JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



THIRTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 28, 2005

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

     The prayer was offered by the Chaplain, Shirley Sandberg, followed by the Pledge of Allegiance led by House page Shane Grimme.

     Roll Call: All members present except Reps. Deadrick and Elliott 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 twelfth 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 Health and Human Services respectfully reports that it has had under consideration HB 1089 and returns the same with the recommendation that said bill be amended as follows:

1089ja
     On page 1, line 6 of the printed bill, delete " manipulation " and insert "mobilization".

     On page 1 , line 6, delete " connective " and insert "soft".

     On page 1 , line 9, delete " joint " .

     On page 1 , delete lines 10 and 11 , and insert "or stretching;".

     On page 1 , line 13, delete " electrical or mechanical " .

     On page 2 , line 9, after " consecutive " insert "full".

     On page 2 , line 9, delete " , or any portion thereof, " .

     On page 2 , line 9, after " board. " insert "The appointment to an unexpired term is not considered a full term.".

     On page 3 , line 15, after " the " insert "nonrefundable application".

     On page 4 , line 8, delete " Any " and insert "For the purposes of this Act, any".

     On page 4 , line 14, delete " gross " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1062 and 1109 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1104 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill be amended as follows:

1080rb
     On page 1, line 11 of the printed bill, after " agency " insert " either ".

     On page 1 , line 12, after " address " insert " , or both, ".

     On page 1 , line 12, after " contacted. " insert " The law enforcement agency is immune from civil and criminal liability if the agency makes a good faith attempt to notify the petitioner in a manner consistent with the provisions of this section. ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill be amended as follows:

1106ra
     On page 1, line 6 of the printed bill, delete everything after " psychiatrist " and insert " or licensed psychologist, ".

     On page 1 , delete line 7 .

     On page 1 , line 8, delete " Evaluators " .

     On page 2 , line 2, delete everything after " psychiatrist " and insert " or licensed psychologist, ".

     On page 2 , delete line 3 , and insert "of his the defendant's own".

     On page 2 , line 7, delete everything after " psychiatrist " and insert " or licensed psychologist, ".

     On page 2 , delete line 8 , and insert "who examines an".

     On page 2 , line 13, delete everything after " psychiatrist " and insert " or licensed psychologist, ".
     On page 2 , delete line 14 , and insert "and the court".

     On page 2 , line 20, delete everything after " psychiatrist " and insert " or licensed psychologist ".

     On page 2 , delete line 21 , and insert ", shall".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1117 and returns the same with the recommendation that said bill be amended as follows:

1117ra
     On page 2, line 22 of the printed bill, delete " The judge " .

     On page 2 , delete line 23 .

     On page 2 , line 24, delete " of the repayment costs. " .

1117rb
     On page 2, line 19 of the printed bill, after " repayment of " insert " any ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1116 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1099 and 1108 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1007 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 24, 26, 37, 39, 66, 79, 83, and 84 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on HB 1101 as found on page 192 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1205   Introduced by:  Representatives Valandra, Elliott, Garnos, Halverson, Hargens, Kroger, Putnam, Rounds, and Van Norman and Senators Two Bulls, Abdallah, Adelstein, Bogue, Hanson (Gary), Koetzle, Lintz, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   designate fry bread as the official bread of South Dakota.

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

     HB 1206   Introduced by:  Representatives Valandra, Bradford, Garnos, Haley, Halverson, Putnam, and Van Norman and Senators Two Bulls, Adelstein, Bartling, Kloucek, Kooistra, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the issuance of noncommercial motor vehicle license plates.

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


     HB 1207   Introduced by:  Representatives McLaughlin, Dennert, Elliott, Fryslie, Garnos, Hennies, Hills, Nelson, Roberts, Schafer, Thompson, and Van Etten and Senators Adelstein, Abdallah, Duniphan, Knudson, Kooistra, Nesselhuf, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   increase the school term and to compensate school districts for the increase.

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

     HB 1208   Introduced by:  Representatives McCoy, Hanks, and Kroger and Senators Gray, Duniphan, and Napoli

       FOR AN ACT ENTITLED, An Act to   revise certain dates for appealing property assessments.

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

     HB 1209   Introduced by:  Representatives Novstrup, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Glover, Hackl, Haley, Halverson, Hargens, Heineman, Hills, Howie, Hunhoff, Jensen, Jerke, Klaudt, Kraus, Krebs, McCoy, McLaughlin, Miles, Nelson, O'Brien, Pederson (Gordon), Peters, Putnam, Rave, Rhoden, Rounds, Schafer, Sigdestad, Street, Thompson, Tidemann, Turbiville, Valandra, Vehle, Weems, and Willadsen and Senators Abdallah, Bartling, Bogue, Broderick, Duenwald, Duniphan, Hanson (Gary), Hundstad, Kelly, Knudson, Koskan, Lintz, McCracken, McNenny, Peterson (Jim), Sutton (Dan), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   provide for limited confidentiality of certain firearms information.

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

     HB 1210   Introduced by:  Representatives Davis, Brunner, Dykstra, Hargens, Jensen, Novstrup, and Weems and Senators Hansen (Tom), Duenwald, Hundstad, Lintz, McNenny, Peterson (Jim), and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   exempt certain contract services from sales and use taxes.

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

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 24:   FOR AN ACT ENTITLED, An Act to   condition certification of nonparticipating manufacturers selling tobacco products upon provision of consent to be sued in state courts for enforcement of tobacco statutes.

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

     SB 26:   FOR AN ACT ENTITLED, An Act to   provide monetary penalties for failure of tobacco distributors and wholesalers to comply with certain cigarette regulations.

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

     SB 37:   FOR AN ACT ENTITLED, An Act to   to reauthorize a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

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

     SB 39:   FOR AN ACT ENTITLED, An Act to   repeal the requirement for tuberculosis screening for school students and employees.

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

     SB 66:   FOR AN ACT ENTITLED, An Act to   provide certain options to school boards in reorganization, to increase the percentage of voters necessary to petition for school district reorganization, and to declare an emergency.

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

     SB 79:   FOR AN ACT ENTITLED, An Act to   update certain provisions regarding the definition of impairment for workers' compensation purposes.

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

     SB 83:   FOR AN ACT ENTITLED, An Act to   revise the seller's property condition disclosure statement.

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

     SB 84:   FOR AN ACT ENTITLED, An Act to   revise the definition of victims who may address the court before sentencing is imposed.

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

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

HONORED GUESTS


     Speaker Michels introduced the Honorable Stephanie Herseth, United States Representative from South Dakota, who spoke briefly.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 13:   FOR AN ACT ENTITLED, An Act to   create certain provisions regarding transfers of experience rating accounts and assignment of unemployment insurance tax rates.

     Was read the second time.

     Rep. Hunt requested that SB 13 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 30:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding creditable health insurance coverage.

     Was read the second time.

     The question being "Shall SB 30 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Deadrick; Elliott; Putnam

     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 49:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding payments or assignments by insurance producers for referrals.

     Was read the second time.

     The question being "Shall SB 49 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Deadrick; Elliott; Putnam

     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 1:   FOR AN ACT ENTITLED, An Act to   revise the method used to determine the capacity of land to produce agricultural products.

     Was read the second time.

     The question being "Shall SB 1 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; 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

     Excused:
Deadrick; Elliott

     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 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 second time.

     The question being "Shall SB 22 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; 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

     Excused:
Deadrick; Elliott

     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 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 second time.

     The question being "Shall SB 47 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; 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

     Excused:
Deadrick; Elliott

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

     Was read the second time.

     The question being "Shall SB 7 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; 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

     Excused:
Deadrick; Elliott

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

     Was read the second time.

     Rep. Van Norman requested that SB 8 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that HB 1084, 1049, 1105, 1100, and 1093 be deferred to Monday, January 31st, the 14th legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1007 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

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

     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.

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

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

     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.

     SB 20: FOR AN ACT ENTITLED, An Act to  prohibit a mobile telecommunications service provider from including a subscriber's telephone number in a wireless directory assistance service database without the subscriber's authorization.

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

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

     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.

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

     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.

     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.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:31 p.m. the House adjourned.

Karen Gerdes, Chief Clerk