JOURNAL OF THE HOUSE

EIGHTIETH SESSION  



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 22, 2005

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

     The prayer was offered by the Chaplain, Pastor Kent Bryant, followed by the Pledge of Allegiance led by House page Jennifer Nemec.

     Roll Call: All members present except Reps. Bradford and Roberts 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 thirtieth 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.
    The oath of office was administered by Speaker Michels to the following named pages:

    Anastasia Albrecht, Heather Amdahl, Emily Brake, Mary Crary, Katie Harding, Caroline Johnson, Cindy Kranz, Holly Marshall, Alissa Miles, Mallory Nelson, Jennifer Nemec, Emily Oldenkamp

    Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS


February 18, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 18, 2005, I approved House Bills 1013, 1014, 1015, 1016, 1017, 1034, 1038, 1041, 1060, 1076, 1083, 1086, 1097, 1104, 1119, 1132, 1133, and 1148, 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 Commerce respectfully reports that it has had under consideration SB 51 and 85 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 109 and returns the same with the recommendation that said bill be amended as follows:

109ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 54-11-10 be amended to read as follows:

     54-11-10.   Upon written notice, a credit card issuer may change the terms of any credit card agreement, if such right of amendment has been reserved , including finance charges, fees and other costs, effective as to existing balances, so long as the card holder does not, within twenty-five days of the effective date of the change, furnish written notice to the issuer that he does not agree to abide by such changes. Upon receipt of such written notice by the issuer, the card holder shall have the remainder of the time under the existing terms in which to pay all sums owed to the issuer or creditor. Use of the card after the effective date of the change of terms, including a change in interest rates, is deemed to be an acceptance of the new terms, even though the twenty-five days have not expired . However, the following changes to the credit card agreement, effective as to existing balances, do not become binding on the parties if the card holder, within twenty-five days of the effective date of the change, furnishes written notice to the issuer, at the address designated by the issuer, that the card holder does not agree to abide by such changes:

             (1)    Modifying the circumstances under which a finance charge will be imposed;
             (2)    Altering the method used to calculate finance charges;
             (3)    Increasing finance charges, fees, and other costs; or
             (4)    Increasing the required minimum payment.

     Any other change to the credit card agreement modifying the manner in which the issuer and card holder resolve disputes arising out of their relationship do not become binding on the parties if the card holder, within twenty-five days of the effective date of the change, furnishes written notice to the issuer, at the address designated by the issuer, that the card holder does not agree to abide by such changes.

     Use of the card after the effective date of the change of terms is deemed to be an acceptance of the new terms, even if the twenty-five-day period has not expired. Unless otherwise required by 12 C.F.R. §   226, in effect on January 1, 2005, a written change of terms notice is not required if the proposed change in terms has been communicated by the issuer to the card holder and the card holder agrees.

     Section 2. That chapter 54-11 be amended by adding thereto a NEW SECTION to read as follows:

     In lieu of the card holder's right to reject certain changes in terms within twenty-five days pursuant to section 1 of this Act, the issuer may require the card holder to provide written notice of such rejection not less than five days prior to the effective date of the change if the issuer has sent notice of the proposed change in terms under this Act to the card holder not less than thirty days prior to the effective date of the change. The issuer may provide the card holder an alternative means by which to communicate the card holder's rejection of the change in terms, so long as the alternative means is not more burdensome to the card holder."

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

154jd
     On the Senate Commerce Committee engrossed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 54-4-40 be amended to read as follows:

     54-4-40.   Any person who engages in the business of lending money shall apply for a license as prescribed by §§ 54-4-36 to 54-4-63, inclusive. The applicant shall apply for a license under oath on forms supplied by the division. The application shall contain the name of the applicant's business, proof of surety bond, address of the business, and other information as required by the director by rule or order. The applicant shall pay an original license fee as set by rules of the commission promulgated pursuant to chapter 1-26 not to exceed one thousand dollars. If the application of an existing licensee is for an additional location, the application need only include the location and identity of the location manager, plus any changes from the existing license, or such other information the director may consider necessary. The State of South Dakota, any political subdivision of the state, and any quasi-governmental organization created by an executive order of the State of South Dakota and any subsidiary of such organization; any nonprofit corporation formed pursuant to chapter 47-22; any nonprofit United States Treasury Community Development Financial Institution, Small Business Administration Certified Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of commerce, or industrial development corporation formed pursuant to §  9-12-11 or 9-27-37 is subject to this chapter but exempt from initial license fees, renewal fees, and surety bond requirements under this chapter.

     Section 2. That § 54-14-2 be amended to read as follows:

     54-14-2.   Any person who engages in the business of a mortgage banker or mortgage broker shall obtain an original license to engage in such business under the terms and conditions of this chapter, shall apply therefor under oath, on forms prescribed by the division, and shall pay an original, nonrefundable license fee as set by rules of the commission promulgated pursuant to chapter 1-26. The fee for a mortgage banker license may not exceed one thousand dollars and the fee for a mortgage broker license may not exceed five hundred dollars. If the application is approved, a license shall be issued.

     To renew a license, the licensee shall file for renewal by June fifteenth. Licenses shall be renewed on July first. The commission shall establish a renewal license fee by rules promulgated pursuant to chapter 1-26. The renewal fee for a mortgage banker license may not exceed one thousand dollars and the renewal fee for a mortgage broker license may not exceed five hundred dollars. The State of South Dakota, any political subdivision of the state, and any quasi-governmental organization created by an executive order of the State of South Dakota and any subsidiary of such organization; any nonprofit corporation formed pursuant to chapter 47- 22; any nonprofit United States Treasury Community Development Financial Institution, Small Business Administration Certified Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of commerce, or industrial development corporation formed pursuant to §  9-12-11 or 9-27-37 is subject to this chapter but exempt from initial license fees, renewal fees, and surety bond requirements under this chapter.

     Section 3. That § 54-4-54 be amended to read as follows:

     54-4-54.   Each licensee, whether a corporation or otherwise, shall pay the annual tax provided in chapter 10-43, upon the net income of the licensee, and measured by the net income assignable to such business in South Dakota. The annual tax provided by this section may not be less than twenty-four dollars. The State of South Dakota, any political subdivision of the state, and any quasi-governmental organization created by an executive order of the State of South Dakota and any subsidiary of such organization; any nonprofit United States Treasury Community Development Financial Institution, Small Business Administration Certified Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of commerce, or industrial development corporation formed pursuant to §  9-12-11 or 9-27-37 is exempt from the payment of this tax.

     Section 4. That § 54-14-6 be amended to read as follows:

     54-14-6.   All licensees under this chapter in addition to the license and other fees provided by this chapter, are required to pay the annual tax provided in chapter 10-43, upon the net income of the licensee measured by the net income assignable to the licensee's business in South Dakota. The State of South Dakota, any political subdivision of the state, and any quasi- governmental organization created by an executive order of the State of South Dakota and any subsidiary of such organization; any nonprofit United States Treasury Community Development Financial Institution, Small Business Administration Certified Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of commerce, or industrial development corporation formed pursuant to §  9-12-11 or 9-27-37 is exempt from the payment of this tax.

     Section 5. That § 54-4-36 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     "Regional revolving loan fund," a regional revolving loan fund with a service area of at least five South Dakota counties, a designated staff for loan processing and servicing, a loan portfolio of at least one million dollars, and which is governed by a board of directors that meets at least quarterly.

     Section 6. That § 54-14-1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     "Regional revolving loan fund," a regional revolving loan fund with a service area of at least five South Dakota counties, a designated staff for loan processing and servicing, a loan portfolio of at least one million dollars, and which is governed by a board of directors that meets at least quarterly.

     Section 7. That chapter 10-43 be amended by adding thereto a NEW SECTION to read as follows:

     The State of South Dakota, any political subdivision of the state, and any quasi- governmental organization created by an executive order of the State of South Dakota and any subsidiary of such organization; any nonprofit United States Treasury Community Development Financial Institution, Small Business Administration Certified Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of commerce, or industrial development corporation formed pursuant to §  9-12-11 or 9-27-37 is exempt from the payment of this tax."

154jtb
     On page 1, line 2 of the Senate Commerce Committee engrossed bill, after " requirements " insert "and bank franchise taxes".

     And that as so amended said bill 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 46 and 79 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 189 and returns the same with the recommendation that said bill 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 107 and 214 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 100 and 155 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 191 and 216 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill be amended as follows:

157oa
     On page 3, line 21 of the Senate engrossed bill, delete " For fiscal year 2005, any " and insert "Any".

     On page 3 , line 23, delete " for fiscal year 2006 " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 102 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1101, 1153, 1193, 1210, and 1259 which have passed the Senate without change.

Respectfully,
Patricia Adam, Secretary
ANNOUNCEMENTS


     The Speaker appointed Reps. O'Brien, Klaudt, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 12.

MOTIONS AND RESOLUTIONS


     HCR 1013:   A CONCURRENT RESOLUTION,   Requesting the Congress of the United States to direct the Corps of Engineers to address and rectify the problems caused by the accumulation of sediment in the Missouri River main stem reservoirs.

     Rep. Jensen moved that HCR 1013 as found on pages 579 and 580 of the House Journal be adopted.

     The question being on Rep. Jensen's motion that HCR 1013 be adopted.

     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; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford; Putnam; Roberts

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

     HCR 1014   Introduced by:  Representatives Rhoden, Bradford, Brunner, Deadrick, Dykstra, Garnos, Halverson, Hargens, Hills, Howie, Jensen, Klaudt, Kraus, O'Brien, Pederson (Gordon), Putnam, Rave, Turbiville, Valandra, and Van Norman and Senators Bogue, Koskan, Lintz, and McNenny

         A CONCURRENT RESOLUTION,  Proclaiming October 7, 2005, as South Dakota Rodeo Association Day in the State of South Dakota.
     WHEREAS,  the South Dakota Rodeo Association was organized at a meeting in Fort Pierre on February 2, 1955; and

     WHEREAS,  the following year the official name, South Dakota Rodeo Association, was adopted; and

     WHEREAS,  rodeo is one of the oldest and one of the original sports competitions in the United States; and

     WHEREAS,  South Dakota communities from Camp Crook to Colman and Buffalo Gap to Watertown have held rodeos over the past decades; and

     WHEREAS,  the South Dakota Rodeo Association is one of the largest state rodeo organizations in the United States; and

     WHEREAS,  the 78th Session of the South Dakota Legislature enacted a bill designating rodeo as the official state sport of South Dakota; and

     WHEREAS,  October 7, 2005, is the first day of the 50th South Dakota Rodeo Association State Finals:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that October 7, 2005, be proclaimed as South Dakota Rodeo Association Day in South Dakota.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 93:   FOR AN ACT ENTITLED, An Act to   authorize qualified dispositions in trust.

     Was read the second time.

     The question being "Shall SB 93 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford; Roberts

     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 94:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding trusts.

     Was read the second time.

     The question being "Shall SB 94 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford; Roberts

     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 125:   FOR AN ACT ENTITLED, An Act to   exempt transfers of funds from certain municipal revenue producing ventures from the calculation of the general fund balance of school districts.

     Was read the second time.


     Rep. Elliott requested that SB 125 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 179:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of occupational therapy.

     Was read the second time.

     The question being "Shall SB 179 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford; Roberts

     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 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.

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

96fb

     Rep. Vehle moved that SB 96 be amended as follows:

     On page 1, line 6 of the Senate Local Government Committee engrossed bill, after " Any " insert "third class".
     On page 1 , line 7, after " license. " insert "Any first or second class municipality holding a license pursuant to Title 35 which is serving or providing for the service of food at an establishment operating under such license as of July 1, 2004, may continue to serve or provide for the service of food at such establishment.".

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

     The Speaker declared the motion prevailed.

     The question being "Shall SB 96 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

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

     Nays:
Buckingham; Hanks; Hennies; McCoy; Sebert

     Excused:
Bradford; Roberts

     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 151:   FOR AN ACT ENTITLED, An Act to   permit the cremation and inurnment of indigents in lieu of burial and to revise and clarify certain provisions regarding indigent funeral expenses.

     Was read the second time.

151fd

     Rep. Sigdestad moved that SB 151 be amended as follows:

     On page 3 of the Senate Local Government Committee engrossed bill, delete lines 3 to 5 , inclusive, and insert:

" so dying shall be an honorably If the decedent was a military veteran discharged United States soldier, sailor, marine, or aviator under conditions other than dishonorable , the funeral shall be conducted and expenses paid as provided in chapter 33-19. In addition, the county and, if applicable, the tribal veteran service officer shall be contacted to ensure that a basic military funeral is provided. A basic military funeral consists of the folding and presentation of the United States flag, a firing squad, and playing of Taps by a bugler, if available, or by electronic recording. Any veteran service organization or volunteer group may assist in providing such military honors. ".


     Which motion lost.

     The question being "Shall SB 151 pass as amended?"

     And the roll being called:

     Yeas 6, Nays 62, Excused 2, Absent 0

     Yeas:
Elliott; Gassman; Halverson; Howie; Lange; Sigdestad

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

     Excused:
Bradford; Roberts

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

     SB 171:   FOR AN ACT ENTITLED, An Act to   prohibit certain officials from voting if a conflict of interest exists.

     Was read the second time.


171oa

     Rep. Tornow moved that SB 171 be amended as follows:

     On page 1, line 4 of the Senate Local Government Committee engrossed bill, after " may " insert "participate in discussing or".

     On page 1 , line 6, after " from " insert "participating in discussion or".

     On page 1 , line 6, after " may " insert "participate in discussing or".

     On page 1 , line 12, after " interest " insert "participates in discussion or".

     Which motion prevailed and SB 171 was so amended.

     The question being "Shall SB 171 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford; Roberts

     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 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.

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

     The question being "Shall SB 48 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford; Roberts

     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 112:   FOR AN ACT ENTITLED, An Act to   repeal certain requirements related to works of art in state buildings.

     Was read the second time.

     The question being "Shall SB 112 pass?"

     And the roll being called:

     Yeas 44, Nays 24, Excused 2, Absent 0

     Yeas:
Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Gillespie; Hackl; Hanks; Haverly; Heineman; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; Miles; Nelson; Novstrup; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Tornow; Turbiville; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Boomgarden; Elliott; Garnos; Gassman; Glenski; Glover; Haley; Halverson; Hargens; Hennies; Hills; Kroger; Lange; McLaughlin; Murschel; O'Brien; Olson (Ryan); Rounds; Sigdestad; Street; Thompson; Valandra; Van Etten; Van Norman

     Excused:
Bradford; Roberts

     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 207:   FOR AN ACT ENTITLED, An Act to   revise certain mobile and manufactured home provisions related to taxation, fees, titling, and penalties.

     Was read the second time.

     The question being "Shall SB 207 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford; Roberts

     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 25, 26, 143, 178, 117, 135, 34, 187, 188, 2, 78, 83, 163, 66, 72, 116, 53, 95, and 217 be deferred to Wednesday, February 23rd, the 32nd legislative day.

     Which motion prevailed and the bills were so deferred.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 76 and 97.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1110 was lost on second reading and final passage.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1257 was tabled.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House has, pursuant to the Governor's veto of HB 1105, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 8:30 a.m., February 22, 2005.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1101, 1153, 1193, 1210, and 1259 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1101: FOR AN ACT ENTITLED, An Act to  except contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade.

     HB 1153: FOR AN ACT ENTITLED, An Act to  revise certain sales tax provisions related to products and substances associated with the application of pesticides.

     HB 1193: FOR AN ACT ENTITLED, An Act to  adopt the Uniform Child-Custody Jurisdiction and Enforcement Act and to repeal the Uniform Child Custody Jurisdiction Act.

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

     HB 1259: FOR AN ACT ENTITLED, An Act to  reestablish eligibility for certain veterans to qualify for the veterans' bonus program and to declare an emergency.


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

     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.

     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.

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

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

     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.

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

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

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

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

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

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

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

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

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

     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.


     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:26 p.m. the House adjourned.

Karen Gerdes, Chief Clerk