JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 18, 2005

     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 Garrett Gassman and Whitney Johnson.

    The oath of office was administered by Speaker Michels to the following Representative-elect:

    Jim Bradford

    Which was subscribed to and placed on file in the office of the Secretary of State.

     Roll Call: All members present except Rep. Van Etten who was 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 fourth 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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1045 and returns the same with the recommendation that said bill be amended as follows:

1045ja
     On page 1, line 8 of the printed bill, delete " still in school " and insert "a full-time student in an accredited institution of higher learning".

     On page 2 , line 2, delete " still in school " and insert "a full-time student in an accredited institution of higher learning".

     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 1046 and returns the same with the recommendation that said bill be amended as follows:

1046ja
     On page 1, line 10 of the printed bill, after " thirty days of " insert "receipt of written notice by the director of".

     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 1035 and returns the same with the recommendation that said bill be amended as follows:

1035ja
     On page 1, line 9 of the printed bill, delete " by any means, including " .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Lou Sebert, Chair


Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1019 and 1050 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1040 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1037 and 1043 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1044 and returns the same with the recommendation that said bill be amended as follows:

1044fa
     On page 1, line 7 of the printed bill, after " a seller " insert "requesting a refund of over- collected sales or use taxes".

     On page 1 , line 12, after " seller " insert "requesting a refund".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

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

1033fa
     On page 1, line 8 of the printed bill, delete " not " .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1008 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1007 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas Hennies, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1063 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1064 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair

REPORTS OF SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Eightieth Legislative Session be January 11 through January 14, January 18 through January 21, January 24 through January 28, January 31 through February 5, February 7 through February 11, February 14 through February 19, February 22 through February 25, February 28 through March 4, and March 22.

Respectfully submitted,    Respectfully submitted,
Elizabeth Kraus    Lee Schoenbeck
Sean O'Brien    Eric Bogue
Kathy Miles    Garry Moore
House Committee    Senate Committee


Also MR. SPEAKER:

Your Joint-Select Committee appointed relative to securing chaplains for the Eightieth Legislative Session respectfully reports:

We have conferred with the Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Dodie Noordermeer, Director of Spiritual Care, St. Mary's Hospital, as chief chaplain, to serve the Senate and House as chaplains throughout the Eightieth session of the Legislature. The chaplains are as follows:

Theodora Boolin, Michele Bradley, Genie Butler, Tom Cool, Roger Easland, John Fette, Harvey Friez, Howard Grinager, Roger Heidt, Nancy Kapp, Ruth Ann Loughry, Dallas McKinley, Dodie Noordermeer, Shirley Sandberg, Brad Urbach, Billy Wilson, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Roger Hunt    Orville Smidt
Gerald Lange    William Earley
House Committee    Dan Sutton
    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 the Joint Rules for the two houses for the Eightieth 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,
Patricia Adam, Secretary

HONORED GUESTS


     Rep. Jerke introduced Miss Becky Koupal, Tabor Czech Days Queen; Miss Erin Tycz, Czech-Slovak USA Queen - 2004; Princess Mariah Kostal; and Prince Jordan Hejna.

     Rep. Rhoden introduced Terry Koontz of Sturgis, South Dakota, who was selected as the 2004-2005 Outstanding School Board Member.

MOTIONS AND RESOLUTIONS


     HCR 1001:   A CONCURRENT RESOLUTION,   Requesting the United States Department of Agriculture to reimpose the ban on importation of Canadian cattle.

     Rep. Rhoden moved that HCR 1001 as found on pages 57 to 59 of the House Journal be adopted.

     The question being on Rep. Rhoden's motion that HCR 1001 be adopted.

     And the roll being called:

     Yeas 62, Nays 0, Excused 8, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Hunhoff; Klaudt; Peters; Putnam; Rausch; Tidemann; Van Etten; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted.

     HCR 1002   :   A CONCURRENT RESOLUTION,   Expressing legislative support for the preservation of the words, under God, in the pledge of allegiance.

     Rep. Hanks moved that HCR 1002 be deferred to Thursday, January 20th, the 7th legislative day.

     Which motion prevailed and the resolution was so deferred.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Kraus moved that the report of the Joint-Select Committee relative to the arrangements for a memorial service for the Eightieth Legislative Session as found on page 56 of the House Journal be adopted.

    Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1070   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   provide for the arrest and detention of certain probationers believed to be in violation of their probation conditions by court service officers or law enforcement officers.

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

     HB 1071   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   expand the time within which a judge may extend clemency or reduce a sentence.

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

     HB 1072   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   permit magistrate judges to order a transcript of a grand jury proceeding.

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

     HB 1073   Introduced by:  Representatives Dykstra, McCoy, McLaughlin, Schafer, and Weems and Senators Duenwald, Lintz, McNenny, Olson (Ed), and Smidt

       FOR AN ACT ENTITLED, An Act to   phase out the financial incentives for consolidated school districts.

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

     HB 1074   Introduced by:  Representatives Rounds, Brunner, Dennert, Elliott, Garnos, Hackl, Halverson, Hennies, and McCoy and Senators Lintz, Gray, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the maximum term of promissory notes issued to municipalities.

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

     HB 1075   Introduced by:  Representatives Frost, Cutler, Elliott, Gassman, Glenski, Hunhoff, Kraus, Lange, McCoy, Miles, Rave, Roberts, Thompson, Van Etten, and Weems and Senators Sutton (Duane), Adelstein, Hansen (Tom), Hundstad, Knudson, and Kooistra

       FOR AN ACT ENTITLED, An Act to   repeal certain exceptions to the prohibition on smoking in certain public places.

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

     HB 1076   Introduced by:  Representatives Hanks, Hennies, McLaughlin, and Rounds and Senators Adelstein, Duniphan, and Gray

       FOR AN ACT ENTITLED, An Act to   permit certain public entities to establish the maximum indemnity for their officers and employees.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1009:   FOR AN ACT ENTITLED, An Act to   revise certain filing requirements for limited liability companies and to repeal certain obsolete provisions.

     Was read the second time.

     The question being "Shall HB 1009 pass?"


     And the roll being called:

     Yeas 59, Nays 0, Excused 11, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; Peters; Putnam; Rausch; Tidemann; Van Etten; Van Norman

     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 1010:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding federal tax lien registrations.

     Was read the second time.

     The question being "Shall HB 1010 pass?"

     And the roll being called:

     Yeas 58, Nays 1, Excused 11, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford

     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; Peters; Putnam; Rausch; Tidemann; Van Etten; Van Norman

     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 1020:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to clemency hearings and other hearings of the Board of Pardons and Paroles.

     Was read the second time.

1020ra

     Rep. O'Brien moved that HB 1020 be amended as follows:

     On page 3, line 5 of the printed bill, delete " the crime " and insert " an applicant was convicted of a crime that ".

     On page 3 , line 6, after " in " insert " the applicant subsequently serving ".

     On page 3 , line 6, after " sentence, " delete " an " and insert " the ".

     Which motion prevailed and HB 1020 was so amended.

     The question being "Shall HB 1020 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 0, Excused 10, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; Peters; Putnam; Rausch; Tidemann; Van Etten

     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 1048:   FOR AN ACT ENTITLED, An Act to   modify certain bonding provisions for nonresident violators of game, fish and park laws.

     Was read the second time.

     The question being "Shall HB 1048 pass?"

     And the roll being called:

     Yeas 60, Nays 0, Excused 10, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; Peters; Putnam; Rausch; Tidemann; Van Etten

     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. Pederson moved that the House do now adjourn, which motion prevailed and at 2:45 p.m. the House adjourned.

Karen Gerdes, Chief Clerk