House Journal 01/25/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

ELEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 25, 2006

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

The prayer was offered by the Chaplains, Pastor Brad Urbach and Pastor Greg Kroger, followed by the Pledge of Allegiance led by House page Stephanie Whitlock.

Roll Call: All members present except Rep. Fryslie 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 tenth 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 Health and Human Services respectfully reports that it has had under consideration HB 1035 and 1156 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1130 and 1190 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1107 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 Transportation respectfully reports that it has had under consideration HB 1057 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1073 and 1104 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 1086 and returns the same with the recommendation that said bill be amended as follows:

1086ra

On page 2, line 8 of the printed bill, delete " as defined in § 22-22-1 or " and insert " or incest; or ".

On page 2 , delete lines 9 and 10 .

1086rb

On page 2, line 17 of the printed bill, delete " rape as " and insert "rape or incest.".

On page 2 , delete lines 18 and 19 .

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 1099 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1093 and 1102 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1091 and returns the same with the recommendation that said bill be amended as follows:

1091oa

On page 2 of the printed bill, delete lines 10 and 11 .

On page 2 , line 12, delete " (5) " and insert "(4)".

On page 2 , line 13, delete " (6) " and insert "(5)".

1091ob

On page 4, line 19 of the printed bill, after " new " insert " or modified ".

1091jtb

On page 1, line 3 of the printed bill, after " new " insert "or modified".

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 1140 and returns the same with the recommendation that said bill be amended as follows:

1140ma

On page 2 of the printed bill, delete lines 8 to 18 , inclusive, and insert:

(2) Complete fifteen credit hours of instruction per semester. The student shall enroll in and complete at least fifteen credit hours of instruction in each consecutive spring and fall term. If the executive director of the Board of Regents determines that a student's failure to enroll or to maintain continued enrollment occurred as a direct result of the student's participation in intercollegiate athletics or of legitimate factors outside the student's control, or has resulted from the student's participation in an activity that in the executive director's judgment provides knowledge or experience that will enhance the student's academic pursuits, the executive director may extend the student's eligibility to participate in the program for up to two additional years, if the student does not enroll in a noneligible institution; and".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1145 and returns the same with the recommendation that said bill be amended as follows:

1145zb

On page 1, line 7 of the printed bill, delete " grants or loans " and insert "non-securitized, convertible debt instruments".

1145za

On page 3, after line 5 of the printed bill, insert:

" Section 7. On July first of each fiscal year, or as soon as the balance for the biotechnology incentive fund is determined, the commissioner of the Bureau of Finance and Management shall transfer any amount in excess of twenty million dollars to the health care trust fund.".

1145oa

On page 2 of the printed bill, delete line 24 .

On page 3 , delete line 1 .

On page 3 , line 2, delete everything before " The " .

And that as so amended said bill be referred to the committee on Appropriations.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 19, 22, 26, 29, 31, 33, 34, 57, 66, 67, 69, 77, 90, 97, 109, 112, 118, and 146 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HCR 1002: 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.

Rep. Michels moved that HCR 1002 as found on pages 201 and 202 of the House Journal be adopted.

The question being on Rep. Michels' motion that HCR 1002 be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dennert; Fryslie

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

Speaker Michels now presiding.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on HB 1045 as found on page 198 of the House Journal ; also

Local Government on HB 1068 as found on page 199 of the House Journal ; also

Local Government on HB 1077 as found on page 200 of the House Journal ; also

Local Government on HB 1121 as found on page 200 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

Rep. Peters moved that HB 1070 which was reported out of committee without recommendation be placed on the calendar of Thursday, January 26^th, the 12^th legislative day.

The question being on Rep. Peters' motion that HB 1070 be placed on the calendar of Thursday, January 26^th, the 12^th legislative day.

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dykstra; Elliott; Faehn; 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); Peters; Rausch; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Deadrick; Frost; Pederson (Gordon); Putnam; Rave; Sebert

Excused:
Dennert; Fryslie

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1070 was so placed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1234 Introduced by: The Committee on Education at the request of the Governor

FOR AN ACT ENTITLED, An Act to require all children to attend kindergarten and to establish a minimum length of time for kindergarten programs.

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

HB 1235 Introduced by: The Committee on Education at the request of the Governor

FOR AN ACT ENTITLED, An Act to increase the compulsory attendance age for school attendance.

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

HB 1236 Introduced by: The Committee on Education at the request of the Governor

FOR AN ACT ENTITLED, An Act to create the South Dakota Virtual High School.

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

HB 1237 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons and to revise the income eligibility requirements for property tax and sales tax refunds.

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

HB 1238 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase certain real property for the sole purpose of providing a site for the operation of instructional, research and service programs delivered through institutions established by the Legislature and governed by the Board of Regents, to make an appropriation therefor, and to declare an emergency.

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

HB 1239 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

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

HB 1240 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund, to make an appropriation for low income energy assistance, and to declare an emergency.

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

HB 1241 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to fund sales tax on food refunds.

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

HB 1242 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund to the property tax reduction fund.

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

HB 1243 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.

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

HB 1244 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund, to make an appropriation to construct instructional classrooms, and to declare an emergency.

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

HB 1245 Introduced by: The Committee on State Affairs at the request of the Governor

FOR AN ACT ENTITLED, An Act to provide for an increase in the state minimum wage.

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

HB 1246 Introduced by: The Committee on State Affairs at the request of the Governor

FOR AN ACT ENTITLED, An Act to authorize the state to join an interstate compact for the prevention and control of forest fires.

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

HB 1247 Introduced by: The Committee on State Affairs at the request of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to educational benefits for spouses of members of the South Dakota National Guard.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 19: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2006 regarding appropriations to the Board of Regents.

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

SB 22: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to transfer title to a T-28 experimental aircraft from the South Dakota School of Mines and Technology to the Strategic Air and Space Museum.

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

SB 26: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

SB 29: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the examination of teacher and administrator preparation programs.

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

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the licensing and regulation of technical professions.

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

SB 33: FOR AN ACT ENTITLED, An Act to require each applicant for licensure as a nurse and each licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

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

SB 34: FOR AN ACT ENTITLED, An Act to revise the quorum requirements for the Board of Nursing.

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

SB 57: FOR AN ACT ENTITLED, An Act to revise the definition of deceptive acts and practices and to increase the statute of limitations regarding deceptive trade practices.

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

SB 66: FOR AN ACT ENTITLED, An Act to exempt water distribution system routes from certain restrictions related to the acquisition of property or property rights.

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

SB 67: FOR AN ACT ENTITLED, An Act to revise the amnesty provisions for sellers under the Streamlined Sales and Use Tax Agreement.

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

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to insurable interests and to declare an emergency.

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

SB 77: FOR AN ACT ENTITLED, An Act to extend the time between a municipal candidate election and a secondary election.

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

SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the approval of plats.

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

SB 97: FOR AN ACT ENTITLED, An Act to allow the governing body of taxing districts to automatically refer a property tax opt out to the voters.

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

SB 109: FOR AN ACT ENTITLED, An Act to provide for statewide mutual aid requests among certain public agencies.

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

SB 112: FOR AN ACT ENTITLED, An Act to provide for an order of joint physical care over certain children whose parents exercise joint legal custody.

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

SB 118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the type of personal identification required when voting.

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

SB 146: FOR AN ACT ENTITLED, An Act to update certain statutory references to the South Dakota Firefighters Association, Incorporated.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1069: FOR AN ACT ENTITLED, An Act to establish procedures for the forfeiture of money paid by a purchaser of a tax certificate who fails to pay the subsequent taxes.

Was read the second time.

Rep. Dykstra requested that HB 1069 be removed from the Consent Calendar.

Which request was granted.

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.

1006tb

Rep. Howie moved that HB 1006 be amended as follows:

On page 1, line 8 of the printed bill, delete " pursuant to § 40-18-16 " .

On page 1 , line 11, delete everything after " cattle. " .

On page 1 , line 12, delete everything before " Any " .

On page 2 , line 3, delete " pursuant to § 40-18-16 " .

On page 2 , line 5, delete " The board shall charge a fee pursuant to § 40-18-16. " .

On page 2 , line 8, after " the " insert "issuing of permits and for the".

On page 2 , line 9, delete " the permit " and insert "permits".

On page 2 , line 9, delete " , or " and insert "or".

On page 2 , line 10, after " inclusive. " insert "The permit is an annual permit, and the board may charge a fee not to exceed the per-year brand renewal fee established pursuant to § 40-18-16.".

Which motion prevailed.

The question being “Shall HB 1006 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Dennert; Fryslie

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 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.

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

The question now being on Rep. Rhoden's pending motion to amend HB 1009 as found on pages 193 and 194 of the House Journal.

Which motion prevailed.

The question being “Shall HB 1009 pass as amended?”

And the roll being called:

Yeas 55, Nays 13, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Garnos; Glenski; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sigdestad; Street; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Wick; Willadsen; Speaker Michels

Nays:
Frost; Gassman; Gillespie; Glover; Hanks; Kroger; Miles; Roberts; Sebert; Thompson; Tornow; Van Etten; Weems

Excused:
Dennert; Fryslie

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 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.

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

The question being “Shall HB 1036 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Dennert; Fryslie

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 1139: 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 second time.

The question being “Shall HB 1139 pass?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

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

Nays:
Klaudt; Putnam

Excused:
Dennert; Fryslie

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 1080: FOR AN ACT ENTITLED, An Act to restrict the use of eminent domain under certain circumstances and to protect certain private property rights from acquisition by the use or threat of eminent domain.

Was read the second time.

The question being “Shall HB 1080 pass?”

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Tornow

Excused:
Dennert; Fryslie

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

Speaker Pro tempore Deadrick now presiding.

HB 1059: FOR AN ACT ENTITLED, An Act to provide for notification by the Department of Social Services to the parents of certain determinations of child abuse or neglect.

Was read the second time.

The question being “Shall HB 1059 pass as amended?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Van Norman

Excused:
Dennert; Fryslie

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 1118: 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 second time.

Rep. Rounds moved that HB 1118 be deferred to Monday, January 30^th, the 14^th legislative day.

Which motion prevailed.

HB 1084: FOR AN ACT ENTITLED, An Act to authorize counties to regulate the operation of certain off-road vehicles in highway ditches.

Was read the second time.

1084fb

Rep. Michels moved that HB 1084 be amended as follows:

On page 1, line 11 of the House Transportation Committee engrossed bill, after " 49-34A-1 " insert "or telecommunications company as defined in § 49-31-1".

Which motion prevailed.

The question being “Shall HB 1084 pass as amended?”

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

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

Nays:
Hennies; Klaudt; Rave; Rounds; Tidemann; Weems

Excused:
Dennert; Fryslie

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 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding an increase of the prizes that certain lotteries may award.

Was read the second time.

The question being “Shall HB 1054 pass as amended?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; 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; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Deadrick; Novstrup

Excused:
Dennert; Fryslie

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 1123: FOR AN ACT ENTITLED, An Act to exempt feed for certain game birds from the sales and use tax.

Was read the second time.

The question being “Shall HB 1123 pass?”

And the roll being called:

Yeas 64, Nays 5, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; 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; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Faehn; McLaughlin; Olson (Ryan); Sebert; Thompson

Excused:
Fryslie

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 1056: FOR AN ACT ENTITLED, An Act to permit municipalities to delegate to employees the authority to enter into certain contracts on behalf of the municipality.

Was read the second time.

1056ra

Rep. Hunt moved that HB 1056 be amended as follows:

On page 1, line 6 of the printed bill, remove the overstrikes from " ~~at a duly assembled meeting thereof.~~ " .

Which motion prevailed.

The question being “Shall HB 1056 pass as amended?”

And the roll being called:

Yeas 58, Nays 10, Excused 2, Absent 0

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

Nays:
Buckingham; Dykstra; Haverly; Heineman; Klaudt; Koistinen; Rhoden; Tidemann; Van Norman; Wick

Excused:
Dennert; Fryslie

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.

COMMEMORATIONS

HC 1005 Introduced by: Representatives Schafer, Boomgarden, Bradford, Buckingham, Elliott, Hills, McLaughlin, Nelson, Novstrup, Olson (Ryan), Roberts, Van Norman, Weems, and Wick and Senators Nesselhuf, Bogue, Duenwald, Knudson, Kooistra, Olson (Ed), and Peterson (Jim)

A LEGISLATIVE COMMEMORATION, Commending and honoring Tom Craig of the Vermillion School District Board on his selection as the 2005-2006 Outstanding School Board member.

WHEREAS, Tom Craig is in his ninth year as president of the Vermillion School District Board, showing the respect he has earned from his peers; and

WHEREAS, Tom Craig led efforts to retain programs vital to students' needs during a time when declining revenues and enrollments coupled with increasing operational costs were forcing the school board to consider substantial reductions; and

WHEREAS, Tom Craig is committed to developing a strong communications link between the school district and the community of Vermillion and has continually demonstrated his passionate commitment to both the school district and community:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Tom Craig of Vermillion, South Dakota, be congratulated on his selection as the 2005-2006 Outstanding School Board member and be commended for his continuing efforts to improve the educational opportunities available to children in our state.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:44 p.m. the House adjourned.

Karen Gerdes, Chief Clerk