2011 Session - House of Representatives Journals

Prior to the convening of the House of Representatives, the House and Senate met in Joint Session to hear the budget message from Governor Dennis Daugaard.

JOINT SESSION

Pursuant to the report of the Joint-Select Committee, as found on page 95 of the House Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a budget message from the Governor, Dennis Daugaard. The President of the Senate, Matt Michels, presided.

The following prayer was delivered by Pastor Roger Easland, Pierre/Ft. Pierre Ministerial Association, Pierre, South Dakota:

    All powerful and all loving God, we pray that the light of Your wisdom will penetrate this challenging 2011 session. We know that Your presence is everywhere to be found. Be with us in our most heated debates. Give us rest and peace of mind in the midst of our struggles. Be with Governor Daugaard as he leads our state into a celebration of discipline, applying the principles of good stewardship to all facets of government. Be with all South Dakotans, bless us with justice alongside prosperity. We pray for peace where ever America is at war. I must pray in Jesus name. Amen.

    The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the following members were present:

Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen, Tom; Haverly; Heineman; Holien; Hundstad; Hunhoff, Jean; Johnston; Kraus; Krebs; Lederman; Maher; Nelson, Tom; Novstrup, Al; Nygaard; Olson, Russell; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle.

The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar, Hansen, Jon; Hawley; Hickey; Hoffman; Hubbel; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson, Stace; Novstrup, David; Olson, Betty; Perry, Romkema; Rozum; Russell; Schaefer; Schrempp, Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch.

Sen. Russell Olson moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.

Which motion prevailed and the President appointed as such committee Sens. Russell Olson, Brown, and Frerichs on the part of the Senate and Reps. Lust, Cronin, Bernie Hunhoff, and Fargen on the part of the House.

The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.

The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the budget message.

Sen. Russell Olson moved that the Joint Session do now dissolve.

Which motion prevailed.

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

The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House pages Bailey Fish and Emily Semmler.

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 fifth 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,

Val Rausch, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1026 and 1027 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1014 and 1017 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
David Lust, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the report of the Standing Committee on

Judiciary on HB 1021 as found on pages 90 and 91 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1044 Introduced by: Representatives Jones, Blake, Bolin, Boomgarden, Gibson, and Nelson (Stace) and Senators Hundstad and Frerichs

FOR AN ACT ENTITLED, An Act to revise certain water project district voter eligibility provisions.

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

HB 1045 Introduced by: Representatives Haggar, Blake, Boomgarden, Gibson, Hickey, Jensen, Lucas, Magstadt, Munsterman, Romkema, and Stricherz and Senators Hunhoff (Jean), Bradford, Gray, Heineman, Holien, Kraus, Krebs, and Schlekeway

FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide preventive and therapeutic services to more persons under certain circumstances.

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

HB 1046 Introduced by: Representatives Olson (Betty), Brunner, Hoffman, Kirkeby, Nelson (Stace), Russell, Schrempp, and Steele and Senators Maher, Bradford, Lederman, and Sutton

FOR AN ACT ENTITLED, An Act to revise the composition of the State Brand Board and to provide for its election by district.

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

HB 1047 Introduced by: Representatives Olson (Betty), Brunner, Greenfield, Hoffman, Jensen, Kirkeby, Magstadt, Nelson (Stace), Russell, Schrempp, Steele, and Verchio and Senators Maher, Bradford, Lederman, Rhoden, and Sutton

FOR AN ACT ENTITLED, An Act to revise certain prairie dog shooting season provisions.

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

HB 1048 Introduced by: Representatives Olson (Betty), Brunner, Greenfield, Jensen, Kirkeby, Nelson (Stace), Russell, Schrempp, Steele, and Verchio and Senators Maher, Bradford, Lederman, Rhoden, and Sutton

FOR AN ACT ENTITLED, An Act to provide for the distribution of the proceeds of certain civil fines and civil penalties.

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

HB 1049 Introduced by: Representatives Olson (Betty), Brunner, Kirkeby, Nelson (Stace), Russell, Schrempp, Steele, and Verchio and Senators Maher, Bradford, Lederman, Rhoden, and Sutton

FOR AN ACT ENTITLED, An Act to require that funds from the sale of certain estrays and livestock on "hold" status be deposited in the permanent school fund.

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

HB 1050 Introduced by: Representatives Kirkeby, Feickert, and Tulson and Senators Frerichs, Maher, and Tieszen

FOR AN ACT ENTITLED, An Act to revise the voting requirements for the county board of adjustment.

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

HB 1051 Introduced by: Representatives Elliott, Blake, Bolin, Dennert, Feickert, Jones, Kirschman, Schaefer, Sigdestad, and Street and Senators Krebs, Hundstad, and Maher

FOR AN ACT ENTITLED, An Act to provide deadlines for the transmission of voter registration files.

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

HB 1052 Introduced by: Representatives Elliott, Blake, Feickert, Jones, Kirschman, Schaefer, and Sigdestad and Senators Buhl, Frerichs, and Hundstad

FOR AN ACT ENTITLED, An Act to revise the allowable ratio of pharmacy technicians to pharmacists.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1004: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2010.

Was read the second time.

The question being "Shall HB 1004 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Feinstein

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1020: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the disclosure of parole eligibility at sentencing.

Was read the second time.

Rep. Lust moved that HB 1020 be deferred to Thursday, January 20^th, the 7^th legislative day.

Which motion prevailed.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:31 p.m. the House adjourned.

Karen Gerdes, Chief Clerk