House Journal 02/02/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 2, 2006

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

The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by House pages Jaleesa Hageman and Brittany Hooker.

Roll Call: All members present except Reps. Gassman and Kroger 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 sixteenth 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 February 1, 2006, I approved House Bill 1052 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1172 and 1212 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1162 and returns the same with the recommendation that said bill be amended as follows:

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

"
Section 1. That chapter 38-21 be amended by adding thereto a NEW SECTION to read as follows:

Any person, or representative of the person, who files with the secretary an allegedly false or frivolous claim of damage caused by the use of a pesticide is subject to an action in circuit court initiated by the State of South Dakota. If the court determines that the person or the person's representative intentionally or maliciously filed a false or frivolous claim of damage caused by the use of a pesticide, the person shall provide restitution, as determined by the court, for expenses incurred by the State of South Dakota in the investigation of the false or frivolous claim."

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 1031 and 1191 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1184 and 1224 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill be amended as follows:

On page 3 of the printed bill, delete lines 17 to 21 , inclusive.

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 1179 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1069 and returns the same with the recommendation that said bill be amended as follows:

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

Section 1. Notwithstanding the provisions of chapters 10-23, 10-24, and 10-25, no county may sell any tax certificate after July 1, 2006. The county shall be the holder of any tax certificate issued by the county after July 1, 2006. The county treasurer shall continue to serve notice on the owner of record of the real property, publish notice, and attend to the other administrative provisions imposed by chapter 10-23, 10-24, and 10-25. Nothing in this section affects the holder of any existing tax certificate, the method in which the tax certificate is redeemed, or the sale of real property for taxes or assessments."

On page 1, line 1 of the printed bill, delete everything after " to " and insert "prohibit the public sale of tax certificates.".

On page 1 , delete line 2 .

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 1110 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, delete " two " and insert "one and one-half".

On page 1 , line 9, delete " one hundred and fifty " and insert "seventy".

On page 1 , after line 10, insert:

Section 2. This Act is effective on July 1, 2007.".

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 1154 and returns the same with the recommendation that said bill be amended as follows:

On page 1, between lines 10 and 11 of the printed bill, insert:

"
Section 2. An excise tax is hereby imposed on the privilege of the use, storage, and consumption in this state of farm machinery, attachment units, and irrigation equipment used exclusively for agricultural purposes purchased or leased for use in this state at the same rate of the purchase price of said property as imposed pursuant to section 1 of this Act.".

On page 1 , line 11, after " imposed " insert "at the same rate as imposed by section 1 of this Act".

On page 3 , delete lines 13 and 14 , and insert:

Section 7. Where applicable and not inconsistent with this Act, the provisions of chapters 10-45 and 10-46, including the exemption, definition, administrative, collection, and enforcement provisions, including penalty and interest, are applicable to the tax imposed by this Act.

Section 8. The revenue from the tax imposed by this Act shall be deposited in the general fund.

Section 9. There are exempted from the tax imposed by this Act, gross receipts from the rental of devices primarily used to apply fertilizers and pesticides as defined in § 38-20A-1, for agricultural purposes, if the tax imposed by this Act was paid upon the original purchase of the device.".

On page 4 , line 5, delete " section 13 of " .

On page 4 , between lines 13 and 14, insert:

For purposes of this section, the term, person, includes an officer, member, member- manager, partner, general partner, or limited partner of an entity organized pursuant to Title 47 or 48 who has control or supervision of, or is charged with the responsibility for, making tax returns or payments pursuant to this Act.".

On page 7, after line 24, insert:

" Section 18. That § 10-45-16.1 be amended to read as follows:

10-45-16.1. There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, gross receipts from the sale of pesticides, as defined in § 38-20A-1, to be used exclusively by the purchaser for agricultural purposes. Any product or substance to be used in conjunction with the application or use of pesticides for agricultural purposes is also exempt. ~~Such~~ The products or substances include ~~, but are not limited to,~~ adjuvants, surfactants, ammonium sulfate, innoculants, drift retardants, water conditioners, seed treatments, foam markers, and foam dyes. Equipment , other than farm machinery, attachment units, and irrigation equipment uses exclusively for agricultural purposes for the application of pesticides and related products and substances is not exempt. The tax imposed by this chapter on endoparasiticides and ectoparasiticides shall be deposited in the veterinary student tuition and animal disease research and diagnostic laboratory fund to be used for veterinary student tuition grants and the operations and activities conducted by the State Animal Disease Research and Diagnostic Laboratory established in § 13-58-13.

Section 19. That § 10-46-17.5 be amended to read as follows:

10-46-17.5. The use in this state of ~~insecticides, herbicides,~~ pesticides ~~, rodenticides, and fumigants~~ as defined in § 38-20A-1 to be used exclusively for agricultural purposes is specifically exempted from the tax imposed by this chapter. Any product or substance to be used in conjunction with the application or use of pesticides for agricultural purposes is also exempt. These products or substances include adjuvants, surfactants, ammonium sulfate, inoculants, drift retardants, water conditioners, seed treatments, foam markers, and foam dyes. Equipment, other than farm machinery, attachment units, and irrigation equipment used exclusively for agricultural purposes, for the application of pesticides and related products and substances is not exempt. The tax imposed by this chapter on endoparasiticides and ectoparasiticides shall be deposited in the veterinary student tuition and animal disease research and diagnostic laboratory fund to be used for veterinary student tuition grants and the operations and activities conducted by the State Animal Disease Research and Diagnostic Laboratory established in § 13-58-13.

Section 20. That § 10-12A-4 be amended to read as follows:

10-12A-4. The department may enter into tax collection agreements with any Indian tribe under the provisions of this chapter and chapter 1-24. These agreements may provide for the collection of any of the following state taxes and any tribal taxes imposed by a tribe that are identical to the following state taxes:

(1) The retail sales and service tax imposed by chapter 10-45;

(2) The use tax imposed by chapter 10-46;

(3) The contractors' excise tax imposed by chapter 10-46A;

(4) The alternate contractors' excise tax imposed by chapter 10-46B;

(5) The cigarette tax imposed by chapter 10-50;

(6) The motor vehicle excise tax imposed by chapter 32-5B;

(7) The fuel excise tax imposed by chapter 10-47B;

(8) The wholesale tax on tobacco products imposed by chapter 10-50;

(9) The amusement device tax imposed by chapter 10-58; or

(10) The gross receipts tax on visitor related businesses imposed by chapter 10-45D ;

(11) The excise tax on farm machinery, attachment units, and irrigation equipment imposed by this Act .

The agreement may provide for the retention by the department of an agreed-upon percentage of the gross revenue as an administrative fee.

Section 21. Sections 1 to 20, inclusive, are effective on April 1, 2006.

Section 22. 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.".

On page 1, line 2 of the printed bill, after " equipment " delete " and " and insert ",".

On page 1 , line 4, after " tax " 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 1151 and tabled the same.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 11, 12, 71, and 77 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 13 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas Hennies, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1182 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1005, 1042, 1048, 1049, 1050, 1051, 1053, 1064, and 1139 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1003 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1065 and 1074 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 156 and 159 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HCR 1004: A CONCURRENT RESOLUTION, Urging the voters of South Dakota to reject the Judicial Accountability Initiated Law (J.A.I.L.), which will be submitted to South Dakota voters in November 2006, designated Amendment E.

Rep. Hennies moved that HCR 1004 as found on page 278 of the House Journal be adopted.

The question being on Rep. Hennies' motion that HCR 1004 be adopted.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 3^rd, the 18^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1186 as found on pages 316 and 317 of the House Journal ; also

Judiciary on HB 1205 as found on page 317 of the House Journal ; also

Health and Human Services on HB 1141 as found on pages 317 to 320 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 156: FOR AN ACT ENTITLED, An Act to prohibit the picketing of funerals under certain circumstances, to provide penalties for the violation thereof, and to declare an emergency.

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

SB 159: FOR AN ACT ENTITLED, An Act to prohibit certain civil penalties on dishonored checks and to revise the duties of the state's attorneys with respect thereto.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1164: FOR AN ACT ENTITLED, An Act to provide for the taxation of leased motorcycles and motorized bicycles.

Was read the second time.

The question being “Shall HB 1164 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

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

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.

SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning motor carrier regulation and to transfer the authority to regulate motor carriers from the Public Utilities Commission to the Department of Revenue and Regulation.

Was read the second time.

The question being “Shall SB 25 pass as amended?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Elliott; Gassman; Kroger; O'Brien

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.

SB 41: FOR AN ACT ENTITLED, An Act to revise and update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

Was read the second time.

The question being “Shall SB 41 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Elliott; Gassman; Kroger; O'Brien

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.

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

Was read the second time.

The question being “Shall SB 43 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

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.

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

Was read the second time.

The question being “Shall SB 55 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

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

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

The question being “Shall HB 1137 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

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.

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

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being “Shall HB 1114 pass?”

And the roll being called:

Yeas 36, Nays 31, Excused 3, Absent 0

Yeas:
Bradford; Brunner; Cutler; Davis; Dennert; Elliott; Fryslie; Garnos; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Hills; Jensen; Koistinen; Lange; Miles; Murschel; Nelson; O'Brien; Rave; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Etten; Van Norman; Weems

Nays:
Boomgarden; Buckingham; Deadrick; Dykstra; Faehn; Frost; Hackl; Haverly; Heineman; Howie; Hunhoff; Hunt; Jerke; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Sebert; Tidemann; Tornow; Vehle; Willadsen; Speaker Michels

Excused:
Gassman; Kroger; 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. Pederson announced his intention to reconsider the vote by which HB 1114 passed.

HB 1165: FOR AN ACT ENTITLED, An Act to establish a workers compensation small claims procedure.

Was read the second time.

The question being “Shall HB 1165 pass as amended?”

And the roll being called:

Yeas 56, Nays 12, Excused 2, Absent 0

Yeas:
Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Jensen; Klaudt; Koistinen; Kraus; 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; Turbiville; Valandra; Vehle; Weems; Wick; Speaker Michels

Nays:
Boomgarden; Bradford; Buckingham; Frost; Hunt; Jerke; Krebs; Novstrup; Tornow; Van Etten; Van Norman; Willadsen

Excused:
Gassman; Kroger

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 1113: FOR AN ACT ENTITLED, An Act to exempt claims related to wildland fire operations outside the state from certain workers' compensation provisions.

Was read the second time.

Rep. Deadrick moved that HB 1113 be deferred to Friday, February 3^rd, the 18^th legislative day.

Which motion prevailed.

HB 1098: FOR AN ACT ENTITLED, An Act to exempt swine and cattle semen from sales use tax.

Was read the second time.

The question being “Shall HB 1098 pass?”

And the roll being called:

Yeas 56, Nays 12, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Fryslie; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hills; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems

Nays:
Buckingham; Faehn; Frost; Heineman; Hennies; Hunt; McCoy; Putnam; Sebert; Wick; Willadsen; Speaker Michels

Excused:
Gassman; Kroger

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 1227: FOR AN ACT ENTITLED, An Act to provide a property tax exemption for coal-fired power plants upgrading pollution control equipment.

Was read the second time.

The question being “Shall HB 1227 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

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 1067: FOR AN ACT ENTITLED, An Act to classify certain persons as residents for purposes of higher education tuition.

Was read the second time.

The question being “Shall HB 1067 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

Excused:
Gassman; Kroger; Tornow

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 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding humane societies.

Was read the second time.

The question being “Shall HB 1181 pass as amended?”

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

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

Excused:
Gassman; Kroger; Tornow

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 1177: FOR AN ACT ENTITLED, An Act to limit the amount in the Employer's Investment in South Dakota's Future Fund.

Was read the second time.

The question being “Shall HB 1177 pass as amended?”

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

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

Nays:
Rounds

Excused:
Gassman; Howie; Kroger; Tornow

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 1081: FOR AN ACT ENTITLED, An Act to exempt from the sales and use taxes certain maintenance items used on agricultural machinery and equipment and to declare an emergency.

Was read the second time.

The question being “Shall HB 1081 pass as amended?”

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

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

Nays:
Hunt

Excused:
Gassman; Kroger; Tornow; Wick

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 1226: FOR AN ACT ENTITLED, An Act to expand the tax refund for agricultural processing facilities to include expansions to existing facilities and to revise the time period in which an application must be submitted.

Was read the second time.

Speaker Pro tempore Deadrick now presiding.

Rep. Garnos moved that HB 1226 be amended as follows:

On page 3, line 8 of the House Taxation Committee engrossed bill, overstrike " February 1, " and insert " January 1, ".

Which motion prevailed.

The question being “Shall HB 1226 pass as amended?”

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

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

Excused:
Gassman; Jerke; Kroger; Rave; Tornow

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 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the voting requirements of the board of adjustment.

Was read the second time.

The question being “Shall HB 1170 pass as amended?”

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

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

Nays:
Boomgarden; Deadrick; Halverson; Jensen; Olson (Ryan); Van Norman; Vehle

Excused:
Gassman; Kroger; Rave

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

HB 1160: FOR AN ACT ENTITLED, An Act to provide additional state funding to school districts that offer certain services and opportunities to students receiving alternative instruction.

Was read the second time.

Rep. Brunner moved that HB 1160 be deferred to Friday, February 3^rd, the 18^th legislative day.

Which motion prevailed.

HB 1193: FOR AN ACT ENTITLED, An Act to limit certain cooperative arrangements among school districts.

Was read the second time.

Rep. Olson moved that HB 1193 be amended as follows:

On page 1 of the House Education Committee engrossed bill, delete lines 4 and 5 , and insert:

"
Section 2. That chapter 13-36 be amended by adding thereto a NEW SECTION to read as follows:".

Which motion prevailed.

Rep. Hargens moved that HB 1193 be further amended as follows:

On page 1, line 7 of the House Education Committee engrossed bill, delete " , and " .

On page 1 , line 8, delete " the agreement or sponsorship may not be renewed " .

Rep. Gillespie moved that HB 1193 be further amended as follows:

On page 1, line 6 of the House Education Committee engrossed bill, after " sponsorship " delete " entered into after July 1, 2007, " .

Rep. Rhoden moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Gillespie's motion that HB 1193 be further amended.

And the roll being called:

Yeas 21, Nays 46, Excused 3, Absent 0

Yeas:
Bradford; Buckingham; Dennert; Elliott; Fryslie; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Lange; Miles; O'Brien; Pederson (Gordon); Putnam; Roberts; Sigdestad; Street; Valandra; Van Norman

Nays:
Boomgarden; Brunner; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; Olson (Ryan); Peters; Rausch; Rave; Rhoden; Rounds; Sebert; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Gassman; Kroger; Schafer

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

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being “Shall HB 1193 pass as amended?”

And the roll being called:

Yeas 26, Nays 42, Excused 2, Absent 0

Yeas:
Brunner; Buckingham; Cutler; Dykstra; Hackl; Haverly; Heineman; Hills; Hunhoff; Hunt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Olson (Ryan); Peters; Rounds; Sebert; Thompson; Tidemann; Tornow; Van Etten; Weems; Wick; Willadsen

Nays:
Boomgarden; Bradford; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Howie; Jensen; Jerke; Klaudt; Koistinen; Lange; Miles; Nelson; Novstrup; O'Brien; Pederson (Gordon); Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sigdestad; Street; Turbiville; Valandra; Van Norman; Vehle; Speaker Michels

Excused:
Gassman; Kroger

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

HB 1225: FOR AN ACT ENTITLED, An Act to rename the office and the title of the head of the Old Age and Survivors Insurance Division in the Office of the State Auditor and specify the position's duties.

Was read the second time.

The question being “Shall HB 1225 pass?”

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

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

Nays:
Speaker Michels

Excused:
Brunner; Gassman; Kroger

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 Michels now presiding.

HB 1120: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the operation of a snowmobile or boat while under the influence.

Was read the second time.

Rep. Rounds moved that HB 1120 be deferred to Wednesday, February 8^th, the 21^st legislative day.

Which motion prevailed.

HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain persons from jury duty because of religious beliefs.

Was read the second time.

The question being “Shall HB 1204 pass?”

And the roll being called:

Yeas 50, Nays 17, Excused 3, Absent 0

Yeas:
Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; Pederson (Gordon); Putnam; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Norman; Vehle; Wick; Willadsen; Speaker Michels

Nays:
Boomgarden; Bradford; Cutler; Frost; Hanks; Haverly; Heineman; Murschel; O'Brien; Olson (Ryan); Peters; Rausch; Rhoden; Tidemann; Tornow; Van Etten; Weems

Excused:
Gassman; Gillespie; Kroger

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 1246 and SB 32 be deferred to Friday, February 3^rd, the 18^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1005, 1042, 1048, 1049, 1050, 1051, 1053, 1064, and 1139 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1002, 1003, 1033, 1063, and 1094 were delivered to his Excellency, the Governor, for his approval at 3:25 p.m., February 2, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions related to cancelled livestock brands.

HB 1042: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the license renewal of insurance producers.

HB 1048: FOR AN ACT ENTITLED, An Act to revise the reporting and remittance requirements for certain state taxes and to declare an emergency.

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

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of motor fuel and the refunding of motor fuel taxes.

HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding notice to a tribe of a child custody proceeding subject to the Indian Child Welfare Act.

HB 1053: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2005.

HB 1064: FOR AN ACT ENTITLED, An Act to increase the penalty for subsequent convictions for the crime of stalking.

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.

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.

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:56 p.m. the House adjourned.

Karen Gerdes, Chief Clerk