House of Representatives Journal 3/4/2009 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION

THIRTY-SECOND DAY

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

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

The prayer was offered by the Chaplain, Pastor David Phillips, followed by the Pledge of Allegiance led by House page Candace Shippy.

Roll Call: All members present except Reps. Dreyer and Elliott 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 thirty-first 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.

HONORED GUESTS

Rep. Lange introduced Kelli Jo Page, the 2008 State 4-H Rodeo Ambassador.

COMMUNICATIONS AND PETITIONS

March 4, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 3, 2009, I approved House Bills 1108, 1117, and 1126, 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 SB 57, 58, 59, 60, and 62 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 State Affairs respectfully reports that it has had under consideration SB 41 which was tabled.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 140, 185, and 190 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 132 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 Education respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be amended as follows:

165ca

On page 2 of the printed bill, delete lines 2 to 5, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 77 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 SB 100 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 Commerce respectfully reports that it has had under consideration SB 90 and returns the same with the recommendation that said bill be amended as follows:

90jc

On page 1, line 14, of the Senate Commerce Committee engrossed bill, remove the overstrikes from " ~~No more than~~ ".

On page 2, delete line 2, and insert " ~~cordial~~ three varieties of malt beverages, three varieties of wines, and three varieties of distilled spirits, liqueurs, or cordials may be offered for sampling in any one day. No more than ~~one sample of malt beverage,~~ ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 159 and returns the same with the recommendation that said bill be amended as follows:

159ja

On the Senate Local Government Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 51A-3-2 be amended to read as follows:

51A-3-2. For a bank organized as a corporation, the articles of incorporation of a bank shall state, and for a bank organized as a limited liability company, the articles of organization of a bank shall state:

(1) That the corporation or limited liability company is formed for the purpose of engaging in the business of banking, or as a bank and trust company, or as a bank and trust department;

(2) The period for which such corporation or limited liability company is organized, not exceeding twenty years.

~~The name of such bank shall be different from the name of any other bank or trust company in the county of its place of business.~~ The capital stock of a bank organized as a corporation shall be divided into shares of not less than ten nor more than one hundred dollars each. The members' equity of a bank organized as a limited liability company shall be divided into units of not less than ten nor more than one hundred dollars each.

The name of a bank organized under this title shall be different from the name of any other bank or trust company in the county of its place of business. However, the name of the bank is not required to be different if the majority of the bank's outstanding stock is owned by a bank holding company that also owns a majority of the outstanding stock of another bank or trust company in the county of the bank's place of business and such other bank or trust company has given its prior written consent. "

159jta

On the Senate Local Government Committee engrossed bill, delete the previously adopted title amendment (159tta)

On page 1, line 1, delete everything after "Act to" and insert "revise certain provisions regarding bank names.".

On page 1, delete line 2.

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

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill be amended as follows:

202fb

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

" Section 1. The Bureau of Administration shall prepare and submit a report to the Legislature regarding the energy efficiency of state agencies no later than December 1, 2009. The report shall:

(1) Quantify current energy consumption levels of state agencies;

(2) Identify the energy efficiency measures that may be taken by state agencies to achieve a reduction in energy consumption by a date certain; and

(3) Estimate the costs associated with the energy efficiency measures.

Each state agency and the Board of Regents shall provide all reasonable assistance and cooperation requested by the Bureau of Administration in the implementation of this Act."

202fta

On page 1, line 1, of the Senate engrossed bill, delete everything after "require" and insert "the Bureau of Administration to prepare a report regarding the energy efficiency of state agencies.".

On page 1, delete line 2.

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

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 164 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 SB 36 and returns the same with the recommendation that said bill be amended as follows:

36ma

On page 3, line 3, of the printed bill, delete " multiple-year " and insert " biennial ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 49, 72, 181, and 203 which were tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 107 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 SB 99 and 173 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 Judiciary respectfully reports that it has had under consideration SB 37 and returns the same with the recommendation that said bill be amended as follows:

37ja

On page 1, line 13, of the Senate engrossed bill, delete "Any" and insert "Except to the extent that the volunteer is covered by a policy of insurance, any".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 78 and 178 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc1086A

MR. SPEAKER

The Conference Committee respectfully reports that it has considered HB 1086 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1086 be amended as follows:

1086ja

On page 1, line 9, of the Senate Judiciary Committee engrossed bill, delete " and daily ".

Respectfully submitted,    Respectfully submitted,
Val Rausch    Gene Abdallah
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1009, 1025, 1031, 1033, 1048, 1069, 1118, 1121, 1129, 1145, 1173, 1243, 1251, and 1270 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1112 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1012 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Rounds moved that the House do concur in Senate amendments to HB 1050.

The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1050.