House Journal 02/18/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 18, 2005

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

The prayer was offered by the Chaplain, Pastor Billy Wilson, followed by the Pledge of Allegiance led by House pages Emily Haggerty and Helen Konechne.

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-eighth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 179 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 9 of the Senate Commerce Committee engrossed bill, delete " photophoresis " and insert " phonophoresis ".

On page 4 , line 24, delete " on the physical agent modality " and insert " covering physical agent modalities ".

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

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 4 of the Senate State Affairs Committee engrossed bill, after " wagering " insert " on horse and dog racing authorized by this chapter ".

On page 3 , line 18, after " hubs " insert " , if the facilities or hubs only allow wagering on horse and dog racing authorized by this chapter ".

On page 6 , line 18, after " hub. " insert " Any such interstate combined wagering pool may only apply to horse and dog racing authorized by this chapter.

Section 10. Nothing in this Act authorizes internet gambling otherwise prohibited by chapter 22-25A.".

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 93 and 94 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 Judiciary respectfully reports that it has had under consideration SB 217 and returns the same with the recommendation that said bill be amended as follows:

On page 28, after line 4 of the Senate Judiciary Committee engrossed bill, insert:

"
Section 30. Notwithstanding the provisions of section 394 of Senate Bill 70, previously enacted by the 2005 Legislature, subdivision 47-5-6(3) remains effective until July 1, 2007.".

On page 1, line 2 of the Senate Judiciary Committee engrossed bill, after " Act " insert "and to provide for an exception to the repealers".

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 123 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 125 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 1178 and 1181 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 58, 67, 102, 157, 175, 181, 183, 190, 202, 216, and 218 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 concurred in House amendments to SB 41.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SCR 5.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Cutler moved that the House do concur in Senate amendments to HB 1089.

The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1089.

And the roll being called:

Yeas 69, Nays 1, Excused 0, 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Weems; Wick; Willadsen; Speaker Michels

Nays:
Vehle

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

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Saturday, February 19^th, the 30^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Rhoden moved that the report of the Standing Committee on

Commerce on SB 53 as found on page 533 of the House Journal be adopted.

Which motion prevailed and the report was adopted.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 58: FOR AN ACT ENTITLED, An Act to require insurers to cooperate with the Department of Social Services in the coordination of medical benefits.

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

SB 67: FOR AN ACT ENTITLED, An Act to revise certain drug and alcohol offenses, driving offenses, and other felonious offenses.

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

SB 102: FOR AN ACT ENTITLED, An Act to increase the percentage of contracted transportation costs that a school district may expend from the capital outlay fund.

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

SB 157: FOR AN ACT ENTITLED, An Act to increase the per student allocation in the state aid to education formula and to exempt from reversion certain funds appropriated for the state aid to education formula.

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

SB 175: FOR AN ACT ENTITLED, An Act to provide for the removal of certain noncommercial motor vehicle license plates from a motor vehicle if the ownership of the vehicle is transferred and to make an appropriation to provide for the administration thereof.

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

SB 181: FOR AN ACT ENTITLED, An Act to establish requirements and policies for the management and conservation of prairie dogs in national grasslands areas.

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

SB 183: FOR AN ACT ENTITLED, An Act to provide for the conveyance of certain lands dedicated to public purposes that have become impossible or impractical.

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

SB 190: FOR AN ACT ENTITLED, An Act to prohibit the sale of certain hunting and fishing licenses using the internet and to require certain licensing agent information to appear on the Department of Game, Fish and Parks internet site.

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

SB 202: FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to general education and make an appropriation.

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

SB 216: FOR AN ACT ENTITLED, An Act to enumerate the circumstances under which prairie dogs are to be considered pests.

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

SB 218: FOR AN ACT ENTITLED, An Act to create the South Dakota Energy Infrastructure Authority 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

SB 76: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2004.

Was read the second time.

The question being "Shall SB 76 pass as amended?"

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 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 152: FOR AN ACT ENTITLED, An Act to provide the secretary of agriculture with certain rule-making powers to regulate seed.

Was read the second time.

The question being "Shall SB 152 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; 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:
Murschel; 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 99: FOR AN ACT ENTITLED, An Act to permit financial institutions to prepay future tax liabilities.

Was read the second time.

The question being "Shall SB 99 pass as amended?"

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 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 180: FOR AN ACT ENTITLED, An Act to clarify that a tax may not be abated if a tax certificate is outstanding.

Was read the second time.

The question being "Shall SB 180 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; 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 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 82: FOR AN ACT ENTITLED, An Act to permit a real estate broker to appoint agents within an office to represent separate parties to a real estate transaction.

Was read the second time.

The question being "Shall SB 82 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, 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; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Elliott; Miles

Excused:
Peters

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

Was read the second time.

The question being "Shall SB 124 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

Was read the second time.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 SENATE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

The question being "Shall SB 73 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 96: FOR AN ACT ENTITLED, An Act to allow municipalities to offer full food services at certain licensed municipal facilities and to declare an emergency.

Was read the second time.

Rep. Schafer moved that SB 96 be deferred to Tuesday, February 22^nd, the 31^st legislative day.

Which motion prevailed and the bill was so deferred.

SB 134: FOR AN ACT ENTITLED, An Act to revise the dates for holding certain elections and filing certain nominating petitions.

Was read the second time.

The question being "Shall SB 134 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen

Nays:
Speaker Michels

Excused:
Turbiville; Van Etten

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

Was read the second time.

Rep. Koistinen moved that SB 169 be amended as follows:

On page 2, after line 11 of the printed bill, insert:

"
Section 4. The provisions of this Act are repealed on June 30, 2009.".

A roll call vote was requested and supported.

The question being on Rep. Koistinen's motion that SB 169 be amended.

And the roll being called:

Yeas 27, Nays 43, Excused 0, Absent 0

Yeas:
Bradford; Buckingham; Davis; Deadrick; Dykstra; Faehn; Fryslie; Glenski; Glover; Hennies; Howie; Hunt; Jerke; Koistinen; Kraus; Kroger; McCoy; McLaughlin; Nelson; Sebert; Street; Tornow; Turbiville; Van Etten; Vehle; Wick; Speaker Michels

Nays:
Boomgarden; Brunner; Cutler; Dennert; Elliott; Frost; Garnos; Gassman; Gillespie; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Hunhoff; Jensen; Klaudt; Krebs; Lange; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Thompson; Tidemann; Valandra; Van Norman; Weems; Willadsen

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 SB 169 pass?"

And the roll being called:

Yeas 58, Nays 12, Excused 0, Absent 0

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

Nays:
Buckingham; Deadrick; Glover; Howie; Klaudt; Kraus; McCoy; McLaughlin; Rhoden; Sebert; Van Etten; Wick

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 221: FOR AN ACT ENTITLED, An Act to establish certain restrictions regarding the sale and purchase of products containing pseudoephedrine or ephedrine and to provide penalties for violation thereof.

Was read the second time.

The question being "Shall SB 221 pass?"

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; 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; 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:
Davis

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 209: FOR AN ACT ENTITLED, An Act to revise the number of dentists eligible to participate in the dental tuition reimbursement program.

Was read the second time.

The question being "Shall SB 209 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 45: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to donate the former Governor's residence for a public purpose and to declare an emergency.

The question being "Shall SB 45 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

SB 61: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Science and Technology Authority to use eminent domain for certain limited purposes.

Was read the second time.

The question being "Shall SB 61 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Boomgarden; 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Bradford; Valandra; Van Norman

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

SB 97: FOR AN ACT ENTITLED, An Act to establish a maximum value for certain protected homesteads.

Was read the second time.

The question being "Shall SB 97 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of estheticians.

Was read the second time.

The question being "Shall SB 68 pass?"

And the roll being called:

Yeas 69, Nays 1, Excused 0, 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; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hunt

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.

Rep. Rhoden moved that SB 151, 171, 48, 112, 207, 25, 26, 143, 178, 117, 135, 34, 187, 188, 2, 78, 83, 163, 66, 72, and 116 be deferred to Saturday, February 19^th, the 30^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 1090, 1094, 1111, 1115, 1201, 1242, and 1243 were delivered to his Excellency, the Governor, for his approval at 2:00 p.m., February 18, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1178 and 1181 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1178: FOR AN ACT ENTITLED, An Act to provide a means to correct errors or omissions made to recorded plats.

HB 1181: FOR AN ACT ENTITLED, An Act to exempt certain amateur sports officials from sales tax.

SB 70: FOR AN ACT ENTITLED, An Act to enact the South Dakota Business Corporation Act, to repeal certain chapters relating to corporations, and to revise certain related provisions.

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

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1023 Introduced by: Representatives Rounds and Olson (Ryan) and Senator Gray

A LEGISLATIVE COMMEMORATION, Honoring the 2004 State Champion Pierre Post 8 13-14 year old Teener Baseball Team and the parents and coaching staff involved in the teener baseball program.

WHEREAS, the 2004 Pierre Post 8 13-14 year old Teener Baseball Team won the State VFW Championship by virtue of outstanding character, sportsmanship, and dedication to excellence both on and off the field; and

WHEREAS, the 2004 Pierre Post 8 13-14 year old Teener Baseball Team has dedicated themselves to this sport and earned an exceptional 36-2 record; and

WHEREAS, the 2004 Pierre Post 8 13-14 year old Teener Baseball Team received superior coaching and outstanding leadership guidance from head coach Tyler Merriam, assistant coaches Trevor Fisher and Brian Pope and Legion coach Jim Iverson; and

WHEREAS, the members of the 2004 State Champion 13-14 Teener Team showing enormous unity include Kyle Cichos, Will Corcoran, Matt Farris, Chance Frederick, Evan Fuller, Michael Gardner, Jordan Heckenlaible, Derrick Heninger, Jayson Herra, Sam Koenecke, Alex Lauseng, Jason Livermont, Graham Schuetzle, Jordan Shangreaux, and Nate White, and bat boys Dallas Heninger and Tyson Shangreaux:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the 2004 Pierre Post 8 13-14 year old Teener Baseball Team be commended for their excellence in athletics during the 2004 baseball season and for winning the 2004 VFW State Championship.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:39 p.m. the House adjourned.

Karen Gerdes, Chief Clerk