2009 Session - House of Representatives Journals

Mr. Speaker and Members of the House of Representatives:

COMMUNICATIONS AND PETITIONS

February 10, 2009

I have the honor to inform you that on February 9, 2009, I approved House Bills 1027, 1030, and 1035, 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 HB 1274, 1280, and 1299 and returns the same with the recommendation that said bills be referred to the Committee on Commerce.

The Committee on State Affairs respectfully reports that it has had under consideration HB 1165 and HJR 1002 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

The Committee on Education respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill be amended as follows:

1181ca

On page 3, line 18, of the printed bill, delete "collected or appropriated" and insert "received".

1181ta

On page 3 of the printed bill, delete lines 22 to 24, inclusive.

On page 4, delete lines 1 to 6, inclusive.

1181tta

On page 1, line 2, of the printed bill, delete "and to make an appropriation therefor".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1250 and 1279 which were tabled.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1298 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

The Committee on Judiciary respectfully reports that it has had under consideration HB 1166 and 1207 and returns the same with the recommendation that said bills do pass.

The Committee on Judiciary respectfully reports that it has had under consideration HB 1163, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1163ja

On page 1, line 8, of the printed bill, delete everything after " older " and insert " may request to be excused from the duty to report for jury duty for a specific trial if weather conditions pose a risk to the person's welfare, or such person may request to be excused from the jury panel if the service as a juror would cause the person substantial stress. The judge shall give substantial weight to the request to be relieved from the specific call to jury duty or from the jury panel, balancing the person's request with the need to impanel a jury. ".

On page 1, line 9, delete everything before "Any" .

1163ra

On page 1, line 6, of the printed bill, after "older" overstrike "prior to January first of the year of jury service".

1163rta

On page 1, line 2, of the printed bill, after "request" insert "and to revise certain provisions relating to the minimum age for jury service".

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 1162 which was tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1221 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

The Committee on Commerce respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Commerce respectfully reports that it has had under consideration HB 1219 and returns the same with the recommendation that said bill be amended as follows:

1219ja

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

"
Section 1. That chapter 59-11 be amended by adding thereto a NEW SECTION to read as follows:

If no changes have been made in the information required on an annual report since the last annual report so that all the information set forth in its prior annual report pursuant to § § 59-11- 24 to 59-11-26, inclusive, would be identical, a short form as prescribed by the Office of the Secretary of State, executed on behalf of the filing entity or qualified foreign entity, may be filed in lieu of the annual report at or before the time the annual report is due."

1219jta

On page 1, line 1, of the printed bill, delete "corporation" and insert "filing entity or qualified foreign entity".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1212 and returns the same with the recommendation that said bill be amended as follows:

1212ra

On page 1, line 13, of the printed bill, delete " the Associated General Contractors of America " and insert " ConsensusDOCS LLC ".

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 HB 1259 which was tabled.

Respectfully submitted,
Tim Rounds, Chair

The Committee on Commerce respectfully reports that it has had under consideration HB 1161 which was deferred to the 41^st Legislative Day.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1023, 1034, and 1088 which have passed the Senate without change.

I have the honor to return herewith HB 1053, 1089, and 1097 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

I have the honor to transmit herewith SB 72, 74, 115, and 155 and SJR 1 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Hunt moved that the Committee on Health and Human Services be instructed to deliver HB 1179 to the floor of the House, pursuant to Joint Rule 7-7.

Rep. Faehn moved the previous question.

Rep. Hunt's motion was supported and the committee was so instructed.

HCR 1006: A CONCURRENT RESOLUTION, Encouraging all South Dakota schools to place a sufficient number of Automated External Defibrillators (AEDs) in their facilities, at their athletic fields, and with their athletic staff, and to adopt a medical emergency response plan that includes AED use.

Rep. Rave moved that HCR 1006 as found on page 183 of the House Journal be adopted.

The question being on Rep. Rave's motion that HCR 1006 be adopted.

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; 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; Wink; Wismer; Speaker Rave

Nays:
Greenfield; Verchio

Excused:
Deadrick; Elliott; Iron Cloud III; Killer

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

HCR 1008 Introduced by: Representatives Pitts, Blake, Boomgarden, Curd, Cutler, Deadrick, Dreyer, Faehn, Hamiel, Iron Cloud III, Lederman, Lucas, Moser, Noem, Nygaard, Olson (Betty), Rausch, Rave, Romkema, Rounds, Sly, Sorenson, Street, Thompson, and Vanderlinde and Senators Miles, Bartling, Dempster, Fryslie, Gant, Gillespie, Hansen (Tom), Hunhoff (Jean), Jerstad, Maher, Merchant, Nesselhuf, and Olson (Russell)

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.

WHEREAS, during the transition from childhood to adulthood, adolescents establish unhealthy patterns of behavior and make poor lifestyle choices that affect both their current and future health; and

WHEREAS, many adolescents may not have access to primary healthcare services. In South Dakota over five thousand children between the ages of birth and seventeen have no insurance. Of these children, 6.3 percent have not seen a physician in the last five years and 2.6 percent have never seen a physician; and

WHEREAS, adolescence is a critical time to develop positive habits and skills that can lead to healthy lifestyles and behavior over the adolescent's lifetime. The Institute of Medicine and National Research Council conducted a study which found that one important factor in designing an adolescent health service is the focus on prevention of disease. One of the study's findings concluded that "prevention, early intervention and timely treatment improve health status for adolescents, prepare them for healthy adulthood, and decrease the incidence of many chronic diseases in adulthood"; and

WHEREAS, adolescents and young adults are adversely affected by serious health and safety issues such as motor vehicle crashes, violence, and substance abuse. They also struggle to adopt behaviors that could decrease their risk of developing chronic diseases in adulthood_ behaviors such as eating nutritiously, engaging in physical activity, and choosing not to use tobacco. Environmental factors such as family, peer group, school, and community characteristics also contribute to the challenges that adolescents face; and

WHEREAS, in the past few years, immunizations have been licensed to provide protection for teens against infections and diseases such as meningicococcal, tetanus-diphtheria-acellular pertussis, influenza, and cervical cancer; and

WHEREAS, the Advisory Committee on Immunization Practices (ACIP), American Academy of Pediatrics (AAP), American Academy of Family Physicians (AAFP), and the American Medical Association (AMA) recommend a routine healthcare visit for adolescents who are eleven or twelve years of age to receive recommended immunizations and other evidence-based preventive healthcare services; and

WHEREAS, the United States Department of Health and Human Services' Health Resources and Services Administration (HRSA) has developed, in conjunction with AAP, the Bright Futures Initiative, which provides a set of guidelines including recommendations on immunizations and routine health screenings for adolescents; and

WHEREAS, ACIP recommends the use of FDA-approved vaccines for tetanus-diphtheria-acellular pertussis, meningitis, influenza, and cervical cancer in adolescents; and the CDC has launched a national campaign to raise awareness about adolescent health and immunizations; and

WHEREAS, the Society for Adolescent Medicine has found that adolescent well visits are one of the best tools of preventive care to ensure continued health from childhood to adulthood and that children and adolescents who regularly visit a primary care physician are less likely to have emergency room visits and preventable hospitalizations; and

WHEREAS, because adolescents remain under the guardianship of their parents, parental awareness of the need for an adolescent well visit plays an enormous role in the incidence of adolescent well visits:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature hereby expresses 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; and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the South Dakota Secretary of Health and the South Dakota Secretary of Human Services to disseminate to state and federal agencies and stakeholder organizations who can assist with the promotion of adolescent well-health in South Dakota.

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

Local Government on HB 1188 as found on page 323 of the House Journal be adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 72: FOR AN ACT ENTITLED, An Act to make an appropriation to initiate a master of social work degree program in higher education.

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

SB 74: FOR AN ACT ENTITLED, An Act to direct the Office of the Attorney General to study the creation of a state medical examiner system and to declare an emergency.

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

SB 115: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the initiation of modifications to county comprehensive plans.

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

SB 155: FOR AN ACT ENTITLED, An Act to provide for the revision of certain offensive geographic place names.

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

SJR 1: A JOINT RESOLUTION, To propose a constitutional amendment to authorize the Legislature on the advice of the Governor, to forestall certain threats from interstate gaming.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1155: FOR AN ACT ENTITLED, An Act to require that the testing of blood samples of suspects of sexual assault be initiated within a specified time.

The question being "Shall HB 1155 pass as amended?"

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; 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

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 1093: FOR AN ACT ENTITLED, An Act to revise the boundaries of the James River Water Development District.

The question being "Shall HB 1093 pass?"

HB 1231: FOR AN ACT ENTITLED, An Act to increase the exemption on the proceeds of the sale of certain homesteads.

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Deadrick; Elliott; Iron Cloud III; 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.

The question being "Shall HB 1231 pass?"

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 1214: FOR AN ACT ENTITLED, An Act to remove certain speed restrictions for certain vehicles hauling agricultural products or livestock.

Was read the second time.

The question being "Shall HB 1214 pass?"

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.

Speaker Rave now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1215: FOR AN ACT ENTITLED, An Act to transfer funds from the tax relief fund to the general fund.

Rep. Krebs moved that HB 1215 be amended as follows:

1215ma

On page 1, after line 7 of the House Taxation Committee engrossed bill, insert:

"
Section 2. That § 10-45C-16 be amended to read as follows:

10-45C-16. When the ~~balance in the tax relief fund~~ cumulative total of the net revenue received pursuant to § 10-45C-15 exceeds ten million dollars, a collection allowance established pursuant to § 10-45-27.2 shall become effective the following July first. ".

Rep. Dennert moved that HB 1215 be further amended as follows:

1215mb

On page 1 of the House Taxation Committee engrossed bill, delete lines 4 to 7, inclusive.

Which motion lost.

The question being "Shall HB 1215 pass as amended?"

Yeas 65, Nays 1, Excused 4, Absent 0

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

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.

1215mta

Rep. Greenfield moved that the title to HB 1215 be amended as follows:

On page 1, line 2, of the House Taxation Committee engrossed bill, after "fund" insert "and to revise certain provisions concerning the effective date of the collection allowance".

Which motion prevailed and the title was so amended.

HB 1233: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the campaign finance reporting of the expenditures of certain organizations.

The question being "Shall HB 1233 pass?"

Yeas 64, Nays 2, Excused 4, Absent 0

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

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 1282: FOR AN ACT ENTITLED, An Act to allow counties to assign the responsibility for the redemption of bonded indebtedness of a former school district to a new school district after a reorganization.

The question being "Shall HB 1282 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Deadrick; Elliott; Iron Cloud III; 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 1150: FOR AN ACT ENTITLED, An Act to revise certain requirements for any person to sell motorcycles at an event and to provide a penalty for violation thereof.

The question being "Shall HB 1150 pass?"

Yeas 63, Nays 3, Excused 4, Absent 0

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

Nays:
Feinstein; Kopp; Verchio

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.

HB 1158: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to private placement policies.

The question being "Shall HB 1158 pass?"

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

Rep. Faehn moved that HB 1203 be deferred to Thursday, February 12^th, the 21^st legislative day.

HB 1239: FOR AN ACT ENTITLED, An Act to create the South Dakota Boxing Commission and to provide for the supervision of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions in the state.

Was read the second time.

Rep. Bernie Hunhoff moved that HB 1239 be deferred to Tuesday, February 17^th, the 23^rd legislative day.

HB 1080: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to internet and mail order sales of cigarettes and tobacco products.

The question being "Shall HB 1080 pass as amended?"

Yeas 64, Nays 1, Excused 5, Absent 0

Yeas:
Blake; Bolin; Brunner; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; 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; Wink; Wismer; Speaker Rave

Nays:
Verchio

Excused:
Boomgarden; Deadrick; Elliott; Iron Cloud III; 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 1123: FOR AN ACT ENTITLED, An Act to remove certain sanctions related to public assistance for certain felony drug offenders.

The question being "Shall HB 1123 pass as amended?"

And the roll being called:

Yeas 58, Nays 7, Excused 5, Absent 0

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

Nays:
Carson; Cronin; Dreyer; Greenfield; Olson (Betty); Russell; Verchio

Excused:
Boomgarden; Deadrick; Elliott; Iron Cloud III; 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.

Rep. Faehn moved that the balance of the calendar including HB 1104 and SB 1 and 51 be deferred to Thursday, February 12^th, the 21^st legislative day.