JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION  



FIFTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 31, 2006

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

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House page John Michels.

     Roll Call: All members present except Reps. Cutler and Haley 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 fourteenth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1098 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill be amended as follows:

1181tc
     On page 1, line 5 of the printed bill, delete everything after " corporate " and insert " under the general laws for incorporation organized as a nonprofit corporation in this".

     On page 1 , line 9, after " qualified " insert " nonprofit ".

     On page 1 , line 13, delete " trustees " and insert "board of directors ".

     On page 2 , line 5, delete " trustees " and insert "board of directors".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1116 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1177 and returns the same with the recommendation that said bill be amended as follows:

1177oa
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 61-5-24.1 be amended to read as follows:

     61-5-24.1.   Employers required by this title to pay contributions, except employers that pursuant to chapter 61-5A reimburse the unemployment compensation trust fund for benefits paid in lieu of contributions, shall also pay an employer's investment in South Dakota's future fee, hereinafter "investment fee," on wages as defined by this title. The fee rate for employers not eligible for experience rating, as defined in § 61-5-20.2, shall be seventy hundredths percent through calendar year 2006 and fifty-five hundredths percent on and after January 1, 2007 . If an employer is eligible for experience rating, his reserve ratio shall be determined pursuant to § 61-5-18.14 and his investment fee rate shall be the rate appearing in column "A" on the same line on which his reserve ratio appears in column "B" of the following rate schedule schedules .

     From January 1, 1993, to December 31, 2006, inclusive:
Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.70%        Less than 0.80%  
0.60%       0.80% and Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

     From January 1, 2007, to December 31, 2007, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.60%        Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

     From January 1, 2008, to December 31, 2008, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.58%        Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

     From January 1, 2009, to December 31, 2009, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.56%        Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

     Beginning January 1, 2010:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.55%        Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

     The terms and conditions of this title which apply to the payment and collection of contributions also apply to the payment and collection of the investment fee. Proceeds from the investment fee shall be deposited in the clearing account of the unemployment compensation fund for clearance only and may not become part of the fund. After clearance, the money derived from such payments, less refunds made pursuant to the provisions of this title, shall be deposited in the employer's investment in South Dakota's future special revenue fund as provided for in § 61-5-24.2. Investment fee payments may not be credited to the employer's experience rating account and may not be deducted in whole or in part by any employer from the wages of individuals in its employ.

     The investment fee rate may not be increased over the applicable 1987 investment fee rate for any employer with a positive balance in his experience rating account on the computation date, as established in rules promulgated by the secretary of labor pursuant to chapter 1-26, for the current year and the year preceding the current year.

     The investment rates provided in this section apply to and are retroactive to taxable wages paid on and after January 1, 1993. "

     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  1125 and 1183 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1227 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 1081 and returns the same with the recommendation that said bill be amended as follows:

1081fa
     On page 2, after line 9 of the printed bill, insert:

"
     Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


1081fta
     On page 1, line 2 of the printed bill, after " equipment " insert "and to declare an emergency".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1226 and returns the same with the recommendation that said bill be amended as follows:

1226fa
     On page 3, line 7 of the printed bill, overstrike " 2005 " and insert " 2006 ".

     On page 3 , line 8, overstrike " 2005 " and insert " 2006 ".

     On page 3 , line 9, overstrike " 2005 " and insert " 2006 ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1144 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 3 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 Local Government respectfully reports that it has had under consideration HB 1170 and returns the same with the recommendation that said bill be amended as follows:

1170fa
     On page 1, line 5 of the printed bill, after " present " insert " and voting on the matter ".

     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 1208 and 1233 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Thomas Hennies, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1008 which has passed the Senate without change.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 3 and 4 which have been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 10, 42, 54, 78, 89, 92, 108, 122, 127, 133, 148, 149, 155, and 179 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 2:   A CONCURRENT RESOLUTION,   Recommending Master Sergeant Woodrow Wilson Keeble for the Medal of Honor.

     Rep. Halverson moved that SCR 2 as found on pages 209 and 210 of the Senate Journal be concurred in.

     The question being on Rep. Halverson's motion that SCR 2 be concurred in.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

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

     Excused:
Cutler; Haley; Howie; Putnam; Rausch

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

     SCR 3:   A CONCURRENT RESOLUTION,   Supporting youth mentoring programs for South Dakota.

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

     SCR 4:   A CONCURRENT RESOLUTION,   Requesting the South Dakota Congressional Delegation and the United States Congress to address significant deficiencies in the dental health care provided to American Indians.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1100 as found on page 274 of the House Journal ; also

     Judiciary on HB 1165 as found on page 275 of the House Journal ; also

     State Affairs on HB 1113 as found on pages 275 and 276 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 10:   FOR AN ACT ENTITLED, An Act to   establish and revise certain provisions relating to South Dakota Retirement System disability benefits.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 42:   FOR AN ACT ENTITLED, An Act to   update and revise certain provisions pertaining to saddlemount motor vehicle combinations.

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

     SB 54:   FOR AN ACT ENTITLED, An Act to   revise the state trunk highway system.

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

     SB 78:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the submission of direct legislation to a vote of the people at a general election.

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

     SB 89:   FOR AN ACT ENTITLED, An Act to   require the Division of Insurance to study the offering of assisted living facility benefits to certain persons with long-term care insurance.

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

     SB 92:   FOR AN ACT ENTITLED, An Act to   revise the formula for determining the amount of the sales, use, and contractors' excise tax refund provided to certain new business facilities.

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

     SB 108:   FOR AN ACT ENTITLED, An Act to   revise certain provisions defining employer contributions that are not deemed to be wages.

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

     SB 122:   FOR AN ACT ENTITLED, An Act to   exempt certain breeding stock animals, products, and facilities from certain corporate farming restrictions.

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

     SB 127:   FOR AN ACT ENTITLED, An Act to   revise the notice of sale of real property for taxes.

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

     SB 133:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to charges associated with installment sales contracts.

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

     SB 148:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the sex offender registry and the supervision of sex offenders.

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

     SB 149:   FOR AN ACT ENTITLED, An Act to   create community safety zones, to prohibit certain persons from residing or loitering in community safety zones, to provide penalties for violations thereof, and to declare an emergency.

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

     SB 155:   FOR AN ACT ENTITLED, An Act to   permit salespersons and broker associates within the same firm to form a business corporation or limited liability company under certain conditions.

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

     SB 179:   FOR AN ACT ENTITLED, An Act to   direct the Bureau of Administration to provide all of the fourth floor of the State Capitol Building for use by the Legislature.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1199:   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 second time.

     Rep. Wick requested that HB 1199 be removed from the Consent Calendar.

     Which request was granted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1173:   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.

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

     The question being “Shall HB 1173 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; 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:
Cutler; Haley; 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 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.

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

1118rg

     Rep. Rounds moved that HB 1118 be amended as follows:

     On page 3, line 5 of the House Judiciary Committee engrossed bill, delete " ; or " and insert ".".

     On page 3 , delete lines 6 to 9 , inclusive.

     Which motion prevailed.

     The question being “Shall HB 1118 pass as amended?”

     And the roll being called:

     Yeas 50, Nays 18, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Davis; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Hunhoff; Jensen; Jerke; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Rausch; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Willadsen; Speaker Michels

     Nays:
Bradford; Deadrick; Frost; Glover; Hackl; Hargens; Howie; Hunt; Klaudt; Kroger; Olson (Ryan); Putnam; Rave; Rhoden; Sebert; Valandra; Van Norman; Wick

     Excused:
Cutler; Haley

     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 1155 be placed to follow HB 1118 on today's calendar.

     Which motion prevailed.

     HB 1155:   FOR AN ACT ENTITLED, An Act to   allow local units of government to regulate the sales, distribution, and use of tobacco products.

     Was read the second time.

1155ja

     Rep. Hunhoff moved that HB 1155 be amended as follows:

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

"
     Section 1. That chapter 7-18A be amended by adding thereto a NEW SECTION to read as follows:

     Any county, for the area outside of any municipal boundaries, may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products that are more restrictive than those provided for by the Legislature.

     Section 2. That chapter 9-19 be amended by adding thereto a NEW SECTION to read as follows:

     Any municipality, for the area within its boundaries, may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products that are more restrictive than those provided for by the Legislature.

     Section 3. That § 10-50-64 be amended to read as follows:

     10-50-64.   The Legislature is the exclusive regulator of all matters relating to the use of tobacco products. Nothing prohibits a person or a public entity from voluntarily regulating the use of tobacco products on the person's or entity's property.

     Section 4. That § 34-46-6 be amended to read as follows:

     34-46-6.   Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the purposes of equitable and uniform regulation and implementation, the Legislature through this chapter is the exclusive regulator of all matters relating to the distribution, marketing, promotion, and sale of tobacco products. ".


1155ta

     Rep. Hargens moved as a substitute motion that HB 1155 be amended as follows:

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

"      Section 1. That chapter 7-18A be amended by adding thereto a NEW SECTION to read as follows:

     Any county, for the area outside of any municipal boundaries, may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products.

     Section 2. That chapter 9-19 be amended by adding thereto a NEW SECTION to read as follows:

     Any municipality, for the area within its boundaries, may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products.

     Section 3. That § 10-50-64 be amended to read as follows:

     10-50-64.   The Legislature is the exclusive regulator of all matters relating to the use of tobacco products. Any municipality, for the area within the municipal boundaries, may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products. Nothing prohibits a person or a public entity from voluntarily regulating the use of tobacco products on the person's or entity's property.

     Section 4. That § 34-46-6 be amended to read as follows:

     34-46-6.   Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the purposes of equitable and uniform regulation and implementation, the Legislature through this chapter is the exclusive regulator of all matters relating to the distribution, marketing, promotion, and sale of tobacco products. Any municipality, for the area within the municipal boundaries, may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products. "


     A roll call vote was requested and supported.


     The question being on Rep. Hargens' substitute motion that HB 1155 be amended.

     And the roll being called:

     Yeas 21, Nays 47, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glover; Hackl; Halverson; Hargens; Haverly; Klaudt; Koistinen; Kroger; Lange; Olson (Ryan); Putnam; Sigdestad; Valandra; Van Norman

     Nays:
Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Glenski; Hanks; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Kraus; Krebs; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Cutler; Haley

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

     The question being on Rep. Hunhoff's motion that HB 1155 be amended.

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 49, Nays 19, Excused 2, Absent 0

     Yeas:
Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Gassman; Glenski; Hanks; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels

     Nays:
Boomgarden; Dennert; Garnos; Gillespie; Glover; Hackl; Halverson; Hargens; Haverly; Heineman; Hennies; Koistinen; Kroger; Pederson (Gordon); Rounds; Sebert; Sigdestad; Valandra; Wick

     Excused:
Cutler; Haley

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1155 was so amended.

     Rep. Hennies moved that HB 1155 be laid on the table.

     The question being on Rep. Hennies' motion that HB 1155 be laid on the table.

     And the roll being called:

     Yeas 24, Nays 44, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Dennert; Fryslie; Gassman; Gillespie; Glover; Halverson; Hargens; Haverly; Heineman; Hennies; Klaudt; Koistinen; Kroger; Murschel; Olson (Ryan); Pederson (Gordon); Rounds; Sebert; Sigdestad; Valandra; Vehle; Wick

     Nays:
Brunner; Buckingham; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Garnos; Glenski; Hackl; Hanks; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Weems; Willadsen; Speaker Michels

     Excused:
Cutler; Haley

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

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1155 pass as amended?”

     And the roll being called:

     Yeas 44, Nays 24, Excused 2, Absent 0

     Yeas:
Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Gassman; Glenski; Hackl; Hanks; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Peters; Putnam; Rausch; Rave; Roberts; Schafer; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Weems; Willadsen; Speaker Michels

     Nays:
Boomgarden; Dennert; Fryslie; Garnos; Gillespie; Glover; Halverson; Hargens; Haverly; Heineman; Hennies; Klaudt; Koistinen; Kroger; Murschel; Olson (Ryan); Pederson (Gordon); Rhoden; Rounds; Sebert; Sigdestad; Valandra; Vehle; Wick

     Excused:
Cutler; Haley

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Hunhoff moved that the title to HB 1155 be amended as follows:

     On page 1, line 2 of the printed bill, after " distribution, " insert "marketing, promotion,".

     Which motion prevailed and the title was so amended.

     HB 1138:   FOR AN ACT ENTITLED, An Act to   authorize first class municipalities to issue nonsmoking establishment on-sale licenses under certain conditions.

     Was read the second time.

1138fb

     Rep. Elliott moved that HB 1138 be amended as follows:

     On page 2, after line 9 of the printed bill, insert:

"
     Section 4. That chapter 42-7A be amended by adding thereto a NEW SECTION to read as follows:

     No business licensed pursuant to section 2 of this Act may be a licensed establishment for video lottery placement pursuant to this chapter.".

     Which motion prevailed.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1138 pass as amended?”

     And the roll being called:

     Yeas 22, Nays 46, Excused 2, Absent 0

     Yeas:
Brunner; Davis; Deadrick; Faehn; Hackl; Halverson; Haverly; Howie; Hunhoff; Jensen; Kraus; Krebs; Novstrup; O'Brien; Schafer; Sebert; Thompson; Tidemann; Van Etten; Vehle; Wick; Willadsen

     Nays:
Boomgarden; Bradford; Buckingham; Dennert; Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hanks; Hargens; Heineman; Hennies; Hills; Hunt; Jerke; Klaudt; Koistinen; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Sigdestad; Street; Tornow; Turbiville; Valandra; Van Norman; Weems; Speaker Michels

     Excused:
Cutler; Haley

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

     HB 1071:   FOR AN ACT ENTITLED, An Act to   amend the composition, supervision, and functioning of the State Seed Certification Board.

     Was read the second time.

     The question being “Shall HB 1071 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; 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:
Cutler; Haley

     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 1112:   FOR AN ACT ENTITLED, An Act to   exempt certain real property owned by local industrial development corporations from property taxation.

     Was read the second time.

     The question being “Shall HB 1112 pass as amended?”

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Gassman; Glenski; Glover; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; 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; Willadsen; Speaker Michels

     Nays:
Gillespie; Hargens; Miles

     Excused:
Cutler; Garnos; Haley; Wick

     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 1174:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning business improvement districts.

     Was read the second time.

     The question being “Shall HB 1174 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; 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; Willadsen; Speaker Michels

     Nays:
Hargens

     Excused:
Cutler; Haley; Wick

     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 1161:   FOR AN ACT ENTITLED, An Act to   provide additional methods for the formation of special zoning areas.

     Was read the second time.

     The question being “Shall HB 1161 pass as amended?”

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; 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

     Nays:
Bradford; Elliott; Gillespie; Hargens; Miles

     Excused:
Cutler; Haley

     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 1196:   FOR AN ACT ENTITLED, An Act to   require certain new construction of structures to comply with the building code.

     Was read the second time.

     The question being “Shall HB 1196 pass as amended?”

     And the roll being called:

     Yeas 26, Nays 42, Excused 2, Absent 0

     Yeas:
Bradford; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Gassman; Gillespie; Glenski; Glover; Halverson; Hargens; Hennies; Jerke; Kroger; Lange; Miles; Murschel; Roberts; Sigdestad; Street; Thompson; Tornow; Valandra; Van Norman

     Nays:
Boomgarden; Brunner; Buckingham; Davis; Frost; Garnos; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Cutler; Haley

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


     HB 1037:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the prescription of schedule II controlled drugs by physician assistants, certified nurse practitioners, and certified nurse midwives.

     Was read the second time.

     The question being “Shall HB 1037 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; 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:
Cutler; Haley

     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 1220 be placed to precede HB 1137 on today's calendar.

     Which motion prevailed.

     HB 1220:   FOR AN ACT ENTITLED, An Act to   temporarily allow contractual agreements between certain school districts and to declare an emergency.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1220 pass?”

     And the roll being called:

     Yeas 51, Nays 16, Excused 3, Absent 0

     Yeas:
Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Hills; Howie; Jensen; Jerke; Klaudt; Koistinen; Kroger; Lange; McCoy; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Etten; Van Norman; Wick; Willadsen; Speaker Michels

     Nays:
Boomgarden; Haverly; Heineman; Hennies; Hunhoff; Hunt; Kraus; Krebs; McLaughlin; Peters; Putnam; Rausch; Tidemann; Tornow; Vehle; Weems

     Excused:
Cutler; Dykstra; Haley

     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.

     Rep. Rhoden moved that HB 1137, 1021, 1087, 1089, 1109, 1134, 1157, 1198, 1153, 1171, 1178, and 1114 and SB 32 be deferred to Wednesday, February 1st, the 16th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1067 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1160 and returns the same with the recommendation that said bill be amended as follows:

1160ca
     On page 1, line 8 of the printed bill, after " funds " insert "in an amount".

     On page 1 , line 8, delete " the amount " and insert "twenty-five percent".
     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1193 and returns the same with the recommendation that said bill be amended as follows:

1193ca
     On page 1 , line 6, after " into " insert "after July 1, 2007,".

     On page 1 , line 7, delete " five " and insert "seven".

     On page 1, line 8 of the printed bill, after " . " insert "However, this limitation does not apply if the high schools operated by the cooperating school districts are more than twenty miles apart.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1176 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1052 was delivered to his Excellency, the Governor, for his approval at 3:40 p.m., January 31, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1009   Introduced by:  Representatives Glenski, Cutler, Heineman, Krebs, Miles, Murschel, Thompson, Tornow, Weems, Wick, and Willadsen and Senators Koetzle, Abdallah, Dempster, Earley, Gant, Kelly, and Knudson

         A LEGISLATIVE COMMEMORATION,  Commending Cassandra Soeffing, a science teacher at Axtell Park Middle School, for being awarded an Albert Einstein Distinguished Educator Fellowship.

     WHEREAS,  Cassandra Soeffing's fellowship will be completed at NASA headquarters, as the science mission directorate in the earth-sun systems division; and

     WHEREAS,  Cassandra Soeffing will manage product reviews, determining which NASA- developed education product is appropriate for NASA distribution to national audiences; and

     WHEREAS,  Cassandra Soeffing will be working with principal investigators on developing stronger proposals for resubmission and working with NASA centers to expand RSS feeds (podcasts); and

     WHEREAS,  Cassandra Soeffing has the sincere desire to contribute her time, skills, and knowledge in the advancement of science education:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-first Legislature of the State of South Dakota, that Cassandra Soeffing be acknowledged for her excellence in teaching and for her willingness to serve and share her knowledge to further the advancement of education and congratulated upon her receipt of an Albert Einstein Distinguished Educator Fellowship.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:54 p.m. the House adjourned.

Karen Gerdes, Chief Clerk