House Journal 02/11/2005 1:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 11, 2005

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

The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by House page Ward Wulf.

Roll Call: All members present except Reps. Gillespie and Jensen 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 twenty-third 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.

COMMUNICATIONS AND PETITIONS

February 10, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 10, 2005, I approved House Bill 1061 and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 169 and 221 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1222 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. It is a Class 2 misdemeanor for any parent or guardian to willfully deprive his or her child of necessary food, clothing, or shelter if the parent or guardian is reasonably able to make the necessary provisions and the deprivation harms the child's physical, mental, or emotional health.

Section 2. It is a Class 2 misdemeanor for any parent or guardian to knowingly permit any continuing physical or sexual abuse of his or her child.

Section 3. It is a Class 2 misdemeanor for any parent or guardian to:

(1) Intentionally or recklessly cause or permit his or her child to be placed in a situation likely to substantially harm the child's physical health or cause the child's death; or

(2) Knowingly cause or permit his or her child to be present where any person is manufacturing methamphetamines.

Section 4. It is a defense to prosecution under this Act if, at the time of the offense, there was a reasonable apprehension in the mind of the defendant that acting to stop or to prevent the offense would result in substantial bodily harm to the defendant or the child in retaliation.

Section 5. The code counsel shall codify this Act in a newly created chapter in Title 22 entitled "Offenses Against the Family.""

In the previously adopted amendment (1222re), delete "parent or guardian" wherever the term appears and insert "parent, guardian, or custodian".

In the previously adopted amendment (1222re), delete "Class 2 misdemeanor" wherever the term appears and insert "Class 1 misdemeanor".

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 1249 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 19 of the printed bill, delete " a miscarriage " .

On page 2 , line 20, delete " or abortion, unless the miscarriage or " and insert "an abortion, unless the".

On page 2 , line 21, delete " Class 1 " and insert "Class 6".

On page 2 , line 22, delete " given the exclusive " and insert "recognized by the United States Supreme Court to have the".

On page 2 , line 23, after " regulate " insert "or prohibit".

On page 2 , line 23, after " abortion " insert "at all stages of pregnancy".

On the previously adopted amendment (1249ja), delete the amendment to page 2, line 20 and insert:

On page 2, delete line 20, and insert "an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female,".

On page 2, line 18 of the printed bill, delete " or who advises any pregnant female to take " .

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 1259 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, delete " August 20, 1990 " and insert "August 2, 1990".

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 1260 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 5 to 8 , inclusive, and insert:

(1) Meet with all willing owners of transmission lines in South Dakota and all willing generators and distributors of electricity to consumers in South Dakota by August first each year to understand transmission enhancements needed for the transmission of electricity to, from, and within South Dakota, and to analyze how the authority could proactively assist in developing transmission infrastructure;".

On page 2 , line 12, after " Dakota " insert ". The report due December 1, 2005, shall address and quantify market opportunities for the development, use in-state, and export of South Dakota's enormous wind power resource".

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 1225 and 1246 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1074, 1084, and 1126 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 51, 163, 180, 207, and 209 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 13.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Yesterday, Rep. Glenski announced her intention to reconsider the vote by which HB 1230 lost.

No member moved to reconsider the vote by which HB 1230 lost.

HCR 1010: A CONCURRENT RESOLUTION, Encouraging citizen awareness of umbilical cord blood donation and its opportunities and benefits available to the public.

Rep. Kraus moved that HCR 1010 as found on pages 426 and 427 of the House Journal be adopted.

The question being on Rep. Kraus's motion that HCR 1010 be adopted.

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; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; 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:
Gillespie; Jensen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1010 was adopted.

HCR 1011 Introduced by: Representatives Howie, Boomgarden, Bradford, Brunner, Buckingham, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Haverly, Heineman, Hennies, Hills, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Michels, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Sigdestad, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Vehle, Weems, Wick, and Willadsen and Senators Abdallah, Apa, Bartling, Duenwald, Gant, Greenfield, Hundstad, Kelly, Lintz, McNenny, Moore, Napoli, Olson (Ed), and Smidt

A CONCURRENT RESOLUTION, In support of free religious expression in public schools.

WHEREAS, the United States Supreme Court in Tinker v. Des Moines Independent School District said that students are free to express religious belief or nonbelief in compositions, art forms, music, speech, and debate. Students may verbally express their ideas and distribute literature to other students during noninstructional time if their speech or the distribution of literature is not disruptive to the ordinary operation of the school and does not infringe on the rights of other students; and

WHEREAS, the Fifth Circuit Court of Appeals ruled in Jones v. Clear Creek Independent Schools that school officials may not prevent a graduation speaker, a student, or other person from voluntarily praying; and

WHEREAS, the federal Equal Access Act, upheld by the United States Supreme Court in Board of Education v. Mergens, ensures equal access for student-initiated meetings that are religious, political, or philosophical in nature; and

WHEREAS, the United States Supreme Court decision in Zorach v. Clauson ruled that schools may offer a release time for students to leave the public school facilities for off-site instruction, including religious instruction conducted by nonschool personnel; and

WHEREAS, the Legislature recognizes the free speech rights of students in public school. Students on public school campuses have the right to express their ideas verbally and through the distribution of literature if their speech does not disrupt the ordinary operation of the school; and

WHEREAS, the United States Supreme Court decision in Lamb's Chapel v. Center Moriches Union Free School District said that the use of school facilities before or after the official school day must be offered on an equal and nondiscriminatory basis even if the requester is a religious organization. The Lamb's Chapel decision is reinforced by the Eighth Circuit Court of Appeals decision in Barbara Wigg v. Sioux Falls School District; and

WHEREAS, the Eighth Circuit Court of Appeals held in Florey v. Sioux Falls School District that religious songs and symbols may be used in the public schools if they are presented in a "prudent and objective manner and only as part of the cultural and religious heritage of the holiday." The Florey decision also recognizes that the several holidays throughout the year that have a religious basis may be observed in the public schools, and that the historical and contemporary values and the origin of religious holidays may be explained in an unbiased and objective manner without sectarian indoctrination; and

WHEREAS, the Florey Court also stated that the study and performance of religious songs is constitutional if the purpose is the "advancement of the students' knowledge of society's cultural and religious heritage, as well as the provision of an opportunity for students to perform a full range of music, poetry, and drama that is likely to be of interest to the students and their audience"; and

WHEREAS, the United States Supreme Court in School District of Abington Township v. Schempp said, "It certainly may be said that the Bible is worthy of study for its literary and historic qualities. Nothing we have said here indicates that such study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment."; and

WHEREAS, the United States Supreme Court in Stone v. Graham said, "The Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like."; and

WHEREAS, the Bible was an important book in the early history of this country. It is possible to establish a curriculum that evaluates the role of the Bible in this country and in western civilization that is constitutional. The Bible is also considered to be literature from antiquity. A school board could establish a policy that allows the Bible to be discussed as part of a literature program in the school; and

WHEREAS, SDCL 13-24-17.1 states that the Ten Commandments may be displayed in any public school along with other objects and documents of cultural, legal, or historical significance that have formed and influenced the legal and governmental systems of the United States and the State of South Dakota; and

WHEREAS, Article VI, section 3 of the South Dakota Constitution states, "The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege, or position on account of his religious opinions....":

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges public schools to exercise due diligence to ensure that the freedom of religious expression afforded in state and federal law and supported in numerous judicial decisions is not inhibited.

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Sebert moved that the report of the Conference Committee on SB 13 as found on page 425 of the House Journal be adopted.

The question being on Rep. Sebert's motion that the report of the Conference Committee on SB 13 be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Jensen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on HB 1210 as found on pages 418 and 419 of the House Journal ; also

Taxation on HB 1237 as found on page 419 of the House Journal ; also

Taxation on HB 1240 as found on pages 419 and 420 of the House Journal ; also

Commerce on HB 1175 as found on pages 420 to 422 of the House Journal ; also

Commerce on HB 1248 as found on pages 422 to 424 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 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding medicare supplement policies.

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

SB 163: FOR AN ACT ENTITLED, An Act to authorize certain multiple employer trusts.

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

SB 180: FOR AN ACT ENTITLED, An Act to clarify that a tax may not be abated if a tax certificate is outstanding.

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

SB 207: FOR AN ACT ENTITLED, An Act to revise certain mobile and manufactured home provisions related to taxation, fees, titling, and penalties.

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

SB 209: FOR AN ACT ENTITLED, An Act to revise the number of dentists eligible to participate in the dental tuition reimbursement program.

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1153: FOR AN ACT ENTITLED, An Act to revise certain sales tax provisions related to products and substances associated with the application of pesticides.

Was read the second time.

The question being "Shall HB 1153 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; 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

Nays:
Elliott

Excused:
Gillespie; Jensen

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 105: FOR AN ACT ENTITLED, An Act to revise the procedure for disposing certain surplus property.

Was read the second time.

The question being "Shall SB 105 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Jensen

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 1197: FOR AN ACT ENTITLED, An Act to continue certain restrictions on the use of artificial lights to hunt or locate wild animals.

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

Rep. Hargens moved that HB 1197 be amended as follows:

On page 1, line 10 of the printed bill, delete " guest " and insert "or two guests, any household member of the landowner or occupant, or any person who has the written permission of the landowner or occupant,".

A roll call vote was requested and supported.

The question being on Rep. Hargens' motion that HB 1197 be amended.

And the roll being called:

Yeas 25, Nays 43, Excused 2, Absent 0

Yeas:
Bradford; Brunner; Deadrick; Dennert; Elliott; Gassman; Glenski; Glover; Haley; Halverson; Hargens; Hills; Howie; Hunt; Lange; Miles; Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Norman; Vehle; Wick

Nays:
Boomgarden; Buckingham; Cutler; Davis; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hunhoff; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Weems; Willadsen; Speaker Michels

Excused:
Gillespie; Jensen

So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

The question being "Shall HB 1197 pass?"

And the roll being called:

Yeas 39, Nays 29, Excused 2, Absent 0

Yeas:
Boomgarden; Buckingham; Cutler; Davis; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Hunhoff; Hunt; Jerke; Koistinen; Krebs; Kroger; McLaughlin; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Brunner; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Gassman; Glenski; Glover; Haley; Halverson; Hargens; Howie; Klaudt; Kraus; Lange; McCoy; Miles; Murschel; Rave; Rhoden; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Gillespie; Jensen

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 1239: FOR AN ACT ENTITLED, An Act to revise the method for setting the fees that may be received by a county coroner.

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

The question being "Shall HB 1239 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Jensen

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 1253: FOR AN ACT ENTITLED, An Act to allow for the establishment of a group health insurance plan for political subdivision employees.

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

Rep. Garnos moved that HB 1253 be deferred to Monday, February 14^th, the 25^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1233: FOR AN ACT ENTITLED, An Act to establish a task force to study abortion and to provide for its composition, scope, and administration.

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

The question being "Shall HB 1233 pass?"

And the roll being called:

Yeas 60, Nays 8, Excused 2, Absent 0

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

Nays:
Bradford; Cutler; Elliott; McLaughlin; Murschel; Turbiville; Valandra; Van Norman

Excused:
Gillespie; Jensen

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 1257: FOR AN ACT ENTITLED, An Act to revise the composition of the Board of Pardons and Paroles.

Was read the second time.

The question being "Shall HB 1257 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

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

Nays:
Deadrick; Pederson (Gordon); Sebert

Excused:
Gillespie; Jensen; Schafer

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 1166: FOR AN ACT ENTITLED, An Act to establish certain legislative findings pertaining to the health and rights of women, to revise the physician disclosure requirements to be made to a woman contemplating submitting to an abortion, and to provide for certain causes of action for professional negligence if an abortion is performed without informed consent.

Was read the second time.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being "Shall HB 1166 pass as amended?"

And the roll being called:

Yeas 58, Nays 10, Excused 2, Absent 0

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

Nays:
Bradford; Cutler; Elliott; McLaughlin; Murschel; Roberts; Thompson; Valandra; Van Norman; Vehle

Excused:
Gillespie; Jensen

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 1261: FOR AN ACT ENTITLED, An Act to provide for the refund of the sales and contractor's excise tax for significant capital investment and large job-creation projects.

Was read the second time.

The question being "Shall HB 1261 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Jensen

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 1208: FOR AN ACT ENTITLED, An Act to revise certain dates for appealing property assessments.

Was read the second time.

The question being "Shall HB 1208 pass?"

And the roll being called:

Yeas 23, Nays 45, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Cutler; Davis; Deadrick; Fryslie; Glenski; Hanks; Hargens; Haverly; Hennies; Hunt; Jerke; Koistinen; Kroger; Lange; McCoy; McLaughlin; Novstrup; Pederson (Gordon); Schafer; Tornow; Van Etten

Nays:
Brunner; Buckingham; Dennert; Dykstra; Elliott; Faehn; Frost; Garnos; Gassman; Glover; Hackl; Haley; Halverson; Heineman; Hills; Howie; Hunhoff; Klaudt; Kraus; Krebs; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Gillespie; Jensen

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

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, delete everything after " . " and insert " However, no child with a disability who is receiving alternative instruction pursuant to § 13-27-3 has an individual right to receive any of the special education or special education and related services that the child would receive if enrolled in a public school. Upon request, a school board may allow a resident child in need of special education or special education and related services who is being provided with alternative instruction pursuant to § 13-27-3 to also enroll in a public school within the district to receive special education or special education and related services. If a school board denies such a request, the denying school board shall provide the parents or legal guardian of the child and the secretary of the Department of Education with the reasons for the denial in writing. The secretary may reverse the decision of the denying school board and require the school board to allow the resident child to enroll without recourse of appeal. A parent or legal guardian is not afforded the due process protections in ARSD Article 24:05 when special education or special education and related services by the public school are denied for a child receiving alternative instruction. ".

On page 1 , delete lines 9 to 12 , inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1028, 1053, 1058, and 1215 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1158 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. There is hereby appropriated from the telecommunication fund for the deaf the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, to the Department of Human Services to provide cochlear implants to children who are less than five years of age and who suffer from severe to profound hearing loss.

Section 2. Funds appropriated pursuant to this Act may only be provided to cover:

(1) The costs of providing a cochlear implant to a child who is not covered under a plan of health insurance; or

(2) Any portion of the costs of providing a cochlear implant to a child that is over and above what any plan of health insurance covering the child will pay.

Section 3. The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act, but not lawfully expended or obligated by July 1, 2006, shall revert in accordance with § 4-8-21."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1096 and tabled the same.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1027 which was deferred to the 41^st Legislative Day.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 41, 86, 103, 129, 208, 12, 37, 73, 96, and 134 be deferred to Monday, February 14^th, the 25^th 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 HB 1078 was delivered to his Excellency, the Governor, for his approval at 2:30 p.m., February 11, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1074, 1084, and 1126 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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

HB 1084: FOR AN ACT ENTITLED, An Act to revise the circumstances for when special elections for home rule charters shall be called.

HB 1126: FOR AN ACT ENTITLED, An Act to remove certain restrictions that apply to the unexpended balances of the unemployment insurance compensation fund established by political subdivisions.

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.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1018 Introduced by: Representatives Gassman and Lange and Senators Sutton (Dan) and Kloucek

A LEGISLATIVE COMMEMORATION, Honoring the Howard High School football team, coaches and staff as the 2004-2005 Class 11-B State Football Champions.

WHEREAS, the Howard High School football team, coached by Chad Stadem, Justin Palmquist, Matt Lueders, and Troy Loudenburg, demonstrated excellence in leadership, character, dedication, performance, and perseverance by completing an excellent 12-1 record and earning the state championship title; and

WHEREAS, the Howard High School football team had great unity from all the players: Austin Vanhove, Keith Feldhaus, Dustin Wingen, Curt Carlson, Grant Olson, Garrett Gassman, Lincoln Gassman, Johnathon Noonan, Kyle Karstens, Matt Miller, Ben Moore, Skyler Hoyer, Jared Donahue, Jeremiah Janusiak, Ethen Hegdahl, Jared Hegdahl, Noah Ruml, CJ Wunder, Greg Kuhle, Doug Carlson, Jared Mengenhausen, Dustin Dornbusch, Randy Burghardt, Austin Genzlinger, Eric Jacobson, Austin Werkmeister, Gabe Gassman, Tony Keupp, Josh Schuller, Aaron Callies, Wyatt Stangohr, Sam Gosmire, Seth Dawson, Logan Calmus, Wil Hughes, Andy Stangohr, Jeremy Torkelson, and Michael Krempges; and

WHEREAS, the students of the Howard High School football team exhibited a high degree of skill, athleticism, 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 the 2004-2005 Class 11-B State Football Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the Howard High School football team, coaches, and staff be commended 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 2:50 p.m. the House adjourned.

Karen Gerdes, Chief Clerk