JOURNAL OF THE HOUSE

EIGHTIETH SESSION  




SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 19, 2005


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

     The prayer was offered by the Chaplain, Rev. Greg Kroger, followed by the Pledge of Allegiance led by House page Jodi Kaup.

     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 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,
Matthew Michels, Chair

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


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1021, 1022, 1023, 1034, and 1042 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 Transportation respectfully reports that it has had under consideration HB 1041 and returns the same with the recommendation that said bill be amended as follows:

1041fa
     On page 1, line 15 of the printed bill, overstrike " The " .

     On page 2 , line 1, overstrike everything before " The " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

1060fa
     On page 12, line 9 of the printed bill, after " bond; " insert " or ".

     On page 12 , line 11, overstrike " ; " .

     On page 12, line 12, remove the overstrikes from " , four " .

     On page 12 , line 13, remove the overstrikes from " or more times within a one-year period, " .

     On page 12 , line 17, remove the overstrikes from " , four or more times within a one-year " .

     On page 12 , line 18, remove the overstrikes from " period, " .

     On page 12 , overstrike lines 12 to 19 , inclusive.

     On page 12 , delete line 20 , and insert " the licensed dealer acquired the home .".


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

Respectfully submitted,
Gordon R. Pederson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 9, 10, 14, 16, 18, 19, 21, 32, 33, 54, and 69 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Kraus moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Eightieth Legislative Session as found on pages 80 and 81 of the House Journal be adopted.

    Which motion prevailed and the report was adopted.

     Rep. Hunt moved that the report of the Joint-Select Committee relative to the selection of chaplains for the Eightieth Legislative Session as found on page 81 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

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

     Commerce on HB 1045 as found on page 78 of the House Journal ; also

     Commerce on HB 1046 as found on page 78 of the House Journal ; also

     Commerce on HB 1035 as found on page 78 of the House Journal ; also

     Taxation on HB 1044 as found on page 79 of the House Journal ; also

     Taxation on HB 1033 as found on pages 79 and 80 of the House Journal be adopted.


     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1077   Introduced by:  Representatives Glenski, Cutler, Frost, Gassman, Glover, Hennies, McCoy, Miles, Murschel, Rounds, Sigdestad, Thompson, and Tidemann and Senators Knudson, Adelstein, Broderick, Duenwald, and Smidt

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the authorization of video lottery machine placement in on-sale alcoholic beverage establishments.

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

     HB 1078   Introduced by:  Representatives Buckingham, Boomgarden, Frost, Garnos, Haverly, Heineman, Hennies, Hills, Hunt, Pederson (Gordon), Putnam, and Rave and Senators Duniphan, Bogue, Broderick, Gray, Kelly, Koetzle, Koskan, Napoli, Olson (Ed), Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   increase the motorcycle safety education fee and to provide for the repeal of the fee.

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

     HB 1079   Introduced by:  Representative Michels and Senator Smidt

       FOR AN ACT ENTITLED, An Act to   repeal certain executed and superceded mining statutes.

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

     There being no objection, the House proceeded to Order of Business No. 13.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 9:   FOR AN ACT ENTITLED, An Act to   repeal certain obsolete provisions relating to a plan for integrated telecommunications functions and facilities.

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


     SB 10:   FOR AN ACT ENTITLED, An Act to   revise certain references to the Rural Development Telecommunications Network language with appropriate references to the Digital Dakota Network.

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

     SB 14:   FOR AN ACT ENTITLED, An Act to   modify provisions related to the payment of unemployment insurance benefits.

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

     SB 16:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the statutes of limitation for workers' compensation claims.

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

     SB 18:   FOR AN ACT ENTITLED, An Act to   require the Public Utilities Commission to disburse certain bond or other proceeds to affected customers.

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

     SB 19:   FOR AN ACT ENTITLED, An Act to   revise the length of time for the Public Utilities Commission to act on an application for a certificate of authority for interexchange telecommunications service.

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

     SB 21:   FOR AN ACT ENTITLED, An Act to   update certain citations to federal regulations regarding the pipeline safety inspection program.

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

     SB 32:   FOR AN ACT ENTITLED, An Act to   change certain references from the Department of Revenue and Regulation to the Department of Public Safety.

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

     SB 33:   FOR AN ACT ENTITLED, An Act to   update certain provisions for specifications and tolerances for weighing and measuring devices.

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



     SB 54:   FOR AN ACT ENTITLED, An Act to   clarify the procedure to be followed for expedited abused or neglected child proceedings.

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

     SB 69:   FOR AN ACT ENTITLED, An Act to   revise the administrative rules promulgation process.

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

     There being no objection, the House reverted to Order of Business No. 11.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1019:   FOR AN ACT ENTITLED, An Act to   make firefighters from nonprofit corporate rural fire departments eligible for state workers compensation when working for the Department of Agriculture.

     Was read the second time.

     Rep. Jensen requested that HB 1019 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1050:   FOR AN ACT ENTITLED, An Act to   provide that residents under sixteen years of age are not required to obtain a resident wholesale bait dealer license.

     Was read the second time.

     The question being "Shall HB 1050 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
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 1037:   FOR AN ACT ENTITLED, An Act to   revise the definition of a bad debt and modify the circumstances under which a bad debt may be deducted for taxation purposes.

     Was read the second time.

     The question being "Shall HB 1037 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
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 1043:   FOR AN ACT ENTITLED, An Act to   revise the definition of the term, prepared food, for sales and use tax purposes.


     Was read the second time.

     The question being "Shall HB 1043 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, 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; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Van Norman

     Excused:
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 1007:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning voter registration.

     Was read the second time.

     Rep. Hennies requested that HB 1007 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1064:   FOR AN ACT ENTITLED, An Act to   remove the requirement for a certificate of health for certain persons with continuing contracts in a consolidated school district.

     Was read the second time.

     The question being "Shall HB 1064 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1040:   FOR AN ACT ENTITLED, An Act to   repeal certain sales and use tax exemptions that conflict with certain statutory exemptions.

     Was read the second time.

     The question being "Shall HB 1040 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, 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; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Van Norman

     Excused:
Putnam; 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 1008:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning absentee ballots.

    Was read the second time.


     Rep. Davis moved that HB 1008 be deferred to Thursday, January 20th, the 7th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1063:   FOR AN ACT ENTITLED, An Act to   repeal certain administrative rule-making authority regarding education for gifted children.

     Was read the second time.

     The question being "Shall HB 1063 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Putnam; 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 2:27 p.m. the House adjourned.

Karen Gerdes, Chief Clerk