JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION  



THIRTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 27, 2006

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Abbi Davelaar.

     Roll Call: All members present except Reps. Hennies, Novstrup, and Tornow 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 twelfth 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.
COMMUNICATIONS AND PETITIONS


January 26, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on January 26, 2006, I approved House Bill 1047 and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1037 and 1137 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1115 and 1136 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1109 and returns the same with the recommendation that said bill be amended as follows:

1109ra
     On page 1, line 8 of the printed bill, delete " that might otherwise incur. " and insert "for such examinations and testimony. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

1134ra
     On page 1, line 7 of the printed bill, delete " reasonable apprehension of " .

     On page 2 , line 12, after " . " insert " The force or violence used pursuant to this section cannot be more than that sufficient to prevent such offense. ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1108, 1132, and 1158 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1173 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 State Affairs respectfully reports that it has had under consideration HB 1157 and returns the same with the recommendation that said bill be amended as follows:

1157oa
     On page 2 of the printed bill, delete lines 14 to 20 , inclusive, and insert:

"

     A student is eligible to participate in the South Dakota opportunity scholarship program for the equivalent of four academic years (eight consecutive spring and fall terms) or until the attainment of a baccalaureate or technical degree, whichever comes first. However, the executive director of the Board of Regents may grant exceptions to the continuous enrollment requirements for good cause shown.

     A student who would have been eligible for the scholarship, but who applies after completing one or more semesters of full-time work at an accredited institution, may be admitted to the program only if the student has complied with the same grade point and credit hour requirements that would apply to program participants. Admission granted under these circumstances may not be retroactive, and eligibility for participation in the program shall be reduced by one semester for each semester of work completed prior to admission to the program. ".

     On page 3 , line 5, after " attendance " insert " unless the student attended full-time a regionally accredited university, college, or technical school located outside South Dakota prior to admission to the program, in which case the award shall be one thousand dollars ".

     On page 3 , delete lines 6 and 7 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1199 and returns the same with the recommendation that said bill be amended as follows:

1199ja
     On page 1, line 9 of the printed bill, after " agency " insert "or the secretary of state".

1199oa
     On page 1, line 6 of the printed bill, before " employee " delete " or " .

     On page 1 , line 7, after " subdivision, " insert "or any other person,".

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1169 and 1195 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1001 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 83, 99, 107, and 150 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1003   Introduced by:  Representatives Buckingham, Boomgarden, Bradford, Brunner, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Haverly, Heineman, 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, and Willadsen and Senators Duniphan, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, 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), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls

         A CONCURRENT RESOLUTION,  Recognizing the efforts of United States Senator Tim Johnson, United States Senator John Thune, United States Representative Stephanie Herseth, Governor M. Michael Rounds and the preparedness of the Rapid City area's Ellsworth Task Force and the Black Hills area's government and business leaders for their outstanding achievement in retaining Ellsworth Air Force Base as a vital component of our nation's defenses.

     WHEREAS,  the demonstrated leadership of Senator Tim Johnson, Senator John Thune, Representative Stephanie Herseth, Governor M. Michael Rounds and local leaders was instrumental in the retention of Ellsworth Air Force Base as a vital component of not only our nation's defenses but the economic and social fabric of western South Dakota's Black Hills; and

     WHEREAS,  the value of Ellsworth's geographically centered location and its capabilities as demonstrated by its assigned missions and personnel over decades of conflicts extending throughout World War II, an enduring cold war spanning over forty-five years, the Korean Conflict, the Vietnam War, the Gulf War, other armed conflicts in southwest Asia, the NATO liberation of Kosovo, and most recently in our nation's continuing global war on terror in the Afghanistan and Iraq theaters of operation; and

     WHEREAS,  South Dakota's congressional delegation and state and local leaders have been instrumental in the transformation of the base's facilities and aircraft into a fully trained and capable twenty-first century strike capability, able to launch B-1B aircraft from Ellsworth to any worldwide location and directly engage the enemy with the most advanced precision weapons using unprecedented timing and accuracy; and

     WHEREAS,  the entire state of South Dakota was focused on their actions and the results of their efforts to retain Ellsworth Air Force Base throughout the summer of 2005 and watched with the greatest levels of concern and apprehension as the Base Closure and Realignment Commission voted 8 to 1 to retain Ellsworth; and

     WHEREAS,  their untiring efforts, unified support and dedication to work with the Base Closure and Realignment Commission commissioners and their distinctive presence during the commission's final deliberations brought very highly regarded national attention to the true spirit and character of the People of South Dakota:

     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 their efforts be recognized as a significant milestone in support of our nation's defense mission and a benchmark of success deserving emulation throughout the future of the State of South Dakota.

     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

     Agriculture and Natural Resources on HB 1071 as found on pages 242 and 243 of the House Journal ; also

     Taxation on HB 1112 as found on page 244 of the House Journal ; also

     Taxation on HB 1174 as found on page 244 of the House Journal ; also

     Taxation on HB 1189 as found on page 244 of the House Journal ; also

     Local Government on HB 1161 as found on page 256 of the House Journal ; also

     Local Government on HB 1196 as found on pages 256 and 257 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 83:   FOR AN ACT ENTITLED, An Act to   increase the length of time for which nationally certified teachers may receive stipends.

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

     SB 99:   FOR AN ACT ENTITLED, An Act to   establish a task force to study sexual assault and to provide for its composition, scope, and administration.

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

     SB 107:   FOR AN ACT ENTITLED, An Act to   revise the definition of manufacturer as it relates to the ownership of certain motor vehicle dealerships and to declare an emergency.

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

     SB 150:   FOR AN ACT ENTITLED, An Act to   require the state's participation in the National Sex Offender Public Registry and to provide for the posting of a state internet sex registry site.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1111:   FOR AN ACT ENTITLED, An Act to   require certain third party administrators to provide reports of claims experience upon request.

     Was read the second time.

     The question being “Shall HB 1111 pass?”

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels

     Excused:
Hanks; Hennies; Novstrup; Tornow; Wick

     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 1082:   FOR AN ACT ENTITLED, An Act to   provide for uniform jurisdiction in the regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.

     Was read the second time.

     The question being “Shall HB 1082 pass?”

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels

     Excused:
Hanks; Hennies; Novstrup; Tornow; Wick

     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 1078:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the bonding of township clerks and treasurers.

     Was read the second time.


     The question being “Shall HB 1078 pass?”

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; 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; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels

     Nays:
Rave

     Excused:
Hanks; Hennies; Novstrup; Tornow; Wick

     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 1097:   FOR AN ACT ENTITLED, An Act to   permit municipalities to refund certain sales and use taxes to contractors and subcontractors.

     Was read the second time.

     The question being “Shall HB 1097 pass?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Hanks; Hennies; Novstrup; Tornow

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

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

     The question being “Shall HB 1035 pass?”

     And the roll being called:

     Yeas 57, Nays 8, Excused 5, Absent 0

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

     Nays:
Bradford; Buckingham; Davis; Garnos; Hackl; Klaudt; Peters; Van Norman

     Excused:
Hanks; Hennies; Hunt; Novstrup; Tornow

     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 referred back to the Committee on Taxation.

     Which motion prevailed.

     HB 1086:   FOR AN ACT ENTITLED, An Act to   restrict the rights of certain sex offenders related to adoption or visitation of children.

     Was read the second time.

     The question being “Shall HB 1086 pass as amended?”

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Hanks; Hennies; Hunt; Novstrup; Tornow

     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 1091:   FOR AN ACT ENTITLED, An Act to   authorize the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.

     Was read the second time.

1091oc

     Rep. Dykstra moved that HB 1091 be amended as follows:

     On page 2, line 1 of the House State Affairs Committee engrossed bill, before " utility " insert "public".

     On page 2 , line 3, after " Allows the " insert "public".

     On page 2 , line 5, after " in the " insert "public".

     On page 2 , line 12, after " the " insert "public".

     On page 2 , line 15, after " A " insert "public".
     On page 2 , line 16, after " filing, the " insert "public".

     On page 2 , line 19, after " The " insert "public".

     On page 2 , line 20, after " of the " insert "public".

     Which motion prevailed.

     The question being “Shall HB 1091 pass as amended?”

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Hanks; Hennies; Hunt; Novstrup; Tornow

     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.

     Rep. Rhoden moved that HB 1140, 1188, 1206, 1147, and 1138 be deferred to Monday, January 30th, the 14th legislative day.

     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1021, 1087, and 1089 and returns the same with the recommendation that said bills do pass.

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

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

    Speaker Michels now presiding.

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1001: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning election procedures.

     And signed the same in the presence of the House.

    Speaker Pro tempore Deadrick now presiding.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:47 p.m. the House adjourned.

Karen Gerdes, Chief Clerk