JOURNAL OF THE HOUSE

EIGHTIETH SESSION  




FIFTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 1, 2005

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House pages Lindsay Hammer and Kari Rasmussen.

     Roll Call: All members present except Rep. Hills who was 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 fourteenth 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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1013, 1014, 1016, and 1017 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Matthew Michels, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1098 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 42 and returns the same with the recommendation that said bill be amended as follows:

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     On page 1, line 14 of the Senate engrossed bill, delete " , except Pierson Ranch day use area " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1146 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 29 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1094 and 1115 and SB 50 and 52 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 Commerce respectfully reports that it has had under consideration HB 1131 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1168 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1091 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1152 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 Local Government respectfully reports that it has had under consideration HB 1038 and returns the same with the recommendation that said bill be amended as follows:

1038fb
     On page 1, line 10 of the printed bill, after " held. " insert "Any alcohol licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to ensure that its employees have attended an approved alcohol training program before gaining any reduction in the penalty imposed for the violation.".

     On page 1 , delete lines 11 to 15 , inclusive.

     Delete page 2 .

1038ff
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 35-2 be amended by adding thereto a NEW SECTION to read as follows:

     The department shall, on or before the first of July of each year, develop and publish on its public internet website, a directory listing all nationally recognized training programs which have been approved by the department. The department shall annually notify each licensee in writing and by posting on the department's internet website a list of the nationally recognized training programs approved pursuant to §  35-2-10.1. Any alcohol licensee making a prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has the burden of proof to show that its employees have attended an approved alcohol training program to be eligible for any reduction in the penalty imposed for the violation."

     And that as so amended said bill do pass.

Respectfully submitted,
Thomas Hennies, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1163 and 1169 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1037, 1044, 1055, 1071, and 1072 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 54.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1003, 1004, and 1005 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 17, 36, 38, 46, 72, 74, 78, 86, 96, and 97 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 2 and 3 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 2:   A CONCURRENT RESOLUTION,   Supporting youth mentoring programs for South Dakota.

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


     SCR 3:   A CONCURRENT RESOLUTION,   Recognizing October fifteenth as Pregnancy and Infant Loss Remembrance Day.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1011 as found on pages 234 and 235 of the House Journal ; also

     Judiciary on HB 1012 as found on page 235 of the House Journal ; also

     Transportation on HB 1119 as found on pages 236 and 237 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1237   Introduced by:  Representatives Dykstra, Boomgarden, Deadrick, Haley, Hargens, Putnam, Sigdestad, Street, and Tidemann and Senators Hansen (Tom), Abdallah, Bartling, Gant, Greenfield, Hanson (Gary), and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   reduce the fuel tax on biodiesel blend fuels.

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

     HB 1238   Introduced by:  Representatives Haley, Gassman, Schafer, Sebert, and Wick and Senators Schoenbeck, Bartling, Broderick, Gant, Kelly, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the aggravating circumstances in death penalty cases.

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

     HB 1239   Introduced by:  Representatives Hargens and Haley and Senator Moore

       FOR AN ACT ENTITLED, An Act to   increase the fee that may be received by a county coroner.

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



     HB 1240   Introduced by:  Representatives Gillespie and Dykstra and Senator Broderick

       FOR AN ACT ENTITLED, An Act to   require that notice of certain tax equalization decisions be published.

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

     HB 1241   Introduced by:  Representatives Heineman and Dykstra and Senators Olson (Ed) and Dempster

       FOR AN ACT ENTITLED, An Act to   create the Student Achievement Enhancement Grant Program and to make an appropriation therefor.

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

     HB 1242   Introduced by:  Representatives Olson (Ryan), Cutler, Hennies, Nelson, Rounds, and Tornow and Senators Gray, Adelstein, Koskan, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   prohibit the manufacture and distribution of counterfeit driver licenses and nondriver identification cards.

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

     HB 1243   Introduced by:  Representatives Olson (Ryan), Fryslie, Hackl, Hills, Koistinen, and Rounds and Senators Broderick, Adelstein, Gray, Hundstad, Koskan, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   provide for the copying and retention of foreign documentation used to apply for certain state licenses, permits, and identification cards.

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

     HB 1244   Introduced by:  Representatives Rounds, Hackl, Hills, Jerke, and Nelson and Senators Gray and Abdallah

       FOR AN ACT ENTITLED, An Act to   allow certain National Guard and armed forces reserve members to obtain resident hunting and fishing licenses.

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


     HB 1245   Introduced by:  Representative Rave and Senator Dempster

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the use of automated external defibrillators.

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

     HB 1246   Introduced by:  Representative Hanks and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   revise the membership of the Commission on Judicial Qualifications.

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

     HB 1247   Introduced by:  Representatives Hanks, Hennies, and McLaughlin and Senator Adelstein

       FOR AN ACT ENTITLED, An Act to   provide for the establishment of infrastructure enhancement districts, to provide certain taxing authority, and to establish certain penalties.

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

     HB 1248   Introduced by:  Representatives McLaughlin, Brunner, Frost, Hanks, Hennies, Jerke, Koistinen, Rausch, and Tornow and Senators Adelstein, Bogue, Duenwald, Duniphan, Hundstad, McNenny, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding money lenders.

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

     HB 1249   Introduced by:  Representatives Dykstra, Brunner, Buckingham, Davis, Deadrick, Frost, Fryslie, Garnos, Hackl, Howie, Hunhoff, Hunt, Jensen, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Miles, Nelson, Olson (Ryan), Pederson (Gordon), Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Van Etten, Weems, and Wick and Senators Hansen (Tom), Abdallah, Apa, Bartling, Duenwald, Earley, Gant, Gray, Greenfield, Hanson (Gary), Kooistra, Koskan, Lintz, McNenny, Moore, Napoli, Peterson (Jim), Schoenbeck, Smidt, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   prohibit the performance of abortions, except to save the life of the mother, and to provide a penalty therefor and to provide for a delayed effective date.

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



     HB 1250   Introduced by:  Representative Howie

       FOR AN ACT ENTITLED, An Act to   repeal the requirement that certain game and fish licenses be exhibited on request.

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

     HB 1251   Introduced by:  Representative Heineman and Senator Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   create a school report card system.

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

     HB 1252   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   approve the state prairie dog management plan.

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

     HB 1253   Introduced by:  Representatives Garnos and Elliott and Senator Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   allow for the establishment of a group health insurance plan for county, municipal, and school district employees.

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

     HB 1254   Introduced by:  Representatives Garnos, Bradford, Elliott, and Hennies and Senator Bartling

       FOR AN ACT ENTITLED, An Act to   create the investment in South Dakota's future program and to make an appropriation therefor.

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

     HB 1255   Introduced by:  Representatives Van Etten, Howie, Hunt, Kraus, and Rave and Senator Duenwald

       FOR AN ACT ENTITLED, An Act to   prohibit discrimination against health care providers, institutions, and payers that decline to perform certain health care services.


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

     HB 1256   Introduced by:  Representatives Olson (Ryan) and Rounds and Senators Olson (Ed) and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   regulate residential contractors.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1132:   FOR AN ACT ENTITLED, An Act to   clarify the composition of the board of mental illness if two or more counties jointly establish a board.

     Was read the second time.

     Rep. Koistinen requested that HB 1132 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1133:   FOR AN ACT ENTITLED, An Act to   authorize additional persons to serve mental illness commitment papers.

     Was read the second time.

     The question being "Shall HB 1133 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford


     Excused:
Hills

     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 1089:   FOR AN ACT ENTITLED, An Act to   to provide for licensure and regulation of massage therapists and to provide funding from licensure fees.

     Was read the second time.

1089fa

     Rep. Van Etten moved that HB 1089 be amended as follows:

     On page 7, line 18 of the House Health and Human Services Committee engrossed bill, delete " connective " and insert "soft".

     Which motion prevailed and HB 1089 was so amended.

     The question being "Shall HB 1089 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Jensen; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Deadrick; Hunt; Koistinen; Vehle

     Excused:
Hills

     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 1080:   FOR AN ACT ENTITLED, An Act to   provide for notification to the petitioner when an ex parte protection order is served.

     Was read the second time.

1080ja

     Rep. Tornow moved that HB 1080 be amended as follows:

     On page 1, line 12 of the House Judiciary Committee engrossed bill, after " agency " insert " and any officer of the law enforcement agency ".

     On page 1 , line 13, after " agency " insert " or any such officer ".

     Which motion prevailed and HB 1080 was so amended.

     The question being "Shall HB 1080 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Hills

     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 1106:   FOR AN ACT ENTITLED, An Act to   revise the duties of certain licensed mental health professionals with regard to certain insanity and guilty-but-mentally-ill proceedings.

     Was read the second time.


     Rep. Boomgarden moved that HB 1106 be deferred to Thursday, February 3rd, the 17th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1117:   FOR AN ACT ENTITLED, An Act to   permit a county to file a lien against the property of the parents for payment of temporary care, temporary custody, shelter, or detention provided to a child if a judge has ordered payments of part of the costs.

     Was read the second time.

     The question being "Shall HB 1117 pass as amended?"

     And the roll being called:

     Yeas 13, Nays 56, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Davis; Dennert; Faehn; Fryslie; Hennies; Jensen; Koistinen; Novstrup; Sebert; Tornow; Van Etten

     Nays:
Bradford; Buckingham; Cutler; Deadrick; Dykstra; Elliott; Frost; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Howie; Hunhoff; Hunt; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Hills

     So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

     HB 1052:   FOR AN ACT ENTITLED, An Act to   revise the appropriation for the design and construction of certain correctional facilities and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1052 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0


     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Kroger

     Excused:
Hills

     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 1054:   FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2005.

     Was read the second time.

     The question being "Shall HB 1054 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Buckingham; Hanks; Kroger

     Excused:
Hills

     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 1066:   FOR AN ACT ENTITLED, An Act to   increase the amount of money authorized to contract for the construction of a law enforcement training academy, a criminal forensic laboratory, and a criminal justice and emergency operations center building, to remove the effective date for bonding, to increase the bonding authority, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1066 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Elliott; Street; Thompson

     Excused:
Hills

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     Rep. Rhoden moved that HB 1162 and 1196 be deferred to Wednesday, February 2nd, the 16th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the authority of the Public Utilities Commission with regard to wind energy facilities.

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


     SB 36:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to accept a gift of property from the South Dakota State University Foundation.

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

     SB 38:   FOR AN ACT ENTITLED, An Act to   continue the moratorium on new nursing facility beds.

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

     SB 46:   FOR AN ACT ENTITLED, An Act to   modify the requirements for closed block individual health benefit plans.

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

     SB 72:   FOR AN ACT ENTITLED, An Act to   include legal costs as allowable expenditures from the special education fund.

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

     SB 74:   FOR AN ACT ENTITLED, An Act to   revise certain restrictions concerning the operation of snowmobiles.

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

     SB 78:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the taxes electric cooperatives pay to certain municipalities.

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

     SB 86:   FOR AN ACT ENTITLED, An Act to   revise the compensation for deputy coroners.

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

     SB 96:   FOR AN ACT ENTITLED, An Act to   allow municipalities to offer full food services at certain licensed municipal facilities and to declare an emergency.

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


     SB 97:   FOR AN ACT ENTITLED, An Act to   establish a maximum value for certain protected homesteads.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1007, 1009, 1010, 1020, and 1048 were delivered to his Excellency, the Governor, for his approval at 4:05 p.m., January 31, 2005.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1021, 1022, 1035, 1045, 1046, 1047, 1050, 1063, and 1064 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 1, 2005.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1055 was delivered to his Excellency, the Governor, for his approval at 2:30 p.m., February 1, 2005.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1037, 1044, 1055, 1071, and 1072 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1037: FOR AN ACT ENTITLED, An Act to  revise the definition of a bad debt and modify the circumstances under which a bad debt may be deducted for taxation purposes.


     HB 1044: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the refund procedures for a purchaser who seeks a return of over-collected sales or use taxes from a seller.

     HB 1055: FOR AN ACT ENTITLED, An Act to  make an appropriation for the payment of settlement expenses to SDDS, Inc., and to declare an emergency.

     HB 1071: FOR AN ACT ENTITLED, An Act to  expand the time within which a judge may extend clemency or reduce a sentence.

     HB 1072: FOR AN ACT ENTITLED, An Act to  permit magistrate judges to order a transcript of a grand jury proceeding.

     SB 8: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning voter tabulation systems.

     SB 16: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the statutes of limitation for workers' compensation claims.

     SB 54: FOR AN ACT ENTITLED, An Act to  clarify the procedure to be followed for expedited abused or neglected child proceedings.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1009   Introduced by:  Representatives Hunhoff and Michels and Senator Moore

         A LEGISLATIVE COMMEMORATION,  Honoring the 2004 Yankton Gazelles High School cross country team and the students and staff involved in the girls cross country program.

     WHEREAS,  the 2004 Yankton Gazelles High School cross country team won their third straight ESD championship by scoring a perfect score of fifteen points, by virtue of outstanding character, sportsmanship, and continued dedication to excellence both on and off the field; and

     WHEREAS,  the members of the Yankton Gazelles High School cross country team won their second straight class AA high school girls cross country championship showing unrelenting leadership and school pride; and

     WHEREAS,  the Yankton Gazelles High School cross country team received superior coaching and outstanding leadership guidance from head coach Dan Fitzsimmons and assistant coaches Dave Danenbring and Doug Haar:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that the Yankton Gazelles High School cross country team be commended for their excellence in athletics and academics for the 2004-2005 school year.

     HC 1010   Introduced by:  Representatives Hunhoff and Michels and Senator Moore

         A LEGISLATIVE COMMEMORATION,  Honoring Nick Smith, a 2004 graduate of Yankton High School, who has received recognition for exemplary athleticism by being named the 2004 South Dakota Sports Writers High School Male Athlete of the Year.

     WHEREAS,  Nick Smith won his fourth State A wrestling title, only the second wrestler in state history to accomplish such a feat; and

     WHEREAS,  Nick was named Outstanding Wrestler at the 2004 state wrestling tournament, and throughout his career Nick won four region titles, four ESD titles, and finished his high school career with an impressive eighty-two consecutive wins. Nick holds records in almost every statistical category in wrestling including single season wins, career wins, most takedowns, most pins, and most team points; and

     WHEREAS,  Nick received All-American honors by finishing fourth at the National High School Coaches Association National Senior Tournament of Champions in Cincinnati, Ohio, by virtue of his dedication, commitment, leadership, and loyalty to his teammates and coaches:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Nick Smith be commended for his excellence in wrestling during his high school career.

     HC 1011   Introduced by:  Representatives Hunhoff and Michels and Senator Moore

         A LEGISLATIVE COMMEMORATION,  Honoring Ramsey Kavan, a senior at Yankton High School, for her outstanding performance at the Foot Locker Finals in San Diego, California, and the Nike Team Nationals in Portland, Oregon.

     WHEREAS,  Ramsey has received national recognition by being named Foot Locker first team All-American, NHSAA All-American, and the South Dakota Sportswriter Female Prep Athlete of the Year, two years in a row; and

     WHEREAS,  Ramsey helped lead the Yankton Gazelles to back-to-back State AA cross country championships and a third straight ESD title; and

     WHEREAS,  Ramsey set new course records at the South Dakota AA Championships, ESD Championship, USATF Dakotas Association Championship, and the USATF Regionals and was a defending national champion at the Foot Locker Midwest Regionals:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Ramsey Kavan be commended for her excellence in cross country during her high school career.


     HC 1012   Introduced by:  Representatives Garnos and Jensen and Senator Koskan

         A LEGISLATIVE COMMEMORATION,  Honoring Jessica Wheeler of Philip for earning National Board Certification in 2004.

     WHEREAS,  Jessica Wheeler, a third grade teacher at Philip Elementary, achieved National Board Certification, the highest credential in the teaching profession, and met compliance in a number of areas according to the National Board for Professional Teaching Standards; and

     WHEREAS,  Jessica Wheeler spent roughly four hundred hours beyond school hours to finish three portfolios covering reading, social studies/art, and science/math. She also researched teaching accomplishments performed outside a normal teaching day and completed a three-hour assessment; and

     WHEREAS,  Jessica Wheeler has dedicated thirteen years to the teaching profession and decided to become a National Board Certified teacher for the benefit of her students and to study her profession:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Jessica Wheeler be congratulated for her achievement of National Board Certification.

     HC 1013   Introduced by:  Representatives Garnos and Jensen and Senator Koskan

         A LEGISLATIVE COMMEMORATION,  Honoring Marie Slovek of Philip for earning National Board Certification in 2004.

     WHEREAS,  Marie Slovek, a first grade teacher at Philip Elementary, achieved National Board Certification, the highest credential in the teaching profession, and met compliance in a number of areas according to the National Board for Professional Teaching Standards; and

     WHEREAS,  Marie Slovek spent roughly four hundred hours beyond school hours to finish three portfolios covering reading, social studies/art, and science/math. She also researched teaching accomplishments performed outside a normal teaching day and completed a three-hour assessment; and

     WHEREAS,  Marie Slovek has dedicated thirteen years to the teaching profession and decided to become a National Board Certified teacher to reach every one of her students and review her classroom teaching:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Marie Slovek be congratulated for her achievement of National Board Certification.


     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:55 p.m. the House adjourned.

Karen Gerdes, Chief Clerk