JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 17, 2007

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

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by House page Tirzah Lily.

     Roll Call: All members present.

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 fifth 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,
Thomas J. Deadrick, Chair

     Which motion prevailed.
    The oath of office was administered by Speaker Deadrick to the following legislative aide:

        Jeanette Nygaard

    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 Education respectfully reports that it has had under consideration HB 1035 and returns the same with the recommendation that said bill be amended as follows:

1035ca
     On page 1, line 8 of the printed bill, remove the overstrikes from " all students in " .

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

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1057 and 1058 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill be amended as follows:

1015ra
     On page 2, line 8 of the printed bill, overstrike " and " and insert " or ".

     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 1059 and returns the same with the recommendation that said bill be amended as follows:

1059oa
     On page 2 of the printed bill, delete lines 10 and 11 .

     On page 2 , delete lines 20 and 21 .

     On page 2 , line 22, delete " Act " and insert "section".

     On page 3 , line 10, before " this " insert "section 1 of".

     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 HB  1004, 1012, and 1067 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1040 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  1039 and 1041 and returns the same with the recommendation that said bills be referred to the Committee on Government Operations and Audit.

Respectfully submitted,
Tim Rounds, Chair


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Eighty-second Legislative Session.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 49, 61, 62, and 66 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORTS OF SELECT COMMITTEES


     Rep. Rhoden moved that the report of the Select Committee relative to the House rules for the Eighty-second Legislative Session as found pages 76 to 79 of the House Journal be adopted.

     The question being on Rep. Rhoden's motion that the report of the Select Committee relative to House rules be adopted.

     And the roll being called:

     Yeas 57, Nays 12, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gilson; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Elliott; Engels; Feinstein; Gassman; Gillespie; Hargens; Lucas; Moore; Nygaard

     Excused:
Van Norman

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


    Rep. Rhoden moved that the report of the Joint-Select Committee relative to the joint rules for the Eighty-second Legislative Session as found on page 55 of the House Journal be adopted.

     The question being on Rep. Rhoden's motion that the report of the Joint-Select Committee relative to the joint rules be adopted.

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gilson; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Elliott; Engels; Feinstein; Gassman; Gillespie; Hargens; Lucas; Moore; Nygaard

     Excused:
Van Norman

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Local Government on HB 1006 as found on page 74 of the House Journal ; also

     Taxation on HB 1044 as found on pages 74 and 75 of the House Journal ; also

     Taxation on HB 1045 as found on page 75 of the House Journal ; also

     Taxation on HB 1047 as found on page 75 of the House Journal ; also

     Transportation on HB 1081 as found on page 76 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Howie moved that the word "not" be stricken from the report of the Committee on Government Operations and Audit on HB 1008 as found on page 76 of the House Journal and that the bill be placed on tomorrow's calendar.

     The question being on Rep. Howie's motion that the word "not" be stricken from the report of the Committee on Government Operations and Audit on HB 1008 and that the bill be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 34, Nays 35, Excused 1, Absent 0

     Yeas:
Bradford; Brunner; DeVries; Dreyer; Faehn; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lust; Miles; Nelson; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Pitts; Rhoden; Rounds; Sigdestad; Van Etten; Vanneman; Vehle; Weems; Wick

     Nays:
Ahlers; Boomgarden; Buckingham; Burg; Carson; Cutler; Davis; Dennert; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Haverly; Heineman; Koistinen; Lucas; McLaughlin; Moore; Noem; Nygaard; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Steele; Street; Thompson; Tidemann; Turbiville; Willadsen; Speaker Deadrick

     Excused:
Van Norman

     So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

     Rep. Howie announced his intention to reconsider the unsuccessful vote to strike the NOT and place HB 1008 on the calendar.

     There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


     Rep. Hargens moved that the House rules be amended as follows:

    Delete all of Rule 6-1 of the House Rules and insert:

" Rule 6-1. Select Committee on Discipline and Expulsion

            Any representative may move for the establishment of a Select Committee on Discipline and Expulsion to investigate the conduct of any other representative. Upon being seconded, the motion is debatable, and passage of the motion requires a majority vote of the members elect. The Select Committee on Discipline and Expulsion shall be composed of eight members of the House of Representatives consisting of four members of the majority party and four members of the minority party. The chair and vice chair of the select committee shall be chosen by the Speaker of the House and may not both be members of the same political party. The other six members of the select committee shall be chosen by the Speaker of the House in consultation with the majority leader and the minority leader."

     The question being on Rep. Hargens' motion that the House rules be amended.

     And the roll being called:

     Yeas 20, Nays 50, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Lucas; Miles; Moore; Nygaard; Sigdestad; Street; Thompson; Van Norman

     Nays:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gilson; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     So the motion not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion lost.

     Rep. Gillespie moved that the House rules be amended as follows:

    Between Rule 6-2 and 6-3 of the House Rules, insert:

" Rule 6-3. Oath

            Prior to consideration of any matter referred to it, except establishing a quorum, the members of the select committee shall subscribe to the following oath, which shall be administered by the Chief Clerk of the House of Representatives.

            "I do solemnly swear (affirm) that in all things appertaining to the matter referred to this select committee, I will do impartial justice according to the Constitution, laws, Joint Rules, and House Rules of the State of South Dakota. I do solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the

House Select Committee on Discipline and Expulsion in the aforesaid matter, according to the best of my ability and understanding, so help me God.""

and renumber the remaining rules accordingly.

     The question being on Rep. Gillespie's motion that the House rules be amended.

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Buckingham; Burg; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Carson; Koistinen

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried.

     Rep. Hargens moved that the House Rules be amended as follows:

    At the end of House Rule 6-1, insert:

    "A quorum shall consist of seven members."

     The question being on Rep. Hargens' motion that the House Rules be amended.

     And the roll being called:

     Yeas 19, Nays 51, Excused 0, Absent 0

     Yeas:
Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Lucas; Miles; Moore; Nygaard; Sigdestad; Street; Thompson; Van Norman

     Nays:
Ahlers; Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gilson; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     So the motion not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion lost.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1100   Introduced by:  Representatives Rhoden, Deadrick, Dennert, Hargens, and Pederson (Gordon) and Senators Gray, Heidepriem, Knudson, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, and to make an appropriation therefor.

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

     HB 1101   Introduced by:  Representatives Juhnke, Deadrick, and Putnam and Senator Garnos

       FOR AN ACT ENTITLED, An Act to   make an appropriation to support the South Dakota Hall of Fame.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 49:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the Board of Counselor Examiners' authority to promulgate rules regarding marriage and family therapy.

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

     SB 61:   FOR AN ACT ENTITLED, An Act to   include adopted children within certain child support deviations.

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


     SB 62:   FOR AN ACT ENTITLED, An Act to   allow for the electronic service of orders to withhold income in the collection of child support.

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

     SB 66:   FOR AN ACT ENTITLED, An Act to   include additional professions and occupations within the child support collection process.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1043:   FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

     Was read the second time.

     The question being "Shall HB 1043 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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 1046:   FOR AN ACT ENTITLED, An Act to   repeal the limitation period for filing certain tax refunds.

     Rep. Bradford requested that HB 1046 be removed from the Consent Calendar.

     Which request was granted.


      HB 1049:   FOR AN ACT ENTITLED, An Act to   clarify the definition of purchase price for taxation purposes.

     Was read the second time.

     The question being "Shall HB 1049 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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 1055:   FOR AN ACT ENTITLED, An Act to   revise the time period for sellers to obtain an exemption certificate for certain taxes.

     Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Van Norman


     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 1003:   FOR AN ACT ENTITLED, An Act to   clarify, repeal, update, and make style and form changes to certain statues related to military and veterans affairs.

     Was read the second time.

     The question being "Shall HB 1003 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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. Van Etten moved that the title to HB 1003 be amended as follows:

     On page 1, line 2 of the House State Affairs Committee engrossed bill, delete " statues " and insert "statutes".

     Which motion prevailed and the title was so amended.

     HB 1007:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning election deadlines and time frames.

     Was read the second time.

     The question being "Shall HB 1007 pass?"


     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     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 1042:   FOR AN ACT ENTITLED, An Act to   revise the definition of bundling for sales and use tax purposes.

     Was read the second time.

     The question being "Shall HB 1042 pass?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Burg; Moore

     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 1027:   FOR AN ACT ENTITLED, An Act to   authorize the issuance of temporary snowmobile permits to residents and to increase the fee for such permits.

     Was read the second time.

     Rep. Krebs moved that HB 1027 be referred to the Committee on Appropriations.

     Which motion prevailed.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:34 p.m. the House adjourned.

Karen Gerdes, Chief Clerk