JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



TWENTY-SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 14, 2007

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

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

     Roll Call: All members present.

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 twenty-fifth 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 14, 2007

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 13, 2007, I approved House Bills 1006, 1111, and 1127, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1267, 1269, 1270, and 1287 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  25 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  64 and 65 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 State Affairs respectfully reports that it has had under consideration HB 1171 and returns the same with the recommendation that said bill be amended as follows:

1171ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. There is hereby created in the state treasury the education enhancement tobacco tax fund.

     Section 2. That § 10-50-52 be amended to read as follows:

     10-50-52.   The first thirty million dollars in revenue collected annually pursuant to this chapter shall be deposited in the general fund. All revenue in excess of thirty million dollars collected annually shall be deposited in the tobacco prevention and reduction trust fund. Five million dollars of the revenue deposited annually in the tobacco prevention and reduction trust fund pursuant to this section shall be used to implement the tobacco prevention and reduction program. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the property tax reduction fund. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the education enhancement trust tobacco tax fund. Thirty-four percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the health care trust tobacco tax fund.

    Section 3. There is hereby created the teacher compensation assistance program within the Department of Education to provide funds to school districts for the purpose of assisting school districts with teacher compensation. The department shall provide four-fifths of the funds for the teacher compensation assistance program to each participating school district. The Board of Education shall promulgate rules, pursuant to chapter 1-26, to create an oversight board appointed by the secretary of education for approval of applications as well as guidelines for district applications based on district instructional goals, teacher performance, market compensation or other specific district requirements as approved by the department. Participation in the program is discretionary. District applications shall be approved by the local board of education. The applications shall be reviewed by the teacher compensation assistance program oversight board and shall be recommended to the Board of Education for final approval.

     Section 4. The secretary of the Department of Education shall establish seven education service agencies to provide services and leadership to school districts on a regional basis. Each education service agency shall serve the school districts in a particular region of the state as determined by the secretary of education, and the secretary shall ensure that every school district is served by an education service agency. Each education service agency may be incorporated in the state of South Dakota as a nonprofit corporation organized under chapters 47-22 to 47-28, inclusive, which is exempt from taxation pursuant to 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a), and may be listed as an exempt organization in Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), or an education service agency may be directed by an educational cooperative.

     Section 5. Education service agencies are hereby authorized and empowered to develop, manage, and provide support services and programs as determined by the needs of the local school districts and as approved by the secretary of education. An education service agency may:

             (1)    Act primarily as a service agency in providing services and programs as identified and requested by the school districts it serves, including professional development, instructional materials, educational technology, curriculum development, and alternative educational programs;
             (2)    Provide for economy, efficiency, and cost effectiveness in the cooperative delivery and purchase or lease of educational services, materials, and products; the services may include purchasing cooperatives, insurance cooperatives, business management services, auditing and accounting services, school safety and risk prevention training, data processing, and assistance with student records;
             (3)    Provide administrative services such as communications and public relations services, employee background checks, grants management services, printing and publication services, and internship services;
             (4)     Provide educational services through leadership and research and development in elementary and secondary education;
             (5)    Work cooperatively with the Department of Education, institutions of higher education, local school districts, and other educational organizations to support, develop, and implement long-range plans and strategic goals for the enhancement of educational opportunities in elementary and secondary education; and
             (6)    Serve, when appropriate and if funds are available, as a repository, clearinghouse, and administrator of federal, state, local, and private funds on behalf of school districts that may participate in special programs, projects, or grants in order to enhance the quality of education in South Dakota schools.

     Section 6. Each education service agency shall have an advisory board. The advisory board shall meet at least twice a year, and its membership shall include the superintendent or a designee of the superintendent from every school district served by the agency. The advisory board shall provide guidance to the agency relative to the needs of the school districts and how the education service agency might address those needs.

     Section 7. Beginning in 2008, the advisory board for each education service agency shall, upon receiving the approval of the secretary of education, appoint a fiscal agent to oversee the daily operations of the education service agency. Once appointed, the fiscal agent shall serve at the pleasure of the board. However, a board's decision to rescind a fiscal agent's appointment shall be approved by the secretary of education.

     Section 8. A statewide leadership board, composed of the fiscal agent from each education service agency and a representative from the Department of Education, shall be created to establish uniform policies among the education service agencies and to allow for communication and the exchange of ideas.

     Section 9. Upon receiving approval from the Department of Education, each education service agency, with input from both the advisory board and the statewide leadership board, may, as funding permits, contract with other entities to provide services to the school districts it serves.


     Section 10. Each year, the Department of Education shall conduct an assessment and a performance evaluation of each education service agency and submit its findings in writing to the Legislature.

     Section 11. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the evaluation process and the criteria and performance measures the department will use to evaluate the education service agencies.

     Section 12. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 13. For the fiscal year beginning on July 1, 2007, there is hereby appropriated from the education enhancement tobacco tax fund the sum of nine million dollars ($9,000,000), or so much thereof as may be necessary, to the Department of Education and shall be distributed as follows:

             (1)    One million dollars for the teacher compensation assistance program created in section 3 of this Act;
             (2)    One million seven hundred thousand dollars for the education service agencies established in section 4 of this Act;
             (3)    One million five hundred thousand dollars for career and technical education programs;
             (4)    Three million one hundred thousand dollars to apply to any increases in the total cost of foundation program state aid or other educational programs that resulted from legislation enacted during the Eighty-Second Session of the South Dakota Legislature based on the findings of the two-year study of school funding that was undertaken by the Department of Education in 2005; and
             (5)    One million seven hundred thousand dollars to be distributed to school districts on the basis of fall enrollment as defined by this Act.

    Section 14. For the fiscal year beginning on July 1, 2007, there is hereby appropriated from the general fund the sum of five million dollars ($5,000,000), or so much thereof as may be necessary, to the Department of Education and shall be distributed as follows:

             (1)    Four million dollars for the teacher compensation assistance program created in section 3 of this Act; and
             (2)    One million dollars for career and technical education programs.

    Section 15. For the fiscal year beginning on July 1, 2008 and for each fiscal year thereafter, the secretary of education shall expend the monies deposited in the education enhancement tobacco tax fund through the normal budget process as set forth in § 4-7-9. Expenditures from the fund shall support the following education programs:

             (1)    The teacher compensation assistance program created in section 3 of this Act;
             (2)    The education service agencies established in section 4 of this Act;
             (3)    Career and technical education programs; and
             (4)    Other education program expenditures as set forth by the Legislature.
    Section 16. For the purposes of this Act, fall enrollment is the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition. "

     And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 63 and tabled the same.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1107, 1185, 1212, and 1311 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill be amended as follows:

70sb
     On the Senate Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 36-35-12 be amended to read as follows:

     36-35-12.   The board may issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in § 36-35- 17 and who demonstrates the following qualifications:


             (1)      Eighteen years of age or older;
             (2)      Good moral character;
             (3)      High school diploma or equivalent;
             (4)      Completion of no less than five hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board;
             (5)      Absence of unprofessional conduct;
             (6)      Malpractice Professional liability insurance coverage with limits at or above an amount set by the board; and
             (7)      Passing score on an examination administered by a national certification board accredited by the National Commission of Certifying Agencies and in good standing with the National Organization of Competency Assurance approved by the board in rules promulgated pursuant to chapter 1-26 .

     A license issued under this chapter is valid for a period of two years one year from the date it was issued and automatically expires unless it is renewed. The board may refuse to grant a license to any person based on failure to demonstrate the requirements of this section. An applicant may appeal the denial of a license in compliance with chapter 1-26.

     Section 2. That § 36-35-14 be amended to read as follows:

     36-35-14.   For two years following July 1, 2005 Until July 1, 2008 , the board may issue a license to a person who demonstrates completion of a minimum of one hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board or adequate experience derived from the active practice of massage for at least the three years immediately preceding the date of the application. Any person applying for a license under this section is not required to comply with the examination and training or study requirements of § 36-35-12 but shall meet the other criteria set forth in § 36-35-12. Any person applying for a license under this section shall submit an application as required by § 36-35-12 along with proof of active practice for at least three years prior to the date of application.

     Section 3. That § 36-35-17 be amended to read as follows:

     36-35-17.   Any applicant for a license under this chapter shall submit a nonrefundable application fee of one hundred dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount set by the board, but not to exceed three hundred sixty-five dollars.

     Section 4. That § 36-35-19 be amended to read as follows:

     36-35-19.   Any person licensed under this chapter shall complete eight hours of continuing education relating to competence in the practice of massage on an annual a biennial basis in an amount, of a type , and from a facility or instructor approved by the board. No more than four of the required continuing education hours may be obtained by electronic means. The board may waive the continuing education requirement upon proof of illness or hardship.

     Section 5. That chapter 36-35 be amended by adding thereto a NEW SECTION to read as follows:

     The board may issue an inactive massage therapist license upon payment of the application fee.

     Section 6. That § 36-35-24 be amended to read as follows:

     36-35-24.   The board may promulgate rules pursuant to chapter 1-26 in the following areas:

             (1)      The form and information required for any license application;
             (2)      A list of recognized facilities or instructors who may provide training or instruction required for licensure or continuing education requirements;
             (3)      The amount of license fees;
             (4)      The procedures for conducting disciplinary proceedings; and
             (5)      The minimum limits of malpractice insurance to be carried by any person licensed under this chapter ; and
             (6)    The procedures for applying for an inactive license and the procedures to regain active licensure . "

     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  1284 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair
Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1036, 1063, and 1072 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 1250 and returns the same with the recommendation that said bill be amended as follows:

1250ua
     On page 1 of the printed bill, delete line 9 , and insert " one or two cochlear implants to children who are less than five years of age and who suffer any child who suffers from".

1250ub
     On page 1, line 11 of the printed bill, after " . " insert " However, if the child has a documented progressive hearing loss that leads to deafness after speech and language are developed, the child may be less than twenty-one years of age at the time of the implant. ".

     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 1258, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1258ma
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. The Department of Corrections, the Department of Health, and the Department of Human Services may create a program for the purpose of providing intensive methamphetamine treatment for females in the state correctional system.

     Section 2. That section 8 of chapter 26 of the 2006 Session Laws be amended to read as follows:

DEPARTMENT OF HEALTH

    Correctional Health
        F.T.E., delete "71.0" and insert "72.0"
Adjust all totals accordingly.

     Section 3. That section 16 of chapter 26 of the 2006 Session Laws be amended to read as follows:

DEPARTMENT OF CORRECTIONS

    Community Services
        Personal Services, Other Funds, delete "$1,557,291" and insert "$1,842,291"
        Operating Expenses, Other Funds, delete "$1,441,478" and insert "$1,666,478"
        F.T.E., delete "82.5" and insert "89.3"
Adjust all totals accordingly.

     Section 4. That section 17 of chapter 26 of the 2006 Session Laws be amended to read as follows:

DEPARTMENT OF HUMAN SERVICES

    Alcohol & Drug Abuse
        Personal Services, Other Funds, delete "$3,678" and insert "$177,095"

        Operating Expenses, Other Funds, delete "$264,286" and insert "$577,915"
        F.T.E., delete "49.0" and insert "54.0"
Adjust all totals accordingly.

     Section 5. 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."


1258mtb
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "create an intensive methamphetamine treatment program and revise the General Appropriations Act for fiscal year 2007, and to declare an emergency.".

     On page 1 , delete line 2 .

     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 1271, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1271mb
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. The Unified Judicial System may create a drug court program for the purpose of providing intensive, supervised rehabilitation to nonviolent adult felony offenders who abuse controlled substances.

     Section 2. There is hereby appropriated from the general fund the sum of two hundred six thousand five hundred four dollars ($206,504 ), or so much thereof as may be necessary, and 3.0 FTEs to the Unified Judicial System for costs related to the drug court program.

     Section 3. The state court administrator shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

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


1271mtb
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "create a drug court program in the Unified Judicial System and make an appropriation therefor.".

     On page 1 , delete line 2 .

1271mc
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. The Unified Judicial System may create a drug court program for the purpose of providing intensive, supervised rehabilitation to nonviolent adult felony offenders who abuse controlled substances.

     Section 2. There is hereby appropriated from the general fund the sum of two hundred twelve thousand one hundred ninety three dollars ($ 212,193 ), or so much thereof as may be necessary, and 3.0 FTEs to the Unified Judicial System for costs related to the drug court program.

     Section 3. The state court administrator shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 4. 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 1062, 1192, and 1238 and tabled the same.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1243 which was deferred to the 41st Legislative Day.

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1147, 1210, and 1217 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1233 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 166, 168, 187, 198, and 206 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

HONORED GUESTS


     Rep. Vehle introduced Linda Margheim of the Mitchell School District Board of Education on her selection as the 2006-2007 Associated School Boards of South Dakota Outstanding School Board Member.

MOTIONS AND RESOLUTIONS


     Rep. Brunner moved that the House do concur in Senate amendments to HB 1019.

     The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1019.

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles; Moore; Nelson; Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Engels; Faehn; Feinstein; Lucas; Noem; Novstrup (Al); Olson (Ryan); Rounds

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

     Rep. Brunner moved that the House do concur in Senate amendments to HB 1021.

     The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1021.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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; Speaker Deadrick

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

     HCR 1007:   A CONCURRENT RESOLUTION,   Encouraging the Legislature of the State of South Dakota to continue in its practice and to further examine using people first language, which will acknowledge individuals as people before they acknowledge any disability.

     Rep. Thompson moved that HCR 1007 as found on page 485 of the House Journal be adopted.

     The question being on Rep. Thompson's motion that HCR 1007 be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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; Speaker Deadrick

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1007 was adopted.

     Rep. Van Norman moved that the Committee on Education be instructed to deliver HB 1215 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was not supported.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Local Government on HB 1248 as found on page 478 of the House Journal ; also

     Local Government on HB 1302 as found on pages 478 and 479 of the House Journal ; also

     Education on HB 1082 as found on page 479 of the House Journal ; also

     Education on HB 1141 as found on page 480 of the House Journal ; also

     Education on HB 1307 as found on page 481 of the House Journal ; also

     Appropriations on HB 1067 as found on page 481 of the House Journal ; also

     Appropriations on HB 1101 as found on page 482 of the House Journal ; also

     Appropriations on HB 1138 as found on page 482 of the House Journal ; also

     Appropriations on HB 1176 as found on pages 482 and 483 of the House Journal ; also

     Appropriations on HB 1205 as found on page 483 of the House Journal ; also


     Appropriations on HB 1279 as found on page 483 of the House Journal ; also

     Transportation on HB 1189 as found on pages 495 and 496 of the House Journal ; also

     Transportation on HB 1197 as found on page 496 of the House Journal ; also

     Transportation on SB 125 as found on pages 496 and 497 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 166:   FOR AN ACT ENTITLED, An Act to   authorize additional off-sale retail liquor licenses in certain municipalities.

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

     SB 168:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reporting requirements of the juvenile corrections monitor.

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

     SB 187:   FOR AN ACT ENTITLED, An Act to   provide for appropriate emergency health care for rape survivors and to require health care facilities and the Department of Health to provide information to rape survivors.

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

     SB 198:   FOR AN ACT ENTITLED, An Act to   provide for an Open Government Commission.

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

     SB 206:   FOR AN ACT ENTITLED, An Act to   permit and provide for the issuance of certificates of birth resulting in stillbirth.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1231:   FOR AN ACT ENTITLED, An Act to   exempt certain wages from claims in bankruptcy.

     Was read the second time.

     The question being “Shall HB 1231 pass as amended?”

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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; Speaker Deadrick

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that HB 1207 be placed to precede HB 1249 on today's calendar.

     Which motion prevailed.

     HB 1207:   FOR AN ACT ENTITLED, An Act to   provide for the practice of independent midwifery.

     Was read the second time.

1207je

     Rep. Hunt moved that HB 1207 be amended as follows:

     On page 5 of the House Health and Human Services Committee engrossed bill, delete lines 22 to 24 , inclusive, and insert:
"
             (5)    Administration of oxygen, vitamin K, and eye prophylaxis;
             (6)    Medical consultation regarding the administration of medication;".

     On page 6 , delete line 1 .

     On page 6 , delete lines 20 to 23 , inclusive, and insert:     

"

     Section 18. A licensed midwife may administer oxygen, vitamin K, and eye prophylaxis in the practice of midwifery. A licensed midwife may, in the practice of midwifery, obtain, possess, and administer, in consultation with a physician, postpartum antihemorrhagic agents, Rho Gam, and any other medications as appropriate and within the training and experience of the midwife.".

     Which motion prevailed.

1207jf

     Rep. Hunt moved that HB 1207 be further amended as follows:

     On page 1, line 11 of the House Health and Human Services Committee engrossed bill, delete " , " and insert "and".

     On page 1 , line 13, delete " , and carries malpractice insurance " .

     On page 6 , line 5, delete " ; " and insert ".".

     On page 6 , delete lines 6 and 7 .

     Rep. Koistinen called for a division of the House.

    The Speaker declared Rep. Hunt's motion lost.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1207 pass as amended?”

     And the roll being called:

     Yeas 28, Nays 42, Excused 0, Absent 0

     Yeas:
Bradford; Brunner; Buckingham; Davis; Dennert; DeVries; Dykstra; Elliott; Gilson; Hackl; Hanks; Howie; Hunt; Koistinen; Lust; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Rhoden; Steele; Van Norman; Weems; Willadsen

     Nays:
Ahlers; Boomgarden; Burg; Carson; Cutler; Dreyer; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Haverly; Heineman; Hills; Jerke; Juhnke; Kirkeby; Krebs; Lucas; McLaughlin; Miles; Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rounds; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Wick; Speaker Deadrick

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

     HB 1249:   FOR AN ACT ENTITLED, An Act to   establish the teen court grant program and to provide for its purpose.

     Having had its second reading was up for consideration and final passage.

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     Rep. Turbiville moved that HB 1249 be amended as follows:

     On page 2, between lines 5 and 6 of the House Appropriations Committee engrossed bill, insert:

"      Section 5. The Teen Court Association shall submit an annual report to the state treasurer not later than October first of each year. The annual report shall detail the name and location of organizations receiving grant awards. The report shall also contain the amount and duration of such awards, their purpose, and the administrative costs associated with such awards.".


     Which motion prevailed.

1249me

     Rep. Dennert moved that HB 1249 be further amended as follows:

     On page 2, between lines 5 and 6 of the House Appropriations Committee engrossed bill, insert:

"      Section 5. The state treasurer shall transfer the balance of the energy development impact fund created in §  10-39A-8.1 to the teen grant program fund created in section 2 of this Act.".


     On page 2 , after line 7, insert:

"      Section 7. 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.".


     Which motion lost.

     The question being “Shall HB 1249 pass as amended?”

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, 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; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; 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

     Nays:
Olson (Betty)

     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 1222:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions relating to petitions for protection orders.

     Having had its second reading was up for consideration and final passage.

     The question being “Shall HB 1222 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; 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; 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; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Buckingham; Steele

     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 1162:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the sales and distribution of tobacco products.

     Was read the second time.

1162jd

     Rep. Rounds moved that HB 1162 be amended as follows:

     On page 1 of the House Commerce Committee engrossed bill, delete lines 4 to 14 , inclusive.

     Which motion prevailed.

     The question being “Shall HB 1162 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, 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; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; 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

     Nays:
Olson (Betty); Speaker Deadrick

     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 1149:   FOR AN ACT ENTITLED, An Act to   prohibit the firing of a firearm at any school building, vehicle, or premises.

     Was read the second time.

1149rd

     Rep. Lucas moved that HB 1149 be amended as follows:

     On page 1, line 9 of the House Judiciary Committee engrossed bill, after " include " insert " , but are not limited to, ".

     Which motion prevailed.

     The question being “Shall HB 1149 pass as amended?”

     And the roll being called:

     Yeas 34, Nays 36, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Hills; Jerke; Kirkeby; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Novstrup (Al); Nygaard; Olson (Ryan); Sigdestad; Street; Thompson; Vanneman; Vehle; Weems

     Nays:
Boomgarden; Brunner; Buckingham; Davis; Dykstra; Faehn; Gilson; Hackl; Hanks; Haverly; Heineman; Howie; Hunt; Juhnke; Koistinen; Krebs; Noem; Novstrup (David); Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Van Norman; Wick; Willadsen; Speaker Deadrick

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

     Rep. Lucas announced his intention to reconsider the vote by which HB 1149 lost.


      HB 1293:   FOR AN ACT ENTITLED, An Act to   regulate the performance of certain abortions, to reinstate the prohibition against certain acts causing the termination of the life of an unborn human being, and to prescribe a penalty therefor.

     Was read the second time.

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     Rep. Howie moved that HB 1293 be amended as follows:

     On page 2, between lines 11 and 12 of the House State Affairs Committee engrossed bill, insert:

"

             (5)    That a pregnant mother possesses certain intrinsic rights which enjoy affirmative protection under the Constitution of the United States, and under the Constitution and laws of the State of South Dakota, and that among these rights are the fundamental right of the pregnant mother to a relationship with her child, and her fundamental right to make decisions that advance the well-being and welfare of her child;".

     On page 2 , line 12, delete " (5) " and insert "(6)".

     On page 2 , line 22, after " judgment, " insert "consistent with the accepted standards of medical practice,".

     On page 3 , line 1, after " judgment, " insert "consistent with the accepted standards of medical practice,".

     On page 3 , line 2, after " that " insert "an abortion is necessary because".

     On page 3 , line 3, delete " a major bodily function " and insert "the functioning of a major bodily organ or system".

     On page 3 , line 6, delete " an aggravated incest as defined in §  22-22A-3 " and insert "an incest as defined in this Act".

     On page 3 , line 8, delete " date of viability " and insert "completion of the twentieth week following the mother's last menstrual period".

     On page 3 , line 9, after " judgment " insert ", consistent with the accepted standards of medical practice, and as confirmed by a sonogram and other conventional methods".

     On page 4 , line 14, after " services " insert "qualified in counseling victims of rape or incest".

     On page 5 , line 3, delete " July 1, 2007 " and insert "the effective date of this Act".
     On page 5 , line 5, delete " text of § §  22-22-1 and 22-22A-3 " and insert "texts of §  22-22-1, and of the definition of incest in subdivision (4) of section 8 of this Act, and of §  25-1-6".

     On page 6 , between lines 4 and 5, insert:
"
     No woman making a report of incest under this Act is subject to criminal prosecution for the incest.".

     On page 6 , line 5, after " report " insert "of rape or incest".

     On page 6 , delete lines 10 to 13 , inclusive, and insert:
"
             (1)    "Abortion," any procedure upon a pregnant mother, or use of any instrument upon a pregnant mother, or administration of any medicine or drug or substance or device to a pregnant mother, or prescription or procurement or sale of any medicine or drug or substance or device for use by a pregnant mother, with the intent of causing or abetting the termination of the life of an unborn human being; ".

     On page 6 , line 19, delete " . " and insert ";".

     On page 6 , between lines 19 and 20, insert:
"
             (4)    "Incest," an act of sexual penetration, as defined in §  22-22-2, involving persons who are related to each other within the degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to §  25-1-6, or where one of the persons is the child of the perpetrator or the child of a spouse or former spouse of the perpetrator.".

     On page 8 , line 1, delete " a rape " and insert "any conduct that could be a violation of any section of this chapter".

     On page 8 , line 5, delete " an aggravated incest " and insert "any conduct that could be a violation of any section of this chapter".

     Which motion prevailed.

    Rep. Hargens moved the previous question.

    Which motion prevailed.

     The question being “Shall HB 1293 pass as amended?”

     And the roll being called:

     Yeas 45, Nays 25, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Davis; DeVries; Dreyer; Dykstra; Faehn; Gassman; Gillespie; Gilson; Glenski; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Koistinen; Krebs; Lucas; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen

     Nays:
Ahlers; Bradford; Burg; Cutler; Dennert; Elliott; Engels; Feinstein; Hackl; Halverson; Hargens; Kirkeby; Lust; McLaughlin; Nygaard; Olson (Ryan); Pederson (Gordon); Pitts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman; Speaker Deadrick

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Howie moved that the title to HB 1293 be amended as follows:

     On page 1, line 1 of the House State Affairs Committee engrossed bill, after " Act to " insert "refer to a vote of the people a bill to".

     Which motion prevailed and the title was so amended.

     HB 1074:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the support of the state fair.

     Was read the second time.

     The question being “Shall HB 1074 pass?”

     And the roll being called:

     Yeas 64, Nays 6, Excused 0, 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; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Nays:
Hanks; Lust; Olson (Betty); Peters; Van Etten; Wick


     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that SB 17, 39, 7, 15, 94, 83, 96, and 89 be deferred to Thursday, February 15th, the 27th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1147, 1210, 1217, and 1233 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1233 was delivered to his Excellency, the Governor, for his approval at 3:05 p.m. on February 14, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     HB 1210: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning municipal operating agreements.

     HB 1217: FOR AN ACT ENTITLED, An Act to  require certain signs to identify polling places on election day.

     HB 1233: 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.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1007   Introduced by:  Representative Olson (Ryan)

         A LEGISLATIVE COMMEMORATION,  Honoring the memory of the life, personality, and achievements of J.D. Weischedel.

     WHEREAS,  South Dakota suffered the loss of the bright promise of a fine young, twenty- five-year-old rancher, stock contractor, and civic leader when J.D. Weischedel of Onida died of injuries sustained in a tragic accident on September 21, 2006; and

     WHEREAS,  J.D. personified the all-American freshness and potential of rural youth: wrestling for his Sully Buttes High School, singing in the All State Choir, participating in 4-H and high school rodeo, and graduating from Lake Area Tech School before returning home to ranch with his father and grandfather; and

     WHEREAS,  J.D. immediately embarked on an ambitious and successful career as a rodeo stock contractor, assembled a talented herd of bucking bulls, and was actively engaged in reinvigorating the sport of rodeo in central South Dakota through his sponsorship of the Upper Midwest Bullriders Association and the South Dakota Rodeo Association where he and his bulls were already accumulating many honors and awards; and

     WHEREAS,  J.D. loved and cared for all of his bulls like an indulgent parent, but his closest bovine buddy was Pumba, a fifteen-hundred pound, black, muley, animal athlete, whose easy- going personality, love of rodeo, and outstanding ability uncannily mirrored similar human character traits in his fun-loving, quick-witted, and deeply caring master:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the South Dakota Legislature join the multitude of Weischedel kith and kin, the extensive community of friends and neighbors, the arena full of cowboys and bullriding fans, and the pasture of sad-eyed, four-legged orphans who will forever mourn the loss of J.D. Weischedel.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:28 p.m. the House adjourned.

Karen Gerdes, Chief Clerk