The prayer was offered by the Chaplain, Pastor Larry Cass, followed by the Pledge of
Allegiance led by House pages Allison LaFave and Paul Rann.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the seventeenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 3, 2006, I approved House Bills 1002, 1003,
1008, 1033, 1063, and 1094, and the same have been deposited in the office of the Secretary of
State.
Respectfully submitted,
M. Michael Rounds
Governor
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB
1105 and tabled the same.
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1060 and
1247 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
74 and
75 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB
1207 which was deferred to the 36th Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1135 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 Judiciary respectfully reports that it has had under consideration
HB 1210 and returns the same with the recommendation that said bill be amended as follows:
"
Section 31. That
§
21-25A-3
be amended to read as follows:
21-25A-3.
This chapter does not apply to insurance policies and every provision in any such
policy requiring arbitration or restricting a party thereto or beneficiary thereof from enforcing
any right under it by usual legal proceedings in ordinary tribunals or limiting the time to do so
is void and unenforceable. However, nothing in this chapter may be deemed to impair the
enforcement of or invalidate a contractual provision for arbitration entered into between
insurance companies
or a policy issued to an exempt commercial policyholder as defined by
§
58-24-68
.
".
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1185 and returns the same with the recommendation that said bill be amended as follows:
"
Section 1. That
§
55-1B-1
be amended to read as follows:
55-1B-1.
Terms used in this chapter mean:
55-1B-2.
An excluded fiduciary is not liable, either individually or as a fiduciary, for either
of the following:
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1159 which was deferred to the 36th Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
HB 1194 and returns the same with the recommendation that said bill be amended as follows:
"
The Committee on Education respectfully reports that it has had under consideration
HB 1217 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB
1168 and
1213 which were deferred to the 36th Legislative Day.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB
1019,
1038,
1055,
1239, and
1243 and returns the same with the recommendation that said
bills do pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1103 and returns the same with the recommendation that said bill be amended as follows:
"
Section 1. There is hereby appropriated from the
state general
fund the sum of three hundred
sixty thousand dollars ($
360,000
), or so much thereof as may be necessary, to the Department
of Education for the maintenance and repair of buildings of postsecondary technical institutes.
Moneys may be distributed after the secretary of the Department of Education has received a
schedule of tuition, fees, and other charges from each postsecondary technical institute which
indicates that a maintenance and repair fee of one dollar per credit hour has been imposed.
Section 2. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1237 and returns the same with the recommendation that said bill be amended as follows:
I have the honor to return herewith HB 1025, 1041, 1056, 1068, 1073, 1078, 1095, 1104,
and 1121 which have passed the Senate without change.
I have the honor to return herewith HB 1006 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SB 49, 64, 130, 166, and 183 which have passed the
Senate and your favorable consideration is respectfully requested.
HOUSE PAGE RESOLUTION 2 Introduced by: Representatives Boomgarden; Bradford;
Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie;
Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens;
Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen;
Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Michels; 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
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Eighty-first Legislature of the State of South Dakota to Abbi Davelaar, Jaleesa
Hageman, Brittany Hooker, Allison LaFave, Daniel Meyer, John Michels, Paul Rann,
Emily Tschetter, Roderic Van Dusseldorp, Leigha Veurink, Stephanie Whitlock, Jennifer
Wynia.
WHEREAS, the above named served loyally as pages for the House of Representatives
of the Eighty-first Legislative Session; and
WHEREAS, the members of the Eighty-first House of Representatives express their most
sincere appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-
first Legislature of the State of South Dakota, that a personal copy of this commemoration be
duly certified and furnished to each page on this last day of service.
Rep. Rhoden moved that House Page Resolution 2 be adopted.
Which motion prevailed and the resolution was adopted.
Rep. Van Etten moved that the House do concur in Senate amendments to HB 1065.
The question being on Rep. Van Etten's motion that the House do concur in Senate
amendments to HB 1065.
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Cutler moved that the House do concur in Senate amendments to HB 1074.
The question being on Rep. Cutler's motion that the House do concur in Senate
amendments to HB 1074.
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt;
Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; 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
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Yesterday, Rep. Pederson announced his intention to reconsider the vote by which
HB 1114 passed.
Rep. Pederson moved that the House do now reconsider the vote by which HB 1114
passed.
The question being on Rep. Pederson's motion to reconsider the vote by which HB 1114
passed.
And the roll being called:
Yeas:
Boomgarden; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Hackl;
Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Kraus; Krebs; McCoy;
McLaughlin; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave;
Rhoden; Schafer; Sebert; Tidemann; Tornow; Turbiville; Vehle; Weems; Wick; Willadsen;
Speaker Michels
Nays:
Bradford; Brunner; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Haley;
Halverson; Hargens; Hennies; Klaudt; Koistinen; Kroger; Lange; Miles; Murschel; Nelson;
O'Brien; Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Etten; Van Norman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1114 was up for reconsideration and final passage.
Rep. Pederson moved that HB 1114 be placed on the calendar of Monday, February 6th, the
19th legislative day.
Which motion prevailed.
Rep. Rhoden moved that the reports of the Standing Committees on
Agriculture and Natural Resources on HB 1162 as found on page 338 of the House Journal
;
also
Commerce on HB 1209 as found on page 339 of the House Journal
; also
Taxation on HB 1069 as found on pages 339 and 340 of the House Journal
; also
Taxation on HB 1110 as found on page 340 of the House Journal
; also
Taxation on HB 1154 as found on pages 340 to 343 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 49:
FOR AN ACT ENTITLED, An Act to
modify the requirements for health discount
plans.
Was read the first time and referred to the Committee on Commerce.
SB 64:
FOR AN ACT ENTITLED, An Act to
repeal certain outdated statutorily created
funds.
Was read the first time and referred to the Committee on Government Operations and
Audit.
SB 130:
FOR AN ACT ENTITLED, An Act to
impose the 911 monthly telephone
surcharge to prepaid telephone calling services.
Was read the first time and referred to the Committee on Commerce.
SB 166:
FOR AN ACT ENTITLED, An Act to
adopt the Uniform Athlete Agents Act.
Was read the first time and referred to the Committee on Commerce.
SB 183:
FOR AN ACT ENTITLED, An Act to
provide for distinctive motor vehicle
license plates for certain military veterans.
Was read the first time and referred to the Committee on Transportation.
HB 1141:
FOR AN ACT ENTITLED, An Act to
provide standards for interpreting for the
deaf and hard-of-hearing by requiring national interpreter certification and to repeal the state
certification process and replace it with registration.
Was read the second time.
Rep. Murschel requested that HB 1141 be removed from the Consent Calendar.
Which request was granted.
Was read the second time.
The question being Shall HB 1182 pass?
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hanks; Hargens; Haverly; Heineman; 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
Nays:
Hennies
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 13:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
publication of facsimile ballots.
Was read the second time.
The question being Shall SB 13 pass?
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt;
Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; 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
HB 1113:
FOR AN ACT ENTITLED, An Act to
exempt claims related to wildland fire
operations outside the state from certain workers' compensation provisions.
Having had its second reading was up for consideration and final passage.
"
The question being Shall HB 1113 pass as amended?
And the roll being called:
Yeas 65, Nays 5, Excused 0, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost;
Fryslie; Garnos; Gassman; Gillespie; Glenski; 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:
Bradford; Elliott; Glover; Haley; Thompson
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.
Which motion prevailed.
HB 1246:
FOR AN ACT ENTITLED, An Act to
authorize the state to join an interstate
compact for the prevention and control of forest fires.
Was read the second time.
The question being Shall HB 1246 pass?
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra;
Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt;
Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; 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
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 1160, 1186, 1205, 1172, 1212, 1184, 1224, and 1229 and
SB 32, 11, 12, 71, and 77 be deferred to Monday, February 6th, the 19th legislative day.
Which motion prevailed.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1025, 1041, 1056, 1068, 1073, 1078, 1095, 1104, and
1121 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1025:
FOR AN ACT ENTITLED, An Act to
revise state aid to special education.
HB 1041:
FOR AN ACT ENTITLED, An Act to
allow for denial, suspension, or
revocation of emergency medical technician certificates for past gross incompetence and for
unprofessional or dishonorable conduct.
HB 1056:
FOR AN ACT ENTITLED, An Act to
permit municipalities to delegate to
employees the authority to enter into certain contracts on behalf of the municipality.
HB 1068:
FOR AN ACT ENTITLED, An Act to
require the names of certain parties to be
listed in instruments recorded by the register of deeds.
HB 1073:
FOR AN ACT ENTITLED, An Act to
revise the circumstances under which
certain arrests may be effected without warrant.
HB 1078:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
bonding of township clerks and treasurers.
HB 1095:
FOR AN ACT ENTITLED, An Act to
clarify the elements of the crime of
impersonating another.
HB 1104:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of
eavesdropping.
HB 1121:
FOR AN ACT ENTITLED, An Act to
revise notification requirements for
certain planning and zoning changes.
And signed the same in the presence of the House.
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
1:54 p.m. the House adjourned.