JOURNAL OF THE HOUSE

SEVENTY-NINTH SESSION  



NINETEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Saturday, February 7, 2004

     The House convened at 1:00 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 page Altman Studeny.

     Roll Call: All members present except Reps. Begalka, Gassman, and Putnam 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 eighteenth 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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS

February 6, 2004

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bills 1010, 1025, 1027, 1041, 1055, 1066, 1067, 1075, 1083, 1127, and 1128, 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 Commerce respectfully reports that it has had under consideration HB 1276, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1276fa
     On page 1, line 7 of the printed bill, delete " subdivision of the state, " and insert "county or municipality,".

     On page 1 , line 8, delete " any quasi-governmental agency, " .

     On page 1 , line 10, delete " brand " and insert "variety".

     And that as so amended said bill do NOT pass.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1158 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 Judiciary respectfully reports that it has had under consideration HB 1273 and returns the same with the recommendation that said bill be amended as follows:

1273jb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, a peer review committee is one or more persons, including an emergency medical technician at any level as described in this chapter, acting as an administrative or medical committee of a licensed heath care facility or a licensed ambulance service, that engages in peer review activity. There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a peer review committee or against any consultant to that committee engaging in peer review activity as provided in this Act, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in a reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

     Section 2. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as follows:

     The proceedings, records, reports, statements, minutes, or any other data whatsoever of any committee described in section 1 of this Act relating to peer review activities defined in section 4 of this Act, are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind in any court or arbitration forum, except as provided in this section. No person in attendance at any meeting described in section 1 of this Act is required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny an emergency medical technician at any level access to, or use of, information upon which a decision regarding the person's staff privileges or employment are based. The prohibition relating to discovery of evidence does not apply to deny any person or the person's counsel in defense of an action against that person access to the materials covered under this section.

     Section 3. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of section 2 of this Act do not apply to any observation made at the time of treatment by a health care professional present during a patient's treatment or to patient records prepared during the treatment and care rendered to a patient who is personally or by personal representative a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, no member of any committee covered by section 1 of this Act who has participated in deliberations under that section involving the subject matter of the action, may testify as an expert witness for any party in any action for personal injury or wrongful death, the subject matter of which is the care and treatment of the patient.

Notwithstanding membership on any committee covered by section 1 of this Act, a health care professional observing or participating in the patient's treatment and care may testify as a fact or expert witness concerning that treatment and care, but may not be required to testify as to anything protected by section 1 of this Act.

     Section 4. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, peer review activity is the procedure by which a peer review committee monitors, evaluates, and recommends actions to improve the delivery and quality of services within its respective facility, agency, and profession, including any recommendation, consideration of recommendations, action with regard to recommendations, and implementation of actions. Peer review activity and acts or proceedings undertaken or performed within the scope of the functions of a peer review committee include:

             (1)    Matters affecting employment and terms of employment of an emergency medical technician at any level by a health care facility or a licensed ambulance service;

             (2)    Matters affecting the membership and terms of membership in a health professional association composed of emergency medical technicians at any level, including decisions to suspend membership privileges, expel from membership, reprimand, or censure a member, or other disciplinary actions;

             (3)    Review and evaluation of qualifications, competency, character, experience, activities, conduct, or performance of an emergency medical technician at any level by a licensed health care facility or a licensed ambulance service; and

             (4)    Review of the quality, type, or necessity of services provided by any emergency medical technician at any level employed by a licensed health care facility or a licensed ambulance service."

     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  1271 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Matt McCaulley, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 51, 52, and 53 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 Health and Human Services respectfully reports that it has had under consideration HB 1286 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1042 and 1180 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1187, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1187fa
     On page 1, line 6 of the printed bill, remove the overstrikes from " one " .

     On page 1 , line 7, delete " two hundred fifty " and insert "hundred fifty seventy-five ".

     On page 1 , line 11, delete " one two hundred fifty " and insert "one hundred fifty seventy- five ".

     On page 2 , line 2, delete " twenty-five " .

     On page 2 , line 6, delete " twenty-five " .

     On page 2 , line 10, delete " 2005 " and insert "2006".

1187fe
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 10-6-33.24 be amended to read as follows:

     10-6-33.24.   Notwithstanding the provisions of chapter 10-6, agricultural land may be assessed based on its agricultural income value if there are less than fifteen twenty arms-length transactions of agricultural land during the three preceding assessment years. The agricultural income value of agricultural land shall be determined on the basis of the capitalized annual cash rent of the agricultural land. The capitalized annual cash rent shall be based on data collected and analyzed pursuant to §   10-6-33.25. For the purposes of this section, arms-length transactions

do not include any agricultural land sales subject to the provisions of §   10-6-33.14, 10-6-33.20, or 10-6-74.

     Section 2. That § 10-6-74 be amended to read as follows:

     10-6-74.   Any real property which sells for more than one hundred fifty seventy-five percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

     Section 3. That § 10-6-74 be amended to read as follows:

     10-6-74.   Any real property which sells for more than one two hundred fifty percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

     Section 4. Section 3 of this Act is effective on July 1, 2006."


1187ftb
     On page 1, line 1 of the printed bill, after " Act to " insert "revise certain provisions relating to the assessment and valuation of real property.".

     On page 1 , delete lines 2 and 3 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1169 and 1242 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Hal Wick, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 17 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 18, 40, and 44 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 SB 43 and returns the same with the recommendation that said bill be amended as follows:

43fa
     On page 4, line 6 of the Senate Transportation Committee engrossed bill, delete " that section " and insert "section 1 of this Act".

     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 1248 and returns the same with the recommendation that said bill be amended as follows:

1248ra
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 31-13-51 be amended to read as follows:

     31-13-51.   The township board of supervisors or, in the case of any township which is no longer organized, the board of county commissioners , prior to the assessment of real property within the township for the next fiscal year, may levy annually for the purpose of maintaining or repairing street surfaces, whether of a permanent type or not, a special front foot assessment not to exceed eighty cents per front foot upon the real property fronting and abutting the roadway. Such assessment shall be apportioned on a front foot basis and shall be levied pursuant to §   31-13-52. "


1248rta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "permit counties, in the absence of an organized township, to maintain, and improve certain public rights-of-way.".

     On page 1 , delete line 2 .

     On page 1 , delete line 3 .

     And that as so amended said bill 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 1249 and tabled the same.

Respectfully submitted,
Gordon R. Pederson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1014, 1022, 1057, 1058, 1059, and 1135 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1062 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 39, 112, 131, 148, 159, 173, 181, 209, and 211 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

    House Page Resolution 2: Introduced by Representatives Adelstein; Bartling; Begalka; Bradford; Buckingham, Burg; Christensen; Cradduck; Cutler; Davis; Deadrick; Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems, Wick; Williamson; Speaker Michels

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Seventy-ninth Legislature of the State of South Dakota to Ashley Christensen, Michael Hoium, Ashley Huber, Nick Hunhoff, Christi Johnson, Rebecca Kjellsen, Christine Kroupa, Becky Kubal, Jina Lembcke, Teresa Maas, Peggy Peiffer, Katie Schneider, Altman Studeny, Allison Voelker, and Sarah Zinter.

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

    WHEREAS, the members of the Seventy-ninth 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 Seventy-ninth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Rep. Bill Peterson moved that House Page Resolution 2 be adopted.

    Which motion prevailed and the resolution was adopted.

     Rep. McCaulley moved that the House do not concur in Senate amendments to HB 1013 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. McCaulley, Deadrick (Thomas), and Engels.

     HCR 1010   Introduced by:  Representatives Smidt, Bartling, Bradford, Cradduck, Frost, Garnos, Heineman, Hunhoff, Konold, Madsen, Michels, Miles, Novstrup, Peterson (Bill), Rounds, Schafer, Solum, Van Gerpen, Weems, and Williamson and Senators Jaspers, Bogue, Brown, Dempster, Dennert, Duenwald, Duxbury, Knudson, Olson (Ed), and Sutton (Duane)

         A CONCURRENT RESOLUTION,  Supporting youth mentoring programs for South Dakota.

     WHEREAS,  January 2004, is National Mentoring Month which is a project spearheaded by the Harvard Mentoring Project and MENTOR/National Mentoring Partnership that began in January 2002; and

     WHEREAS,  National Mentoring Month attempts to raise awareness of mentoring in its various forms, recruit individuals to mentor, and promote the rapid growth of mentoring by recruiting organizations to engage their constituents in mentoring; and
     WHEREAS,  large numbers of our nation's youth face difficult circumstances: one in four live in single-parent homes, one in ten is born to teen-aged parents, one in five lives in poverty, and one in ten will not finish high school; and

     WHEREAS,  mentoring has been shown to combat these problems by matching a caring, responsible adult with a child to provide guidance, stability, confidence, and direction for the child, which can result in improved school attendance and graduation rates and decreasing involvement with substance abuse and violent behavior; and

     WHEREAS,  it is estimated that 17.6 million young people in the United States are in need of mentoring, while a National Mentoring Poll indicates that 57 million American adults would consider mentoring young people, which points to the need to find methods of matching available mentoring resources with those who would benefit from a mentoring program; and

     WHEREAS,  an expanded mentoring program in South Dakota would be a valuable resource for many of our state's young people and would benefit all of our communities; and

     WHEREAS,  mentoring in South Dakota would be enhanced through the formation of a State Mentoring Partnership for South Dakota and affiliation with the National Mentoring Partnership:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature supports and encourages the establishment and enhancement of mentoring programs for the young people of this state; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature supports the formation of a South Dakota State Mentoring Partnership and affiliation of South Dakota mentoring programs with the National Mentoring Partnership.

     Was read the first time and the Speaker waived the committee referral.

    Pursuant to JR 5-11.1, the reconsideration of the vote on SCR 2 is ruled out of order. Concurrent Resolutions are not provided for in this rule.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  212 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 1247 and returns the same with the recommendation that said bill be amended as follows:

1247oa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 22-14-10 be amended to read as follows:

     22-14-10.   Section 22-14-9 does The provisions of §  22-14-9 do not apply to persons any person who carry carries one or more unloaded pistols or revolvers for the purpose of, or in connection with, any lawful use, if the unloaded weapon or weapons are carried:

             (1)      In the trunk or other closed compartment of a vehicle; or

             (2)      In a closed container which is too large to be effectively concealed on the person or within his the person's clothing. The container may be carried in a vehicle or in any other manner.

     Any person who complies with this section may not be required to obtain a permit for the lawful uses herein described. "

     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  1287 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Bill Peterson moved that the reports of the Standing Committees on

     State Affairs on HB 1191 as found on pages 428 to 430 of the House Journal ; also

     Judiciary on HB 1184 as found on page 430 of the House Journal ; also

     Appropriations on HB 1053 as found on page 431 of the House Journal ; also

     Health and Human Services on HB 1214 as found on page 432 of the House Journal be adopted.


     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 9:   FOR AN ACT ENTITLED, An Act to   update and revise certain provisions pertaining to the Department of Social Services.

     Was read the second time.

     The question being "Shall SB 9 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Begalka; Gassman; Putnam

     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. Bill Peterson moved that HB 1194, 1239, 1183, 1176, 1199, and 1309 be deferred to Monday, February 9th, the 20th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 39:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding principal and home office credits against the insurance premium tax.

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

     SB 112:   FOR AN ACT ENTITLED, An Act to   require state agencies promulgating rules pursuant to the Administrative Procedures Act to provide an impact statement on small business.

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

     SB 131:   FOR AN ACT ENTITLED, An Act to   revise the hours of supervision required for certification as a licensed professional counselor - mental health.

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

     SB 148:   FOR AN ACT ENTITLED, An Act to   repeal and reenact the standard nonforfeiture statute for individual deferred annuities.

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

     SB 159:   FOR AN ACT ENTITLED, An Act to   allow a school board to set the amount of per diem that each member of that board may receive.

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

     SB 173:   FOR AN ACT ENTITLED, An Act to   to clarify the alternative certification requirements for school administrators.

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

     SB 181:   FOR AN ACT ENTITLED, An Act to   require notice before relocating a child not living with both legal parents.

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

     SB 209:   FOR AN ACT ENTITLED, An Act to   authorize municipalities to provide housing for police officers.

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

     SB 211:   FOR AN ACT ENTITLED, An Act to   establish a commission to study compliance with the federal Indian Child Welfare Act, to afford due regard to the Act, and to declare an emergency.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Rep. Bill Peterson moved that SB 15, 13, 214, 215, 216, 200, and 201 be deferred to Monday, February 9, the 20th legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1014, 1022, 1057, 1058, 1059, and 1135 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1005, 1023, 1024, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1060, 1061, and 1063 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 7, 2004.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1014: FOR AN ACT ENTITLED, An Act to  reduce the percentage of owners required to ratify an oil and gas unit.

     HB 1022: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the American Dairy Association and the state dairy check-off program.

     HB 1057: FOR AN ACT ENTITLED, An Act to  permit nonresidents having a nonresident preserve license to hunt certain animals on a licensed shooting preserve.

     HB 1058: FOR AN ACT ENTITLED, An Act to  continue a surcharge on certain hunting licenses and to exempt resident furbearer and one-day small game licenses from the surcharge.

     HB 1059: FOR AN ACT ENTITLED, An Act to  permit certain persons to discharge pyrotechnics on land owned or leased by the Department of Game, Fish and Parks.

     HB 1135: FOR AN ACT ENTITLED, An Act to  clarify the procedures for payment of delinquent and subsequent taxes.

     SB 26: FOR AN ACT ENTITLED, An Act to  provide a penalty for failure to pay a civil penalty if special fuel containing dye is detected in a motor vehicle.

     SB 31: FOR AN ACT ENTITLED, An Act to  clarify certain provisions that levy the fuel excise tax on biodiesel, biodiesel blends, and ethyl alcohol.

     SB 32: FOR AN ACT ENTITLED, An Act to  authorize the staggered registration of commercial motor vehicles by administrative rule.

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 1:32 p.m. the House adjourned.

Karen Gerdes, Chief Clerk