House Journal 02/01/2007 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 1, 2007

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

The prayer was offered by the Chaplain, Pastor Larry Cass, followed by the Pledge of Allegiance led by House page Jennifer Chase.

Roll Call: All members present, except Rep. Juhnke who was excused.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the sixteenth 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

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1179, 1235, and 1259 and SB 7 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1026 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 3 to 15 , inclusive, and insert:

" Section 1. That § 41-11-10 be amended to read as follows:

41-11-10. The English or European house sparrow, unbanded undomesticated pigeon (rock dove), Eurasian collared dove, and European starling are not included among the birds protected by this chapter. Purple grackle, crow, magpie, brown headed cow bird, red-winged blackbird, Brewers blackbird, rusty blackbird, and the bronzed grackle may be taken when committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. ".

On page 2 , delete lines 1 and 2 .

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

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1174 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HCR 1003 and SB 72 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 Transportation respectfully reports that it has had under consideration HB 1183 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the printed bill, delete " fifteen " and insert " ten ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1234 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1187 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " after July 1, 2007, " .

On page 1 , after line 15, insert:

"
Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

On page 1, line 2 of the printed bill, after " military " insert "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1181 and 1211 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1154 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1165 and 1210 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 Local Government respectfully reports that it has had under consideration HB 1193 and 1216 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Alan Hanks, Chair

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1103 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1002 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 93, 123, and 138 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Putnam moved that the House do concur in Senate amendments to HB 1011.

The question being on Rep. Putnam's motion that the House do concur in Senate amendments to HB 1011.

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; 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

Excused:
Juhnke; Van Norman

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

HCR 1004 Introduced by: Representatives Dykstra, Boomgarden, Brunner, Burg, Carson, Cutler, Davis, Deadrick, Dennert, Dreyer, Elliott, Faehn, Gassman, Gillespie, Gilson, Glenski, Hackl, Halverson, Hanks, Hargens, Haverly, Heineman, Hills, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (David), Nygaard, Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vanneman, Vehle, Weems, and Willadsen and Senators Albers, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, Greenfield, Hansen (Tom), Hauge, Hunhoff, Maher, McCracken, McNenny, Napoli, Olson (Ed), Peterson (Jim), Schmidt (Dennis), and Smidt (Orville)

A CONCURRENT RESOLUTION, Requesting the Congress of the United States to direct the Corps of Engineers to address and rectify problems caused by the accumulation of sediment in the Missouri River main stem reservoirs.

WHEREAS, the Fort Peck Dam, Garrison Dam, Oahe Dam, Big Bend Dam, Fort Randall Dam, and Gavins Point Dam and their associated reservoirs were improved or constructed under the Flood Control Act of 1944; and

WHEREAS, the Missouri River dams were constructed to provide numerous benefits, including flood control, hydro power generation, irrigation and domestic water supply, recreation, and fish and wildlife, with those benefits averaging over one billion dollars per year; and

WHEREAS, the Corps of Engineers 2007 Annual Operating Plan Summary of Engineering Data shows a total annual sediment inflow into the reservoirs of 92,500 acre feet per year; and

WHEREAS, the accumulation of sediment in the reservoirs since they began operation has resulted in the loss of over four million five hundred thousand acre feet of storage, which is the equivalent of one thousand square miles of storage seven and one-half feet deep; and

WHEREAS, the benefits created by the Missouri River dams accrue to all of the United States of America; and

WHEREAS, the Missouri River and its dams are a national resource; and

WHEREAS, the Corps of Engineers, the federal agency assigned the task of operating and maintaining the dams, does not specifically address sediment management in its Annual Operation and Maintenance Plan; and

WHEREAS, the ability of these dams to accumulate and store water for release during times of drought is essential to preservation of water-based benefits over the entire system, from the Fort Peck Dam to the mouth of the Missouri River near St. Louis, Missouri; and

WHEREAS, the extension of the life of and benefits provided by the Missouri River dams and reservoirs is of major importance to the United States:

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 Legislature of the State of South Dakota hereby requests the Congress of the United States of America to direct the Corps of Engineers to immediately begin work to extend the life of the reservoirs into perpetuity through addressing the rectifying of the sediment problem, adopting a life cycle financial analysis, and altering or eliminating the requirement of benefit/cost ratio analysis.

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

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 2^nd, the 18^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1201 as found on 299 of the House Journal ; also

State Affairs on HB 1202 as found on 299 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1309 Introduced by: Representatives Peters and Wick and Senator McNenny

FOR AN ACT ENTITLED, An Act to increase the penalty for selling or giving an alcoholic beverage to certain persons under the age of twenty-one.

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

HB 1310 Introduced by: Representatives Van Norman, Bradford, Feinstein, Gassman, Nygaard, Sigdestad, Street, and Thompson and Senators Bartling, Heidepriem, Kloucek, Koetzle, Maher, and Two Bulls

FOR AN ACT ENTITLED, An Act to provide access to voters for determining voter registration status and the location of polling places.

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

HB 1311 Introduced by: Representatives Van Etten, Brunner, Heineman, Jerke, Miles, Peters, Steele, and Willadsen and Senators Smidt (Orville), Albers, Bartling, and Schmidt (Dennis)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding paternity and termination of parental rights.

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

HB 1312 Introduced by: Representatives Thompson, Ahlers, Dennert, Elliott, Engels, Feinstein, Gassman, Glenski, Jerke, Lucas, Miles, Nygaard, Sigdestad, Street, Van Etten, and Van Norman and Senators Nesselhuf, Bartling, Hoerth, Jerstad, Olson (Ed), and Peterson (Jim)

FOR AN ACT ENTITLED, An Act to direct the Legislative Research Council and the state agencies to use certain approved terminologies when referring to persons with disabilities in the preparation of legislation and rules.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 93: FOR AN ACT ENTITLED, An Act to provide for promotional displays by vehicle dealers under certain conditions.

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

SB 123: FOR AN ACT ENTITLED, An Act to provide that sheriffs receive payment for marshaling assets for an execution of judgment or execution sale even if no sale occurs.

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

SB 138: FOR AN ACT ENTITLED, An Act to place restrictions on the use of certain animal traps.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1144: FOR AN ACT ENTITLED, An Act to limit the transfer of contested Public Utilities Commission cases to the Office of Hearing Examiners.

Was read the second time.

The question being “Shall HB 1144 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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; 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
Juhnke; Putnam; 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.

HB 1150: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to deceptive trade practices.

Was read the second time.

The question being “Shall HB 1150 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
Juhnke; Putnam

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 1180: FOR AN ACT ENTITLED, An Act to repeal certain provisions found to be unconstitutional, which required insurers to obtain a countersignature on policies.

Was read the second time.

The question being “Shall HB 1180 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
Juhnke; Putnam

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

Was read the second time.

The question being “Shall SB 19 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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; 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
Juhnke; Putnam

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.

Speaker Deadrick now presiding

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1068: FOR AN ACT ENTITLED, An Act to revise the criminal penalty for perjury.

Was read the second time.

The question being “Shall HB 1068 pass?”

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

Yeas:
Ahlers; Burg; Carson; Cutler; Dennert; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (David); Nygaard; Pederson (Gordon); Peters; Rausch; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Boomgarden; Bradford; Brunner; Buckingham; Davis; DeVries; Hackl; Hanks; Howie; Jerke; Kirkeby; Koistinen; Moore; Novstrup (Al); Olson (Betty); Olson (Russell); Olson (Ryan); Pitts; Rave; Rhoden; Rounds; Steele; Van Norman

Excused:
Juhnke; Putnam

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 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding notices of claims against governmental entities.

Was read the second time.

The question being “Shall HB 1147 pass?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; 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

Excused:
Juhnke

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 1196: FOR AN ACT ENTITLED, An Act to provide for notice and opportunity to remedy residential construction defects.

Was read the second time.

Rep. Rounds moved that HB 1196 be deferred to Monday, February 5^th, the 19^th legislative day.

Which motion prevailed.

HB 1206: FOR AN ACT ENTITLED, An Act to revise the membership composition of the Executive Board of the South Dakota Legislature.

Was read the second time.

Rep. Hargens moved that HB 1206 be amended as follows:

On page 1, line 10 of the printed bill, after " Senate " insert " or the leader's designee ".

On page 1 , line 11, after " Senate " insert " or the leader's designee ".

On page 1 , line 12, before " , " insert " or the leader's designee ".

On page 1 , line 12, after " Representatives " insert " or the leader's designee ".

Rep. Feinstein called for a division of the House.

The Speaker declared Rep. Hargen's motion lost.

Rep. Feinstein moved the previous question.

Which motion lost.

The question being “Shall HB 1206 pass?”

And the roll being called:

Yeas 20, Nays 49, Excused 1, Absent 0

Yeas:
Brunner; Davis; Dykstra; Faehn; Hanks; Hargens; Heineman; Hunt; Krebs; McLaughlin; Noem; Novstrup (Al); Putnam; Rave; Rhoden; Tidemann; Turbiville; Van Etten; Vanneman; Speaker Deadrick

Nays:
Ahlers; Boomgarden; Bradford; Buckingham; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Elliott; Engels; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Haverly; Hills; Howie; Jerke; Kirkeby; Koistinen; Lucas; Lust; Miles; Moore; Nelson; Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rounds; Sigdestad; Steele; Street; Thompson; Van Norman; Vehle; Weems; Wick; Willadsen

Excused:
Juhnke

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the licensing of commercial drivers.

Was read the second time.

Rep. Rhoden moved that SB 11, 21, 35, 38, 18, 17, 49, and 39 be deferred to Friday, February 2^nd, the 18^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1013, 1081, and 1103 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1004, 1009, 1012, 1015, 1029, 1030, 1044, 1045, 1046, 1057, 1059, 1094, 1095, and 1096 were delivered to his Excellency, the Governor, for his approval at 8:40 a.m., February 1, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the standards for fire-resistant state buildings.

HB 1081: FOR AN ACT ENTITLED, An Act to revise certain provisions to provide that motor vehicle license plates remain with the owner of the plates.

Journal correction: See page 351 of the House Journal.

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:18 p.m. the House adjourned.

Karen Gerdes, Chief Clerk