House Journal 01/21/2005 1:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 21, 2005

The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Nancy Kapp, followed by the Pledge of Allegiance led by House page Sarah Prince.

Roll Call: All members present except Reps. Buckingham, Gillespie, and Van Etten 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 seventh 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 Judiciary respectfully reports that it has had under consideration HB 1071 and SB 16 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 HB 1072 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 HB 1070 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 3 of the printed bill, after " officer's " insert " documented ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 54 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, overstrike " , if applicable, " .

On page 1 , line 9, after " state " overstrike " should " and insert " shall ".

And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1067 and SB 69 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 State Affairs respectfully reports that it has had under consideration HB 1077 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1056 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, delete " five million one " and insert "five million two hundred ten thousand dollars ($5,210,000)".

On page 1 , line 5, delete " hundred ninety-six thousand two hundred two dollars ($5,196,202) " .

And that as so amended said bill do pass.

Respectfully submitted,
J.E. "Jim" Putnam, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 7, 8, 22, 31, 44, and 62 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

The House of Representatives recognized Jennifer Coats and Brian Siemonsma who served the 2005 Legislature as computer interns.

House Page Resolution 1 Introduced by: Representatives 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eightieth Legislature of the State of South Dakota to Cody Braun, Douglas Carlson, Kayla Fritz, Garrett Gassman, Whitney Johnson, Jodi Kaup, Larry Klipfel, Sarah Prince, Jill Rounds, Mallory Schaefer, Ron Shippy, Sally Thayer, and Rachel Tollefson.

WHEREAS, the above named served loyally as pages for the House of Representatives of the Eightieth Legislative Session; and

WHEREAS, the members of the Eightieth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

Rep. Rhoden moved that House Page Resolution 1 be adopted.

Which motion prevailed and the resolution was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on HB 1039 as found on page 100 of the House Journal be adopted.

Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1091 Introduced by: Representatives Pederson (Gordon) and Howie and Senator Lintz

FOR AN ACT ENTITLED, An Act to revise certain dates used for the purpose of determining whether real estate taxes are delinquent.

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

HB 1092 Introduced by: Representatives Dykstra, Cutler, Haverly, Hennies, Kraus, Krebs, McLaughlin, Miles, Murschel, Rave, Tornow, and Wick and Senators Kelly, Adelstein, Broderick, Dempster, and McCracken

FOR AN ACT ENTITLED, An Act to provide for a commercial real estate broker lien.

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

HB 1093 Introduced by: Representatives Novstrup, Elliott, Frost, Garnos, Halverson, Hennies, Koistinen, Krebs, Murschel, Nelson, O'Brien, Rhoden, and Sigdestad and Senators Sutton (Duane) and Hundstad

FOR AN ACT ENTITLED, An Act to allow certain nonpublic school students to participate in interscholastic activities at other nonpublic schools.

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

HB 1094 Introduced by: Representatives Gillespie, Boomgarden, Dykstra, Rounds, and Schafer and Senators Broderick, McCracken, Nesselhuf, and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to provide for the division of farm mutual insurance companies.

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

HB 1095 Introduced by: Representatives Dykstra, Cutler, Davis, Elliott, Hackl, Kraus, Miles, Murschel, Rave, and Tornow and Senators Duenwald, Adelstein, and Dempster

FOR AN ACT ENTITLED, An Act to require drug and alcohol testing of employees of adjustment training centers.

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

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 7: FOR AN ACT ENTITLED, An Act to revise the notice requirements for road district elections.

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

SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning voter tabulation systems.

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

SB 22: FOR AN ACT ENTITLED, An Act to change the agency required to provide certain information regarding the value of railroad property.

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

SB 31: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the collection of debt and fees by the Bureau of Administration.

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

SB 62: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Science and Technology Authority to invest funds with the State Investment Council.

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 1060: FOR AN ACT ENTITLED, An Act to authorize the secretary of Revenue and Regulation to issue a cease and desist order to vehicle, snowmobile, manufactured home, and boat dealers for certain violations, to authorize imposition of monetary penalties for failure to comply with a cease and desist order, and to modify the reasons for suspending or revoking a dealer's license.

Was read the second time.

The question being "Shall HB 1060 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Buckingham; Gillespie; Van Etten

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 1047: FOR AN ACT ENTITLED, An Act to authorize premium discounts for small employers who meet certain carrier participation requirements.

Was read the second time.

The question being "Shall HB 1047 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Buckingham; Gillespie; 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 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the determination of agricultural income value for property tax purposes.

Was read the second time.

Rep. Dennert requested that HB 1036 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the maximum term of promissory notes issued to municipalities.

Was read the second time.

The question being "Shall HB 1074 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Buckingham; Gillespie; 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

Rep. Rhoden moved that HB 1023, 1045, 1041, 1002, and 1076 be deferred to Monday, January 24^th, the 9^th legislative day.

Which motion prevailed and the bills were so deferred.

COMMEMORATIONS

HC 1001 Introduced by: Representative Rhoden and Senator Sutton (Dan)

A LEGISLATIVE COMMEMORATION, Honoring Marletta Eich of Madison as a 2004 Milken Educator.

WHEREAS, Marletta Eich, an elementary school teacher at Washington Elementary School, in Madison, was chosen as a 2004 Milken Educator; and

WHEREAS, she has dedicated more than nineteen years to the teaching profession; and

WHEREAS, she strives to integrate curricula and ensure her lessons have "real world" applicability to engender civic-minded and learning-focused students; and

WHEREAS, she tirelessly serves her students, students' parents, colleagues, and community; and

WHEREAS, she is a dedicated, dynamic, and enthusiastic educator; and

WHEREAS, she has earned the respect and admiration of her students and colleagues by continuously going above and beyond the call of duty:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Marletta Eich be congratulated upon her selection as a 2004 Milken Educator.

HC 1002 Introduced by: Representatives Novstrup, Dennert, Elliott, Frost, Halverson, Rounds, and Sigdestad and Senators Sutton (Duane), Hansen (Tom), Hundstad, and Sutton (Dan)

A LEGISLATIVE COMMEMORATION, Honoring Northern State University's marching band for being selected as a representative of South Dakota in the 2005 Presidential Inaugural Parade in Washington, D.C.

WHEREAS, the Northern State University marching band was organized by Harvey Moen in 1941 and has remained an important ambassador for Northern State University for the past six decades; and

WHEREAS, the NSU Marching Wolves have enjoyed a long and distinguished tradition of excellence, have performed at all home football games, the annual Gypsy Day Parade, the Governor's Korean War Memorial Parade, regional marching band festivals, and professional football games including the Minnesota Vikings, the Denver Broncos, and the Winnipeg Blue Bombers; and

WHEREAS, the Northern State University's marching band is the only band from South Dakota and one of fifteen bands selected to perform in the 2005 Presidential Inaugural Parade in Washington, D.C. on January 20, 2005; and

WHEREAS, to be selected one of the best in the nation is a tremendous accomplishment and experience for the students and for the entire Northern State University community:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Northern State University's marching band be congratulated on this great accomplishment and honor of representing South Dakota in the 2005 Presidential Inaugural Parade.

HC 1003 Introduced by: Representatives Novstrup, Dennert, Elliott, Frost, Halverson, Rounds, and Sigdestad and Senators Sutton (Duane), Hansen (Tom), Hundstad, and Sutton (Dan)

A LEGISLATIVE COMMEMORATION, Honoring Coach Don Meyer for winning his 800^th career basketball game.

WHEREAS, Coach Don Meyer of Northern State University won his 800^th career basketball game on Saturday, December 11, 2004, when the Northern State University Wolves defeated the University of Minnesota-Duluth 69-50 at Barnett Center in Aberdeen, South Dakota; and

WHEREAS, Coach Don Meyer has contributed to his state and community through his focus on education, love of basketball, commitment to the students, assistant coaches, and athletes; and

WHEREAS, the well being of the State of South Dakota, the strength of our communities, and the vitality of the American society are enhanced because of the dedication and commitment of Don Meyer who uses his considerable talents to lead by example and to build character in each young life he touches:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Don Meyer be honored for winning his 800^th career basketball game.

HC 1004 Introduced by: Representatives Miles, Cutler, Elliott, Glenski, Heineman, Hunt, Murschel, Peters, Roberts, Thompson, Tornow, Weems, Wick, and Willadsen and Senators Koetzle, Abdallah, Dempster, Earley, Gant, Kelly, and Knudson

A LEGISLATIVE COMMEMORATION, Commending and honoring James Oliver for receiving the 2004 New York Times Librarian Award.

WHEREAS, Jim Oliver has been recognized for his outstanding enthusiasm and encouragement for children to read for the past nineteen years; and

WHEREAS, the quality of many children's lives has improved due to his assistance in introducing children to a variety of children's books and plays; and

WHEREAS, his dedication and excellence have been honored among the top few librarians across the United States:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Jim Oliver has been recognized for his efforts to enrich children's lives with literature with the 2004 New York Times Librarian Award.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:23 p.m. the House adjourned.

Karen Gerdes, Chief Clerk