JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 13, 2009

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

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House pages Darcy Leischner and Jacob Tiede.

     Roll Call: All members present except Reps. Cronin, Curd, Deadrick, Elliott, Gibson, Killer, Krebs, and Schrempp 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 twenty-first 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,
Timothy A. Rave, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1234 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 HB  1191, 1209, 1258, and 1261 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1241 and returns the same with the recommendation that said bill be amended as follows:

1241ca

     On page 2 of the printed bill, delete lines 7 to 16, inclusive.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1242 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1025, 1031, 1200, and 1201 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 1033 and returns the same with the recommendation that said bill be amended as follows:

1033ba

     On page 1, line 8, of the printed bill, delete "approximately a" and insert "an addition not to exceed".

     On page 1, line 8, delete "four thousand square foot addition" and insert "four thousand gross square feet".

    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 1048 and returns the same with the recommendation that said bill be amended as follows:

1048mb

     On page 1 of the printed bill, delete lines 12 to 15, inclusive.

     On page 2, delete lines 1 to 4, inclusive.

     On page 2, line 6, delete " Twenty " and insert " Twenty-five ".

     On page 2, line 10, delete " eighty " and insert " seventy-five ".

1048ma

     On page 6 of the printed bill, delete lines 20 and 21, and insert "work is being conducted. The fee for the license is fifty two hundred dollars for a resident, and fifty three hundred dollars for a nonresident. The same amounts shall be paid each calendar year for renewal of the license. A resident is any person whose primary residence is located in South Dakota and has not claimed residency in any other state within ninety days of filing an application to become licensed. The fee shall be paid".

     On page 7, delete lines 7 and 8, and insert " two hundred dollars for a resident , and fifty three hundred dollars for a nonresident. The same amounts shall be paid each calendar year for renewal of the license. A resident is any person whose primary residence is located in South Dakota and has not claimed residency in any other state within ninety days of filing an application to become licensed. The fee shall be paid to the Department of Environment and Natural Resources".

1048uta

     On page 1, line 2, of the printed bill, after "fund," insert "and increase".

    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 1140 and returns the same with the recommendation that said bill be amended as follows:

1140ob

     On page 2, line 1, of the House Transportation Committee engrossed bill, delete "Napa Railroad Line" and insert "rail line from Napa Junction to Ravinia".

    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 1173 and returns the same with the recommendation that said bill be amended as follows:

1173oa

     On page 1, line 3, of the printed bill, delete "fifty thousand" and insert "twenty-five thousand dollars ($ 25,000 )".

     On page 1, line 4, delete everything before ", or" .

    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 1270 and returns the same with the recommendation that said bill be amended as follows:

1270ba

     On page 1 of the printed bill, delete lines 4 to 6, inclusive, and insert:

"
     Section 1. That § 33-17-3 be amended to read as follows:

     33-17-3.   There is hereby continued established in the state treasury a "veterans affairs division special revenue fund." Said fund shall be used for the purposes set forth in §§ 33-17-7 and 33-17-9 benefit of South Dakota veterans . ".

     On page 2, delete lines 1 to 4, inclusive.

     On page 3, delete lines 21 and 22.

1270bta

     On page 1, line 1, of the printed bill, delete "redirect moneys in" and insert "change the purpose of".

    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 1185 and 1248 which were tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1265 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 HB 1260 and returns the same with the recommendation that said bill be amended as follows:

1260rb

     On page 2, line 3, of the printed bill, delete "ten " and insert "twenty-five".

     On page 2, line 4, delete everything after "." and insert "The agency shall publish any request for proposals issued pursuant to this section on the electronic procurement system maintained by the Bureau of Administration. The request for proposals shall include the procedures for the solicitation and award of the contract.".

     On page 2, delete lines 5 and 6.

     On page 2, delete line 9, and insert "The request for proposals shall state the relative importance of evaluation criteria to be used in the ranking of prospective contractors. The agency shall include the following evaluation criteria in any request for proposals:".

     On page 3, line 9, delete "professional service contracts" and insert "proposals".

     On page 3, line 10, after "a" insert "request for proposals for a".

    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 1268 and returns the same with the recommendation that said bill be amended as follows:

1268oa

     On page 1, line 8, of the printed bill, overstrike "three".

     On page 1, line 9, delete " in any first class municipality ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  19 and 20 and returns the same with the recommendation that said bills be referred to the Committee on Health and Human Services.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1101 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 HB 1246 and returns the same with the recommendation that said bill be amended as follows:

1246ra

     On page 2, line 1, of the printed bill, after "." insert " The garnishee may proceed by complying with either §  21-18-32 or §  21-18-33 and, by such compliance, is exonerated from any further liability to any party to the garnishment. ".

     On page 2, after line 1, insert:

"
     Section 2. That § 21-18-10 be amended to read as follows:

     21-18-10.   The garnishee summons and affidavit shall also be served on the defendant to the action, either before or within thirty days after service on a garnishee, except when unless service of the summons in the action is made without the state or by publication. If the defendant appears in the action by attorney, such service may be made upon such attorney or upon the defendant. Unless the garnishee summons is served on the defendant or the defendant's attorney in accordance with the provisions of this section, the service on the garnishee is void and of no effect from the beginning. ".


    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1220 and 1245 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1011, 1041, 1042, 1084, and 1092 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1004 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 47, 48, 52, 91, 110, 174, and 185 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     SCR 3: A CONCURRENT RESOLUTION, Supporting a study of the potential creation of a Department of Veterans Affairs as a cabinet-level department.

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

     Rep. Peters moved that HB 1166 be referred to the Committee on Appropriations.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on HB 1224 as found on pages 356 and 357 of the House Journal ; also

     Taxation on HB 1255 as found on page 357 of the House Journal ; also

     Transportation on HB 1281 as found on pages 358 and 359 of the House Journal be adopted.

     Which motion prevailed.

     Rep. Hunt moved that the consideration of the report of the committee on HB 1179 be deferred to Tuesday, February 17th, the 23rd legislative day.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 47: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

     SB 48: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

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

     SB 52: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

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

     SB 91: FOR AN ACT ENTITLED, An Act to allow any school district, for a period of five years, to expend capital outlay funds for certain transportation costs, for the purchase of property and casualty insurance, and for energy costs, and the cost of utilities.

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

     SB 110: FOR AN ACT ENTITLED, An Act to repeal the limited campaign finance disclosure statement which could be used by certain candidates or candidate campaign committees for legislative office.

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

     SB 174: FOR AN ACT ENTITLED, An Act to require a school district to which a former contracting school district is annexed to assign certain resident students to a school district in a bordering state, and to temporarily exempt certain school districts from the requirement to reorganize due to low enrollment.

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


      SB 185: FOR AN ACT ENTITLED, An Act to revise the graduation requirements for students entering ninth grade in 2010 and thereafter by eliminating the option of the basic high school program.

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

     Rep. Faehn moved that the balance of the calendar including HB 1212, 1243, 1207, 1181, 1163, 1219, 1202, 1167, and 1278 and SB 1 and 51 be deferred to Tuesday, February 17th, the 23rd legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1023, 1034, 1047, and 1088 were delivered to his Excellency, the Governor, for his approval at 9:37 a.m., February 13, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1011, 1041, 1042, 1053, 1084, 1089, 1092, and 1097 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1011: FOR AN ACT ENTITLED, An Act to  revise restrictions on the assignment and transfer of certain tax refund permits and refund claims.

     HB 1041: FOR AN ACT ENTITLED, An Act to  provide physicians with a limited permit to practice medicine within a residency program and to revise certain provisions regarding the Board of Examiners authority to administer resident certificates and resident training permits.

     HB 1042: FOR AN ACT ENTITLED, An Act to  permit an extension to the required examination time period allowed for certain medical licensing examinations.


     HB 1053: FOR AN ACT ENTITLED, An Act to  repeal the prohibition against the resale of certain seized or abandoned property purchased from the secretary of game, fish and parks.

     HB 1084: FOR AN ACT ENTITLED, An Act to  permit the appointment of a special advocate to represent the best interests of an apparent or alleged abused or neglected child.

     HB 1089: FOR AN ACT ENTITLED, An Act to  provide the court with discretion in ordering certain hearings on protection order petitions.

     HB 1092: FOR AN ACT ENTITLED, An Act to  regulate the practice of genetic counseling and to prohibit the practice of genetic counseling without a license.

     HB 1097: FOR AN ACT ENTITLED, An Act to  provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1009  Introduced by:  Representatives Schrempp, Blake, Burg, Dennert, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Lange, Lucas, Nygaard, Olson (Betty), Solberg, Sorenson, Street, Thompson, Vanderlinde, and Wismer and Senator Maher

         A LEGISLATIVE COMMEMORATION,  Honoring Kiko Mendoza of Eagle Butte for his many accomplishments both in athletics and academics.

     WHEREAS,  Kiko Mendoza is the only male runner in South Dakota history to win four straight individual state cross country championships. He demonstrated teamwork as a team member that won the state title in the Class A State Cross Country Meet. He received All-State at the state cross country meet three times and honorable mention for All-American cross country. Kiko also is a three-time state golf meet qualifier; and

     WHEREAS,  Kiko was South Dakota sport writers' male prep athlete of the year in 2008 while maintaining a GPA of 3.65; and

     WHEREAS,  Kiko has won the Lakota Nation Scholarship and the Steve Withorne Memorial Scholarship. He has twice won the Individual Sportsmanship Award at the Lakota Nation Invitational Basketball Tournament:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Kiko Mendoza be commended and congratulated on his accomplishments in both athletics and academics.

      HC 1010  Introduced by:  Representatives Lederman, Bolin, Boomgarden, Brunner, Dennert, Faehn, Feinstein, Frerichs, Gosch, Hunhoff (Bernie), Lust, McLaughlin, Noem, Nygaard, Olson (Betty), Pitts, Rausch, and Steele and Senators Knudson, Dempster, Gray, Hanson (Gary), Heidepriem, and Rhoden

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Eldon and Regina Roth for their outstanding efforts to increase the value of beef in the United States, for their entrepreneurial spirit, and for their commitment to excellence.
    
     WHEREAS,  Eldon Roth returned to his roots in South Dakota at age forty-five after spending many successful years in California in the field of refrigeration technology and founded Beef Products Incorporated (BPI), headquartered in Dakota Dunes, South Dakota, in 1981, and has since built processing plants in Iowa, Kansas, Nebraska, and Texas; and

     WHEREAS,  Eldon Roth developed a pioneering method for producing ninety-five percent lean beef from fatty beef trimmings that would otherwise have little value, and Eldon, with no formal engineering education or training, conceived or customized almost all of the equipment in his company's plants for which he holds over a thousand U.S. patents; and

     WHEREAS,  BPI, under the direction of Eldon and Regina, is the world's leading manufacturer of boneless lean beef with its product found in the majority of all ground beef produced in the United States, and its success is due in no small part to Eldon and Regina's futuristic outlook, willingness to change, unwavering dedication to food safety and to creating a quality product, and to Eldon's tremendous ability to innovate and customize sophisticated production procedures:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Eldon and Regina Roth be commended and honored for their outstanding efforts to increase the value of beef in the United States, for their entrepreneurial spirit, and for their commitment to excellence.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 12:53 p.m. the House adjourned.

Karen Gerdes, Chief Clerk