JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION  




TWENTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 17, 2006

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Abigail Hauert.

     Roll Call: All members present except Rep. Gillespie who was 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-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.
COMMUNICATIONS AND PETITIONS


February 16, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 15, 2006, I approved House Bills 1011, 1023, 1024, 1039, 1070, 1089, and 1189, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


February 17, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 16, 2006, I approved House Bills 1134, 1171, and 1205, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


February 17, 2006

The Honorable Matthew J. W. Michels
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Speaker Michels and Members of the House:

I hereby return House Bill 1147 and, pursuant to Article IV, Section 4, I hereby veto House Bill 1147 entitled An Act to revise certain eligibility restrictions related to secondary school extracurricular activities.

During the 1997 legislative session, the legislature passed, and Governor Janklow signed, a bill enacting SDCL § 13-32-9. By doing so, the legislature sent a clear message to the young people of South Dakota that the use of controlled substances or marijuana would not be tolerated and would result in an irrevocable 1-year suspension of the ability to participate in extracurricular activities.


SDCL § 13-32-9 sent a strong message to the young people of the state of South Dakota that students who participate in extracurricular activities and who thus are role models will not be allowed to use drugs and continue in those extracurricular activities without a realistic penalty.

I strongly believe that HB 1147 sends the wrong message to the young people of the state of South Dakota by reducing the 1-year loss of privileges to 60 days, thereby enabling those who are able to hire an attorney or obtain a favorable assessment from a certified chemical dependency counselor to essentially avoid any loss of extracurricular activities.

Extracurricular activities are a privilege, not a right. The students who participate in extracurricular activities are frequently seen as role models for younger persons, much as star professional athletes are seen as role models. I believe that it would be a step back for the state of South Dakota to lessen penalties such that a drug offense could be viewed as a mere slap on the wrist, as it is all too often with professional athletes. HB 1147 sends a negative image to young people in South Dakota. It is time to be clear about the message we send to our youth in South Dakota. The use of illegal drugs is wrong and there are certain and definite consequences if you choose to use illegal drugs.

Sometimes peer pressure can be very strong. Providing a young person with a clear reason to resist inappropriate peer pressure to use illegal drugs can only help make the decision to say no to drugs easier. We should provide them with the reason to say no.

I therefore respectfully veto HB 1147.

I respectfully request your concurrence with my action.

Respectfully submitted,
M. Michael Rounds

MMR:ls

cc:    The Honorable Dennis Daugaard
    The Honorable Chris Nelson

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 53 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair


Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill be amended as follows:

202ha
     On page 1, line 6 of the Senate Appropriations Committee engrossed bill, delete " one hundred fifty " and insert "three hundred".

     On page 1 , line 6, delete " ($2,150,000) " and insert "($2,300,000)".

     And that as so amended said bill do pass.

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

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 99 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 1 and returns the same with the recommendation that said bill be amended as follows:

1rb
     On page 2, line 21 of the Senate Judiciary Committee engrossed bill, delete " 33-23-10 " and insert " 32-23-10 ".

1rc
     On page 2, line 16 of the Senate Judiciary Committee engrossed bill, delete " 32-23-10, 32- 23-13 , " and insert " 32-23-13 32-23-10 ".

     On page 2 , line 21, delete " 33-23-10, 32- " and insert " 32-23-13 32-23-10 ."

     On page 2 , line 22, delete " 23-13 , " .


1rg
     On page 2, after line 23 of the Senate Judiciary Committee engrossed bill, insert:

"
     Section 4. That § 32-23-14 be amended to read as follows:

     32-23-14.   Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in §  32-23-10 , and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized to withdraw blood under this section may be required or forced to withdraw blood for the purposes outlined in this chapter, unless required pursuant to a written agreement. ".


     And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  167 and SJR 2 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 1004 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1040 which has passed the Senate without change.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1067, 1084, 1177, 1206, and 1212 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Kraus moved that the House do not concur in Senate amendments to HB 1072 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Kraus, Hunhoff, and Miles.

     Rep. O'Brien moved that the House do concur in Senate amendments to HB 1149.

     The question being on Rep. O'Brien's motion that the House do concur in Senate amendments to HB 1149.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly; Heineman; 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:
Gillespie; Hargens; Hennies

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.


     HCR 1008   Introduced by:  Representatives Tidemann, 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, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen and Senators Smidt, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hanson (Gary), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Nesselhuf, Peterson (Jim), Schoenbeck, Sutton (Dan), Sutton (Duane), and Two Bulls

         A CONCURRENT RESOLUTION,  Commemorating the 125th anniversary of the establishment of the South Dakota State University.

     WHEREAS,  South Dakota State University was established as the Dakota Land Grant institution on February 21, 1881, by an act of the Dakota Territorial Legislature and was named Dakota Agriculture College; and

     WHEREAS,  through its one hundred twenty-five year history South Dakota State University has been known by the following names: Dakota Agriculture College (1883),South Dakota Agricultural College (after statehood 1889), South Dakota College of Agriculture and Mechanical Arts (1907), and South Dakota State University (1964); and

     WHEREAS,  South Dakota State University had its origin as a college focusing on agriculture, science, mathematics, political and domestic economy, languages, English, military tactics, veterinary science, practical business, and music; and

     WHEREAS,  the federal Hatch Act of 1887 laid the foundation for the Agricultural Experiment Station and the federal Smith-Lever Act of 1914 authorized the Cooperative Extension Service; and

     WHEREAS,  South Dakota State University has become a widely respected Land Grant institution serving South Dakota, the region, and the nation through its education, research, and extension activities; and

     WHEREAS,  in 2006 the State of South Dakota is celebrating the one hundred twenty-fifth anniversary of the founding of South Dakota State University, therefore:

     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 the people of South Dakota extend congratulations to South Dakota State University for its distinguished service to the State of South Dakota.

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


     Rep. Cutler moved that SB 57 be referred back to the Committee on Judiciary.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Deadrick moved that the report of the Conference Committee on HB 1006 as found on page 615 of the House Journal be adopted.

     The question being on Rep. Deadrick's motion that the report of the Conference Committee on HB 1006 be adopted.

     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; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; 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:
Gillespie; Hennies

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on SB 73 as found on page 612 of the House Journal ; also

     Commerce on SB 81 as found on page 613 of the House Journal ; also

     Commerce on SB 87 as found on page 614 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.



SECOND READING OF CONSENT CALENDAR ITEMS


     SB 58:   FOR AN ACT ENTITLED, An Act to   define gamma hydroxyl butyrate as a controlled substance.

     Was read the second time.

     The question being “Shall SB 58 pass as amended?”

     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; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; 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:
Gillespie; Hennies

     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.

     SB 186:   FOR AN ACT ENTITLED, An Act to   classify the production of certain upland game birds as an agricultural pursuit.

     Was read the second time.

     The question being “Shall SB 186 pass as amended?”

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0


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

     Nays:
Tornow

     Excused:
Gillespie; Hennies

     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.

     SB 155:   FOR AN ACT ENTITLED, An Act to   permit salespersons and broker associates within the same firm to form a business corporation or limited liability company under certain conditions.

     Was read the second time.

     The question being “Shall SB 155 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; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; 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:
Gillespie; Hennies

     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.


     SB 194:   FOR AN ACT ENTITLED, An Act to   revise the definition of wine for farm wineries.

     Was read the second time.

     The question being “Shall SB 194 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly; Heineman; 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:
Bradford; Hargens

     Excused:
Gillespie; Hennies

     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 SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that SB 68, 89, 200, 201, 50, 10, 166, 184, 138, 63, 165, 172, 69, 142, 62, 108, 180, 130, and 83 be deferred to Tuesday, February 21st, the 29th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 7.


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 28, 149, and 208.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 148 and has appointed Sens. Abdallah, Gray, and Koetzle 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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1007, 1040, 1075, 1082, 1111, 1112, 1113, and 1186 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1038, 1054, 1069, 1071, 1080, 1091, 1127, 1132, 1135, 1141, 1173, 1204, 1226, 1227, 1239, and 1243 were delivered to his Excellency, the Governor, for his approval at 3:30 p.m., February 16, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1007: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the composition of livestock brands and to declare an emergency.


     HB 1040: FOR AN ACT ENTITLED, An Act to  revise the minimum monthly fee charged for care at the Human Services Center.

     HB 1075: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the disposition of confiscated weapons and firearms.

     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.

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

     HB 1112: FOR AN ACT ENTITLED, An Act to  exempt certain real property owned by local industrial development corporations from property taxation.

     HB 1113: FOR AN ACT ENTITLED, An Act to  exempt claims related to wildland fire operations outside the state from certain workers' compensation provisions and to declare an emergency.

     HB 1186: FOR AN ACT ENTITLED, An Act to  provide a procedure for implementing the standard visitation guidelines.

     SB 90: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the approval of plats and the format standards for certain real estate documents recorded with the register of deeds.

     SB 118: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the type of personal identification required when voting.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1021   Introduced by:  Representatives Rounds, 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, Hills, Howie, Hunhoff, Hunt, 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, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen and Senators Gray, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Sutton (Dan), Sutton (Duane), and Two Bulls



         A LEGISLATIVE COMMEMORATION,  Honoring Ambrose "Red" Schultz for his exemplary service to the State of South Dakota and the South Dakota Legislature.

     WHEREAS,  Mr. Ambrose "Red" Schultz is currently one of South Dakota's longest serving legislative session employees, having faithfully served the last eighteen Legislatures of the State of South Dakota as Chief Clerk and Postmaster. Red has served the State of South Dakota in various other capacities including work in the Office of the State Auditor and service as the Assistant Director of Purchasing, as the Supervisor of the Division of Central Services, and as the Manager of Buildings and Grounds; and

     WHEREAS,  Red's life of service to others started when he joined the military in 1945. Red served in the United States Army during and after World War II in Germany, France, Austria, and other areas of Europe; and

     WHEREAS,  Red is the happy husband of Gloria, the proud father of Paulette, Loretta, and Kathryn, the step-father of Dennis, and the grandfather of six; and

     WHEREAS,  Red's vast knowledge of legislative history and his kind heart, mentoring skills, knowledge, and respect for the legislative process have influenced pages, staff, and legislators alike:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-first Legislature of the State of South Dakota, that Ambrose "Red" Schultz be commemorated for his exemplary service to the State of South Dakota and the South Dakota Legislature.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:36 p.m. the House adjourned.

Karen Gerdes, Chief Clerk