JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION  




SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 18, 2006

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

     The prayer was offered by the Chaplain, Pastor Harold Salem, followed by the Pledge of Allegiance led by House pages Brianna Larsen and Ashley Mager.

     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 fifth 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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1064 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1063 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1065 and returns the same with the recommendation that said bill be amended as follows:

1065ra
     On page 1, line 5 of the printed bill, after " trustee, " insert " committee member, ".

     On page 1 , line 12, after " trustee, " insert " committee member, ".

     On page 1 , line 13, after " trustee, " insert " committee member, ".

1065rta
     On page 1, line 1 of the printed bill, after " trustees, " insert "committee members".

     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 HB 1050 and 1052 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 Transportation respectfully reports that it has had under consideration HB 1049 and returns the same with the recommendation that said bill be amended as follows:

1049fta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise the effective dates of certain laws regarding the".

     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 HB  1016 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1053 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1055 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 27, 32, 51, and 52 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 1:   A CONCURRENT RESOLUTION,   Urging the Congress of the United States to support the changes to the No Child Left Behind Act that were recommended by the special task force established by the National Conference of State Legislatures.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Taxation on HB 1008 as found on page 100 of the House Journal ; also

     Taxation on HB 1048 as found on page 100 of the House Journal ; also

     Agriculture and Natural Resources on HB 1005 as found on page 101 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1073   Introduced by:  Representatives Cutler, Dykstra, Haley, Hennies, and Murschel and Senators Duniphan, Kelly, Koetzle, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise the circumstances under which certain arrests may be effected without warrant.

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


     HB 1074   Introduced by:  Representatives Cutler, Dykstra, Faehn, Haley, Hennies, Krebs, McCoy, Michels, and Murschel and Senators Schoenbeck, Abdallah, Adelstein, Duniphan, Kelly, Koetzle, McCracken, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide for recognition of certain stalking or physical violence protection orders as foreign domestic violence orders.

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

     HB 1075   Introduced by:  Representatives Buckingham, Boomgarden, Brunner, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glover, Hackl, Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Tidemann, Turbiville, Van Etten, Vehle, Weems, Wick, and Willadsen and Senators McCracken, Bogue, Duniphan, Gray, Hansen (Tom), Koetzle, Kooistra, Lintz, McNenny, Moore, Napoli, Olson (Ed), Schoenbeck, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the disposition of confiscated weapons and firearms.

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

     HB 1076   Introduced by:  Representatives Dykstra, Brunner, Dennert, Fryslie, Garnos, Halverson, Howie, Klaudt, Lange, Sigdestad, Tidemann, and Vehle and Senators Bartling, Broderick, Duenwald, Hanson (Gary), Koskan, McNenny, and Moore

       FOR AN ACT ENTITLED, An Act to   increase the amount of funding for conservation purposes from certain unclaimed motor fuel tax refunds.

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

     HB 1077   Introduced by:  Representatives Boomgarden, Deadrick, Dykstra, Gillespie, Hargens, Hunhoff, Jerke, Kroger, Pederson (Gordon), Rausch, Rave, Schafer, and Sebert and Senators Kooistra, Koskan, Lintz, Moore, Nesselhuf, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   authorize water user districts to establish and operate wastewater systems.

     Was read the first time and referred to the Committee on Local Government.


     HB 1078   Introduced by:  Representatives Novstrup, Cutler, Gassman, Hennies, Hunt, Lange, Nelson, Sigdestad, and Street and Senators Peterson (Jim), Dempster, Duniphan, Greenfield, Hanson (Gary), Hundstad, Olson (Ed), and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the bonding of township clerks and treasurers.

     Was read the first time and referred to the Committee on Local Government.

     HB 1079   Introduced by:  Representatives Dykstra, Cutler, Haley, Heineman, Hunhoff, Krebs, McLaughlin, and Roberts and Senators Olson (Ed), Kooistra, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   define an enrolled student.

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

     HB 1080   Introduced by:  Representatives Rhoden, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Murschel, Nelson, Novstrup, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Roberts, Sebert, Street, Thompson, Turbiville, Valandra, Van Etten, Weems, and Wick and Senators Lintz, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Koetzle, Kooistra, Koskan, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   restrict the use of eminent domain under certain circumstances and to protect certain private property rights from acquisition by the use or threat of eminent domain.

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

     HB 1081   Introduced by:  Representatives Dykstra, Cutler, Frost, Fryslie, Garnos, Glover, Hackl, Howie, Olson (Ryan), Rausch, Sigdestad, Street, Van Etten, and Weems and Senators Peterson (Jim), Bartling, Duniphan, Hansen (Tom), Hanson (Gary), Hundstad, Koskan, Lintz, McCracken, McNenny, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   exempt from the sales and use taxes certain maintenance items used on agricultural machinery and equipment.

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


     HB 1082   Introduced by:  Representatives Deadrick, Brunner, Dykstra, Halverson, Hargens, Jensen, Nelson, Rhoden, Sigdestad, and Tidemann and Senators Bogue, Dempster, Duenwald, Hansen (Tom), Hanson (Gary), Koskan, McNenny, Peterson (Jim), Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for uniform jurisdiction in the regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.

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

     HB 1083   Introduced by:  Representatives Buckingham, Boomgarden, Brunner, Cutler, Davis, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glover, Hackl, Halverson, Hanks, Hargens, Haverly, Heineman, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Tidemann, Tornow, Turbiville, Van Etten, Weems, Wick, and Willadsen and Senators McCracken, Bogue, Duniphan, Gray, Hansen (Tom), Koetzle, Kooistra, Lintz, McNenny, Moore, Napoli, Olson (Ed), Schoenbeck, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   limit the authority of the Game, Fish and Parks Commission to promulgate rules restricting the application of permits to carry a concealed pistol.

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

     HB 1084   Introduced by:  Representatives Michels, Hunhoff, and Rave and Senator Moore

       FOR AN ACT ENTITLED, An Act to   authorize counties to regulate the operation of certain off-road vehicles in highway ditches.

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

     HB 1085   Introduced by:  Representatives Buckingham, Brunner, Deadrick, Dykstra, Fryslie, Gassman, Hackl, Halverson, Hargens, Jensen, Krebs, Nelson, Pederson (Gordon), Vehle, and Wick and Senators Hansen (Tom), Adelstein, Duenwald, Duniphan, Kloucek, McNenny, Moore, Peterson (Jim), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   prohibit the feeding of certain big game animals and to provide a penalty therefor.

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



FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 27:   FOR AN ACT ENTITLED, An Act to   make an appropriation to the state fair and to declare an emergency.

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

     SB 32:   FOR AN ACT ENTITLED, An Act to   reauthorize a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

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

     SB 51:   FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

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

     SB 52:   FOR AN ACT ENTITLED, An Act to   eliminate the requirement for a signature on certain tax applications.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1043:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding life insurance exclusions.

     Was read the second time.

     Rep. Koistinen requested that HB 1043 be removed from the Consent Calendar.

     Which request was granted.

     HB 1002:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the type of documentation required for the registration of voters.

     Was read the second time.

     The question being “Shall HB 1002 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; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Rave

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

     HB 1023:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding standards for school district radio equipment.

     Was read the second time.

     The question being “Shall HB 1023 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; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Rave

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



     HB 1024:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions providing for the appointment of the director of vocational education.

     Was read the second time.

     The question being “Shall HB 1024 pass?”

     And the roll being called:

     Yeas 66, Nays 3, 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; 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; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Elliott; Haverly; Van Norman

     Excused:
Rave

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1051:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding notice to a tribe of a child custody proceeding subject to the Indian Child Welfare Act.

     Was read the second time.

     The question being “Shall HB 1051 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; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Rave

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

     HB 1006:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to out-of- state cattle brands and to establish a penalty.

     Was read the second time.

     Rep. Deadrick moved that HB 1006 be deferred to Monday, January 23rd, the 9th legislative day.

     Which motion prevailed.

     HB 1007:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the composition of livestock brands.

     Was read the second time.

     The question being “Shall HB 1007 pass?”

     And the roll being called:

     Yeas 70, Nays 0, 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; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

     HB 1017:   FOR AN ACT ENTITLED, An Act to   authorize the Public Utilities Commission to implement and comply with certain federal energy acts and to validate certain related commission actions.

     Was read the second time.

     Rep. Schafer moved that HB 1017 be deferred to Friday, January 20th, the 8th legislative day.

     Which motion prevailed.

     HB 1042:   FOR AN ACT ENTITLED, An Act to   revise certain requirements regarding the license renewal of insurance producers.

     Was read the second time.

     The question being “Shall HB 1042 pass?”

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, 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; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels


     Nays:
Bradford; 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.

     HB 1001:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning election procedures.

     Was read the second time.

     The question being “Shall HB 1001 pass?”

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, 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; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; 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.

     HB 1003:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning absentee voting.

     Was read the second time.

1003fc

     Rep. Tornow moved that HB 1003 be amended as follows:

     On page 3, line 10 of the printed bill, after " voter. " insert " On the day of the election, any qualified voter may use the authorized messenger provision. ".

     The Speaker being in doubt on the voice vote called for a roll call vote.

     The question being on Rep. Tornow's motion that HB 1003 be amended.

     And the roll being called:

     Yeas 28, Nays 42, Excused 0, Absent 0

     Yeas:
Bradford; Deadrick; Elliott; Frost; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Hunt; Jerke; Koistinen; Lange; McCoy; Miles; Novstrup; Pederson (Gordon); Rausch; Street; Thompson; Tornow; Valandra; Van Etten; Van Norman; Vehle

     Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Faehn; Fryslie; Garnos; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Jensen; Klaudt; Kraus; Krebs; Kroger; McLaughlin; Murschel; Nelson; O'Brien; Olson (Ryan); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Tidemann; Turbiville; Weems; Wick; Willadsen; Speaker Michels

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question being “Shall HB 1003 pass?”

     And the roll being called:

     Yeas 70, Nays 0, 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; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

     HB 1025:   FOR AN ACT ENTITLED, An Act to   revise state aid to special education.

     Was read the second time.

     The question being “Shall HB 1025 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; 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 bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1026:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding qualifications for members of the South Dakota Board of Education.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1026 pass?”

     And the roll being called:

     Yeas 28, Nays 41, Excused 1, Absent 0

     Yeas:
Brunner; Buckingham; Cutler; Deadrick; Dykstra; Glover; Hanks; Heineman; Hennies; Hills; Hunt; Jensen; Kraus; Krebs; Kroger; McLaughlin; Novstrup; Olson (Ryan); Rausch; Rave; Roberts; Rounds; Schafer; Street; Turbiville; Weems; Wick; Willadsen


     Nays:
Boomgarden; Bradford; Davis; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Haley; Halverson; Hargens; Haverly; Howie; Hunhoff; Jerke; Klaudt; Koistinen; Lange; McCoy; Miles; Murschel; Nelson; O'Brien; Pederson (Gordon); Peters; Putnam; Rhoden; Sebert; Sigdestad; Thompson; Tidemann; Tornow; Van Etten; Van Norman; Vehle; Speaker Michels

     Excused:
Valandra

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

COMMEMORATIONS


     HC 1002   Introduced by:  Representatives Glenski, Cutler, Heineman, Jerke, Krebs, Miles, Putnam, Roberts, Thompson, Tornow, Weems, Wick, and Willadsen and Senators Earley, Abdallah, Dempster, Gant, Kelly, Kloucek, Knudson, and Koetzle

         A LEGISLATIVE COMMEMORATION,  Honoring O'Gorman High School and Corsica Elementary School which were named No Child Left Behind-Blue Ribbon Schools.

     WHEREAS,  O'Gorman High School and Corsica Elementary School received the No Child Left Behind-Blue Ribbon award during the national education awards ceremony in Washington, D.C., in November 2005; and

     WHEREAS,  O'Gorman High School and Corsica Elementary School were recognized for demonstrating dramatic gains in student achievement and achieving top scores in state assessments; and

     WHEREAS,  O'Gorman High School and Corsica Elementary School were two of two hundred ninety-five award recipients to receive such honors:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-first Legislature of the State of South Dakota, that O'Gorman High School and Corsica Elementary School are to be congratulated on their accomplishment of representing South Dakota's commitment to furthering education.

     HC 1003   Introduced by:  Representatives Roberts, Cutler, Glenski, Heineman, Hunt, Krebs, Miles, Murschel, Peters, Thompson, Weems, Wick, and Willadsen and Senators Koetzle, Abdallah, Dempster, Earley, Gant, Kelly, and Knudson

         A LEGISLATIVE COMMEMORATION,  Honoring Barbara Dowling of Sioux Falls as South Dakota's 2006 Teacher of the Year.

     WHEREAS,  Barbara Dowling, an early childhood developmental and special education teacher at Hawthorne Elementary School, was chosen as the 2006 South Dakota Teacher of the Year and will represent South Dakota in the national competition for Teacher of the Year; and

     WHEREAS,  she has dedicated more than thirty-four years to the teaching profession; and

     WHEREAS,  she strives to create a joyful, open, and positive environment for learning, and works tirelessly, adapting her teaching methods and lesson plans to ensure the success of her students; and

     WHEREAS,  she instills confidence and hope in students, parents, and peers; and

     WHEREAS,  she believes that every child can learn and grow with support, kindness, patience, and guidance:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-first Legislature of the State of South Dakota, that Barbara Dowling be congratulated upon her selection as South Dakota's 2006 Teacher of the Year.

     HC 1004   Introduced by:  Representatives Thompson, 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, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen and Senators Olson (Ed), Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls

         A LEGISLATIVE COMMEMORATION,  Honoring and congratulating outstanding tennis coach, State Representative Burt Elliott, on his selection as a recipient of the 2005 South Dakota Tennis Achievement Award.

     WHEREAS,  Representative Burt Elliott's illustrious tennis coaching career at Aberdeen Central High School covered a span of thirty-five years, included coaching the Eagles' boys team for all those years and the Eagles' girls team for two decades, and was highlighted by an impressive record of victories, most notably three consecutive boys state championships in the early 1970s; and

     WHEREAS,  Coach Elliott was named the South Dakota Tennis Coach of the Year three times, the Region Six Coach of the Year twice, was presented with a "Lifetime Award" by the South Dakota High School Coaches Association, and was one of five finalists for the honor of National Coach of the Year in 2004; and

     WHEREAS,  Coach Elliott's many tennis coaching achievements are due in large part to his genuine concern for all of his players, his congenial nature, and his firm belief that the real value of an athletic program is not measured in wins and losses, but rather by the life lessons that children learn and carry with them into adulthood:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-first Legislature of the State of South Dakota, that Representative Burt Elliott be commended and congratulated on his selection as a recipient of the 2005 South Dakota Tennis Achievement Award.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:30 p.m. the House adjourned.

Karen Gerdes, Chief Clerk