JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



EIGHTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 9, 2009

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

     The prayer was offered by the Chaplain, Father Michael Griffin, followed by the Pledge of Allegiance led by House page Elizabeth Nehlich.

     Roll Call: All members present except Reps. Gibson, Killer, and Ryan Olson 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 seventeenth 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.
    The oath of office was administered by Speaker Rave to the following named pages:

    Eric Brunner, Tracy Gebhart, Emma Heggen, Matthew Huber, Darcy Leischner, Tessa Lueth, Gina Mairose, Elizabeth Nehlich, Zachary Rogen, Anna Safronova, Ashley Schilling, Abby Settje, Deitrich Thompson, Jacob Tiede, Angela Weeldreyer.

    Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 6, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 5, 2009, I approved House Bills 1029, 1032, 1044, 1045, 1046, 1055, 1085, and 1087, 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 Transportation respectfully reports that it has had under consideration HB 1140 and returns the same with the recommendation that said bill be amended as follows:

1140oa

     On page 1, after line 13 of the printed bill, insert:

"      Section 4. This Act only becomes effective upon completion of the proposed sale of the state-owned Napa Railroad Line.".


    And that as so amended said bill be referred to the Committee on Appropriations.


Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1121 and 1160 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1233 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 1239 and returns the same with the recommendation that said bill be amended as follows:

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     On page 2, line 14, of the printed bill, delete "compensation and".

    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  1187 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  1282 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  1178 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.


Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1180, 1235, and 1236 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1150, 1158, and 1203 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1047 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 90 which has passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     SCR 1: A CONCURRENT RESOLUTION, Reappointing Mr. Marty Guindon of Pierre, South Dakota, to the office of auditor general.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on HB 1215 as found on page 300 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 90: FOR AN ACT ENTITLED, An Act to increase the number of varieties of malt beverages, wine, distilled spirits, liqueur, and cordials that an off-sale alcoholic beverage licensee may offer for sampling in one day.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1145: FOR AN ACT ENTITLED, An Act to revise provisions related to the waiver or reduction of certain special assessments.

     Was read the second time.

     The question being "Shall HB 1145 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); 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:
Gibson; Killer; Olson (Ryan)

     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 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of real estate appraisers and the conditions upon which a penalty may be imposed on a real estate appraiser.

     Was read the second time.

     The question being "Shall HB 1028 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); 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:
Gibson; Killer; Olson (Ryan)

     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 1205: FOR AN ACT ENTITLED, An Act to permit an applicant for a responsible broker's license to complete the required fifteen hours of education beyond the broker associate level after licensure as a responsible broker.

     Was read the second time.

     The question being "Shall HB 1205 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); 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:
Gibson; Killer; Olson (Ryan)

     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 1111: 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 second time.

     The question being "Shall HB 1111 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); 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:
Gibson; Killer; Olson (Ryan)

     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 1210: FOR AN ACT ENTITLED, An Act to revise certain provisions of administrative rules that establish the mileage allowance for the use of privately owned motor vehicles by state employees.

     Was read the second time.

     The question being "Shall HB 1210 pass?"

     And the roll being called:

     Yeas 23, Nays 44, Excused 3, Absent 0

     Yeas:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Hunhoff (Bernie); Iron Cloud III; Kirschman; Lange; Lucas; Nygaard; Rounds; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

     Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

     Excused:
Gibson; Killer; Olson (Ryan)

     So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

     HB 1134: FOR AN ACT ENTITLED, An Act to require notice of the cost of certain publications.

     Was read the second time.

1134fd

     Rep. Hunt moved that HB 1134 be amended as follows:

     On page 1, line 7, of the House Local Government Committee engrossed bill, delete "publication" and insert "public notice".

     Which motion prevailed.

     The question being "Shall HB 1134 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Burg; Elliott; Engels; Olson (Betty); Sorenson; Vanderlinde

     Excused:
Gibson; Killer; Olson (Ryan)

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

1134fta

     Rep. Hunt moved that the title to HB 1134 be amended as follows:

     On page 1, line 1, of the House Local Government Committee engrossed bill, delete "publications" and insert "public notices".

     Which motion prevailed and the title was so amended.

      HB 1177: FOR AN ACT ENTITLED, An Act to revise the definition of transmission facilities.

     Was read the second time.

1177fa

     Rep. Brunner moved that HB 1177 be amended as follows:

     On page 2, after line 9 of the printed bill, insert:

"

     Nothing in this section precludes a utility from applying to the commission for a permit for the construction of an electric transmission line and associated facilities with a design of one hundred fifteen kilovolts or less. ".

     Which motion prevailed.

     The question being "Shall HB 1177 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 14, Excused 3, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Faehn; Fargen; Frerichs; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Engels; Feickert; Feinstein; Greenfield; Iron Cloud III; Lucas; Noem; Nygaard; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde

     Excused:
Gibson; Killer; Olson (Ryan)

     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 1154: FOR AN ACT ENTITLED, An Act to revise certain requirements for eligibility for opportunity scholarships.

     Was read the second time.

     The question being "Shall HB 1154 pass?"

     And the roll being called:

     Yeas 37, Nays 29, Excused 4, Absent 0

     Yeas:
Blake; Bolin; Brunner; Burg; Curd; Cutler; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Juhnke; Kirschman; Krebs; Lange; Lucas; McLaughlin; Moser; Novstrup (David); Nygaard; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Thompson; Turbiville; Vanderlinde; Vanneman; Wismer

     Nays:
Boomgarden; Carson; Cronin; Deadrick; Dreyer; Faehn; Gosch; Greenfield; Hunt; Jensen; Kirkeby; Kopp; Lederman; Lust; Noem; Olson (Betty); Peters; Pitts; Rausch; Rounds; Russell; Solum; Steele; Street; Tidemann; Van Gerpen; Verchio; Wink; Speaker Rave

     Excused:
Gibson; Killer; Olson (Ryan); Putnam

     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 1157: FOR AN ACT ENTITLED, An Act to provide for the establishment of a task force to study issues relating to domestic abuse and sexual assault and to declare an emergency.

     Was read the second time.

1157ja

     Rep. Cutler moved that HB 1157 be amended as follows:

     On page 2 of the printed bill, delete lines 8 to 10, inclusive.

     Which motion lost.

     The question being "Shall HB 1157 pass?"

     And the roll being called:

     Yeas 33, Nays 33, Excused 4, Absent 0

     Yeas:
Blake; Brunner; Curd; Cutler; Elliott; Engels; Feickert; Feinstein; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Kirschman; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Nygaard; Pitts; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Street; Thompson; Van Gerpen; Vanderlinde; Vanneman; Wismer

     Nays:
Bolin; Boomgarden; Burg; Carson; Cronin; Deadrick; Dennert; Dreyer; Faehn; Fargen; Frerichs; Gosch; Greenfield; Hamiel; Hunt; Juhnke; Kirkeby; Kopp; Lederman; Noem; Novstrup (David); Olson (Betty); Peters; Rausch; Rounds; Solum; Sorenson; Steele; Tidemann; Turbiville; Verchio; Wink; Speaker Rave

     Excused:
Gibson; Killer; Olson (Ryan); Putnam

     So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill lost.

     Rep. Faehn moved that HB 1152, 1184, 1186, 1159, and 1238 be deferred to Tuesday, February 10th, the 19th legislative day.

     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill be amended as follows:

1080rb

     On page 8, line 11, of the printed bill, after "state." insert "Nothing in this Act prohibits the collection of tax against a person receiving cigarettes or tobacco products in violation of this chapter.".

     On page 8, delete lines 12 to 24, inclusive.

     On page 9, delete lines 1 to 14, inclusive.
    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 1123 and returns the same with the recommendation that said bill be amended as follows:

1123ta

     On page 1, line 7, of the printed bill, delete "to the extent provided in this section".

     On page 1, delete lines 8 to 14, inclusive.

    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 1155 and returns the same with the recommendation that said bill be amended as follows:

1155ja

     On page 2, line 5, of the printed bill, delete " complete " and insert " initiate ".

     On page 2, delete line 6, and insert " department receives the blood sample. ".

1155rta

     On page 1, line 2, of the printed bill, delete "completed" and insert "initiated".

    And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1027, 1030, and 1035 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 9, 2009.

Respectfully submitted,
Timothy A. Rave, Chair
      Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:33 p.m. the House adjourned.

Karen Gerdes, Chief Clerk