House Journal 02/14/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 14, 2005

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

The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by House page Cody Rhoden.

Roll Call: All members present except Rep. Kroger 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 twenty-fourth 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 14, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 11, 2005, I approved House Bills 1002, 1011, 1012, 1080, 1085, 1087, 1162, and 1196, 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 209 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1191 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 146 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 Judiciary respectfully reports that it has had under consideration SB 97 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, delete " fifty " and insert " seventy ".

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 1185 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 SB 45 and 61 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1254 and HJR 1003 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1082 and 1214 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 13 of the printed bill, insert:

" Section 3. Notwithstanding the provisions of § 13-51-2, no money from the state general fund, student tuition fees, the educational facilities fund, nor any money appropriated for statewide maintenance and repair, may be used to finance the maintenance and repair of the facilities specified in this Act.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1025 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 24 of the printed bill, after " million " insert "seven hundred thousand".

On page 5, after line 18 of the printed bill, insert:

" Section 14. Notwithstanding the provisions of § 13-51-2, no money from the state general fund, student tuition fees, the educational facilities fund, nor any money appropriated for statewide maintenance and repair, may be used to finance the maintenance and repair of the facilities specified in this Act.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1051 and returns the same with the recommendation that said bill be amended as follows:

On page 2, after line 22 of the printed bill, insert:

"
Section 7. Notwithstanding the provisions of § 13-51-2, no money from the state general fund, student tuition fees, the educational facilities fund, nor any money appropriated for statewide maintenance and repair, may be used to finance the maintenance and repair of the facilities specified in this Act.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1026, 1029, 1065, 1123, 1124, 1161, 1167, 1177, 1213, and 1219 and tabled the same.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1034, 1041, 1083, and 1119 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 177 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HCR 1011: A CONCURRENT RESOLUTION, In support of free religious expression in public schools.

Rep. Howie moved that HCR 1011 as found on pages 442 to 444 of the House Journal be adopted.

The question being on Rep. Howie's motion that HCR 1011 be adopted.

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; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Kroger; Van Etten

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1011 was adopted.

HCR 1012 Introduced by: Representatives Lange, Bradford, Dennert, Gassman, Gillespie, Glenski, Glover, Kroger, Miles, Roberts, Sigdestad, Street, Thompson, and Van Norman and Senator Kloucek

A CONCURRENT RESOLUTION, Urging Congress to close the School of the Americas at Fort Benning, Georgia.

WHEREAS, the United States Army School of the Americas (SOA), located at Ft. Benning, Georgia, has trained nearly 50,000 military officers from throughout Central and South America and the Caribbean; and

WHEREAS, more than sixty percent of the Salvadoran military officers cited in the 1993 United Nations Truth Commission report for massacres, assassinations, and other human rights abuses, were graduates of the SOA; and

WHEREAS, more than forty percent of Colombian officers cited by an international human rights tribunal were graduates of the SOA; and

WHEREAS, many of the top military officials involved in Mexico's counterinsurgency war in Chiapas are SOA graduates; and

WHEREAS, many graduates of the SOA have been indicted for human rights abuses and drug trafficking in Argentina, Bolivia, Chile, Colombia, El Salvador, Guatemala, Honduras, Panama, and Peru, including Gen. Manuel Noriega of Panama, Roberto D'Aubisson of El Salvador, Gen. Hector Gramajo of Guatemala, and Gen. Hugo Banzar of Bolivia; and

WHEREAS, human rights observers, church leaders, peasant organizations, and student and lawyers' groups have identified numerous SOA graduates as responsible for acts of torture, assassination, kidnapping, drug trafficking, disappearances, rape, and death squad activity throughout Latin America; and

WHEREAS, the United States Department of Defense revealed in 1996 that training manuals used at the SOA included sections on torture, execution, blackmail, and paying bounties for the assassinations of community leaders; and

WHEREAS, the history of the SOA runs contrary to our principles of respect for human rights:

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 calls upon the United States Congress and the Executive Branch to eliminate funding for and close the School of the Americas at Ft. Benning, Georgia.

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

Rep. Lange moved that the Committee on Agriculture and Natural Resources be instructed to deliver HB 1232 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was not supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1222 as found on pages 438 and 439 of the House Journal ; also

State Affairs on HB 1249 as found on pages 439 and 440 of the House Journal ; also

State Affairs on HB 1259 as found on page 440 of the House Journal ; also

State Affairs on HB 1260 as found on page 440 of the House Journal ; also

Education on HB 1127 as found on page 453 of the House Journal ; also

Appropriations on HB 1158 as found on pages 453 and 454 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1154: FOR AN ACT ENTITLED, An Act to limit municipal annexation near regional airport authorities.

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

The question being on Rep. Buckingham's pending motion to amend HB 1154 as found on page 432 of the House Journal.

Which motion lost.

The question being "Shall HB 1154 pass as amended?"

And the roll being called:

Yeas 55, Nays 14, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Willadsen; Speaker Michels

Nays:
Dykstra; Faehn; Frost; Hackl; Haley; Klaudt; Krebs; Miles; O'Brien; Roberts; Sebert; Tidemann; Van Norman; Wick

Excused:
Kroger

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 1253: FOR AN ACT ENTITLED, An Act to allow for the establishment of a group health insurance plan for political subdivision employees.

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

Rep. Garnos moved that HB 1253 be deferred to Tuesday, February 15^th, the 26^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1210: FOR AN ACT ENTITLED, An Act to exempt certain contract services from sales and use taxes.

Was read the second time.

Rep. Davis moved that HB 1210 be amended as follows:

On page 1 of the House Taxation Committee engrossed bill, delete lines 6 to 13 , inclusive, and insert:

There are specifically exempted from the provisions of this chapter and from the computation of the tax imposed by it, gross receipts from management, specialist, billing, bookkeeping, administrative, and related services provided to a local cooperative by a regional cooperative, or any cooperative or limited liability company which is wholly or in part owned by the cooperative or limited liability company receiving such services. If such cooperative or limited liability company is owned in part, the cooperative or any combination of cooperatives shall own fifty percent or more of such cooperative or limited liability company receiving such services to be qualified for the exemption provided by this section.".

On page 2 , delete lines 2 to 9 , inclusive, and insert:

The Speaker, being in doubt of the voice vote, called for a division of the House.

The Speaker declared the motion prevailed.

The question being "Shall HB 1210 pass as amended?"

And the roll being called:

Yeas 42, Nays 27, Excused 1, Absent 0

Yeas:
Bradford; Brunner; Cutler; Davis; Dennert; Dykstra; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Jensen; Jerke; Klaudt; Koistinen; Lange; McCoy; Miles; Murschel; Nelson; Novstrup; O'Brien; Peters; Rave; Rhoden; Roberts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Weems

Nays:
Boomgarden; Buckingham; Deadrick; Faehn; Frost; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Kraus; Krebs; McLaughlin; Olson (Ryan); Pederson (Gordon); Putnam; Rausch; Rounds; Schafer; Sebert; Tornow; Van Etten; Vehle; Wick; Willadsen; Speaker Michels

Excused:
Kroger

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 1237: FOR AN ACT ENTITLED, An Act to reduce the fuel tax on biodiesel blend fuels for a certain period of time.

Was read the second time.

The question being "Shall HB 1237 pass as amended?"

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

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

Nays:
Buckingham; Pederson (Gordon); Rounds; Wick

Excused:
Kroger

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 1240: FOR AN ACT ENTITLED, An Act to require that notice of certain tax equalization decisions be published.

Was read the second time.

The question being "Shall HB 1240 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 1, Absent 1

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

Excused:
Kroger

Absent:
Van Norman

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

HB 1175: FOR AN ACT ENTITLED, An Act to extend certain lien provisions to physicians and chiropractors.

Was read the second time.

Rep. Hunt moved that HB 1175 be amended as follows:

On page 4, after line 20 of the House Commerce Committee engrossed bill, insert:

"
Section 11. That chapter 44-12 be amended by adding thereto a NEW SECTION to read as follows:

Nothing in this chapter may be construed to modify or abrogate the provisions of § 58-17C- 14.".

Which motion prevailed and HB 1175 was so amended.

The question being "Shall HB 1175 pass as amended?"

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

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

Nays:
Bradford; Brunner; Davis; Garnos; Hackl; Haley; Hills; Hunt; Klaudt; Pederson (Gordon); Rounds; Turbiville; Valandra; Van Norman; Willadsen

Excused:
Kroger

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 1248: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding money lenders.

Was read the second time.

The question being "Shall HB 1248 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

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

Nays:
Faehn; Hackl; Sebert

Excused:
Kroger

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.

HB 1028: FOR AN ACT ENTITLED, An Act to make an appropriation to support students participating in the South Dakota Opportunity Scholarship program during the spring 2005 term and in fiscal year 2006 and to declare an emergency.

Was read the second time.

The question being "Shall HB 1028 pass?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; 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:
Klaudt

Excused:
Kroger

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.

HB 1053: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.

Was read the second time.

The question being "Shall HB 1053 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; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; 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:
Kroger

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.

HB 1058: FOR AN ACT ENTITLED, An Act to make an appropriation to the state fair and to declare an emergency.

Was read the second time.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being "Shall HB 1058 pass?"

And the roll being called:

Yeas 52, Nays 17, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Hills; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McLaughlin; Miles; Murschel; Nelson; Novstrup; Olson (Ryan); Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Valandra; Van Norman; Vehle; Weems; Wick; Speaker Michels

Nays:
Buckingham; Frost; Hanks; Haverly; Heineman; Hennies; Howie; Hunt; McCoy; O'Brien; Pederson (Gordon); Peters; Tidemann; Tornow; Turbiville; Van Etten; Willadsen

Excused:
Kroger

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.

HB 1215: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1215 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; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; 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:
Kroger

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 177: FOR AN ACT ENTITLED, An Act to provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 41, 86, 103, 129, 208, 12, 37, 73, 96, 134, 169, and 221 be deferred to Tuesday, February 15^th, the 26^th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1074, 1084, and 1126 were delivered to his Excellency, the Governor, for his approval at 4:00 p.m., February 14, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1034, 1041, 1083, and 1119 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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

HB 1041: FOR AN ACT ENTITLED, An Act to require certain vehicle dealers to utilize an electronic title file system.

HB 1083: FOR AN ACT ENTITLED, An Act to exempt certain utility and street contracts from competitive bid requirements.

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

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

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1019 Introduced by: Representatives Elliott, Dennert, Frost, and Novstrup and Senators Hundstad and Sutton (Duane)

A LEGISLATIVE COMMEMORATION, Honoring the life and career of Earl Sande, a professional jockey during the 1920s.

WHEREAS, Earl Sande was born November 13, 1898, at Groton, South Dakota, to John and Tillie Sande. He learned to ride horses on H.W. Cassel's farm; and

WHEREAS, Earl Sande went on to become one of the top jockeys of all time, with five Belmont Stakes wins; three Kentucky Derby wins; one Preakness win; one Triple Crown win riding Gallant Fox, making him one of only eleven jockeys to win a triple crown; five Jockey Club Gold Cups; four Withers Stakes; three Lawrence Realizations; three Suburban Handicaps; three Dwyer Stakes; third on the Lifetime Winning Percentage List; and more than sixty percent of all mounts finishing in the money; and

WHEREAS, Earl Sande's life and career are described by Richard J. Maturi in his book Triple Crown Winner: the Earl Sande Saga with invaluable help from Stacy and Steve Swenson, publishers and owners of the Groton Independent and the back files of the Independent which were able to establish the residency and livelihood of the Sande family in Groton:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Earl Sande, a native South Dakotan, who gained national prominence as a jockey in the 1920s, the Golden Age of Sports, is arguably the best all-time jockey America has yet produced.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:06 p.m. the House adjourned.

Karen Gerdes, Chief Clerk