JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 20, 2005

     The House convened at 2:00 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 Lawrence Klipfel.

    The oath of office was administered by Speaker Michels to the following employee:

    Chief Chaplain -- Dodie Noordermeer

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

     Roll Call: All members present except Reps. Buckingham and Van Etten 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 sixth 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 Commerce respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill be amended as follows:

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     On page 1 of the printed bill, delete line 7 , and insert "examination or investigation by the division or hearing pursuant to Title 58 if the insurance producer has prior notice of the examination, investigation, or hearing.".

     And that as so amended said bill do pass.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1002 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 1036 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 Taxation respectfully reports that it has had under consideration HB 1003 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 1076 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas Hennies, Chair

MESSAGES FROM THE SENATE



MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging legislative days for members, officers, and employees of the House and Senate.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to securing chaplains for the Eightieth Legislative Session.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 13, 15, 20, 29, 30, 48, 49, 59, and 63 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1002:   A CONCURRENT RESOLUTION,   Expressing legislative support for the preservation of the words, under God, in the pledge of allegiance.


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     Rep. Hargens moved that HCR 1002 be amended as follows:

     On page 1, line 12 of the printed resolution, delete " ; and " and insert ":".

     On page 1 , delete lines 13 to 15 , inclusive.

     On page 2 , delete line 1 .

     Which motion prevailed and HCR 1002 was so amended.

     Rep. Hanks moved that HCR 1002 as found on page 59 of the House Journal be adopted as amended.

     The question being "Shall HCR 1002 be adopted as amended?"

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Haley; Roberts; Thompson; Van Norman

     Excused:
Buckingham; Van Etten

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted as amended.

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 21st, the 8th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Transportation on HB 1041 as found on page 90 of the House Journal ; also

     Transportation on HB 1060 as found on pages 90 and 91 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1080   Introduced by:  Representatives Murschel, Brunner, Buckingham, Cutler, Davis, Dykstra, Haley, Hennies, Kraus, McLaughlin, Miles, Roberts, Rounds, Schafer, Street, Thompson, and Willadsen and Senators Schoenbeck, Abdallah, Koskan, and Moore

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

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

     HB 1081   Introduced by:  Representatives Murschel, Brunner, Cutler, Elliott, Heineman, Hills, Jensen, Kraus, Krebs, McLaughlin, Miles, Novstrup, Roberts, Thompson, Tornow, Turbiville, Weems, and Wick and Senators Kelly, Broderick, Earley, Gray, Koetzle, Koskan, Moore, Olson (Ed), and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   allow a school district to maintain permanent school records electronically rather than on microfilm.

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

     HB 1082   Introduced by:  Representatives Putnam, Buckingham, Cutler, Dennert, Elliott, Faehn, Fryslie, Hargens, Haverly, Hunhoff, Hunt, Koistinen, McCoy, McLaughlin, Miles, Murschel, Pederson (Gordon), Rave, Roberts, Rounds, Sebert, Sigdestad, Thompson, Tornow, Wick, and Willadsen and Senators Olson (Ed), Abdallah, Adelstein, Bartling, Duniphan, Hundstad, Koetzle, Kooistra, Koskan, McCracken, Napoli, Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   appropriate money for postsecondary technical education enhancement.

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

     HB 1083   Introduced by:  Representatives Rounds, Hanks, Hennies, McCoy, and Thompson and Senators Gray, Broderick, Duniphan, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   exempt certain utility and street contracts from competitive bid requirements.

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

     HB 1084   Introduced by:  Representatives Schafer and Elliott and Senators Gray and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   revise the circumstances for when special elections for home rule charters shall be called.

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

     HB 1085   Introduced by:  Representatives Buckingham, Boomgarden, Frost, Garnos, Heineman, Hennies, Krebs, Rave, Tornow, Van Etten, Weems, and Wick and Senators Knudson, Bogue, and Kelly

       FOR AN ACT ENTITLED, An Act to   prohibit certain payments and receipt of payments for registering and assisting voters and to establish certain penalties.

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

     HB 1086   Introduced by:  Representatives Buckingham, Boomgarden, Bradford, Dennert, Elliott, Frost, Garnos, Haley, Halverson, Hargens, Heineman, Hennies, Krebs, Kroger, Lange, Rave, Sigdestad, Street, Thompson, Tornow, Van Etten, Weems, and Wick and Senators Knudson, Bogue, and Kelly

       FOR AN ACT ENTITLED, An Act to   require certain contact information to be provided when being registered to vote by private entities or individuals.

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

     HB 1087   Introduced by:  Representatives Buckingham, Boomgarden, Bradford, Frost, Garnos, Halverson, Hargens, Heineman, Krebs, Kroger, Rave, Tornow, Van Etten, Weems, and Willadsen and Senators Knudson, Bogue, and Kelly

       FOR AN ACT ENTITLED, An Act to   require certain voter registration forms to be filed within an established time frame and to establish certain penalties.

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


     HB 1088   Introduced by:  The Committee on Appropriations

       FOR AN ACT ENTITLED, An Act to   appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

     HB 1089   Introduced by:  Representatives Cutler, McCoy, and Miles and Senators Sutton (Dan), Duniphan, Gray, and Olson (Ed)

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

     HB 1090   Introduced by:  Representatives Cutler, Elliott, Sebert, and Vehle and Senators McCracken, Broderick, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   allow debt cancellation contract and debt suspension contract fees to be included in consumer installment sales contracts.

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

     There being no objection, the House proceeded to Order of Business No. 13.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 13:   FOR AN ACT ENTITLED, An Act to   create certain provisions regarding transfers of experience rating accounts and assignment of unemployment insurance tax rates.

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

     SB 15:   FOR AN ACT ENTITLED, An Act to   provide that certain submissions constitute waiver of the right to change a hearing examiner in certain contested cases regarding workers' compensation.

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

     SB 20:   FOR AN ACT ENTITLED, An Act to   prohibit a mobile telecommunications service provider from including a subscriber's telephone number in a wireless directory assistance service database without the subscriber's authorization.

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

     SB 29:   FOR AN ACT ENTITLED, An Act to   provide the South Dakota risk pool with the ability to enter into certain provider contracts and to declare an emergency.

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

     SB 30:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding creditable health insurance coverage.

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

     SB 48:   FOR AN ACT ENTITLED, An Act to   authorize the director of the Division of Banking to enter into certain interstate agreements and to establish certain procedures regarding those agreements.

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

     SB 49:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding payments or assignments by insurance producers for referrals.

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

     SB 59:   FOR AN ACT ENTITLED, An Act to   permit the involuntary feeding or hydration of a prisoner.

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

     SB 63:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding pedestrian control signals.

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

     There being no objection, the House reverted to Order of Business No. 11.


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1035:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of remote service banking.

     Was read the second time.

     The question being "Shall HB 1035 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Van Norman

     Excused:
Buckingham; Van Etten

     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 1033:   FOR AN ACT ENTITLED, An Act to   establish certain provisions with regard to the past tax liability of sellers who agree to collect sales and use tax under the Streamlined Sales and Use Tax Agreement.

     Was read the second time.

     The question being "Shall HB 1033 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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 Norman; Vehle; Weems; Wick; Willadsen

     Nays:
Speaker Michels

     Excused:
Buckingham; Van Etten

     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 1021:   FOR AN ACT ENTITLED, An Act to   revise the state trunk highway system.

     Was read the second time.

     The question being "Shall HB 1021 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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 Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Buckingham; Van Etten

     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 1022:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the winter safe maintenance fund.

     Was read the second time.

     The question being "Shall HB 1022 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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 Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Buckingham; Van Etten

     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 1023   :   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the required labeling of motor vehicle window film or glaze.

     Was read the second time.

     Rep. Bradford requested that HB 1023 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1034:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the investigation of vehicle dealers.

     Was read the second time.

     The question being "Shall HB 1034 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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 Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Buckingham; Van Etten

     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 1042:   FOR AN ACT ENTITLED, An Act to   provide limited immunity to persons that report certain vehicle dealer violations.

     Was read the second time.

     The question being "Shall HB 1042 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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 Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Buckingham; Van Etten

     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 1019:   FOR AN ACT ENTITLED, An Act to   make firefighters from nonprofit corporate rural fire departments eligible for state workers compensation when working for the Department of Agriculture.

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

     The question being "Shall HB 1019 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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 Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Buckingham; Van Etten

     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 provisions concerning voter registration.

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

     The question being "Shall HB 1007 pass?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

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

     Nays:
Elliott; Haley; Valandra; Van Norman

     Excused:
Buckingham; Olson (Ryan); Van Etten

     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 1008:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning absentee ballots.

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

     The question being "Shall HB 1008 pass?"

     And the roll being called:

     Yeas 55, Nays 12, Excused 3, Absent 0

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

     Nays:
Bradford; Dennert; Elliott; Gassman; Glenski; Haley; Kroger; Street; Thompson; Tornow; Valandra; Van Norman

     Excused:
Buckingham; Olson (Ryan); Van Etten

     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 1045:   FOR AN ACT ENTITLED, An Act to   provide for the continuance of coverage for dependents on certain health insurance policies.

     Was read the second time.

     Rep. Boomgarden moved that HB 1045 be deferred to Friday, January 21st, the 8th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1046:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding examination reports of insurers and insurance producers.

     Was read the second time.

     The question being "Shall HB 1046 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

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

     Nays:
Van Norman

     Excused:
Buckingham; Olson (Ryan); Van Etten; Weems

     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 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.

     Was read the second time.

     The question being "Shall HB 1044 pass as amended?"


     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent 0

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

     Nays:
Bradford; Valandra

     Excused:
Buckingham; Olson (Ryan); Van Etten; Weems

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

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:56 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

JOINT MEMORIAL SERVICE

    Pursuant to the report of the Joint-Select Committee as found on page 56 of the House Journal, the House of Representatives and the Senate met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of twelve former members of the South Dakota Legislature, namely: the Honorable Dale V. Andersen, the Honorable George D. Blue, the Honorable Willis E. "Bill" Danekas, the Honorable Robert W. Hirsch, the Honorable Robert C. Kostboth, Sr., the Honorable Carol Maicki, the Honorable Maurice A. Olson, the Honorable Robert L. Samuelson, the Honorable James L. Stoick, the Honorable Elvern Varilek, the Honorable Drue J. Vitter, and the Honorable Mary Kathryn Wagner; and


    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self- government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eightieth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

    BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Eightieth Session of the Legislature of the State of South Dakota, now assembled this 20th day of January, 2005, at Pierre, South Dakota.