JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



THIRTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 26, 2007

     The House convened at 12:15 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House pages Corbin Cleary and Lauren Olson.

     Roll Call: All members present except Reps. Ahlers, Bradford, Brunner, Dennert, Gassman, Gillespie, Hanks, Juhnke, Lucas, Rhoden, Sigdestad, Street, and Willadsen 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,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1056 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1017 and 1027 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1018 and returns the same with the recommendation that said bill be amended as follows:

1018ma
     On page 1, after line 9 of the printed bill, insert:

"      Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2008, shall revert in accordance with §   4-8-21.".


     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 1075 and returns the same with the recommendation that said bill be amended as follows:

1075ma
     On page 1, between lines 9 and 10 of the printed bill, insert:

"      Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2008, shall revert in accordance with §   4-8-21.".


     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 1005 and returns the same with the recommendation that said bill be amended as follows:

1005ua
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as follows:

     If a law enforcement officer arrests a person for a sex offense, as set forth in this chapter, and the offense involves a victim eighteen years of age or older, the officer shall report information regarding the crime to the Department of Social Services. The reports required herein shall be submitted quarterly to the department in a written or electronic format provided by the department and shall not include the name, address, or social security number of the victim. The department shall maintain a database of such reports and shall make information regarding the incidence and frequency of sex offenses available to the public."

1005uta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise the reporting requirements involving sex offense victims.".

     On page 1 , delete line 2 .

     And that as so amended said bill be referred to the Committee on Judiciary.

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

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1090, 1091, 1093, and 1097 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  1086 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Joni M. Cutler, Chair
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 19, 83, and 88 which have passed the Senate and your favorable consideration is respectfully requested.

Also 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 1003, 1042, 1043, 1049, and 1055 which have passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Dykstra moved that the rules be suspended for the sole purpose of extending the deadline by two days for unlimited bill and joint resolution introduction, the deadline for drafts with sponsors to be in LRC, the deadline for the final day to introduce individual bills and joint resolutions, and the deadline for the final day to introduce committee bills and joint resolutions.

     The question being on Rep. Dykstra's motion that the rules be suspended for the sole purpose of extending the deadline by two days for unlimited bill and joint resolution introduction, the deadline for drafts with sponsors to be in LRC, the deadline for the final day to introduce individual bills and joint resolutions, and the deadline for the final day to introduce committee bills and joint resolutions.

     And the roll being called:

     Yeas 57, Nays 0, Excused 13, Absent 0

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

     Excused:
Ahlers; Bradford; Brunner; Dennert; Gassman; Gillespie; Hanks; Juhnke; Lucas; Rhoden; Sigdestad; Street; Willadsen

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

     HCR 1002   Introduced by:  Representatives Vanneman, Brunner, Deadrick, Dreyer, Halverson, Hargens, Juhnke, Nelson, Noem, Rounds, Sigdestad, and Turbiville and Senators Hansen (Tom), Duenwald, Gant, McNenny, and Peterson (Jim)

         A CONCURRENT RESOLUTION,  Expressing support for the South Dakota coordinated natural resources conservation plan.

     WHEREAS,  the Legislature is aware the state's natural resources are the foundation of our area's quality of life and economic health; and

     WHEREAS,  while South Dakotans currently enjoy the benefits of our natural resources, they are also responsible for ensuring that future generations have the same opportunities; and

     WHEREAS,  South Dakota's conservation districts and state conservation commission have developed a joint coordinated plan that creates a framework of opportunity for all South Dakotans to voluntarily participate in caring for our natural resources; and

     WHEREAS,  the coordinated plan for natural resources includes broad goals that promote local flexibility to address natural resource priorities and objectives:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- second Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature supports the South Dakota coordinated plan for natural resources as a means of ensuring the sustained conservation and wise use of the natural resources of the great state of South Dakota.

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


CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on HB 1025 as found on page 192 of the House Journal ; also

     Transportation on SB 11 as found on pages 192 and 193 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1225   Introduced by:  Representatives Vanneman, Brunner, Deadrick, Dreyer, Halverson, Hargens, Juhnke, Nelson, Noem, Pitts, Rounds, Street, Turbiville, Vehle, and Willadsen and Senators Hansen (Tom), Duenwald, Gant, McNenny, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   revise the title of the coordinated soil and water conservation fund and coordinated soil and water conservation plan.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1226   Introduced by:  Representatives Boomgarden, Dykstra, Jerke, and Nygaard and Senators Nesselhuf, Albers, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to water project district voter eligibility and qualification of directors.

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

     HB 1227   Introduced by:  Representatives Bradford, Dennert, Elliott, Feinstein, Halverson, Sigdestad, and Van Norman and Senators Katus and Hanson (Gary)

       FOR AN ACT ENTITLED, An Act to   prohibit the issuance of certain alcoholic beverage licenses for establishments located near Bear Butte.

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

     HB 1228   Introduced by:  Representative Moore and Senators Koetzle and Abdallah

       FOR AN ACT ENTITLED, An Act to   require the secretary of the Department of Revenue and Regulation to mail cigarette stamps by registered mail when requested by any licensed distributor.

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

     HB 1229   Introduced by:  Representative Moore

       FOR AN ACT ENTITLED, An Act to   reduce the taxes on cigarettes and tobacco products and to revise the distribution of the revenue from cigarettes and tobacco products.

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

     HB 1230   Introduced by:  Representatives Moore and Peters and Senators Hanson (Gary) and Napoli

       FOR AN ACT ENTITLED, An Act to   prohibit the Board of Regents from increasing the rate of tuition paid by full-time, undergraduate students under certain circumstances.

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

     HB 1231   Introduced by:  Representatives Cutler, Engels, Feinstein, Gillespie, Halverson, Krebs, and Lust and Senators Knudson and Turbak

       FOR AN ACT ENTITLED, An Act to   exempt certain wages from claims in bankruptcy.

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

     HB 1232   Introduced by:  Representatives Dykstra, Brunner, Cutler, Deadrick, Dreyer, Feinstein, Gilson, Halverson, Hills, Juhnke, Kirkeby, Krebs, Lust, McLaughlin, Nygaard, Olson (Ryan), Peters, Pitts, Rausch, Rave, Tidemann, Turbiville, Wick, and Willadsen and Senators Dempster, Duenwald, Gant, Garnos, Hansen (Tom), Hanson (Gary), Heidepriem, Katus, Koetzle, McCracken, and Turbak

       FOR AN ACT ENTITLED, An Act to   provide for the establishment of special development districts and to authorize the issuance of certain restricted alcoholic beverage licenses in such districts.

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

     HB 1233   Introduced by:  Representatives Deadrick and Juhnke and Senators Gant and Garnos

       FOR AN ACT ENTITLED, An Act to   revise the publishing requirement for school board vacancies in newly created school districts, to revise the deadline by which candidates for new school boards must file nominating petitions, and to declare an emergency.

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

     HB 1234   Introduced by:  Representatives Novstrup (Al), Dennert, Elliott, McLaughlin, and Thompson and Senators Greenfield and Hoerth

       FOR AN ACT ENTITLED, An Act to   adjust the period of time requiring the use of lighted front and real lamps on motor vehicles.

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

     HB 1235   Introduced by:  Representatives Turbiville, Ahlers, Faehn, Gilson, Hills, and Pitts and Senators Hauge, Duenwald, Greenfield, Hanson (Gary), Koetzle, and Lintz

       FOR AN ACT ENTITLED, An Act to   authorize the trapping and hunting of certain furbearing animals by nonresidents.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1236   Introduced by:  Representatives Dykstra, Gillespie, Krebs, and McLaughlin and Senators Albers, Abdallah, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   allow the Department of Education to enter into certain enrollment agreements with the State of Iowa.

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

     HB 1237   Introduced by:  Representatives Hackl, Bradford, Davis, DeVries, Haverly, and Wick and Senators Napoli and Apa

       FOR AN ACT ENTITLED, An Act to   limit lobbying by executive and judicial agency representatives.

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

     HB 1238   Introduced by:  Representatives Hackl, Halverson, Pitts, Street, Tidemann, and Weems and Senators Smidt (Orville), Gant, Maher, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   allow the Board of Regents to independently acquire products and services relative to information technology.

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

     HB 1239   Introduced by:  Representatives Ahlers, Burg, Dennert, Elliott, Engels, Feinstein, Gassman, Gilson, Halverson, Hargens, Hills, Nygaard, Sigdestad, Thompson, and Van Norman and Senators Heidepriem, Albers, Bartling, Dempster, Hoerth, Jerstad, Katus, Kloucek, Koetzle, Nesselhuf, Peterson (Jim), Turbak, and Two Bulls

       FOR AN ACT ENTITLED, An Act to   revise the index factor used to determine the per student allocation of state aid to education.

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

     HB 1240   Introduced by:  Representatives Kirkeby, Bradford, Brunner, Dreyer, Hanks, Hargens, Haverly, Juhnke, Lucas, Lust, Nelson, Nygaard, Olson (Betty), Olson (Russell), Pederson (Gordon), Peters, Rausch, Rounds, Thompson, Turbiville, Van Etten, and Willadsen and Senators Napoli, Abdallah, Apa, Greenfield, Katus, McCracken, Olson (Ed), and Schmidt (Dennis)

       FOR AN ACT ENTITLED, An Act to   revise the filing deadlines for the nomination of certain independent candidates.

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

     HB 1241   Introduced by:  Representatives Olson (Russell), DeVries, Gassman, Gilson, Halverson, Haverly, Hills, Jerke, Kirkeby, Krebs, McLaughlin, Novstrup (David), Olson (Ryan), Rausch, Steele, Weems, and Wick and Senators McCracken and Koetzle

       FOR AN ACT ENTITLED, An Act to   allow the Board of Regents to sell certain used computers through university bookstores.

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

     HB 1242   Introduced by:  Representative Elliott and Senator Hundstad

       FOR AN ACT ENTITLED, An Act to   provide for the reimbursement of attorney's fees and costs for certain reinstated public employees and to make an appropriation to reimburse Mr. Marland Eldredge for such costs and fees.

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

     HB 1243   Introduced by:  Representatives Novstrup (Al), Davis, Dennert, Elliott, Hackl, Halverson, Jerke, Kirkeby, Novstrup (David), Nygaard, Sigdestad, and Thompson and Senators Hundstad, Duenwald, Hanson (Gary), Hoerth, Maher, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   provide for tourism regions in the state, to provide for the distribution of tourism promotion funds to those regions, and to provide an additional appropriation for tourism promotion.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 19:   FOR AN ACT ENTITLED, An Act to   revise the fee for certain licenses issued by the Board of Funeral Services.

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

     SB 83:   FOR AN ACT ENTITLED, An Act to   revise the eligibility qualifications for an assessment freeze of single-family dwellings.

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

     SB 88:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Child Abduction Prevention Act.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Rep. Dykstra moved that the balance of the calendar, which includes SB 13 and HB 1016, 1073, 1136, 1118, 1121, and 1127 and SB 21 be deferred to Monday, January 29th, the 14th legislative day.

     Which motion prevailed.


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1014 was delivered to his Excellency, the Governor, for his approval at 8:40 a.m., January 26, 2007.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1003, 1042, 1043, 1049, and 1055 and finds the same correctly enrolled.

Respectfully submitted,
Thomas Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

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

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

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

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

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 12:47 p.m. the House adjourned.

Karen Gerdes, Chief Clerk