House Journal 02/07/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 7, 2005

The House convened at 2:00 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 Kristina Bak.

Roll Call: All members present except Reps. Heineman, Hennies, and Nelson 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 nineteenth 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:

Kristina Bak, Amber Bolie, Krystal Brunner, Samantha Engebretson, Merrick Fisher, Emily Haggerty, Tanner Hewitt, Helen Konechne, Andrea Lucas, Jenna Lucas, Molly O'Connor, Cody Rhoden, Chelsea Tobin, Ward Wulf

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 Health and Human Services respectfully reports that it has had under consideration SB 57 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 41 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 1 of the Senate Health and Human Services Committee engrossed bill, after " any " insert " certified ".

And that as so amended said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1194 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. That chapter 35-2 be amended by adding thereto a NEW SECTION to read as follows:

Any enforcement entity that conducts compliance checks using underaged informants to determine if a licensee will sell an alcoholic beverage to a person under the age of twenty-one must inform the licensee in writing of the results of any such compliance check within forty- eight hours after the compliance check takes place.

Section 2. That § 35-2-10.1 be amended to read as follows:

35-2-10.1. No retail license may be revoked or suspended because of a violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years if the violation was committed by an employee or agent of the licensee and the licensee has not had more than two violations of any statute, ordinance, rule, or regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of twenty-one years on the premises where the violation occurred in the previous twenty-four months.

If the licensee meets the requirements of the conditions provided by this section, the secretary shall impose a civil penalty of five hundred dollars for a first violation and one thousand dollars for a second violation. However, if the employee or agent has not been certified by a nationally recognized training program approved by the Department of Revenue that provides instruction on techniques to prevent persons under the age of twenty-one years from purchasing or consuming alcoholic beverages, the secretary shall impose a civil penalty of one thousand dollars for a first violation and two thousand dollars for a second violation.

A violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person under the age of twenty-one years occurring within forty-eight hours of commencement of a compliance check as provided in section 1 of this Act shall be considered to be a first violation for purposes of this section. However, at no time may more than one underaged informant be used in any compliance check in any forty-eight hour period.

A licensee may request an administrative hearing pursuant to chapter 1-26 to contest the imposition of a civil penalty. "

On the previously adopted amendment (1194rb) in section 2, after " However, " insert " except for purposes of corroboration, ".

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 1134 and 1135 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1230 and SB 74 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 92 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 Transportation respectfully reports that it has had under consideration HB 1202 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 12 of the printed bill, before " weather " delete " or " .

On page 1 , line 12, delete " except for damage caused by hail, " .

On page 2 , line 23, delete " However, the term does not include any " .

On page 2 , delete line 24 .

On page 3 , line 4, after " salvage " insert " or with any other similar brand ".

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 1206 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1189 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 State Affairs respectfully reports that it has had under consideration HB 1190 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " by the " .

On page 1 , line 7, delete " person's state of residence " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 7 of the printed bill, delete " and " .

On page 2 , line 9, after " pistol " insert:

"; and

(6) The secretary of state for the issuance of concealed pistol permits pursuant to chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually".

On page 2 , after line 15, insert:

"
Section 4. The provisions of this Act do not restrict any law enforcement officer in the performance of any official duty if the law enforcement officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder.

Section 5. The provisions of this Act do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertinent to a specific ongoing investigation or prosecution. ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1212 and returns the same with the recommendation that said bill be amended as follows:

On page 15, line 9 of the printed bill, delete " fifty " and insert " twenty-five ".

On page 15 , line 23, delete " seventy-five " and insert " twenty-five ".

On page 39, after line 14 of the printed bill, insert:

"
Section 79. The effective date of sections 11 and 13 of this Act is December 30, 2006.

Section 80. The effective date of sections 31, 33, and 35 of this Act is September 30, 2006.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1217 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 121, 125, 152, 154, 187, 188, and 210 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 reports of the Standing Committees on

Judiciary on HB 1148 as found on page 348 of the House Journal ; also

Judiciary on HB 1178 as found on page 348 of the House Journal ; also

State Affairs on HB 1234 as found on page 349 of the House Journal ; also

Transportation on HB 1201 as found on page 354 of the House Journal ; also

Transportation on HB 1243 as found on page 354 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 121: FOR AN ACT ENTITLED, An Act to revise the authority of the Public Utilities Commission to approve the sale or transfer of telecommunications exchanges and to revise the provisions concerning the obligation of telecommunications companies to report consolidations, mergers, and changes to control.

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

SB 125: FOR AN ACT ENTITLED, An Act to exempt transfers of funds from certain municipal revenue producing ventures from the calculation of the general fund balance of school districts.

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

SB 152: FOR AN ACT ENTITLED, An Act to provide the secretary of agriculture with certain rule-making powers to regulate seed.

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

SB 154: FOR AN ACT ENTITLED, An Act to exempt certain entities from the lending license fees and surety bond requirements.

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

SB 187: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons.

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

SB 188: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2005 for education enhancement.

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

SB 210: FOR AN ACT ENTITLED, An Act to revise the conditions under which the state may enter into gaming compacts with Indian tribes.

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 1242: FOR AN ACT ENTITLED, An Act to prohibit the manufacture and distribution of counterfeit driver licenses and nondriver identification cards.

Was read the second time.

The question being "Shall HB 1242 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; 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:
Heineman; Hennies; Nelson

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

Speaker Pro tempore Deadrick now presiding.

HB 1095: FOR AN ACT ENTITLED, An Act to provide for a drug screening program for certain facilities providing patient or resident care or supervision.

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

Rep. Michels moved that HB 1095 be amended as follows:

On page 3, line 19 of the House Health and Human Services Committee engrossed bill, delete everything after " employee. " .

On page 3 , delete line 20 .

Which motion prevailed and HB 1095 was so amended.

The question being "Shall HB 1095 pass as amended?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McLaughlin; Miles; Murschel; 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

Nays:
Buckingham; Elliott; Frost; McCoy

Excused:
Heineman; Hennies; Nelson

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 Michels now presiding.

HONORED GUESTS

Rep. Rounds introduced Jaron and Mariel Squires and their parents, Bill and Marietta Squires from Pierre, South Dakota, as the 2004-2005 Easter Seals South Dakota Family of the Year.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1159: FOR AN ACT ENTITLED, An Act to allow intrastate shipment of wine to consumers by farm wineries.

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

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being "Shall HB 1159 pass?"

And the roll being called:

Yeas 32, Nays 35, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Dennert; Dykstra; Garnos; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Hills; Howie; Klaudt; Kraus; Krebs; Kroger; Lange; McLaughlin; Murschel; Novstrup; O'Brien; Roberts; Schafer; Sigdestad; Street; Tidemann; Valandra; Van Norman

Nays:
Cutler; Deadrick; Elliott; Faehn; Frost; Fryslie; Gassman; Gillespie; Hanks; Haverly; Hunhoff; Hunt; Jensen; Jerke; Koistinen; McCoy; Miles; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sebert; Thompson; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Heineman; Hennies; Nelson

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

HB 1205: FOR AN ACT ENTITLED, An Act to designate fry bread as the official bread of South Dakota.

Was read the second time.

The question being "Shall HB 1205 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

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

Nays:
Hackl; Koistinen; Tornow

Excused:
Heineman; Hennies; Nelson

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 1229: FOR AN ACT ENTITLED, An Act to require standards for certain family day care providers.

Was read the second time.

Rep. Haverly moved that HB 1229 be deferred to Tuesday, February 8^th, the 21^st legislative day.

Which motion prevailed and the bill was so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 40: FOR AN ACT ENTITLED, An Act to establish minimum fire safety standards for specialty resorts.

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

The question being "Shall SB 40 pass as amended?"

And the roll being called:

Yeas 61, Nays 6, Excused 3, Absent 0

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

Nays:
Buckingham; Elliott; Hackl; Hargens; Rausch; Tornow

Excused:
Heineman; Hennies; Nelson

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 38: FOR AN ACT ENTITLED, An Act to continue the moratorium on new nursing facility beds.

Was read the second time.

The question being "Shall SB 38 pass?"

And the roll being called:

Yeas 48, Nays 19, Excused 3, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gillespie; Glover; Hackl; Hanks; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Miles; Murschel; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Glenski; Haley; Halverson; Hargens; Haverly; Klaudt; Kroger; Lange; O'Brien; Schafer; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Heineman; Hennies; Nelson

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 56: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to preadmission assessment for admission to nursing facilities.

Was read the second time.

The question being "Shall SB 56 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Heineman; Hennies; Nelson

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 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 second time.

The question being "Shall SB 84 pass?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, 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; Hills; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; 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

Nays:
Hunt

Excused:
Heineman; Hennies; Nelson

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 55: FOR AN ACT ENTITLED, An Act to provide for a preference for placement of abused and neglected children with relatives and to provide a hearing for review of adoptive placement decisions.

Was read the second time.

Rep. McCoy moved that SB 55 be deferred to Tuesday, February 8^th, the 21^st legislative day.

Which motion prevailed and the bill was so deferred.

SB 70: FOR AN ACT ENTITLED, An Act to enact the South Dakota Business Corporation Act, to repeal certain chapters relating to corporations, and to revise certain related provisions.

Was read the second time.

The question being "Shall SB 70 pass as amended?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, 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; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Pederson (Gordon)

Excused:
Heineman; Hennies; Nelson; 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.

SIGNING OF BILLS

The Speaker publicly read the title to

SB 42: FOR AN ACT ENTITLED, An Act to revise the areas where the Game, Fish and Parks Commission may require a park license.

SB 89: FOR AN ACT ENTITLED, An Act to revise certain supervision requirements regarding the delegation of procedures to dental hygienists.

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:38 p.m. the House adjourned.

Karen Gerdes, Chief Clerk