House Journal 02/02/2007 1:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 2, 2007

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

The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by House pages Katie Aurand and Jessie Sonn.

Roll Call: All members present except Reps. Gillespie, Hunt, Krebs, Betty Olson, and Vehle who were 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 seventeenth 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.

COMMUNICATIONS AND PETITIONS

February 2, 2007

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 1, 2007, I approved House Bills 1009, 1012, 1015, 1029, 1030, 1044, 1045, 1046, 1057, 1059, 1094, 1095, and 1096, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

The Committee on Education respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1106 and 1116 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1296 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1278 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 3 of the printed bill, delete " vehicle " and insert "basic life support ambulance or rescue unit".

On page 2 , line 5, delete " vehicle " and insert "basic life support ambulance or rescue unit".

On page 1, line 1 of the printed bill, delete " medial " and insert "medical".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 15 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the Senate Health and Human Services Committee engrossed bill, delete line 7 , and insert " § 13-49-27.1;".

On page 1 , delete line 8 .

And that as so amended 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 1064 and 1100 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 1065 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13 of the printed bill, delete " Section 4. " .

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 HB 1069, 1152, and 1153 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 1158 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the printed bill, overstrike " rent or " .

On page 1 , line 5, delete " including " and insert " computers, ".

On page 1 , line 6, delete " computer usage, " .

On page 1 , line 12, overstrike " suit for " .

On page 1 , line 13, after " occupancy " insert " , including the use of school computers by students ".

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 1249 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, after " court " insert "grant".

On page 1 , line 4, delete " Unified Judicial System " and insert "Office of the State Treasurer".

On page 1 , line 8, after " court " insert "grant program".

On page 1 , line 9, delete " Unified Judicial System " and insert "Office of the State Treasurer".

On page 1 , line 11, delete " court administrator " and insert "treasurer".

On page 2 , line 6, after " court " insert "grant program".

On page 2 , line 8, delete " court administrator " and insert "treasurer".

And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1257 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1172 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 8 to 12 , inclusive.

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 1137 and tabled the same.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

I have the honor to transmit herewith SB 10, 73, 96, 111, 153, and 160 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1028 and 1080 which have passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 2 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 Katherine Aurand, Levi Bietz, Jennifer Chase, Corbin Cleary, Dana Hauk, Skyler Johnson, Nicole Lefers, Alexandra Lindemann, Connor McKee, Lauren Olson, Tony Schaefbauer, Ashley Schnell, Jessie Sonn, and Ashlyn Swanson.

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 2 be adopted.

Which motion prevailed and the resolution was adopted.

Rep. Dykstra moved that the balance of the calendar, which includes the adoption of HCR 1004 and HCR 1003 and HB 1165 and 1210 and SB 72 and HB 1073, 1131, 1201, 1202, 1179, 1235, 1259, 1174, 1184, and 1154 and SB 11, 21, 35, 38, 18, 17, 49, 39, and 7 be deferred to Monday, February 5^th, the 19^th legislative day.

Which motion prevailed.

HCR 1005 Introduced by: Representatives Elliott, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Burg, Carson, Cutler, Davis, Deadrick, Dennert, DeVries, Dreyer, Dykstra, Engels, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Hackl, Halverson, Hanks, Hargens, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Kirkeby, Krebs, Lucas, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Betty), Olson (Russell), Olson (Ryan), Peters, Pitts, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen and Senators Olson (Ed), Abdallah, Albers, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Koetzle, Lintz, Maher, McCracken, Napoli, Nesselhuf, Peterson (Jim), Smidt (Orville), Sutton, Turbak, and Two Bulls

A CONCURRENT RESOLUTION, Expressing the Legislature's regret for the loss of Eleanor McGovern.

WHEREAS, Eleanor McGovern was a life-long resident of South Dakota; and

WHEREAS, Eleanor and her husband, Senator George McGovern, supported and worked tirelessly for the State of South Dakota, most notably for Food for Peace and other nutrition related programs; and

WHEREAS, Eleanor dedicated her life's work to improving the lives of children and their families by writing articles on domestic to international issues and traveling across the nation to address groups about women's roles, family life, and child development; and

WHEREAS, Eleanor was an advocate for victims of alcoholism:

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 extends its sorrow for the loss of Eleanor McGovern, its hope for her family at this time, and its gratitude to her for her efforts for the state.

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

HCR 1006 Introduced by: Representatives Sigdestad, Burg, Davis, Dennert, Dykstra, Elliott, Faehn, Feinstein, Gassman, Gillespie, Gilson, Hackl, Halverson, Hargens, Hills, Hunt, Lucas, Lust, McLaughlin, Moore, Nelson, Novstrup (Al), Novstrup (David), Rounds, Street, and Thompson and Senators Hoerth, Bartling, Duenwald, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Peterson (Jim), Sutton, and Turbak

A CONCURRENT RESOLUTION, Encouraging the Board of Regents to approve the creation of a Mandarin Chinese major curriculum at Northern State University.

WHEREAS, the economies of China and Taiwan are two of the fastest growing economies in the world, with gross domestic product growth rates in 2006 of ten and one-half percent and four and four-tenths percent, respectively; and

WHEREAS, considering that economic vitality, it is crucial to South Dakota's future that people in our state have the ability to converse with the Chinese and Taiwanese in order to open more markets for South Dakota-made products; and

WHEREAS, Mandarin is the official language of both the People's Republic of China and the Republic of China (Taiwan), and Northern State University (NSU) is the home of the South Dakota International Business Institute, the preeminent institute for international business studies in the state; and

WHEREAS, Mandarin Chinese instruction would complement the International Business Studies major at NSU and allow our students to compete at a higher level in the global labor market:

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 hereby encourages the Board of Regents to approve the creation of a Mandarin Chinese major curriculum at Northern State University.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1026 as found on page 302 of the House Journal ; also

Transportation on HB 1183 as found on page 303 of the House Journal ; also

Taxation on HB 1187 as found on page 303 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10: FOR AN ACT ENTITLED, An Act to revise certain requirements and procedures regarding the one-call notification system for excavation activities.

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

SB 73: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning precinct boundaries and polling places.

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

SB 96: FOR AN ACT ENTITLED, An Act to provide property tax benefits to certain disabled veterans.

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

SB 111: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2006.

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

SB 153: FOR AN ACT ENTITLED, An Act to provide for the suspension of certain county officials pending completion of criminal prosecutions.

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

SB 160: FOR AN ACT ENTITLED, An Act to require timely honoring of rebates and to provide a private cause of action.

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

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

The Committee on Education respectfully reports that it has had under consideration HB 1233 and returns the same with the recommendation that 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 1241 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, 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 " bookstores " insert "and to declare an emergency".

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 1198, 1215, and 1230 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 58.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1011, 1028, and 1080 and finds the same correctly enrolled.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1011: FOR AN ACT ENTITLED, An Act to make an appropriation to provide for the renovation of the National Guard armory in Brookings and to declare an emergency.

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of physician assistants.

HB 1080: FOR AN ACT ENTITLED, An Act to revise the definition of gross receipts for sales tax purposes.

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:35 p.m. the House adjourned.

Karen Gerdes, Chief Clerk