JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



THIRTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Saturday, February 19, 2005

     The House convened at 10:00 a.m., pursuant to adjournment, the Speaker Pro tempore presiding.

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

     Roll Call: All members present except Reps. Gassman and Sigdestad 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-ninth 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.
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1054, 1057, 1079, 1100, 1128, 1163, 1172, 1179, 1190, 1205, 1209, and 1239 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 150.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 12 and has appointed Sens. Abdallah, Gray, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


    House Page Resolution 3 Introduced by: Representatives 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

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eightieth Legislature of the State of South Dakota to 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.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Eightieth Legislative Session; and

    WHEREAS, the members of the Eightieth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

     Rep. Rhoden moved that House Page Resolution 3 be adopted.

    Which motion prevailed and the resolution was adopted.

     HCR 1013   Introduced by:  Representatives Jensen, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Putnam, Rausch, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, and Wick and Senators Schoenbeck, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls

         A CONCURRENT RESOLUTION,  Requesting the Congress of the United States to direct the Corps of Engineers to address and rectify the problems caused by the accumulation of sediment in the Missouri River main stem reservoirs.

     WHEREAS,  the Fort Peck Dam, Garrison Dam, Oahe Dam, Big Bend Dam, Fort Randall Dam, and Gavins Point Dam and their associated reservoirs were improved or constructed under the Flood Control Act of 1944; and

     WHEREAS,  the Missouri River dams were constructed to provide numerous benefits, including flood control, hydropower generation, irrigation and domestic water supply, recreation, and fish and wildlife; and

     WHEREAS,  the Corps of Engineers' 2004 Annual Operating Plan Summary of Engineering Data (line 37) shows a total annual sediment inflow into the reservoirs of 92,500 acre-feet per year; and

     WHEREAS,  the accumulation of sediment in the reservoirs since they began operation has resulted in the loss of over four million five hundred thousand acre-feet of storage, which is the equivalent of one thousand square miles of storage seven feet deep; and

     WHEREAS,  the benefits of the Missouri River dams accrue to all of the United States of America; and

     WHEREAS,  the Missouri River and its dams and reservoirs are a national resource; and

     WHEREAS,  the Corps of Engineers, the federal agency assigned the task of operating and maintaining the dams, does not specifically address sediment management in its Annual Operation and Maintenance Plan; and

     WHEREAS,  the extension of the life of and benefits provided by the Missouri River dams and reservoirs to the greatest extent possible is of major importance to the United States:

     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 Legislature of the State of South Dakota hereby requests the Congress of the United States of America to direct the Corps of Engineers to immediately begin work to extend the life of the reservoirs into perpetuity through addressing and rectifying the sediment problem, adopting a life cycle financial analysis, and altering or eliminating the requirements of benefit/cost ratio analysis; and

     BE IT FURTHER RESOLVED,  that copies of this resolution be forwarded to President George W. Bush, the Speaker and Minority leader of the United States House of Representatives, the Majority Leader and the Minority leader of the United States Senate, Corps of Engineers General Grissoli, Senator Tim Johnson, Senator John Thune, Representative Stephanie Herseth, and the Governors of the states of Montana, North Dakota, and Nebraska.

     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

     Health and Human Services on SB 179 as found on page 558 of the House Journal ; also

     State Affairs on SB 95 as found on page 558 of the House Journal ; also

     Judiciary on SB 217 as found on page 559 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Rhoden moved that SB 93, 94, and 125 be deferred to Tuesday, February 22nd, the 31st legislative day.

     Which motion prevailed and the bills were so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that SB 151, 171, 48, 112, 207, 25, 26, 143, 178, 117, 135, 34, 187, 188, 2, 78, 83, 163, 66, 72, 116, and 53 be deferred to Tuesday, February 22nd, the 31st legislative day.

     Which motion prevailed and the bills were so deferred.

    Speaker Michels now presiding.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1054, 1057, 1079, 1089, 1100, 1128, 1163, 1172, 1179, 1190, 1205, 1209, and 1239 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1054: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2005.

     HB 1057: FOR AN ACT ENTITLED, An Act to  make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

     HB 1079: FOR AN ACT ENTITLED, An Act to  repeal certain executed and superceded mining statutes.


     HB 1089: FOR AN ACT ENTITLED, An Act to  provide for licensure and regulation of massage therapists and to provide funding from licensure fees.

     HB 1100: FOR AN ACT ENTITLED, An Act to  exempt swine and cattle semen from sales and use tax.

     HB 1128: FOR AN ACT ENTITLED, An Act to  revise the definition of agricultural purposes as it relates to sales tax.

     HB 1163: FOR AN ACT ENTITLED, An Act to  allow Vietnam veterans to receive honorary high school diplomas.

     HB 1172: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of athletic trainers.

     HB 1179: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of vehicle manufactures, franchisors, and dealers.

     HB 1190: FOR AN ACT ENTITLED, An Act to  provide for recognition of certain valid nonresident permits to carry a concealed pistol.

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

     HB 1209: FOR AN ACT ENTITLED, An Act to  provide for limited confidentiality of certain firearms information.

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

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1024   Introduced by:  Representatives Hunhoff and Michels and Senator Moore

         A LEGISLATIVE COMMEMORATION,  Honoring Hans Lillevold, Carl Livingston, Jake Mackey, Adam Maddox, John Schloss, and Austin Steinberg, for achieving the rank of Eagle Scout.

     WHEREAS,  Hans Lillevold, Carl Livingston, Jake Mackey, Adam Maddox, John Schloss, and Austin Steinberg have completed the requirements for, and have been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout and were recognized by the Boy Scouts of America for achieving the rank of Eagle Scout on February 6, 2005, at 2:00 p.m.; and
     WHEREAS,  the dedication of Hans Lillevold, Carl Livingston, Jake Mackey, Adam Maddox, John Schloss, and Austin Steinberg to Boy Scout Troop 102 and their contributions to those around them have resounded positively throughout their community and will continue to do so for years to come; and

     WHEREAS,  Hans Lillevold, Carl Livingston, Jake Mackey, Adam Maddox, John Schloss, and Austin Steinberg have taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Hans Lillevold, Carl Livingston, Jake Mackey, Adam Maddox, John Schloss, and Austin Steinberg, members of Boy Scout Troop 102, be recognized and congratulated for achieving the honorable rank of Eagle Scout.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 10:35 a.m. the House adjourned.

Karen Gerdes, Chief Clerk