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

JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION




THIRTY-FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 3, 2009


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 thirtieth 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.
COMMUNICATIONS AND PETITIONS

     The House proceeded to the reconsideration of HB 1171 pursuant to the veto of the Governor and the veto message found on pages 572 and 573 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall HB 1171 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 28, Nays 41, Excused 1, Absent 0

     Yeas:
Blake; Burg; Carson; Cronin; Dennert; Elliott; Fargen; Feickert; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Novstrup (David); Olson (Betty); Russell; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde; Verchio


     Nays:
Bolin; Boomgarden; Brunner; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Feinstein; Gosch; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Wismer; Speaker Rave

     Excused:
Putnam

     So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill lost, sustaining the Governor's veto.


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 96 and 127 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 89 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 Judiciary respectfully reports that it has had under consideration SB 130 and returns the same with the recommendation that said bill be referred to the Committee on Local Government.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 79 which was deferred to the 41st Legislative Day.


Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 129 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 18 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 Transportation respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 98 which was deferred to the 41st Legislative Day.


     HCR 1013: A CONCURRENT RESOLUTION, Reasserting sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers and serving notice to the federal government to cease and desist certain mandates.

     Rep. Steele moved that HCR 1013 as found on pages 579 and 580 of the House Journal be adopted.

     The question being on Rep. Steele's motion that HCR 1013 be adopted.

     And the roll being called:

     Yeas 51, Nays 18, Excused 1, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Burg; Dennert; Elliott; Fargen; Feickert; Feinstein; Frerichs; Hunhoff (Bernie); Killer; Kirschman; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde

     Excused:
Putnam



     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

     Rep. Faehn moved that the reconsideration of SB 17 be placed to precede the reconsideration of SB 30 on today's calendar.

     Which motion prevailed.

     Yesterday, Rep. Krebs announced her intention to reconsider the vote by which SB 17 lost.

     Rep. Krebs moved that the House do now reconsider the vote by which SB 17 lost.

     The question being on Rep. Krebs' motion to reconsider the vote by which SB 17 lost.

     And the roll being called:

     Yeas 49, Nays 20, Excused 1, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Kirschman; Krebs; Lange; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Burg; Fargen; Feickert; Feinstein; Frerichs; Greenfield; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lederman; Lucas; Olson (Betty); Russell; Schrempp; Solberg; Thompson; Vanderlinde

     Excused:
Putnam

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 17 was up for reconsideration and final passage.

     SB 17: FOR AN ACT ENTITLED, An Act to revise certain driver licensing provisions.

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

     The question being "Shall SB 17 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 21, Excused 1, Absent 0



     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Kirschman; Kopp; Krebs; Lange; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Sly; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Blake; Burg; Fargen; Feickert; Feinstein; Frerichs; Greenfield; Iron Cloud III; Juhnke; Killer; Kirkeby; Lederman; Lucas; Olson (Betty); Russell; Schlekeway; Schrempp; Solberg; Thompson; Vanderlinde; Verchio

     Excused:
Putnam

     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.

     Yesterday, Rep. Bernie Hunhoff announced his intention to reconsider the vote by which SB 30 passed.

     Rep. Bernie Hunhoff moved that the House do now reconsider the vote by which SB 30 passed.

     The question being on Rep. Bernie Hunhoff's motion to reconsider the vote by which SB 30 passed.

     And the roll being called:

     Yeas 36, Nays 33, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Burg; Carson; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Fargen; Feinstein; Frerichs; Gibson; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; McLaughlin; Nygaard; Peters; Rausch; Romkema; Schlekeway; Schrempp; Solberg; Sorenson; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wismer

     Nays:
Boomgarden; Brunner; Cronin; Deadrick; Faehn; Feickert; Gosch; Greenfield; Hamiel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lucas; Lust; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Rounds; Russell; Sly; Solum; Steele; Street; Verchio; Wink; Speaker Rave

     Excused:
Putnam


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 30 was up for reconsideration and final passage.

     SB 30: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Department of Transportation file a copy of the official state trunk highway map with every county auditor.

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

     "      Section 1. That § 32-38-1 be amended to read as follows:

     32-38-1.   Except as provided in chapter 32-37 and § 32-38-3, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is a petty offense and is not a moving traffic offense under the provisions of § 32-12-49.1.

     Section 2. That § 32-38-5 be repealed.

     32-38-5.   Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.

     Section 3. That chapter 32-38 be amended by adding thereto a NEW SECTION to read as follows:



     Rep. Faehn moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Curd's motion that SB 30 be amended.

     And the roll being called:

     Yeas 34, Nays 35, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Burg; Curd; Cutler; Dennert; Elliott; Engels; Fargen; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; McLaughlin; Moser; Nygaard; Peters; Rausch; Romkema; Schlekeway; Schrempp; Solberg; Sorenson; Street; Thompson; Tidemann; Van Gerpen; Vanderlinde; Wismer; Speaker Rave

     Nays:
Boomgarden; Brunner; Carson; Cronin; Deadrick; Dreyer; Faehn; Feickert; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lucas; Lust; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Rounds; Russell; Sly; Solum; Steele; Turbiville; Vanneman; Verchio; Wink

     Excused:
Putnam

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question being "Shall SB 30 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave


     Nays:
Feickert; Feinstein; Sorenson

     Excused:
Putnam

     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.

     HCR 1014  Introduced by:  Representatives McLaughlin, Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Cronin, Curd, Cutler, Deadrick, Dennert, Dreyer, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanneman, Verchio, Wink, and Wismer and Senators Tieszen, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gray, Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Nelson, Nesselhuf, Novstrup (Al), Peterson, Rhoden, and Vehle


     The Speaker publicly read the title to

     HB 1024: FOR AN ACT ENTITLED, An Act to  authorize the Department of Transportation to regulate the operation of off-road vehicles in certain state highway ditches.

     HB 1148: FOR AN ACT ENTITLED, An Act to  clarify requirements for employment of a city engineer.

     HB 1159: FOR AN ACT ENTITLED, An Act to  provide for the adjustment of prices in certain public contracts.

     HB 1184: FOR AN ACT ENTITLED, An Act to  clarify provisions dealing with the initiative process.

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

     SB 12: FOR AN ACT ENTITLED, An Act to  limit the amount of tax refunds for construction projects that are located in areas that are included in a tax collection agreement between the state and an Indian tribe.

     SB 13: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the title to real property obtained by a tax deed.

     SB 14: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding references to the Internal Revenue Code and to repeal an obsolete reference to the Internal Revenue Code.

     SB 15: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the confidentiality and release of certain child abuse or neglect information.

     SB 16: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the taxation of biodiesel and biodiesel blends.


     SB 19: FOR AN ACT ENTITLED, An Act to  revise the grounds for which continuation or conversion is not required for certain group health policies.

     SB 23: FOR AN ACT ENTITLED, An Act to  revise the state trunk highway system.

     SB 35: FOR AN ACT ENTITLED, An Act to  revise the definition of an assisted living center.

     SB 40: FOR AN ACT ENTITLED, An Act to  revise the financial assurance requirements for responding to accidental releases of chemical or biological ore leaching agents from certain permitted mines.

     SB 45: FOR AN ACT ENTITLED, An Act to  provide an exception to the practice of seclusion as it pertains to the treatment of a person with a developmental disability.

     SB 46: FOR AN ACT ENTITLED, An Act to  change the name of adjustment training center to community support provider.

     SB 51: FOR AN ACT ENTITLED, An Act to  provide for a drug screening program for certain applicants and employees of the Wildland Fire Suppression Division.

     SB 69: FOR AN ACT ENTITLED, An Act to  revise the requirement for a fire equipment shop.

     SB 73: FOR AN ACT ENTITLED, An Act to  permit persons sixteen years of age to donate blood under certain circumstances.

     SB 76: FOR AN ACT ENTITLED, An Act to  require background investigations for certain optometrist licensees and applicants.

     SB 109: FOR AN ACT ENTITLED, An Act to  revise the provisions for the risk pool to allow uninsurable children to enroll and to provide for additional funding.

     SB 119: FOR AN ACT ENTITLED, An Act to  revise the authority of the state, counties, and townships to transfer highway right-of-ways under certain conditions.

     SB 121: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to municipal election procedures.

     SB 122: FOR AN ACT ENTITLED, An Act to  clarify the status of property contiguous to a municipality that is crossed by railroad property.

     And signed the same in the presence of the House.


     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:34 p.m. the House adjourned.

Karen Gerdes, Chief Clerk