JOURNAL OF THE HOUSE

EIGHTIETH SESSION  




TWELFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 27, 2005

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Erin Chase.

     Roll Call: All members present.

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 eleventh 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 SB 13, 30, and 49 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 1101 and returns the same with the recommendation that said bill be amended as follows:

1101ja
     On page 1, line 11 of the printed bill, delete " or a career agent but " and insert "who is".

     On page 1 , line 11, after " agent and " insert "who".

     On page 1 , line 12, after " company " delete "," and insert "or".

     On page 1 , line 12, after " companies, " delete " or an " and insert "even if the single".

     On page 1 , line 13, delete " that " .

     On page 1 , line 13, delete " or career " .

     On page 1 , line 14, after " contract " insert ",".

     And that as so amended said bill do pass.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1059 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair


Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1100 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 SB 1, 22, and 47 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1093 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1069 and 1073 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 7 and 8 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 Local Government respectfully reports that it has had under consideration HB 1102 and tabled the same.


Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1107 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas Hennies, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 60, 82, and 85 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1003:   A CONCURRENT RESOLUTION,   Expressing the gratitude of South Dakota to Thomas A. Daschle for his distinguished service to state and nation.

     Rep. Haley moved that HCR 1003 as found on page 171 of the House Journal be adopted.

     The question being on Rep. Haley's motion that HCR 1003 be adopted.

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

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

     Nays:
Hackl; Howie; Klaudt; Van Etten


     Excused:
Pederson (Gordon)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.

     HCR 1004:   A CONCURRENT RESOLUTION,   Supporting a Taiwan-United States free trade agreement.

     Rep. Hunt moved that HCR 1004 as found on pages 171 and 172 of the House Journal be adopted.

     The question being on Rep. Hunt's motion that HCR 1004 be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

     HCR 1005:   A CONCURRENT RESOLUTION,   Concerning endorsement of the participation of Taiwan in the World Health Organization.

     Rep. Hunt moved that HCR 1005 as found on pages 172 and 173 of the House Journal be adopted.

     The question being on Rep. Hunt's motion that HCR 1005 be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 28th, the 13th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1049 as found on pages 164 to 169 of the House Journal ; also

     Judiciary on HB 1105 as found on page 169 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1148   Introduced by:  Representatives Van Etten, Brunner, Cutler, Frost, Hennies, Hunhoff, Jensen, Kraus, Krebs, Michels, Murschel, Peters, Rave, Roberts, Sebert, and Tornow and Senators Knudson, Abdallah, Bogue, Gray, Koetzle, Koskan, and Moore

       FOR AN ACT ENTITLED, An Act to   provide that certain statements and actions made by health care providers are not admissible to prove negligence or culpable conduct in medical malpractice actions.

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


     HB 1149   Introduced by:  Representatives Dennert, Deadrick, Glenski, Pederson (Gordon), and Rave and Senators Bartling, Hanson (Gary), and Moore

       FOR AN ACT ENTITLED, An Act to   allow for cross-border education contracts.

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

     HB 1150   Introduced by:  Representatives Klaudt, Bradford, Brunner, Davis, Dennert, Elliott, Frost, Fryslie, Garnos, Gassman, Glenski, Hackl, Hargens, Jensen, Lange, McCoy, Olson (Ryan), Pederson (Gordon), Rounds, Sebert, Sigdestad, Tidemann, Valandra, and Weems and Senators Bartling, Apa, Duenwald, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Koetzle, Koskan, McNenny, Moore, Nesselhuf, Olson (Ed), Peterson (Jim), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

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

     HB 1151   Introduced by:  Representative Hunt and Senator Napoli

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the right-of-way at certain intersections.

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

     HB 1152   Introduced by:  Representatives Kroger and Rave and Senators Kooistra and Bartling

       FOR AN ACT ENTITLED, An Act to   establish an internal service fund for municipal equipment purchases.

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

     HB 1153   Introduced by:  Representatives Olson (Ryan), Davis, Deadrick, Dennert, Dykstra, Fryslie, Hackl, and Sigdestad and Senators Hansen (Tom), Duenwald, Hundstad, Lintz, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   revise certain sales tax provisions related to products and substances associated with the application of pesticides.

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


     HB 1154   Introduced by:  Representatives Hanks, Brunner, Elliott, Hennies, Kraus, and McLaughlin and Senators McCracken and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   limit municipal annexation near regional airport authorities.

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

     HB 1155   Introduced by:  Representatives Cutler, Haley, Hargens, Jensen, Putnam, and Rounds and Senators Olson (Ed), Bogue, Koetzle, and Moore

       FOR AN ACT ENTITLED, An Act to   define liquefied petroleum gas equipment and appliances for purposes of product liability.

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

     HB 1156   Introduced by:  Representatives Valandra, Bradford, and Van Norman and Senator Two Bulls

       FOR AN ACT ENTITLED, An Act to   prohibit businesses that use outsourcing from receiving state financial assistance or incentives.

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

     HB 1157   Introduced by:  Representatives Michels, Frost, Garnos, Gillespie, Rounds, Thompson, Vehle, and Weems and Senators Broderick, Abdallah, Koskan, McCracken, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for recovery of motor fuel theft.

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

     HB 1158   Introduced by:  Representatives Dennert, Glenski, Rausch, Schafer, and Wick and Senators Bartling and McCracken

       FOR AN ACT ENTITLED, An Act to   appropriate funds to provide cochlear implants to certain children.

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


     HB 1159   Introduced by:  Representatives Murschel, Boomgarden, Brunner, Dennert, Dykstra, Howie, Krebs, Kroger, McLaughlin, Nelson, O'Brien, Rounds, Schafer, and Tidemann and Senators Dempster, Abdallah, Duniphan, Hansen (Tom), Koetzle, McCracken, Nesselhuf, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   allow intrastate shipment of wine to consumers by farm wineries.

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

     HB 1160   Introduced by:  Representatives Murschel, Boomgarden, Cutler, Krebs, Kroger, Schafer, Sebert, and Street and Senators Broderick, Abdallah, Kelly, Koetzle, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to franchises and cable services.

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

     HB 1161   Introduced by:  Representatives Murschel, Dennert, Faehn, Fryslie, Gillespie, Glenski, Hackl, Halverson, Koistinen, McCoy, Miles, Nelson, Pederson (Gordon), Peters, Rausch, Sigdestad, Thompson, Weems, and Wick and Senators Greenfield, Bartling, Broderick, Gant, Hanson (Gary), Kooistra, Nesselhuf, Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   appropriate funds for reimbursement for care of residents of nursing facilities.

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

     HB 1162   Introduced by:  Representatives Rave, Boomgarden, Buckingham, Cutler, Davis, Deadrick, Faehn, Frost, Jensen, Kraus, McLaughlin, Miles, Murschel, Nelson, Olson (Ryan), Schafer, Tornow, Van Etten, and Willadsen and Senators Lintz, Knudson, Kooistra, Olson (Ed), Schoenbeck, Smidt, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to cardiopulmonary resuscitation directives.

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


     HB 1163   Introduced by:  Representatives Sigdestad, Dennert, Elliott, Frost, Fryslie, Gassman, Haley, Halverson, Hargens, Hennies, Kroger, Lange, Michels, Miles, Novstrup, Pederson (Gordon), Roberts, and Street and Senators Hanson (Gary), Abdallah, Bartling, Hundstad, Koetzle, Kooistra, McCracken, Moore, Nesselhuf, and Smidt

       FOR AN ACT ENTITLED, An Act to   allow Vietnam veterans to receive honorary high school diplomas.

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

     HB 1164   Introduced by:  Representatives Elliott, Dennert, Frost, Garnos, and Novstrup and Senators Kooistra, Hundstad, Napoli, Nesselhuf, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the allowance for support when a divorce is granted.

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

     HB 1165   Introduced by:  Representatives Hunt, Boomgarden, Cutler, Krebs, Kroger, Murschel, Schafer, and Street and Senators Broderick, Abdallah, Kelly, Koetzle, Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide cable operators and others access to multiple dwelling units.

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

     HB 1166   Introduced by:  Representatives Hunt, Boomgarden, Brunner, Buckingham, Deadrick, Dykstra, Elliott, Gassman, Gillespie, Glenski, Hackl, Hanks, Hargens, Haverly, Heineman, Hennies, Howie, Hunhoff, Jerke, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Michels, Miles, Novstrup, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Street, Tornow, Van Etten, Weems, Wick, and Willadsen and Senators Bartling, Apa, Broderick, Duenwald, Earley, Gant, Greenfield, Hansen (Tom), Hanson (Gary), Kelly, Kloucek, Koetzle, Kooistra, Koskan, Lintz, McNenny, Moore, Napoli, Olson (Ed), Schoenbeck, Smidt, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   establish certain legislative findings pertaining to the health and rights of women, to revise the physician disclosure requirements to be made to a woman contemplating submitting to an abortion, and to provide for certain causes of action for professional negligence if an abortion is performed without informed consent.

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


     HB 1167   Introduced by:  Representatives Frost, Boomgarden, Cutler, Dennert, Elliott, Faehn, Fryslie, Halverson, Jensen, Jerke, Klaudt, Kraus, Miles, Novstrup, Putnam, Rave, Schafer, Sebert, and Thompson and Senators Adelstein, Dempster, Hundstad, Olson (Ed), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   provide for the development of a statewide 211 system for the purpose of providing information about community services and to make an appropriation therefor.

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

     HB 1168   Introduced by:  Representatives Deadrick, Hunt, Michels, and Rhoden and Senator Bogue

       FOR AN ACT ENTITLED, An Act to   revise the homestead exemption.

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

     HB 1169   Introduced by:  Representatives Heineman, Bradford, Cutler, Elliott, Garnos, Hargens, Hennies, Hunhoff, McCoy, McLaughlin, Murschel, Nelson, Olson (Ryan), Rhoden, Roberts, Rounds, Schafer, and Weems and Senators Olson (Ed), Bogue, Moore, Nesselhuf, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   clarify certain procedures for terminating or nonrenewing a teacher's contract.

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

     HB 1170   Introduced by:  Representative Heineman

       FOR AN ACT ENTITLED, An Act to   require school districts to pay for certain distance learning courses taken by students.

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

     HB 1171   Introduced by:  Representatives Weems, Faehn, Gassman, Krebs, Lange, Miles, Pederson (Gordon), Schafer, Sebert, and Willadsen and Senators Gant, Bartling, Kelly, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   permit snowmobile dealers or public auctions to sell snowmobiles on consignment.

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


     HB 1172   Introduced by:  Representatives Weems, Boomgarden, Buckingham, Elliott, Garnos, Haley, McCoy, O'Brien, Rave, Rounds, and Thompson and Senators Gant, Abdallah, Bartling, Knudson, McCracken, Olson (Ed), Smidt, and Sutton (Dan)

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

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

     HB 1173   Introduced by:  Representatives Weems, Buckingham, Elliott, Garnos, McCoy, O'Brien, Rave, and Rounds and Senators Smidt, Abdallah, Bartling, Knudson, McCracken, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the grounds for revocation, suspension, or cancellation of an athletic trainer's license.

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

     HB 1174   Introduced by:  Representatives Olson (Ryan), Buckingham, Haverly, and McCoy and Senators Duenwald, Abdallah, Broderick, Duniphan, and McCracken

       FOR AN ACT ENTITLED, An Act to   prohibit the endangerment of any child by means of reckless driving or driving under the influence and to provide penalties therefor.

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

     HB 1175   Introduced by:  Representatives Van Etten, Cutler, Dennert, Dykstra, Frost, Garnos, Glenski, Hunhoff, Krebs, McCoy, McLaughlin, Michels, O'Brien, Sebert, Vehle, Weems, and Wick and Senators Knudson, Abdallah, Bogue, Broderick, Duniphan, Earley, Hansen (Tom), Kelly, Koskan, McCracken, McNenny, Moore, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   allow physicians to receive payment for services provided to an injured party when the injured party recovers compensation for the injury from another person.

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

     HB 1176   Introduced by:  Representatives Dennert, Haley, Lange, Miles, Roberts, Sigdestad, and Thompson and Senators Peterson (Jim), Bartling, Kloucek, Koetzle, Kooistra, Moore, Nesselhuf, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the index factor and the procedure for determining the per student allocation.


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

     HB 1177   Introduced by:  Representatives Haverly, Cutler, Davis, Dykstra, Hackl, Hanks, Howie, Jensen, Klaudt, Lange, Novstrup, Olson (Ryan), Pederson (Gordon), Rave, and Turbiville and Senators Napoli, Bogue, Dempster, Duenwald, Greenfield, Hundstad, McNenny, Olson (Ed), Schoenbeck, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   classify certain persons as residents for purposes of higher education tuition.

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

     HB 1178   Introduced by:  Representatives Rounds, Halverson, Hanks, Hennies, Kroger, Olson (Ryan), Sebert, and Turbiville and Senators Koskan and Gray

       FOR AN ACT ENTITLED, An Act to   provide a means to correct errors or omissions made to recorded plats.

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

     HB 1179   Introduced by:  Representatives Wick, Dennert, Hanks, Klaudt, and Peters and Senators McCracken, Kelly, Peterson (Jim), Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of vehicle manufactures, franchisors, and dealers.

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

     HB 1180   Introduced by:  Representatives Schafer, Hanks, Hills, McLaughlin, and Turbiville and Senators Olson (Ed), Dempster, Duniphan, Gray, Kelly, McCracken, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning business improvement districts and to exempt general occupational tax receipts from the sales and gross receipts taxes.

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

     HB 1181   Introduced by:  Representatives Gassman, Bradford, Cutler, Davis, Dennert, Elliott, Fryslie, Garnos, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Haverly, Hennies, Howie, Hunhoff, Jensen, Jerke, Koistinen, Kraus, Kroger, Lange, McCoy, Miles, Nelson, Novstrup, Rave, Roberts, Rounds, Sigdestad, Street, Thompson, Tornow, Valandra, Van Etten, Van Norman, and Weems and Senators Greenfield, Apa, Bartling, Bogue, Broderick, Dempster, Duniphan, Gray, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Koetzle, Kooistra, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Sutton (Dan), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   exempt certain amateur sports officials from sales tax.

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

     HB 1182   Introduced by:  Representatives Dykstra, Boomgarden, Brunner, Cutler, Davis, Faehn, Frost, Fryslie, Hackl, Haley, Halverson, Jerke, McLaughlin, Murschel, Nelson, Olson (Ryan), Pederson (Gordon), Putnam, Rausch, Rave, Rounds, Schafer, Sebert, Sigdestad, Street, Tidemann, Vehle, and Willadsen and Senators Hansen (Tom), Abdallah, Bogue, Broderick, Dempster, Gray, McNenny, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   establish a refundable checkoff program for cattle.

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

     HB 1183   Introduced by:  Representatives Bradford, Hargens, Sigdestad, Valandra, and Van Norman and Senators Bartling and Hanson (Gary)

       FOR AN ACT ENTITLED, An Act to   extend the sunset date related to the construction of nursing homes on Indian reservations.

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

     HB 1184   Introduced by:  Representatives Bradford, Hargens, Kroger, Sigdestad, Valandra, and Van Norman and Senators Bartling and Hanson (Gary)

       FOR AN ACT ENTITLED, An Act to   reauthorize the construction of nursing facilities on American Indian reservations under certain circumstances.

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

     HB 1185   Introduced by:  Representatives Van Norman, Bradford, Hargens, Kroger, Sigdestad, and Valandra and Senators Bartling and Hanson (Gary)

       FOR AN ACT ENTITLED, An Act to   implement the federal Indian Child Welfare Act.

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


     HB 1186   Introduced by:  Representatives Bradford, Hargens, Kroger, Sigdestad, and Van Norman and Senators Bartling and Hanson (Gary)

       FOR AN ACT ENTITLED, An Act to   revise certain real property assessment procedures for land degraded by prairie dogs.

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

     HB 1187   Introduced by:  Representatives Bradford, Hargens, Sigdestad, Valandra, and Van Norman and Senators Hanson (Gary) and Bartling

       FOR AN ACT ENTITLED, An Act to   establish the prairie dog management assistance program and to make an appropriation therefor.

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

     HB 1188   Introduced by:  Representatives Michels, Gillespie, Rounds, and Willadsen and Senators Sutton (Dan) and Bogue

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding amounts payable under reinsurance contracts in liquidation proceedings of insurers.

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

     HB 1189   Introduced by:  Representatives Rhoden, Davis, Deadrick, Dykstra, Elliott, Frost, Gillespie, Hackl, Hargens, Hennies, Hunhoff, Klaudt, Koistinen, Kraus, Miles, Nelson, O'Brien, Pederson (Gordon), Peters, Putnam, Rave, Tornow, Turbiville, Vehle, and Wick and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   clarify the application of certain provisions pertaining to the sale of pistols.

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

     HB 1190   Introduced by:  Representatives Rhoden, Boomgarden, Brunner, Buckingham, Cutler, Davis, Deadrick, Dykstra, Faehn, Frost, Fryslie, Garnos, Hackl, Halverson, Hanks, Hargens, Haverly, Hills, Howie, Hunhoff, Jensen, Jerke, Klaudt, Kraus, McCoy, Michels, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rounds, Sebert, Sigdestad, Street, Tidemann, Turbiville, Valandra, Vehle, Weems, Wick, and Willadsen and Senators Koskan, Abdallah, Bartling, Bogue, Broderick, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hundstad, Lintz, McCracken, McNenny, Moore, Napoli, Peterson (Jim), Smidt, and Sutton (Dan)


       FOR AN ACT ENTITLED, An Act to   provide for recognition of certain valid nonresident permits to carry a concealed pistol.

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

     HB 1191   Introduced by:  Representatives Hargens, Dennert, Elliott, Fryslie, Haley, Jensen, Kroger, Lange, Nelson, Street, and Valandra and Senator Hansen (Tom)

       FOR AN ACT ENTITLED, An Act to   add a segment of highway in Jerauld County to the state trunk highway system.

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

     HB 1192   Introduced by:  Representative O'Brien and Senators Knudson and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Athletes Agents Act.

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

     HB 1193   Introduced by:  Representative O'Brien and Senators Knudson and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Child-Custody Jurisdiction and Enforcement Act and to repeal the Uniform Child Custody Jurisdiction Act.

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

     HB 1194   Introduced by:  Representatives O'Brien, Garnos, and Rounds and Senator Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   require notification to certain retail licensees of prohibited alcohol sales to persons below the age of twenty-one prior to any subsequent violation.

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

     HB 1195   Introduced by:  Representative O'Brien and Senators Knudson and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Environmental Covenants Act.

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


     HB 1196   Introduced by:  Representatives Rave, Davis, Dykstra, Faehn, Gillespie, Hargens, Heineman, Jensen, Jerke, Miles, Murschel, Nelson, Roberts, and Schafer and Senators Dempster, Greenfield, Kooistra, Lintz, McNenny, Moore, Olson (Ed), Peterson (Jim), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   establish a vaccination program for first responders.

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

     HB 1197   Introduced by:  Representatives Fryslie, Davis, Gassman, Haverly, Howie, Hunhoff, Koistinen, Kroger, McLaughlin, Nelson, Sebert, Sigdestad, Street, Tornow, and Willadsen and Senators Greenfield, Apa, Broderick, and Gray

       FOR AN ACT ENTITLED, An Act to   continue certain restrictions on the use of artificial lights to hunt or locate wild animals.

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

     HB 1198   Introduced by:  Representatives Fryslie, Koistinen, and Nelson and Senator Greenfield

       FOR AN ACT ENTITLED, An Act to   include records of the county weed and pest board with certain records maintained by the register of deeds related to real property.

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

     HB 1199   Introduced by:  Representatives Fryslie, Koistinen, and Nelson and Senator Greenfield

       FOR AN ACT ENTITLED, An Act to   require county weed and pest boards to terminate certain orders that have been implemented.

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

     HB 1200   Introduced by:  Representatives McCoy, Hanks, Kroger, and McLaughlin and Senators Gray and Dempster

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions permitting certain decisions of a planning commission to be overruled by other public bodies.

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


     HB 1201   Introduced by:  Representatives Putnam, Cutler, Deadrick, Dennert, Gassman, Glover, Halverson, Hargens, Hunhoff, Jerke, Klaudt, Kroger, Olson (Ryan), Peters, Sigdestad, Street, and Tidemann and Senators Schoenbeck, Bartling, Gray, Hanson (Gary), Hundstad, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise the labeling requirements for certain types of motor fuel.

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

     HB 1202   Introduced by:  Representatives Cutler, Hennies, Hunhoff, Kraus, Murschel, Pederson (Gordon), Rounds, Sebert, Tornow, and Willadsen and Senators Napoli, Abdallah, Bartling, Bogue, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide for a salvage title.

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

     HB 1203   Introduced by:  Representatives Murschel and Wick and Senator Earley

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the distribution of the tax imposed on financial institutions.

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

     HB 1204   Introduced by:  Representatives Van Norman, Bradford, Elliott, Haley, Halverson, Kroger, and Valandra and Senators Two Bulls, Adelstein, Bartling, Kloucek, Kooistra, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   require certain statistics regarding traffic law enforcement to be collected and maintained.

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

     HJR 1003   Introduced by:  Representatives Hanks, Brunner, Haverly, Hills, Koistinen, and McCoy and Senators Napoli, Apa, Earley, Gant, Greenfield, Hanson (Gary), Koskan, Moore, Schoenbeck, and Sutton (Dan)

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article V, § 7 of the Constitution of the State of South Dakota, relating to the appointment and retention of Supreme Court justices and circuit court judges.

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



SECOND READING OF CONSENT CALENDAR ITEMS


     SB 62:   FOR AN ACT ENTITLED, An Act to   authorize the South Dakota Science and Technology Authority to invest funds with the State Investment Council.

     Was read the second time.

     The question being "Shall SB 62 pass?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, 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; 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; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Valandra; 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.

     SB 31:   FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     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.

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

     Was read the second time.

     The question being "Shall SB 63 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     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 1084:   FOR AN ACT ENTITLED, An Act to   revise the circumstances for when special elections for home rule charters shall be called.

     Was read the second time.


     Rep. Schafer moved that HB 1084 be deferred to Friday, January 28th, the 13th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1097:   FOR AN ACT ENTITLED, An Act to   authorize the use of special elections to fill vacancies in the office of the mayor and on the governing boards of certain municipalities.

     Was read the second time.

     The question being "Shall HB 1097 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, 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; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford

     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   increase the motorcycle safety education fee and to provide for the repeal of the fee.

     Was read the second time.

     The question being "Shall HB 1078 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     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 60:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to child support.

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

     SB 82:   FOR AN ACT ENTITLED, An Act to   permit a real estate broker to appoint agents within an office to represent separate parties to a real estate transaction.

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

     SB 85:   FOR AN ACT ENTITLED, An Act to   modify certain provisions relating to the charging of employers for the payment of unemployment insurance benefits.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


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

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

54rb

     Rep. O'Brien moved that SB 54 be amended as follows:

     On page 1, line 9 of the House Judiciary Committee engrossed bill, overstrike " , and " and insert " . If the court determines that the child should be placed for adoption, ".
     Which motion prevailed and SB 54 as so amended.

     The question being "Shall SB 54 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 7, Excused 0, Absent 0

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

     Nays:
Bradford; Glover; Hunt; Lange; Thompson; Valandra; 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.

     SB 14:   FOR AN ACT ENTITLED, An Act to   modify provisions related to the payment of unemployment insurance benefits.

     Was read the second time.

14o

     Rep. Elliott moved that SB 14 be amended as follows:

     On page 1 of the printed bill, delete lines 13 to 16 , inclusive.

     On page 2 , delete lines 1 to 5 , inclusive.

     A roll call vote was requested and supported.

     The question being on Rep. Elliott's motion that SB 14 be amended.

     And the roll being called:

     Yeas 21, Nays 49, Excused 0, Absent 0


     Yeas:
Boomgarden; Bradford; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

     Nays:
Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question being "Shall SB 14 pass?"

     And the roll being called:

     Yeas 52, Nays 18, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; 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.

     SB 18:   FOR AN ACT ENTITLED, An Act to   require the Public Utilities Commission to disburse certain bond or other proceeds to affected customers.

     Was read the second time.

     The question being "Shall SB 18 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     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.

     SB 19:   FOR AN ACT ENTITLED, An Act to   revise the length of time for the Public Utilities Commission to act on an application for a certificate of authority for interexchange telecommunications service.

     Was read the second time.

     The question being "Shall SB 19 pass?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; 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 Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Elliott; Faehn

     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.

     SB 32:   FOR AN ACT ENTITLED, An Act to   change certain references from the Department of Revenue and Regulation to the Department of Public Safety.

     Was read the second time.

     The question being "Shall SB 32 pass?"



     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; 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 Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Elliott; 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.

     SB 44:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the collection of debt and fees by the Bureau of Administration.

     Was read the second time.

     The question being "Shall SB 44 pass?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, 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; 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 Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; 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.


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1009, 1010, 1020, and 1048 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1009: FOR AN ACT ENTITLED, An Act to  revise certain filing requirements for limited liability companies and to repeal certain obsolete provisions.

     HB 1010: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding federal tax lien registrations.

     HB 1020: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to clemency hearings and other hearings of the Board of Pardons and Paroles.

     HB 1048: FOR AN ACT ENTITLED, An Act to  modify certain bonding provisions for nonresident violators of game, fish and park laws.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1008   Introduced by:  Representatives Hargens, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, 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, and Willadsen and Senators Moore, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls



         A LEGISLATIVE COMMEMORATION,  Honoring an outstanding South Dakota legislator and baseball participant and coach, Representative David Gassman, for his upcoming induction into the South Dakota Sports Hall of Fame.

     WHEREAS,  Representative Gassman has displayed his excellent athletic abilities by playing amateur baseball for forty years at Dakota State University, Canova, South Dakota, and surrounding communities; and

     WHEREAS,  Representative Gassman has educated, and enhanced the lives of, many people in South Dakota by coaching and umpiring Amateur Baseball, American Legion Baseball, Teener Baseball, and other youth baseball programs for thirty-three years; and

     WHEREAS,  Representative Gassman's athletic ability, dedication and enthusiasm for the sport, and perseverance have been recognized previously with his induction into the Dakota State University Hall of Fame in 1996, the South Dakota Intercollegiate Conference Hall of Fame in 1996, the South Dakota Umpire Hall of Fame in 2002, and the South Dakota Amateur Baseball Hall of Fame in October of 2004:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Representative David Gassman be honored and congratulated upon his selection to be inducted into the South Dakota Sports Hall of Fame.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:20 p.m. the House adjourned.

Karen Gerdes, Chief Clerk