JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 2, 2005

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

     The prayer was offered by the Chaplain, Pastor Wes Labrier, followed by the Pledge of Allegiance led by House page Suzanne Miller.

     Roll Call: All members present except Reps. Gillespie and Hills 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 fifteenth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Matthew Michels, Chair

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


February 2, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bills 1007, 1010, 1020, and 1048, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1155 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1157 and returns the same with the recommendation that said bill be amended as follows:

1157ra
     On page 2, line 2 of the printed bill, after " may " insert ", within thirty days of the occurrence,".

1157fb
     On page 1, line 14 of the printed bill, after " retailer. " insert:

"The written request for the vehicle owner information may only be submitted by the registered owner or corporate officer of the motor fuel business. The owner or corporate officer shall enclose a self-addressed and stamped envelope with the written request. The format for the request shall be prescribed by the Department of Public Safety and include the following information:

             (1)    The name and signature of the employee witnessing the theft;
             (2)    The name and signature of the owner or corporate officer;
             (3)    The address and telephone number of the owner or corporate officer;
             (4)    License plate number of the motor vehicle; and
             (5)    Reference to the applicable provisions of this Act.
     The law enforcement officer shall respond, in writing, to the owner or corporate officer of the motor fuel business.".

     On page 2 , line 3, after " shall " insert "be prescribed by the Department of Public Safety and".

1157rb
     On page 3, after line 1 of the printed bill, insert:

"
     Section 5. If a motor fuel retailer receives payment or a court award pursuant to this Act, the motor fuel retailer may not initiate or pursue a criminal action against the motor vehicle owner because of that loss.".


1157rd
     On page 2 of the printed bill, delete lines 23 and 24 , and insert "expenses.".

     On page 3 , delete line 1 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1174 and returns the same with the recommendation that said bill be amended as follows:

1174rb
     On page 1, line 7 of the printed bill, delete " , by so doing, the driver's conduct endangers the life of " .

     On page 1 , line 8, after " thirteen " insert "is".

     On page 1 , line 13, delete " , by so doing, the driver's conduct endangers the life of " .

     On page 1 , line 14, after " thirteen " insert "is".

     On page 2 , line 4, delete " , by so doing, the driver's conduct endangers the life of " .

     On page 2 , line 5, after " thirteen " insert "is".

     And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1172 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 39 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1095 and returns the same with the recommendation that said bill be amended as follows:

1095je
     On the printed bill, delete everything after the enacting clause and insert:

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

     The commissioner of the Bureau of Personnel shall establish and implement a drug screening program for applicants who seek positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision. The commissioner may establish and implement a drug screening program for employees holding positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision, based upon reasonable suspicion of illegal drug use by any such employee.

     Section 2. That chapter 1-36A be amended by adding thereto a NEW SECTION to read as follows:

     Any printed public announcement or advertisement soliciting applications for employment at the South Dakota Human Services Center or South Dakota Developmental Center for a position in which the primary duty includes patient or resident care or supervision, shall include a statement of the requirements of the drug screening program established pursuant to this Act.

     Section 3. That chapter 1-36A be amended by adding thereto a NEW SECTION to read as follows:

     Individual test results and medical information collected pursuant to this Act are confidential. This information may be revealed only as authorized by the commissioner of the Bureau of Personnel. An applicant or employee may have access to the information or test results upon written request to the commissioner.

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

     Except as provided in section 3 of this Act, any person responsible for recording, reporting, or maintaining medical information required pursuant to the provisions of this Act, who knowingly or intentionally discloses or fails to protect medical information declared to be confidential under section 3 of this Act, or who compels another person to disclose such medical information, is guilty of a Class 2 misdemeanor.

     Section 5. That chapter 1-36A be amended by adding thereto a NEW SECTION to read as follows:

     The commissioner of the Bureau of Personnel may promulgate rules, pursuant to 1-26, necessary to carry out the provisions of this Act with regard to:

             (1)    Listing of positions whose primary duty includes patient or resident care or supervision;

             (2)    Substances to be screened;

             (3)    Drug screening procedures for applicants for positions at the South Dakota Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;

             (4)    Drug screening procedures for employees at the South Dakota Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;

             (5)    Procedures for collecting, analyzing, and evaluating test samples;

             (6)    Confidentiality of testing procedures;

             (7)    Referral for education or treatment;

             (8)    Consequences that may result from valid positive test results or from failure to submit to a test.
    
     Section 6. That chapter 27B-1 be amended by adding thereto a NEW SECTION to read as follows:

     Any adjustment training center shall have a drug screening policy for applicants seeking employment whose primary duty includes patient or resident care or supervision. Any adjustment training center shall have a drug screening policy for employees whose primary duty includes patient or resident care or supervision, based upon reasonable suspicion of illegal drug use by such employee. No adjustment training center may have a drug screening policy that is less stringent than the drug screening program adopted pursuant to this Act."

1095jte
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "provide for a drug screening program for certain facilities providing patient or resident care or supervision.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1173 and tabled the same.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill be amended as follows:

1110ob
     On page 1 of the printed bill, delete line 10 , and insert "In the event of sickness or confinement, a qualified voter may".

     On page 1 , line 15, after " election. " insert " On the day of the election, any qualified voter may use the authorized messenger provision. ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1139 and returns the same with the recommendation that said bill be amended as follows:

1139ta
     On page 1, line 7 of the printed bill, after " revenues " insert " through the generation of energy, renewable energy, or improved metering technology ".
     On page 2 , line 2, overstrike " ten-year " and insert " fifteen-year ".

     On page 2 , line 6, after " Other " insert " energy or utility-related ".

     On page 2 , line 6, after " improve " insert " energy or metering ".

     On page 2 , line 7, after " revenues " insert " through the generation of energy, renewable energy, or improved metering technology ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1156 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1111 and returns the same with the recommendation that said bill be amended as follows:

1111fc
     On page 2, line 17 of the printed bill, delete " or the " and insert " . ".

     On page 2 , delete line 18 .

     On page 3, delete lines 4 to 23 , inclusive, and insert:

"
     Section 3. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

     A dealer may offer for sale, sell, or exchange a vehicle without a certificate of title if the dealer complies with the following applicable provisions:

             (1)    The dealer has a record of purchase, sale, or exchange of a vehicle to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;

             (2)    If the vehicle is encumbered by a lien noted on the title, the dealer shows that payment has been tendered to the lienholder for the amount of the lien, except a lien that is the result of dealer inventory financing; or
             (3)    If the dealer is required by law to obtain title prior to offering the vehicle for sale and the dealer has applied for title through the electronic on-line title system and has submitted the documents to the department.

     This section does not relieve a dealer from the provisions of §  32-3-7.

     Section 4. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

     If a person trades in a vehicle to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the vehicle and the vehicle has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder who is noted on the title.

     Section 5. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

     If a dealer enters into an agreement pursuant to section 4 of this Act, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the vehicle for sale until payment has been tendered to the lienholder, except on a consigned vehicle, whereby the dealer shall comply with the terms of the consignment agreement.

     Section 6.That § 32-6C-6 be amended to read as follows:

     32-6C-6.   Any dealer licensed under the provisions of this chapter, shall keep books, records, or files, in such form as prescribed or approved by the department . The licensee shall keep a record of the purchase, sale, or exchange, of any snowmobile, a description of the snowmobile together with the name and address of the owner or other person from whom the snowmobile was purchased or received, and to whom it was sold or delivered. The description shall include the snowmobile serial number, manufacturer's make, and model. The dealer shall also have in his possession a certificate of title from the previous owner of any snowmobile not purchased from the manufacturer from the time the snowmobile is delivered to him until it has been disposed of by him. Such record shall be opened to inspection by any law enforcement officer or department inspector , including the following:

             (1)    A record of the purchase, sale, or exchange, of any snowmobile;

             (2)    A description of each snowmobile purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the snowmobile was purchased or received and to whom it was sold or delivered. The description shall include the snowmobile identification number and manufacturer's make and model; and

             (3)    A certificate of title from the previous owner of any snowmobile not purchased from the manufacturer, from the time the snowmobile is delivered to the dealer until it has been disposed of by the dealer.
     The books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue and regulation .

     Section 7. That chapter 32-6C be amended by adding thereto a NEW SECTION to read as follows:

     A dealer may offer for sale, sell, or exchange a snowmobile without a certificate of title if the dealer complies with the following applicable provisions:

             (1)    The dealer has a record of purchase, sale, or exchange of a snowmobile to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;

             (2)    If the snowmobile is encumbered by a lien noted on the title, the dealer shall show that payment has been tendered to the lienholder for the amount of the lien, except a lien that is the result of dealer inventory financing; or

             (3)    If the dealer is required by law to obtain title prior to offering the snowmobile for sale and the dealer has applied for title through the electronic on-line title system and has submitted the documents to the department.

     This section does not relieve a dealer from the provisions of §  32-3-7.

     Section 8. That chapter 32-6C be amended by adding thereto a NEW SECTION to read as follows:

     If a person trades in a snowmobile to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the snowmobile and the snowmobile has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder who is noted on the title.

     Section 9. That chapter 32-6C be amended by adding thereto a NEW SECTION to read as follows:

     If a dealer enters into an agreement pursuant to section 8 of this Act, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the snowmobile for sale until payment has been tendered to the lienholder, except on a consigned snowmobile, whereby the dealer shall comply with the terms of the consignment agreement.

     Section 10. That § 32-7A-12 be amended to read as follows:

     32-7A-12.   Every Any dealer or manufacturer licensed under the provisions of this chapter, shall keep a record, in such form as may be prescribed by the Department of Revenue and Regulation . The licensee shall keep a record of the purchase, sale or exchange, or receipt for the purpose of sale, of any mobile home or manufactured home. The licensee shall also keep a record of a description of the home together with the name and address of the seller, the purchaser, or other person from whom it was received or to whom it was delivered , including the following:


             (1)    A record of the purchase, sale, or exchange, of any mobile or manufactured home;

             (2)    A description of each mobile or manufactured home purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the mobile or manufactured was purchased or received and to whom it was sold or delivered. The description shall include the mobile or manufactured home identification number and manufacturer's make and model; and

             (3)    A certificate of title from the previous owner of any mobile or manufactured home not purchased from the manufacturer, from the time the mobile or manufactured home is delivered to the dealer until it has been disposed of by the dealer.

     The books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue and regulation .

     Section 11. That chapter 32-7A be amended by adding thereto a NEW SECTION to read as follows:

     A dealer may offer for sale, sell, or exchange a mobile or manufactured without a certificate of title if the dealer complies with the following applicable provisions:

             (1)    The dealer has a record of purchase, sale, or exchange of a mobile or manufactured home to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;

             (2)    If the mobile or manufactured home is encumbered by a lien noted on the title, the dealer shall show that payment has been tendered to the lienholder for the amount of the lien, except a lien that is the result of dealer inventory financing; or

             (3)    If the dealer is required by law to obtain title prior to offering the mobile or manufactured home for sale and the dealer has applied for title through the electronic on-line title system and has submitted the documents to the department.

     This section does not relieve a dealer from the provisions of §  32-3-7.
     Section 12. That chapter 32-7A be amended by adding thereto a NEW SECTION to read as follows:

     If a person trades in a mobile or manufactured home to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the mobile or manufactured home and the mobile or manufactured home has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder who is noted on the title.

     Section 13. That chapter 32-7A be amended by adding thereto a NEW SECTION to read as follows:

     If a dealer enters into an agreement pursuant to section 12 of this Act, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the mobile or manufactured home for sale until payment has been tendered to the lienholder, except on a consigned mobile or manufactured home, whereby the dealer shall comply with the terms of the consignment agreement.

     Section 14. That § 32-7B-9 be amended to read as follows:

     32-7B-9.   Any dealer licensed under the provisions of this chapter, shall keep books, records, or files, in such form as prescribed or approved by the department . The licensee shall keep a record of the purchase, sale or exchange, of any boat, a description of the boat together with the name and address of the owner or other person from whom the boat was purchased or received, and to whom it was sold or delivered for a period of five years. The description shall include the boat serial number, manufacturer's make and model. The dealer shall also have in possession a certificate of title from the previous owner of any boat not purchased from the manufacturer from the time the boat is delivered to the dealer until it has been disposed of by the dealer. Such record shall be opened to inspection by any law enforcement law officer or department inspector , including the following:

             (1)    A record of the purchase, sale, or exchange, of any boat;

             (2)    A description of each boat purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the boat was purchased or received and to whom it was sold or delivered. The description shall include the boat identification number and manufacturer's make and model; and

             (3)    A certificate of title from the previous owner of any boat not purchased from the manufacturer, from the time the boat is delivered to the dealer until it has been disposed of by the dealer.

     The books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue and regulation .

     Section 15. That chapter 32-7B be amended by adding thereto a NEW SECTION to read as follows:

     A dealer may offer for sale, sell, or exchange a boat without a certificate of title if the dealer complies with the following applicable provisions:

             (1)    The dealer has a record of purchase, sale, or exchange of a boat to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;

             (2)    If the boat is encumbered by a lien noted on the title, the dealer shall show that payment has been tendered to the lienholder for the amount of the lien, except a lien that is the result of dealer inventory financing; or

             (3)    If the dealer is required by law to obtain title prior to offering the boat for sale and the dealer has applied for title through the electronic on-line title system and has submitted the documents to the department.

     This section does not relieve a dealer from the provisions of §  32-3-7.
     Section 16. That chapter 32-7B be amended by adding thereto a NEW SECTION to read as follows:

     If a person trades in a boat to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the boat and the boat has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder who is noted on the title.

     Section 17. That chapter 32-7B be amended by adding thereto a NEW SECTION to read as follows:

     If a dealer enters into an agreement pursuant to section 16 of this Act, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the boat for sale until payment has been tendered to the lienholder, except on a consigned boat, whereby the dealer shall comply with the terms of the consignment agreement.".

1111fd
     On the previous amendment (1111fc) at the end of section 4, after " title. " insert "Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A. The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft.".

    At the end of section 8, after "title." insert "Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A. The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft."

    At the end of section 12, after "title." insert "Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A. The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft."

    At the end of section 16, after "title." insert "Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A. The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft."


1111fta
     On page 1 of the printed bill, delete line 2 , and insert "to be kept by certain dealers and to require that certain liens be".
     On page 1 , line 3, after " vehicle " insert ", snowmobile, mobile or manufactured home, or boat".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1171 and returns the same with the recommendation that said bill be amended as follows:

1171fa
     On page 2, after line 2 of the printed bill, insert:

"      Section 3. That § 32-6B-3 be amended to read as follows:

     32-6B-3.   Any vehicle dealer or public auction may sell, or offer to sell, new or used vehicles on consignment. For the purposes of this chapter, consignment means the delivery of a vehicle by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the vehicle or has a right to return the vehicle to the seller. Any vehicle dealer or public auction who sells, or offers to sell, South Dakota titled vehicles on consignment shall enter into a contract with the consignor. The department shall prescribe the form of the contract. ".


1171fta
     On page 1, line 1 of the printed bill, delete " snowmobile " and insert "certain".

     On page 1 , line 2, after " snowmobiles " insert "and vehicles".

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

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1151 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1019, 1030, 1031, 1032, 1039, and 1070 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1008 and 1043 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 57, 98, 105, 112, 134, 159, and 178 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

HONORED GUESTS


     Rep. Nelson introduced the 2003-2004 Outstanding School Administrators of South Dakota: Mark Froke, Vermillion, School Superintendents Association; Janet Karel, McCook Central/Salem, Business Officials Association; Betty Ann Bringman, Eagle Butte, Elementary School Principals Association; Dan Leikvold, Spearfish, Secondary School Principals Association; Suzanne Hegg, Sioux Valley/Volga, Secondary/Middle School Principals Association; Peggy Blair, Aberdeen, Association of Supervision and Curriculum Development; and Dean Lindstrom, SE Area Coop-Beresford, South Dakota Council of Administrators of Special Education.

MOTIONS AND RESOLUTIONS


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

     Rep. Hunhoff moved that SCR 2 as found on pages 184 and 185 of the Senate Journal be concurred in.

     The question being on Rep. Hunhoff's motion that SCR 2 be concurred in.


     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Howie; Hunhoff; Hunt; 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; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Hills; Lange; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

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

     Rep. Tidemann moved that SCR 3 as found on pages 221 and 222 of the Senate Journal be concurred in.

     The question being on Rep. Tidemann's motion that SCR 3 be concurred in.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Hills; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.


CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on SB 42 as found on page 256 of the House Journal ; also

     Local Government on HB 1038 as found on page 258 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1257   Introduced by:  The Committee on Judiciary at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   revise the composition of the Board of Pardons and Paroles.

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

     HB 1258   Introduced by:  The Committee on Judiciary at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   revise the definition of an abused or neglected child.

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

     HB 1259   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   reestablish eligibility for certain veterans to qualify for the veterans' bonus program and to declare an emergency.

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

     HB 1260   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   create the South Dakota Electric Transmission Assistance Authority.

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

     HB 1261   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   provide for the refund of the sales and contractor's excise tax for certain power generation facilities.

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

     HB 1262   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   provide a partial exemption to the assessment of certain power generation facilities for property tax purposes.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1013:   FOR AN ACT ENTITLED, An Act to   provide for the recodification of certain sections of South Dakota Retirement System law.

     Was read the second time.

     The question being "Shall HB 1013 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Hills; Valandra

     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 1014:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the South Dakota Retirement System special pay plan.

     Was read the second time.

     The question being "Shall HB 1014 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Hills; Valandra

     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 1016:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the benefits available to certain South Dakota Retirement System members who retired and later reentered active status.

     Was read the second time.

     The question being "Shall HB 1016 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Hills; Valandra

     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 1017:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the types of service necessary for certain South Dakota Retirement System benefits.

     Was read the second time.

     The question being "Shall HB 1017 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Gillespie; Hills; Valandra

     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 1094:   FOR AN ACT ENTITLED, An Act to   provide for the division of farm mutual insurance companies.

     Was read the second time.

     The question being "Shall HB 1094 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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 1115:   FOR AN ACT ENTITLED, An Act to   require that supplemental coverages be made available with automobile liability policies.

     Was read the second time.

     The question being "Shall HB 1115 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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 1152:   FOR AN ACT ENTITLED, An Act to   establish an internal service fund for municipal equipment purchases.

     Was read the second time.

     The question being "Shall HB 1152 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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.

     SB 50:   FOR AN ACT ENTITLED, An Act to   remove certain references regarding conversion from the requirements for continuation of group health coverage.

     Was read the second time.

     The question being "Shall SB 50 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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.


     SB 52:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the payment of burial expenses by life insurers and fraternal benefit societies.

     Was read the second time.

     The question being "Shall SB 52 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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.

    Speaker Michels now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1093:   FOR AN ACT ENTITLED, An Act to   allow certain nonpublic school students to participate in interscholastic activities at other nonpublic schools.

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

     The question being "Shall HB 1093 pass?"

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent 0

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

     Nays:
Dennert; Elliott; Haley; Hargens; Hunhoff; Kroger; McLaughlin; Pederson (Gordon); Roberts; Street; Thompson; Speaker Michels

     Excused:
Gillespie; 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 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.

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

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     Rep. Miles moved that HB 1132 be amended as follows:

     On page 2, line 4 of the printed bill, delete everything after " counties. " and insert " In such case, the county commissioners of the contracting counties shall jointly appoint the two board members referred to in this section. The members may be residents of any of the counties under joint contract. ".

     On page 2 , delete lines 5 and 6 .

     Which motion prevailed and HB 1132 was so amended.

     The question being "Shall HB 1132 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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 1162:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to cardiopulmonary resuscitation directives.

     Was read the second time.

     The question being "Shall HB 1162 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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 1196:   FOR AN ACT ENTITLED, An Act to   establish a vaccination program for first responders.

     Was read the second time.

     The question being "Shall HB 1196 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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 1011:   FOR AN ACT ENTITLED, An Act to   establish a program of recoveries and fraud investigations in the Department of Social Services.

     Was read the second time.

     Rep. Hunt moved that HB 1011 be deferred to Thursday, February 3rd, the 17th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1012:   FOR AN ACT ENTITLED, An Act to   establish certain penalties for the unauthorized acquisition or transfer of food stamp benefits.

     Was read the second time.

     Rep. Sebert moved that HB 1012 be deferred to Thursday, February 3rd, the 17th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1119:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the sale of out-of-state motor vehicles.

     Was read the second time.


     The question being "Shall HB 1119 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Dykstra

     Excused:
Gillespie; 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 1015:   FOR AN ACT ENTITLED, An Act to   extend the period of time that members of the South Dakota Retirement System who were mobilized into certain federal military service may acquire credited service at a prior cost.

     Was read the second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; 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:
Gillespie; 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 1098:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions related to the terms of conservation easements.

     Was read the second time.

     The question being "Shall HB 1098 pass?"

     And the roll being called:

     Yeas 54, Nays 14, Excused 2, Absent 0

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

     Nays:
Deadrick; Dennert; Elliott; Faehn; Frost; Glenski; Hanks; Hargens; Hunhoff; Novstrup; Olson (Ryan); Sebert; Valandra; Van Etten

     Excused:
Gillespie; 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.

     Rep. Rhoden moved that HB 1168, 1163, 1169, and SB 29 be deferred to Thursday, February 3rd, the 17th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 57:   FOR AN ACT ENTITLED, An Act to   establish an intensive residential treatment center as a category of a child welfare agency.

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


     SB 98:   FOR AN ACT ENTITLED, An Act to   provide for specific penalties for certain fifth and subsequent offense driving under the influence convictions.

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

     SB 105:   FOR AN ACT ENTITLED, An Act to   revise the procedure for disposing certain surplus property.

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

     SB 112:   FOR AN ACT ENTITLED, An Act to   repeal certain requirements related to works of art in state buildings.

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

     SB 134:   FOR AN ACT ENTITLED, An Act to   revise the dates for holding certain elections and filing certain nominating petitions.

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

     SB 159:   FOR AN ACT ENTITLED, An Act to   authorize the President Pro Tempore to appoint certain members of the Interim Rules Review Committee.

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

     SB 178:   FOR AN ACT ENTITLED, An Act to   provide for the creation of county interdisciplinary child information teams and to regulate their memberships, authority, and responsibilities.

     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 1037, 1044, 1071, and 1072 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., February 2, 2005.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1019, 1030, 1031, 1032, 1039, and 1070 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     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.

     HB 1030: FOR AN ACT ENTITLED, An Act to  refine the definition of a critical access hospital.

     HB 1031: FOR AN ACT ENTITLED, An Act to  authorize the establishment of a delayed marriage record.

     HB 1032: FOR AN ACT ENTITLED, An Act to  revise cancer reporting requirements.

     HB 1039: FOR AN ACT ENTITLED, An Act to  prohibit insurance producers from influencing witnesses.

     HB 1070: FOR AN ACT ENTITLED, An Act to  provide for the arrest and detention of certain probationers believed to be in violation of their probation conditions by court service officers or law enforcement officers.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1014   Introduced by:  Representatives Schafer, Boomgarden, Bradford, Elliott, Faehn, Fryslie, Garnos, Glenski, Hennies, Hills, Howie, Hunhoff, Jerke, Kraus, Krebs, Lange, McLaughlin, Michels, Nelson, Novstrup, O'Brien, Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Sigdestad, Tidemann, Turbiville, Van Norman, and Willadsen and Senators Nesselhuf, Bogue, Duenwald, Knudson, Kooistra, Olson (Ed), and Peterson (Jim)

         A LEGISLATIVE COMMEMORATION,  Honoring Gretchen Ludeman for her outstanding commitment and dedication to the field of teaching and to the youth of our state.

     WHEREAS,  Gretchen Ludeman received a Bachelor of Science Degree in Education from Southern College in Springfield and a Master's Degree in Education from the University of South Dakota; and

     WHEREAS,  Gretchen touched the lives of thousands of students as a teacher in the Vermillion School District for thirty-five years; and

     WHEREAS,  Gretchen was actively involved in the South Dakota Education Association and the National Education Association serving as a board member for the SDEA/SE Great Lakes Unit, the NEA director for South Dakota for six years, a member of the SDEA Executive Committee, and a member of the South Dakota Educators Political Involvement Committee and winning a lifetime achievement award in 2000; and

     WHEREAS,  Gretchen is lovingly remembered and dearly missed by her three children, Kathy, Rick, and Sally; her five grandchildren; and all her many friends and teaching colleagues at Vermillion Middle School:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Gretchen Ludeman be lovingly remembered and honored for her outstanding contribution to education in South Dakota.

     HC 1015   Introduced by:  Representatives Deadrick and Glover and Senator Bartling

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Marcella Strand of the Modern Woodmen of America on her selection to receive the 2004 Fraternalist of the Year Award from the National Fraternal Congress of America.

     WHEREAS,  Marcella Strand has been recognized for her outstanding volunteer service in her community of Platte and her excellent leadership in her local Modern Woodmen of America chapter; and

     WHEREAS,  her community has benefitted from the many gatherings she has organized and the numerous fund-raising and volunteer projects she has initiated; and

     WHEREAS,  she has a deep desire to help others and has made a positive impact for the State of South Dakota:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Marcella Strand of the Modern Woodmen of America has been recognized for her efforts to enrich her community with her selection to receive the 2004 Fraternalist of the Year Award from the National Fraternal Congress of America.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:42 p.m. the House adjourned.

Karen Gerdes, Chief Clerk