JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



NINETEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 10, 2009

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Eric Brunner.

     Roll Call: All members present except Reps. Gibson and Killer 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 eighteenth 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 1104 and SB 1 and 51 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1093 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 1129 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HCR 1006 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1179 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1231 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 Taxation respectfully reports that it has had under consideration HB  1039 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1214 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 Transportation respectfully reports that it has had under consideration HB 1222 and 1272 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1188 and returns the same with the recommendation that said bill be amended as follows:

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     On page 1, line 6, of the printed bill, delete " in each of at least thirty-three ".

     On page 1, line 7, delete " counties ".

     On page 1, line 7, after "." insert " However, not less than five percent of the qualified electors in each of at least thirty-three counties must be represented in the total. ".

     On page 1, line 13, before " in " insert " of the state and by not less than five percent of the qualified electors ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1164, 1169, and 1232 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 1051, 1054, and 1056 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 22, 84, 89, 96, 105, 119, 122, 127, 129, 130, 131, 136, 158, 161, 164, and 165 and SJR 3 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Rounds moved that the House do concur in Senate amendments to HB 1047.

     The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1047.

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; 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); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave


     Nays:
Engels; Vanderlinde

     Excused:
Gibson; Killer

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

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

     Rep. Tidemann moved that SCR 1 as found on pages 220 and 221 of the Senate Journal be concurred in.

     The question being on Rep. Tidemann's motion that SCR 1 be concurred in.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); 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:
Gibson; Killer

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Transportation on HB 1140 as found on page 308 of the House Journal ; also

     State Affairs on HB 1239 as found on page 309 of the House Journal ; also

     Judiciary on HB 1080 as found on pages 318 and 319 of the House Journal ; also


     Judiciary on HB 1123 as found on page 319 of the House Journal ; also

     Judiciary on HB 1155 as found on page 319 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 22: FOR AN ACT ENTITLED, An Act to authorize counties to borrow funds for the construction and operation of solid waste management facilities through the issuance of revenue bonds and to set rates in an amount sufficient to retire the bonds.

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

     SB 84: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to collateral real estate mortgages.

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

     SB 89: FOR AN ACT ENTITLED, An Act to adopt the revised uniform commercial code, Article 7-Documents of Title.

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

     SB 96: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the indemnification of employees, officers, and agents of rural electric cooperatives.

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

     SB 105: FOR AN ACT ENTITLED, An Act to require the State Brand Board to provide certain reports and information and to provide for Senate confirmation for Brand Board members.

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

     SB 119: FOR AN ACT ENTITLED, An Act to revise the authority of the state, counties, and townships to transfer highway right-of-ways under certain conditions.

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


      SB 122: FOR AN ACT ENTITLED, An Act to clarify the status of property contiguous to a municipality that is crossed by railroad property.

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

     SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to trust administration.

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

     SB 129: FOR AN ACT ENTITLED, An Act to revise certain conditions that must be met before an extension of State Highway 53 in Tripp County is added to the state trunk highway system.

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

     SB 130: FOR AN ACT ENTITLED, An Act to require written consent for the issuance of certain disinterment permits.

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

     SB 131: FOR AN ACT ENTITLED, An Act to authorize sheriffs to order autopsies.

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

     SB 136: FOR AN ACT ENTITLED, An Act to repeal the provision that requires cooperatives to set aside a portion of the net proceeds as an education fund.

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

     SB 158: FOR AN ACT ENTITLED, An Act to provide for the recall of certain officials in third class municipalities.

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

     SB 161: FOR AN ACT ENTITLED, An Act to prohibit the use of federal income tax credits when assessing property.

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

     SB 164: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009 to fund the South Dakota Opportunity Scholarship.

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

     SB 165: FOR AN ACT ENTITLED, An Act to provide for the authorization of certain private, nonprofit benevolent organizations to assist in funding certain school curricula, activities, and programs.

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

     SJR 3: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year senatorial terms and term limits.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1152: FOR AN ACT ENTITLED, An Act to establish certain requirements relating to appraisals of real property by the Department of Game, Fish and Parks.

     Was read the second time.

     The question being "Shall HB 1152 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, 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; Jensen; Juhnke; 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

     Nays:
Iron Cloud III

     Excused:
Gibson; Killer


     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 1184: FOR AN ACT ENTITLED, An Act to clarify provisions dealing with the initiative process.

     Was read the second time.

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     Rep. Lust moved that HB 1184 be amended as follows:

     On page 4, line 3, of the House State Affairs Committee engrossed bill, after " submitted " delete " , " and insert " . The petition shall be ".

     On page 4, line 3, after " sponsors " delete " , " and insert " and ".

     Which motion prevailed.

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     Rep. Bernie Hunhoff moved that HB 1184 be further amended as follows:

     On page 5 of the House State Affairs Committee engrossed bill, delete lines 2 to 5, inclusive.

     A roll call vote was requested and supported.

     The question being on Rep. Bernie Hunhoff's motion that HB 1184 be further amended.

     And the roll being called:

     Yeas 21, Nays 47, Excused 2, Absent 0

     Yeas:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Hunhoff (Bernie); Iron Cloud III; Kirschman; Lange; Nygaard; Olson (Ryan); Schrempp; Solberg; Sorenson; Thompson; Van Gerpen; Vanderlinde

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

     Excused:
Gibson; Killer

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     Rep. Noem moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1184 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 17, Excused 2, Absent 0

     Yeas:
Bolin; Boomgarden; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Juhnke; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Thompson; Tidemann; Turbiville; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Brunner; Burg; Deadrick; Frerichs; Hunhoff (Bernie); Iron Cloud III; Jensen; Kirschman; Nygaard; Russell; Schrempp; Solberg; Sorenson; Street; Van Gerpen; Vanderlinde

     Excused:
Gibson; Killer

     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 1186: FOR AN ACT ENTITLED, An Act to reimburse and reward public school counselors who earn the credential of National Certified School Counselor.

     Was read the second time.


     The question being "Shall HB 1186 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent 0

     Yeas:
Blake; Brunner; Burg; Dennert; Dreyer; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; McLaughlin; Novstrup (David); Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Street; Thompson; Van Gerpen; Vanderlinde; Wink

     Nays:
Bolin; Boomgarden; Carson; Cronin; Curd; Cutler; Deadrick; Faehn; Gosch; Hunt; Juhnke; Kopp; Lust; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rounds; Russell; Solum; Steele; Tidemann; Turbiville; Vanneman; Verchio; Wismer; Speaker Rave

     Excused:
Gibson; Killer

     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 1159: FOR AN ACT ENTITLED, An Act to provide for the adjustment of prices in certain public contracts.

     Was read the second time.

     The question being "Shall HB 1159 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 10, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Brunner; Burg; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wismer; Speaker Rave

     Nays:
Boomgarden; Carson; Cronin; Deadrick; Gosch; Hunt; Lust; Peters; Rausch; Wink

     Excused:
Gibson; Killer

     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 1238: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1238 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, 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; Jensen; Juhnke; 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

     Nays:
Iron Cloud III

     Excused:
Gibson; Killer

     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.

     Rep. Faehn moved that HB 1215, 1233, 1282, 1150, 1158, and 1203 be deferred to Wednesday, February 11th, the 20th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1051, 1054, and 1056 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1051: FOR AN ACT ENTITLED, An Act to  make the sale or purchase of lawfully mounted fish an exception to the prohibition against the sale or purchase of fish taken from the waters of the state.

     HB 1054: FOR AN ACT ENTITLED, An Act to  authorize certain youth licensees who possess a disabled hunting permit to hunt big game animals using a designated hunter.

     HB 1056: FOR AN ACT ENTITLED, An Act to  authorize education programs required by the State Cosmetology Commission to be taught at branch schools.

     And signed the same in the presence of the House.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:34 p.m. the House adjourned.

Karen Gerdes, Chief Clerk