JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION  




EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 20, 2006

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

     The prayer was offered by the Chaplain, Auggie Minzlaff, followed by the Pledge of Allegiance led by House pages Ashley Sargent and Jesharelah Sax.

     Roll Call: All members present except Reps. Deadrick, Gillespie, Hargens, Krebs, and Rhoden 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 seventh 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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1074 and 1075 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1034 and 1041 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 Health and Human Services respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill be amended as follows:

1039ja
     On page 2, after line 11 of the printed bill, insert:

"
     Section 2. The provisions of this Act are repealed on July 1, 2009.".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1036 and returns the same with the recommendation that said bill be amended as follows:


1036ja
     On page 2, line 1 of the printed bill, after " Dakota. " insert " The board may promulgate rules, pursuant to chapter 1-26, to establish standards for licensure through endorsement pursuant to this section, including the level and status of licensure required, the evidence required to establish that the requirements for registration in the jurisdiction in which the candidate is licensed are substantially similar to those required by this chapter, the procedure and contents required for submitting the application, and any additional education, testing, or training necessary to ensure the competency of the candidate. ".

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

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1040 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1011, 1014, and 1022 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 1012 and returns the same with the recommendation that said bill be amended as follows:

1012MA
     On page 2, between lines 8 and 9 of the printed bill, insert:

"      Section 5. No general fund dollars may be used for the maintenance and repair of the facility authorized by this Act.".


     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 1015 and returns the same with the recommendation that said bill be amended as follows:

1015ma
     On page 2, between lines 13 and 14 of the printed bill, insert:

"
     Section 7. No general fund dollars may be used for the maintenance and repair of the facility authorized by this Act.".


     And that as so amended said bill do pass.

Respectfully submitted,
J.E. “Jim” Putnam, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 3, 11, 12, 13, 25, and 73 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


    HOUSE PAGE RESOLUTION 1 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; Michels; 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

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-first Legislature of the State of South Dakota to Bryan Bietz, Morgan Hanson, Kelsey Hoven, Michael Jansen, Alyssa Jeschke, Ashley Knock, Chelsea Koepsell, Brianna Larson, Ashley Mager, Maddie McFarland, Sarah McSparran, Ashley Sargent, Jesharelah Sax, Kyle Schoenfish.


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

    WHEREAS, the members of the Eighty-first 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 Eighty- first Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Rep. Dykstra moved that House Page Resolution 1 be adopted.

    Which motion prevailed and the resolution was adopted.

     The House of Representatives recognized Jennifer Coats who served the 2006 Legislature as a computer intern.

     Rep. Heineman moved that SCR 1 be deferred to Monday, January 23rd, the 9th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on HB 1027 as found on page 130 of the House Journal ; also

     Agriculture and Natural Resources on HB 1030 as found on page 131 of the House Journal ; also

     Taxation on HB 1009 as found on pages 131 and 132 of the House Journal ; also

     Education on HB 1061 as found on page 132 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1155   Introduced by:  Representatives Hunhoff, Bradford, Cutler, Elliott, Faehn, Frost, Gassman, Glenski, Howie, Jerke, Kraus, Kroger, Lange, McCoy, McLaughlin, Miles, Novstrup, Rave, Roberts, Street, Thompson, Van Etten, and Weems and Senators Knudson, Adelstein, Hansen (Tom), Hundstad, Nesselhuf, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   allow local units of government to regulate the sales, distribution, and use of tobacco products.

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

     HB 1156   Introduced by:  Representatives Hunhoff, Boomgarden, Cutler, Kraus, Murschel, Rave, and Van Etten and Senators Hansen (Tom), Broderick, Dempster, Gant, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   require a study of the continuum of care needs for senior citizens.

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

     HB 1157   Introduced by:  Representatives Olson (Ryan), Boomgarden, Bradford, Buckingham, Davis, Elliott, Fryslie, Gassman, Gillespie, Glenski, Glover, Haley, Halverson, Hanks, Hargens, Hennies, Jerke, Kroger, Lange, McLaughlin, Miles, Nelson, Novstrup, O'Brien, Roberts, Sigdestad, Street, Thompson, Valandra, and Van Norman and Senators Adelstein, Broderick, Duenwald, Kloucek, Kooistra, Moore, Nesselhuf, Olson (Ed), Peterson (Jim), Sutton (Dan), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   extend opportunity scholarship eligibility to South Dakota students who attend college or technical school out-of-state and then return to South Dakota to attend school.

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

     HB 1158   Introduced by:  Representatives Peters, Boomgarden, Faehn, Hunhoff, Jerke, Klaudt, Miles, Rausch, Rave, Tidemann, and Van Etten and Senators McCracken, Gant, Gray, Greenfield, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   require an expert review when a medical malpractice action is commenced.

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


     HB 1159   Introduced by:  Representative Cutler and Senator Gray

       FOR AN ACT ENTITLED, An Act to   define the business of abstracting.

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

     HB 1160   Introduced by:  Representatives Brunner, Elliott, Hackl, Hennies, Hills, Lange, McCoy, Nelson, Novstrup, Rave, Roberts, Schafer, Street, Tornow, and Weems and Senators Kooistra and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   provide additional state funding to school districts that offer certain services and opportunities to students receiving alternative instruction.

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

     HB 1161   Introduced by:  Representatives Brunner, Halverson, Hanks, Hills, McCoy, Rhoden, and Turbiville and Senators McNenny, Bogue, Hansen (Tom), Koskan, Lintz, and Napoli

       FOR AN ACT ENTITLED, An Act to   provide additional methods for the formation of special zoning areas.

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

     HB 1162   Introduced by:  Representatives Howie, Boomgarden, Brunner, Davis, Dykstra, Faehn, Frost, Fryslie, Gassman, Glover, Halverson, Hanks, Hargens, Haverly, Jensen, Jerke, Koistinen, Kraus, Kroger, McCoy, Murschel, Nelson, O'Brien, Pederson (Gordon), Peters, Rausch, Rave, Rhoden, Sigdestad, Street, Turbiville, Valandra, Van Etten, Vehle, and Willadsen and Senators Apa, Kloucek, Lintz, McNenny, and Moore

       FOR AN ACT ENTITLED, An Act to   provide for restitution to the state for expenses incurred in investigating false claims related to pesticide use.

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

     HB 1163   Introduced by:  Representatives O'Brien, Cutler, Faehn, Garnos, Gillespie, Haley, Hargens, Haverly, Hennies, Hunhoff, Jensen, Murschel, Nelson, Rausch, Rave, Roberts, Rounds, and Tidemann and Senators Bogue, Abdallah, Dempster, Duenwald, Hansen (Tom), Knudson, Moore, Olson (Ed), and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding court suspensions and revocations of driver licenses.


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

     HB 1164   Introduced by:  Representatives Haverly, Buckingham, and Putnam and Senators Napoli, Abdallah, and Duniphan

       FOR AN ACT ENTITLED, An Act to   provide for the taxation of leased motorcycles and motorized bicycles.

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

     HB 1165   Introduced by:  Representatives Rave, Cutler, Deadrick, Gillespie, Haley, Michels, Murschel, and O'Brien and Senators Gray, Bogue, Knudson, Koetzle, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   establish a workers compensation small claims procedure.

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

     HB 1166   Introduced by:  Representatives Hennies, Dennert, Elliott, Glover, Haley, Halverson, Hargens, Jensen, Kroger, Lange, McCoy, McLaughlin, Murschel, Nelson, Roberts, Sigdestad, and Thompson and Senators Olson (Ed), Abdallah, Kloucek, Koetzle, Kooistra, Moore, Nesselhuf, Peterson (Jim), Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

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

     HB 1167   Introduced by:  Representatives Wick, Boomgarden, Buckingham, Cutler, Deadrick, Dykstra, Faehn, Frost, Garnos, Glover, Hackl, Halverson, Heineman, Hennies, Hills, Hunhoff, Hunt, Jensen, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, McLaughlin, Michels, Murschel, Nelson, Novstrup, Pederson (Gordon), Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Street, Tidemann, Turbiville, Van Etten, Vehle, Weems, and Willadsen and Senators Knudson, Apa, Bogue, Broderick, Duenwald, Earley, Gray, Kelly, Koskan, Lintz, McNenny, Peterson (Jim), Smidt, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   create a tax relief fund and to dedicate certain sales and use tax revenue received by the state through the Streamlined Sales and Use Tax Agreement.

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


     HB 1168   Introduced by:  Representatives Dennert, Gassman, Halverson, Lange, and Sigdestad and Senators Duenwald, Bartling, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Koetzle, Moore, Nesselhuf, Peterson (Jim), Sutton (Dan), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   revise the method for imposing the excess levy for the general fund of school districts.

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

     HB 1169   Introduced by:  Representatives Lange, Bradford, and Gassman

       FOR AN ACT ENTITLED, An Act to   limit certain campaign contributions.

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

     HJR 1004   Introduced by:  Representatives Lange, Bradford, Dennert, Gassman, Haley, Roberts, Sigdestad, Thompson, and Van Norman and Senator Kooistra

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax and dedication of the revenue therefrom.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 3:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the establishment of representation areas for school board members and determination of vacancies on school boards.

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

     SB 11:   FOR AN ACT ENTITLED, An Act to   provide for the use of electronic ballot marking systems and for the appointment of precinct assistants and to declare an emergency.

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

     SB 12:   FOR AN ACT ENTITLED, An Act to   prescribe the form of certain ballots used in local elections.

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



     SB 13:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the publication of facsimile ballots.

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

     SB 25:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning motor carrier regulation and to transfer the authority to regulate motor carriers from the Public Utilities Commission to the Department of Revenue and Regulation.

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

     SB 73:   FOR AN ACT ENTITLED, An Act to   allow certain federally activated military personnel to be issued replacement elk hunting licenses.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1044:   FOR AN ACT ENTITLED, An Act to   clarify the application of certain provisions relating to the exemption of debt cancellation contracts from insurance regulation.

     Was read the second time.

     The question being “Shall HB 1044 pass?”

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

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

     Excused:
Deadrick; Gillespie; Hargens; Krebs; Rhoden; Valandra

     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 1028:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the transportation, possession, purchase, and sale of certain endangered and threatened species of wildlife and to provide a penalty for violation of those provisions.

     Was read the second time.

     The question being “Shall HB 1028 pass?”

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

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

     Excused:
Deadrick; Gillespie; Hargens; Krebs; Rhoden; Valandra

     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 1029:   FOR AN ACT ENTITLED, An Act to   prohibit the use of crossbows for fishing except by certain persons having a disability and to grant the Game, Fish and Parks Commission rule-making authority to implement exceptions.

     Was read the second time.

     The question being “Shall HB 1029 pass?”

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent 0

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



     Nays:
Van Norman

     Excused:
Deadrick; Gillespie; Hargens; Krebs; Rhoden; Valandra

     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


     Rep. Hennies moved that HB 1017, 1065, 1049, 1058, and 1032 be deferred to Monday, January 23rd, the 9th legislative day.

     Which motion prevailed.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:41 p.m. the House adjourned.

Karen Gerdes, Chief Clerk