JOURNAL OF THE HOUSE
TWENTY-THIRD DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 9, 2007
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 twenty-second 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
1032ua
On page
1,
line 4 of the printed bill,
delete "
fifty thousand
"
and insert "forty thousand
dollars ($
40,000
)".
On page
1
,
line 5,
delete "
dollars ($50,000)
"
.
1032ma
On page
1,
after line 8 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 1060 and returns the same with the recommendation that said bill be amended as follows:
1060ma
On page
1,
line 4 of the printed bill,
delete "
being described as
"
and insert "located in
Pennington County, Lawrence County, Meade County, Custer County, or Butte County.".
On page
1
,
delete lines
5 to 10
, inclusive.
On page
1
,
line 12,
delete "
five hundred thousand dollars ($500,000)
"
and insert "one
dollar ($1)".
1060mta
On page
1,
line 2 of the printed bill,
delete "
in Rapid City
"
.
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 1131 and returns the same with the recommendation that said bill be amended as follows:
1131ma
On page
4 of the House Taxation Committee engrossed bill,
delete lines
8 to 17
, inclusive.
1131mta
On page
1,
line 2 of the House Taxation Committee engrossed bill,
delete "
and to make
"
.
On page
1
,
line 3,
delete "
an appropriation therefor
"
.
1131mb
On page
3,
line 20 of the House Taxation Committee engrossed bill,
delete "
An amount
"
.
On page
3
,
delete lines
21 to 24
, inclusive.
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 1249 and returns the same with the recommendation that said bill be amended as follows:
1249md
On page
2 of the House Judiciary Committee engrossed bill,
delete lines
6 to 8
, inclusive.
1249mtb
On page
1,
line 2 of the House Judiciary Committee engrossed bill,
delete "
funding and
"
.
And that as so amended said bill do pass.
Respectfully submitted,
J.E. “Jim” Putnam, Chair
1169jb
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. There is established the Zaniya Project Task Force, which shall be attached to the
South Dakota Health Care Commission. The task force shall develop a plan, complete with
action steps and timelines, to provide health insurance to South Dakota residents who lack
health insurance coverage. The task force shall seek to create efficiencies in the purchase of
health insurance products. For any new proposal it recommends, the task force shall prepare cost
estimates and designate funding sources. As part of its charge, the task force shall explore and
pursue opportunities available from the federal government.
Section 2. The Zaniya Project Task Force shall be comprised of four legislators and other
members appointed by the Governor as described in this section. The speaker of the House of
Representatives shall appoint two legislators who are members of the House and the president
pro tempore of the Senate shall appoint two legislators who are members of the Senate. The
Governor shall appoint no less than two representatives of each of the following groups:
(1) Health care providers;
(2) Health care facilities;
(3) Insurance carriers and producers;
(4) Employers;
(5) State government;
(6) Lay persons; and
(7) Trade associations.
Section 3. The Zaniya Project Task Force shall provide its final report to the Health Care
Commission, the Governor, and the Legislature by September 30, 2007.
Section 4. The provisions of this Act are repealed on March 1, 2008.
Section 5. 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."
1169jta
On page
1,
line 1 of the printed bill,
delete everything after "
Act to
"
and insert "establish
the Zaniya Project Task Force, to prescribe its mission and composition, and to declare an
emergency.".
On page
1
,
delete lines
2 and 3
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1209 and returns the same with the recommendation that said bill be amended as follows:
1209oa
On page
1 of the printed bill,
remove the overstrikes from line
5
.
On page
1
,
delete line
6
, and insert "monitor shall be kept confidential
. Any confidential
addendum to a report provided by the juvenile corrections monitor, any report provided under
§
26-11A-28, and any
".
On page
1
,
delete lines 9 to 14, inclusive, and insert:
"
Section 2. That
§
26-11A-28
be amended to read as follows:
26-11A-28.
It shall be the responsibility of the
The
monitor
to
shall
report immediately, in
writing, any findings of abuse or neglect in a juvenile corrections facility to the secretary of the
Department of Corrections,
the secretary of the Department of Human Services,
the Government
Operations and Audit Committee created in § 2-6-2, and the Governor, and
to
shall
state in the
report the facts found by the monitor and the names of any individuals who perpetrated the
abuse or neglect.
This report is confidential.
".
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1166 and
1170 and tabled the same.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1295 which was deferred to the 41st Legislative Day.
Respectfully submitted,
Larry Rhoden, Chair
1200ra
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That
§
22-18-35
be amended to read as follows:
22-18-35.
Any person who intentionally causes serious public inconvenience, annoyance,
or alarm to any other person, or creates a risk thereof by:
(1)
Engaging in fighting or in violent or threatening behavior;
(2)
Making unreasonable noise;
(3)
Disturbing any lawful assembly or meeting of persons without lawful authority; or
(4)
Obstructing vehicular or pedestrian traffic;
is guilty of disorderly conduct. Disorderly conduct is a Class 2 misdemeanor.
However, if the
defendant has been convicted of, or entered a plea of guilty to, three or more violations of this
section, within the preceding ten years, the defendant is guilty of a Class 1 misdemeanor.
"
1200jta
On page
1,
line 1 of the printed bill,
delete everything after "
to
"
and insert "increase the
penalty for multiple violations of disorderly conduct.".
On page
1
,
delete line
2
.
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 1222 and returns the same with the recommendation that said bill be amended as follows:
1222ra
On page
1,
line 10 of the printed bill,
after "
or
"
insert "
in cases where
".
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
1203 and
1298 which were deferred to the 41st Legislative Day.
Respectfully submitted,
Joni M. Cutler, Chair
Respectfully,
Trudy Evenstad, Secretary
Respectfully submitted,
Thomas J. Deadrick, Chair
The Speaker publicly read the title to
HB 1010:
FOR AN ACT ENTITLED, An Act to
make an appropriation to provide for the
renovation of the nursing care building on the South Dakota Veterans' Home campus and to
declare an emergency.
HB 1023:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
definition of big game and the possession, transportation, and sale of big game meat and animal
parts.
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.
HB 1039:
FOR AN ACT ENTITLED, An Act to
increase certain fees relating to the Board
of Barber Examiners.
HB 1105:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
immunity from civil liability for the placement and use of automated external defibrillators.
HB 1118:
FOR AN ACT ENTITLED, An Act to
permit counties to sell tax certificates.
HB 1121:
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.
HB 1130:
FOR AN ACT ENTITLED, An Act to
increase the level of expenditures that
may be incurred before requiring the advertisement for bids for the purchase of materials,
supplies, or equipment.
HB 1143:
FOR AN ACT ENTITLED, An Act to
repeal the limitation on liability of local
government agencies and their employees for year 2000 litigation.
And signed the same in the presence of the House.
COMMEMORATIONS
HC 1005
Introduced by:
Representatives Heineman, Ahlers, Boomgarden, Bradford,
Brunner, Buckingham, Carson, Cutler, Davis, Deadrick, Dennert, DeVries, Dreyer, Dykstra,
Elliott, Engels, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Hackl, Halverson, Hanks,
Hargens, Haverly, 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, and Willadsen and Senators Olson (Ed), Abdallah,
Albers, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom),
Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek,
Knudson, Lintz, Maher, McCracken, McNenny, Napoli, Nesselhuf, Peterson (Jim), Schmidt
(Dennis), Smidt (Orville), Sutton, Turbak, and Two Bulls
A LEGISLATIVE COMMEMORATION,
Congratulating and honoring Dr. Rick Melmer on
his election as President-Elect of the Council of Chief State School Officers.
WHEREAS,
the Council of Chief State School Officers (CCSSO) is a national organization
comprised of the public officials who lead state departments of elementary and secondary
education that provides leadership and advocacy on major education issues; and
WHEREAS,
Dr. Rick Melmer, the new President-Elect of the CCSSO, has, since August
2003, served as the secretary of the Department of Education, and during that time, has led the
department with great vision, intelligence, and enthusiasm in meeting challenges such as
complying with No Child Left Behind, working to develop and promote the Governor's 2010
Education Initiative, and working to enhance the services provided by the department; and
WHEREAS,
Dr. Rick Melmer is a life-long educator, a teacher, an administrator, and
someone who has worked tirelessly and been a true advocate for children throughout his career
in education:
NOW, THEREFORE, BE IT COMMEMORATED,
by the Eighty-second Legislature of the
State of South Dakota, that Dr. Rick Melmer be congratulated and honored on his recent
election to the office of President-Elect of the Council of Chief State School Officers.
HC 1006
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, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lucas, Lust,
McLaughlin, Miles, Moore, 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, Van Norman,
Vanneman, Vehle, Weems, Wick, and Willadsen and Senators Nesselhuf, Albers, Bartling,
Dempster, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem,
Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Koetzle, Maher, McCracken,
McNenny, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, and Turbak
A LEGISLATIVE COMMEMORATION,
Commending and honoring Representative Eldon
Nygaard for receiving recognition from the Veterans Consortium Pro Bono Program.
WHEREAS,
Representative Eldon Nygaard, serving as counsel for the American Coalition
for Family Assistance, a nonprofit organization in Brandon, South Dakota, has provided
excellent pro bono representation for veterans appeals cases before the United States Court of
Appeals for Veterans Claims in Washington, D.C., in 2006; and
WHEREAS,
Representative Nygaard has played an important role in the success of the
Veterans Consortium Pro Bono Program's mission of providing free legal assistance to veterans
in claims before the special court in Washington, D.C.; and
WHEREAS,
Representative Nygaard's dedication and excellence has been recognized by
the award of a plaque from the Veterans Consortium bearing the words "Service and Honor":