House Journal 02/04/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 4, 2005

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

The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House page Bonnie Koster.

Roll Call: All members present except Reps. Dykstra, Frost, Halverson, and Rausch 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 seventeenth 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 3, 2005, I approved House Bills 1019, 1030, 1031, 1032, 1039, 1070, and 1071, 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 Health and Human Services respectfully reports that it has had under consideration SB 38 and 56 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 89 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 SB 55 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 15 of the Senate Judiciary Committee engrossed bill, after " relative " insert " or custodian ".

On page 2 , line 1, after " relative " insert " or custodian ".

On page 2 , between lines 11 and 12, insert:

As used in this section, the term, custodian, means an adult who is the biological parent, adoptive parent, or guardian of the child's sibling or half-sibling. ".

And that as so amended said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1018, 1057, and 1150 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
J.E. "Jim" Putnam, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 84 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 SB 70 and returns the same with the recommendation that said bill be amended as follows:

On page 70, line 14 of the printed bill, delete " 160 " and insert "166".

On page 50, line 23 of the printed bill, after " candidates. " insert "If there exists a tie vote between candidates, with resulting failure of choice as to any place as director, such choice shall be determined by drawing of lots under such procedure that all rights of the candidates involved in such tie are adequately safeguarded.".

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 1221 and tabled the same.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1120 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1205 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1211 and 1223 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1033, 1040, and 1066 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 92, 99, 106, 117, 124, 129, 136, 139, 146, 155, and 169 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006 Introduced by: Representatives Valandra, Boomgarden, Bradford, Haley, Halverson, and Van Norman and Senators Adelstein, Bartling, and Two Bulls

A CONCURRENT RESOLUTION, Requesting Congress to provide funding to implement the memorandum of understanding between the United Sioux Tribes of South Dakota Development Corporation and the United States Geological Survey related to geographic information systems, information technology, and the United Sioux Tribes Center for Geographic Information Systems Resources.

WHEREAS, the United Sioux Tribes of South Dakota was incorporated in 1970 by the chairmen of the nine Sioux reservations located in South Dakota; and

WHEREAS, the United Sioux Tribes of South Dakota Development Corporation includes eleven directors consisting of the chairmen from eleven Lakota-Nakota-Dakota tribes, including the Oglala Sioux Tribe, Yankton Sioux Tribe, Flandreau-Santee Sioux Tribe, Sisseton- Wahpeton Sioux Tribe, Lower Brule Sioux Tribe, Crow Creek Sioux Tribe, Standing Rock Sioux Tribe, Cheyenne River Sioux Tribe, Spirit Lake Sioux Tribe, Santee Sioux Tribe of Nebraska, and Rosebud Sioux Tribe; and

WHEREAS, the United States Geological Survey and the United Sioux Tribes of South Dakota Development Corporation entered into a Memorandum of Understanding on October 27, 2004, to establish a working relationship for developing geographic information systems, information technology, natural science research and training, and the sharing of science data and facilities; and

WHEREAS, the Memorandum of Understanding includes plans to establish a geographic information systems framework that reflects traditional Native American culture and perspectives; a Native American database; a repository for cultural resource information in a United Sioux Tribes Center for Geographic Information System Resources; a data service to be administered by Native Americans for Native Americans to provide an inventory of tribal land, natural resources, economic resources, and businesses; the application of remote sensing technology to aid tribal agriculture and other earth science-related studies; and a variety of other projects in the disciplines of geology, biology, hydrology, and geography; and

WHEREAS, the objectives of the Memorandum of Understanding provide major benefits for the scientific community, the Native American population of the upper Midwest and the entire nation, and the citizens of South Dakota:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature requests and urges the United States Congress with the assistance of the President of the United States to authorize and appropriate ten million dollars each year for five years to the United Sioux Tribes of South Dakota Development Corporation to research, develop, and implement the United Sioux Tribes Center for Geographic Information System Resources and associated programs, such as the National Tribal Cultural Resources Database, as provided in the Memorandum of Understanding between the United Sioux Tribes of South Dakota Development Corporation and the United States Geological Survey.

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

HCR 1007 Introduced by: Representatives Lange, Bradford, Dennert, Gassman, Glenski, Glover, Halverson, Hargens, Roberts, Sigdestad, Street, Thompson, and Van Norman and Senators Moore, Hanson (Gary), Hundstad, Kloucek, and Two Bulls

A CONCURRENT RESOLUTION, Urging the United States Congress to enhance federal veterans benefits for members of the National Guard and other reserve components of the armed forces who have been called into active federal service.

WHEREAS, those who dedicate their lives to protecting our nation perform a brave and valuable service to our state and nation and are deserving of special legislative recognition; and

WHEREAS, in recent years, the United States has suffered significant loss of life and property in terrorist attacks, culminating in the September 11, 2001, attacks on the World Trade Center and the Pentagon; and

WHEREAS, the United States is now engaged in combat on several domestic and international fronts, being fought by all of the nation's military forces; and

WHEREAS, the size of the active duty United States military forces has been steadily reduced by approximately one-third since the collapse of the Soviet Union in 1989, so that National Guard and Reserve troops now account for nearly one-half of the United States' total military strength; and

WHEREAS, the Department of Defense has mobilized more National Guard and Reserve members for the Global War on Terrorism than for any other national emergency since World War II. Nearly forty percent of United States military personnel currently serving in Operation Iraqi Freedom and Operation Enduring Freedom are National Guard and Reserve troops who are serving in a manner equivalent to the service of our regular active duty troops; and

WHEREAS, National Guard and Reserve members are highly skilled and fully cross-trained for domestic emergency and counter-terrorism missions and deployments abroad. Since September 11, 2001, they have been deployed in large numbers for both types of missions; and

WHEREAS, all of the activated National Guard and Reserve troops face substantial burdens and risks, including extended separations from family and loved ones; postponement of educational and career development opportunities; forfeiting civilian job compensation and benefits, while often incurring additional expenditures and increased personal and family debt; facing the physical and psychological dangers of deployment to hostile regions, involvement in combat, and the constant fear of death or maiming from roadside bombs, conventional weapons, and other terrorist weapons; and enduring the challenges of transitioning back into civilian life after each deployment, while preparing for the next deployment into active military duty; and

WHEREAS, the various federal benefits for National Guard and Reserve troops serving on active duty are often significantly less than those received by the full-time military personnel serving beside them in equivalent roles; and

WHEREAS, it is crucial that the nation retain these highly trained citizen-soldiers within the National Guard and Reserves following the completion of each deployment into active military service:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly urges the United States Congress to increase the benefits for National Guard and Reserve members by designating full veterans status for National Guard and Reserve members who have been ordered to active military duty under U.S.C., Title 10 or Title 32, and who provide honorable service for the time period so ordered; and

BE IT FURTHER RESOLVED, that National Guard and Reserve members who are ordered to active military duty under U.S.C., Title 10 or Title 32, for a cumulative period of one hundred eighty days or more may enroll in the active duty GI Bill for educational assistance; and

BE IT FURTHER RESOLVED, that National Guard and Reserve members who are ordered to active military duty under U.S.C., Title 10 or Title 32, for a cumulative period of thirty days or more may enroll in individual and family TRICARE health insurance upon their demobilization from active duty status and return to drill status, at a co-pay and premium rate comparable to that of federal employees participating in similar health insurance programs; and

BE IT FURTHER RESOLVED, that each National Guard and Reserve member may establish a pre-tax/tax deferred savings plan, similar to but apart from a 401K retirement plan, which could be tapped without penalty to help cover financial expenses when the member is mobilized into active duty; and

BE IT FURTHER RESOLVED, that National Guard and Reserve members who have been ordered to active military combat service be provided eligibility for burial in national cemeteries; and

BE IT FURTHER RESOLVED, that the age of eligibility for retirement benefits be advanced from age sixty to one year earlier for every two years beyond twenty years that a person has provided honorable service in the National Guard or Reserve.

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

HCR 1008 Introduced by: Representatives Dennert, Cutler, Davis, Dykstra, Garnos, Gassman, Halverson, Hargens, Howie, Hunhoff, Rausch, Rave, Rhoden, Sigdestad, and Street and Senators Bogue, Bartling, Gray, Hundstad, Kooistra, Lintz, Nesselhuf, Peterson (Jim), and Sutton (Dan)

A CONCURRENT RESOLUTION, Requesting the President and Congress to support Mandatory Country of Origin Labeling of agricultural products.

WHEREAS, Mandatory Country of Origin Labeling (COOL) for meats, fruits, vegetables, and a variety of other agricultural products was included as part of the 2002 farm bill; and

WHEREAS, COOL had the support of the vast majority of American consumers, and will be a strong economic boost for our South Dakota producers; and

WHEREAS, COOL is a safe and good sense policy considering the on-going threat of bioterrorism; and

WHEREAS, American consumers deserve to, and have a right to know where their food comes from so that they are able to make informed decisions regarding the food that they serve their families; and

WHEREAS, with the issue of BSE plaguing Canadian producers and closing American markets in Asia, COOL is the main tool that needs to be used to restore market confidence, and restore stability to the international beef market:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the President and the United States Congress support American producers and consumers by supporting COOL and immediately providing full funding for implementation of common sense rules that will finally assure that foreign and domestic customers have full knowledge of the origin of the food they eat.

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

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, February 5^th, the 19^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on HB 1203 as found on pages 308 and 309 of the House Journal ; also

Education on HB 1227 as found on page 309 of the House Journal ; also

Local Government on HB 1200 as found on pages 310 and 311 of the House Journal ; also

Local Government on HB 1199 as found on page 311 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 92: FOR AN ACT ENTITLED, An Act to define a recreation vehicle, to exempt certain recreation vehicles from the maximum width restrictions for a vehicle, and to provide a length limitation for motor vehicles.

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

SB 99: FOR AN ACT ENTITLED, An Act to permit financial institutions to prepay future tax liabilities.

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

SB 106: FOR AN ACT ENTITLED, An Act to revise the restrictions of transfers from bond redemption funds.

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

SB 117: FOR AN ACT ENTITLED, An Act to provide for the development and implementation of certain animal identification programs to maintain animal health and ensure the safety of the food supply.

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

SB 124: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to bank investments in certain annuities.

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

SB 129: FOR AN ACT ENTITLED, An Act to prohibit the display of social security numbers on driver licenses or nondriver identification cards.

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

SB 136: FOR AN ACT ENTITLED, An Act to provide a procedure for awarding construction project contracts if no bids are received during a competitive bid process and to declare an emergency.

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

SB 139: FOR AN ACT ENTITLED, An Act to establish certain requirements for insurance policies covering certain long-term care services.

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

SB 146: FOR AN ACT ENTITLED, An Act to to limit the time for bringing actions against certain professional corporations and professional practitioners.

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

SB 155: FOR AN ACT ENTITLED, An Act to specifically exempt certain political subdivisions from the imposition of the sales and use tax.

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

SB 169: FOR AN ACT ENTITLED, An Act to require hospitals to report the charges for certain diagnostic-related groups.

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1171: FOR AN ACT ENTITLED, An Act to permit certain dealers or public auctions to sell snowmobiles and vehicles on consignment.

Was read the second time.

The question being "Shall HB 1171 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dykstra; Frost; Halverson; Putnam; Rausch; 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.

Speaker Pro tempore Deadrick now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1157: FOR AN ACT ENTITLED, An Act to provide for recovery of motor fuel theft.

Was read the second time.

The question being "Shall HB 1157 pass as amended?"

And the roll being called:

Yeas 63, Nays 2, Excused 5, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; 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; 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:
Dykstra; Frost; Halverson; Rausch; 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.

Speaker Michels now presiding.

HB 1174: 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 second time.

Rep. Tornow moved that HB 1174 be amended as follows:

On page 1, line 8 of the House Judiciary Committee engrossed bill, delete " Class 2 " and insert "Class 1".

On page 1 , line 12, delete " recklessly " and insert "carelessly and heedlessly in disregard of the rights or safety of others and at an unreasonable speed or in an unreasonable manner so as to endanger or be likely to endanger any person or property".

On page 1 , line 14, delete " Class 2 " and insert "Class 1".

On page 2 , line 3, delete " recklessly " and insert "carelessly and heedlessly in disregard of the rights or safety of others and at an unreasonable speed or in an unreasonable manner so as to endanger or be likely to endanger any person or property".

On page 2 , line 6, delete " Class 2 " and insert "Class 1".

A roll call vote was requested and supported.

The question being on Rep. Tornow's motion that HB 1174 be amended.

And the roll being called:

Yeas 34, Nays 32, Excused 4, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Davis; Faehn; Fryslie; Hanks; Haverly; Hennies; Hills; Howie; Hunhoff; Jerke; Koistinen; Kraus; Krebs; Kroger; McLaughlin; Murschel; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rave; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Weems; Willadsen

Nays:
Bradford; Cutler; Deadrick; Dennert; Elliott; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Hargens; Heineman; Hunt; Jensen; Klaudt; Lange; McCoy; Miles; O'Brien; Rhoden; Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Norman; Vehle; Wick; Speaker Michels

Excused:
Dykstra; Frost; Halverson; Rausch

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1174 was so amended.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being "Shall HB 1174 pass as amended?"

And the roll being called:

Yeas 19, Nays 47, Excused 4, Absent 0

Yeas:
Buckingham; Davis; Hanks; Haverly; Hennies; Howie; Jerke; Koistinen; Krebs; McCoy; McLaughlin; Nelson; Olson (Ryan); Roberts; Schafer; Tornow; Van Etten; Weems; Willadsen

Nays:
Boomgarden; Bradford; Brunner; Cutler; Deadrick; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Hargens; Heineman; Hills; Hunhoff; Hunt; Jensen; Klaudt; Kraus; Kroger; Lange; Miles; Murschel; Novstrup; O'Brien; Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Rounds; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Wick; Speaker Michels

Excused:
Dykstra; Frost; Halverson; Rausch

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

HB 1095: FOR AN ACT ENTITLED, An Act to provide for a drug screening program for certain facilities providing patient or resident care or supervision.

Was read the second time.

Rep. Rhoden moved that HB 1095 be deferred to Monday, February 7^th, the 20^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the circumstances under which absentee voting is permitted.

Was read the second time.

The question being "Shall HB 1110 pass as amended?"

And the roll being called:

Yeas 56, Nays 10, Excused 4, Absent 0

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

Nays:
Brunner; Cutler; Davis; Faehn; Howie; Jensen; Klaudt; McCoy; Rounds; Sebert

Excused:
Dykstra; Frost; Halverson; Rausch

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 1139: FOR AN ACT ENTITLED, An Act to revise certain provisions related to energy conservation measures.

Was read the second time.

Rep. McLaughlin moved that HB 1139 be deferred to Saturday, February 5^th, the 19^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1111: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the records required to be kept by certain dealers and to require that certain liens be paid by a dealer before a vehicle, snowmobile, mobile or manufactured home, or boat is offered for sale, sold, or exchanged.

Was read the second time.

The question being "Shall HB 1111 pass as amended?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dykstra; Frost; Halverson; Rausch

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 1159: FOR AN ACT ENTITLED, An Act to allow intrastate shipment of wine to consumers by farm wineries.

Was read the second time.

The question being "Shall HB 1159 pass?"

And the roll being called:

Yeas 31, Nays 35, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Dennert; Garnos; Glenski; Haley; Hargens; Heineman; Hills; Howie; Jensen; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Roberts; Schafer; Sigdestad; Street; Tidemann; Valandra

Nays:
Cutler; Deadrick; Elliott; Faehn; Fryslie; Gassman; Gillespie; Glover; Hackl; Hanks; Haverly; Hennies; Hunhoff; Hunt; Koistinen; McCoy; Miles; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Rounds; Sebert; Thompson; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dykstra; Frost; Halverson; Rausch

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

Rep. Murschel announced her intention to reconsider the vote by which HB 1159 lost.

HB 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of vehicle manufactures, franchisors, and dealers.

Was read the second time.

The question being "Shall HB 1179 pass?"

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Sebert

Excused:
Bradford; Dykstra; Frost; Halverson; Rausch

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 Pro tempore Deadrick now presiding.

HB 1126: FOR AN ACT ENTITLED, An Act to remove certain restrictions that apply to the unexpended balances of the unemployment insurance compensation fund established by political subdivisions.

Was read the second time.

The question being "Shall HB 1126 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dykstra; Frost; Halverson; Rausch

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 1198: 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 second time.

Rep. Fryslie moved that HB 1198 be deferred to Saturday, February 5^th, the 19^th legislative day.

Which motion prevailed and the bill was so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 40: FOR AN ACT ENTITLED, An Act to establish minimum fire safety standards for specialty resorts.

Was read the second time.

Rep. Willadsen moved that SB 40 be deferred to Monday, February 7^th, the 20^th legislative day.

Which motion prevailed and the bill was so deferred.

Speaker Michels now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008, 1033, 1040, 1043, and 1066 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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

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

HB 1040: FOR AN ACT ENTITLED, An Act to repeal certain sales and use tax exemptions that conflict with certain statutory exemptions.

HB 1043: FOR AN ACT ENTITLED, An Act to revise the definition of the term, prepared food, for sales and use tax purposes.

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

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.

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

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

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:41 p.m. the House adjourned.

Karen Gerdes, Chief Clerk