JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



EIGHTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 19, 2007

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

     The prayer was offered by the Chaplain, Rev. Sunshine Minzlaff, followed by the Pledge of Allegiance led by House pages Haley Juhnke and Marie Short Bull.

     Roll Call: All members present except Reps. Bradford, Faehn, Krebs, and Putnam 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,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1001, 1002, and 1038 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1033 and returns the same with the recommendation that said bill be amended as follows:

1033cb
     On page 1, line 6 of the printed bill, delete " or building principal has reason to believe " and insert "has sufficient evidence that".

     On page 1 , line 10, delete " by a teacher " and insert "or tampering or altering of student answer sheets by school district personnel".

     On page 2 , line 3, after " §  13-3-62. " insert "The decision of the secretary regarding adequate yearly progress may be appealed to the South Dakota Board of Education.".

     On page 2 , line 7, delete " teacher who knowingly compromises " and insert "certified personnel who knowingly compromise".

1033cta
     On page 1, line 1 of the printed bill, delete " teachers " and insert "certified school personnel".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

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

1034cb
     On page 1, line 13 of the printed bill, after " . " insert "The South Dakota Board of Education may promulgate rules pursuant to chapter 1-26 to further define the data required pursuant to this section.".

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

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1037 and returns the same with the recommendation that said bill be amended as follows:

1037ca
     On page 1 of the printed bill, delete lines 4 to 13 , inclusive, and insert:

"
     Section 1. That § 13-43-3 be repealed.

     13-43-3.   The school board of a public or the governing body of a nonpublic school shall require each employee, each student teacher, and each person providing services for pupils under contract, who is in regular contact with pupils, to submit, within ten days after first being employed, a certification of health signed by a licensed physician, nurse practitioner, certified nurse midwife, or physician assistant. No new certificate of health may be required for those persons with continuing contracts due to consolidation of districts. The certification shall include a statement that there is no evidence of physical condition that would endanger health, safety, or welfare of the pupils in the initial examination. ".


1037cta
     On page 1, line 1 of the printed bill, delete " revise " and insert "repeal".

     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 Appropriations respectfully reports that it has had under consideration HB 1011 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1010 and returns the same with the recommendation that said bill be amended as follows:

1010ma
     On page 1, line 5 of the printed bill, after " ($1,082,783), " insert "and one million eight hundred seven thousand five hundred twenty-six dollars ($ 1,807,526 ) in federal fund expenditure authority ,".

     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 1036 and returns the same with the recommendation that said bill be referred to the Committee on Education.

Respectfully submitted,
Larry Tidemann, Vice-Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1029 and 1030 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 1028 and returns the same with the recommendation that said bill be amended as follows:

1028ja
     On page 7, line 15 of the printed bill, delete " physician " and insert "physical".

     On page 11 , line 8, overstrike " 36-4A-8(8) " and insert " 36-4A-8(2) ".

     And that as so amended said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1053 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 1051 and returns the same with the recommendation that said bill be amended as follows:

1051sa
     On page 2, line 12 of the printed bill, delete " in rules " .
     On page 2 , line 13, delete " promulgated pursuant to chapter 1-26 " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1052 and returns the same with the recommendation that said bill be amended as follows:

1052sa
     On page 1, line 14 of the printed bill, remove the overstrikes from " Medicare " .

     On page 1 , line 14, delete " Medicaid " .

     On page 1 , line 15, overstrike " medicare supplement coverage " and insert " the medical assistance program ".

     On page 2 , line 14, overstrike " medicaid " and insert " the medical assistance program ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1054 and returns the same with the recommendation that said bill be amended as follows:

1054sb
     On page 2, line 5 of the printed bill, delete " good standing with " and insert "conformity with the Code of Professional Ethics of".

     And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1094, 1095, and 1096 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 Judiciary respectfully reports that it has had under consideration HB  1092 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 6, 13, 20, and 63 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


    HOUSE PAGE RESOLUTION 1 Introduced by: Representatives Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Deadrick; 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.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-second Legislature of the State of South Dakota to Kelcy Brunner, Caleb Distel, Katherine Herman, Haley Juhnke, Nicole Lauck, Tirzah Lily, Shrylle Mikkonen, Marie Short Bull, Laura Wollschlager, and Tyler Wulf.

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

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

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

    Which motion prevailed and the resolution was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


    The following bill was read on Thursday, January 18th, and today the Speaker assigned this bill to committee:

     HB 1107 was referred to the Committee on Judiciary.

     HB 1114   Introduced by:  Representatives Peters, Ahlers, Buckingham, Gillespie, Haverly, Kirkeby, Lust, Olson (Russell), Rausch, Rounds, Tidemann, and Vehle and Senators Gant, Albers, Katus, McCracken, Napoli, Schmidt, and Turbak

       FOR AN ACT ENTITLED, An Act to   allow postsecondary technical institutes to engage in business-type activities.

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

     HB 1115   Introduced by:  Representatives Dykstra, Faehn, Gillespie, Halverson, Hargens, Krebs, McLaughlin, and Sigdestad and Senators Albers and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   authorize a county auditor to raise additional revenues for education from property taxes due to the results of certain court actions.

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

     HB 1116   Introduced by:  Representatives Dykstra, Faehn, Gillespie, Halverson, Krebs, McLaughlin, and Sigdestad and Senators Albers and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   allow a school district to deny an application for open enrollment or to return an open-enrolled student to the resident district for disciplinary reasons.

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

     HB 1117   Introduced by:  Representatives Novstrup (David), Boomgarden, Cutler, Engels, Feinstein, Gillespie, Halverson, Hanks, Hargens, Krebs, McLaughlin, Miles, Novstrup (Al), and Peters and Senators Albers, Bartling, Dempster, Gray, Heidepriem, Hunhoff, Koetzle, Nesselhuf, Olson (Ed), Schmidt, Sutton, and Turbak

       FOR AN ACT ENTITLED, An Act to   permit the extending of the duration of protection orders.

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

     HB 1118   Introduced by:  Representatives Lust, Ahlers, Brunner, Cutler, Dreyer, Elliott, Hanks, Howie, Kirkeby, McLaughlin, Nygaard, Peters, Rausch, Rhoden, and Van Etten and Senators McNenny, Hoerth, Katus, Lintz, McCracken, and Schmidt

       FOR AN ACT ENTITLED, An Act to   permit counties to sell tax certificates.

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

     HB 1119   Introduced by:  Representatives Lust, Cutler, Dreyer, Elliott, Feinstein, Kirkeby, McLaughlin, Nygaard, Peters, and Rausch and Senators McCracken, Hoerth, Katus, Knudson, McNenny, and Schmidt

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning mechanics' or materialmen's liens.

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

     HB 1120   Introduced by:  Representatives Hanks, Elliott, Kirkeby, Lust, McLaughlin, Noem, Novstrup (Al), and Van Etten and Senators Knudson, Bartling, Gant, Garnos, and Gray

       FOR AN ACT ENTITLED, An Act to   require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

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

     HB 1121   Introduced by:  Representatives Hanks, Cutler, Kirkeby, Krebs, Lucas, McLaughlin, Moore, Nelson, Nygaard, and Rounds and Senators Nesselhuf, Albers, Gant, Kloucek, Knudson, McCracken, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide for the purchase, sale, or transfer of certain solid waste or recyclable materials by local government entities and to revise certain provisions related to the operation of solid waste and recycling facilities.

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

     HB 1122   Introduced by:  Representatives Hanks and Halverson and Senators Gant and Koetzle

       FOR AN ACT ENTITLED, An Act to   revise and update the references to the building codes.

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

     HB 1123   Introduced by:  Representatives Hanks, Boomgarden, Dennert, Elliott, Howie, Kirkeby, McLaughlin, Noem, Novstrup (Al), and Van Etten and Senators Hansen (Tom), Bartling, Gant, Garnos, Gray, Greenfield, McCracken, and Schmidt

       FOR AN ACT ENTITLED, An Act to   provide for the termination of certain parental rights of persons convicted of rape or incest, to provide for restitution in lieu of child support in those cases, to restrict contact with the child, and to provide penalties for violations thereof.

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

     HB 1124   Introduced by:  Representatives Engels, Cutler, Deadrick, Feinstein, Gillespie, Gilson, Lust, Moore, Vehle, and Willadsen and Senators Turbak, Heidepriem, Kloucek, Knudson, Koetzle, Nesselhuf, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   add the solicitation to commit a crime to certain criminal provisions.

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

     HB 1125   Introduced by:  Representatives Nelson and Halverson and Senators Greenfield, Bartling, and Hansen (Tom)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the adoption of municipal sewer utility charges.

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

     HB 1126   Introduced by:  Representatives McLaughlin, Elliott, and Novstrup (Al) and Senators McCracken, Hunhoff, and Turbak

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning municipal sewer service.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 6:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the election procedures for political parties.

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

     SB 13:   FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

     SB 20:   FOR AN ACT ENTITLED, An Act to   require a bachelor's degree for persons applying for a chiropractic license.

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

     SB 63:   FOR AN ACT ENTITLED, An Act to   impose a child support collection fee.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1035:   FOR AN ACT ENTITLED, An Act to   revise the required grade levels for assessment of writing skills.

     Was read the second time.

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

     Which request was granted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that HB 1008, 1058, 1004, 1012, 1067, 1040, 1015, 1059, and 1020 be deferred to Monday, January 22nd, the 9th legislative day.

     Which motion prevailed.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:29 p.m. the House adjourned.

Karen Gerdes, Chief Clerk