House Journal 02/23/2005 2:00 PM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

THIRTY-SECOND DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 23, 2005

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

The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House page Marylynn Crary.

Roll Call: All members present except Reps. Bradford and Hunhoff 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 thirty-first day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Matthew Michels, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

February 22, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 22, 2005, I approved House Bills 1090, 1111, 1115, 1155, 1157, 1168, 1171, 1189, 1198, 1199, 1201, 1242, and 1243, 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 Judiciary respectfully reports that it has had under consideration SB 23 and 24 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 60 and returns the same with the recommendation that said bill be amended as follows:

60rg

On page 7, line 9 of the Senate engrossed bill, delete " from " and insert "before".

On page 9 , line 7, delete " from " and insert " before ".

And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 175 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 119 and returns the same with the recommendation that said bill be amended as follows:

119fb

On page 2, line 14 of the Senate Transportation Committee engrossed bill, after " identifiable " insert "insurer or".

On page 2 , line 17, after " owner " insert ", insurer,".

On page 2 , line 20, after " owner " insert ", insurer,".

On page 3 , line 3, after " all " insert "insurers and".

On page 3 , line 4, after " all " insert "insurers and".

On page 3 , line 4, after " The owner " insert ", insurer,".

On page 3 , line 5, after " owner " insert ", insurer,".

On page 3 , line 7, after " owner " insert ", insurer,".

On page 3 , line 11, after " sold " insert "at public auction pursuant to § § 21-54-5, 21-54-7, and 21-54-10".

On page 3 , delete line 12 , and insert "forwarded to the prior owner, insurer, and any other party with a legal interest in such vehicle. If the owner, insurer, and any lienholder are unidentifiable or".

And that as so amended said bill do pass.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill be amended as follows:

17ob

On page 4, line 19 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete " or " and insert " and ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 177 and returns the same with the recommendation that said bill be amended as follows:

177oa

On page 2 of the Senate State Affairs Committee engrossed bill, delete lines 17 to 24 , inclusive.

On page 3 , delete lines 1 to 3 , inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 193 and returns the same with the recommendation that said bill be amended as follows:

193od

On page 4, line 20 of the Senate engrossed bill, delete everything after " minor " .

On page 4 , delete line 21 .

On page 4 , line 22, delete " regularly resides, " .

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1169 and 1258 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1234 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Patricia Adam, Secretary

Speaker Pro tempore Deadrick now presiding.

MOTIONS AND RESOLUTIONS

Rep. Rhoden moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill to revise certain provisions regarding the Constitutional Revision Commission.

The question being on Rep. Rhoden's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill to revise certain provisions regarding the Constitutional Revision Commission.

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; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; 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

Excused:
Bradford; Garnos; Hunhoff

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1264 Introduced by: Representatives Michels, Deadrick, Dykstra, Gillespie, Hargens, and Rhoden and Senators Bogue, Hanson (Gary), and Moore

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Constitutional Revision Commission.

Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1264: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Constitutional Revision Commission.

Was read the second time.

The question being "Shall HB 1264 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Boomgarden; 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; 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

Excused:
Bradford; Cutler; Hunhoff

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.

Speaker Michels now presiding.

MOTIONS AND RESOLUTIONS

(continued)

Rep. Rhoden moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill to provide for the redistricting of boards of county commissioners under certain circumstances and to declare an emergency.

The question being on Rep. Rhoden's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill to provide for the redistricting of boards of county commissioners under certain circumstances and to declare an emergency.

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; 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

Excused:
Bradford; Hunhoff

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1265 Introduced by: Representatives Deadrick, Glover, Hargens, Michels, and Rhoden and Senators Bartling, Bogue, Moore, and Schoenbeck

FOR AN ACT ENTITLED, An Act to provide for the redistricting of boards of county commissioners under certain circumstances and to declare an emergency.

Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1265: FOR AN ACT ENTITLED, An Act to provide for the redistricting of boards of county commissioners under certain circumstances and to declare an emergency.

Was read the second time.

The question being "Shall HB 1265 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bradford; Hunhoff

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.

MOTIONS AND RESOLUTIONS

(continued)

HCR 1014: A CONCURRENT RESOLUTION, Proclaiming October 7, 2005, as South Dakota Rodeo Association Day in the State of South Dakota.

Rep. Rhoden moved that HCR 1014 as found on pages 592 and 593 of the House Journal be adopted.

The question being on Rep. Rhoden's motion that HCR 1014 be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bradford; Hunhoff

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1014 was adopted.

HCR 1015 Introduced by: Representatives Brunner and Jensen

A CONCURRENT RESOLUTION, Setting forth certain legislative policy recommendations to the secretary of the Department of Game, Fish and Parks regarding ongoing efforts to improve communications and to resolve complaints among landowners, sportsmen, and the department.

WHEREAS, the citizens of South Dakota have long recognized the important role that our farmers and ranchers play in the conservation and stewardship of the land, water, and wildlife resources of our state; and

WHEREAS, it is important for this legislative body to express our gratitude and support of South Dakota's landowners for their contribution toward preserving the state's outdoor heritage by providing food, water, and shelter for wildlife and for their gracious efforts to open their private lands to host those who hunt, fish, trap, and pursue many other outdoor activities; and

WHEREAS, given that all citizens of South Dakota cherish our rich heritage of hunting, fishing, and other outdoor-related activities, it is equally important to express our gratitude in recognizing the important role of the sportsmen of our state who promote wildlife conservation and the sound management of our state's natural resources; and

WHEREAS, debate over the open fields doctrine, as it pertains to the entry of conservation officers onto private land, and other issues such as prairie dog infestation, license allocation, hunter access, land acquisition, aerial hunting, and other concerns has been beneficial in establishing dialogue and recognizing the importance of the partnerships which are critical to preserving South Dakota's outdoor heritage for posterity; and

WHEREAS, in April 2004, the secretary of Game, Fish and Parks formed the West River Issues Working Group (WRIWG) to identify important issues and concerns related to the management of wildlife resources in western South Dakota. The WRIWG subsequently delivered a final report to the Game, Fish and Parks Commission in December 2004, including a list of seven recommendations to improve communication among landowners, sportsmen, and the Department of Game, Fish and Parks; and

WHEREAS, an improved communication process, including a formal mechanism to hear and consider complaints and concerns from all parties, would be of enormous help in defusing, clarifying, and resolving disputes and conflicts related to the management and use of our fish and wildlife resources that continue to plague South Dakota's landowners, sportsmen, the Department of Game, Fish and Parks, and the public as a whole; and

WHEREAS, it is incumbent upon this legislative body to consider these issues and offer guidance and support to the secretary of Game, Fish and Parks, the Game, Fish and Parks Commission, and all other involved interests who are working in cooperation to seek improvements in communication between landowners, Game, Fish and Parks, and the public and to provide opportunities and methods for resolving disputes and complaints among the interested parties:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges the secretary of the Department of Game, Fish and Parks to establish a "Wildlife Issues Resolution Panel" that will serve the following purposes:

(1) Provide the opportunity for landowners, sportsmen, and members of the general public to air their complaints and grievances related to the use and management of the state's fish and wildlife resources;

(2) Establish a formal mechanism to investigate, mediate, and resolve disputes and complaints among landowners, sportsmen, the general public, and state agencies related to the use and management of the state's fish and wildlife resources;

(3) Provide guidance and recommendations to the secretary and the Game, Fish and Parks Commission for purposes of implementing the seven communications improvement strategies identified by the WRIWG;

(4) Monitor progress and offer on-going advice to the secretary and the Game, Fish and Parks Commission on specific efforts to improve conservation officer communications through the implementation of the "Eight-Point Conservation Officer Communications Improvement Plan";

(5) Offer input to the secretary of Game, Fish and Parks as to how the department may improve accountability when addressing other citizen complaints against agency employees who may have violated department policies or operating procedures; and

(6) Provide an annual status and progress report to the House of Representatives and the Senate, through the respective Agriculture and Natural Resources Committees of each body, regarding efforts to improve communications and resolve disputes between the respective identified parties; and

BE IT FURTHER RESOLVED, that we commend the efforts of the West River Issues Working Group; the staff and Commission of the Department of Game, Fish and Parks; all landowners who provide habitat for our wildlife; and our sportsmen, who together, work diligently to preserve our hunting and fishing heritage and promote sound stewardship of the natural resources of South Dakota.

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

HCR 1016 Introduced by: Representatives Valandra, Boomgarden, Bradford, Buckingham, Cutler, Davis, Deadrick, Dennert, Elliott, Faehn, Frost, Garnos, Gassman, Gillespie, Glenski, Glover, Haley, Halverson, Hanks, Hargens, Haverly, Hennies, Hills, Howie, Hunhoff, Jensen, Jerke, Kroger, Lange, McCoy, McLaughlin, Miles, Murschel, Nelson, O'Brien, Pederson (Gordon), Putnam, Roberts, Rounds, Sigdestad, Street, Thompson, Tidemann, Turbiville, and Van Norman and Senators Adelstein, Abdallah, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Gray, Greenfield, Hanson (Gary), Hundstad, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McNenny, Moore, Nesselhuf, Olson (Ed), Schoenbeck, Smidt, Sutton (Duane), and Two Bulls

A CONCURRENT RESOLUTION, Urging Congress to fund the Sioux Nation Cultural Center.

WHEREAS, the United States Congress in Public Law 106-568 established the Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, on behalf of the Great Sioux Nation; and

WHEREAS, the general goals of the Wakpa Sica Reconciliation Place are to establish a Sioux Nation Cultural Center, which will display and interpret tribal history and cultural artifacts, enhance further tourism and economic development for tribes and the State of South Dakota, and promote general reconciliation and goodwill between Indians and non-Indians; and establish the Sioux Nation Supreme Court, which will strengthen tribal sovereignty, enhance individual tribal judicial systems, and help to promote economic development for the eleven member tribes of the Sioux Nation; and

WHEREAS, the creation of the Wakpa Sica Reconciliation Place and work conducted by the Wakpa Sica Historical Society enjoys great support with numerous American Indian and non-Indian individuals and organizations throughout the State of South Dakota; and

WHEREAS, the United States Congress has appropriated $7.6 million toward the construction and work of the Wakpa Sica Reconciliation Place:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the United States Congress to appropriate such sums as are necessary in Fiscal Year 2006 to complete the construction of the Sioux Nation Cultural Center as a component of the Wakpa Sica Reconciliation Place project.

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

HCR 1017 Introduced by: Representatives Weems, Bradford, Brunner, Buckingham, Dykstra, Elliott, Frost, Glenski, Hackl, Heineman, Hills, Hunt, Klaudt, Kraus, Krebs, McLaughlin, Miles, Olson (Ryan), Rave, Rhoden, Schafer, Valandra, Van Norman, and Wick and Senators Duenwald, Abdallah, Bartling, Bogue, Broderick, Earley, Gant, Kelly, Knudson, Koskan, Lintz, Moore, Sutton (Dan), and Two Bulls

A CONCURRENT RESOLUTION, Requesting the creation of an interim committee to study interscholastic activities.

WHEREAS, it is the Legislature's responsibility to provide for the educational instruction and opportunities for the children of South Dakota; and

WHEREAS, South Dakota endeavors to provide an ever-improving, quality education to its young people, the future of our state; and

WHEREAS, the Legislature sanctions the development of interscholastic opportunities for our children; and

WHEREAS, the totality of educational opportunities, including the interrelationship between academic achievement and interscholastic activities, must be considered to discern if a well-rounded education is being provided to our children:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the Executive Board of the Legislative Research Council be requested to appoint an interim committee to study the control, supervision, and regulation of high school interscholastic activities. The interim committee should study the constitution, by-laws, rules, and operation of any interscholastic association created pursuant to chapter 13-36. The interim committee should prepare a report detailing its findings and recommendations, include any proposals for legislation that it may deem advisable, and submit the report to the Executive Board of the Legislative Research Council no later than December 1, 2005.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on SB 109 as found on pages 586 and 587 of the House Journal ; also

Commerce on SB 154 as found on pages 587 to 590 of the House Journal ; also

Education on SB 157 as found on page 591 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding medicare supplement policies.

Was read the second time.

The question being "Shall SB 51 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bradford; Hunhoff

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 85: FOR AN ACT ENTITLED, An Act to modify certain provisions relating to the charging of employers for the payment of unemployment insurance benefits.

Was read the second time.

The question being "Shall SB 85 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bradford; Hunhoff

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 100: FOR AN ACT ENTITLED, An Act to clarify the rule-making authority for the sales tax on food refund program.

Was read the second time.

The question being "Shall SB 100 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bradford; Hunhoff

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 155: FOR AN ACT ENTITLED, An Act to specifically exempt certain political subdivisions from the imposition of the sales and use tax.

Was read the second time.

The question being "Shall SB 155 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Bradford; Hunhoff

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 25: FOR AN ACT ENTITLED, An Act to revise the purposes for which the extraordinary litigation fund may be used.

Was read the second time.

The question being "Shall SB 25 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; 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:
Putnam

Excused:
Bradford; Hunhoff

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 26: FOR AN ACT ENTITLED, An Act to provide monetary penalties for failure of tobacco distributors and wholesalers to comply with certain cigarette regulations.

Was read the second time.

The question being "Shall SB 26 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; 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; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Bradford; Dykstra; Hunhoff; Klaudt; 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 143: FOR AN ACT ENTITLED, An Act to adopt the Uniform Environmental Covenants Act.

Was read the second time.

143rb

Rep. O'Brien moved that SB 143 be amended as follows:

On page 4, line 2 of the printed bill, delete " unless waived by the agency " .

On page 7 , line 22, delete " Unless waived by the agency, the " and insert "The".

Which motion prevailed and SB 143 was so amended.

The question being "Shall SB 143 pass as amended?"

And the roll being called:

Yeas 62, Nays 4, Excused 4, Absent 0

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

Excused:
Bradford; Hunhoff; Klaudt; 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 178: FOR AN ACT ENTITLED, An Act to provide for the creation of county interdisciplinary child information teams and to regulate their memberships, authority, and responsibilities.

Was read the second time.

Rep. Murschel moved that SB 178 be deferred to Monday, February 28^th, the 35^th legislative day.

Which motion prevailed and the bill was so deferred.

SB 117: FOR AN ACT ENTITLED, An Act to provide for the development and implementation of certain animal identification programs to maintain animal health and ensure the safety of the food supply.

Was read the second time.

The question being "Shall SB 117 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, 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; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; 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:
Rhoden

Excused:
Bradford; Hunhoff; 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 135: FOR AN ACT ENTITLED, An Act to increase the promotional fee on wheat.

Was read the second time.

The question being "Shall SB 135 pass?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hackl; Tornow

Excused:
Bradford; Hunhoff; 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.

SB 34: FOR AN ACT ENTITLED, An Act to make an additional appropriation to construct a thermophilic anaerobic manure digestion system for the South Dakota Agricultural Experiment Station and to declare an emergency.

Was read the second time.

The question being "Shall SB 34 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; 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:
Bradford; Hunhoff; 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.

SB 187: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons.

Was read the second time.

The question being "Shall SB 187 pass?"

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; 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:
Bradford; Hunhoff; 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 SB 188, 2, 78, 83, 163, 66, 72, 116, 53, 95, 217, 125, 189, 107, 214, 191, 216, and 185 be deferred to Thursday, February 24^th, the 33^rd 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 1054, 1057, 1079, 1089, 1100, 1128, 1163, 1172, 1178, 1179, 1181, 1190, 1205, 1209, and 1239 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 23, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1101, 1153, 1193, 1210, and 1259 were delivered to his Excellency, the Governor, for his approval at 3:10 p.m., February 23, 2005.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1169 and 1258 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1169: FOR AN ACT ENTITLED, An Act to clarify certain procedures for terminating or nonrenewing a teacher's contract.

HB 1258: FOR AN ACT ENTITLED, An Act to revise the definition of an abused or neglected child.

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.

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

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

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

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

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

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1025 Introduced by: Representatives Weems, Cutler, Glenski, Heineman, Miles, Murschel, Peters, Roberts, Thompson, Tornow, Wick, and Willadsen and Senators Gant, Abdallah, Dempster, Earley, Kelly, Knudson, and Koetzle

A LEGISLATIVE COMMEMORATION, Honoring Molly Stehly, a seventh-grade student at Memorial Middle School in Sioux Falls for receiving the Prudential Spirit of Community Award in South Dakota for the middle school student category.

WHEREAS, the prestigious Prudential Spirit of Community Award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities and recognizes the dedication of young people like Ms. Stehly who use their considerable talents and resources to serve others; and

WHEREAS, Ms. Stehly earned this award by giving generously of her time and energy to a summer school program for special-education students, serving as a friend and playmate, and working with those students on vocal, computer, and self-confidence skills; and

WHEREAS, as a state honoree, Ms. Stehly receives a one thousand dollar award, an engraved silver medallion, and an all-expense-paid trip in May to Washington, D.C., to join honorees from each of the other states, the District of Columbia, and Puerto Rico, where the top ten youth volunteers of America for 2005 will be named:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that this legislative body hereby congratulates and honors Molly Stehly as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for her continued success and happiness.

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