JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 12, 2009

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

     The prayer was offered by the Chaplain, Pastor Keith Nash, followed by the Pledge of Allegiance led by House pages Tracy Gebhart and Angela Weeldreyer.

     Roll Call: All members present except Reps. Dennert, Iron Cloud III, Killer, and Krebs 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 twentieth 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 Health and Human Services respectfully reports that it has had under consideration HB 1179 and returns the same with the recommendation that said bill do NOT pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1202 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1204 which was tabled.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1167 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1224 and returns the same with the recommendation that said bill be amended as follows:

1224ta

     On page 1, line 6, of the printed bill, after "with" delete "the".

     On page 1, delete line 7.

     On page 1, line 10, delete "program or the".

     On page 1, line 12, delete "program or the".
     On page 2, line 1, delete "the program or".

     On page 2, line 4, delete "program or the".

    And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill be amended as follows:

1255fa

     On page 1, line 4, of the printed bill, remove the overstrikes from " cooperatives, ".

     On page 1, line 6, overstrike "fifty" and insert " seventy-five ".

     On page 1, line 7, delete everything after "." .

     On page 1, delete lines 8 to 10, inclusive.

1255fta

     On page 1, line 1, of the printed bill, after "revise" insert "certain provisions concerning".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HJR  1001 which was tabled.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1273 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

 Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1278 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1243 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Val Rausch, Vice Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1281 and returns the same with the recommendation that said bill be amended as follows:

1281fc

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

     "      Section 1. That § 31-29-71.1 be amended to read as follows:

     31-29-71.1.   Any application for the permit required by § 31-29-71 shall be accompanied by the fee specified by the following schedule:

             (1)      If the advertising area does not exceed fifty square feet, the fee is eight ten dollars;

             (2)      If the area exceeds fifty square feet but does not exceed three hundred square feet, the fee is twelve fifteen dollars;

             (3)      If the area exceeds three hundred square feet but does not exceed five hundred square feet, the fee is sixteen twenty dollars;

             (4)      If the area exceeds five hundred square feet but does not exceed six hundred square feet, the fee is twenty two hundred dollars;

             (5)      If the area exceeds six hundred square feet, the fee is thirty-two three hundred dollars.

     A sign less than sixty-five square feet owned and maintained by a church is exempt from the fees under this section. ".

1281ob

     On the previously adopted amendment (1281fc), in subdivision (4), delete " two hundred " and insert " twenty-five " and in subdivision (5) delete " three hundred " and insert " forty ".

1281fta

     On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "enhance funding for state highways by increasing fees on certain signs, displays, or devices.".

     On page 1, delete line 2.

    And that as so amended said bill do pass.

Respectfully submitted,
Kent Juhnke, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1001, 1066, 1114, 1115, 1116, and 1133 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 36, 128, 173, 180, 183, and 202 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1008: A CONCURRENT RESOLUTION, Expressing support for improved adolescent health and wellness by recognizing the importance of an adolescent well physical to prevent chronic diseases, help better identify and treat chronic diseases, and update immunizations.

     Rep. Pitts moved that HCR 1008 as found on pages 341 to 343 of the House Journal be adopted.

     The question being on Rep. Pitts' motion that HCR 1008 be adopted.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; 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:
Dennert; Elliott; Iron Cloud III; Killer; Krebs

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was adopted.

     Rep. Brunner moved that the House do concur in Senate amendments to HB 1053.

     The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1053.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; 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:
Dennert; Elliott; Iron Cloud III; Killer; Krebs

     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.

     Rep. Cutler moved that the House do concur in Senate amendments to HB 1089.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1089.

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent 0

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

     Excused:
Dennert; Elliott; Iron Cloud III; Killer; Krebs

     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.

     Rep. Cutler moved that the House do concur in Senate amendments to HB 1097.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1097.

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Fargen; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; 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:
Feickert


     Excused:
Dennert; Elliott; Iron Cloud III; Killer; Krebs

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

     Rep. Faehn moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, February 13th, the 22nd legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on HB 1181 as found on pages 336 and 337 of the House Journal ; also

     Judiciary on HB 1163 as found on pages 337 and 338 of the House Journal ; also

     Commerce on HB 1219 as found on pages 338 and 339 of the House Journal ; also

     Commerce on HB 1212 as found on page 339 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 36: FOR AN ACT ENTITLED, An Act to revise certain drug registration fees and license fees related to health care facilities.

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

     SB 128: FOR AN ACT ENTITLED, An Act to create a limited electrician license.

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

     SB 173: FOR AN ACT ENTITLED, An Act to revise the elements of the crimes of vehicular homicide and vehicular battery.

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


      SB 180: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning statements submitted by organizations making contributions to ballot questions committees.

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

     SB 183: FOR AN ACT ENTITLED, An Act to establish certain requirements concerning the publication of county notices.

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

     SB 202: FOR AN ACT ENTITLED, An Act to require implementation of certain energy- saving measures in facilities and equipment maintained by the state.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1213: FOR AN ACT ENTITLED, An Act to allow school districts to enter into group health insurance contracts that include dental and vision insurance, and to allow school districts to offer group life and group health insurance benefits to retired employees.

     Was read the second time.

     The question being "Shall HB 1213 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Lange; Lederman; 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; Wink; Wismer; Speaker Rave

     Nays:
Verchio

     Excused:
Dennert; Elliott; Iron Cloud III; Killer; Krebs; Lucas

     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 1203: FOR AN ACT ENTITLED, An Act to limit asbestos-related liabilities for certain successor corporations.

     Having had its second reading was up for consideration and final passage.

1203ja

     Rep. Hunt moved that HB 1203 be amended as follows:

     On page 1, line 12, of the printed bill, after "corporation" insert ", and that after a merger or consolidation did not continue in the business of mining asbestos, in the business of selling or distributing asbestos fibers, or in the business of manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor".

     On page 5, delete lines 18 to 23, inclusive, and insert "The provisions of this Act apply to all asbestos claims filed against an innocent successor after June 30, 2009.".

     Which motion prevailed.

     The question being "Shall HB 1203 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 23, Excused 5, Absent 0

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

     Nays:
Blake; Burg; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Kirschman; Lange; Lucas; Nygaard; Pitts; Schrempp; Sly; Solberg; Sorenson; Street; Thompson; Turbiville; Vanderlinde; Wismer

     Excused:
Dennert; Elliott; Iron Cloud III; Killer; Krebs

     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 1104: FOR AN ACT ENTITLED, An Act to authorize a sentencing court to impose consecutive revocations of hunting, fishing, or trapping privileges under certain conditions.

     Was read the second time.

     The question being "Shall HB 1104 pass?"

     And the roll being called:

     Yeas 57, Nays 7, Excused 6, Absent 0

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

     Nays:
Blake; Burg; Deadrick; Frerichs; Nygaard; Russell; Street

     Excused:
Dennert; Elliott; Iron Cloud III; Killer; Krebs; Schrempp

     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 1188: FOR AN ACT ENTITLED, An Act to require that five percent of the qualified electors in one-half of the counties sign initiative and referendum petitions.

     Was read the second time.

     Rep. Noem moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1188 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 27, Excused 4, Absent 0

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

     Nays:
Blake; Burg; Curd; Cutler; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Kirschman; Lange; Lucas; Nygaard; Putnam; Rounds; Russell; Schrempp; Solberg; Sorenson; Street; Thompson; Tidemann; Vanderlinde; Wismer

     Excused:
Dennert; Iron Cloud III; Killer; Krebs

     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 the balance of the calendar including HB 1166 and 1207 and SB 1 and 51 be deferred to Friday, February 13th, the 22nd legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1051, 1054, and 1056 were delivered to his Excellency, the Governor, for his approval at 10:05 a.m., February 12, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001, 1066, 1114, 1115, 1116, and 1133 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1001: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to free access to state parks and recreation areas to include certain persons with disabilities.

     HB 1066: FOR AN ACT ENTITLED, An Act to  revise certain responsibilities of the Supreme Court regarding the Commission on Judicial Qualifications.

     HB 1114: FOR AN ACT ENTITLED, An Act to  allow a broker to form certain business entities under certain conditions.

     HB 1115: FOR AN ACT ENTITLED, An Act to  increase the education requirement for broker associate license.

     HB 1116: FOR AN ACT ENTITLED, An Act to  require post-licensing education for broker associates.

     HB 1133: FOR AN ACT ENTITLED, An Act to  authorize certain specialty license plates to be placed on motorcycles.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1008  Introduced by:  Representatives Sorenson and Rave and Senator Ahlers

         A LEGISLATIVE COMMEMORATION,  Commending the 2008 Dell Rapids Quarriers High School Football Team for winning the State 11A Championship.

     WHEREAS,  the Dell Rapids Quarriers were led to victory under the leadership of head coach Steve Hansen and assistant coaches Craig Jorgensen, Jim Schroeder, Doug Fielder, and Dane Stone; and
     WHEREAS,  the Dell Rapids Football Team was exemplary in its unity and the accord of all its players: Kyle Gillogly, Kyle Tibke, Taylor Huska, Michael Mailey, Preston Davis, Tate Bunkers, Zach Leighton, Kevin Berg, Chris Curry, Tony Schwebach, Zach Gunn, John Dorale, Ted Elverson, Dustin Welbig, Brandon Koch, Ben Mitchell, Steven Westhoff, Jarred Huggett, Jordan Youngberg, Taylor Shellum, Josh Fielder, Travis Delker, Caleb Buysse, Cade Buysse, Sebastian Holmes, Landon Lueders, Pat Curry, Jordan Munk, Tyler Morris, Michael Carpenter, Kenny Grovenburg, Austin Alberts, Aaron Crisp, Grant Siemonsma, Matt Dunbar, Dylan Ljuggren, Tom Geraets, Devlin Dillon, Kelly McKay, John Elverson, Nick Siemonsma, Trevor Conklin, Austin Gee, Garrett Hoff, Cody Walters, Casey Boever, Gus Haskell, Greg Schwebach, Channing Barber, Nic Kahler, Ben Dipple, Riley Rinehart, Hunter White, Weston Hansen, Zachery Barber, Tanner Munk, Philip Martinson, Tye Dybedahl, Chad Munk, Pat Bent, Andrew St Clair, Dylan Dybedahl, Justin Lindholm, Diamond Wartenbee, Jordan Lindberg, and Brandon Carpenter; and

     WHEREAS,  the players and coaches showed outstanding character when they dedicated this season unselfishly to teammates who suffered severe season ending injuries and the team had to overcome overwhelming odds by winning every single playoff game on the road; and

     WHEREAS,  the cheerleaders, students, faculty, fans, and community of the Dell Rapids Quarriers showed great spirit and sportsmanship to help lead their team to their goal of winning a state championship while supporting the players, coaches, and staff in their quest:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Dell Rapids High School Football Team and its coaching staff be congratulated and commended for their excellent performances in the 2008 season.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:08 p.m. the House adjourned.

Karen Gerdes, Chief Clerk