House Journal 02/01/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 1, 2006

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

The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by House page Emily Tschetter.

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 fifteenth 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.

COMMUNICATIONS AND PETITIONS

February 1, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on January 31, 2006, I approved House Bill 1001 and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1225 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Ted A. Klaudt, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1164 and SB 25, 41, 43, and 55 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1120 and 1204 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 1186 and returns the same with the recommendation that said bill be amended as follows:

1186ra

On page 1, line 6 of the printed bill, after " entitled " insert ", by court order,".

1186rc

On page 1, line 10 of the printed bill, delete " schedule a hearing within thirty days " and insert "shall conduct an expedited hearing as soon as practical".

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 1205 and returns the same with the recommendation that said bill be amended as follows:

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On page 1 of the printed bill, delete line 12 , and insert " requested by an attorney or the attorney's staff. ".

On page 1 , delete lines 13 and 14 .

And that as so amended said bill do pass.

Respectfully submitted,
Roger W. Hunt, Vice-Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. For the purposes of this Act, the term, interpreting, means the process of providing accessible communication between and among persons who are deaf or hard-of- hearing and those who are hearing. This process includes communication between American Sign Language and English. Interpreting may involve various other modalities that involve visual, gestural, and tactile methods.

Section 2. No person may do any of the following with respect to providing interpreting services for any person who is deaf or hard-of-hearing for a fee or other remuneration unless certified pursuant to sections 3 or 4 of this Act and registered with the Department of Human Services:

(1) Engage in the practice of, or offer to engage in the practice of, interpreting;

(2) Use the title, interpreter, in connection with the person's name; or

(3) Use the title, interpreter, in advertisements or descriptions.

A violation of this section is a Class 2 misdemeanor.

Section 3. The department may issue provisional certification to a person who:

(1) Has graduated from a postsecondary degree program of two years or more accredited in interpreter preparation or interpreter education;

(2) Participates in a department approved plan of up to five years in preparation for national testing that includes continuing education units and mentoring; and

(3) Registers annually with the department.

Provisional certification may be granted for no more than five years.

Section 4. A person is certified if the person is at least one of the following:

(1) Certified by the Registry of Interpreters for the Deaf and in good standing;

(2) Certified by the National Association of the Deaf and in good standing;

(3) Certified by the Educational Interpreters Proficiency Assessment with a score of at least 3.5 and in good standing; or

(4) Certified by the Department of Human Services prior to July 1, 2006, and in good standing.

A person certified pursuant to subdivision (4) may continue this certification only so long as the person completes one hundred twenty-five continuing education units every five years, remains in good standing with the department, and registers annually with the department. Any person certified pursuant to this section shall register annually with the department.

Section 5. Any person may engage in interpreting during the worship service of any religious organization without being certified pursuant to sections 3 or 4 of this Act and registered with the Department of Human Services.

Section 6. That § 1-36A-10.1 be amended to read as follows:

1-36A-10.1. The Department of Human Services ~~may examine, certify,~~ shall register and renew the ~~certificates~~ registrations annually of ~~duly qualified applicants to be interpreters for the deaf~~ any person certified in accordance with sections 3 or 4 of this Act who demonstrates compliance with this Act and payment of the applicable fees .

Section 7. That § 1-36A-11 be amended to read as follows:

1-36A-11. The Department of Human Services shall establish a review panel, which shall meet at least semiannually, to review and assign interpreter qualification levels based upon a performance review before the panel, a review of certification issued by another state or territory or a review of certification issued by a nationally administered examination. The review panel shall consist of five individuals who are fluent in American sign language, signed English, or a combination of both. Three individuals shall be deaf or hard of hearing, and two individuals shall be Level V South Dakota certified interpreters. All individuals serving on the review panel shall have successfully completed the evaluators' training based on the National Association for the Deaf Interpreter Assessment Evaluator's Manual. The department shall maintain, and publish, and make available upon request a registry of all certified interpreters ~~and their respective levels of qualification~~ .

Section 8. That § 1-36A-12 be amended to read as follows:

1-36A-12. The Department of Human Services may promulgate rules pursuant to chapter 1-26 to ~~establish interpreter certificate qualifications,~~ establish continuing education requirements for individuals registered with the department pursuant to subdivision (4) of section 4 of this Act , ~~and may establish separate interpreter certification~~ and to establish qualifications , continuing education requirements, mentoring requirements, and requirements for an approved plan for provisional certification ~~, as well as for interpreters serving in medical, educational, or legal settings~~ pursuant to section 3 of this Act .

Section 9. That § 1-36A-13 be amended to read as follows:

1-36A-13. The fund for certification of interpreters for the deaf ~~is hereby created~~ in the state treasury is renamed the fund for registration of interpreters for the deaf . All fees received by the Department of Human Services and money collected under § 1-36A-15 shall be deposited in the fund. Any money in the fund is continuously appropriated to the department for expenses incurred in the provisional certification and registration of interpreters for the deaf and may be expended by the secretary of human services. The compensation and expenses of the interpreter review panel shall be paid from the fees received under the provisions of § 1-36A-15. The department may require any applicant who is taking a nationally administered examination to remit the portion of the certification fee covering the cost of the examination directly to the organization administering the examination.

Section 10. That § 1-36A-14 be amended to read as follows:

1-36A-14. Any balance of fees received by the Department of Human Services after payment of compensation and expenditures may be expended by the secretary of human services only in administering §§ 1-36A-10.1 to 1-36A-16, inclusive , and this Act .

Section 11. That § 1-36A-15 be amended to read as follows:

1-36A-15. The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish the following nonrefundable fees for provisional certification and registration :

(1) For ~~initial or~~ provisional certification ~~by examination or endorsement~~ , not more than three hundred twenty-five dollars;

(2) For ~~reexamination, not more than the amount required for initial certification by examination or endorsement~~ initial registration, not more than fifty dollars ;

(3) For annual renewal of ~~certificate~~ registration , not more than thirty-five dollars;

(4) For effecting a name change upon the records of a ~~certificate holder~~ registrant , not more than ten dollars;

(5) ~~For reinstatement of a lapsed certificate, the current fee for initial certification by examination or endorsement; and~~

~~(6)~~ For issuing a duplicate ~~certificate~~ registration , not more than ten dollars ; and

(6) For initial registration and annual renewal of individuals certified pursuant to subdivision (4) of section 4, not more than seventy-five dollars .

Section 12. That § 1-36A-16 be amended to read as follows:

1-36A-16. ~~Sections~~ The provisions of this Act and § § 1-36A-10.1 to 1-36A-15, inclusive, do not prohibit:

(1) Any signing assistance in a medical emergency until the assistance of a certified interpreter is obtained;

(2) The practice of interpreting, if directly supervised by a certified interpreter, included in a program of study by a student enrolled in an approved program for the preparation of interpreters for the deaf;

(3) The practice of a legally qualified interpreter for the deaf from another state employed by the United States government and performing official duty in this state; and

(4) The practice of interpreting in this state by an interpreter for the deaf currently licensed in another state, territory, or foreign country who is present in this state to lecture relative to the practice of interpreting for a period of not more than twenty days.

Section 13. That § 1-36A-19 be repealed.

1-36A-19. Any interpreter for the deaf receiving remuneration for services in any interpreting situation shall participate in a review panel's evaluation and satisfactorily achieve certification within one year of registration pursuant to § 1-36A-11. A violation of this section is a Class 2 misdemeanor. "

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

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1202 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1246 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1004 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1245 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 2, 20, 21, 23, 50, 88, 101, 154, 185, 207, and 208 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1002, 1003, 1033, 1063, and 1094 which have passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

HONORED GUESTS

Rep. Heineman introduced the 2004-2005 Outstanding School Administrators of South Dakota: Robert Arend, Garretson, School Superintendent; David Peterson, Brookings, Retired, School Business Official; Nancy Whitcher, Rapid City, Elementary School Principal; Christena Schultz, Emery, Secondary School Principal; Mike Taplett, Huron, Middle School Principal; Dr. Patricia Peel, Rapid City, Curriculum Director; and Karen Roth, Sioux Falls, Director of Special Education.

MOTIONS AND RESOLUTIONS

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

Rep. Tidemann moved that SCR 3 as found on pages 231, 243, and 244 of the Senate Journal be concurred in.

The question being on Rep. Tidemann's motion that SCR 3 be concurred in.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; 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; Dennert; Haley

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.

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.

Rep. Bradford moved that SCR 4 as found on pages 231, 244, and 245 of the Senate Journal be concurred in.

The question being on Rep. Bradford's motion that SCR 4 be concurred in.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Cutler; Dennert; Haley

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1181 as found on page 290 of the House Journal ; also

Commerce on HB 1177 as found on pages 290 to 293 of the House Journal ; also

Taxation on HB 1081 as found on page 294 of the House Journal ; also

Taxation on HB 1226 as found on page 294 of the House Journal ; also

Local Government on HB 1170 as found on page 295 of the House Journal ; also

Education on HB 1160 as found on pages 311 and 312 of the House Journal ; also

Education on HB 1193 as found on page 312 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 2: FOR AN ACT ENTITLED, An Act to appropriate money for the creation of a circuit court judgeship in the second judicial circuit.

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

SB 20: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a new dairy manufacturing plant at South Dakota State University and to make an appropriation therefor.

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

SB 21: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a manure separator for the South Dakota Agricultural Experiment Station and to make an appropriation therefor.

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

SB 23: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a livestock feed storage room as an addition to the livestock feed facility at the South Dakota Agricultural Experiment Station Southeast Research Farm and to make an appropriation therefor.

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

SB 50: FOR AN ACT ENTITLED, An Act to make certain members of limited liability companies and partnerships personally responsible for certain tax debts.

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

SB 88: FOR AN ACT ENTITLED, An Act to extend residency status to graduates of any in-state, accredited high school operated by the United States Bureau of Indian Affairs.

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

SB 101: FOR AN ACT ENTITLED, An Act to establish the Public Utilities Commission as a separate agency.

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

SB 154: FOR AN ACT ENTITLED, An Act to revise the distribution from certain constitutionally created trust funds and to declare an emergency.

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

SB 185: FOR AN ACT ENTITLED, An Act to require inspections of certain facilities by the Department of Health.

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

SB 207: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the sale, purchasing, and possession of products containing pseudoephedrine or ephedrine.

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

SB 208: FOR AN ACT ENTITLED, An Act to establish and enhance criminal penalties regarding certain sex offenders.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the establishment of representation areas for school board members and determination of vacancies on school boards.

Was read the second time.

The question being “Shall SB 3 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Cutler; Dennert; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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.

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

The question being “Shall HB 1199 pass as amended?”

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; 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; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Glenski; Thompson

Excused:
Cutler; Dennert; 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 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of counseling.

Was read the second time.

Rep. Rhoden moved that HB 1137 be deferred to Thursday, February 2^nd, the 17th legislative day.

Which motion prevailed.

HB 1021: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

Was read the second time.

The question being “Shall HB 1021 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Cutler; Dennert; 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.

HB 1087: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

The question being “Shall HB 1087 pass?”

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Tornow

Excused:
Cutler; Dennert; 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.

HB 1089: FOR AN ACT ENTITLED, An Act to appropriate money for the Vietnam War Memorial.

Was read the second time.

The question being “Shall HB 1089 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Cutler; Dennert; 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.

HB 1109: FOR AN ACT ENTITLED, An Act to provide civil immunity to qualified mental health professionals designated by the chairs of the county board of mental illness.

Was read the second time.

The question being “Shall HB 1109 pass as amended?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Cutler; Dennert; 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 1134: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding the justifiable use of force.

Was read the second time.

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Rep. Hanks moved that HB 1134 be amended as follows:

On page 2, line 8 of the House Judiciary Committee engrossed bill, delete " tortious or " .

Which motion prevailed.

The question being “Shall HB 1134 pass as amended?”

And the roll being called:

Yeas 48, Nays 19, Excused 3, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Elliott; Fryslie; Gillespie; Hackl; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Faehn; Frost; Garnos; Gassman; Glenski; Glover; Hargens; Hunhoff; Klaudt; Kroger; Lange; O'Brien; Olson (Ryan); Roberts; Schafer; Thompson; Valandra; Van Norman

Excused:
Cutler; Dennert; 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.

Speaker Pro tempore Deadrick now presiding.

HB 1157: FOR AN ACT ENTITLED, An Act to extend opportunity scholarship eligibility to South Dakota students who attend college or technical school out-of-state and then return to South Dakota to attend school.

Was read the second time.

The question being “Shall HB 1157 pass as amended?”

And the roll being called:

Yeas 38, Nays 29, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Hennies; Hills; Jensen; Jerke; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Rhoden; Roberts; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Norman; Wick

Nays:
Deadrick; Dykstra; Faehn; Frost; Haverly; Heineman; Howie; Hunhoff; Hunt; Klaudt; Koistinen; Kraus; Krebs; McCoy; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rounds; Schafer; Sebert; Tidemann; Tornow; Van Etten; Vehle; Weems; Willadsen; Speaker Michels

Excused:
Cutler; Dennert; 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 1198: FOR AN ACT ENTITLED, An Act to require inspections of certain facilities by the Department of Health.

Was read the second time.

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Rep. Howie moved that HB 1198 be amended as follows:

On page 2, line 9 of the printed bill, delete " The license fee may not exceed ten thousand dollars. " .

Which motion prevailed.

The question being “Shall HB 1198 pass as amended?”

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; 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; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Valandra; Van Norman

Excused:
Cutler; Dennert; 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 1153: FOR AN ACT ENTITLED, An Act to revise the definition of a prohibited sexual act.

Was read the second time.

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Rep. Buckingham moved that HB 1153 be amended as follows:

On page 1, line 6 of the printed bill, after " the " insert " bare ".

Which motion prevailed.

The question being “Shall HB 1153 pass as amended?”

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; 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; Nelson; Novstrup; O'Brien; 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; Dennert; Haley; Murschel; Olson (Ryan)

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 1171: FOR AN ACT ENTITLED, An Act to permit the court to award attorneys' fees in certain custody and visitation cases.

Was read the second time.

The question being “Shall HB 1171 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; 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; 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; Dennert; Haley; Olson (Ryan)

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 1178: FOR AN ACT ENTITLED, An Act to provide for the establishment of certain honorary trusts and of certain trusts for animals.

Was read the second time.

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Rep. O'Brien moved that HB 1178 be amended as follows:

On page 3, after line 9 of the printed bill, insert:

Section 4. Nothing in this Act may be construed to reinstate the rule against perpetuities in South Dakota as to any trust except trusts specifically defined in this Act as honorary trusts or trusts for the care of specific animals.".

Which motion prevailed.

The question being “Shall HB 1178 pass as amended?”

And the roll being called:

Yeas 40, Nays 27, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Davis; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Halverson; Hargens; Heineman; Hennies; Hills; Howie; Jerke; Koistinen; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Norman; Vehle; Speaker Michels

Nays:
Brunner; Buckingham; Deadrick; Dykstra; Faehn; Frost; Hackl; Hanks; Haverly; Hunhoff; Hunt; Jensen; Klaudt; Kraus; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Sebert; Tidemann; Tornow; Van Etten; Weems; Wick; Willadsen

Excused:
Cutler; Dennert; 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 1114: FOR AN ACT ENTITLED, An Act to exempt from motor vehicle license fees certain motor vehicles used to transport children to and from certain head start programs.

Was read the second time.

Rep. Fryslie moved that HB 1114 be deferred to Thursday, February 2^nd, the 17^th legislative day.

Which motion prevailed.

HB 1100: FOR AN ACT ENTITLED, An Act to provide for the establishment of standards for persons conducting home studies for purposes of child custody and visitation.

Was read the second time.

The question being “Shall HB 1100 pass as amended?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Cutler; Dennert; 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.

Rep. Rhoden moved that HB 1165, 1113, 1098, 1227, and 1067 and SB 32 be deferred to Thursday, February 2^nd, the 17^th legislative day.

Which motion prevailed.

Speaker Michels now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1002, 1003, 1033, 1063, and 1094 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1008 was delivered to his Excellency, the Governor, for his approval at 3:50 p.m., February 1, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the type of documentation required for the registration of voters.

HB 1003: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning absentee voting.

HB 1033: FOR AN ACT ENTITLED, An Act to permit persons arrested for certain boating violations to be released upon execution of a promise to appear in court or upon furnishing a bond and to provide a penalty for failure to appear in court.

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

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

And signed the same in the presence of the House.

Speaker Pro tempore Deadrick now presiding.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:26 p.m. the House adjourned.

Karen Gerdes, Chief Clerk