JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION  



NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 23, 2006

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Roderic Van Dusseldorp.

     Roll Call: All members present except Rep. Bradford 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 eighth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Matthew Michels, Chair

     Which motion prevailed.
    The oath of office was administered by Speaker Michels to the following named pages:

    Abbi Davelaar, Jaleesa Hageman, Brittany Hooker, Allison LaFave, Daniel Meyer, John Michels, Paul Rann, Emily Tschetter, Roderic Van Dusseldorp, Leigha Veurink, Stephanie Whitlock, Jennifer Wynia

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1072 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1059 and returns the same with the recommendation that said bill be amended as follows:

1059ja
     On page 1, line 10 of the printed bill, delete everything after " report. " and insert "A notice of the report shall be sent, by certified mail, to any parent who is not the subject of the report at the parent's last known address.".

     On page 1 , line 11, delete " known address. " .

     And that as so amended said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 27 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
J.E. “Jim” Putnam, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1094 and 1095 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1118 and returns the same with the recommendation that said bill be amended as follows:

1118ra
     On page 3, line 1 of the printed bill, delete " Any of the following constitutes an inherent " .

     On page 3 , line 2, delete " risk of death or serious bodily injury to any third person. " .

1118re
     On page 3 of the printed bill, delete line 6 .

     On page 3 , line 7, delete " (3) " and insert "(2)".

     On page 3 , line 8, delete " (4) " and insert "(3)".

     On page 3 , line 10, delete " (5) " and insert "(4)".

1118rd
     On page 3, line 12 of the printed bill, delete " Class 5 " and insert "Class 6".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1117 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1139 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 HB 1084 and returns the same with the recommendation that said bill be amended as follows:

1084fa
     On page 1, line 10 of the printed bill, after the period, insert "This section does not affect service vehicles of any electric utility or gas utility as defined in §  49-34A-1 while in the line of duty for the utility.".

     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  1080 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  1127 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 1054 and returns the same with the recommendation that said bill be amended as follows:

1054oa
     On page 2, line 8 of the printed bill, overstrike " and " and insert " ; ".

     On page 2 , delete lines 9 and 10 , and insert:

" no lottery prize is in excess of thirty thousand dollars in value. However, a

             (5A)    The actual value of any lottery prize is stated before any chances for the lottery are sold. A lottery prize of thirty thousand dollars or less a stated amount of dollars in value may also be given to a".

1054ota
     On page 1, line 1 of the printed bill, delete " provide for " and insert "revise certain provisions regarding".

     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 HB  1126 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 15, 28, 39, 40, 43, 45, 46, 47, 48, and 55 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

HONORED GUESTS


     Rep. Van Etten introduced Robert Cook of Rapid City as a 2005 Milken Educator.

     Rep. Roberts introduced Barbara Dowling of Sioux Falls as South Dakota's 2006 Teacher of the Year.

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that HB 1143 be referred from the Committee on State Affairs to the Committee on Appropriations.

     Which motion prevailed.


     HCR 1001   Introduced by:  Representatives Garnos, Boomgarden, Bradford, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Gassman, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Klaudt, Koistinen, Kroger, Lange, McLaughlin, Miles, Murschel, Nelson, Novstrup, Olson (Ryan), Rave, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Turbiville, Van Etten, Vehle, Weems, Wick, and Willadsen and Senators Schoenbeck, Abdallah, Adelstein, Bartling, Bogue, Broderick, Dempster, Duniphan, Gant, Gray, Greenfield, Hansen (Tom), Hundstad, Kloucek, Koetzle, Kooistra, Koskan, McCracken, McNenny, Moore, Nesselhuf, Olson (Ed), Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls

         A CONCURRENT RESOLUTION,  Supporting and commending the Conservation Reserve Program for its impact on land, water, and wildlife conservation, for increasing business and economic development and restoration, and for providing alternative economic opportunities for South Dakota.

     WHEREAS,  by encouraging farmers to set aside cropland likely to erode, the Conservation Reserve Program has promoted the conservation of water and land and reduced the use of pollutants; and

     WHEREAS,  the Conservation Reserve Program has positively affected wildlife in South Dakota by preserving their habitat and increasing their numbers, while providing public hunting opportunities with the South Dakota Walk-In Area Program; and

     WHEREAS,  the Conservation Reserve Program has increased business opportunities through hunting, fishing, and agritourism; and

     WHEREAS,  alternative opportunities that may potentially result from the Conservation Reserve Program, such as carbon sequestration, have been introduced; and

     WHEREAS,  the Conservation Reserve Program has enhanced the agricultural economy by restoring land and helping to raise commodity prices:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- first Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature recognizes and supports the contributions of the Conservation Reserve Program, including the preservation of land, water, and wildlife and its development of the economy and business opportunity of South Dakota, and urges that the Conservation Reserve Program be continued in its tradition of excellence for the overall good of our state.

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

     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.

     Rep. Thompson moved that SCR 1 as found on pages 57 and 58 of the Senate Journal be concurred in.


     The question being on Rep. Thompson's motion that SCR 1 be concurred in.

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent 0

     Yeas:
Boomgarden; Cutler; Dennert; Elliott; Faehn; Fryslie; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hennies; Hills; Hunhoff; Hunt; Jerke; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman; Vehle; Speaker Michels

     Nays:
Brunner; Buckingham; Davis; Deadrick; Dykstra; Frost; Garnos; Hackl; Hanks; Haverly; Heineman; Howie; Jensen; Klaudt; Koistinen; Kraus; Krebs; Novstrup; Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen

     Excused:
Bradford; Putnam

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Health and Human Services on HB 1039 as found on page 160 of the House Journal ; also

     Health and Human Services on HB 1036 as found on pages 160 and 161 of the House Journal ; also

     Appropriations on HB 1012 as found on page 161 of the House Journal ; also

     Appropriations on HB 1015 as found on page 162 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1170   Introduced by:  Representatives Faehn, Halverson, Hennies, Krebs, McLaughlin, Michels, Murschel, O'Brien, Sebert, and Willadsen and Senators Kelly, Broderick, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the voting requirements of the board of adjustment.

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

     HB 1171   Introduced by:  Representatives Kraus, Cutler, Gillespie, Hennies, Rave, Roberts, and Tornow and Senators Kooistra and Knudson

       FOR AN ACT ENTITLED, An Act to   permit the court to award attorneys' fees in certain custody and visitation cases.

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

     HB 1172   Introduced by:  Representatives Howie, Brunner, Davis, Gassman, Halverson, Jensen, Jerke, Nelson, Rhoden, Sigdestad, and Vehle and Senators Lintz, Bogue, and Napoli

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the allocation of nonresident big game hunting licenses.

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

     HB 1173   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, 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, Abdallah, Bogue, Duniphan, Gray, Hansen (Tom), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Lintz, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Schoenbeck, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   limit the authority of the state agencies to promulgate rules restricting the application of permits to carry a concealed pistol.

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


     HB 1174   Introduced by:  Representatives Hanks and McCoy and Senators Adelstein, Duniphan, and McCracken

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning business improvement districts.

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

     HB 1175   Introduced by:  Representatives McLaughlin, Elliott, Frost, Hanks, Hennies, Hills, McCoy, Roberts, Schafer, Thompson, and Van Etten and Senators Adelstein, Dempster, Gant, Gray, Hundstad, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   increase the school term and to compensate school districts for the increase.

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

     HB 1176   Introduced by:  Representatives McLaughlin, Buckingham, Cutler, Dykstra, Faehn, Frost, Hanks, Haverly, Heineman, Hennies, Hills, Kraus, McCoy, Murschel, Roberts, Thompson, Tornow, Van Etten, Weems, and Wick and Senators Adelstein, Kelly, and McCracken

       FOR AN ACT ENTITLED, An Act to   prohibit certain school districts that operate small high schools from receiving state aid to education.

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

     HB 1177   Introduced by:  Representatives Peters, Dennert, Dykstra, Gillespie, Glenski, Hackl, Hargens, Haverly, Hennies, Klaudt, Kroger, Rounds, Tidemann, Van Etten, and Willadsen and Senators Earley, Apa, Bartling, Greenfield, Hanson (Gary), Kelly, Koskan, Napoli, Schoenbeck, Smidt, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   limit the amount in the Employer's Investment in South Dakota's Future Fund.

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

     HB 1178   Introduced by:  Representatives Elliott, Frost, and Novstrup and Senators Koetzle, Hundstad, Napoli, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   provide for the establishment of certain honorary trusts and of certain trusts for animals.

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


     HB 1179   Introduced by:  Representatives Glenski, Dennert, Gassman, Gillespie, Haley, Halverson, Hanks, Hargens, Hennies, Kraus, Kroger, Lange, McCoy, Miles, Sigdestad, Street, Thompson, Tidemann, Van Etten, and Willadsen and Senators Hanson (Gary), Abdallah, Adelstein, Kloucek, Koetzle, Napoli, and Smidt

       FOR AN ACT ENTITLED, An Act to   regulate certain consumer small loans and payday loans.

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

     HB 1180   Introduced by:  Representatives O'Brien, Cutler, Garnos, Haley, Hunhoff, Jensen, Murschel, Nelson, Roberts, and Tidemann and Senators Duenwald, Abdallah, Dempster, Hansen (Tom), Knudson, Olson (Ed), Smidt, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   prohibit certain acts of child neglect, abuse, and endangerment and to provide penalties therefor.

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

     HB 1181   Introduced by:  Representatives Jerke, Boomgarden, Davis, Deadrick, Dykstra, Fryslie, Hennies, Hunhoff, Jensen, Koistinen, Kraus, Putnam, and Rave and Senators Koskan, Abdallah, and Broderick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding humane societies.

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

     HB 1182   Introduced by:  Representatives Jerke, Boomgarden, Brunner, Davis, Deadrick, Dykstra, Fryslie, Glover, Hackl, Hills, Howie, Hunhoff, Jensen, Koistinen, Nelson, Novstrup, Olson (Ryan), Pederson (Gordon), Putnam, Rausch, Rhoden, Rounds, Tidemann, Tornow, and Vehle and Senators Lintz, Bartling, Duenwald, Hansen (Tom), Koskan, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   allow school districts to expend from the capital outlay fund for some of their mileage reimbursement costs.

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

     HB 1183   Introduced by:  Representatives Thompson, Dennert, Elliott, Halverson, Roberts, and Street and Senators Two Bulls, Adelstein, Hanson (Gary), Nesselhuf, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   provide health insurance coverage for contraceptive drugs and devices.


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

     HB 1184   Introduced by:  Representative Van Etten and Senator Greenfield

       FOR AN ACT ENTITLED, An Act to   provide that health care providers and institutions need not participate in certain health care services.

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

     HB 1185   Introduced by:  Representative Rave and Senator Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding directed trusts to include custodial accounts.

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

     HB 1186   Introduced by:  Representatives Murschel, Elliott, Hunt, Jensen, Michels, and Rave and Senators Gray, Abdallah, Dempster, Gant, Kooistra, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide a procedure for implementing the standard visitation guidelines.

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

     HB 1187   Introduced by:  Representatives Murschel, Brunner, Dykstra, Hargens, Haverly, Jerke, Krebs, Kroger, McLaughlin, O'Brien, Roberts, Schafer, and Tidemann and Senators Dempster, Hansen (Tom), Knudson, Koetzle, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   establish a wine direct shipper permit and to provide for certain direct shipments of wine.

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

     HB 1188   Introduced by:  Representative Cutler and Senator Knudson

       FOR AN ACT ENTITLED, An Act to   revise certain insurance liquidity provisions for private placement policies.

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

     HB 1189   Introduced by:  Representatives Roberts, Cutler, Gillespie, Haley, Halverson, Murschel, Street, and Thompson and Senators Kelly, Adelstein, Dempster, and Koetzle

       FOR AN ACT ENTITLED, An Act to   exempt the value of motor vehicles donated to certain nonprofit corporations from federal and state taxes.

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

     HB 1190   Introduced by:  Representatives Hennies, Cutler, Elliott, Frost, Gassman, Hanks, Jerke, Krebs, Kroger, Lange, McLaughlin, Murschel, Novstrup, O'Brien, Rave, Rhoden, Rounds, Sigdestad, and Van Etten and Senators Abdallah, Bartling, Broderick, Duniphan, Earley, Gray, Hansen (Tom), Kelly, Kloucek, Knudson, Koetzle, McCracken, Nesselhuf, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   specifically exclude ridden animals and bicycles from the definition of vehicles.

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

     HB 1191   Introduced by:  Representatives Rounds, Dennert, and Olson (Ryan) and Senators Napoli and Adelstein

       FOR AN ACT ENTITLED, An Act to   authorize the issuance of lifetime hunting and fishing licenses.

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

     HB 1192   Introduced by:  Representatives Rounds, Elliott, Frost, Garnos, Hills, Hunhoff, Michels, Novstrup, Olson (Ryan), Tidemann, and Turbiville and Senators Gray and Moore

       FOR AN ACT ENTITLED, An Act to   provide for state employee compensation for certain disaster recovery work.

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

     HB 1193   Introduced by:  Representatives Olson (Ryan), Buckingham, Heineman, McLaughlin, Thompson, and Weems and Senators Gray, Dempster, and McNenny

       FOR AN ACT ENTITLED, An Act to   limit certain cooperative arrangements among school districts.

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


     HB 1194   Introduced by:  Representatives Weems, Brunner, Davis, Deadrick, Dykstra, Faehn, Frost, Fryslie, Gassman, Gillespie, Glenski, Hargens, Heineman, Howie, Hunt, Jensen, Jerke, Klaudt, Kraus, Krebs, Lange, McCoy, Miles, Novstrup, Olson (Ryan), Pederson (Gordon), Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Tornow, Van Etten, Wick, and Willadsen and Senators Greenfield, Abdallah, Apa, Bartling, Bogue, Broderick, Duenwald, Earley, Gray, Hansen (Tom), Hanson (Gary), Kelly, Kloucek, Koskan, Lintz, McNenny, Moore, Napoli, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   prohibit the distribution of contraceptives to public school students, to prohibit public school employees from referring public school students to abortion or family planning services, and to provide penalties therefor.

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

     HB 1195   Introduced by:  Representatives Wick, Brunner, Cutler, Elliott, Howie, Hunt, Kraus, McLaughlin, Novstrup, Rave, Rhoden, Roberts, Van Etten, and Weems and Senators Knudson, Duenwald, Koskan, and Smidt

       FOR AN ACT ENTITLED, An Act to   reduce state government reliance on video lottery proceeds and to revise the distribution of video lottery proceeds.

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

     HB 1196   Introduced by:  Representatives Kroger, Dennert, Elliott, Fryslie, Gassman, Gillespie, Glover, Haley, Halverson, Hargens, Hennies, Howie, Krebs, Lange, Miles, O'Brien, Roberts, Sigdestad, Street, Thompson, and Tornow and Senators Koetzle, Bartling, Broderick, Hanson (Gary), Kelly, Kloucek, Kooistra, Moore, Nesselhuf, Olson (Ed), Sutton (Dan), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   require certain new construction of structures to comply with the building code.

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

     HB 1197   Introduced by:  Representatives Kroger, Bradford, Dennert, Elliott, Fryslie, Gassman, Gillespie, Glover, Haley, Halverson, Hargens, Hennies, Howie, Lange, Miles, O'Brien, Roberts, Sigdestad, Street, and Thompson and Senators Koetzle, Bartling, Gray, Hanson (Gary), Hundstad, Kloucek, Kooistra, Moore, Nesselhuf, Sutton (Dan), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reduction of unemployment benefits.

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

     HB 1198   Introduced by:  Representatives Howie, Hunt, Jerke, Kraus, McCoy, and Van Etten and Senators Greenfield, Duenwald, and McNenny

       FOR AN ACT ENTITLED, An Act to   require inspections of certain facilities by the Department of Health.

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

     HB 1199   Introduced by:  Representatives Gillespie, Buckingham, and Hennies and Senators Koskan, Abdallah, Broderick, Moore, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   prohibit the release of information concerning the applicants and holders of permits to carry a concealed pistol.

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

     HB 1200   Introduced by:  Representatives Lange, Bradford, Dennert, Glover, Haley, Jensen, McCoy, Miles, Thompson, and Van Norman and Senators Kooistra, Kloucek, Napoli, and Two Bulls

       FOR AN ACT ENTITLED, An Act to   revise the bank franchise tax.

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

     HB 1201   Introduced by:  Representatives Gillespie and Dykstra and Senator Broderick

       FOR AN ACT ENTITLED, An Act to   establish certain requirements regarding the acquisition of real property by eminent domain.

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

     HB 1202   Introduced by:  Representatives Schafer, Brunner, Heineman, Kraus, McCoy, Miles, Rausch, Rave, Roberts, Van Etten, Weems, and Wick and Senators Greenfield, Napoli, Smidt, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to sexually transmitted diseases.

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

     HB 1203   Introduced by:  Representative Gillespie and Senator Bogue

       FOR AN ACT ENTITLED, An Act to   define marital and nonmarital property for the purposes of the division of property between parties at divorce.

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

     HB 1204   Introduced by:  Representatives Deadrick, Brunner, Cutler, Davis, Dykstra, Elliott, Frost, Fryslie, Garnos, Glover, Hackl, Haley, Halverson, Hargens, Hennies, Howie, Hunhoff, Jensen, Jerke, Klaudt, Koistinen, Lange, McCoy, Michels, Miles, Nelson, Novstrup, Pederson (Gordon), Putnam, Rave, Rounds, Schafer, Sebert, Sigdestad, Street, Turbiville, and Vehle and Senators Sutton (Duane), Bogue, Greenfield, Hansen (Tom), Hundstad, Kooistra, Moore, Olson (Ed), Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   exempt certain persons from jury duty because of religious beliefs.

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

     HB 1205   Introduced by:  Representatives Deadrick, Cutler, Gillespie, Haley, Michels, and O'Brien and Senators Gray, Bogue, Knudson, Koetzle, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   provide for an exemption to the records search fee for attorneys of record.

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

     HB 1206   Introduced by:  Representatives Garnos, Bradford, Hennies, Hills, and Turbiville and Senators Adelstein, Dempster, and Lintz

       FOR AN ACT ENTITLED, An Act to   provide contractors' excise, sales, and use tax refunds for the filming of certain movies and television shows.

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

     HB 1207   Introduced by:  Representatives Garnos, Glover, Hackl, Halverson, Jensen, Koistinen, and Wick and Senators Koskan and Hundstad

       FOR AN ACT ENTITLED, An Act to   create a rebate program for installation of corn stove heating systems and to make an appropriation therefor.

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

     HJR 1005   Introduced by:  Representatives Wick, Dennert, Howie, and Weems and Senators McNenny, Apa, Earley, and Schoenbeck

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota, relating to revenue and expenditure limits for the State of South Dakota.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 15:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning trademark registration.

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

     SB 28:   FOR AN ACT ENTITLED, An Act to   revise and correct certain provisions related to the criminal code revision of 2005.

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

     SB 39:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding petroleum and motor fuels testing, quality, and labeling.

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

     SB 40:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of weighing and measuring devices and the regulation of service agencies of weighing and measuring devices.

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

     SB 43:   FOR AN ACT ENTITLED, An Act to   update certain provisions for the storage of explosive materials.

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

     SB 45:   FOR AN ACT ENTITLED, An Act to   modify certain requirements for group health coverage for premature births, congenital defects, and birth abnormalities.

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


     SB 46:   FOR AN ACT ENTITLED, An Act to   clarify the taxes for certain life insurance premiums and annuity considerations.

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

     SB 47:   FOR AN ACT ENTITLED, An Act to   allow health maintenance organizations to rate employer sponsored plans without prior approval.

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

     SB 48:   FOR AN ACT ENTITLED, An Act to   clarify certain statutory references regarding the sale of alcoholic beverages.

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

     SB 55:   FOR AN ACT ENTITLED, An Act to   modify the process for state highway road closures due to inclement weather.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1030:   FOR AN ACT ENTITLED, An Act to   permit persons in the armed services and certain family members to acquire a turkey license under certain circumstances.

     Was read the second time.

     The question being “Shall HB 1030 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     HB 1034:   FOR AN ACT ENTITLED, An Act to   revise the definition of anabolic steroid, to schedule certain controlled substances, and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1034 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     HB 1041:   FOR AN ACT ENTITLED, An Act to   allow for denial, suspension, or revocation of emergency medical technician certificates for past gross incompetence and for unprofessional or dishonorable conduct.

     Was read the second time.

     The question being “Shall HB 1041 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


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

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

     Rep. Deadrick moved that HB 1006 be deferred to Wednesday, January 25th, the 11th legislative day.

     Which motion prevailed.

     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.

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

1017ja

     Rep. Schafer moved that HB 1017 be amended as follows:

     On page 1 of the printed bill, delete lines 11 and 12 .

     On page 1 , line 13, delete " (2) " and insert "(1)".

     On page 2 , line 3, delete " (3) " and insert "(2)".

     On page 2 , line 5, delete " (4) " and insert "(3)".
     On page 2 , line 9, delete " (5) " and insert "(4)".

     Which motion prevailed.

     The question being “Shall HB 1017 pass as amended?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     HB 1065:   FOR AN ACT ENTITLED, An Act to   extend immunity to certain directors, trustees, committee members and officers of certain nonprofit corporations and to members of certain advisory boards.

     Was read the second time.

     The question being “Shall HB 1065 pass as amended?”

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

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

     Excused:
Bradford; Fryslie; Hunt; 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 1049:   FOR AN ACT ENTITLED, An Act to   revise the effective dates of certain laws regarding the regulation of motor vehicle license plates.

     Was read the second time.

     The question being “Shall HB 1049 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; 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:
Bradford; Fryslie; 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 1058:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding investigations of the Division of Insurance.

     Was read the second time.

     The question being “Shall HB 1058 pass?”

     And the roll being called:

     Yeas 56, Nays 11, Excused 3, Absent 0

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

     Nays:
Boomgarden; Brunner; Faehn; Hennies; McCoy; McLaughlin; Murschel; Pederson (Gordon); Rounds; Tornow; Speaker Michels

     Excused:
Bradford; 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 1032:   FOR AN ACT ENTITLED, An Act to   clarify that hunting, fishing, and trapping privileges associated with a resident license continue after change of residency.

     Was read the second time.

     The question being “Shall HB 1032 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; 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:
Bradford; 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 1027:   FOR AN ACT ENTITLED, An Act to   change the unemployment insurance wage base and contribution rates and to assess interest on negative employer accounts under certain circumstances.

     Was read the second time.

     The question being “Shall HB 1027 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; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Van Norman

     Excused:
Bradford; 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.

     HB 1009:   FOR AN ACT ENTITLED, An Act to   create additional classifications of agricultural property and to revise certain provisions concerning the taxation of certain agricultural property.

     Was read the second time.

1009fg

     Rep. Rhoden moved that HB 1009 be amended as follows:

     On page 1, line 13 of the House Taxation Committee engrossed bill, after " improvements " insert " . If it is a crop share arrangement, the gross income of both the landlord and the tenant shall be combined and used to meet this criteria ".

     On page 2 , line 20, delete " land " and insert "bare land, excluding any improvements. If it is a crop share arrangement, the gross income of both the landlord and the tenant shall be combined and used to meet this criteria".
     On page 3 , line 9, delete " §  10-6-31.1 " and insert " §  10-6-31.3".

     On page 3 , line 15, delete " §  10-6-31.1(1) " and insert " §  10-6-31.3(1)".

     On page 3 , line 18, delete " §  10-6-31.1(1) " and insert " §  10-6-31.3(1)".

     On page 3 , line 21, delete " §  10-6-31.1 " and insert " §  10-6-31.3".

     Rep. Hennies requested that Joint Rule 5-17 be invoked on HB 1009.

     Which request was supported and HB 1009 with Rep. Rhoden's pending motion to amend was deferred until Wednesday, January 25th, the 11th legislative day.

     HB 1061:   FOR AN ACT ENTITLED, An Act to   provide for certain audits of associations of school boards.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1061 pass as amended?”

     And the roll being called:

     Yeas 45, Nays 23, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Gillespie; Glenski; Glover; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Street; Tidemann; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Cutler; Dennert; Elliott; Fryslie; Gassman; Haley; Halverson; Hargens; Hennies; Jerke; Koistinen; Kroger; Lange; Miles; Nelson; Olson (Ryan); Roberts; Sigdestad; Thompson; Tornow; Turbiville; Valandra; Van Norman

     Excused:
Bradford; 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.

     Rep. Rhoden moved that HB 1074, 1075, 1011, 1014, and 1022 be deferred to Tuesday, January 24th, the 10th legislative day.

     Which motion prevailed.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:03 p.m. the House adjourned.

Karen Gerdes, Chief Clerk