2009 Session - House of Representatives Journals

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-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

REPORTS OF STANDING COMMITTEES

The Committee on State Affairs respectfully reports that it has had under consideration HB 1234 and returns the same with the recommendation that said bill do pass.

The Committee on State Affairs respectfully reports that it has had under consideration HB 1191, 1209, 1258, and 1261 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 1241 and returns the same with the recommendation that said bill be amended as follows:

1241ca

On page 2 of the printed bill, delete lines 7 to 16, inclusive.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1242 which was deferred to the 41^st Legislative Day.

The Committee on Appropriations respectfully reports that it has had under consideration HB 1025, 1031, 1200, and 1201 and returns the same with the recommendation that said bills do pass.

On page 1, line 8, of the printed bill, delete "approximately a" and insert "an addition not to exceed".

The Committee on Appropriations respectfully reports that it has had under consideration HB 1033 and returns the same with the recommendation that said bill be amended as follows:

1033ba

On page 1, line 8, delete "four thousand square foot addition" and insert "four thousand gross square feet".

On page 1 of the printed bill, delete lines 12 to 15, inclusive.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1048 and returns the same with the recommendation that said bill be amended as follows:

1048mb

On page 2, delete lines 1 to 4, inclusive.

On page 2, line 6, delete " Twenty " and insert " Twenty-five ".

On page 2, line 10, delete " eighty " and insert " seventy-five ".

1048ma

On page 6 of the printed bill, delete lines 20 and 21, and insert "work is being conducted. The fee for the license is ~~fifty~~ two hundred dollars for a resident, and ~~fifty~~ three hundred dollars for a nonresident. The same amounts shall be paid each calendar year for renewal of the license. A resident is any person whose primary residence is located in South Dakota and has not claimed residency in any other state within ninety days of filing an application to become licensed. The fee shall be paid".

On page 7, delete lines 7 and 8, and insert " two hundred dollars for a resident , and ~~fifty~~ three hundred dollars for a nonresident. The same amounts shall be paid each calendar year for renewal of the license. A resident is any person whose primary residence is located in South Dakota and has not claimed residency in any other state within ninety days of filing an application to become licensed. The fee shall be paid to the Department of Environment and Natural Resources".

1048uta

On page 1, line 2, of the printed bill, after "fund," insert "and increase".

On page 2, line 1, of the House Transportation Committee engrossed bill, delete "Napa Railroad Line" and insert "rail line from Napa Junction to Ravinia".

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1140 and returns the same with the recommendation that said bill be amended as follows:

1140ob

On page 1, line 3, of the printed bill, delete "fifty thousand" and insert "twenty-five thousand dollars ($ 25,000 )".

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill be amended as follows:

1173oa

On page 1, line 4, delete everything before ", or" .

On page 1 of the printed bill, delete lines 4 to 6, inclusive, and insert:

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1270 and returns the same with the recommendation that said bill be amended as follows:

1270ba

"
Section 1. That § 33-17-3 be amended to read as follows:

33-17-3. There is hereby ~~continued~~ established in the state treasury a "veterans affairs division special revenue fund." Said fund shall be used for the ~~purposes set forth in §§ 33-17-7 and 33-17-9~~ benefit of South Dakota veterans . ".

On page 2, delete lines 1 to 4, inclusive.

On page 3, delete lines 21 and 22.

1270bta

On page 1, line 1, of the printed bill, delete "redirect moneys in" and insert "change the purpose of".

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1185 and 1248 which were tabled.

The Committee on Commerce respectfully reports that it has had under consideration HB 1265 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 1260 and returns the same with the recommendation that said bill be amended as follows:

1260rb

On page 2, line 3, of the printed bill, delete "ten " and insert "twenty-five".

On page 2, line 4, delete everything after "." and insert "The agency shall publish any request for proposals issued pursuant to this section on the electronic procurement system maintained by the Bureau of Administration. The request for proposals shall include the procedures for the solicitation and award of the contract.".

On page 2, delete lines 5 and 6.

On page 2, delete line 9, and insert "The request for proposals shall state the relative importance of evaluation criteria to be used in the ranking of prospective contractors. The agency shall include the following evaluation criteria in any request for proposals:".

On page 3, line 9, delete "professional service contracts" and insert "proposals".

On page 3, line 10, after "a" insert "request for proposals for a".

On page 1, line 8, of the printed bill, overstrike "three".

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1268 and returns the same with the recommendation that said bill be amended as follows:

1268oa

On page 1, line 9, delete " in any first class municipality ".

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 19 and 20 and returns the same with the recommendation that said bills be referred to the Committee on Health and Human Services.

The Committee on Judiciary respectfully reports that it has had under consideration HB 1101 and returns the same with the recommendation that said bill do pass.

The Committee on Judiciary respectfully reports that it has had under consideration HB 1246 and returns the same with the recommendation that said bill be amended as follows:

1246ra

On page 2, line 1, of the printed bill, after "." insert " The garnishee may proceed by complying with either § 21-18-32 or § 21-18-33 and, by such compliance, is exonerated from any further liability to any party to the garnishment. ".

On page 2, after line 1, insert:

"
Section 2. That § 21-18-10 be amended to read as follows:

21-18-10. The garnishee summons and affidavit shall also be served on the defendant to the action, either before or within thirty days after service on a garnishee, ~~except when~~ unless service of the summons in the action is made without the state or by publication. If the defendant appears in the action by attorney, such service may be made upon such attorney or upon the defendant. Unless the garnishee summons is served on the defendant or the defendant's attorney in accordance with the provisions of this section, the service on the garnishee is void and of no effect from the beginning. ".

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1220 and 1245 which were deferred to the 41^st Legislative Day.

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1011, 1041, 1042, 1084, and 1092 which have passed the Senate without change.

I have the honor to return herewith HB 1004 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

I have the honor to transmit herewith SB 47, 48, 52, 91, 110, 174, and 185 which have passed the Senate and your favorable consideration is respectfully requested.

I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

SCR 3: A CONCURRENT RESOLUTION, Supporting a study of the potential creation of a Department of Veterans Affairs as a cabinet-level department.

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

Rep. Peters moved that HB 1166 be referred to the Committee on Appropriations.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1224 as found on pages 356 and 357 of the House Journal ; also

Taxation on HB 1255 as found on page 357 of the House Journal ; also

Transportation on HB 1281 as found on pages 358 and 359 of the House Journal be adopted.

Rep. Hunt moved that the consideration of the report of the committee on HB 1179 be deferred to Tuesday, February 17^th, the 23^rd legislative day.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 47: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

SB 48: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

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

SB 52: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

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

SB 91: FOR AN ACT ENTITLED, An Act to allow any school district, for a period of five years, to expend capital outlay funds for certain transportation costs, for the purchase of property and casualty insurance, and for energy costs, and the cost of utilities.

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

SB 110: FOR AN ACT ENTITLED, An Act to repeal the limited campaign finance disclosure statement which could be used by certain candidates or candidate campaign committees for legislative office.

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

SB 174: FOR AN ACT ENTITLED, An Act to require a school district to which a former contracting school district is annexed to assign certain resident students to a school district in a bordering state, and to temporarily exempt certain school districts from the requirement to reorganize due to low enrollment.

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

SB 185: FOR AN ACT ENTITLED, An Act to revise the graduation requirements for students entering ninth grade in 2010 and thereafter by eliminating the option of the basic high school program.

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

Rep. Faehn moved that the balance of the calendar including HB 1212, 1243, 1207, 1181, 1163, 1219, 1202, 1167, and 1278 and SB 1 and 51 be deferred to Tuesday, February 17^th, the 23^rd legislative day.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that HB 1023, 1034, 1047, and 1088 were delivered to his Excellency, the Governor, for his approval at 9:37 a.m., February 13, 2009.