House Journal 01/26/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 26, 2006

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Father Brian Christensen, followed by the Pledge of Allegiance led by House page Jen Wynia.

Roll Call: All members present except Reps. Novstrup and Valandra 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 eleventh 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.

The oath of office was administered by Speaker Michels to the following employee:

Chief Chaplain -- Brian P. Christensen

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1188 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 1111 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1062 and 1088 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1071 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 13 of the printed bill, insert:

" Section 2. That § 38-11-1.1 be amended to read as follows:

38-11-1.1. The Seed Certification Board shall be administered under the direction and supervision of the ~~Department of Agriculture and the secretary thereof~~ College of Agriculture and Biological Sciences at South Dakota State University and the dean of the college , but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions ( , as defined in § 1-32-1 ) , otherwise vested in it and shall exercise those functions independently of the ~~secretary of agriculture~~ dean and the college .

Section 3. That § 38-11-4 be amended to read as follows:

38-11-4. The State Seed Certification Board shall hold its meetings ~~at the seat of government~~ at such times and places as it designates ~~, but there shall not be~~ . The board shall hold at least one, but not more than four regular meetings each year, including the annual meeting ~~which shall be held on the last Tuesday of January of each year, at which~~ . At the annual meeting the president, vice-president, and secretary shall be elected for the ensuing year ~~; provided that the~~ . The president of the board ~~shall have power to~~ may call special meetings whenever ~~in his judgment he finds~~ the president judges it necessary.

Section 4. That § 38-11-6 be amended to read as follows:

38-11-6. The ~~State Seed Certification Board is~~ secretary of agriculture and the dean of the College of Agriculture and Biological Sciences at South Dakota State University shall designate the official seed certifying agency for the state. The ~~board~~ State Seed Certification Board may designate one or more public or private entities to perform necessary seed certification activities under the supervision of the board. The board may designate separate official certification agencies for various types or classifications of seed or propagating materials. The board shall notify the secretary and the dean of any designations made pursuant to this section. ".

On page 1, line 1 of the printed bill, delete " and representation " and insert ", supervision, and functioning".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1010 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1206 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " any " and insert "the total amount of".

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 1174 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 10 to 15 , inclusive.

On page 2 , delete lines 1 to 3 , inclusive.

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 1189 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 2 of the printed bill, delete " federal and " .

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 1200 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1147 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 74, 75, and 87 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

Rep. Schafer introduced Tom Craig of the Vermillion School District Board on his selection as the 2005-2006 Outstanding School Board member.

MOTIONS AND RESOLUTIONS

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 27^th, the 13^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1086 as found on page 221 of the House Journal ; also

State Affairs on HB 1091 as found on pages 221 and 222 of the House Journal ; also

State Affairs on HB 1140 as found on page 222 of the House Journal ; also

State Affairs on HB 1145 as found on pages 222 and 223 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 74: FOR AN ACT ENTITLED, An Act to repeal the Game, Fish and Parks Commission exemption relating to small business impact statements.

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

SB 75: FOR AN ACT ENTITLED, An Act to rescind the repeal of certain provisions relating to small business impact statements.

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

SB 87: FOR AN ACT ENTITLED, An Act to require a broker to obtain written consent to advertise or market property on behalf of an owner.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1035: FOR AN ACT ENTITLED, An Act to revise the renewal fee paid by medical assistants.

Was read the second time.

Rep. Klaudt requested that HB 1035 be removed from the Consent Calendar.

Which request was granted.

HB 1156: FOR AN ACT ENTITLED, An Act to require a study of the continuum of care needs for senior citizens.

Was read the second time.

The question being “Shall HB 1156 pass?”

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; 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; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Novstrup; 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 1107: FOR AN ACT ENTITLED, An Act to clarify the definition of a salvage vehicle.

Was read the second time.

The question being “Shall HB 1107 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Novstrup; 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

HB 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire an equestrian facility for South Dakota State University and to declare an emergency.

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

Rep. Rausch moved that HB 1015 be amended as follows:

On page 2, line 15 of the House Appropriations Committee engrossed bill, after " repair " insert "or lease payments".

Which motion prevailed.

The question being “Shall HB 1015 pass as amended?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

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

Nays:
Haley; Hargens

Excused:
Novstrup; Valandra

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 1069: FOR AN ACT ENTITLED, An Act to establish procedures for the forfeiture of money paid by a purchaser of a tax certificate who fails to pay the subsequent taxes.

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

Rep. Dykstra moved that HB 1069 be deferred to Friday, January 27^th, the 13^th legislative day.

Which motion prevailed.

HB 1045: FOR AN ACT ENTITLED, An Act to modify the requirements for coordination of benefits between health plans.

Was read the second time.

The question being “Shall HB 1045 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Novstrup; 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 1068: FOR AN ACT ENTITLED, An Act to require the names of certain parties to be listed in instruments recorded by the register of deeds.

Was read the second time.

The question being “Shall HB 1068 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Novstrup; 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 1077: FOR AN ACT ENTITLED, An Act to authorize water user districts to establish and operate wastewater systems.

Was read the second time.

The question being “Shall HB 1077 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Novstrup; 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 1121: FOR AN ACT ENTITLED, An Act to revise notification requirements for certain planning and zoning changes.

Was read the second time.

The question being “Shall HB 1121 pass as amended?”

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

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

Nays:
Davis; Hackl; Hennies; Howie; Klaudt

Excused:
Novstrup; 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 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding who receives notice of hearing and charges against insurance producers and to require that persons receiving such notice also receive notice of the final determination of the matter.

Was read the second time.

Rep. Willadsen moved that HB 1070 be amended as follows:

On page 1, line 9 of the printed bill, remove the overstrikes from " ~~and to the insurers represented by such licensee or to the appointing agent of a~~ " .

On page 1 , line 10, remove the overstrikes from " ~~producer~~ " .

On page 3 , after line 2, insert:
"
Section 2. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as follows:

No insurer may terminate the appointment of a producer based solely on the receipt of a notice of hearing pursuant to § 58-30-167 involving that producer.".

Which motion prevailed.

The question being “Shall HB 1070 pass as amended?”

And the roll being called:

Yeas 63, Nays 5, Excused 2, 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; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen

Nays:
Hills; McLaughlin; Pederson (Gordon); Rounds; Speaker Michels

Excused:
Novstrup; Valandra

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. Willadsen moved that the title to HB 1070 be amended as follows:

On page 1, line 1 of the printed bill, delete " revise certain provisions regarding who receives " and insert "prohibit insurers from taking certain actions based on receipt of a".

Which motion prevailed and the title was so amended.

HB 1130: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary supplemental lot for use by vehicle dealers.

Was read the second time.

The question being “Shall HB 1130 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Novstrup; 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 1190: FOR AN ACT ENTITLED, An Act to specifically exclude ridden animals and bicycles from the definition of vehicles.

Was read the second time.

The question being “Shall HB 1190 pass?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, 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; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Koistinen; Tornow

Excused:
Novstrup; 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 1073: FOR AN ACT ENTITLED, An Act to revise the circumstances under which certain arrests may be effected without warrant.

Was read the second time.

The question being “Shall HB 1073 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Novstrup; 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 1104: FOR AN ACT ENTITLED, An Act to revise the elements of the crime of eavesdropping.

Was read the second time.

Rep. Hills moved that HB 1104 be amended as follows:

On page 2, line 19 of the printed bill, delete " is designed to be " and insert " be is intentionally ".

Which motion prevailed.

The question being “Shall HB 1104 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Novstrup; 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 1093: FOR AN ACT ENTITLED, An Act to authorize the involvement of tribal housing improvement programs in implementing the Governor's house program.

Was read the second time.

Rep. Turbiville moved that HB 1093 be deferred to Monday, January 30^th, the 14^th legislative day.

Which motion prevailed.

HB 1102: FOR AN ACT ENTITLED, An Act to expand the board of technical professions.

Was read the second time.

The question being “Shall HB 1102 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Novstrup; 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.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1138 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1078 and 1097 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 Local Government respectfully reports that it has had under consideration HB 1161 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 13 to 15 , inclusive, and insert " zoning area on its own initiative if the special zoning area comprises an area of at least five square miles. ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1196 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 12 of the printed bill, after the period, insert "This section does not apply to any mobile or manufactured home as defined in chapter 32-7A which is constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction.".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas Hennies, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1047 was delivered to his Excellency, the Governor, for his approval at 9:00 a.m., January 26, 2006.

Respectfully submitted,
Matthew Michels, Chair

HC 1006 Introduced by: Representatives Heineman, Buckingham, Haley, Hanks, Hennies, Hunt, Kraus, Krebs, Kroger, McLaughlin, Miles, Murschel, Rausch, Roberts, Thompson, Tidemann, Tornow, Van Etten, and Weems and Senators Olson (Ed), Abdallah, Adelstein, Dempster, Duniphan, Earley, Gant, Knudson, Kooistra, McCracken, Napoli, and Peterson (Jim)

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2004-2005 Outstanding School Administrators of South Dakota: Robert Arend, Garretson, School Superintendent; David Peterson, Retired, School Business Official; Nancy Whitcher, Rapid City, Elementary School Principal; Christena Schultz, Emery, Secondary School Principal; Mike Taplett, Huron, Middle School Principal; Dr. Patricia Peel, Rapid City, Curriculum Director; and Karen Roth, Sioux Falls, Director of Special Education for being named outstanding administrators by their respective administrator parent groups.

WHEREAS, these administrators have been elected by their peers for outstanding service and dedication to education; and

WHEREAS, the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these seven educational administrators is one hundred eighty-eight years; and

WHEREAS, each of these educators has demonstrated a sincere interest in our children and superior skills in their chosen field of educational administration:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- first Legislature of the State of South Dakota, the Senate concurring therein, that Robert Arend, David Peterson, Nancy Whitcher, Christena Schultz, Mike Taplett, Dr. Patricia Peel, and Karen Roth are named as official representatives of the School Administrators of South Dakota and shall continue their efforts to improve the educational opportunities for the citizens of the state.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk