, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1027, 1030, and 1035 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

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

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

     HB 1035: FOR AN ACT ENTITLED, An Act to  require the Secretary of State to redact certain numbers before furnishing copies of information.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1006  Introduced by:  Representatives Rave and Sorenson and Senator Ahlers

         A LEGISLATIVE COMMEMORATION,  Commending the Tri-Valley School District's observance of the National Education Association's "Read Across America Day."

     WHEREAS,  the staff, students, parents, and communities of the Tri-Valley School District stand firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and

     WHEREAS,  the Tri-Valley School District, through its mission statement, is committed to providing a safe environment where all students can acquire the skills, knowledge, and character necessary to be solid citizens; and

     WHEREAS,  the Tri-Valley Library Media Center is committed to promoting and encouraging reading for enjoyment, academic achievement, and life-long learning, as in accordance with the South Dakota Library Standards; and

     WHEREAS,  the National Education Association's (NEA) "Read Across America Day," a national celebration of Dr. Seuss's 105th birthday on March 2, 2009, promotes reading and adult involvement in the education of our community's students:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Tri-Valley School District be commended for promoting the importance of educational and recreational reading throughout the school and community through the "Fun With Reading Festival;" the citizens of the Tri-Valley School District be called upon to assure that every child engages in various activities associated with reading February 23-27, 2009, and March 2, 2009; the NEA's "Read Across America Day" be recognized and honored; and the schools in this state be urged to engage in programs and activities to make America's children the best readers in the world.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 12:57 p.m. the House adjourned.

Karen Gerdes, Chief Clerk