House Journal 02/15/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 15, 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 pages Andrea Lucas and Jenna Lucas.

Roll Call: All members present.

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-fifth 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 14, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 14, 2005, I approved House Bill 1078 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1244 and 1252 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1103, 1182, 1187, and 1250 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill be amended as follows:

1141fa

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

" Section 1. That § 10-6-74 be amended to read as follows:

10-6-74. Any real property which sells for more than one hundred ~~fifty~~ sixty percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 2. For taxes payable in 2007, the levy for the general fund of a school district, as provided in § 10-12-42, shall be lowered by:

(1) Eleven cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section, owner-occupied property as provided for in subdivision (3) of this section, and nonagricultural acreage property as provided for in subdivision (4) of this section;

(2) Three cents per thousand dollars of taxable valuation for agricultural property;

(3) Five cents per thousand dollars of taxable valuation for an owner-occupied single-family dwelling as defined in § 10-13-40; and

(4) Three cents per thousand dollars of taxable valuation for nonagricultural acreage property.

This rate reduction is in addition to any other adjustment made by the Eighty-first Legislature of the State of South Dakota to the levy for the general fund of a school district as provided in § 10-12-42.

Section 3. That § 10-6-74 be amended to read as follows:

10-6-74. Any real property which sells for more than ~~one hundred fifty~~ one hundred seventy- five percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 4. That § 10-6-74 be amended to read as follows:

10-6-74. Any real property which sells for more than ~~one hundred fifty~~ one hundred ninety percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 5. That § 10-6-74 be amended to read as follows:

10-6-74. Any real property which sells for more than ~~one hundred fifty~~ two hundred ten percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 6. That § 10-6-74 be repealed.

10-6-74. Any real property which sells for more than one hundred fifty percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 7. Section 3 of this Act is effective on July 1, 2007.

Section 8. Section 4 of this Act is effective on July 1, 2009.

Section 9. Section 5 of this Act is effective on July 1, 2011.

Section 10. Section 6 of this Act is effective on July 1, 2012."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1180 and returns the same with the recommendation that said bill be amended as follows:

1180fd

On page 3, line 14 of the printed bill, delete " or on rented hotel and motel rooms and units " and insert " or based on rooms rented by any lodging establishment to transient guests as defined in § 10-45-7. If the occupational tax is based on rooms rented by a lodging establishment, the tax shall be imposed on the transient guest and such tax may not exceed two dollars per occupied room per night. However, no occupational tax may be imposed on any transient guest who has been offered a room by a lodging establishment on a complimentary basis and no fee or rent was charged for such room ".

On page 3 , delete line 15.

On page 3 , line 16, delete " may not exceed two dollars per occupied room per night. " .

On page 5 , delete lines 10 to 17 , inclusive.

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

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1236 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1118 and SB 48 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 Commerce respectfully reports that it has had under consideration HB 1218 and returns the same with the recommendation that said bill be amended as follows:

1218ja

On page 3, line 17 of the printed bill, delete everything after " schedule " and insert " , allowable fee, or other information that could apply to services furnished by such participating provider. ".

On page 3 , line 18, delete everything before " For " .

On page 3 , line 19, delete " expected " .

On page 3 , line 20, after " compensation " insert " that may be ".

On page 3 , line 21, after " by the " insert " participating ".

On page 3 , line 22, delete " amount " and insert " coinsurance, copayments, and deductibles ".

On page 3 , line 23, after " the " insert " benefit ".

On page 3 , line 23, after " contract. " insert " Disclosure of this information does not constitute a guarantee of payment under the terms of the applicable benefit contract. ".

On page 4 , line 2, after " information " insert " . A health carrier is only obligated to honor two such requests made annually by such participating provider ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1256 and tabled the same.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1004 and returns the same with the recommendation that said bill be amended as follows:

1004ma

On page 1, line 6 of the printed bill, delete everything after " , " and insert "upon request, a condition statement for any fund that receives funding from the federal government.".

On page 1 , delete lines 7 to 10 , inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1005 and returns the same with the recommendation that said bill be amended as follows:

1005ma

On page 1, line 10 of the printed bill, after " accumulated " insert "in each fund over two hundred fifty thousand dollars as of June thirtieth".

On page 1 , delete lines 13 to 15 , inclusive.

On page 2 , delete line 1 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1006 and tabled the same.

Respectfully submitted,
Ted A. Klaudt, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 151 and 171 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 150 and returns the same with the recommendation that said bill be amended as follows:

150fb

On page 1 of the printed bill, delete line 6 , and insert "or trustee from serving in any other volunteer, unsalaried municipal position or providing any ".

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

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 136 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas Hennies, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1013, 1014, 1015, 1016, and 1017 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1009 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 43, 119, 144, 170, 179, 214, and 217 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 5 and 6 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HCR 1012: A CONCURRENT RESOLUTION, Urging Congress to close the School of the Americas at Fort Benning, Georgia.

Rep. Lange moved that HCR 1012 as found on pages 462 and 463 of the House Journal be adopted.

The question being on Rep. Lange's motion that HCR 1012 be adopted.

And the roll being called:

Yeas 17, Nays 52, Excused 1, Absent 0

Yeas:
Bradford; Elliott; Gassman; Gillespie; Glenski; Haley; Halverson; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

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

Excused:
Putnam

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

SCR 5: A CONCURRENT RESOLUTION, Urging the members of the South Dakota Congressional delegation to sponsor and support the Streamlined Sales and Use Tax Act.

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

SCR 6: A CONCURRENT RESOLUTION, Urging the development of hydrogen as an energy source and for other purposes.

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 SB 97 as found on page 459 of the House Journal ; also

Appropriations on HB 1024 as found on pages 459 and 460 of the House Journal ; also

Appropriations on HB 1025 as found on page 460 of the House Journal ; also

Appropriations on HB 1051 as found on page 460 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 43: FOR AN ACT ENTITLED, An Act to revise the South Dakota criminal code.

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

SB 119: FOR AN ACT ENTITLED, An Act to authorize the transfer of a motor vehicle title to satisfy an unpaid motor vehicle repair bill under certain conditions.

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

SB 144: FOR AN ACT ENTITLED, An Act to limit the personal liability of persons in professional corporations and limited liability companies.

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

SB 170: FOR AN ACT ENTITLED, An Act to revise the index factor for determining the per student allocation for school districts.

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

SB 179: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of occupational therapy.

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

SB 214: FOR AN ACT ENTITLED, An Act to provide taxation benefits for certain soybean and biodiesel facilities.

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

SB 217: FOR AN ACT ENTITLED, An Act to revise certain cross references in the code with regard to the implementation of the South Dakota Business Corporation Act.

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.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 146: FOR AN ACT ENTITLED, An Act to to limit the time for bringing actions against certain professional corporations and professional practitioners.

Was read the second time.

The question being "Shall SB 146 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, 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; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

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 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.

1253jb

Rep. Garnos moved that HB 1253 be amended as follows:

On the House Local Government Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. The Bureau of Personnel shall conduct a study regarding the establishment of a group health insurance plan by the bureau for employees of the various political subdivisions of the state. The study shall ascertain the following:

(1) The interest and the potential participation level by the political subdivisions;

(2) The administrative and other costs of such a plan;

(3) The level of staffing needed by the bureau to operate such a plan;

(4) The terms and conditions for participation in the plan by the political subdivisions and their employees;

(5) The method for allocating the costs of the plan to the political subdivisions;

(6) The method for implementation of such a plan in the event it is adopted;

(7) The potential cost savings, if any, which could result for the political subdivisions and the state;

(8) Any other information needed to allow for an informed decision regarding such plan by the Legislature.

The bureau shall report to the Executive Board of the Legislative Research Council during the 2005 interim and provide a written report to the Legislature by December 1, 2005."

A roll call vote was requested and supported.

The question being on Rep. Garnos's motion that HB 1253 be amended.

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; 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

Nays:
Frost

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1253 was so amended.

The question being "Shall HB 1253 pass as amended?"

And the roll being called:

Yeas 59, Nays 11, Excused 0, Absent 0

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

Nays:
Brunner; Frost; Hackl; Hanks; Haverly; Hunhoff; Kraus; Peters; Rausch; Rave; Van Etten

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Garnos moved that the title to HB 1253 be amended as follows:

On page 1, line 1 of the House Local Government Committee engrossed bill, delete " allow for " and insert "study".

Which motion prevailed and the title was so amended.

HB 1222: FOR AN ACT ENTITLED, An Act to establish child neglect and endangerment as criminal offenses and to provide penalties therefor.

Was read the second time.

Rep. O'Brien moved that HB 1222 be deferred to Wednesday, February 16^th, the 27^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1249: FOR AN ACT ENTITLED, An Act to prohibit the performance of abortions, except to save the life of the mother, and to provide a penalty therefor and to provide for a delayed effective date.

Was read the second time.

1249fa

Rep. O'Brien moved that HB 1249 be amended as follows:

On page 2, line 20 of the House State Affairs Committee engrossed bill, after " life " insert "or health".

A roll call vote was requested and supported.

The question being on Rep. O'Brien's motion that HB 1249 be amended.

And the roll being called:

Yeas 25, Nays 45, Excused 0, Absent 0

Yeas:
Bradford; Cutler; Dennert; Elliott; Fryslie; Gassman; Glover; Haley; Halverson; Hargens; Haverly; Hills; Kroger; McLaughlin; Murschel; O'Brien; Roberts; Sigdestad; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Speaker Michels

Nays:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Gillespie; Glenski; Hackl; Hanks; Heineman; Hennies; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Street; Tornow; Van Etten; Weems; Wick; Willadsen

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

1249ca

Rep. Murschel moved that HB 1249 be amended as follows:

On page 2, line 21 of the House State Affairs Committee engrossed bill, after " female " insert "or unless the female's pregnancy is the result of rape or incest".

A roll call vote was requested and supported.

The question being on Rep. Murschel's motion that HB 1249 be amended.

And the roll being called:

Yeas 24, Nays 46, Excused 0, Absent 0

Yeas:
Bradford; Cutler; Dennert; Elliott; Gassman; Glover; Haley; Halverson; Hargens; Hennies; Hills; Kroger; McLaughlin; Murschel; O'Brien; Roberts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle

Nays:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Hackl; Hanks; Haverly; Heineman; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tornow; Van Etten; Weems; Wick; Willadsen; Speaker Michels

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 1249 pass as amended?"

And the roll being called:

Yeas 54, Nays 16, Excused 0, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; 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; Street; Tidemann; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Cutler; Dennert; Elliott; Glover; Haley; Halverson; Hennies; McLaughlin; Murschel; Roberts; Sigdestad; Thompson; Valandra; Van Norman; Vehle

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 1259: FOR AN ACT ENTITLED, An Act to reestablish eligibility for certain veterans to qualify for the veterans' bonus program and to declare an emergency.

Was read the second time.

The question being "Shall HB 1259 pass as amended?"

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; 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:
Hackl

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

HB 1260: FOR AN ACT ENTITLED, An Act to create the South Dakota Electric Transmission Assistance Authority.

Was read the second time.

The question being "Shall HB 1260 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 1127: FOR AN ACT ENTITLED, An Act to authorize the provision of special education and related services to certain alternative instruction students.

Was read the second time.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being "Shall HB 1127 pass as amended?"

And the roll being called:

Yeas 38, Nays 32, Excused 0, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Fryslie; Garnos; Glenski; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Jensen; Jerke; Klaudt; Koistinen; Kraus; McCoy; Novstrup; O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Tidemann; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen

Nays:
Bradford; Dennert; Elliott; Faehn; Frost; Gassman; Gillespie; Glover; Haley; Halverson; Hargens; Hennies; Hunhoff; Hunt; Krebs; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; Olson (Ryan); Putnam; Roberts; Sebert; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Norman; Speaker Michels

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 1158: FOR AN ACT ENTITLED, An Act to appropriate funds to provide cochlear implants to certain children.

Was read the second time.

Rep. Dennert moved that HB 1158 be deferred to Wednesday, February 16^th, the 27^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1082: FOR AN ACT ENTITLED, An Act to appropriate money for postsecondary technical education enhancement.

Was read the second time.

The question being "Shall HB 1082 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; 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:
Nelson

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.

HB 1214: FOR AN ACT ENTITLED, An Act to make an appropriation to fund sales tax on food refunds.

Was read the second time.

The question being "Shall HB 1214 pass?"

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

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

Nays:
Davis

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.

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 1241 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1073, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1073cc

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

"
Section 1. That § 13-6-92 be amended to read as follows:

13-6-92. If two or more school districts consolidate after July 1, 2001 and before July 1, 2008 , the new school district is entitled to an additional three hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2001 and before July 1, 2008 , the new school district is entitled to an additional two hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 and before July 1, 2008 , the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or partial school district as it existed prior to consolidation for the third year after consolidation.

Section 2. That § 13-6-92 be amended to read as follows:

     13-6-92. If two or more school districts consolidate after July 1, ~~2001~~ 2008 , the new school district is entitled to an additional ~~three~~ two hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, ~~2001~~ 2008 , the new school district is entitled to an additional ~~two~~ one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001, the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or partial school district as it existed prior to consolidation for the third year after consolidation.

     Section 3. Section 2 of this Act is effective on July 1, 2008."

1073cta

On page 1, line 1 of the printed bill, delete everything after " to " and insert "decrease the financial incentives for school districts that consolidate after July 1, 2008.".

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1140 and returns the same with the recommendation that said bill be amended as follows:

1140ca

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

"
Section 1. The calculation of state aid to education as defined in § 13-13-10.1 shall be amended as follows:

(1) Revise the index factor to more accurately reflect current economic conditions;

(2) Revise the definition of average daily membership to include a sparsity factor;

(3) Base state aid calculations on the data from the current school year rather than the previous school year;

(4) Set a minimum average daily membership that a school district must maintain in order to be eligible to receive state aid to education; and

(5) Distribute certain other revenues to school districts without regard to where the revenues were collected.

The revisions to the formula outlined in this Act shall be implemented on a multi-year basis, and they may not result in a higher percentage of statewide local effort."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill be amended as follows:

1149ca

On page 2, line 22 of the printed bill, delete everything after " . " .

On page 2 , delete lines 23 and 24 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1170 and returns the same with the recommendation that said bill be amended as follows:

1170cd

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

"
Section 1. Terms in this Act mean:

(1) "Distance learning," the technology and educational process used to provide instruction when the student and primary instructor are not physically present at the same time or place;

(2) "Distance learning provider," a school or organization that provides distance learning courses.

Section 2. No distance learning provider may provide courses through distance learning to any student in an accredited elementary or secondary school in this state unless the distance learning provider has a certificate issued by the secretary of the Department of Education authorizing the distance learning provider to provide the courses.

Section 3. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the requirements and criteria that an applying entity must meet in order to be issued a distance learning provider's certificate by the secretary of the Department of Education authorizing the entity to provide courses through distance learning. The rules shall specify the duration and the method of renewal, the amount of the fee, not to exceed one hundred dollars, for issuing the certificate, the application procedures for certificates, the requirements for certification, and other procedures necessary for the administration of distance learning provider certification.

Section 4. The board shall also promulgate rules pursuant to chapter 1-26 establishing priorities and eligibility for distance learning courses."

1170ctc

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "provide for the certification of distance learning providers and to authorize the Board of Education to promulgate rules relating to distance learning courses.".

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1251 and tabled the same.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1125 and 1231 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 41, 86, 103, 129, 208, 12, 37, 73, 96, 134, 169, 221, 209, 45, and 61 be deferred to Wednesday, February 16^th, the 27^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 the Office of Engrossing and Enrolling has carefully compared HB 1013, 1014, 1015, 1016, and 1017 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1013: FOR AN ACT ENTITLED, An Act to provide for the recodification of certain sections of South Dakota Retirement System law.

HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Retirement System special pay plan.

HB 1015: FOR AN ACT ENTITLED, An Act to extend the period of time that members of the South Dakota Retirement System who were mobilized into certain federal military service may acquire credited service at a prior cost.

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the benefits available to certain South Dakota Retirement System members who retired and later reentered active status.

HB 1017: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the types of service necessary for certain South Dakota Retirement System benefits.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1020 Introduced by: Representatives Nelson, Bradford, Brunner, Buckingham, Elliott, Faehn, Fryslie, Howie, Koistinen, McLaughlin, Pederson (Gordon), Rounds, Schafer, Sigdestad, and Turbiville and Senators Greenfield and Schoenbeck

A LEGISLATIVE COMMEMORATION, Honoring the 2004 Arlington High School Football Team and the students and staff involved in the football program as 2004 Class 9AA State High School Football Champions.

WHEREAS, the 2004 Arlington High School Football Team went undefeated (12-0), won the Dakota Valley Conference, and won the South Dakota Class 9AA State High School Football Championship by dedication, true sportsmanship, commitment, and perseverance; and

WHEREAS, the Arlington High School Football Team was recognized as the 2004 High School Team of the Year by the South Dakota Sports Writers; and

WHEREAS, Arlington's high school football coach, Mr. Steve Gilbertson, was named the "Coach of the Year" by the South Dakota Sports Writers:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the Arlington High School Football Team be commended for their excellence in athletics and academics for the 2004-2005 school year.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:15 p.m. the House adjourned.

Karen Gerdes, Chief Clerk