House Journal 01/24/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 24, 2006

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

The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House page Leigha Veurink.

Roll Call: All members present except Reps. McLaughlin and Rave who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the ninth 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.

HONORED GUESTS

Rep. Michels introduced the Honorable Stephanie Herseth, United States Representative from South Dakota, who spoke briefly.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1083 and 1085 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1045 and returns the same with the recommendation that said bill be amended as follows:

On page 14 of the printed bill, delete lines 21 to 24 , inclusive.

On page 15 , delete line 1 .

On page 7, line 12 of the printed bill, delete " may include " and insert "are limited to".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1070 and returns the same without recommendation.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1123 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1069 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 Taxation respectfully reports that it has had under consideration HB 1076 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1056 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, after " deed " insert " , affidavit terminating joint tenancy or life estate interests, ".

On page 1 , line 6, after " gas " insert " , ".

On page 2 , line 1, remove the overstrikes from " ~~dated after July 1, 1988,~~ " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill be amended as follows:

On page 5, line 16 of the printed bill, delete " or collection " and insert " , collection, hookup, or termination ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1121 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, after " notify " insert " , by registered or certified mail, ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1133 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas Hennies, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1047 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 1, 56, 58, 59, 60, 62, 63, 68, and 71 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Wick moved that HB 1122 be referred from the Committee on Taxation to the Committee on Transportation.

Which motion prevailed.

Rep. Wick moved that HB 1164 be referred from the Committee on Taxation to the Committee on Transportation.

Which motion prevailed.

HCR 1002 Introduced by: Representatives Michels and Hunhoff and Senator Moore

A CONCURRENT RESOLUTION, Endorsing the American Kennel Club's Canine Good Citizen Program and supporting its efforts to promote responsible dog ownership in the state of South Dakota.

WHEREAS, dogs play an important role in the lives of many South Dakota citizens by serving as companions, working dogs, therapy dogs, and assistance dogs; and

WHEREAS, responsible dog ownership is encouraged in South Dakota and responsible owners should properly control and provide adequate training for their dogs; and

WHEREAS, Canine Good Citizen Programs teach pet owners that dogs should exhibit "good citizen" behaviors in the presence of other people and animals, both at home and within the community; and

WHEREAS, Canine Good Citizen Programs identify and officially recognize those dogs who behave as members in good standing within the community, and there is a real need in our communities for dogs to behave in that way:

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 encourages dog training programs and supports the efforts of kennel clubs to provide training and education to pet owners that result in dogs being identified by the American Kennel Club as Canine Good Citizens.

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

HCR 1001: 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.

Rep. Garnos moved that HCR 1001 as found on page 176 of the House Journal be adopted.

The question being on Rep. Garnos' motion that HCR 1001 be adopted.

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; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
McLaughlin; Rave

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1059 as found on page 172 of the House Journal ; also

Judiciary on HB 1118 as found on page 173 of the House Journal ; also

Transportation on HB 1084 as found on page 174 of the House Journal ; also

State Affairs on HB 1054 as found on pages 174 and 175 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1208 Introduced by: Representatives Valandra, Bradford, and Van Norman and Senator Two Bulls

FOR AN ACT ENTITLED, An Act to require that certain persons convicted of drug and alcohol felonies be incarcerated in the county jail.

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

HB 1209 Introduced by: Representatives Cutler, Bradford, Brunner, Buckingham, Dykstra, Gassman, Haley, Haverly, Hennies, Hills, Hunt, Jensen, Klaudt, Kraus, McCoy, Murschel, Rausch, Roberts, Schafer, Sigdestad, Street, Turbiville, Van Etten, and Willadsen and Senators Dempster, Abdallah, Bogue, Duenwald, Earley, Gray, Greenfield, Hanson (Gary), Knudson, Moore, Napoli, Nesselhuf, Olson (Ed), Sutton (Dan), and Sutton (Duane)

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding payday loans.

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

HB 1210 Introduced by: Representative O'Brien and Senators Knudson and Bogue

FOR AN ACT ENTITLED, An Act to adopt the revised Uniform Arbitration Act and to repeal certain provisions regarding arbitration.

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

HB 1211 Introduced by: Representatives Jensen, Brunner, McCoy, Nelson, and Rausch and Senator Koskan

FOR AN ACT ENTITLED, An Act to revise the formula for using certain real property sales to assess other real property.

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

HB 1212 Introduced by: Representative Jensen

FOR AN ACT ENTITLED, An Act to revise certain provisions related to limited big game hunting licenses for landowners.

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

HB 1213 Introduced by: Representatives Dennert, Gillespie, Haley, Halverson, Hargens, Rausch, Tidemann, and Wick and Senator Hundstad

FOR AN ACT ENTITLED, An Act to provide for the compensation of school districts that experience significant gains in enrollment from one year to the next.

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

HB 1214 Introduced by: Representatives Dennert, Rausch, and Tidemann and Senator Bartling

FOR AN ACT ENTITLED, An Act to create a school holiday on the Tuesday after Labor Day.

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

HB 1215 Introduced by: Representatives Hunt, Brunner, Deadrick, Dykstra, Gillespie, Glenski, Haverly, Heineman, Howie, Hunhoff, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Michels, Miles, Nelson, Novstrup, Pederson (Gordon), Rausch, Rhoden, Tornow, Turbiville, Van Etten, Weems, Wick, and Willadsen and Senators Bartling, Abdallah, Earley, Kelly, Kloucek, Koskan, McNenny, Moore, Napoli, and Schoenbeck

FOR AN ACT ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

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

HB 1216 Introduced by: Representatives Hunt, Brunner, Deadrick, Dykstra, Heineman, Howie, Hunhoff, Jerke, Kraus, Lange, Miles, Turbiville, Van Etten, and Willadsen and Senators Greenfield, Duenwald, and McNenny

FOR AN ACT ENTITLED, An Act to define the applicable standard of care in regard to screening of risk factors for all abortions except in the case of a medical emergency, to provide civil remedies, and to exempt medical emergencies from the requirements of this Act.

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

HB 1217 Introduced by: Representatives Hunt, Brunner, Davis, Deadrick, Dykstra, Glenski, Hackl, Heineman, Howie, Hunhoff, Jensen, Jerke, Koistinen, Kraus, Krebs, Lange, McCoy, Michels, Miles, Novstrup, Olson (Ryan), Peters, Rausch, Rave, Rhoden, Rounds, Tornow, Turbiville, Van Etten, Weems, Wick, and Willadsen and Senators Bartling, Duenwald, Earley, Greenfield, Kelly, Kloucek, Koskan, Lintz, Napoli, and Schoenbeck

FOR AN ACT ENTITLED, An Act to provide for the clarification of sexual abstinence instruction and to condition the acceptance of federal funding contrary to the provisions of this Act.

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

HB 1218 Introduced by: Representatives Murschel, Brunner, Cutler, Elliott, Frost, Hennies, Jensen, Kraus, Novstrup, O'Brien, Rave, and Vehle and Senators Sutton (Dan), Abdallah, Dempster, Gant, Gray, and Kooistra

FOR AN ACT ENTITLED, An Act to establish a task force to study education for divorcing parents and visitation and custody matters.

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

HB 1219 Introduced by: Representatives Vehle, Boomgarden, Brunner, Faehn, Haley, Hennies, Jensen, Miles, Rave, Sebert, Street, Tornow, and Van Etten and Senators Olson (Ed), Abdallah, Broderick, Dempster, Duniphan, McCracken, and Nesselhuf

FOR AN ACT ENTITLED, An Act to revise the advice that a law enforcement officer must give any person arrested for driving under influence.

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

HB 1220 Introduced by: Representatives Garnos and Jensen and Senator Koskan

FOR AN ACT ENTITLED, An Act to temporarily allow contractual agreements between certain school districts and to declare an emergency.

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

HB 1221 Introduced by: Representatives Heineman, Cutler, McLaughlin, and Wick and Senator Smidt

FOR AN ACT ENTITLED, An Act to enhance math, science, and technology education.

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

HB 1222 Introduced by: Representatives Heineman, Brunner, Buckingham, Davis, Dykstra, Elliott, Hennies, Hills, Hunt, Jensen, Jerke, Klaudt, Kraus, Krebs, Lange, McCoy, Michels, Miles, Rhoden, Schafer, Sebert, Tidemann, Tornow, Turbiville, Weems, and Willadsen and Senators Schoenbeck, Duenwald, Greenfield, Hansen (Tom), Koskan, Lintz, and McNenny

FOR AN ACT ENTITLED, An Act to require regental institutions to annually report to the Legislature regarding intellectual diversity.

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

HB 1223 Introduced by: Representatives Heineman and McLaughlin

FOR AN ACT ENTITLED, An Act to create an innovative grant program to enhance student completion of the advanced and distinguished high school programs.

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

HB 1224 Introduced by: The Committee on Commerce at the request of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prior approval of premium rates for certain health benefit plans.

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

HB 1225 Introduced by: The Committee on Government Operations and Audit

FOR AN ACT ENTITLED, An Act to rename the office and the title of the head of the Old Age and Survivors Insurance Division in the Office of the State Auditor and specify the position's duties.

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

HB 1226 Introduced by: The Committee on Taxation at the request of the Governor

FOR AN ACT ENTITLED, An Act to expand the tax refund for agricultural processing facilities to include expansions to existing facilities and to revise the time period in which an application must be submitted.

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

HB 1227 Introduced by: The Committee on Taxation at the request of the Governor

FOR AN ACT ENTITLED, An Act to provide a property tax exemption for coal-fired power plants upgrading pollution control equipment.

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

HB 1228 Introduced by: Representative Novstrup and Senator Sutton (Duane)

FOR AN ACT ENTITLED, An Act to adjust the period of time requiring the use of lighted front and real lamps on motor vehicles.

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

HB 1229 Introduced by: Representatives Novstrup, Cutler, Dennert, Elliott, Jensen, McLaughlin, and Weems and Senators Gray and Greenfield

FOR AN ACT ENTITLED, An Act to revise the classification of certain real property used for residential purposes.

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

HB 1230 Introduced by: Representatives Van Norman, Bradford, and Valandra and Senator Two Bulls

FOR AN ACT ENTITLED, An Act to provide for improvements in the implementation of the Indian Child Welfare Act.

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

HB 1231 Introduced by: Representatives Van Norman, Bradford, Elliott, Gassman, Glover, Kroger, Lange, Roberts, Sigdestad, Street, and Thompson and Senator Bartling

FOR AN ACT ENTITLED, An Act to require certain corrections statistics related to race to be collected and maintained.

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

HB 1232 Introduced by: Representatives Roberts, Bradford, Dennert, Elliott, Gassman, Glenski, Glover, Haley, Halverson, Lange, Miles, Sigdestad, Street, Thompson, and Van Norman and Senators Koetzle, Bartling, Hanson (Gary), Hundstad, Nesselhuf, and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the freeze on property assessments for disabled and senior citizens.

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

HB 1233 Introduced by: Representatives Bradford, Elliott, Gassman, Glover, Haley, Kroger, Lange, Sigdestad, and Van Norman and Senator Bartling

FOR AN ACT ENTITLED, An Act to restrict where certain alcoholic beverage licenses may be located.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 1: FOR AN ACT ENTITLED, An Act to provide for the mandatory withdrawal of blood or other bodily substances subsequent to arrest for driving while under influence.

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

SB 56: FOR AN ACT ENTITLED, An Act to authorize the railroad authority to acquire certain railroad facilities and to declare an emergency.

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

SB 58: FOR AN ACT ENTITLED, An Act to define gamma hydroxyl butyrate as a controlled substance.

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

SB 59: FOR AN ACT ENTITLED, An Act to provide for the use of chemist's affidavits in certain parole, probation, and contested case proceedings.

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

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the licensure of polygraph examiners.

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

SB 62: FOR AN ACT ENTITLED, An Act to revise certain reclamation surety requirements regarding uranium exploration and to authorize the Board of Minerals and Environment to adopt rules for the construction, operation, monitoring, and closure of uranium and other in situ leach mines.

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

SB 63: FOR AN ACT ENTITLED, An Act to include officers of the Immigration and Customs Enforcement Office of Investigations in the definition of federal law enforcement officer.

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

SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of trusts and estates.

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

SB 71: FOR AN ACT ENTITLED, An Act to revise the voting requirements for certain actions taken by the board of adjustment.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the certification of an optometrist from another state and to increase the fee for a certificate of registration.

Was read the second time.

Rep. Klaudt requested that HB 1036 be removed from the Consent Calendar.

Which request was granted.

HB 1127: FOR AN ACT ENTITLED, An Act to authorize the Gaming Commission to fund gambling addiction treatment programs.

Was read the second time.

The question being “Shall HB 1127 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McLaughlin; Rave

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

There being no objection, the House proceeded to Order of Business No. 14.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

The question being “Shall SB 27 pass?”

And the roll being called:

Yeas 61, Nays 7, Excused 2, Absent 0

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

Nays:
Buckingham; Hanks; Hennies; Howie; O'Brien; Peters; Tidemann

Excused:
McLaughlin; Rave

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.

There being no objection, the House reverted to Order of Business No. 13.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1074: FOR AN ACT ENTITLED, An Act to provide for recognition of certain stalking or physical violence protection orders as foreign domestic violence orders.

Was read the second time.

The question being “Shall HB 1074 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McLaughlin; Rave

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

HB 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposition of confiscated weapons and firearms.

Was read the second time.

The question being “Shall HB 1075 pass?”

And the roll being called:

Yeas 66, Nays 2, 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; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Tornow

Excused:
McLaughlin; Rave

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

HB 1011: FOR AN ACT ENTITLED, An Act to increase the funds that may be expended to construct a student wellness center at South Dakota State University.

Was read the second time.

The question being “Shall HB 1011 pass?”

And the roll being called:

Yeas 66, Nays 2, 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; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; McCoy; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hargens; Koistinen

Excused:
McLaughlin; Rave

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 1014: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to remodel certain locker room facilities and to renovate spectator, concession, press, and coaching facilities at the O'Harra Stadium at the South Dakota School of Mines and Technology and to make an appropriation therefor.

Was read the second time.

The question being “Shall HB 1014 pass?”

And the roll being called:

Yeas 67, Nays 1, 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; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hargens

Excused:
McLaughlin; Rave

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 1022: FOR AN ACT ENTITLED, An Act to revise the disposition of funds received for charges for board and room for work release inmates.

Was read the second time.

The question being “Shall HB 1022 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McLaughlin; Rave

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

HB 1039: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the disposition of funds collected on local exchange service lines, cellular telephones, and radio pager devices.

Was read the second time.

The question being “Shall HB 1039 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McLaughlin; Rave

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 1012: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct an advanced materials processing and joining laboratory foundry addition to the Metallurgy Foundry Building at the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1012 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McLaughlin; Rave

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 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire an equestrian facility for South Dakota State University and to declare an emergency.

Was read the second time.

Rep. Buckingham moved that HB 1015 be deferred to Thursday, January 26^th, the 12th legislative day.

Which motion prevailed.

HB 1072: FOR AN ACT ENTITLED, An Act to direct the Department of Social Services to establish the South Dakota long-term care partnership program.

Was read the second time.

The question being “Shall HB 1072 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
McLaughlin; Rave

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

HB 1094: FOR AN ACT ENTITLED, An Act to clarify a custodian's access to certain sealed records.

Was read the second time.

The question being “Shall HB 1094 pass?”

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

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

Nays:
Bradford; Glenski; Van Norman

Excused:
McLaughlin; Rave

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

HB 1095: FOR AN ACT ENTITLED, An Act to clarify the elements of the crime of impersonating another.

Was read the second time.

The question being “Shall HB 1095 pass?”

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Nays:
Van Norman

Excused:
McLaughlin; Rave

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

Rep. Rhoden moved that HB 1139 and 1080 be deferred to Wednesday, January 25^th, the 11^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1047 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain sales and use tax provisions related to products and substances associated with the application of pesticides and to clarify the definition of pesticides.

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

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:48 p.m. the House adjourned.

Karen Gerdes, Chief Clerk