JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 31, 2008

     The House convened at 1:00 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 Heather Adams.

     Roll Call: All members present except Reps. Elliott, Juhnke, and Nygaard 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 fifteenth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1143 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 12 and 13 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 Transportation respectfully reports that it has had under consideration HB 1315 and returns the same with the recommendation that said bill be amended as follows:

1315fa

     On page 1, line 5, of the printed bill, delete "fourteen" and insert "fifteen".

     On page 2, between lines 1 and 2, insert:

"

             (6)    The Governor shall appoint one representative from the South Dakota Highway Users Conference;".

     On page 2, line 2, delete "(6)" and insert "(7)".

     On page 2, line 4, delete "(7)" and insert "(8)".

     On page 2, line 6, delete "(8)" and insert "(9)".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1299 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1047, 1069, and 1274 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 1129 and returns the same with the recommendation that said bill be amended as follows:

1129ja

     On page 2, line 4, of the House State Affairs Committee engrossed bill, after "." Insert "The commission members shall serve without compensation.".

     On page 2, between lines 8 and 9, insert:

"
     Section 3. Any order settling a class action lawsuit that results in the creation of a common fund for the benefit of the class shall provide for the distribution of any residual funds to the Commission on Equal Access to Our Courts. However, up to fifty percent of the residual funds may be distributed to one or more other nonprofit charitable organizations that serve the public good if the court finds there is good cause to approve such a distribution as part of the settlement. For the purposes of this section, residual funds are any funds left over after payment of class member claims, attorney fees and costs, and any reversions to a defendant agreed upon by the parties and approved by the court. This section does not apply to any class action lawsuit against the State of South Dakota or any of its political subdivisions.".


     On page 2, line 9, delete "one hundred" and insert "five thousand dollars ($5,000)".

     On page 2, line 10, delete everything before ", or" .

     On page 2, delete lines 14 and 15.

    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 1276 and returns the same with the recommendation that said bill be amended as follows:

1276ma

     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.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1046 and 1077 which were tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1247 and returns the same with the recommendation that said bill be amended as follows:

1247fa

     On page 1, line 7, of the printed bill, after "agreement" insert ", branded jobber contract, branded marketer agreement, ".

     On page 1, line 9, after "franchisee" insert "or customer".

     On page 2, line 7, delete everything after "use" and insert ";".

     On page 2, delete lines 8 and 9.

     On page 2, line 18, delete "a credit card" and insert "any form of payment available for any other type of fuel".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill be amended as follows:

1258oa

     On page 2, line 4, of the printed bill, delete "or on a separate form".

     On page 2, line 5, delete "If the statement is on the gift certificate, the" and insert "The".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1209, 1229, and 1237 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 48, 95, 123, 162, and 163 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 2 Introduced by: Representatives Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Deadrick; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup, Al; Novstrup, David; Nygaard; Olson, Betty; Olson, Russell; Olson, Ryan; Pederson, Gordon; Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-third Legislature of the State of South Dakota to Heather Adams, Cheryl Bietz, Jacob Fuhrman, Jeanne Hettich, Grant Holub, Melanie Pushor, Cora Rattling Leaf, Maria Skoglund, Carolyn Soulek, Pamela Trautner, Kyle Wernsmann, Whitney Wright, and Jason Wynia.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-third Legislative Session; and

    WHEREAS, the members of the Eighty-third House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- third Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

    Rep. Rhoden moved that House Page Resolution 2 be adopted.

    Which motion prevailed and the resolution was adopted.

     Rep. Al Novstrup moved that the Committee on State Affairs be instructed to deliver HB 1252 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 reports of the Standing Committees on

     State Affairs on HB 1250 as found on page 334 of the House Journal ; also

     Judiciary on HB 1163 as found on page 335 of the House Journal ; also

     Judiciary on HB 1238 as found on page 335 of the House Journal ; also

     Commerce on HB 1159 as found on page 336 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 48: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

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

     SB 95: FOR AN ACT ENTITLED, An Act to increase certain fees collected by sheriffs for collecting delinquent taxes.

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

     SB 123: FOR AN ACT ENTITLED, An Act to provide for certain requirements for the sale and purchase of nonferrous metal property.

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

     SB 162: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the confidentiality of certain geological reports.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 163: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the initiation of modifications to county comprehensive plans.

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


SECOND READING OF CONSENT CALENDAR ITEMS

     SB 50: FOR AN ACT ENTITLED, An Act to change the name of the Board of Counselor Examiners.

     Was read the second time.

     The question being "Shall SB 50 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Elliott; Juhnke; Nygaard

     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

     HB 1201: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the placement or return of abused or neglected children.

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

1201ra

     Rep. Cutler moved that HB 1201 be amended as follows:

     On page 1, line 5, of the printed bill, delete " state " and insert " stage ".

     On page 1, line 13, after "condition" insert ", if the court so orders,".
     On page 1, line 14, delete "submits" and insert "submit".

     On page 2, line 1, delete "residing in the home" and insert ", who resides in the home and has been ordered by the court to submit to testing for alcohol, marijuana, or any controlled drug or substance,".

     Which motion prevailed.

     The question being "Shall HB 1201 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Van Norman

     Excused:
Elliott; Howie; Juhnke; Nygaard

     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.

     Rep. Dreyer moved that HB 1203 be deferred to Monday, February 4th, the 17th legislative day.

     Which motion prevailed.

     HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of real property, to assess agricultural land based on its agricultural income value, to create an implementation and oversight advisory task force, to repeal certain provisions regarding the assessment of property, and to repeal the nonagricultural acreage classification.

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

     Rep. Dykstra moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1005 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 22, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Gassman; Gillespie; Gilson; Gosch; Halverson; Hargens; Hills; Howie; Hunt; Jerke; Kirkeby; Krebs; Lucas; Moore; Nelson; Noem; Olson (Betty); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Street; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Speaker Deadrick

     Nays:
Cutler; Engels; Faehn; Feinstein; Glenski; Hackl; Haverly; Heineman; Koistinen; Lust; McLaughlin; Miles; Novstrup (Al); Novstrup (David); Olson (Russell); Peters; Steele; Thompson; Van Etten; Weems; Wick; Willadsen

     Excused:
Elliott; Juhnke; Nygaard

     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 1006: FOR AN ACT ENTITLED, An Act to revise certain tax levy limitations and property tax levies for school districts.

     Was read the second time.

     The question being "Shall HB 1006 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 19, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gassman; Gillespie; Gilson; Gosch; Hackl; Halverson; Hargens; Heineman; Hills; Howie; Hunt; Jerke; Krebs; Lucas; Lust; Moore; Noem; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Street; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Speaker Deadrick

     Nays:
Cutler; Engels; Feinstein; Glenski; Haverly; Kirkeby; Koistinen; McLaughlin; Miles; Nelson; Novstrup (Al); Novstrup (David); Peters; Steele; Thompson; Van Etten; Weems; Wick; Willadsen

     Excused:
Elliott; Juhnke; Nygaard

     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.

     Rep. Rhoden moved that the balance of the calendar including HB 1282, 1079, 1232, 1234, 1164, 1291, 1264, 1303, 1261, 1162, 1260, 1190, and 1256 and SB 15, 2, 3, 34, and 38 be deferred to Monday, February 4th, the 17th legislative day.

     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1288 and 1289 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1202 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations with a Do Pass recommendation.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1254 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Edward McLaughlin, Vice Chair

 Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1301 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1278 and 1295 which were tabled.

Respectfully submitted,
Carol A. Pitts, Chair

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:08 p.m. the House adjourned.

Karen Gerdes, Chief Clerk