House Journal 02/17/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 17, 2005

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

The prayer was offered by the Chaplain, Pastor Dallas McKinley, followed by the Pledge of Allegiance led by House page Chelsea Tobin.

Roll Call: All members present.

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-seventh 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.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The House proceeded to the reconsideration of HB 1105 pursuant to the veto of the Governor and the veto message found on page 500 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall HB 1105 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 0, Nays 69, Excused 1, Absent 0

Nays:
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; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); 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:
Putnam

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill lost, sustaining the Governor's veto.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 117 and 135 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 152 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 34, 187, and 188 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 Taxation respectfully reports that it has had under consideration SB 2 and 78 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 99 and 180 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 83 and 163 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 82 and 124 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 Commerce respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill be amended as follows:

53jd

On page 2 of the Senate engrossed bill, line 16, after "chapter" insert "if such person is otherwise required to be licensed by chapter 58-30".

On page 3 , delete line 10 , and insert "of its delivery".

On page 3 , line 11, delete " withdrawal from a bank account, " .

On page 3 , line 18, after " (1); " insert "and".

On page 3 , line 22, delete " ; " and insert ".".

On page 3 , delete lines 23 and 24 .

On page 4 , delete lines 1 and 2 .

On page 4 , line 5, after " card " insert "or by means of a telephonic transaction so long as the disclosures required by this section are provided to the consumer by way of postal mail, facsimile, or electronic mail within ten business days of the consumer's enrollment".

On page 4 , line 9, after " agreement, " insert "thirty days from the receipt of the disclosures required by section 3 of this Act if the consumer purchased the plan or program over the telephone,".

On page 4 , line 12, delete " to " .

On page 4 , after line 20, insert:

"
Section 6. Any person subject to registration pursuant to section 1 of this Act shall maintain a surety bond in the amount of twenty thousand dollars issued by a surety company authorized to do business in this state, or establish and maintain a surety account in the amount of twenty thousand dollars at a federally insured bank, savings and loan association, or federal savings bank located in this state. Each surety bond and surety account is subject to the following:

(1) A copy of the bond or a statement identifying the depository, trustee, and account number of the surety account, and thereafter proof of annual renewal of the bond or maintenance of the surety account, shall be filed with the director of the Division of Insurance;

(2) A surety account shall be maintained until two years after the date that the person subject to registration pursuant to section 1 of this Act ceases operations in the state. Funds from any surety account may not be released to the person subject to registration pursuant to section 1 of this Act without the specific consent of the attorney general;

(3) No surety on the bond of a person subject to registration pursuant to section 1 of this Act may cancel such bond without giving written notice thereof to the secretary of state. Whenever the secretary of state receives notice of a surety's intention to cancel the bond of a person subject to registration pursuant to section 1 of this Act, the secretary of state shall notify the affected person that, unless such person files another twenty thousand dollar surety bond with the secretary of state or establishes a twenty thousand dollar surety account on or before the cancellation date of such surety bond, then such person subject to registration pursuant to section 1 of this Act is no longer authorized to do business in this state;

(4) The bond or surety account shall be in favor of any person and the director of the Division of Insurance for the benefit of any person who is damaged by any violation of this Act, including any violation by the supplier or by any other person which markets, promotes, advertises, or otherwise distributes a discount card on behalf of the supplier. The bond shall cover any violation occurring during the time period during which the bond is in effect; and

(5) Any person claiming against the bond or surety account for a violation of this Act may maintain an action at law against the person subject to registration pursuant to section 1 of this Act and against the surety or trustee of the surety account. The aggregate liability of the surety or trustee of the surety account to all persons damaged by violations of this Act may not exceed the amount of the surety bond or account.".

And that as so amended said bill do pass.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 66, 72, and 116 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1090, 1094, 1115, 1201, 1242, and 1243 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1089 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 1011 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 35, 193, and 197 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 70.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Krebs moved that the House do concur in Senate amendments to HB 1111.

The question being on Rep. Krebs' motion that the House do concur in Senate amendments to HB 1111.

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; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); 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:
Putnam

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

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

Rep. O'Brien moved that the House do now reconsider the vote by which SB 12 lost.

The question being on Rep. O'Brien's motion to reconsider the vote by which SB 12 lost.

And the roll being called:

Yeas 64, Nays 5, 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; Kroger; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Klaudt; Lange; Pederson (Gordon); Valandra; Van Norman

Excused:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 12 was up for reconsideration and final passage.

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

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

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Rep. O'Brien moved that SB 12 be amended as follows:

On page 1, line 7 of the Senate Judiciary Committee engrossed bill, after " permit " delete " the " and insert " a ".

On page 1 , delete lines 8 and 9 , and insert " parent to appear telephonically if the parent is incarcerated, the parent appears telephonically in the physical presence of a law enforcement or correctional officer designated by the court to monitor the parent's appearance, and the parental rights of the other parent have been terminated or the other parent is deceased. Any other person whose consent is".

Which motion prevailed and SB 12 was so amended.

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

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

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

Nays:
Klaudt; Van Norman

Excused:
Putnam

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.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. O'Brien moved that the report of the Conference Committee on SB 70 as found on page 509 of the House Journal be adopted.

The question being on Rep. O'Brien's motion that the report of the Conference Committee on SB 70 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1245 as found on page 501 of the House Journal ; also

State Affairs on HB 1220 as found on pages 502 and 503 of the House Journal ; also

State Affairs on SB 76 as found on page 503 of the House Journal ; also

Judiciary on HB 1226 as found on pages 504 to 508 of the House Journal ; also

Judiciary on SB 178 as found on page 508 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 35: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a replacement manager's dwelling at the Cottonwood Research Station, to dispose of the existing dwelling on this site, and to make an appropriation therefor.

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

SB 193: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the performance of abortions on unemancipated minors and those found to be incompetent.

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

SB 197: FOR AN ACT ENTITLED, An Act to clarify how certain registered livestock brands held in joint tenancy may be transferred.

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1180: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning business improvement districts and to exempt general occupational tax receipts from the sales and gross receipts taxes.

Was read the second time.

The question being "Shall HB 1180 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

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

Excused:
Putnam

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 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of automated external defibrillators.

Was read the second time.

The question being "Shall HB 1245 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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 150: FOR AN ACT ENTITLED, An Act to permit certain services to be provided by municipal officials.

Was read the second time.

The question being "Shall SB 150 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Nays:
Van Norman

Excused:
Putnam

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 77: FOR AN ACT ENTITLED, An Act to correct various references in the code.

Was read the second time.

The question being "Shall SB 77 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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

Was read the second time.

The question being "Shall SB 159 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that HB 1220, 1140, 1241, and 1141 in this order be placed to follow HB 1226 on today's calendar.

Which motion prevailed and the bills were so placed.

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

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

The question being "Shall HB 1118 pass?"

And the roll being called:

Yeas 58, Nays 11, Excused 1, Absent 0

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

Nays:
Dykstra; Hanks; Hennies; Hunhoff; Klaudt; McCoy; Rhoden; Tornow; Van Norman; Wick; Speaker Michels

Excused:
Putnam

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 1218: FOR AN ACT ENTITLED, An Act to provide disclosure of fee schedules between health carriers and participating providers.

Was read the second time.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being "Shall HB 1218 pass as amended?"

And the roll being called:

Yeas 46, Nays 23, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Deadrick; Dennert; Dykstra; Elliott; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Heineman; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; Olson (Ryan); Pederson (Gordon); Rausch; Rave; Rhoden; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Weems; Speaker Michels

Nays:
Brunner; Buckingham; Cutler; Davis; Faehn; Frost; Fryslie; Hackl; Haverly; Hennies; Hills; Howie; Koistinen; McCoy; Novstrup; O'Brien; Peters; Rounds; Tidemann; Van Etten; Vehle; Wick; Willadsen

Excused:
Putnam

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 1004: FOR AN ACT ENTITLED, An Act to require that certain financial information concerning fund balances be reported to the Legislature.

Was read the second time.

The question being "Shall HB 1004 pass as amended?"

And the roll being called:

Yeas 60, Nays 9, Excused 1, Absent 0

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

Nays:
Dennert; Elliott; Gillespie; Glover; Haley; Hargens; Kroger; Miles; Thompson

Excused:
Putnam

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 1005: FOR AN ACT ENTITLED, An Act to provide for the deposit and appropriation of certain federal reimbursements.

Was read the second time.

The question being "Shall HB 1005 pass as amended?"

And the roll being called:

Yeas 57, Nays 12, Excused 1, Absent 0

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

Nays:
Dennert; Elliott; Gillespie; Glover; Haley; Hargens; Kroger; Lange; Miles; Thompson; Valandra; Van Norman

Excused:
Putnam

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 1073: FOR AN ACT ENTITLED, An Act to decrease the financial incentives for school districts that consolidate after July 1, 2008.

Was read the second time.

The question being "Shall HB 1073 pass as amended?"

And the roll being called:

Yeas 47, Nays 22, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Kraus; Krebs; Lange; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Haley; Hargens; Jensen; Klaudt; Koistinen; Kroger; Miles; Nelson; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Putnam

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 1149: FOR AN ACT ENTITLED, An Act to allow for cross-border education contracts.

Was read the second time.

The question being "Shall HB 1149 pass as amended?"

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

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

Nays:
Cutler; Hunt; Krebs; Rhoden

Excused:
Putnam

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 1170: FOR AN ACT ENTITLED, An Act to provide for the certification of distance learning providers and to authorize the Board of Education to promulgate rules relating to distance learning courses.

Was read the second time.

1170ce

Rep. Buckingham moved that HB 1170 be amended as follows:

On page 1, line 5 of the House Education Committee engrossed bill, delete everything after " Section 1. " and insert "For purposes of this Act, distance learning is the technology and educational process used to provide instruction when the student and primary instructor are not physically present at the same time or place.".

On page 1 , delete lines 6 to 10 , inclusive.

On page 1 , line 11, delete " provider " and insert "instructor".

On page 1 , line 13, delete " provider " and insert "instructor".

On page 1 , line 13, delete " a certificate " and insert "an endorsement".

On page 1 , line 14, delete " provider " and insert "instructor".

On page 2 , line 1, delete " entity " and insert "instructor".

On page 2 , line 2, delete " provider's certificate " and insert "endorsement".

On page 2 , line 3, delete " entity " and insert "instructor".

On page 2 , line 5, delete " certificate " and insert "endorsement".

On page 2 , line 5, delete " certificates " and insert "the endorsement".

On page 2 , line 6, delete " certification " and insert "endorsement".

On page 2 , line 6, before " distance " insert "the".

On page 2 , line 6, delete " provider " .

On page 2 , line 7, delete " certification " and insert "endorsement program".

Which motion prevailed and HB 1170 was so amended.

The question being "Shall HB 1170 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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

The question being on the title.

Rep. Buckingham moved that the title to HB 1170 be amended as follows:

On page 1, line 1 of the House Education Committee engrossed bill, delete " certification " and insert "endorsement".

On page 1 , line 2, delete " providers " and insert "instructors".

Which motion prevailed and the title was so amended.

HB 1226: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the custody and placement of Indian children.

Was read the second time.

The question being "Shall HB 1226 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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

The question being on the title.

Rep. Bradford moved that the title to HB 1226 be amended as follows:

On page 1, line 1 of the printed bill, delete " provisions regarding " and insert "notice provisions related to".

Which motion prevailed and the title was so amended.

HB 1220: FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to general education and appropriate money therefor.

Was read the second time.

The question being "Shall HB 1220 pass as amended?"

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; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; 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:
Glenski

Excused:
Putnam

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 1140: FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to education.

Was read the second time.

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Rep. Hargens moved that HB 1140 be amended as follows:

On the House Education Committee Engrossed bill, delete everything after the enacting clause and insert:

"
Section 1. The state treasurer shall transfer to the state general fund from the budget reserve fund created in § 4-7-31 the sum of five million two hundred ten thousand dollars ($5,210,000) for distribution by the secretary of the Department of Education through the state aid to general education formula in chapter 13-13.

Section 2. This Act takes effect June 21, 2005."

Rep. Dykstra moved that Rep. Hargens' motion to amend HB 1140 be laid on the table.

A roll call vote was requested and supported.

The question being on Rep. Dykstra's motion that Rep. Hargens' motion to amend HB 1140 be laid on the table.

And the roll being called:

Yeas 49, Nays 19, Excused 2, Absent 0

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

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

Excused:
Putnam; Rave

So the motion having received an affirmative vote of a majority of the members-present, the Speaker declared the motion carried and the amendment was tabled.

The question being "Shall HB 1140 pass as amended?"

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

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

Nays:
Bradford; Dennert; Elliott; Garnos; Gassman; Gillespie; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Putnam

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.

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

The question being "Shall HB 1241 pass?"

And the roll being called:

Yeas 49, Nays 20, Excused 1, Absent 0

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

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hills; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Putnam

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 the House do now recess until 5:45 p.m., which motion prevailed and at 5:11 p.m., the House recessed.

RECESS

The House reconvened at 5:45 p.m., the Speaker presiding.

HB 1141: FOR AN ACT ENTITLED, An Act to revise certain provisions on how real property sales are used to assess real property and to lower the general fund levies of school districts.

Was read the second time.

Rep. Rhoden moved that HB 1141 be laid on the table.

The question being on Rep. Rhoden's motion that HB 1141 be laid on the table.

And the roll being called:

Yeas 54, Nays 14, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Speaker Michels

Nays:
Cutler; Faehn; Glenski; Heineman; Koistinen; Miles; Murschel; Peters; Sebert; Thompson; Tornow; Weems; Wick; Willadsen

Excused:
Hanks; Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1141 was tabled.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 73, 96, 134, 169, 221, 209, 45, 61, 97, 68, 151, 171, 48, 112, 207, 25, 26, and 143 be deferred to Friday, February 18^th, the 29^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 1038, 1060, 1076, 1086, 1097, 1104, 1132, 1133, 1148, 1155, 1157, 1168, 1171, 1189, 1198, and 1199 were delivered to his Excellency, the Governor, for his approval at 3:50 p.m., February 17, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1090, 1094, 1111, 1115, 1201, 1242, and 1243 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1090: FOR AN ACT ENTITLED, An Act to allow debt cancellation contract and debt suspension contract fees to be included in consumer installment sales contracts.

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

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.

HB 1115: FOR AN ACT ENTITLED, An Act to require that supplemental coverages be made available with automobile liability policies.

HB 1201: FOR AN ACT ENTITLED, An Act to revise the labeling requirements for certain types of motor fuel.

HB 1242: FOR AN ACT ENTITLED, An Act to prohibit the manufacture and distribution of counterfeit driver licenses and nondriver identification cards.

HB 1243: FOR AN ACT ENTITLED, An Act to provide for the copying and retention of foreign documentation used to apply for certain state licenses, permits, and identification cards.

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.

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

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.

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

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.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1022 Introduced by: Representatives Rounds and Olson (Ryan) and Senator Gray

A LEGISLATIVE COMMEMORATION, Honoring the members of the 2004 Pierre Governors' varsity boys' soccer team and the coaches, administration, and parents involved in the program.

WHEREAS, the 2004 Pierre Governors' boys' soccer team won the South Dakota AA Varsity Soccer Championship, by virtue of outstanding character, sportsmanship, leadership, and dedication to excellence both on and off the field; and

WHEREAS, the Governors' varsity soccer team faced many worthy opponents and overcame many challenges including a significant halftime deficit and a double overtime match. The players faced the challenges as a team, always believing in each other and the possibility of a victory; and

WHEREAS, the team has consistently illustrated their respect and love of the game. Over many years these young men have proudly represented the communities of Pierre and Fort Pierre bringing home numerous championships:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the Pierre Governors' varsity boys' soccer team be commended for their excellence in athletics and leadership in the 2004-2005 school year.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 6:18 p.m. the House adjourned.

Karen Gerdes, Chief Clerk