House Journal 02/16/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 16, 2005

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

The prayer was offered by the Chaplain, Pastor Chuck Asche, followed by the Pledge of Allegiance led by House pages Tanner Hewitt and Molly O'Connor.

Roll Call: All members present except Reps. Elliott and Pederson 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 twenty-sixth 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 15, 2005

The Honorable Matthew J. W. Michels Speaker of the House State Capitol Pierre, SD 57501-5070

Dear Speaker Michels and Members of the House:

I herewith return House Bill 1105 and VETO the same. It is: “An Act to revise the definition of domestic abuse."

House Bill 1105 was passed with the anticipation by the sponsors that Senate Bills 43 and 67, would be passed in some form during this 80^th legislative session. Because of the timing of the passage of House Bill 1105, I am unable to sign the bill without the specifics of either Senate Bill 43 or Senate Bill 67 before me for my signature. Both Senate Bill 43 and Senate Bill 67 make major revisions to the South Dakota criminal code. The specifics of those bills in combination with House bill 1105 will have direct impact on the citizens of the State of South Dakota. At this time, I am unable to appropriately assess what that impact will be.

As a result of the time restrictions imposed by the South Dakota Constitution, Article 4, Section 4, I have no choice but to return House Bill 1105 and VETO the same.

I respectfully request that you concur with my action.

Respectfully submitted,
M. Michael Rounds

cc: The Honorable Chris Nelson The Honorable Dennis Daugaard

February 15, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 15, 2005, I approved House Bills 1074, 1084, and 1126, 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 HB 1245 and returns the same with the recommendation that said bill be amended as follows:

1245jb

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

"
Section 1. That chapter 20-9 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this chapter do not apply to an over-the-counter AED purchased without a written prescription. However, any person, who in good faith obtains an over-the-counter AED for use in providing emergency care or treatment or utilizes an over-the-counter AED, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such emergency care or treatment. The immunity from civil liability pursuant to this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care."

And that as so amended 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 1255 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 SB 112 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 SB 77 and 159 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1220 and returns the same with the recommendation that said bill be amended as follows:

1220ca

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

"
Section 1. There is hereby appropriated from the state general fund, after the transfer of earnings from the education enhancement trust fund created in Article XII, section 6 of the South Dakota Constitution, the sum of two million seven hundred fifty-eight thousand seven hundred seventy-one dollars ($2,758,771), or so much thereof as may be necessary, to the Department of Education for distribution through the foundation formula in chapter 13-13.

Section 2. That § 13-13-10.1 be amended to read as follows:

13-13-10.1. Terms used in this chapter mean:

(1) "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of pupils for whom the district pays tuition;

(1A) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

(2) "Adjusted average daily membership," calculated as follows:

(a) For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

(b) For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

(c) For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

(3) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

(4) "Per student allocation," for school fiscal year ~~2005 is $4,086.56~~ 2006 is $4,235.71 . Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

(5) "Local need," the per student allocation multiplied by the adjusted average daily membership;

(6) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;

(7) "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

(8) "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

(9) "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;

(10) "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

(11) "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;

(12) "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment. "

1220zta

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "revise the calculation of state aid to general education and appropriate money therefor.".

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 SB 76 and returns the same with the recommendation that said bill be amended as follows:

76sa

On page 3, line 2 of the printed bill, overstrike " November " and insert " December ".

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

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 207 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Art E. Fryslie, Vice-Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 25, 26, and 143 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1226 and returns the same with the recommendation that said bill be amended as follows:

1226ra

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

" Section 1. That § 26-7A-15 be amended to read as follows:

26-7A-15. The officer or party who takes a child into temporary custody, with or without a court order, except under a court order issued during a noticed hearing after an action has been commenced, shall immediately, without unnecessary delay in keeping with the circumstances, inform the child's parents, guardian, or custodian of the temporary custody and of the right to a prompt hearing by the court to determine whether temporary custody should be continued. If the child's parents, guardian, or custodian cannot be located after reasonable inquiry, the officer or party taking temporary custody of the child shall report that fact and the circumstances immediately to the state's attorney. The state's attorney shall notify the child's parents, guardian, or custodian, without unnecessary delay, of the time, date, and place of the temporary custody hearing. If the temporary custody hearing concerns an apparent abused or neglected Indian child or an apparent Indian child in need of supervision pursuant to § 26-8B-3, the state's attorney or Department of Social Services shall make reasonable efforts to inform the Indian custodian and Indian child's tribe, if known, of the time, date, and place of the temporary custody hearing. The information regarding the temporary custody hearing may be provided to the Indian custodian or Indian child's tribe orally or in writing, including by telephone or facsimile. The hearing shall be held within forty-eight hours if it concerns any apparent abused or neglected child or if it concerns any apparent delinquent child pursuant to 26-8C-3 or within twenty-four hours if it concerns any apparent child in need of supervision pursuant to § 26-8B-3, excluding Saturdays, Sundays, and court holidays, after taking the child into temporary custody, unless extended by order of the court. Failure to notify the child's parents, guardian, or custodian , or to inform the Indian custodian or the Indian child's tribe, of the temporary custody hearing is not cause for delay of the hearing if the child is represented by an attorney at the hearing. As used in this section, the terms, Indian child, Indian custodian, and Indian child's tribe, are defined as in 25 U.S.C. § 1903, as amended to January 1, 2005.

Section 2. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as follows:

In any proceeding under chapters 26-7A, 26-8A, or 26-8B, to which the terms of the "Indian Child Welfare Act", 25 U.S.C. sec. 1901, et seq., as amended to January 1, 2005, apply:

(1) If the state's attorney knows or has reason to know that an Indian child is involved, the state's attorney shall notify the parent or Indian custodian and the Indian child's tribe, if known, of the pending proceedings and of their right of intervention. The notice shall be sent by registered mail with return receipt requested but may be personally served on any person entitled herein to receive notice in lieu of mail service. If the identity or location of the parent or Indian custodian and the Indian child's tribe cannot be determined, the notice shall be given to the United States Secretary of the Interior in like manner, who has fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe;

(2) The state's attorney shall provide such notice prior to any adjudicatory hearing and prior to any final dispositional hearing in which the state seeks termination of parental rights of one or both parents or termination of the rights of the Indian custodian. However, upon intervention, the parent, tribe, or Indian custodian is entitled to notice in the manner authorized by the Rules of Civil Procedure and chapters 26-7A and 26-8A;

(3) The court shall establish in the record that a notice of the proceeding was provided as required in this section. No foster care placement or termination of parental rights proceedings may be held until at least ten days after receipt of the foregoing notice by the parent or Indian custodian and the tribe or the Secretary. The parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for the proceeding;

(4) The notice required in this section shall be written in clear and understandable language and shall include the following:

(a) The name and tribal affiliation of the Indian child;

(b) A copy of the petition unless the notice is served by publication pursuant to 26-7A-48;

(d) A statement listing the rights of the Indian child's parents, Indian custodians, and tribes, under the Indian Child Welfare Act, 25 U.S.C. § 1901, et. seq., as amended to January 1, 2005, including:

(i) The right of a Indian custodian or the Indian child's tribe to intervene in a proceeding for the foster care placement of, or termination of parental rights to, the Indian child;

(ii) The right to file a motion to transfer the proceeding to the tribal court of the Indian child's tribe;

(iii) The right to be granted up to twenty days from the receipt of the notice to prepare for the proceeding; and

(iv) The right to request that the court grant further extensions of time;

(e) A statement of the potential legal consequences of an adjudication on future custodial rights of the Indian child's parents or Indian custodians;

(f) A statement that if the Indian child's parents or Indian custodian are unable to afford counsel, counsel may be appointed to represent them;

(g) A statement in the notice to the tribe that the information contained in the notice, petition, pleading, or other documents are confidential; and

(h) The location, mailing address and telephone number of the court.

The original or a copy of each notice sent pursuant to this section shall be filed with the court together with any return receipts or other proof of service;

(5) Each party may examine all reports or other documents filed with the court upon which any decision with respect to such action may be based.

As used in this section, the terms, Indian, Indian child, parent, Indian custodian, tribe, Indian child's tribe, foster care placement, termination of parental rights, and secretary, are defined as in 25 U.S.C. § 1903, as amended to January 1, 2005.

Section 3. That § 26-7A-55 be amended to read as follows:

26-7A-55. If all necessary parties admit the allegations contained in the petition and the court accepts the admissions, the court may find, conclude and make a decision as to adjudication of the child under the applicable provisions of chapter 26-8A, 26-8B, or 26-8C. The court may then proceed with the dispositional phase of the proceedings without conducting a formal adjudicatory hearing on the petition with the concurrence of all parties. However, at the request of any party or if required by the court, the court shall set a later time and date for the dispositional hearing. The court shall then determine interim dispositional arrangements concerning the child and the parties.

If the petition is not admitted by all necessary parties, including the child, if appropriate, or if the petition is denied by any necessary party or the child, if appropriate, the court shall proceed with the adjudicatory hearing on the petition , if notice has been given as required by section 2 of this Act, if applicable, or schedule the adjudicatory hearing for a later time and date.

If the advisory hearing is adjourned and continued or if the advisory hearing is completed and the adjudicatory hearing on the petition is scheduled for a later time and date, the court shall make an interim order regarding temporary custody of the child as determined by the court.

Section 4. The form of the notice provided for in section 2 of this Act is as follows:

STATE OF SOUTH DAKOTA )
) ss
COUNTY OF ______________) IN CIRCUIT COURT

_____JUDICIAL CIRCUIT

THE PEOPLE OF THE STATE OF    )
SOUTH DAKOTA IN THE INTEREST     )
OF____________________________,    )
MINOR CHILD(REN), AND            )
CONCERNING __________________,    )
________________________________,     )
RESPONDENTS.                    ) Juv. No.___________

NOTICE TO PARENT, CUSTODIAN,
OR INDIAN TRIBE OF CHILD CUSTODY
PROCEEDINGS (ICWA)

TO:    [Name and Address of the Parent /Custodian/Tribe]:

PLEASE TAKE NOTICE that, pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. § 1912, et. seq.), a child custody proceeding is now pending in the above-named court. The child(ren) who (is/are) the subject of this proceeding (is/are) believed to be (an) "Indian child(ren)" (as defined in 25 U.S.C. § 1903(4)) affiliated with the _________ Tribe.

A HEARING HAS BEEN SCHEDULED FOR _____ [date] AT _____ [time] (a.m./p.m.) (CST/MST) IN THE COURTROOM OF THE _____ COUNTY COURTHOUSE, _____, SOUTH DAKOTA. A copy of the Petition by which this proceeding was initiated is attached.

You are further notified that:

1. The following information is known regarding the parents, grandparents and Indian custodians:

a. The names and last known addresses of the parents, grandparents and great grandparents or Indian custodians are as follows:

b. Any maiden, married and former names and aliases are as follows:

c. Birthdates and places of birth and death are as follows:

d. Tribal enrollment number(s):

2. You, as the parent(s) or Indian custodian, and the child(ren)'s tribe, may have a right to intervene in these proceedings.

3. If you, as the parent(s) or Indian custodian, are unable to afford an attorney, an attorney may be appointed to represent you. If you desire a court-appointed attorney, you should contact the court using the information provided in paragraph 7 below.

4. You may have the right, as the parent(s), Indian custodian, or Indian tribe, to have, upon request, 20 additional days to prepare for the hearing. If you desire additional time to prepare for the hearing, you should contact the court using the information provided in paragraph 7 below.

5. You may have the right, as (a) parent(s), Indian custodian, or Indian tribe, to petition this Court for transfer of the proceeding to tribal court.

6. The Petitioner in this action is the State of South Dakota, and the name and address of the attorney for the Petitioner is: _____, State's Attorney for _____ County, _____, South Dakota.

7. The Court's phone number is _____. The Court's mailing address is _____. Please report to the Court or to the State all information you have as to the status of the above-named child(ren), including the eligibility/membership of the child(ren) or the parent(s) in any Indian tribe.

8. If you are the child(ren)'s parent, it is possible that your parental rights will be terminated in this proceeding. If your parental rights are terminated in this proceeding, you will no longer be able to exercise parental, custodial or any other rights with regard to the child(ren).

9. Since custody proceedings are conducted on a confidential basis, you are requested to keep confidential all information contained in this Notice.

Dated this _____ day of _____, 20 ____.

_________________________________
State's Attorney"

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 178 and returns the same with the recommendation that said bill be amended as follows:

178ra

On page 3, line 16 of the printed bill, after " liability " insert ", arising out of any good faith act relevant to participation on any county interdisciplinary child information team,".

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 1129 and 1130 and tabled the same.

Respectfully submitted,
Joni M. Cutler, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc70A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 70 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 70 be amended as follows:

On page 50, line 23 of the House Judiciary Committee engrossed bill, delete " If " .

On page 50 , delete line 24 .

On page 51 , delete lines 1 and 2 .

On page 172, line 14, delete " limited " and insert "domestic corporation".

On page 172 , delete line 15 , and insert "was organized or a foreign corporation was authorized to transact business. The".

Respectfully submitted,             Respectfully submitted,
Sean M. O'Brien                    Eric H. Bogue
House Committee Chair            Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1038, 1060, 1076, 1086, 1097, 1104, 1132, 1133, 1148, 1155, 1157, 1168, 1171, 1189, 1198, and 1199 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1111 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1010 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 107, 114, 164, 184, 189, and 220 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

HONORED GUESTS

Speaker Michels introduced Amber Stern, South Dakota Girls State Governor from Freeman, South Dakota, and Jon Brockhoft, South Dakota Boys State Governor from Winner, South Dakota.

MOTIONS AND RESOLUTIONS

Rep. Rhoden moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and immediately giving second reading and final consideration to a bill to revise the definition of domestic abuse.

The question being on Rep. Rhoden's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and immediately giving second reading and final consideration to a bill to revise the definition of domestic abuse.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); 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:
Elliott; Pederson (Gordon)

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1263 Introduced by: Representatives Cutler, Gillespie, Michels, and Roberts and Senators Knudson and Schoenbeck

FOR AN ACT ENTITLED, An Act to revise the definition of domestic abuse.

Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1263: FOR AN ACT ENTITLED, An Act to revise the definition of domestic abuse.

Was read the second time.

The question being "Shall HB 1263 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); 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:
Deadrick

Excused:
Elliott; Pederson (Gordon)

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.

MOTIONS AND RESOLUTIONS

(Continued)

SCR 5: A CONCURRENT RESOLUTION, Urging the members of the South Dakota Congressional delegation to sponsor and support the Streamlined Sales and Use Tax Act.

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Rep. Wick moved that SCR 5 be amended as follows:

On page 3, line 8 of the printed resolution, after " Nebraska, " insert "Nevada,".

On page 3 , line 21, delete " states " and insert "states'".

On page 4 , line 12, delete " enacts " and insert "enact".

Which motion prevailed and SCR 5 was so amended.

Rep. Wick moved that SCR 5 as found on pages 445 to 447 of the Senate Journal be concurred in as amended.

The question being on Rep. Wick's motion that SCR 5 be concurred in as amended.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; 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:
Elliott; Pederson (Gordon); Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in as amended.

SCR 6: A CONCURRENT RESOLUTION, Urging the development of hydrogen as an energy source and for other purposes.

Rep. Hargens moved that SCR 6 as found on pages 448 and 449 of the Senate Journal be concurred in.

The question being on Rep. Hargens' motion that SCR 6 be concurred in.

And the roll being called:

Yeas 39, Nays 29, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Cutler; Dennert; Dykstra; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Hennies; Hills; Jensen; Jerke; Klaudt; Koistinen; Kroger; Lange; Miles; Murschel; Nelson; Olson (Ryan); Putnam; Rhoden; Roberts; Schafer; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Vehle; Wick

Nays:
Brunner; Buckingham; Davis; Deadrick; Faehn; Frost; Garnos; Hanks; Haverly; Heineman; Howie; Hunhoff; Hunt; Kraus; Krebs; McCoy; McLaughlin; Novstrup; O'Brien; Peters; Rausch; Rave; Rounds; Sebert; Tidemann; Van Etten; Weems; Willadsen; Speaker Michels

Excused:
Elliott; Pederson (Gordon)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 6 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on HB 1141 as found on pages 476 to 478 of the House Journal ; also

Taxation on HB 1180 as found on page 478 of the House Journal ; also

Commerce on HB 1218 as found on page 479 of the House Journal ; also

Government Operations and Audit on HB 1004 as found on page 480 of the House Journal ; also

Government Operations and Audit on HB 1005 as found on page 480 of the House Journal ; also

Local Government on SB 150 as found on page 481 of the House Journal ; also

Education on HB 1073 as found on pages 493 and 494 of the House Journal ; also

Education on HB 1140 as found on page 494 of the House Journal ; also

Education on HB 1149 as found on page 494 of the House Journal ; also

Education on HB 1170 as found on page 495 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 107: FOR AN ACT ENTITLED, An Act to regulate the sale and shipment of cigarettes.

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

SB 114: FOR AN ACT ENTITLED, An Act to establish a refundable checkoff on pulse crops.

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

SB 164: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the reporting of livestock contracts.

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

SB 184: FOR AN ACT ENTITLED, An Act to establish a program in the Department of Education to assist certain school districts with capital improvement needs.

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

SB 189: FOR AN ACT ENTITLED, An Act to appropriate money to the Association of County Commissioners for the coordination of 911 services.

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

SB 220: FOR AN ACT ENTITLED, An Act to establish the South Dakota Certified beef program, to create the South Dakota Certified beef fund, and to declare an emergency.

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the interest rate on past due moneys.

Was read the second time.

Rep. Wick requested that HB 1118 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 48: FOR AN ACT ENTITLED, An Act to authorize the director of the Division of Banking to enter into certain interstate agreements and to establish certain procedures regarding those agreements.

Was read the second time.

Rep. Kroger requested that SB 48 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1222: FOR AN ACT ENTITLED, An Act to establish child neglect and endangerment as criminal offenses and to provide penalties therefor.

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

1222rk

Rep. O'Brien moved that HB 1222 be amended as follows:

On page 1, line 12 of the House Judiciary Committee engrossed bill, after " death " insert ", other than the inherent risks associated with sports, athletics, or other childhood activities".

Which motion prevailed and HB 1222 was so amended.

1222rj

Rep. Hunt moved that HB 1222 be further amended as follows:

On page 1, line 6 of the House Judiciary Committee engrossed bill, after " deprivation " insert "substantially".

Which motion lost.

The question being "Shall HB 1222 pass as amended?"

And the roll being called:

Yeas 54, Nays 14, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Haley; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Peters; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Deadrick; Gillespie; Glover; Hackl; Halverson; Hargens; Hunt; Klaudt; Olson (Ryan); Putnam; Rausch; Rhoden; Tornow; Van Norman

Excused:
Elliott; Pederson (Gordon)

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 1158: FOR AN ACT ENTITLED, An Act to appropriate funds to provide cochlear implants to certain children.

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

1158ua

Rep. Dennert moved that HB 1158 be amended as follows:

On the House Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

"
Section 1. That § 49-31-50 be amended to read as follows:

49-31-50. There is created in the state treasury the telecommunication fund for the deaf and the telecommunication fund for other disabilities for the deposit and disbursement of money collected under §§ 49-31-49 and 49-31-51. There is hereby continuously appropriated the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, each year from the telecommunication fund for the deaf to the Department of Human Services to provide cochlear implants to children who are less than five years of age and who suffer from severe to profound hearing loss.

Section 2. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

Funds appropriated pursuant to section 1 of this Act may only be used for:

(1) The costs of providing a cochlear implant to a child who is not covered under a plan of health insurance; or

(2) Any portion of the costs of providing a cochlear implant to a child that is not paid by any plan of health insurance covering the child but only for those amounts payable by the covered person under the plan's deductible and coinsurance provisions.

Section 3. The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish standards for eligibility criteria, the basis for and extent of provider payments on behalf of the eligible person, levels of payment, administration, audit requirements, and record keeping of providing cochlear implants.

Section 4. The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 5. This Act is repealed on June 30, 2008."

Which motion prevailed and HB 1158 was so amended.

The question being "Shall HB 1158 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Pederson (Gordon)

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 1024: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents to cover certain cost increases affecting construction of the Lee Medicine and Science Hall renovation or replacement project at the University of South Dakota and to declare an emergency.

Was read the second time.

1024hb

Rep. Putnam moved that HB 1024 be amended as follows:

On page 1 of the House Appropriations Committee engrossed bill, delete lines 14 and 15 , and insert:

"
Section 3. Notwithstanding any other provision of state law, no money appropriated from the state general fund, nor appropriated for statewide maintenance and repair, may be used to finance the maintenance and repair of the facility authorized in this Act.".

On page 2 , delete lines 1 and 2 .

Which motion prevailed and HB 1024 was so amended.

1024ha

Rep. Glenski moved that HB 1024 be further amended as follows:

On page 1, line 7 of the House Appropriations Committee engrossed bill, delete " general " and insert "higher education facilities".

A roll call vote was requested and supported.

The question being on Rep. Glenski's motion that HB 1024 be further amended.

And the roll being called:

Yeas 18, Nays 49, Excused 3, Absent 0

Yeas:
Bradford; Buckingham; Dennert; Gassman; Glenski; Glover; Halverson; Howie; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman; Wick

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

Excused:
Elliott; Hunt; Pederson (Gordon)

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 HB 1024 pass as amended?"

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

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

Nays:
Bradford; Davis; Gassman; Glenski; Kroger; Street; Van Norman

Excused:
Elliott; Hunt; Pederson (Gordon)

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 1025: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to implement the long-term capital project request of the Board of Regents, providing for the construction, remodeling, or renovation of various structures on the campuses of the state's universities and the School for the Deaf, to make appropriations therefor, and to repeal certain previous capital project authorizations.

Was read the second time.

1025ha

Rep. Putnam moved that HB 1025 be amended as follows:

On page 5 of the House Appropriations Committee engrossed bill, delete lines 20 to 23 , inclusive, and insert:

" Section 14. Notwithstanding any other provision of state law, no money appropriated from the state general fund, nor appropriated for statewide maintenance and repair, may be used to finance the maintenance and repair of the facilities authorized in section 3 or subdivision (1) of section 4 of this Act.".

Which motion prevailed and HB 1025 was so amended.

The question being "Shall HB 1025 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

Excused:
Elliott; Hunt; Pederson (Gordon)

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 1051: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of fish hatchery facilities and infrastructure at Blue Dog State Fish Hatchery at Blue Dog Lake, Cleghorn State Fish Hatchery at Rapid City, and McNenny Fish Hatchery at Spearfish for the Department of Game, Fish and Parks.

Was read the second time.

The question being "Shall HB 1051 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Pederson (Gordon)

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 1244: FOR AN ACT ENTITLED, An Act to allow certain National Guard and armed forces reserve members to obtain resident hunting and fishing licenses.

Was read the second time.

1244ta

Rep. Rounds moved that HB 1244 be amended as follows:

On page 1, line 15 of the printed bill, delete everything after " ; " .

On page 2 , delete line 1 .

On page 2 , line 2, delete everything before " any " .

On page 2 , line 11, after " title. " insert " Any person who does not reside in South Dakota but who is a member of the South Dakota National Guard or of any other unit of a reserve component of the armed forces of the United States that is located in South Dakota is a resident of the state for the purpose of acquiring resident small game and fishing licenses. ".

Which motion prevailed and HB 1244 was so amended.

The question being "Shall HB 1244 pass as amended?"

And the roll being called:

Yeas 52, Nays 15, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Deadrick; Dennert; Dykstra; Faehn; Garnos; Gassman; Hackl; Halverson; 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; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Davis; Frost; Fryslie; Gillespie; Glenski; Glover; Haley; Hanks; Hargens; Kroger; Roberts; Sigdestad; Street; Thompson; Valandra

Excused:
Cutler; Elliott; Pederson (Gordon)

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 1252: FOR AN ACT ENTITLED, An Act to approve the state prairie dog management plan.

Was read the second time.

The question being "Shall HB 1252 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Pederson (Gordon)

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 1241: FOR AN ACT ENTITLED, An Act to create the Student Achievement Enhancement Grant Program and to make an appropriation therefor.

Was read the second time.

Rep. Heineman moved that HB 1241 be deferred to Thursday, February 17^th, the 28^th legislative day.

Which motion prevailed and the bill was so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

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

The question being "Shall SB 41 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Nays:
Bradford

Excused:
Elliott; Pederson (Gordon)

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 86: FOR AN ACT ENTITLED, An Act to revise the compensation for deputy coroners.

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

The question being "Shall SB 86 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Pederson (Gordon)

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 103: FOR AN ACT ENTITLED, An Act to authorize the funding of public transportation from the state highway fund and to repeal certain obsolete provisions regarding the state highway fund.

Was read the second time.

The question being "Shall SB 103 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; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Tornow

Excused:
Elliott; Pederson (Gordon)

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 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 second time.

The question being "Shall SB 129 pass?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

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

Nays:
O'Brien; Rave

Excused:
Elliott; Pederson (Gordon); 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.

SB 208: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to establish higher maximum speed limits on divided four-lane highways in rural areas.

Was read the second time.

The question being "Shall SB 208 pass?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

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

Nays:
Sigdestad; Willadsen

Excused:
Elliott; Pederson (Gordon)

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 12: FOR AN ACT ENTITLED, An Act to authorize a parent to appear telephonically for a hearing to voluntarily terminate parental rights.

Was read the second time.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being "Shall SB 12 pass as amended?"

And the roll being called:

Yeas 32, Nays 36, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Faehn; Fryslie; Garnos; Hanks; Haverly; Hennies; Hills; Hunhoff; Jensen; Klaudt; Koistinen; Kraus; McLaughlin; Murschel; Nelson; O'Brien; Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Turbiville; Vehle; Willadsen; Speaker Michels

Nays:
Bradford; Davis; Deadrick; Dennert; Dykstra; Frost; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Heineman; Howie; Hunt; Jerke; Krebs; Kroger; Lange; McCoy; Miles; Novstrup; Olson (Ryan); Rausch; Sigdestad; Street; Thompson; Tidemann; Tornow; Valandra; Van Etten; Van Norman; Weems; Wick

Excused:
Elliott; Pederson (Gordon)

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

Rep. O'Brien announced his intention to reconsider the vote by which SB 12 lost.

SB 37: FOR AN ACT ENTITLED, An Act to to reauthorize a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

Was read the second time.

The question being "Shall SB 37 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Deadrick; Elliott; Pederson (Gordon)

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.

Rep. Rhoden moved that SB 73, 96, 134, 169, 221, 209, 45, 61, 97, 68, 151, and 171 be deferred to Thursday, February 17^th, the 28^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 1034, 1041, 1083, and 1119 were delivered to his Excellency, the Governor, for his approval at 10:10 a.m., February 16, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1013, 1014, 1015, 1016, and 1017 were delivered to his Excellency, the Governor, for his approval at 3:55 p.m., February 16, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1038, 1060, 1076, 1086, 1097, 1104, 1132, 1133, 1148, 1155, 1157, 1168, 1171, 1189, 1198, and 1199 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title 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.

HB 1060: FOR AN ACT ENTITLED, An Act to authorize the secretary of Revenue and Regulation to issue a cease and desist order to vehicle, snowmobile, manufactured home, and boat dealers for certain violations, to authorize imposition of monetary penalties for failure to comply with a cease and desist order, and to modify the reasons for suspending or revoking a dealer's license.

HB 1076: FOR AN ACT ENTITLED, An Act to permit certain public entities to establish the maximum indemnity for their officers and employees.

HB 1086: FOR AN ACT ENTITLED, An Act to require certain contact information to be provided when being registered to vote by private entities or individuals.

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

HB 1104: FOR AN ACT ENTITLED, An Act to limit the damages that may be awarded in a medical malpractice action against a podiatrist.

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.

HB 1133: FOR AN ACT ENTITLED, An Act to authorize additional persons to serve mental illness commitment papers.

HB 1148: FOR AN ACT ENTITLED, An Act to provide that certain statements and actions made by health care providers are not admissible to prove negligence in medical malpractice actions.

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

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

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

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

HB 1189: FOR AN ACT ENTITLED, An Act to clarify the application of certain provisions pertaining to the sale of pistols.

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.

HB 1199: FOR AN ACT ENTITLED, An Act to require county weed and pest boards to terminate certain orders that have been implemented.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1021 Introduced by: Representatives Thompson, Cutler, Glenski, Heineman, Hunt, Krebs, Miles, Murschel, Peters, Roberts, Tornow, Weems, Wick, and Willadsen and Senators Kelly, Abdallah, Dempster, Earley, Gant, Knudson, and Koetzle

A LEGISLATIVE COMMEMORATION, Commending and honoring Peter Severson of Sioux Falls for his success in the Jeopardy! Teen Tournament, for his academic excellence, and for his efforts to help others.

WHEREAS, Peter Severson, son of Eric and Susan Severson of Sioux Falls, and a student at Sioux Falls Lincoln High School, earned national attention during his recent participation in the Jeopardy! Teen Tournament, during which he advanced to the semifinal competition; and

WHEREAS, Peter, who has an unquenchable thirst for knowledge, is a National Merit Finalist and the only South Dakota student to earn perfect scores on both the SAT and ACT exams; and

WHEREAS, Peter spent part of last summer working in a homeless shelter in New York and living and working with youth and young adults in communities in Nicaragua; and

WHEREAS, Peter is a drum major for the award winning Lincoln High School Band that marched in the 2005 Tournament of Roses Parade, and has been in All State Band for three years:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Peter Severson be commended for his outstanding performance in the Jeopardy! Teen Tournament, his glowing academic record, and his enthusiasm for helping others, and be wished every success in his future.

Rep. Tornow moved that the House do now adjourn, which motion prevailed and at 4:51 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

STATE OF SOUTH DAKOTA ) ) ss COUNTY OF ______________)	IN CIRCUIT COURT _____JUDICIAL CIRCUIT

THE PEOPLE OF THE STATE OF ) SOUTH DAKOTA IN THE INTEREST ) OF____________________________, ) MINOR CHILD(REN), AND ) CONCERNING __________________, ) ________________________________, ) RESPONDENTS. )	Juv. No.___________ NOTICE TO PARENT, CUSTODIAN, OR INDIAN TRIBE OF CHILD CUSTODY PROCEEDINGS (ICWA)