Printer FriendlyHouse of Representatives Journal 1/13/2011 12:30 PM
JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 13, 2012
The House convened at 12:30 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of
Allegiance led by House page Leah Herman.
Roll Call: All members present except Reps. Boomgarden, Iron Cloud III, Killer, Miller,
Moser, Romkema, Schrempp, Steele, Stricherz and Van Gerpen who were excused.
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 third 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 State Affairs respectfully reports that it has had under consideration
HB 1048 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1016 and 1024 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
Respectfully submitted,
David Lust, Chair
REPORTS OF JOINT-SELECT COMMITTEES
MR. SPEAKER:
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had
under consideration the joint rules and recommends that the joint rules of the Eighty-sixth
Legislative Session be adopted as the joint rules of the Eighty-seventh Legislative Session with
the following changes:
The deadline for All Bill Drafts with Sponsors due back in LRC by 5 PM moves from the
12th Legislative Day to the 10th Legislative Day.
The Final Day to introduce individual Bills and Joint Resolutions moves from the
13th Legislative Day to the 10th Legislative Day.
The Final Day to introduce committee bills and joint resolutions moves from the
14th Legislative Day to the 11th Legislative Day.
CHAPTER 17. LEGISLATIVE DEADLINES
Legislative Deadlines
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Legislative Action
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40 Day Session
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33 Day Session
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Final day for introduction of individual bills and
joint resolutions
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15th Day
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10th Day
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Final day for introduction of committee bills and
joint resolutions*
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16th Day
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11th Day
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Last day upon which Joint Rule 5-17 can be invoked
on a bill or resolution in either house
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26th Day
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19th Day
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Last day to move required delivery of bills or
resolutions by a committee to the house of origin*
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27th Day
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20th Day
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Last day to pass bills or joint resolutions by the
house of origin*
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28th Day
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21st Day
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Final day for introduction of concurrent resolutions
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28th day
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26th Day
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During the seven final legislative days motions to
reconsider and reconsideration being made upon the
same day (any time before adjournment)
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34th Day on
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27th Day on
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Last day to move required delivery of bills or
resolutions by a committee to the second house*
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35th Day
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28th Day
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Last day for a bill or joint resolution to pass both
houses*
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36th Day
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29th Day
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Two days preceding the final two days of a
legislative session shall be reserved for concurrences
or action upon conference committee reports
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37th Day
38th Day
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30th Day
31st Day
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The final day of a legislative session is reserved for
the consideration of vetoes
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40th Day
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33rd Day
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* This deadline does not apply to the general appropriations bill.
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17-1. Calendar less than 40 days. If a Session Calendar is adopted for a period of thirty-six
(36) days to thirty-nine (39) days, inclusive, the legislative deadlines set forth in Chapter 17 of
the Joint Rules for a thirty-five (35) day session shall be increased by the same number of days
by which the length of the adopted calendar exceeds thirty-five (35) days.
The joint rules and the rules of the Senate and House shall be printed in the House
Journal.
Respectfully submitted, Respectfully submitted,
Val Rausch Bob Gray
David Lust Russell Olson
Bernie Hunhoff Jason Frerichs
House Committee Senate Committee
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to setting the compensation schedule for the elective and
appointive officers and employees of the Senate and House for the Eighty-seventh Legislative
Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to arranging for legislative days for members, officers, and
employees of the House and Senate.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to making arrangements for the distribution of the official
directory, Senate and House journals, and bills and other legislative printing for the two houses
and the state offices.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to securing chaplains for the Eighty-seventh Legislative
Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to making arrangements for a memorial recognition of
deceased former members of the House and Senate.
Respectfully submitted,
Fee Jacobsen, Secretary
MOTIONS AND RESOLUTIONS
Rep. Lust moved to amend the 2012 Session Calendar by moving Legislative Day 5 to
Thursday, January 19, 2012; Legislative Day 32 to Friday, March 2, 2012; Legislative Day 33
to March 19, 2012, eliminating Legislative Days 34 and 35 and adjusting the remaining
Calendar appropriately.
Which motion prevailed.
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1053 Introduced by: Representatives Stricherz, Bolin, Conzet, Deelstra, Elliott, Gosch,
Hawley, Hickey, Hoffman, Lust, Magstadt, Miller, Munsterman, Rausch, Romkema, and Wick
and Senators Cutler, Begalka, Olson (Russell), and Rhoden
FOR AN ACT ENTITLED, An Act to establish the hope card program relating to
protection orders.
Was read the first time and referred to the Committee on Judiciary.
HB 1054 Introduced by: Representatives Gosch, Abdallah, Feinstein, Hunt, Lust, and
Rausch and Senators Cutler, Gray, and Tieszen
FOR AN ACT ENTITLED, An Act to amend certain provisions concerning Worker's
Compensation.
Was read the first time and referred to the Committee on Judiciary.
HB 1055 Introduced by: Representatives Gosch, Abdallah, Feinstein, Hunt, Lust, Rausch,
and Turbiville and Senators Cutler, Gray, Olson (Russell), Tieszen, and Vehle
FOR AN ACT ENTITLED, An Act to allow for joint physical custody orders after a court
awards joint legal custody if in the best interest of the child.
Was read the first time and referred to the Committee on Judiciary.
HB 1056 Introduced by: Representatives Lust, Abdallah, Feinstein, Gosch, Hunt, and
Rausch and Senators Cutler, Gray, and Tieszen
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 State Affairs.
HB 1057 Introduced by: Representatives Verchio, Brunner, Elliott, Hubbel, Nelson (Stace),
Olson (Betty), Russell, Sigdestad, Tulson, and Venner and Senators Rhoden and Maher
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the manner in
which county wheel taxes are imposed.
Was read the first time and referred to the Committee on Local Government.
HB 1058 Introduced by: The Committee on State Affairs at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act to revise certain record search fees charged by clerks
of court.
Was read the first time and referred to the Committee on State Affairs.
HB 1059 Introduced by: Representatives Lust, Feinstein, and Gosch and Senators Nygaard
and Cutler
FOR AN ACT ENTITLED, An Act to revise Article 9 of the Uniform Commercial Code.
Was read the first time and referred to the Committee on Commerce and Energy.
HJR 1001 Introduced by: Representatives Lust, Abdallah, Feinstein, Gosch, Hunt, and
Rausch and Senators Cutler, Gray, and Tieszen
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general
election an amendment to Article XVII of the Constitution of the State of South Dakota, relating
to corporations.
Was read the first time and referred to the Committee on State Affairs.
COMMEMORATIONS
HC 1003 Introduced by: Representatives Kloucek, Bolin, Cronin, Elliott, Fargen, Feickert,
Feinstein, Gibson, Hansen (Jon), Hawley, Hickey, Hunt, Jones, Kirschman, Lucas, Magstadt,
Moser, Olson (Betty), Rozum, Sigdestad, Sly, Street, Stricherz, Turbiville, Van Gerpen, and
Wismer and Senators Putnam, Begalka, Cutler, Frerichs, Hunhoff (Jean), Lederman, Maher,
Novstrup (Al), Nygaard, Rampelberg, Rhoden, and Tieszen
A LEGISLATIVE COMMEMORATION, Commending and honoring the community of
Delmont on its one hundred twenty-fifth birthday.
WHEREAS, on February 27, 2011, the community of Delmont began its year of celebrating
its one hundred twenty-fifth birthday with the Delmont Fireman's Sausage Supper February 27,
2011; and on September 10 and 11, 2011, the community of Delmont celebrated its German
Heritage with a Kuchen Festival and Old-Time Harvest Festival; and on December 31, 2011,
the community of Delmont ended its year of celebration with a New Year's Eve parade and a
Simply South Dakota Tasting Event; and
WHEREAS, the community organizations responsible for the various events were the 125
th
Anniversary committee, headed by Dick and Earla Strid, Glennis Stern, Alan Villmow, Jane
Baier, Scott Andersh, Lexine Goehring, Nola Redd, Londa Fink, Andra Semmler, Mike
Williams, Shirley Weisser, Russ and Barb Dozark, Arlo Bueber, Dale Bitterman, Vernon Kraft;
the Delmont Volunteer Fire Department, Elmer Goehring, chief, Kevin Beehler, 1
st assistant,
Darren Fechner, 2
nd assistant, Ray Anderson, secretary, Dwight Brenner, treasurer, Adam Brock,
equipment manager, Mike Redd, Todd Gross, Devin Loneman, Corey Whitney, Tom Goehring,
Russ Dozark, J.J. Kokes, Joel Baier, Kevin Hanten, Duane Wagner, Scott Clites, Rob Hotchkiss,
Niel Anderson, Gary Roth; The Historical Society of Delmont, headed by Earla Strid, president,
Dick Strid, Sam Grosz, Ray and Phyllis Dewald; the Twin Rivers Old Iron Association, headed
by Glennis Stern, president, Rolyn Erck, George Sandhoff, Dale Bitterman, Joel Baier, Mike
Fechner, Brian Weisser, Harold Bietz, Tammy Weisser, Donna Erck, Norma Bietz, Lila Fechner
and Deb Stern; Delmont Community Club, Shirley Weisser, president; Delmont Non-Profit
Development Corporation, Elizabeth "Sam" Grosz, Earla Strid, Dick Strid, Scott Clites,
Glendine Heinert, and Shirley Weisser; Tyndall Bakery, Ed and Carol Radack owners and
Kuchen bakers.
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of
the State of South Dakota, that the community of Delmont, the surrounding community
members, and descendants near and far be congratulated for its successful year of celebrating
the one hundred twenty-fifth birthday of the community of Delmont; and
BE IT FURTHER COMMEMORATED that we salute Delmont for all of its annual events
and the great effort it makes as an example of small town tourism at its finest.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
12:49 p.m. the House adjourned.
Karen Gerdes, Chief Clerk