House Journal 01/24/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

NINTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 24, 2005

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

The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by House page Tony Abeln.

Roll Call: All members present, except Rep. Van Norman 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 eighth 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.

The oath of office was administered by Speaker Michels to the following named pages and employee:

Anthony Abeln, Bethany Bleeker, Sarah Burtt, Erin Chase, Shane Grimme, Lindsay Hammer, Erin Healy, Bonnie Koster, Kimberly McCoy, Suzanne Miller, Kari Rasmussen, Nicole West, Megan Whipple

Assistant Sergeant at Arms -- David Merrill

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill be amended as follows:

1090ra

On page 1, line 11 of the printed bill, after " informed " insert " , in writing, ".

On page 2 , line 2, after " informed " insert " , in writing, ".

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

59ra

On page 2, line 3 of the Senate Judiciary Committee engrossed bill, delete " May " and insert "Shall".

59rb

On page 3, line 7 of the Senate Judiciary Committee engrossed bill, after " who " insert "orders or".

59rc

On page 2, line 7 of the Senate Judiciary Committee engrossed bill, delete " by other medical personnel, mental health personnel, or jail " and insert "concerning".

On page 2 , line 8, delete " or prison staff who have knowledge of " .

59rd

On page 2, line 7 of the Senate Judiciary Committee engrossed bill, after " testimony " insert "or written statement".

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 15 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1030 and 1031 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 Health and Human Services respectfully reports that it has had under consideration HB 1032 and returns the same with the recommendation that said bill be amended as follows:

1032ja

On page 1, line 9 of the printed bill, after " practitioner " insert " or nurse midwife ".

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

Respectfully submitted,
Larry Frost, Vice Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1075 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1061 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1085 and 1086 and SB 20 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill be amended as follows:

1087fa

On page 1 of the printed bill, delete lines 6 to 8 , inclusive, and insert:

"Any private entity or individual registering a person to vote shall file the completed registration form with the county auditor within ten days or by the voter registration deadline, whichever occurs first. A violation of this section is a Class 2 misdemeanor.".

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 47 and 68 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

SCR 1: A CONCURRENT RESOLUTION, Praising the dramatic progress at Crazy Horse Memorial and recognizing the memorial's year of renewing the dream of Chief Henry Standing Bear and sculptor Korczak Ziolkowski.

Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1070 as found on page 118 of the House Journal ; also

Judiciary on SB 54 as found on page 118 of the House Journal ; also

Appropriations on HB 1055 as found on page 119 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1096 Introduced by: Representatives Hackl, Davis, Frost, Haverly, and Rausch and Senators Duenwald, Napoli, and Olson (Ed)

FOR AN ACT ENTITLED, An Act to appropriate money for the design and construction of an armory.

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

HB 1097 Introduced by: Representatives Hanks, Haverly, Hennies, and McCoy and Senators Adelstein, Gray, and Napoli

FOR AN ACT ENTITLED, An Act to authorize the use of special elections to fill vacancies in the office of the mayor and on the governing boards of certain municipalities.

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

HB 1098 Introduced by: Representative Hunt and Senators Koskan and Lintz

FOR AN ACT ENTITLED, An Act to clarify certain provisions related to the terms of conservation easements.

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

HB 1099 Introduced by: Representatives Wick, Halverson, Hennies, Hunt, McLaughlin, Murschel, Rave, Roberts, Thompson, and Tornow and Senators Kelly, Abdallah, Broderick, Duniphan, Gant, Knudson, and Napoli

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the publications and distribution of school district, municipal, and county minutes.

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

HB 1100 Introduced by: Representatives Jensen, Davis, Halverson, and Lange and Senators McNenny, Hanson (Gary), Lintz, and Peterson (Jim)

FOR AN ACT ENTITLED, An Act to exempt swine and cattle semen from sales and use tax.

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

HB 1101 Introduced by: Representatives Rounds, Boomgarden, Bradford, Elliott, Hargens, Hunt, Krebs, Olson (Ryan), Pederson (Gordon), Schafer, Sebert, and Street and Senators Schoenbeck, Abdallah, Broderick, McCracken, Moore, Nesselhuf, and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to except contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade.

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

HB 1102 Introduced by: Representative Hunt and Senator Knudson

FOR AN ACT ENTITLED, An Act to increase the statutorily authorized maximum payment or indemnity for governmental officers and employees.

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

HB 1103 Introduced by: Representatives Brunner, Dykstra, Hanks, Howie, Jensen, Klaudt, McCoy, Peters, Rave, Rhoden, and Turbiville and Senators Lintz, Gant, Koskan, McNenny, and Napoli

FOR AN ACT ENTITLED, An Act to restrict the entry of conservation officers onto certain private land without permission.

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

HB 1104 Introduced by: Representatives Cutler, Rave, Rounds, Turbiville, and Vehle and Senators Dempster and Earley

FOR AN ACT ENTITLED, An Act to limit the damages that may be awarded in a medical malpractice action against a podiatrist.

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

HB 1105 Introduced by: Representatives Cutler, Krebs, McCoy, Michels, Murschel, Roberts, and Weems and Senators Knudson, Broderick, Duniphan, Hanson (Gary), Moore, and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to revise the definition of domestic abuse.

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

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 47: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code and to revise certain cross references.

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

SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of estheticians.

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1072: FOR AN ACT ENTITLED, An Act to permit magistrate judges to order a transcript of a grand jury proceeding.

Was read the second time.

The question being "Shall HB 1072 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 Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
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.

HB 1067: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

Was read the second time.

The question being "Shall HB 1067 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
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.

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

Was read the second time.

The question being "Shall SB 69 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
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 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the required labeling of motor vehicle window film or glaze.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1023 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
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.

HB 1045: FOR AN ACT ENTITLED, An Act to provide for the continuance of coverage for dependents on certain health insurance policies.

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1045 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
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.

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

Having had its second reading was up for consideration and final passage.

The question being "Shall HB 1036 pass?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Haley; Halverson; 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; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Glover; Hanks

Excused:
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.

HB 1041: FOR AN ACT ENTITLED, An Act to require certain vehicle dealers to utilize an electronic title file system.

Was read the second time.

The question being "Shall HB 1041 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, 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; Klaudt; 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; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Jerke; Koistinen

Excused:
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.

Speaker Pro tempore Deadrick now presiding.

HB 1002: FOR AN ACT ENTITLED, An Act to revise the requirements for determining whether dwellings are eligible to be classified as owner-occupied single-family dwellings.

Was read the second time.

1002fa

Rep. Weems moved that HB 1002 be amended as follows:

On page 1, line 9 of the printed bill, delete " After July 1, 2005, if " and insert " If ".

On page 1 , line 11, delete everything after " certificate " .

On page 1 , delete line 12 .

On page 1 , line 13, delete everything before " The " .

A roll call vote was requested and supported.

The question being on Rep. Weems' motion that HB 1002 be amended.

And the roll being called:

Yeas 57, Nays 12, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gillespie; Glover; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Street; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Glenski; Haley; Hargens; Miles; Roberts; Sigdestad; Thompson; Valandra

Excused:
Van Norman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

The question being "Shall HB 1002 pass as amended?"

And the roll being called:

Yeas 53, Nays 16, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Glover; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Kroger; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Street; Thompson; Tidemann; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Haley; Hargens; Hunt; Krebs; Miles; Roberts; Rounds; Sigdestad; Turbiville; Valandra

Excused:
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.

HB 1076: FOR AN ACT ENTITLED, An Act to permit certain public entities to establish the maximum indemnity for their officers and employees.

Was read the second time.

Rep. Hanks moved that HB 1076 be deferred to Wednesday, January 26^th, the 11^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1039: FOR AN ACT ENTITLED, An Act to prohibit insurance producers from influencing witnesses.

Was read the second time.

1039oa

Rep. Willadsen moved that HB 1039 be amended as follows:

On page 1, line 5 of the House Commerce Committee engrossed bill, delete " , directly or indirectly, " .

Which motion prevailed and HB 1039 was so amended.

The question being "Shall HB 1039 pass as amended?"

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

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

Nays:
Buckingham; Deadrick; Haverly; Howie; Koistinen; Krebs; Novstrup

Excused:
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.

HB 1071: FOR AN ACT ENTITLED, An Act to expand the time within which a judge may extend clemency or reduce a sentence.

Was read the second time.

The question being "Shall HB 1071 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; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Tornow

Excused:
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.

HB 1056: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the second time.

The question being "Shall HB 1056 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
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.

Speaker Michels now presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 16 be deferred to Tuesday, January 25^th, the 10^th legislative day.

Which motion prevailed and the bill was so deferred.

COMMEMORATIONS

HC 1005 Introduced by: Representatives Glenski, Cutler, Heineman, Miles, Murschel, Roberts, Thompson, Tornow, Weems, Wick, and Willadsen and Senators Dempster, Abdallah, Earley, Gant, Kelly, Knudson, and Koetzle

A LEGISLATIVE COMMEMORATION, Honoring the 2004 Sioux Falls O' Gorman Knights football team and the students and staff involved in the football program as 2004 Class AA State High School Football Champions.

WHEREAS, the 2004 Sioux Falls O' Gorman Knights football team won the South Dakota Class AA State High School Football Championship, by dedication, true sportsmanship, commitment, and perseverance; and

WHEREAS, the Sioux Falls O' Gorman Knights football team has an excellent coaching staff and superior leadership from varsity head coach Steve Kueter, and assistant coaches Brent Salem, Rick Lynch, Tom Price, Shawn Bauer, Ed Whiting, and John Fritch; and

WHEREAS, all the varsity football players for the Sioux Falls O' Gorman Knights exemplify great team unity:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the Sioux Falls O' Gorman Knights AA football team be commended for their excellence in athletics and academics for the 2004-2005 school year.

HC 1006 Introduced by: Representatives Peters, Kroger, Rave, and Roberts and Senators Dempster and Kooistra

A LEGISLATIVE COMMEMORATION, Honoring the 2004 West Central Trojans High School football team, coaches, and staff, on an unprecedented five state championships in a row.

WHEREAS, the 2004 West Central Trojans High School football team won the 11-A State High School Football Championship with a perfect 12-0 record because of outstanding character, dedication, and perseverance; and

WHEREAS, head coach Kent Mueller and a devoted staff provided stellar leadership and support to the members of the team. The students of the West Central football team exhibited a high degree of skill, dedication, and determination in their state championship season, and they and their coaches are to be congratulated on their achievement and their devotion to the great American game of football in achieving their ninth state football championship in West Central High School's history; and

WHEREAS, the students of the 2004 West Central Trojans football team demonstrated enormous spirit, pride, and exemplary leadership on and off the field to focus on their goals which enabled them to complete a successful season to become state champions, to have four members of the team named to the All-State Football Team, and to have two team members named to the Honorable Mention All-State Football Team:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the 2004 West Central Trojans High School football team, coaches, and staff, be recognized for their excellence in athletics for the 2004-2005 school year.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:48 p.m. the House adjourned.

Karen Gerdes, Chief Clerk