The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House pages Alec Adamski and Rebecca Runge.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirty-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.
The Honorable Val Rausch
Speaker of the House of Representatives
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Mr. Speaker and Members of the House of Representatives:
I herewith return to you House Bill 1146 with my VETO.
House Bill 1146 is entitled, "An Act to limit copayment or coinsurance amounts for chiropractic
services."
I ask you to sustain this veto because HB 1146 limits consumer choice, acts as another
unnecessary government mandate, and may create a new, substantial ongoing expense for the
state.
House Bill 1146 prohibits insurance companies from offering policies that charge higher copays
for chiropractic care than for primary physician care. As a result, consumers and employers
would not be allowed to choose policies with varying chiropractic copays. This means fewer,
more expensive choices for purchasers of health insurance.
If enacted, this bill adds to an already extensive list of 23 mandates in law relating to health
insurance coverage. Another health insurance mandate restricts the ability of health plans,
including the state employee plan, to negotiate rates with separate health care provider groups
such as physicians, dentists, and hospitals. Every mandate is one additional item that is not
subject to negotiation, meaning higher costs for plan members.
Furthermore, the bill could create a new, substantial ongoing expense for the state. The Federal
Patient Protection and Affordable Care Act requires the state to pay any benefits over and above
"essential benefits", a term that is still undefined. If lower chiropractic care copays are not
considered "essential benefits", a distinct possibility, the state would be required to pay them.
Lastly, the phrase "or practitioner for the same or similar diagnosed condition" is unclear as to
what types of treatment must be subject to equal copayments. Would surgical treatment for a
back injury be subject to the same copayments as chiropractic care for the same diagnosed
condition? The bill as written lacks the necessary statutory clarity.
Therefore, in order to prevent higher health insurance premiums and avoid a significant future
financial liability for the State of South Dakota, I respectfully request that you sustain my veto.
Respectfully submitted,
Dennis Daugaard
Governor
cc: The Honorable Matt Michels
The Honorable Jason Gant
The Honorable Val Rausch
Speaker of the House of Representatives
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Mr. Speaker and Members of the House of Representatives:
I respectfully return to you House Bill 1192 with my VETO.
House Bill 1192 is entitled, "An Act to increase certain registration fees for the use of motor
vehicles on the public highways."
I oppose raising taxes. As our economy emerges from a serious worldwide recession, we cannot
afford to increase taxes and put additional costs on businesses and families. Although HB 1192
increases vehicle license registration "fees," and does not raise taxes per se, it implements a very
broad-based fee increase of more than $30 million that will impact almost every South Dakotan.
Now is not the time to impose this increase.
Counties and townships have other options to generate revenue for roads. They can generate
revenue with a property tax "opt out." Rather than forcing a statewide increase in registration
fees, counties and townships who need additional revenue can go to their voters and make use
of this option.
In addition, most counties have not yet exercised their option to generate revenue by
implementing their full wheel tax to the $4 per wheel allowed. At this time, 27 counties have
implemented the maximum $4 per wheel tax. Twelve counties have a $2 wheel tax and 23
counties have no wheel tax at all. Two counties have a variable rate depending on the weight
class (ranges from $2 to $4).
The time may come when the state will need to comprehensively reevaluate funding of our
transportation system. I understand that South Dakota faces challenges in infrastructure funding
and that we need to consider a realistic long-term solution. However, we cannot do this while
there is still great uncertainty in the future of federal highway funding. Until Congress
reauthorizes the federal highway bill, we cannot evaluate with certainty the need for further
support at the state and local level.
Another factor to consider is the great deal of uncertainty in the future for federal highway funding. The President released his proposed transportation budget a little over a week ago and we do not know what the future federal funding will be. Federal funding will impact the amount of need on the county roads. Before passing significant fee increases during a recession, I urge
you to wait until we can determine with some certainty the level of federal assistance counties
and the state can anticipate and thus the remaining amount of need to be met by the state as a
whole to take care of all public roads in South Dakota instead of just a portion of them.
Respectfully submitted,
Dennis Daugaard
Governor
DD:js
cc: The Honorable Matt Michels
The Honorable Jason Gant
Rep. Gosch moved that the report of the Conference Committee on HB 1208 as found on
pages 698 to 701 of the House Journal be adopted.
Rep. Brunner moved as a substitute motion that the House do not adopt the report of the
Conference Committee on HB 1208 and do not appoint a new committee.
The question being on Rep. Brunner's substitute motion to not adopt the report of the
Conference Committee on HB 1208 and to not appoint a new committee.
And the roll being called:
Yeas 33, Nays 26, Excused 11, Absent 0
Yeas:
Abdallah; Blake; Boomgarden; Brunner; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley;
Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Kirschman; Kloucek; Liss;
Lucas; Miller; Munsterman; Russell; Sigdestad; Sly; Street; Turbiville; Van Gerpen; Venner;
Verchio; Wick; Willadsen; Wismer
Nays:
Conzet; Cronin; Deelstra; Gosch; Greenfield; Haggar; Hansen (Jon); Hoffman; Hunt; Juhnke;
Killer; Kirkeby; Kopp; Magstadt; Moser; Nelson (Stace); Novstrup (David); Rozum; Schaefer;
Solum; Steele; Stricherz; Tornow; Tulson; Vanneman; Speaker Rausch
Excused:
Bolin; Carson; Dennert; Dryden; Lust; Olson (Betty); Perry; Romkema; Schrempp; White;
Wink
So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.
Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, David
Novstrup, and Fargen.
Rep. Cronin moved that the House do now recess until 1:00 p.m., which motion prevailed
and at 10:33 a.m., the House recessed.
The House reconvened at 1:00 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 8.
Rep. Lust moved that a committee of three be appointed to a Select Committee relative to
appointments to the 2011 Legislative Redistricting Committee.
Which motion prevailed the Speaker appointed Rep. Rausch, Lust, and Bernie Hunhoff.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on
Friday, March 11th, the 37th legislative day.
Which motion prevailed.
Rep. Kirkeby moved that consideration of the executive veto on HB 1146 be deferred to
Monday, March 28th, the 38th legislative day.
Which motion prevailed.
The House proceeded to the reconsideration of HB 1192 pursuant to the veto of the
Governor and the veto message found on page 713 of the House Journal as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.
And the roll being called:
Yeas 53, Nays 16, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Dennert; Dryden; Elliott;
Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hickey; Hoffman; Hubbel; Hunhoff
(Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Lucas; Lust; Magstadt;
Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Schrempp;
Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Vanneman; Verchio; White;
Willadsen; Wink; Wismer; Speaker Rausch
Nays:
Conzet; Gosch; Haggar; Hansen (Jon); Jensen; Juhnke; Kloucek; Kopp; Liss; Nelson (Stace);
Olson (Betty); Russell; Tornow; Van Gerpen; Venner; Wick
Excused:
Deelstra
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed, the veto of the Governor notwithstanding.
There being no objection, the House reverted to Order of Business No. 6.
Your Select Committee appointed on Legislative Redistricting respectfully reports that it
has had under consideration the appointments to the 2011 Legislative Redistricting Committee
and recommends that the following members be appointed by the Speaker:
Representative Rausch Representative Juhnke
Representative Kirkeby Representative Bolin
Representative Gosch Representative Lust
Representative Fargen Representative Wismer.
Respectfully submitted,
Val Rausch
David Lust
Bernie Hunhoff
House Committee
Which motion prevailed.
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on HB 1208 and has appointed Sens. Garnos, Schlekeway,
and Bradford as a new 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.
Rep. Lust moved that the House do now recess until 4:00 p.m., which motion prevailed and
at 1:52 p.m., the House recessed.
The House reconvened at 4:00 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1251 and returns the same with the recommendation that said bill be amended as follows:
" (15) Conservation Reserve Enhancement Program - Informational
Personal Services $0 $0 $ 987 $ 987
Operating Expenses $0 $0 $16,350 $16,350
Total $0 $0 $17,337 $17,337
F.T.E. 0.0
(16) Educational Enhancement Funding Corporation - Informational
Personal Services $0 $0 $ 32,000 $ 32,000
Operating Expenses $0 $0 $130,500 $130,500
Total $0 $0 $162,500 $162,500
F.T.E. 0.0".
Adjust all totals accordingly.
DESCRIPTION: South Dakota Building Authority - Informational and South Dakota Health
and Education Facilities Authority - Informational: This amendment makes adjustments to the
FY12 budget between personal services and operating expenses. It also adds two new
informational sections for the Conservation Reserve Enhancement Program (CREP) and the
Education Enhancement Funding Corporation (EEFC). (BFM 1)
Adjust all totals accordingly.
DESCRIPTION: Governor's Office of Economic Development - This amendment adds
$4,811,546 in other fund expenditure authority to allow the Governor's Office of Economic
Development to spend increased Future Fund Revenues. (BFM 4)
Adjust all totals accordingly.
Adjust all totals accordingly.
DESCRIPTION: Department of Social Services - Since SB191 now allows for the continuation
of the Sales Tax on Food Refund program, the Department needs 0.2 FTE to administer the
program. The FTE is funded by the current special appropriation. (BFM 3)
Adjust all totals accordingly.
DESCRIPTION: Department of Social Services - This amendment adds $31.7 million in federal
fund expenditure authority in the Department of Social Services for Health Information
Technology. This funding is for federal incentive payments to qualifying hospitals and
independent practitioners to implement meaningful use of health information technology.
(BFM 2)
Adjust all totals accordingly.
DESCRIPTION: Department of Veterans' Affairs - Due to the passage of SB52 (the bonding
bill for the new Vets' Home) this expenditure authority is needed in order to draw down the
Federal Funds from the VA. (BFM 6)
Adjust all totals accordingly.
DESCRIPTION: Departments of Social Services, Human Services, Corrections and the Unified
Judicial System_This amendment moves funds from DSS to DHS, DOC, and UJS in order to
adjust the amounts being cut from providers. (BFM7)
Adjust all totals accordingly.
DESCRIPTION: Board of Regents: Realign the cuts between the South Dakota School for the
Blind and Visually Impaired and the South Dakota School for the Deaf.
Adjust all totals accordingly.
DESCRIPTION: Continue funding for the autism grant less a 10% reduction using other funds
from DHS-Other Fees.
Adjust all totals accordingly.
DESCRIPTION: Secretary of State: Align anticipated personal services and operating
expenses; restores funding for activities which were to be replaced by online annual report
project which has not been completed.
Adjust all totals accordingly.
DESCRIPTION: UJS. Adjust general fund authority between personal services and operating
expenses and increase Other Funds in order to comply with the Governor's 10% budget
reduction to the UJS budget.
Adjust all totals accordingly.
The Conference Committee respectfully reports that it has considered HB 1208 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1208 be amended as follows:
" Section 1. That § 13-10-12 be amended to read as follows:
13-10-12. Each person over eighteen years of age hired by a school district shall submit to
a criminal background investigation, by means of fingerprint checks by the Division of Criminal
Investigation and the Federal Bureau of Investigation. The school district shall submit
completed fingerprint cards to the Division of Criminal Investigation before the prospective new
employee enters into service. If no disqualifying record is identified at the state level, the
fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau
of Investigation for a national criminal history record check. Any person whose employment is
subject to the requirements of this section may enter into service on a temporary basis pending
receipt of results of the criminal background investigation. The employing school district may,
without liability, withdraw its offer of employment or terminate the temporary employment
without notice if the report reveals a disqualifying record. Any person whose employment is
subject to the requirements of this section shall pay any fees charged for the criminal record
check. However, the school board or governing body may reimburse the person for the fees. Any
person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school
district is not required to submit to a criminal background investigation as required in this
section. In addition, any person employed by a postsecondary technical institute is not required
to submit to a criminal background investigation as required in this section, unless the person
is a teacher who teaches an elementary or secondary level course in an elementary or secondary
school facility, or unless the person is an employee, other than a teacher, whose work
assignment includes working in an elementary or secondary school facility.
Section 2. That ARSD 24:06:08:01 be repealed.
Training of school bus drivers and bus attendants. School bus operators must provide annual
training for school bus drivers in accordance with the section entitled "Driver" pages 121 to 124
and the section entitled "Bus Attendant" pages 124 and 125, in the National School
Transportation Specifications & Procedures, 2005 Revised Edition. In addition, the following
provisions apply:
(1) The State approved pre-service training program shall include a minimum of two hours
of classroom training, which will include knowledge of basic first aid procedures, and two hours
of behind-the-wheel training to enable safe and efficient vehicle operation;
(2) The annual State approved in-service program shall include a minimum of four hours
of classroom and/or behind-the-wheel training.
Section 3. That chapter 13-29 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That § 13-43-7.1 be repealed.
13-43-7.1. If a teacher desires to attend an annual professional association meeting, the
school board may authorize attendance at such meeting without loss of pay from regular salary.
However, such attendance may not take the teacher away from regular duties for more than two
consecutive days preceding any school term. ".
" Section 7. That § 13-13-78 be amended to read as follows:
13-13-78. Terms used in § 13-13-79 mean:
Rep. Gosch moved that the report of the Conference Committee on HB 1208 as found on
page 722 of the House Journal be adopted.
Rep. Brunner moved as a substitute motion that the House do not adopt the report of the
Conference Committee on HB 1208 and do not appoint a new committee.
The question being on Rep. Brunner's substitute motion to not adopt the report of the
Conference Committee on HB 1208 and to not appoint a new committee.
And the roll being called:
Yeas 35, Nays 34, Excused 1, Absent 0
Yeas:
Blake; Boomgarden; Brunner; Elliott; Fargen; Feickert; Feinstein; Greenfield; Hawley; Hickey;
Hunhoff (Bernie); Jensen; Jones; Kirschman; Kloucek; Liss; Lucas; Miller; Moser; Olson
(Betty); Perry; Russell; Schrempp; Sigdestad; Sly; Street; Tornow; Turbiville; Van Gerpen;
Venner; Verchio; Wick; Willadsen; Wink; Wismer
Nays:
Abdallah; Bolin; Carson; Conzet; Cronin; Dennert; Dryden; Gibson; Gosch; Haggar; Hansen
(Jon); Hoffman; Hubbel; Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lust; Magstadt;
Munsterman; Nelson (Stace); Novstrup (David); Romkema; Rozum; Schaefer; Solum; Steele;
Stricherz; Tulson; Vanneman; White; Speaker Rausch
Excused:
Deelstra
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
Which motion prevailed.
The question being on Rep. Gosch's motion that the report of the Conference Committee
on HB 1208 be adopted.
And the roll being called:
Yeas 38, Nays 31, Excused 1, Absent 0
Yeas:
Abdallah; Bolin; Carson; Conzet; Cronin; Dennert; Dryden; Gibson; Gosch; Haggar; Hansen
(Jon); Hoffman; Hubbel; Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lust; Magstadt;
Miller; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema; Rozum; Schaefer;
Solum; Steele; Stricherz; Tulson; Van Gerpen; Vanneman; White; Wink; Speaker Rausch
Nays:
Blake; Boomgarden; Brunner; Elliott; Fargen; Feickert; Feinstein; Greenfield; Hawley; Hickey;
Hunhoff (Bernie); Jensen; Jones; Kirschman; Kloucek; Liss; Lucas; Moser; Olson (Betty);
Russell; Schrempp; Sigdestad; Sly; Street; Tornow; Turbiville; Venner; Verchio; Wick;
Willadsen; Wismer
Excused:
Deelstra
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the report was adopted.
I have the honor to inform your honorable body that the Senate has passed HB 1192, the
Governor's veto notwithstanding.
The Committee on Legislative Procedure respectfully reports that HB 1067, 1087, 1148,
1154, 1174, 1228, 1231, 1232, 1234, 1240, and 1244 were delivered to his Excellency, the
Governor, for his approval at 10:03 a.m., March 10, 2011.
The Committee on Legislative Procedure respectfully reports that HB 1003, 1044, 1079,
1130, 1141, 1145, 1194, 1219, 1221, 1233, and 1242 were delivered to his Excellency, the
Governor, for his approval at 3:45 p.m., March 10, 2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1093, 1110, 1235, 1245, and 1248 and finds the same
correctly enrolled.
The Speaker publicly read the title to
HB 1093: FOR AN ACT ENTITLED, An Act to revise the criteria used to exempt certain
school districts from the requirement to reorganize.
HB 1110: FOR AN ACT ENTITLED, An Act to appropriate funding for the purpose of
a one-time increase in state aid to education.
HB 1235: FOR AN ACT ENTITLED, An Act to create the Board of Regents performance
improvement fund and make an appropriation therefor.
HB 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
travel reimbursements for county veterans' service officers.
HB 1248: FOR AN ACT ENTITLED, An Act to extend the sunset of the one-half percent
increase in the gross receipts tax imposed on visitor-related businesses.
SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7
sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition
interlock devices.
SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime
of taking or disseminating pictures without consent and to provide for a felony penalty under
certain circumstances.
SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
representations and warranties in insurance and annuity applications.
SB 86: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain
employers and to declare an emergency.
SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions related to
distribution of funds to sparse school districts.
SB 140: FOR AN ACT ENTITLED, An Act to provide for access critical nursing facilities
to ensure access to health care within a reasonable distance.
SB 149: FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with
concussions resulting from participation in youth athletic activities.
SB 152: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning state
aid to education, to revise and provide for the adjustment of the per student allocation for the
state aid to general education formula, and to revise certain property tax levies for the general
fund of a school district.
SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes
against minors be suppressed under certain conditions.
SB 176: FOR AN ACT ENTITLED, An Act to provide for the crime of human trafficking,
to establish the elements and degrees of the crime, and to provide penalties for the violation
thereof.
SB 178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
rights and duties of joint legal custodians.
SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2011.
SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the
sales tax on food refund program.
SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school
district fund balances and to declare an emergency.
And signed the same in the presence of the House.
HC 1053 Introduced by: Representatives Tulson, Blake, Bolin, Boomgarden, Carson,
Cronin, Deelstra, Dryden, Elliott, Fargen, Gibson, Gosch, Greenfield, Hickey, Hoffman,
Hubbel, Hunt, Jensen, Juhnke, Kirschman, Kopp, Liss, Magstadt, Moser, Nelson (Stace),
Novstrup (David), Olson (Betty), Perry, Rozum, Sly, Steele, Stricherz, Tornow, Van Gerpen,
Venner, Verchio, White, Willadsen, Wink, and Wismer and Senators Schlekeway, Adelstein,
Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom),
Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman,
Maher, Nelson (Tom), Novstrup (Al), Olson (Russell), Peters, Putnam, Rampelberg, Rave,
Rhoden, Sutton, Tidemann, Tieszen, and Vehle