JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 14, 2008

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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by House pages Bethany Hill and Dusti Michaud.

     Roll Call: All members present.

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 fourth 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,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1001 and 1055 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 HB 1030 and returns the same with the recommendation that said bill be amended as follows:

1030ra

     On page 1, line 15, of the printed bill, delete " If a notary public ".

     On page 2, delete lines 1 and 2.

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

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1034 and 1054 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1015 and 1041 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1003, 1004, 1031, and 1032 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1033 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 11, 16, 25, 27, 36, 37, and 41 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of arranging legislative days for members, officers, and employees of the House and Senate.

Respectfully,
Trudy Evenstad, Secretary

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1122  Introduced by:  Representatives Engels, Ahlers, Buckingham, Burg, Cutler, Feinstein, Gassman, Gillespie, Gilson, Lucas, Lust, Miles, Moore, Nygaard, Peters, Sigdestad, Street, Thompson, Vanneman, Vehle, and Willadsen and Senators Turbak Berry, Abdallah, Albers, Heidepriem, Knudson, Koetzle, and Schmidt (Dennis)

     FOR AN ACT ENTITLED, An Act to increase the jurisdictional amount in certain civil actions and small claims proceedings.

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

     HB 1123  Introduced by:  Representatives Dykstra, Boomgarden, Brunner, Buckingham, Burg, Carson, Cutler, Davis, Deadrick, Dennert, DeVries, Dreyer, Elliott, Faehn, Gassman, Gillespie, Gilson, Glenski, Gosch, Hackl, Halverson, Hargens, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele,

Street, Tidemann, Turbiville, Van Etten, Vanneman, Vehle, Weems, Wick, and Willadsen and Senators Knudson, Dempster, Garnos, Gray, Hanson (Gary), Heidepriem, Hunhoff, Kloucek, Lintz, McCracken, Peterson (Jim), and Sutton

     FOR AN ACT ENTITLED, An Act to establish a state renewable and recycled energy objective and to provide certain reporting requirements.

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

     HB 1124  Introduced by:  Representatives Rhoden, Brunner, Deadrick, Dykstra, Faehn, Heineman, Krebs, McLaughlin, Rave, and Turbiville

     FOR AN ACT ENTITLED, An Act to enhance education in the state and to make an appropriation therefor.

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

     HB 1125  Introduced by:  Representatives Turbiville, Boomgarden, Brunner, Faehn, Gillespie, Halverson, Hills, Krebs, Nygaard, Olson (Russell), Vanneman, and Willadsen and Senators Peterson (Jim), Albers, Bartling, Duenwald, and Hauge

     FOR AN ACT ENTITLED, An Act to permit the local board of equalization to remain in session for a sufficient period of time to consider property assessment appeals.

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

     HB 1126  Introduced by:  Representatives Turbiville, Engels, Faehn, Gilson, Halverson, Hills, Krebs, Moore, Nygaard, Olson (Russell), Pitts, Rave, Sigdestad, and Street and Senators Bartling, Lintz, McCracken, Olson (Ed), Peterson (Jim), Schmidt (Dennis), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of on-sale wine licenses and the sale of wine.

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

     HB 1127  Introduced by:  Representatives Juhnke, Brunner, Burg, Deadrick, DeVries, Hackl, Howie, Noem, Rhoden, and Vanneman and Senators Garnos, Bartling, Duenwald, Hansen (Tom), Hanson (Gary), Lintz, McNenny, and Peterson (Jim)

     FOR AN ACT ENTITLED, An Act to establish a loan repayment program for veterinarians and to make an appropriation therefor.

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



     HB 1128  Introduced by:  Representatives Van Etten, Ahlers, Boomgarden, Elliott, Jerke, Kirkeby, Lucas, Miles, Noem, Nygaard, Peters, Rave, Steele, and Wick and Senators Hoerth, Hanson (Gary), Hundstad, Jerstad, Katus, Maher, Sutton, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to provide for the regulation of tanning devices.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1129  Introduced by:  Representatives Cutler, Deadrick, Engels, Feinstein, Gillespie, Hunt, and Lust and Senators Heidepriem, Knudson, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to establish the Commission on Equal Access to Our Courts and to impose a fee to fund legal services for eligible persons.

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

     HB 1130  Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the implementation by the court of the standard visitation guidelines.

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

     HB 1131  Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act to permit the court to assess the crime victims' compensation surcharge in cases involving certain adjudicated children.

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

     HB 1132  Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the circumstances under which children may be held in temporary custody.

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

     HB 1133  Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act to revise the circumstances when a prospective juror may be challenged

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



     HB 1134  Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act to revise the compensation of the members of recount boards.

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

     HB 1135  Introduced by:  The Committee on Judiciary at the request of the Chief Justice

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to filing petitions for protection.

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

     HB 1136  Introduced by:  Representatives Lust, Boomgarden, Cutler, Dreyer, Engels, Feinstein, Haverly, Heineman, Kirkeby, McLaughlin, Olson (Betty), Peters, Rausch, Vehle, and Weems and Senators Gray, Abdallah, Albers, Knudson, Maher, McCracken, Napoli, Olson (Ed), Schmidt (Dennis), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of business names.

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

     HB 1137  Introduced by:  Representatives Lust, Boomgarden, Dreyer, Feinstein, Haverly, Kirkeby, McLaughlin, Olson (Betty), Peters, Rausch, and Vehle and Senators Knudson, Abdallah, Dempster, Heidepriem, McCracken, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to adopt the Model Registered Agents Act.

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

     HB 1138  Introduced by:  Representatives Novstrup (Al), DeVries, Elliott, Gassman, Gosch, Hills, Howie, McLaughlin, and Turbiville and Senators Gant and Turbak Berry

     FOR AN ACT ENTITLED, An Act to prohibit the use of a false academic degree or a degree that is not completed.

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


     HB 1139  Introduced by:  Representatives Feinstein, Ahlers, Cutler, Engels, Gillespie, Gosch, Hunt, Lust, and Nygaard and Senators Turbak Berry and Heidepriem

     FOR AN ACT ENTITLED, An Act to revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

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

     HJR 1001  Introduced by:  Representatives Feinstein, Ahlers, Cutler, Engels, Gillespie, Gosch, Hunt, Lust, and Nygaard and Senators Turbak Berry and Heidepriem

     A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain provisions of the State Constitution relating to corporations.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding corrosion protection for tank piping systems and aboveground tanks containing flammable or combustible liquids and used in retail motor fuel dispensing operations.

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

     SB 16: FOR AN ACT ENTITLED, An Act to require continuing education of plumbing contractors, plumbers, apprentice plumbers, restricted plumbing contractors, and restricted plumbers.

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

     SB 25: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the calculation of state aid to education.

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

     SB 27: FOR AN ACT ENTITLED, An Act to repeal the state requirement for inspection of school food service programs.

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


     SB 36: FOR AN ACT ENTITLED, An Act to revise the discount medical plan organization's renewal period requirements.

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

     SB 37: FOR AN ACT ENTITLED, An Act to establish certain suitability requirements for annuities.

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

     SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of public storage warehouses.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1002: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding labor and employment and the Department of Labor.

     Was read the second time.

     Rep. Deadrick requested that HB 1002 be removed from the Consent Calendar.

    Which request was granted.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:20 p.m. the House adjourned.

Karen Gerdes, Chief Clerk