JOURNAL OF THE HOUSE

SEVENTY-NINTH SESSION  




SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 21, 2004

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Rebeccah Lutz.

     Roll Call: All members present except Reps. Koistinen 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 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.

Respectfully submitted,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
    The oath of office was administered by Speaker Michels to the following employee:

    Legislative Aide - Margaret Eagan

    Which was subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS

     Rep. Rhoden introduced Trisha Smeenk, Miss South Dakota 4-H Rodeo Ambassador, from Newell, South Dakota.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1003 and returns the same with the recommendation that said bill be amended as follows:

1003ca
     On page 2, line 18 of the printed bill, delete " § 10-13-36 that " and insert " § 10-12-43 if an excess tax levy ".

     On page 2 , line 18, after " one " insert " or more ".

     On page 2 , line 19, delete " existing " and insert " proposed ".

     On page 2 , line 19, delete " will " and insert " may ".

    On page 2, line 20, delete everything after " district ".

         On page 2, delete line 21.

        On page 2, line 22, delete everything before " If ".


     On page 2 , line 22, delete " an existing " and insert " a proposed ".

     On page 2 , line 23, delete " that property taxes will be increased " and insert " of the proposed ".

     On page 2 , line 24, delete " annually and the number of years that the existing " .

     On page 2 , line 24, delete " will be applied " and insert " The proposed excess tax levy may be applied for taxes payable in any of the five years following the date of reorganization. ".

     On page 3 , line 2, delete " existing " and insert " proposed ".

     On page 3 , line 2, delete " section 2 of this " and insert " 10-12-43. ".

     On page 3 , delete lines 3 to 24 , inclusive.

     Delete page 4 .

1003cta
     On page 1, line 1 of the printed bill, delete " an existing " and insert "a proposed".

     And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1082 and tabled the same.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill be amended as follows:

1055ra
     On page 1, line 10 of the printed bill, remove the overstrikes from " or " .

     On page 1 , line 12, delete " or " .

     On page 1 , delete lines 13 and 14 .

     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  1011 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Matt McCaulley, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1015, 1069, 1070, 1075, and 1087 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 State Affairs respectfully reports that it has had under consideration HB 1020 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1027 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 Health and Human Services respectfully reports that it has had under consideration HB 1086 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 6 and 33 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on HB 1023 as found on page 110 of the House Journal ; also

     Agriculture and Natural Resources on HB 1024 as found on page 110 of the House Journal ; also

     Commerce on HB 1072 as found on page 111 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1110   Introduced by:  Representatives Konold and Solum and Senator Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding mopeds and motorcycles.

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

     HB 1111   Introduced by:  Representatives Van Etten, Buckingham, Christensen, Cradduck, Elliott, Frost, Fryslie, Glenski, Hunhoff, Konold, LaRue, McCoy, McLaughlin, Michels, Murschel, Olson (Mel), Rave, Sebert, Thompson, and Weems and Senators Olson (Ed), Albers, Dempster, Duniphan, Ham-Burr, Knudson, Kooistra, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   prohibit the sale of ephedra products and to declare an emergency.

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



     HB 1112   Introduced by:  Representatives Novstrup, Burg, Cutler, Fryslie, Gillespie, Hennies, Michels, Rounds, and Weems and Senators Jaspers, Albers, Duenwald, Ham-Burr, Kelly, Moore, Olson (Ed), Schoenbeck, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the definition of a temporary supplemental lot for the purposes of regulating certain vehicle dealers.

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

     HB 1113   Introduced by:  Representatives O'Brien, Bartling, Christensen, Cradduck, Garnos, Kraus, Murschel, Olson (Mel), Peterson (Bill), Rave, Rounds, Smidt, Thompson, and Weems and Senators Albers, Abdallah, Brown, Diedrich (Larry), Greenfield, Kooistra, McCracken, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding athletic trainers.

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

     HB 1114   Introduced by:  Representatives Dykstra, Bartling, Christensen, Gillespie, Hackl, Olson (Mel), and Peterson (Jim) and Senators Albers, Abdallah, Kooistra, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to school district boundary changes.

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

     HB 1115   Introduced by:  Representatives Elliott, Gassman, Hundstad, and Sigdestad and Senators Dennert and Nachtigal

       FOR AN ACT ENTITLED, An Act to   limit increases in spending by state government.

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

     HB 1116   Introduced by:  Representatives Elliott, Begalka, Fryslie, Gassman, Hennies, Hundstad, Novstrup, and Sigdestad and Senators Dennert and Nachtigal

       FOR AN ACT ENTITLED, An Act to   prohibit the state from contracting for services to be provided by persons outside the United States or persons not authorized to work in the United States.

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


     HB 1117   Introduced by:  Representatives Hargens, Cutler, Hunhoff, Madsen, and Sebert and Senators Moore, Duniphan, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise the requirements for operating a motor vehicle with an instruction permit.

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

     HB 1118   Introduced by:  Representatives Peterson (Bill), Konold, and Olson (Mel) and Senators McCracken, Bogue, and Moore

       FOR AN ACT ENTITLED, An Act to   authorize banks to enter into debt cancellation and debt suspension contracts and to exempt such contracts from insurance regulations.

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

     HB 1119   Introduced by:  Representatives Elliott, Begalka, Cutler, Dykstra, Nesselhuf, Novstrup, Schafer, and Thompson and Senators Symens, Brown, Diedrich (Larry), Ham-Burr, Reedy, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   make an appropriation for the purchase of an online database for the state library.

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

     HB 1120   Introduced by:  Representatives LaRue, Bartling, Garnos, Hennies, McLaughlin, Novstrup, Thompson, Weems, and Wick and Senators Olson (Ed), Bogue, Duenwald, Knudson, Kooistra, and Vitter

       FOR AN ACT ENTITLED, An Act to   require evidence of financial responsibility at the time when certain motor vehicles are registered and to provide a penalty for the falsification of such evidence.

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

     HB 1121   Introduced by:  Representatives LaRue, Garnos, Hennies, McLaughlin, Novstrup, Weems, and Wick and Senators Kelly, Duenwald, Duniphan, Olson (Ed), Sutton (Dan), and Vitter

       FOR AN ACT ENTITLED, An Act to   increase the minimum amounts of financial responsibility that must be maintained on a licensed motor vehicle.

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



     HB 1122   Introduced by:  Representatives Michels, Cutler, Deadrick (Thomas), Engels, Gillespie, Madsen, McCaulley, and O'Brien and Senators Knudson and de Hueck

       FOR AN ACT ENTITLED, An Act to   revise the procedure for registering a business name.

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

     HB 1123   Introduced by:  Representatives Michels and Konold and Senators Knudson and Bogue

       FOR AN ACT ENTITLED, An Act to   authorize banks to be organized as limited liability companies.

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

     HB 1124   Introduced by:  Representatives Michels, Buckingham, Christensen, Cutler, Dykstra, Hennies, Kraus, LaRue, Madsen, Murschel, Olson (Mel), Peterson (Bill), and Teupel and Senators Dempster, Duniphan, Koetzle, Moore, Olson (Ed), Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain voting and participation requirements related to bond issues involving two or more political subdivisions.

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

     HB 1125   Introduced by:  Representatives Madsen, Cutler, Davis, Hackl, Hanson, Hargens, Hennies, Hunhoff, Juhnke, Konold, LaRue, O'Brien, Pederson (Gordon), Peterson (Jim), Rhoden, Sebert, and Teupel and Senators de Hueck, Bogue, Duenwald, Duniphan, Earley, Greenfield, Koetzle, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding construction standards for certain rural electric lines and claims alleging violation of those standards.

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

     HB 1126   Introduced by:  Representatives Madsen, Cutler, Engels, Gillespie, Hanson, Hennies, McCaulley, Michels, Murschel, O'Brien, Peterson (Jim), and Sebert and Senators Schoenbeck, de Hueck, Knudson, and Moore

       FOR AN ACT ENTITLED, An Act to   allow the prosecuting attorney to sign the summons in a juvenile case.

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


     HB 1127   Introduced by:  Representatives Gillespie, Begalka, Fryslie, Hanson, Novstrup, Sigdestad, and Van Gerpen and Senators Olson (Ed), Apa, Dennert, Greenfield, and Kooistra

       FOR AN ACT ENTITLED, An Act to   revise the provisions concerning the bonding of township clerks and treasurers.

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

     HB 1128   Introduced by:  Representatives Wick, Begalka, Hargens, Hunhoff, Novstrup, Peterson (Jim), Sigdestad, and Van Gerpen and Senators Albers, Dennert, Jaspers, Kooistra, Reedy, Schoenbeck, and Symens

       FOR AN ACT ENTITLED, An Act to   revise the requirements for purchasing or leasing equipment or tools for townships.

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

     HB 1129   Introduced by:  Representative Peterson (Bill)

       FOR AN ACT ENTITLED, An Act to   provide for an early presidential primary.

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

     HB 1130   Introduced by:  Representatives Cutler, Gillespie, and O'Brien and Senators Schoenbeck and Knudson

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the transfer on death or pay on death designations of certain security accounts.

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

     HB 1131   Introduced by:  Representatives Cutler, Christensen, Hennies, McLaughlin, Rounds, and Wick and Senators McCracken, Abdallah, Earley, Kelly, and Knudson

       FOR AN ACT ENTITLED, An Act to   prohibit the possession of certain items in an airport.

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


     HB 1132   Introduced by:  Representatives Cutler, Christensen, Hennies, McLaughlin, Rounds, and Wick and Senators McCracken, Abdallah, Earley, Kelly, and Knudson

       FOR AN ACT ENTITLED, An Act to   provide for the circumstances under which the state has jurisdiction over certain aircraft.

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

     HB 1133   Introduced by:  Representatives Murschel, Buckingham, Christensen, Cutler, Dykstra, Hennies, Kraus, LaRue, Olson (Mel), and Teupel and Senators Olson (Ed), Albers, Dempster, Duniphan, Koetzle, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   allow special education students to open enroll without a placement meeting in most instances.

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

     HB 1134   Introduced by:  Representatives Murschel, Elliott, and Solum and Senators Brown, Ham-Burr, and Reedy

       FOR AN ACT ENTITLED, An Act to   revise the provisions for annexing property to municipalities.

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

     HB 1135   Introduced by:  Representatives Bartling, Gillespie, Hargens, Kraus, and O'Brien and Senators Brown, Kloucek, and Koskan

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

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

     HB 1136   Introduced by:  Representatives Bartling, Gillespie, Hackl, Hargens, and Kraus and Senators Albers, Brown, Kloucek, and Koskan

       FOR AN ACT ENTITLED, An Act to   repeal the mandated business hours for certain county offices.

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


     HB 1137   Introduced by:  Representatives Smidt, Madsen, and O'Brien and Senators Knudson, Brown, and Earley

       FOR AN ACT ENTITLED, An Act to   permit the investment of public funds in certificates of deposit insured by the Federal Deposit Insurance Corporation.

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

     HB 1138   Introduced by:  Representatives Glenski, Cutler, Hennies, McCoy, Smidt, and Van Gerpen and Senator Kooistra

       FOR AN ACT ENTITLED, An Act to   limit the fees charged by certain money lenders.

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

     HB 1139   Introduced by:  Representatives Glenski, Bartling, Hunhoff, Kraus, McCoy, Schafer, Smidt, Van Etten, and Van Gerpen and Senators Olson (Ed) and Kleven

       FOR AN ACT ENTITLED, An Act to   limit general damages and attorneys' fees in medical malpractice actions.

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

     HB 1140   Introduced by:  Representatives Novstrup, Begalka, Davis, Elliott, Hackl, Kraus, McCaulley, Rhoden, and Weems and Senators Olson (Ed), Dennert, Duenwald, and Kelly

       FOR AN ACT ENTITLED, An Act to   apply certain teaching experience toward student teaching requirements.

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

     HB 1141   Introduced by:  Representatives Kraus, Cradduck, Cutler, Kroger, LaRue, Madsen, and McCaulley and Senators McCracken, Abdallah, Albers, Dempster, Earley, Moore, Olson (Ed), Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   authorize the service of ex parte protection orders on Sundays and holidays.

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


     HB 1142   Introduced by:  Representative Madsen and Senator Knudson

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the election of the venue for an administrative appeal.

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

     HB 1143   Introduced by:  Representatives Sigdestad, Elliott, Engels, Fryslie, Hanson, Hargens, Hennies, Hundstad, Konold, Kroger, Lange, Miles, Nesselhuf, Peterson (Jim), Rhoden, Solum, Thompson, and Van Norman and Senators Symens, Abdallah, Kelly, Koetzle, Moore, Olson (Ed), and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   designate Webster as the site for the official State Fishing Museum.

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

     HB 1144   Introduced by:  Representatives Konold, LaRue, Olson (Mel), and Solum and Senators McCracken, Duxbury, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain fees charged by the Division of Banking and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1025:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Agriculture to enter into certain agreements for training and for fire prevention and suppression activities.

     Was read the second time.

     The question being "Shall HB 1025 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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; Weems; Wick; Williamson; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Van Norman

     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 1047:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding creditable health insurance coverage.

     Was read the second time.

     The question being "Shall HB 1047 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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; Weems; Wick; Williamson; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Van Norman

     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 1042:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Revenue and Regulation to utilize private collection agencies in the collection of delinquent taxes.

     Was read the second time.

     Rep. Hackl moved that HB 1042 be referred to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

     HB 1049:   FOR AN ACT ENTITLED, An Act to   establish the definition of a payday loan and to establish limitations on such transactions.

     Was read the second time.

1049ja
     Rep. LaRue moved that HB 1049 be amended as follows:

     On page 2, line 12 of the printed bill, after " institution, " insert " any authorization to debit the person's deposit account, ".

     On page 2 , line 13, delete " income " and insert " salary or wages ".

     On page 2 , line 13, after " person. " insert " A short-maturity loan made in anticipation of an income tax refund is not a payday loan for purposes of this chapter ".

     Which motion prevailed and HB 1049 was so amended.

     The question being "Shall HB 1049 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; 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


     Nays:
McCaulley

     Excused:
Garnos; Koistinen; 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.

    Speaker Pro tempore Madsen now presiding.

     HB 1054:   FOR AN ACT ENTITLED, An Act to   revise the allowable share provision of the escrow fund for tobacco litigation.

     Was read the second time.

     The question being "Shall HB 1054 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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

     Nays:
Bradford

     Excused:
Koistinen; 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.

     HB 1079:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding preliminary hearings for parole violators.

     Was read the second time.



     Rep. Hennies moved that HB 1079 be deferred to Monday, January 26th, the 9th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1051:   FOR AN ACT ENTITLED, An Act to   revise the requirements for utilization review and grievance procedures.

     Was read the second time.

     The question being "Shall HB 1051 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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:
Adelstein; Koistinen; 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.

     HB 1012:   FOR AN ACT ENTITLED, An Act to   revise the definition of a victim for purposes of determining who is permitted to speak on behalf of a victim at the time of sentencing.

     Was read the second time.

     The question being "Shall HB 1012 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0


     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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

     Nays:
Deadrick (Thomas)

     Excused:
Adelstein; Koistinen; 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.

     HB 1013:   FOR AN ACT ENTITLED, An Act to   require notice to the attorney general of appeals in certain juvenile proceedings regarding abuse and neglect, children in need of supervision, or delinquency.

     Was read the second time.

     The question being "Shall HB 1013 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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:
Koistinen; 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.



     HB 1078:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding parole agreements.

     Was read the second time.

     The question being "Shall HB 1078 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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:
Koistinen; 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.

     HB 1026:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions specifying the organization of the Department of Agriculture.

     Was read the second time.

     The question being "Shall HB 1026 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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:
Koistinen; 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.

    Pursuant to JR 12-4, the voting record on HB 1078 has been changed to represent a yea vote for Rep. Bradford.

     HB 1041:   FOR AN ACT ENTITLED, An Act to   revise how the sales tax applies to certain payments regarding property leased between members of a controlled group.

     Was read the second time.

     The question being "Shall HB 1041 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; 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

     Nays:
McCaulley

     Excused:
Koistinen; 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.

     HB 1081:   FOR AN ACT ENTITLED, An Act to   revise the local effort levy and effort factor for the purposes of calculating the payment of state aid to special education.

     Was read the second time.

     The question being "Shall HB 1081 pass?"



     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; 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:
Koistinen; McCaulley; 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.

     HB 1048:   FOR AN ACT ENTITLED, An Act to   revise certain requirements regarding workers' compensation insurance.

     Was read the second time.

     The question being "Shall HB 1048 pass?"

     And the roll being called:

     Yeas 45, Nays 22, Excused 3, Absent 0

     Yeas:
Adelstein; Begalka; Buckingham; Christensen; Cradduck; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Hanson; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Konold; Kraus; LaRue; Lintz; Madsen; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bartling; Bradford; Burg; Cutler; Elliott; Engels; Gassman; Gillespie; Glenski; Hackl; Hargens; Hundstad; Kroger; Lange; Miles; Nesselhuf; Olson (Mel); Sigdestad; Teupel; Thompson; Valandra; Van Norman

     Excused:
Koistinen; McCaulley; 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.

     HB 1007:   FOR AN ACT ENTITLED, An Act to   revise certain deadlines for special congressional elections and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1007 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; 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

     Nays:
Elliott

     Excused:
Koistinen; McCaulley; Putnam

     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.

     HB 1008:   FOR AN ACT ENTITLED, An Act to   revise certain municipal and school election deadlines and procedures.

     Was read the second time.

     The question being "Shall HB 1008 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; 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:
Koistinen; McCaulley; 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.

     HB 1009:   FOR AN ACT ENTITLED, An Act to   establish an election equipment replacement fund.

     Was read the second time.

     The question being "Shall HB 1009 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; 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:
Koistinen; McCaulley; Putnam

     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.

     HB 1010:   FOR AN ACT ENTITLED, An Act to   permit certain high school students to be excused from school if working as election officials.


     Was read the second time.

     The question being "Shall HB 1010 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; 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:
Koistinen; McCaulley; 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.

     HB 1065:   FOR AN ACT ENTITLED, An Act to   establish a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1065 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; 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:
Koistinen; McCaulley; Putnam

     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 6:   FOR AN ACT ENTITLED, An Act to   revise the definition of the periods of service which qualify for veterans benefits.

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

     SB 33:   FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

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

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1045, 1046, 1061, and 1063 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1044 and returns the same with the recommendation that said bill be amended as follows:


1044ob
     On the printed bill, delete everything after the enacting clause and insert:

"      Section  1.  That § 32-3-51.16 be amended to read as follows:

     32-3-51.16.   The department shall , in a conspicuous location, place the damage information pursuant to §   32-3-51.7 on the first South Dakota title and all subsequent titles issued for any motor vehicle which came into the state unrepaired and for which a salvage certificate of title was issued by another state unless the person applying for the South Dakota title maintains at his place of business proof that the vehicle did not sustain damage equivalent to the amount set forth in this chapter. The proof shall include two photographs showing all four sides of the motor vehicle and either an insurance adjuster's written report or a written repair estimate which details the parts, labor, paint, and frame work required to repair the motor vehicle.

     The photographs and other documents showing proof that the amount of damage is less than set forth in this chapter shall be maintained by the person applying for a title for at least two years , the name of the previous state and any brand or notation indicated on the title by that state . "

1044ota
     On page 1, line 1 of the printed bill, delete " repeal " and insert "revise".

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gordon R. Pederson, Chair

COMMEMORATIONS

     HC 1002   Introduced by:  Representatives Pederson (Gordon), Kroger, Lintz, and Rave and Senators Vitter and Kooistra

         A LEGISLATIVE COMMEMORATION,  Commending and honoring the Sioux Falls O'Gorman High School Marching Knights on their selection to represent South Dakota in the Washington, D.C. World War II Memorial Dedication Parade.

     WHEREAS,  the Sioux Falls O'Gorman High School Marching Knights demonstrated excellence in performance and received high ratings and recommendations from the South Dakota Band Masters Association; and

     WHEREAS,  the Sioux Falls O'Gorman High School Marching Knights brought great honor to the traditions and achievements of their school in being selected to represent South Dakota in the World War II Memorial Dedication Parade; and

     WHEREAS,  the Sioux Falls O'Gorman High School Marching Knights brought great pride upon South Dakota and the veterans of World War II by being selected to perform in the World War II Memorial Dedication Parade:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-ninth Legislature of the State of South Dakota, that the Sioux Falls O'Gorman High School Marching Knights be congratulated on their selection to represent South Dakota in the Washington, D.C. World War II Memorial Dedication Parade.

     HC 1003   Introduced by:  Representatives Elliott, Frost, Hundstad, and Novstrup and Senators Sutton (Duane) and Dennert

         A LEGISLATIVE COMMEMORATION,  Recognizing the contribution of Helen A. Miller to the Aberdeen four-lane highway project.

     WHEREAS,  Helen A. Miller had a long and industrious history with the Aberdeen Area Chamber of Commerce, serving as the first woman chair of the Board of Directors in 1983 and receiving the George Award and the Athena Award for her community accomplishments; and

     WHEREAS,  Helen A. Miller was inducted into the South Dakota Hall of Fame in 2000 for her efforts on behalf of the State of South Dakota; and

     WHEREAS,  Helen A. Miller served as the first woman chair of the Aberdeen Area Chamber of Commerce Transportation Committee and worked hard to bring that group and the whole Aberdeen community together in support of the four-lane highway project; and

     WHEREAS,  Helen A. Miller's persistence in calling legislators, testifying at legislative committees, and encouraging local citizens to fight for the cause made the difference in Aberdeen receiving funding for this project:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-ninth Legislature of the State of South Dakota, that Helen A. Miller be recognized for her outstanding efforts in making Aberdeen's four-lane highway project a reality.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 3:09 p.m. the House adjourned.

Karen Gerdes, Chief Clerk