JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




THIRTY-FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 23, 2007

     The House convened at 12:30 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by House page Lee Bennett.

     Roll Call: All members present except Reps. Bradford and Turbiville who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirtieth 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 23, 2007

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 23, 2007, I approved House Bills 1019, 1021, 1024, 1025, 1040, 1071, 1078, 1079, 1089, 1099, 1114, 1122, 1136, 1152, 1153, 1154, 1160, 1165, 1175, 1226, 1257, and 1259, 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 Taxation respectfully reports that it has had under consideration SB 42, which was removed from the table, and returns the same without recommendation.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 71 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 31 and returns the same with the recommendation that said bill be amended as follows:

31ua
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. There is hereby appropriated from the general fund the sum of forty-six thousand four hundred twenty dollars ($ 46,420 ) to the Department of Education to pay the Dakota Valley school district for general state aid to education which was not received due to an out of court

settlement which resulted in the lowering of the assessed valuation of certain property in Union County after the local effort of the school district had already been calculated by the state.

     Section 2. There is also hereby appropriated from the general fund the sum of four thousand nine hundred ninety-three dollars ($ 4,993 ) to the Department of Education to pay the Dakota Valley school district for state aid to special education which also was not received due to an out of court settlement which resulted in the lowering of the assessed valuation of certain property in Union County after the local effort of the school district had already been calculated by the state.

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


31uta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "appropriate money to the Dakota Valley school district.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill be amended as follows:

53ma
     On page 1, line 13 of the Senate Appropriations Committee engrossed bill, delete " five million dollars ($5,000,000) " and insert "six million five hundred thousand dollars ($ 6,500,000 )".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 59 and returns the same with the recommendation that said bill be amended as follows:

59ua
     On page 1 of the Senate engrossed bill, delete lines 9 to 11 , inclusive.

     On page 5 , delete lines 19 to 23 , inclusive.

     On page 6 , delete lines 9 to 13 , 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 SB 100 and returns the same with the recommendation that said bill be amended as follows:

100ta
     On page 1, line 3 of the printed bill, delete " fifty " and insert "seventy-five".

     On page 1 , line 4, delete " $50,000 " and insert "$75,000".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill be amended as follows:

185oa
     On page 1, line 4 of the printed bill, delete " one million dollars " and insert "eight hundred thousand dollars ($800,000)".

     On page 1 , line 5, delete " ($1,000,000) " .

     And that as so amended said bill do pass.

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

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 206 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 SCR 4 and returns the same with the recommendation that said resolution be concurred in and be placed on the consent calendar.


Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 187 and tabled the same.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  108 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  46 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 SB 165 and returns the same with the recommendation that said bill be amended as follows:

165jd
     On page 9, after line 1 of the Senate Commerce Committee engrossed bill, insert:

"      Section 22. Fees collected pursuant to this Act shall be deposited with the state treasurer in the banking special revenue fund created in §  51A-2-30. Expenditures from the fund shall be appropriated through the normal budget process.".


     And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  118 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 State Affairs respectfully reports that it has had under consideration SJR 9 and returns the same with the recommendation that said resolution be amended as follows:

j9oa
     On page 2 of the printed resolution, remove the overstrikes from line 2 .

     On page 2 , delete line 3 , and insert "legislator may be appointed or to legislative service before January 1, 1993 .".

     And that as so amended said resolution do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  169 and SJR 2 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 74 and 76 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 SB 50, 61, 77, and 78 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 Judiciary respectfully reports that it has had under consideration SB 75 and returns the same with the recommendation that said bill be amended as follows:

75rg
     On page 6 of the Senate Judiciary Committee engrossed bill, delete lines 16 to 21 , inclusive, and insert:


"
     Section 3. That § 34-12D-5 be amended to read as follows:

     34-12D-5.   A living will declaration becomes operative when the declarant is determined by the attending physician and one other physician to be in a terminal condition and , death is imminent, and the declarant is no longer able to make decisions regarding administration of life-sustaining treatment. If the declaration becomes operative, the attending physician and other health-care providers shall act in accordance with the declaration or comply with the transfer requirements of § 34-12D-11 communicate decisions about medical care . ".


     On page 8 , line 21, delete " certified nurse specialist " and insert " clinical nurse specialist ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill be amended as follows:

202rb
     On page 1, after line 12 of the Senate Judiciary Committee engrossed bill, insert:

"      Section 2. That § 43-45-17 be amended to read as follows:

     43-45-17.   For the purposes of §§ 43-45-16 to 43-45-18, inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§ 1001 through 1461, as amended, and in effect on January 1, 2000 2007 , or that is described in § 401, 403(a), 403(b), 408, 408A, or 409 , 414, 457, or 501(a) of the Internal Revenue Code, as amended, and in effect as of January 1, 2000 2007 . The term, employee benefit plan, does not include any employee benefit plan that is excluded from application pursuant to 29 U.S.C. § 1003(b)(1), as amended, and in effect as of January 1, 2000 2007 . ".


     And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1186 was lost on second reading and final passage.



Also MR. SPEAKER:

    I have the honor to return herewith HB 1005, 1056, 1068, 1090, 1093, 1097, 1098, 1151, 1156, 1169, 1182, 1183, 1184, 1187, 1256, and 1278 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1048 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Abdallah, Garnos, and Turbak as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1102.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Cutler moved that the House do concur in Senate amendments to HB 1058.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1058.

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent 1

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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 (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Hargens


     Excused:
Bradford; Putnam; Turbiville

     Absent:
Olson (Russell)

     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. Cutler moved that the House do concur in Senate amendments to HB 1174.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1174.

     And the roll being called:

     Yeas 59, Nays 7, Excused 3, Absent 1

     Yeas:
Ahlers; Boomgarden; 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; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Rausch; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Van Norman; Vehle; Wick

     Nays:
Moore; Pederson (Gordon); Rounds; Vanneman; Weems; Willadsen; Speaker Deadrick

     Excused:
Bradford; Putnam; Turbiville

     Absent:
Olson (Russell)

     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. Rhoden moved that the concurrence in Senate amendments to HB 1241 be deferred to Monday, February 26th, the 32nd legislative day.

     Which motion prevailed.


     Rep. Vehle moved that the House do not concur in Senate amendments to HB 1286 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Vehle, Turbiville, and Dennert.

     Rep. Halverson moved that the Committee on Health and Human Services be instructed to deliver SB 187 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Taxation on SB 41 as found on pages 612 to 614 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 81:   FOR AN ACT ENTITLED, An Act to   remove the reference to party affiliations for independent candidates on the certificate of nomination and the ballot.

     Was read the second time.

     Rep. Van Norman requested that SB 81 be removed from the Consent Calendar.

     Which request was granted.

     SB 79:   FOR AN ACT ENTITLED, An Act to   revise the boundaries of the Black Hills Forest Fire Protection District, to authorize the continuation of activities by certain business affected by the boundary change, and to prohibit the discharge of fireworks within a zone adjacent to the district.

     Was read the second time.

     The question being “Shall SB 79 pass as amended?”

     And the roll being called:



     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Bradford; Putnam; Turbiville

     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 SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that SB 184, 219, 88, 142, 160, 47, 3, 32, 30, 159, 2, 55, 56, 57, 6, 73, 87, and 103 be deferred to Monday, February 26th, the 32nd 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 1005, 1056, 1068, 1090, 1093, 1097, 1098, 1151, 1156, 1169, 1182, 1183, 1184, 1187, 1256, and 1278 and finds the same correctly enrolled.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1005: FOR AN ACT ENTITLED, An Act to  revise the reporting requirements involving sex offense victims.


     HB 1056: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the practice of counseling.

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

     HB 1090: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the explanation of ballot issues and to provide for the procedure to challenge such explanations.

     HB 1093: FOR AN ACT ENTITLED, An Act to  provide for the declaration and administration of certain judicial emergencies.

     HB 1097: FOR AN ACT ENTITLED, An Act to  increase the filing fee for appeals from the decisions, orders, and resolutions of boards of supervisors of townships.

     HB 1098: FOR AN ACT ENTITLED, An Act to  revise the jurisdiction of certain magistrate courts and to declare an emergency.

     HB 1151: FOR AN ACT ENTITLED, An Act to  exempt the sale of coins, currency, and bullion from sales and use taxes.

     HB 1156: FOR AN ACT ENTITLED, An Act to  revise certain requirements concerning the pay and qualifications of petition circulators.

     HB 1169: FOR AN ACT ENTITLED, An Act to  establish the Zaniya Project Task Force, to prescribe its mission and composition, and to declare an emergency.

     HB 1182: FOR AN ACT ENTITLED, An Act to  revise the petition requirements for the formation of an ambulance district.

     HB 1183: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the use of a transporter license plate.

     HB 1184: FOR AN ACT ENTITLED, An Act to  require the Department of Revenue and Regulation to collect and distribute the gross receipts taxes imposed on small telecommunication companies.

     HB 1187: FOR AN ACT ENTITLED, An Act to  provide for the abatement or refund of property taxes on certain owner-occupied single-family dwellings owned by persons in the military and to declare an emergency.

     HB 1256: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2007 regarding appropriations to the Office of School and Public Lands, and to declare an emergency.

     HB 1278: FOR AN ACT ENTITLED, An Act to  require emergency medical technicians to be trained in the administration of epinephrine.


     SB 7: FOR AN ACT ENTITLED, An Act to  establish certain fees to provide for air quality permitting, inspecting, and compliance services to ethanol production plants.

     SB 17: FOR AN ACT ENTITLED, An Act to  require each applicant for licensure as a chiropractor in South Dakota or a licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

     SB 25: FOR AN ACT ENTITLED, An Act to  revise certain requirements regarding the ability of the Public Utilities Commission to regulate the sale or other disposition of the property, plant, business, or stock of electric or gas public utilities.

     SB 62: FOR AN ACT ENTITLED, An Act to  allow for the electronic service of orders to withhold income in the collection of child support.

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

     SB 89: FOR AN ACT ENTITLED, An Act to  adopt the Uniform Prudent Management of Institutional Funds Act.

     SB 94: FOR AN ACT ENTITLED, An Act to  require a motor vehicle manufacturer to reimburse a consumer for excise tax and license and registration fees if a vehicle is replaced under lemon law provisions.

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

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:14 p.m. the House adjourned.

Karen Gerdes, Chief Clerk