House Journal 02/03/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 3, 2005

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

The prayer was offered by the Chaplain, Chief Alfred Red Cloud, followed by the Pledge of Allegiance led by House page Megan Whipple.

Roll Call: All members present except Rep. Garnos who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the sixteenth 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 3, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 2, 2005, I approved House Bills 1009, 1021, 1022, 1035, 1037, 1044, 1045, 1046, 1047, 1050, 1055, 1063, 1064, and 1072, 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1232 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1203 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 10 to 13 , inclusive, and insert:

For school districts operating during the years 1972 to 1976, inclusive, that reorganize, the funds shall be apportioned and distributed to the successor districts in the same manner and proportion as they were distributed prior to reorganization. For any school district affected by a consolidation on or after July 1, 2003, as defined in § 13-6-1, the successor school district shall receive the funds allocated to each of the former school districts. For any school district eliminated or subdivided by a reorganization on or after July 1, 2003, as defined in § 13-6-1, each successor school district shall receive a portion of the funds allocated to the former school district. Each successor school district's portion of the funds shall be based upon the percentage of the total taxable valuation of the former school district transferred to the successor school district, at the time of the reorganization. ".

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

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1113, 1121, and 1186 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1159 and 1179 and SB 40 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1147 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 6 of the printed bill, delete " 22-1-2(5) " and insert "22-1-2(25)".

On page 2, line 4 of the printed bill, delete " Five " and insert "Seven".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1207 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1126 and 1198 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1200 and returns the same with the recommendation that said bill be amended as follows:

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

"
Section 1. That § 11-6-21 be amended to read as follows:

11-6-21. If the public way, ground, place, space, building, structure, or utility referred to in § 11-6-19 be one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the council or other body or official of the municipality, then the submission of such to the planning commission shall be by the board or official having such jurisdiction ~~, and the planning commission's disapproval may be overruled by said board by a vote of not less than two-thirds of its entire membership or by said official~~ . If disapproved by the council pursuant to § 11-6-20, such disapproval may be appealed by the board or official having such jurisdiction to a court of appropriate jurisdiction and decided based upon a balancing of the interests as set forth in case law . "

On the previously adopted amendment (1200ra) delete " council " and insert " governing body of the municipality ".

At the end of the previously adopted amendment (1200ra) delete " a court of appropriate jurisdiction and decided based upon a balancing of the interests as set forth in case law " and insert " circuit court ".

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

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1199 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, after " resolution " insert " and file a copy of the termination with the register of deeds ".

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

Respectfully submitted,
Thomas Hennies, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1023 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 2, 41, 73, 95, 116, and 122 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 13 and has appointed Sens. Knudson, McCracken, and Dan Sutton as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

The Speaker appointed Reps. Sebert, Rounds, and Van Norman as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 13.

MOTIONS AND RESOLUTIONS

Rep. Davis moved that the House do concur in Senate amendments to HB 1008.

The question being on Rep. Davis's motion that the House do concur in Senate amendments to HB 1008.

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Nays:
Thompson

Excused:
Garnos; Valandra

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

Rep. Wick moved that the House do concur in Senate amendments to HB 1043.

The question being on Rep. Wick's motion that the House do concur in Senate amendments to HB 1043.

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; 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; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Garnos; Valandra

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1157 as found on pages 278 and 279 of the House Journal ; also

Judiciary on HB 1174 as found on page 279 of the House Journal ; also

Health and Human Services on HB 1095 as found on pages 280 to 282 of the House Journal ; also

State Affairs on HB 1110 as found on page 282 of the House Journal ; also

State Affairs on HB 1139 as found on pages 282 and 283 of the House Journal ; also

Transportation on HB 1111 as found on pages 283 to 289 of the House Journal ; also

Transportation on HB 1171 as found on page 289 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 39: FOR AN ACT ENTITLED, An Act to repeal the requirement for tuberculosis screening for school students and employees.

Was read the second time.

The question being "Shall SB 39 pass?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; 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; Van Norman

Excused:
Garnos; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

Rep. Boomgarden moved that HB 1106 be deferred to Tuesday, February 8^th, the 21^st legislative day.

Which motion prevailed and the bill was so deferred.

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.

The question being "Shall HB 1011 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; Dykstra; Elliott; Faehn; Frost; Fryslie; 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:
Van Norman

Excused:
Garnos; Valandra

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Hunt moved that the title to HB 1011 be amended as follows:

On page 1, line 1 of the House Judiciary Committee engrossed bill, delete " establish " and insert "make certain provisions for".

Which motion prevailed and the title was so amended.

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. Bradford moved that HB 1012 be amended as follows:

On page 2, line 4 of the House Judiciary Committee engrossed bill, delete everything after " felony. " .

On page 2 , delete lines 5 and 6 .

On page 2 , line 7, delete " of the offense. " .

Rep. Hennies moved that HB 1012 be amended as follows:

On page 2, line 11 of the House Judiciary Committee engrossed bill, after " 2005. " insert "As used in this Act, the term, EBT, means electronic benefit transfer.".

Which motion prevailed and HB 1012 was so amended.

The question being "Shall HB 1012 pass as amended?"

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; 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; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Elliott; Glover; Lange; Thompson; Valandra; Van Norman

Excused:
Garnos

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 1168: FOR AN ACT ENTITLED, An Act to revise the homestead exemption.

Was read the second time.

The question being "Shall HB 1168 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Garnos

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 1163: FOR AN ACT ENTITLED, An Act to allow Vietnam veterans to receive honorary high school diplomas.

Was read the second time.

The question being "Shall HB 1163 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Garnos

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 1169: FOR AN ACT ENTITLED, An Act to clarify certain procedures for terminating or nonrenewing a teacher's contract.

Was read the second time.

The question being "Shall HB 1169 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Garnos

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 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the responsibility of alcohol licensees that sell alcohol to underage people.

Was read the second time.

The question being "Shall HB 1038 pass as amended?"

And the roll being called:

Yeas 49, Nays 20, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Buckingham; Cutler; Davis; Dennert; Elliott; Faehn; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hennies; Hills; Howie; Jensen; Jerke; Koistinen; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; Pederson (Gordon); Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen

Nays:
Brunner; Deadrick; Dykstra; Frost; Haverly; Hunhoff; Hunt; Klaudt; Kraus; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Tidemann; Van Etten; Speaker Michels

Excused:
Garnos

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 1155: FOR AN ACT ENTITLED, An Act to define liquefied petroleum gas equipment and appliances for purposes of product liability.

Was read the second time.

The question being "Shall HB 1155 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Garnos

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 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of athletic trainers.

Was read the second time.

The question being "Shall HB 1172 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Garnos

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.

HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, relating to the definition of marriage.

Was read the second time.

Rep. Hargens moved that HJR 1001 be amended as follows:

On page 2, line 2 of the printed resolution, delete everything after " Dakota. " .

On page 2 , delete line 3 .

A roll call vote was requested and supported.

The question being on Rep. Hargens' motion that HJR 1001 be amended.

And the roll being called:

Yeas 18, Nays 51, Excused 1, Absent 0

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

Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Gillespie; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Miles; 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

Excused:
Garnos

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 HJR 1001 pass?"

And the roll being called:

Yeas 55, Nays 14, Excused 1, Absent 0

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

Nays:
Bradford; Elliott; Gassman; Glover; Haley; Hargens; Kroger; Lange; Murschel; Roberts; Street; Thompson; Valandra; Van Norman

Excused:
Garnos

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 2: FOR AN ACT ENTITLED, An Act to revise the procedure for assessing certain agricultural property.

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

SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding access to vital records.

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

SB 73: FOR AN ACT ENTITLED, An Act to revise the power of rural fire protection districts to contract with certain entities.

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

SB 95: FOR AN ACT ENTITLED, An Act to authorize account wagering and multi- jurisdictional simulcasting and interactive wagering totalizator hubs and to revise certain provisions regarding pari-mutuel racing.

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

SB 116: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the Richard Hagen-Minerva Harvey Scholarship Program.

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

SB 122: FOR AN ACT ENTITLED, An Act to restrict the entry of conservation officers onto certain private land without permission.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

The question being "Shall SB 29 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Garnos

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.

SB 42: FOR AN ACT ENTITLED, An Act to revise the areas where the Game, Fish and Parks Commission may require a park license.

Was read the second time.

The question being "Shall SB 42 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; 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); 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:
Haverly; Peters

Excused:
Garnos

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.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 59.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1019, 1030, 1031, 1032, 1039, and 1070 were delivered to his Excellency, the Governor, for his approval at 9:15 a.m., February 3, 2005.

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1023 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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

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

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.

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:58 p.m. the House adjourned.

Karen Gerdes, Chief Clerk