House Journal 02/06/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

NINETEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 6, 2006

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

The prayer was offered by the Chaplain, Pastor Mike Bishop, followed by the Pledge of Allegiance led by House page Lacie Hoffman.

Roll Call: All members present except Rep. Dykstra who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the eighteenth 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.

The oath of office was administered by Speaker Michels to the following named pages:

Ellen Bastian, Chelsey Gassman, April Gross, Ashley Hill, Lacie Hoffman, Joe Mesteth, Jr., Isaac Randall, Jared Tidemann, Ashley Uthe, Ashley Vanneman, Renelle White Buffalo, Anna Wiese

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1143 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1148 and tabled the same.

Respectfully submitted,
J.E. “Jim” Putnam, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1132, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1132ja

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

" Section 1. That chapter 34-23B be amended by adding thereto a NEW SECTION to read as follows:

Any physician, physician's assistant, nurse, nurse practitioner, nurse midwife, counselor, social worker, licensed or registered child welfare provider, employee or volunteer of a domestic abuse center, chemical dependency counselor, or safety sensitive position as defined in subdivision 23-3-64(2) who provides services to a pregnant woman may make a referral to a prevention or treatment program accredited pursuant to chapter 34-20A if the provider has information that a pregnant woman is engaging in the abusive use of alcohol or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B. Any such provider, who, in good faith, makes a referral to a prevention or treatment program accredited pursuant to chapter 34-20A of a pregnant woman engaging in abusive use of alcohol, abusive use of a lawfully prescribed controlled substance, or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the referral. This immunity also extends to any public official involved in the investigation of such conduct or to any person described in this section who in good faith cooperates with any public official in an investigation. Any referral pursuant to this section is permissive and nothing in this section requires the making of any referral."

1132jta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "create immunity for reporting prenatal alcohol or substance abuse.".

On page 1 , delete lines 2 and 3 .

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 1149 and returns the same with the recommendation that said bill be amended as follows:

1149ra

On page 5 of the printed bill, delete lines 13 to 18 , inclusive.

1149rb

On page 5, line 22 of the printed bill, delete " 49-38-2(1) or (6) " and insert " 40-38-2(1) or (6) ".

On page 8 , line 20, delete " Class 2 " and insert " Class 1 ".

1149ja

On page 6, line 5 of the printed bill, remove the overstrikes from " ~~(a)~~ " .

On page 6 , line 9, remove the overstrikes from " ~~. An~~ " .

On page 6 , remove the overstrikes from lines 10 and 11 .

On page 6 , remove the overstrikes from lines 13 to 17 , inclusive.

1149rd

On page 3, line 23 of the printed bill, delete " domestic violence " .

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On page 4, line 11 of the printed bill, delete " snowgate " and insert " interstate highway gate ".

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 1218 and returns the same with the recommendation that said bill be amended as follows:

1218ra

On page 1, line 5 of the printed bill, delete " Four " and insert "Eight".

On page 1 , line 6, delete " speaker of the House of Representatives, four members shall be " and insert "Executive Board of the Legislative Research Council".

On page 1 , line 7, delete " appointed by the president pro tempore of the Senate " .

On page 1 , line 10, delete " thirty " and insert "sixty".

On page 2 , line 2, after " force " insert "who shall be members of the Legislature".

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 1216 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 78 and 101 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 56 and 182 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 42 and 54 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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 14, 91, 119, and 180 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1030 and 1107 which have passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Deadrick moved that the House do not concur in Senate amendments to HB 1006 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Deadrick, Howie, and Sigdestad.

HCR 1005 Introduced by: Representatives Hunt, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Deadrick, Dennert, Dykstra, Elliott, Faehn, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Halverson, Hargens, Haverly, Heineman, Hennies, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, Michels, Miles, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Rave, Rhoden, Roberts, Rounds, Sebert, Sigdestad, Street, Thompson, Turbiville, Van Etten, Van Norman, Wick, and Willadsen and Senators Bogue, Adelstein, Apa, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Nesselhuf, Olson (Ed), Peterson (Jim), Smidt, Sutton (Dan), and Sutton (Duane)

A CONCURRENT RESOLUTION, Supporting a Taiwan-United States free trade agreement.

WHEREAS, Taiwan and the United States enjoy one of the most important economic and strategic international relationships; and

WHEREAS, together, Taiwan and the United States promote a shared faith and respect for freedom, democracy, and free market principles; and

WHEREAS, Taiwan and the United States have worked hand-in-hand to preserve peace and stability within the Asia-Pacific region and to help improve the lives of their citizens and people around the world; and

WHEREAS, trade between Taiwan and the United States has increased significantly during the past decades, with the United States being Taiwan's second largest source of imports and Taiwan being the eighth largest trading partner of the United States; and

WHEREAS, Taiwan is a major trading partner with the United States and also an important overseas market for United States agricultural products, and given the remarkable economic performance of Taiwan and the strong purchasing power of its twenty-three million people, there are many opportunities to further expand bilateral trade between the United States and Taiwan; and

WHEREAS, streamlined foreign investment procedures developed under a Taiwan-United States free trade agreement would lead to further investment by firms in both Taiwan and the United States and would create new business opportunities and new jobs; and

WHEREAS, a Taiwan-United States free trade agreement would encourage greater innovations and manufacturing efficiencies by stimulating joint technological development, practical applications, and new cooperative ventures; and

WHEREAS, a recent study by the United States International Trade Commission supports the negotiation of a Taiwan-United States free trade agreement to further boost trade between the two countries and serve the broader interests of the United States in the Asia-Pacific region:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- first Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature hereby supports the negotiations of a Taiwan-United States free trade agreement.

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

Rep. Haley moved that the Committee on State Affairs be instructed to deliver HB 1245 to the floor of the House, pursuant to Joint Rule 7-7.

A roll call vote was requested and supported.

The question being on Rep. Haley's motion that the Committee on State Affairs be instructed to deliver HB 1245 to the floor of the House, pursuant to Joint Rule 7-7.

And the roll being called:

Yeas 18, Nays 51, Excused 1, Absent 0

Yeas:
Bradford; Dennert; Elliott; Gassman; Glenski; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

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

Excused:
Dykstra

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

HONORED GUESTS

Rep. Rounds introduced Ron, Marnie, Shaina, and Abby Farris from Pierre, South Dakota, as the 2005-2006 Easter Seals South Dakota family of the year.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1210 as found on page 365 of the House Journal ; also

Judiciary on HB 1185 as found on pages 365 to 367 of the House Journal ; also

Education on HB 1194 as found on page 367 of the House Journal ; also

Education on HB 1217 as found on page 368 of the House Journal ; also

Appropriations on HB 1103 as found on pages 368 and 369 of the House Journal ; also

Appropriations on HB 1237 as found on page 369 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 14: FOR AN ACT ENTITLED, An Act to revise certain residency requirements regarding the eligibility for admission to the State Veterans' Home.

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

SB 91: FOR AN ACT ENTITLED, An Act to remove the requirement of providing social security numbers in certain probate matters.

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

SB 119: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the use of the emergency rule adoption procedure.

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

SB 180: FOR AN ACT ENTITLED, An Act to require consumer reporting agencies to provide security freezes for consumers who are victims of identity theft.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1135: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to domestic limited liability companies, domestic limited liability partnerships, and the appointment of certain agents.

Was read the second time.

The question being “Shall HB 1135 pass?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Dykstra

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 74: FOR AN ACT ENTITLED, An Act to repeal the Game, Fish and Parks Commission exemption relating to small business impact statements.

Was read the second time.

The question being “Shall SB 74 pass?”

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; 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

Nays:
Glenski

Excused:
Dykstra

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 75: FOR AN ACT ENTITLED, An Act to rescind the repeal of certain provisions relating to small business impact statements.

Was read the second time.

The question being “Shall SB 75 pass?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Dykstra

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 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 reconsideration 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 33, Nays 36, Excused 1, Absent 0

Yeas:
Bradford; Cutler; Davis; Deadrick; Dennert; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Koistinen; Kroger; Lange; Miles; Murschel; Nelson; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Valandra; Van Etten; Van Norman

Nays:
Boomgarden; Brunner; Buckingham; Faehn; Frost; Hackl; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Tidemann; Tornow; Turbiville; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dykstra

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

Rep. Hargens announced his intention to reconsider the vote by which HB 1114 lost.

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.

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

1141jc

Rep. Murschel moved that HB 1141 be amended as follows:

On page 3, line 16 of the House Health and Human Services Committee engrossed bill, remove the overstrikes from " ~~and their~~ " .

On page 3 , line 17, remove the overstrikes from " ~~respective levels of qualification~~ " .

On page 3 , line 22, delete " and " .

On page 4 , line 1, after " Act " insert " , and to establish qualifications for interpreters serving in medical, educational, or legal settings ".

Which motion prevailed.

The question being “Shall HB 1141 pass as amended?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Dykstra

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.

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

1160cd

Rep. Brunner moved that HB 1160 be amended as follows:

On the House Education Committee engrossed bill, delete everything after the enacting clause and insert:

"
Section 1. That chapter 13-28 be amended by adding thereto a NEW SECTION to read as follows:

The resident school district of a child excused from school attendance pursuant to § 13-27-2 shall admit that child to a public school in the district upon request from the child's parent or legal guardian. However, this requirement may be waived if the school district files an application with the secretary of the Department of Education stating the reasons why the child cannot be enrolled, and the waiver is granted. A child enrolled in a school district pursuant to this section may be enrolled in a school of the district on only a partial basis and shall continue to also receive alternative instruction pursuant to § 13-27-3.

The secretary of the Department of Education shall promulgate rules pursuant to chapter 1- 26 to establish the waiver application process and the standards for granting waivers.

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

For the purposes of state aid to education, a student enrolled pursuant to this Act shall be counted in a school's average daily membership as defined in subdivision 13-13-10.1 (1) in a proportion equal to the share of the student's enrollment at the school.

Section 3. That § 13-28-41 be amended to read as follows:

13-28-41. A school district shall grant a request for a transfer into the district or within the district unless the transfer would result in an inability to provide a quality educational program based on criteria established by the district pursuant to § 13-28-44.

In addition, a school district shall grant a request to admit into the district a child who is a resident of another district and who is excused from attending school in the resident district pursuant to § 13-27-2 unless the admittance would result in an inability to provide a quality educational program based on criteria established by the district pursuant to § 13-28-44. Any such admittance, however, may only include enrollment in the new district on a partial basis, and the child shall also receive alternative instruction pursuant to § 13-27-3. "

Rep. Hargens requested that Joint Rule 5-17 be invoked on HB 1160.

Which request was supported and HB 1160 with Rep. Brunner's pending motion to amend was deferred until Wednesday, February 8^th, the 21^st legislative day.

HB 1186: FOR AN ACT ENTITLED, An Act to provide a procedure for implementing the standard visitation guidelines.

Was read the second time.

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Rep. Murschel moved that HB 1186 be amended as follows:

On page 1, line 6 of the House Judiciary Committee engrossed bill, delete " or custody " and insert ", custody, or child support".

On page 1 , line 9, after " mail " delete " and " and insert ". If either party objects to the imposition of the standard guidelines within ten days of service, the court".

Which motion prevailed.

The question being “Shall HB 1186 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; 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; 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:
Dykstra; 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 1205: FOR AN ACT ENTITLED, An Act to provide for an exemption to the records search fee for attorneys of record.

Was read the second time.

1205ja

Rep. Deadrick moved that HB 1205 be amended as follows:

On page 1 of the House Judiciary Committee engrossed bill, delete line 12 , and insert " requested by an attorney of record or any member of the attorney of record's law firm or staff. ".

Which motion prevailed.

The question being “Shall HB 1205 pass as amended?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

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

Nays:
Boomgarden; Novstrup

Excused:
Dykstra; 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 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the allocation of nonresident big game hunting licenses.

Was read the second time.

The question being “Shall HB 1172 pass?”

And the roll being called:

Yeas 64, Nays 5, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Cutler; Deadrick; Dennert; Elliott; Faehn; 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; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Buckingham; Davis; Frost; Street

Excused:
Dykstra

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 1212: FOR AN ACT ENTITLED, An Act to revise certain provisions related to limited big game hunting licenses for landowners.

Was read the second time.

The question being “Shall HB 1212 pass?”

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

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

Nays:
Street

Excused:
Dykstra

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 1184: FOR AN ACT ENTITLED, An Act to provide that health care providers and institutions need not participate in certain health care services.

Was read the second time.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being “Shall HB 1184 pass?”

And the roll being called:

Yeas 34, Nays 35, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Deadrick; Faehn; Glenski; Hackl; Haverly; Heineman; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; Pederson (Gordon); Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tornow; Van Etten; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Cutler; Davis; Dennert; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Hills; Hunhoff; Klaudt; Kroger; McLaughlin; Murschel; O'Brien; Olson (Ryan); Peters; Putnam; Roberts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle

Excused:
Dykstra

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

Rep. Van Etten announced his intention to reconsider the vote by which HB 1184 lost.

HB 1224: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prior approval of premium rates for certain health benefit plans.

Was read the second time.

The question being “Shall HB 1224 pass?”

And the roll being called:

Yeas 53, Nays 16, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Faehn; Frost; Fryslie; Garnos; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Kroger; Miles; Novstrup; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Dykstra

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 1229: FOR AN ACT ENTITLED, An Act to revise the classification of certain real property used for residential purposes.

Was read the second time.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being “Shall HB 1229 pass?”

And the roll being called:

Yeas 17, Nays 52, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Cutler; Dennert; Elliott; Gassman; Hackl; Jensen; Jerke; Lange; McLaughlin; Murschel; Novstrup; Valandra; Van Norman; Weems; Wick

Nays:
Bradford; Buckingham; Davis; Deadrick; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Klaudt; Koistinen; Kraus; Krebs; Kroger; McCoy; Miles; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Willadsen; Speaker Michels

Excused:
Dykstra

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

HB 1162: FOR AN ACT ENTITLED, An Act to provide for restitution to the state for expenses incurred in investigating false claims related to pesticide use.

Was read the second time.

The question being “Shall HB 1162 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Dykstra; Weems

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 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding payday loans.

Was read the second time.

The question being “Shall HB 1209 pass as amended?”

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

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

Nays:
Valandra

Excused:
Dykstra

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. Cutler moved that the title to HB 1209 be amended as follows:

On page 1, line 1 of the printed bill, delete " payday loans " and insert "money lending".

Which motion prevailed and the title was so amended.

HB 1069: FOR AN ACT ENTITLED, An Act to prohibit the public sale of tax certificates.

Was read the second time.

Rep. Rhoden moved that HB 1069 be deferred to Tuesday, February 7^th, the 20^th legislative day.

Which motion prevailed.

HB 1110: FOR AN ACT ENTITLED, An Act to provide compensation to certain retailers for collecting and remitting the sales tax.

Was read the second time.

The question being “Shall HB 1110 pass as amended?”

And the roll being called:

Yeas 63, Nays 6, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; 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; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Weems; Wick; Willadsen; Speaker Michels

Nays:
Davis; Deadrick; Hackl; Olson (Ryan); Putnam; Vehle

Excused:
Dykstra

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 1154: FOR AN ACT ENTITLED, An Act to impose an excise tax on the gross receipts from the sale and use of farm machinery, farm attachment units, and irrigation equipment, to exempt the gross receipts from the sale of farm machinery, farm attachment units, and irrigation equipment from sales and use tax, and to declare an emergency.

Was read the second time.

Rep. Rhoden moved that HB 1154 be deferred to Tuesday, February 7^th, the 20^th legislative day.

Which motion prevailed.

Speaker Pro tempore Deadrick now presiding.

HB 1060: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund and the special education tax levy of a school district.

Was read the second time.

The question being “Shall HB 1060 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; 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; 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:
Dykstra; Gillespie; Howie

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 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to educational benefits for spouses of members of the South Dakota National Guard.

Was read the second time.

The question being “Shall HB 1247 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dykstra; Gillespie; Howie; Schafer

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 1019: FOR AN ACT ENTITLED, An Act to revise and redirect certain revenues relating to the state capital construction fund, the ethanol fuel fund, the state highway fund, the water and environment fund, and the state general fund.

Was read the second time.

Rep. Rhoden moved that HB 1019 be deferred to Wednesday, February 8^th, the 21^st legislative day.

Which motion prevailed.

HB 1038: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and certain dentists who have complied with the requirements of the physician tuition reimbursement program and the dental tuition reimbursement program.

Was read the second time.

The question being “Shall HB 1038 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Dykstra; Gillespie

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 1055: FOR AN ACT ENTITLED, An Act to appropriate money for trade representation in China, and to declare an emergency.

Was read the second time.

Rep. Rhoden moved that HB 1055 be deferred to Tuesday, February 7^th, the 20^th legislative day.

Which motion prevailed.

HB 1239: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1239 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Dykstra; Gillespie

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 1243: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.

Was read the second time.

The question being “Shall HB 1243 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Dykstra; Gillespie

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.

Speaker Michels now presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 32, 11, 12, 71, and 77 be deferred to Tuesday, February 7^th, the 20^th legislative day.

Which motion prevailed.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. McNenny, Peterson, and Napoli as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1006.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1030, 1065, 1074, and 1107 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1005, 1042, 1048, 1049, 1050, 1051, 1053, 1064, and 1139 were delivered to his Excellency, the Governor, for his approval at 9:55 a.m., February 6, 2006.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1025, 1041, 1056, 1068, 1073, 1078, 1095, 1104, and 1121 were delivered to his Excellency, the Governor, for his approval at 3:30 p.m., February 6, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1030: FOR AN ACT ENTITLED, An Act to permit persons in the armed services and certain family members to acquire a turkey license under certain circumstances.

HB 1065: FOR AN ACT ENTITLED, An Act to extend immunity to certain directors, trustees, committee members and officers of certain nonprofit corporations and to members of certain advisory boards.

HB 1074: FOR AN ACT ENTITLED, An Act to provide for recognition of certain stalking or physical violence protection orders as foreign domestic violence orders.

HB 1107: FOR AN ACT ENTITLED, An Act to clarify the definition of a salvage vehicle.

SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the publication of facsimile ballots.

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.

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

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

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

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:13 p.m. the House adjourned.

Karen Gerdes, Chief Clerk