JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION  



SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 19, 2006

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

     The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Maddie McFarland and Sarah McSparran.

     Roll Call: All members present except Rep. Valandra who was 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 sixth 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 Commerce respectfully reports that it has had under consideration HB  1058 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1044 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 Commerce respectfully reports that it has had under consideration HB 1027 and returns the same with the recommendation that said bill be amended as follows:

1027ja
     On page 2, line 14 of the printed bill, after " inclusive; " delete " and " .

     On page 2 , line 16, after " inclusive " insert:

" ;

             (3)    Nine thousand dollars, from January 1, 2008, to December 31, 2008, inclusive;

             (4)    Nine thousand five hundred dollars, from January 1, 2009, to December 31, 2009, inclusive; and

             (5)    Ten thousand dollars, on and after January 1, 2010 ".

     On page 2 , delete lines 17 to 21 , inclusive.

     On page 2 , delete line 24 .

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

     And that as so amended said bill do pass.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1032 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1028 and 1029 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1030 and returns the same with the recommendation that said bill be amended as follows:

1030ta
     On page 1, line 10 of the printed bill, overstrike " west river " .

     On page 1 , line 13, overstrike " west river " .

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

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1009 and returns the same with the recommendation that said bill be amended as follows:

1009fb
     On page 2, line 6 of the printed bill, delete " twenty eighty " and insert "twenty".

     On page 2 , line 7, delete " eighty one hundred and sixty " and insert "eighty".

1009fd
     On page 1, line 10 of the printed bill, delete " land " and insert " bare land, excluding any improvements ".

1009fe
     On page 5, after line 13 of the printed bill, insert:

"      Section 6. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the provisions of §  10-6-31.3, any state-owned public shooting area or a state-owned game production area, as identified in §  41-4-8, and owned and managed by the Department of Game, Fish and Parks shall be classified as class one agricultural land for tax purposes.".

     On page 1 , line 10, overstrike " or it is a state-owned " .

     On page 1 , overstrike lines 11 and 12 .

     On page 2 , line 20, delete everything after " land; " .

     On page 2 , delete lines 21 and 22 .

     And that as so amended said bill do pass.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1061 and returns the same with the recommendation that said bill be amended as follows:

1061ja
     On page 1, line 9 of the printed bill, after " standards. " insert "For the purpose of such audits, any pool arrangement shall be treated as a private entity subject to § §  1-27-28 to 1-27- 32, inclusive.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1020 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Phyllis M. Heineman, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 24, 37, 38, 41, and 44 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 20th, the 8th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1065 as found on page 112 of the House Journal ; also

     Transportation on HB 1049 as found on page 113 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1086   Introduced by:  Representatives Glenski, Garnos, Hanks, Heineman, Kraus, Lange, McCoy, Miles, Murschel, Nelson, Rausch, Rave, Schafer, Sigdestad, Street, Tidemann, Weems, and Wick and Senators Peterson (Jim), Gant, Greenfield, Kloucek, and Koetzle

       FOR AN ACT ENTITLED, An Act to   restrict the rights of certain sex offenders related to adoption or visitation of children.

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

     HB 1087   Introduced by:  Representatives Tidemann, Bradford, Brunner, Davis, Deadrick, Dennert, Dykstra, Elliott, Frost, Fryslie, Garnos, Gassman, Glenski, Glover, Hackl, Halverson, Hargens, Hunhoff, Jensen, Jerke, Klaudt, Lange, McCoy, Nelson, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rhoden, Rounds, Sebert, Sigdestad, Street, Thompson, Turbiville, Valandra, Van Etten, Van Norman, Vehle, and Weems and Senators Bartling, Apa, Bogue, Broderick, Duenwald, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Kloucek, Koetzle, Koskan, Lintz, McCracken, McNenny, Moore, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

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

     HB 1088   Introduced by:  Representatives Hunt, O'Brien, and Weems and Senators Smidt, Abdallah, Bartling, Nesselhuf, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   allow athletic trainers to be compensated for services rendered as athletic trainers if such charges are not excessive nor fraudulent.

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

     HB 1089   Introduced by:  Representatives Hunt, Krebs, and Lange and Senators Smidt and Abdallah

       FOR AN ACT ENTITLED, An Act to   appropriate money for the Vietnam War Memorial.

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

     HB 1090   Introduced by:  Representatives Klaudt, Davis, Dennert, Glenski, Haverly, Hennies, Hills, Hunhoff, Jerke, Lange, McLaughlin, Peters, Putnam, Rausch, Street, Tidemann, Turbiville, and Willadsen and Senators Bogue, Apa, Bartling, Duniphan, Earley, Gant, Greenfield, Hanson (Gary), Koetzle, McNenny, Napoli, Smidt, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   appropriate money for compensatory payments to certain school districts.

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

     HB 1091   Introduced by:  Representatives Dykstra, Frost, Hackl, Jerke, Miles, and Rave and Senators Koskan, McCracken, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   authorize the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new transmission facilities.


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

     HB 1092   Introduced by:  Representatives Van Etten, Dykstra, Faehn, Frost, Glenski, Hunhoff, Krebs, Lange, McCoy, Michels, Peters, Rausch, Sebert, Vehle, Weems, and Wick and Senators Knudson, Apa, Earley, Gant, Kelly, Koskan, McCracken, Moore, Peterson (Jim), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   extend certain lien provisions to physicians.

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

     HB 1093   Introduced by:  Representatives Van Norman, Bradford, Elliott, Gillespie, Glover, Haley, Halverson, Hargens, Kroger, Lange, Miles, Roberts, Sigdestad, Street, Thompson, and Valandra and Senator Two Bulls

       FOR AN ACT ENTITLED, An Act to   authorize the involvement of tribal housing improvement programs in implementing the Governor's house program.

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

     HB 1094   Introduced by:  Representatives Cutler, Gillespie, Krebs, O'Brien, Rave, Rounds, Tornow, Weems, Wick, and Willadsen and Senators Knudson, Abdallah, Broderick, Dempster, Gray, Kelly, Koskan, McCracken, Moore, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   clarify a custodian's access to certain sealed records.

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

     HB 1095   Introduced by:  Representatives Cutler, Buckingham, Gillespie, Hennies, Krebs, O'Brien, Rave, Rounds, Tornow, Weems, Wick, and Willadsen and Senators Schoenbeck, Abdallah, Broderick, Dempster, Gray, Kelly, Knudson, Koskan, McCracken, and Moore

       FOR AN ACT ENTITLED, An Act to   clarify the elements of the crime of impersonating another.

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

     HB 1096   Introduced by:  Representative Deadrick and Senator Bogue

       FOR AN ACT ENTITLED, An Act to   regulate access to and use of natural nonmeandered lakes and to provide certain penalties.

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

     HB 1097   Introduced by:  Representatives Sebert, Dykstra, Elliott, Faehn, Frost, Fryslie, Gassman, Halverson, Heineman, Hennies, Hills, Koistinen, Krebs, Kroger, Pederson (Gordon), Vehle, and Wick and Senators Olson (Ed), Broderick, Hundstad, Kooistra, McCracken, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   permit municipalities to refund certain sales and use taxes to contractors and subcontractors.

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

     HB 1098   Introduced by:  Representatives Jensen, Boomgarden, Davis, Dykstra, Haley, Hargens, Olson (Ryan), and Weems and Senators McNenny, Gant, Lintz, Nesselhuf, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   exempt swine and cattle semen from sales use tax.

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

     HB 1099   Introduced by:  Representatives Elliott, Bradford, and Kroger and Senators Hundstad and Kooistra

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the allowance for support when a divorce is granted.

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

     HB 1100   Introduced by:  Representatives Murschel, Cutler, Dykstra, Gillespie, Haverly, Hennies, McCoy, McLaughlin, Miles, O'Brien, Olson (Ryan), Rhoden, Roberts, Schafer, Thompson, Tornow, Wick, and Willadsen and Senators Abdallah, Adelstein, Bartling, Dempster, Duniphan, Kelly, Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for the establishment of standards for persons conducting home studies for purposes of child custody and visitation.

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

     HB 1101   Introduced by:  Representatives Turbiville and Hills

       FOR AN ACT ENTITLED, An Act to   provide for the indemnification of a trustee for a political subdivision of this state and to make an appropriation therefor.

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

     HB 1102   Introduced by:  Representatives Haverly, Buckingham, Davis, Dennert, Faehn, Halverson, Hanks, Howie, Jensen, Murschel, Nelson, Peters, Rausch, Tidemann, and Turbiville and Senators Bartling, Apa, Hanson (Gary), Moore, Napoli, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   expand the board of technical professions.

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

     HB 1103   Introduced by:  Representatives Haverly, Buckingham, Davis, Faehn, Halverson, Hanks, Howie, Klaudt, Murschel, Peters, Rausch, Roberts, Tidemann, Tornow, Turbiville, Van Etten, and Willadsen and Senators Napoli, Adelstein, Apa, Duniphan, Greenfield, Koetzle, and Two Bulls

       FOR AN ACT ENTITLED, An Act to   appropriate money to postsecondary technical institutes.

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

     HB 1104   Introduced by:  Representatives Hills, Brunner, Cutler, Elliott, Haley, Hennies, Jensen, Jerke, Kroger, Murschel, O'Brien, Pederson (Gordon), Roberts, Rounds, Sebert, Street, Tornow, and Turbiville and Senators Gray, Abdallah, Hansen (Tom), Hundstad, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of eavesdropping.

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

     HB 1105   Introduced by:  Representatives Heineman, Boomgarden, Faehn, Glenski, Kraus, Krebs, McCoy, Michels, Rave, Sebert, and Thompson and Senators Bartling, Kelly, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for the regulation of certain persons operating X ray equipment for diagnosis and treatment.

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

     HB 1106   Introduced by:  Representatives Dykstra, Cutler, Frost, Hackl, and Willadsen and Senators Olson (Ed), Gant, Hansen (Tom), and Koetzle

       FOR AN ACT ENTITLED, An Act to   repeal the excise tax on the gross receipts of personal communications system, wireless, and cellular telecommunications companies.

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

     HB 1107   Introduced by:  Representatives Hennies, Cutler, Deadrick, Gillespie, Kraus, Murschel, Pederson (Gordon), Rounds, Sebert, and Willadsen and Senators Moore, Bartling, Bogue, Napoli, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   clarify the definition of a salvage vehicle.

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

     HB 1108   Introduced by:  Representatives McCoy, Davis, Halverson, Hunt, Lange, McLaughlin, Novstrup, Schafer, Sebert, Street, Valandra, and Willadsen and Senators Peterson (Jim), Abdallah, Adelstein, Broderick, Duniphan, Gray, Hanson (Gary), Koetzle, Moore, Olson (Ed), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   define negligent homicide and to provide a penalty therefor.

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

     HB 1109   Introduced by:  Representatives Miles, Cutler, Murschel, and Weems and Senators Bartling, Abdallah, Dempster, and Knudson

       FOR AN ACT ENTITLED, An Act to   provide civil immunity to qualified mental health professionals designated by the chairs of the county board of mental illness.

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

     HB 1110   Introduced by:  Representatives Krebs, Boomgarden, Faehn, Frost, Garnos, Hargens, Haverly, Koistinen, Kroger, Miles, Peters, Sebert, and Willadsen and Senators Greenfield, Apa, Duniphan, Gray, Hansen (Tom), McCracken, Olson (Ed), Peterson (Jim), Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   provide compensation to certain retailers for collecting and remitting the sales tax.

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


     HB 1111   Introduced by:  Representatives Krebs, Elliott, Miles, Peters, and Rounds and Senators McCracken, Gant, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   require certain third party administrators to provide reports of claims experience upon request.

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

     HB 1112   Introduced by:  Representatives Deadrick, Boomgarden, Buckingham, Davis, Dykstra, Frost, Garnos, Glover, Hackl, Hills, Howie, Hunt, Jensen, Jerke, Nelson, Novstrup, Rhoden, Rounds, Sigdestad, Turbiville, Van Etten, and Willadsen and Senators Lintz, Bartling, Greenfield, McNenny, Moore, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   exempt certain real property owned by local industrial development corporations from property taxation.

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

     HB 1113   Introduced by:  Representatives Deadrick and Rhoden and Senators Earley and Bogue

       FOR AN ACT ENTITLED, An Act to   exempt claims related to wildland fire operations outside the state from certain workers' compensation provisions.

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

     HB 1114   Introduced by:  Representatives Fryslie, Davis, Hennies, Lange, McCoy, Rounds, and Vehle and Senators McCracken, Bogue, Broderick, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   exempt from motor vehicle license fees certain motor vehicles used to transport children to and from certain head start programs.

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

     HB 1115   Introduced by:  Representatives Bradford, Elliott, Gassman, Glover, Lange, Sigdestad, Thompson, Valandra, and Van Norman and Senator Two Bulls

       FOR AN ACT ENTITLED, An Act to   reauthorize the construction of nursing facilities on American Indian reservations under certain circumstances.

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

     HB 1116   Introduced by:  Representatives Bradford, Elliott, Gassman, Glover, Lange, Sigdestad, Thompson, Valandra, and Van Norman and Senator Two Bulls

       FOR AN ACT ENTITLED, An Act to   establish the prairie dog management assistance program and to make an appropriation therefor.

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

     HB 1117   Introduced by:  Representatives Hunt and Krebs and Senator Abdallah

       FOR AN ACT ENTITLED, An Act to   revise provisions regarding bond for persons charged with certain crimes involving methamphetamine.

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

     HB 1118   Introduced by:  Representatives Rounds, Hennies, McCoy, and O'Brien and Senators Bogue, Bartling, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding failure to stop at the command of a law enforcement officer and regarding eluding a law enforcement officer in a vehicle.

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

     HB 1119   Introduced by:  Representatives Rounds, Cutler, Gillespie, Hargens, Hennies, O'Brien, and Rave and Senators Moore, Gray, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   repeal certain mandatory minimum sentences for driving under the influence, to expand those substances under which a person may be found to be under the influence, and to revise certain driving under the influence provisions for clarity and consistency.

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

     HB 1120   Introduced by:  Representatives Rounds, Gillespie, Hargens, and O'Brien and Senators Moore, Gray, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the operation of a snowmobile or boat while under the influence.

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

     HB 1121   Introduced by:  Representatives Rounds, Cutler, Hills, Murschel, Olson (Ryan), Rhoden, Sigdestad, and Tornow and Senators Dempster, Duenwald, Duniphan, Gray, Koskan, Lintz, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   revise notification requirements for certain planning and zoning changes.

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

     HB 1122   Introduced by:  Representatives Weems and Willadsen and Senator Gant

       FOR AN ACT ENTITLED, An Act to   permit road districts to receive a portion of the county wheel tax revenue.

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

     HB 1123   Introduced by:  Representatives Glover, Bradford, Davis, Deadrick, Dennert, Garnos, Gassman, Haley, Halverson, Hargens, Jensen, Lange, Sigdestad, Street, Valandra, and Van Norman and Senators Bartling, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Lintz, Napoli, Nesselhuf, Peterson (Jim), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   exempt feed for certain game birds from the sales and use tax.

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

     HB 1124   Introduced by:  Representatives Lange, Elliott, Gassman, Haley, Halverson, Hargens, Kroger, Miles, Sigdestad, Street, Thompson, and Turbiville and Senator Hundstad

       FOR AN ACT ENTITLED, An Act to   make an appropriation to the Department of Tourism and State Development to provide for the promotion in Mexico of tourist opportunities in South Dakota and of the products made in South Dakota.

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

     HB 1125   Introduced by:  Representatives Lange, Haley, Kroger, Sigdestad, Street, Thompson, and Turbiville and Senator Hundstad

       FOR AN ACT ENTITLED, An Act to   provide certain insurance and medicaid coverage for hyperbaric oxygen therapy and related services.

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

     HB 1126   Introduced by:  Representatives Lange, Elliott, Gillespie, Kroger, Miles, Sigdestad, Thompson, and Turbiville and Senators Hundstad and Kooistra

       FOR AN ACT ENTITLED, An Act to   prohibit the charging of admission to the Cultural Heritage Center.

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

     HB 1127   Introduced by:  Representatives Turbiville, Boomgarden, Brunner, Cutler, Heineman, Hennies, Hills, Howie, Hunhoff, Jerke, Koistinen, Lange, McCoy, Murschel, Nelson, Rave, Rounds, and Sebert and Senators Gray, Abdallah, Duniphan, Hundstad, Lintz, McNenny, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   authorize the Gaming Commission to fund gambling addiction treatment programs.

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

     HB 1128   Introduced by:  Representatives Turbiville, Cutler, Deadrick, Elliott, Faehn, Frost, Gassman, Glenski, Haley, Halverson, Heineman, Hennies, Hills, Howie, Hunt, Jensen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Miles, Murschel, O'Brien, Olson (Ryan), Pederson (Gordon), Rausch, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Valandra, Van Etten, Vehle, Weems, Wick, and Willadsen and Senators Hansen (Tom), Abdallah, Adelstein, Bartling, Dempster, Duniphan, Gray, Kelly, Knudson, Lintz, McCracken, Nesselhuf, Olson (Ed), Schoenbeck, Smidt, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   increase the rate of taxation that municipalities may impose on certain goods and services.

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

     HB 1129   Introduced by:  Representatives Peters, Dykstra, Hackl, Haverly, Heineman, Hunhoff, O'Brien, Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Tidemann, Vehle, Wick, and Willadsen and Senators McCracken, Bogue, Dempster, Duniphan, Earley, Gant, Gray, Hansen (Tom), Kelly, Kooistra, Olson (Ed), and Smidt

       FOR AN ACT ENTITLED, An Act to   exempt certain facilities used for business incubators from property taxation.

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

     HB 1130   Introduced by:  Representatives Olson (Ryan), Gillespie, Hackl, Klaudt, Kroger, Michels, O'Brien, Pederson (Gordon), Putnam, Rhoden, Rounds, and Wick and Senators Duenwald, Bartling, Koskan, Lintz, McNenny, Moore, Napoli, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   revise the definition of a temporary supplemental lot for use by vehicle dealers.

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

     HB 1131   Introduced by:  Representatives Olson (Ryan), Boomgarden, Krebs, Pederson (Gordon), Rounds, and Sebert and Senators Sutton (Dan), Broderick, Koskan, and McCracken

       FOR AN ACT ENTITLED, An Act to   regulate an insurer's use of global positioning systems in motor vehicles.

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

     HB 1132   Introduced by:  Representatives Hanks, Boomgarden, Brunner, Buckingham, Davis, Garnos, Glenski, Howie, Kraus, Krebs, McCoy, Novstrup, Rausch, Rhoden, Turbiville, Van Etten, and Weems and Senators Adelstein, Abdallah, Broderick, Koskan, McCracken, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   provide for the termination of certain parental rights of persons convicted of rape or incest, to provide for restitution in lieu of child support in those cases, to restrict contact with the child, and to provide penalties for violations thereof.

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

     HB 1133   Introduced by:  Representatives Hanks, Brunner, Davis, Hargens, Howie, Jensen, Koistinen, Pederson (Gordon), and Street and Senators McNenny, Gant, Koskan, and Lintz

       FOR AN ACT ENTITLED, An Act to   define the extraterritorial platting jurisdictional area of municipalities for the purpose of platting land.

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

     HB 1134   Introduced by:  Representatives Hanks, Brunner, Buckingham, Davis, Frost, Fryslie, Garnos, Hackl, Klaudt, Krebs, McCoy, Rave, and Rhoden and Senators Lintz, Bogue, and Duenwald

       FOR AN ACT ENTITLED, An Act to   to revise certain provisions regarding the justifiable use of force.

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


     HB 1135   Introduced by:  Representatives Cutler, Haley, Hennies, Murschel, Roberts, and Tornow and Senators Gray, Abdallah, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to domestic limited liability companies, domestic limited liability partnerships, and the appointment of certain agents.

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

     HB 1136   Introduced by:  Representatives Cutler, Boomgarden, Faehn, Haley, Haverly, Klaudt, McCoy, and Roberts and Senators Adelstein, Duniphan, Koetzle, Kooistra, Nesselhuf, Sutton (Dan), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of marriage and family therapy.

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

     HB 1137   Introduced by:  Representatives Cutler, Faehn, Haley, Haverly, Klaudt, McCoy, and Roberts and Senators Adelstein, Duniphan, Koetzle, Kooistra, Nesselhuf, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of counseling.

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

     HB 1138   Introduced by:  Representatives Faehn, Brunner, Cutler, Davis, Elliott, Frost, Halverson, Haverly, Hills, Howie, Hunhoff, Krebs, McCoy, McLaughlin, O'Brien, Rave, Schafer, Sebert, Sigdestad, Street, Thompson, Van Etten, Vehle, Weems, Wick, and Willadsen and Senators Sutton (Duane), Gray, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   authorize first class municipalities to issue nonsmoking establishment on-sale licenses under certain conditions.

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

     HB 1139   Introduced by:  Representatives Krebs, Dennert, Dykstra, Elliott, Frost, Fryslie, Gillespie, Haverly, Kroger, Lange, McCoy, McLaughlin, Murschel, Novstrup, Pederson (Gordon), Rhoden, Roberts, Rounds, Street, Thompson, Turbiville, Valandra, Vehle, Weems, Wick, and Willadsen and Senators Gray, Abdallah, Apa, Bogue, Gant, Greenfield, Hundstad, Kelly, Kloucek, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Peterson (Jim), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   define the use of vehicles bearing dealer's demonstration or in-transit permits and to revise the penalty for the misuse of such permits.

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

     HB 1140   Introduced by:  Representatives Haley, Hargens, Hennies, Murschel, and O'Brien and Senators Hansen (Tom), Abdallah, Broderick, Hundstad, Koetzle, Nesselhuf, Olson (Ed), Peterson (Jim), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the continuing eligibility requirements for opportunity scholarship recipients.

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

     HB 1141   Introduced by:  Representatives Murschel and Dennert and Senators Nesselhuf and Kooistra

       FOR AN ACT ENTITLED, An Act to   provide standards for interpreting for the deaf and hard-of-hearing by requiring national interpreter certification and to repeal the state certification process and replace it with registration.

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

     HB 1142   Introduced by:  Representatives Van Etten, Dennert, Elliott, Faehn, Fryslie, Garnos, Gassman, Glenski, Hanks, Hennies, Hills, Lange, McCoy, McLaughlin, Murschel, Nelson, O'Brien, Schafer, Sebert, Thompson, Tidemann, Tornow, and Willadsen and Senators Bartling, Adelstein, Hansen (Tom), Kelly, Kooistra, Lintz, McCracken, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   appropriate money to the state library for digital access to newspapers.

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

     HB 1143   Introduced by:  Representatives Tidemann, Brunner, Dennert, Glenski, Haverly, Heineman, Hunhoff, Jensen, Klaudt, O'Brien, Peters, and Rausch and Senators Smidt, Bartling, Hanson (Gary), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to renovate Wecota Hall at South Dakota State University, and to make an appropriation therefor.

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

     HB 1144   Introduced by:  Representatives Hackl, Davis, Garnos, and Olson (Ryan) and Senators Greenfield, Gray, McNenny, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   provide contractors' excise, sales, and use tax refunds for certain energy generation facilities.

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

     HB 1145   Introduced by:  Representatives Hackl, Cutler, Davis, Faehn, and Halverson and Senators Bogue and Duenwald

       FOR AN ACT ENTITLED, An Act to   establish the biotechnology incentive fund and to provide for its funding and purpose.

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

     HB 1146   Introduced by:  Representatives Dennert, Davis, Elliott, Gassman, Glenski, Hennies, Jensen, Lange, Miles, and Sebert and Senators Duenwald and Hundstad

       FOR AN ACT ENTITLED, An Act to   provide for the issuance of certain unused nonresident waterfowl licenses.

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

     HB 1147   Introduced by:  Representatives Murschel, Cutler, Dykstra, Hackl, Halverson, Heineman, Hennies, Hunhoff, Kroger, McCoy, O'Brien, Rounds, and Thompson and Senators Schoenbeck, Abdallah, Bartling, Broderick, Dempster, Knudson, Moore, Nesselhuf, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain eligibility restrictions related to secondary school extracurricular activities.

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

     HB 1148   Introduced by:  Representatives Haverly, Dennert, Glenski, Hunhoff, Klaudt, Peters, Rausch, and Tidemann and Senators Hanson (Gary), Apa, Bartling, Greenfield, Napoli, Smidt, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   appropriate money for heating costs at postsecondary technical institutes.

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


     HB 1149   Introduced by:  Representatives O'Brien, Cutler, Faehn, Garnos, Gillespie, Haley, Hargens, Haverly, Hennies, Hunhoff, Jensen, Murschel, Nelson, Rausch, Rave, Roberts, Rounds, and Tidemann and Senators Bogue, Abdallah, Dempster, Duenwald, Hansen (Tom), Knudson, Moore, Olson (Ed), and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain felony and misdemeanor provisions not located in the criminal code.

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

     HB 1150   Introduced by:  Representatives O'Brien, Cutler, Gillespie, Haley, Hargens, Haverly, Hunhoff, Jensen, Murschel, Nelson, Rausch, Rave, Roberts, and Tidemann and Senators Bogue, Abdallah, Dempster, Duenwald, Hansen (Tom), Knudson, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to controlled drugs and substances.

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

     HB 1151   Introduced by:  Representatives Dykstra, Buckingham, Hunt, Koistinen, Murschel, Van Etten, Weems, and Wick and Senators Dempster, Earley, Gray, Kelly, Knudson, and McCracken

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the use of certain real property sales to value other real property and to revise the general fund levies of school districts.

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

     HB 1152   Introduced by:  Representatives Wick, Boomgarden, Cutler, Faehn, Haley, Hennies, Krebs, Kroger, Murschel, Roberts, Rounds, Schafer, Sebert, Street, and Willadsen and Senators Gray, Broderick, Duniphan, Kelly, Koetzle, McCracken, Olson (Ed), Peterson (Jim), Smidt, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   establish damage claims procedures for certain claims against construction professionals.

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

     HB 1153   Introduced by:  Representatives Buckingham, Cutler, Hunt, and Krebs and Senator Gant

       FOR AN ACT ENTITLED, An Act to   revise the definition of a prohibited sexual act.


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

     HB 1154   Introduced by:  Representatives Dykstra, Dennert, Faehn, Fryslie, Haley, Halverson, Hargens, Jensen, McCoy, Miles, Novstrup, Rhoden, Sigdestad, and Street and Senators Peterson (Jim), Bartling, Duenwald, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Koskan, Lintz, McNenny, Olson (Ed), Smidt, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   impose an excise tax on the gross receipts from the sale and use of farm machinery, farm attachment units, and irrigation equipment and to exempt the gross receipts from the sale of farm machinery, farm attachment units, and irrigation equipment from sales and use tax.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 24:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the authority of the Public Utilities Commission with regard to AC/DC conversion projects and energy conversion facilities.

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

     SB 37:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding fire safety and regarding the authority of the Department of Public Safety to promulgate rules pertaining to fire safety.

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

     SB 38:   FOR AN ACT ENTITLED, An Act to   increase the annual operation certificate fee for certain boilers.

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

     SB 41:   FOR AN ACT ENTITLED, An Act to   revise and update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

     SB 44:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding waiting periods for the filing of insurance rates.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1048:   FOR AN ACT ENTITLED, An Act to   revise the reporting and remittance requirements for certain state taxes and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1048 pass as amended?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Putnam; Valandra; Van Norman

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

     HB 1063:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions concerning the authority of certain courts to issue warrants or summonses on indictment.

     Was read the second time.

     The question being “Shall HB 1063 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Putnam; Valandra; Van Norman

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

     HB 1050:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the taxation of motor fuel and the refunding of motor fuel taxes.

     Was read the second time.

     The question being “Shall HB 1050 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Putnam; Valandra; Van Norman

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

     HB 1052:   FOR AN ACT ENTITLED, An Act to   update the reference to certain federal regulations regarding financial assistance to persons displaced by highway acquisition.

     Was read the second time.

     The question being “Shall HB 1052 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Putnam; Valandra; Van Norman

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

     HB 1053:   FOR AN ACT ENTITLED, An Act to   codify legislation enacted in 2005.

     Was read the second time.

     The question being “Shall HB 1053 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     Excused:
Valandra; Van Norman

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


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1018:   FOR AN ACT ENTITLED, An Act to   delay the change in calculating the amount eligible for distribution from the Health Care Trust Fund and the Education Enhancement Trust Fund and to declare an emergency.

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

     The question being “Shall HB 1018 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Valandra

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

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

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

1043ja

     Rep. O'Brien moved that HB 1043 be amended as follows:

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

"
     Section 1. That § 58-15-52 be amended to read as follows:

     58-15-52.   Sections The provisions of § §  58-15-45 to 58-15-51, inclusive, shall do not apply to group life insurance, health insurance, reinsurance, or annuities , or to any provision in a life insurance policy or contract supplemental thereto relating to health benefits or to additional benefits in the event of death by accidental means . The provisions of § §  58-15-46 to 58-15-51, inclusive, do not apply to group life or to any provision in a life insurance policy or contract supplemental thereto relating to health benefits or to additional benefits in the event of death by accidental means. However, the provisions of §  58-15-45 apply to group life insurance and to any provision in a life insurance policy or contract supplemental thereto relating to health benefits or to additional benefits in the event of death by accidental means. "


     Which motion prevailed.

     The question being “Shall HB 1043 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Valandra

     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 1008:   FOR AN ACT ENTITLED, An Act to   permit the immediate reclassification of nonagricultural acreage property under certain circumstances.

     Was read the second time.

     The question being “Shall HB 1008 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Valandra

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

     HB 1005:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to cancelled livestock brands.

     Was read the second time.

     The question being “Shall HB 1005 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; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Valandra

     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 1064:   FOR AN ACT ENTITLED, An Act to   increase the penalty for subsequent convictions for the crime of stalking.

     Was read the second time.

     The question being “Shall HB 1064 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     Excused:
Putnam; Valandra

     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 1016:   FOR AN ACT ENTITLED, An Act to   provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

     Was read the second time.

     The question being “Shall HB 1016 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     Excused:
Putnam; Valandra

     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. Pederson moved that the House do now adjourn, which motion prevailed and at 2:59 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

JOINT MEMORIAL SERVICE

    Pursuant to the report of the Joint-Select Committee as found on page 42 of the House Journal, the House of Representatives and the Senate met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of ten former members of the South Dakota Legislature, namely: the Honorable Barney A. Boos, the Honorable Donald C. Carlson, the Honorable Doris J. Kumm, the Honorable Donald C. Peterson, the Honorable Henry A. Poppen, the Honorable Eleanor G. Saukerson, the Honorable William "Bill" Schroeder, the Honorable Floyd F. "Bill" Snyder, Jr., the Honorable Mary P. Vanderlinde; and the Honorable John T. Vucurevich; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self- government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-first Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

    BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Eighty-first Session of the Legislature of the State of South Dakota, now assembled this 19th day of January, 2006, at Pierre, South Dakota.