House Journal 02/07/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 7, 2006

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

The prayer was offered by the Chaplain, Pastor Ruth Ann Loughry, followed by the Pledge of Allegiance led by House pages Chelsey Gassman, April Gross, and Joe Mesteth, Jr.

Roll Call: All members present.

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 nineteenth 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 7, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 6, 2006, I approved House Bills 1042, 1048, 1049, 1050, 1051, 1053, 1064, and 1139, and the same have 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 Commerce respectfully reports that it has had under consideration HB 1197 and returns the same with the recommendation that said bill be amended as follows:

1197oa

On page 2, line 10 of the printed bill, after " individual. " insert " However, this subdivision shall apply to payments made under Title II of the Social Security Act or the Railroad Retirement Act of 1974 until the balance of the unemployment trust fund reaches twenty million dollars. ".

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 1092 and tabled the same.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1131 and 1187 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1146 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1128 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 1129 and returns the same with the recommendation that said bill be amended as follows:

1129fa

On page 2, after line 5 of the printed bill, insert:

"
Section 3. That § 13-13-20.4 be amended to read as follows:

13-13-20.4. The actual assessed valuation of any property given a reduced valuation pursuant to §§ 10-6-35.1, 10-6-35.2, 10-6-35.4, 10-6-35.21, 10-6-35.22, 10-6-35.24, 10-6-35.25, 10-6-54, 10-6-55, 10-6-66, and 10-6-67 shall be used when calculating state aid to education. For any property given a reduced valuation after November 1995, pursuant to §§ 10-6-35.1, 10- 6-35.2, 10-6-35.4, 10-6-35.21, 10-6-35.22, 10-6-35.24, 10-6-35.25, 10-6-54, 10-6-55, 10-6-66, and 10-6-67 that has not previously received a reduced valuation pursuant to these statutes, the portion of actual assessed valuation of the property used when calculating state aid to education shall be twenty percent in the first year, forty percent in the second year, sixty percent in the third year, eighty percent in the fourth year, and one hundred percent each year thereafter. In addition, the actual assessed valuation of any property given exempt status pursuant to section 1 of this Act shall be used when calculating state aid to education. ".

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 1232 and returns the same with the recommendation that said bill be amended as follows:

1232fa

On page 1, line 9 of the printed bill, delete everything after " form. " and insert " A person failing to comply with the April first deadline for the previous year, but otherwise qualifying for the real property tax assessment freeze provided under this chapter, may petition the board of county commissioners to recalculate the taxes based on the valuation the person would have received under this program and abate the difference in taxes .".

On page 1 , delete lines 10 to 12 , inclusive.

On page 1 , after line 12, insert:
"
Section 2. That § 10-18-2 be amended by adding thereto a NEW SUBDIVISION to read as follows:

The board may abate or refund the taxes pursuant to section 1 of this Act.".

And that as so amended said bill do pass.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 109 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 97 and 146 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 Local Government respectfully reports that it has had under consideration HB 1233, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1233fta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "provide for the establishment and operation of artisan distillers and to revise certain provisions concerning farm wineries.".

On page 1 , delete line 2 .

1233fb

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

Section 1. Terms used in this Act mean:

(1) "Artisan distiller," an artisan distiller located in South Dakota that produces fifty thousand gallons or less of distilled spirits annually;

(2) "Department," the Department of Revenue and Regulation;

(3) "Farm Winery," any winery licensed pursuant to chapter 35-12;

(4) "Distilled spirits sample or liquor sample," any sample of distilled spirits given with or without charge to a customer, visitor, or tourist, but does not include amounts consumed or tested as a part of production, or given to employees, directors, members, owners, consultants, or paid taste panels as a part of product development, product production, or marketing research;

(5) "Produces," the distillation of distilled spirits on the premises of the artisan distiller licensee.

Section 2. The secretary of the Department of Revenue and Regulation may issue an artisan distiller license to the owner or operator of an artisan distiller located within the state. A license may be issued and renewed for an annual fee of five hundred dollars, which is in lieu of all other license fees required by chapter 35-4. The fee shall be deposited in the general fund.

Section 3. The department may, upon receipt of an application, issue an artisan distiller license to a person who is authorized under the provisions of the Federal Alcohol Administration Act, 27 U.S.C. § § 201 to 212, inclusive, as of January 1, 2006. A licensee may import, manufacture, distill, rectify, blend, process, denature, sell, transport, and store distilled spirits of an alcoholic content greater than seventeen percent alcohol by weight and may transport the distilled spirits out of this state for sale outside this state. A licensee may sell alcoholic beverages as provided in section 6 of this Act.

Section 4. No agricultural producer, association of agricultural producers, or legal agent who manufactures and converts agricultural surpluses, byproducts, or wastes into denatured ethyl and industrial alcohol for purposes other than human consumption is required to obtain an artisan distiller license.

Section 5. An artisan distiller that produces distilled spirits within the state pursuant to section 2 of this Act shall maintain records of all sales and shipments. The artisan distiller shall furnish the department a monthly and other reports concerning quantities and prices of distilled spirits shipped and other information that the department determines to be necessary to ensure that the distribution of distilled spirits within this state conforms to the requirements of this Act.

Section 6. An artisan distiller licensed pursuant to this Act may:

(1) Import necessary products in bulk;

(2) Bottle, produce, blend, store, transport, or export distilled spirits that the artisan distiller produces;

(3) Perform any operation that is permitted for bonded artisan distiller premises under applicable regulations of the United States Department of the Treasury;

(4) Provide, with or without charge, not more than four ounces of any distilled spirits sample that the artisan distiller produces at that location for consumption on the premises between twelve noon to twelve midnight;

(5) Provide without charge more than four ounces of any distilled spirits sample that the artisan distiller produces at that location to employees, directors, members, owners, shareholders, paid consultants, or paid taste panels as long as the sample is used for the purposes of product research or product development;

(6) Sell distilled spirits, if produced, manufactured, blended, or processed at that artisan distiller, at retail to any person for off-premises consumption. However, no artisan distiller may sell more than three and one-half liters per day to any person. However, an artisan distiller may sell more than three and one-half liters per day if the artisan distiller holds a license an off-sale license pursuant to subdivision 35-4-2(3);

(7) Sell distilled spirits aging or to be aged at the premises or at a licensed warehouse operated by the artisan distiller in advance of the bottling of that distilled spirits, provided that delivery of that distilled spirits does not exceed three liters per day per person. Any advanced sale delivered by a distributor licensed pursuant to chapter 35- 2 is not limited by this section;

(8) Sell and transport distilled spirits to a farm winery made from product from the respective farm winery;

(9) Hold on the premises where the distilled spirits is produced, an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) or pursuant to the license issued pursuant to section 2 of this Act;

(10) Hold on the premises where the distilled spirits is produced, an off-sale license issued pursuant to subdivision 35-4-2(5) or (19) or pursuant to the license issued pursuant to section 2 of this Act.

Section 7. Except as otherwise specified in this Act, all provisions of this title apply to the production, sale, possession, and consumption of distilled spirits produced by an artisan distiller.

Section 8. Notwithstanding the provisions of § 35-2-6.4, any person employed by or with an interest in a business that holds a license pursuant to subdivisions 35-4-2(2), (3), (4), (5), (6), (12), (13), (16), (17), (18), and (19) may have an interest of ten percent or less in an artisan distiller provided that the total percent of ownership of an artisan distiller by persons with such interest does not exceed forty-nine percent.

Section 9. There is hereby levied on all distilled spirits manufactured or produced by a South Dakota artisan distillery an excise tax imposed at the same rates and collected and administered in the same manner as the tax imposed on distilled spirits in chapter 35-5.

Section 10. The excise tax on distilled spirits established in section 9 of this Act shall be paid to the secretary of the Department of Revenue and Regulation on or before the fifteenth day of the month following the month in which the first sale is made in this state by a licensed farm winery and shall be deposited in the general fund. The artisan distillery licensee shall file with the secretary a return in the form prescribed by the secretary, and shall keep records and render reports required by the secretary in rules promulgated pursuant to chapter 1-26.

Section 11. A farm winery may sell for off sale consumption up to one liter per person per day of distilled spirits made from product provided by that winery and purchased from an artisan distiller pursuant to this Act.

Section 12. A farm winery licensed pursuant to chapter 35-12 may provide, with or without charge, not more than two ounces of distilled spirits samples produced at an artisan distiller pursuant to this Act to any person for consumption on the premises between twelve noon and twelve midnight.

Section 13. An artisan distiller or farm winery which receives less then ten dollars a month from the tax on the sale of distilled spirits samples is not required to file a return or pay the tax under Title 35.

Section 14. Any artisan distiller or farm winery who owe taxes amounting to less than one hundred dollars per month on an annual average may be permitted by the department to report any pay the tax on a semiannual basis or other time period and in such manner as deemed reasonable by the department.

Section 15. That § 35-2-6.3 be amended to read as follows:

35-2-6.3. Any distiller, manufacturer, wholesaler, or retailer licensee under this title ~~must~~ , except as provided in this Act, shall be the owner or actual lessee of the premises where the business is to be conducted and the sole owner of the business to be operated under such license. "

1233ff

On the previously adopted amendment (1233fb), in Section 6, subdivision (7), after "three" insert "and one-half".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be amended as follows:

118fa

On page 1, line 11 of the printed bill, after " A " insert " current ".

118fb

On page 1, line 13 of the printed bill, overstrike " , located within the State of South Dakota " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 90 and returns the same with the recommendation that said bill be amended as follows:

90oa

On page 2, after line 4 of the printed bill, insert:

"
Section 2. That § 43-28-23 be amended to read as follows:

43-28-23. Any real estate document recorded with the register of deeds, except for plats, shall:

(1) Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that covers up any information or printed material on the document. Any continuous document or any document sheets that are stapled, glued, or bound together are subject to the additional fee established pursuant to subdivision 7-9- 15(1);

(2) Be printed, typewritten, or computer generated ~~in black ink~~ and the print type of the document may not be smaller than 10-point type;

(3) Be on white paper of not less than twenty pound weight;

(4) Contain a blank space at the top measuring no less than three inches as measured from the top of the first page. The right half shall be used by the register of deeds for recording information and the left half shall be used by the document preparer as required pursuant to § 7-9-1 and may include a return designation and address. All other margins shall be a minimum of one inch;

(5) Have a title prominently displayed at the top of the first page below the blank space referred to in subdivision (4) of this section;

(6) Be sufficiently legible to reproduce a readable copy using the register of deed's current method of reproduction; and

(7) Conform to the standards provided in this section or be subject to the increased fees as provided in § 7-9-15.

However, the register of deeds may not charge an increased fee for any document that has a seal or stamp in a margin. Any affidavit of publication, corner record, survey, certified court or governmental document, and UCC form recorded against real estate is exempt from the provisions of this section. Any plat or survey and certified vital record attached to documents is also exempt from the provisions of this section.

The provisions of this section do not apply to any real estate document prepared and executed prior to July 1, 2002. ".

90ota

On page 1, line 1 of the printed bill, after " plats " insert "and the format standards for certain real estate documents recorded with the register of deeds".

And that as so amended 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 1222 and 1236 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill be amended as follows:

1079ca

On page 1, line 6 of the printed bill, after " July " insert "or the student is twenty-one years of age or older and is admitted to the school district pursuant to § 13-28-8".

On page 1 , line 10, after " minor " insert "or an adult admitted to the district pursuant to § 13-28-8".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1234 and returns the same with the recommendation that said bill be amended as follows:

1234ca

On page 1, line 6 of the printed bill, delete " seven " and insert " six ".

And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1012, 1014, 1032, 1034, 1086, 1123, and 1130 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1029 and 1190 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 61, 100, 151, 152, 184, 200, 201, 204, and 205 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

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

Rep. Hargens moved that the House do now reconsider the vote by which HB 1114 lost.

The question being on Rep. Hargens' motion to reconsider the vote by which HB 1114 lost.

And the roll being called:

Yeas 35, Nays 34, Excused 1, Absent 0

Yeas:
Bradford; Cutler; Davis; Deadrick; Dennert; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hennies; Jensen; Jerke; Klaudt; Koistinen; Krebs; Kroger; Lange; Miles; Murschel; O'Brien; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Valandra; Van Etten; Van Norman

Nays:
Boomgarden; Brunner; Buckingham; Dykstra; Faehn; Frost; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Kraus; McCoy; McLaughlin; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Sebert; Tidemann; Tornow; Turbiville; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Nelson

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

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

Rep. Van Etten moved that the House do now reconsider the vote by which HB 1184 lost.

The question being on Rep. Van Etten's motion to reconsider the vote by which HB 1184 lost.

And the roll being called:

Yeas 30, Nays 39, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Deadrick; Dykstra; Faehn; Frost; Glenski; Hackl; Heineman; Howie; Hunt; Jerke; Koistinen; Kraus; Krebs; Miles; Novstrup; Pederson (Gordon); Rave; Rhoden; Rounds; Schafer; Sebert; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Michels

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

Excused:
Nelson

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

HCR 1005: A CONCURRENT RESOLUTION, Supporting a Taiwan-United States free trade agreement.

Rep. Hunt moved that HCR 1005 as found on pages 383 and 384 of the House Journal be adopted.

The question being on Rep. Hunt's motion that HCR 1005 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; 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:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

HCR 1006 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, and Willadsen and Senators Smidt, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Sutton (Dan), Sutton (Duane), and Two Bulls

A CONCURRENT RESOLUTION, Urging further support from Secretary Donald Rumsfeld and the United States Department of Defense for the South Dakota National Guard.

WHEREAS, the South Dakota National Guard is a shared resource between the President and the Governor; and

WHEREAS, the reduction in the number of South Dakota National Guard members by the federal government may have a potentially devastating impact on our guard's ability to perform its mission both at home and abroad; and

WHEREAS, the South Dakota National Guard members have been assisting in areas affected by Hurricane Katrina and in South Dakota in areas affected by the destructive ice storms, as well as assisting with the current global war on terror; and

WHEREAS, it is critical that the South Dakota National Guard have the proper equipment to utilize in training and in response to any of its missions, which in the near future may include responses to a potential pandemic influenza; and

WHEREAS, much of the equipment inventory has been damaged, destroyed, or left in the theater of operations; and

WHEREAS, the reduction in the equipment inventory could have a devastating impact on our national security and the well-being of South Dakota:

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 South Dakota Legislature supports the South Dakota National Guard in the areas of personnel, equipment, and positioning of units and respectively requests the United States Department of Defense to do the same.

Was read the first time and waived the committee referral.

Rep. Hunt moved that the Committee on Judiciary be instructed to deliver HB 1216 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was not supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1132 as found on pages 380 and 381 of the House Journal ; also

Judiciary on HB 1149 as found on pages 381 and 382 of the House Journal ; also

Judiciary on HB 1218 as found on page 382 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 61: FOR AN ACT ENTITLED, An Act to establish the Motor Vehicle Insurance Data Base Task Force and to provide for its composition, scope, and administration.

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

SB 100: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state fund condition statements.

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

SB 151: FOR AN ACT ENTITLED, An Act to define the local government contribution for the construction of an armory.

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

SB 152: FOR AN ACT ENTITLED, An Act to appropriate money for the design and construction of National Guard armories and to declare an emergency.

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

SB 184: FOR AN ACT ENTITLED, An Act to provide for the notification of certain members of the armed forces concerning screening for exposure to depleted uranium.

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

SB 200: FOR AN ACT ENTITLED, An Act to authorize the risk pool board to allow additional enrollees into the risk pool under certain circumstances.

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

SB 201: FOR AN ACT ENTITLED, An Act to revise the risk pool reimbursement method for certain health care providers.

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

SB 204: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

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

SB 205: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2006 regarding the South Dakota opportunity scholarships.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding directed trusts to include custodial accounts.

Was read the second time.

Rep. Hargens requested that HB 1185 be removed from the Consent Calendar.

Which request was granted.

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

Was read the second time.

The question being “Shall SB 42 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; Dykstra; Faehn; Frost; Fryslie; 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

Nays:
Elliott

Excused:
Garnos

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

Was read the second time.

The question being “Shall SB 54 pass?”

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

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

Nays:
Elliott; Kroger; Sigdestad

Excused:
Garnos

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

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

The question being “Shall HB 1069 pass as amended?”

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

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

Nays:
Deadrick

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.

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

The question being “Shall HB 1154 pass as amended?”

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 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.

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

Rep. Dykstra moved that HB 1055 be deferred to Wednesday, February 8^th, the 21^st legislative day.

Which motion prevailed.

HB 1210: FOR AN ACT ENTITLED, An Act to adopt the revised Uniform Arbitration Act and to repeal certain provisions regarding arbitration.

Was read the second time.

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Rep. Rounds moved that HB 1210 be amended as follows:

On page 13, line 9 of the House Judiciary Committee engrossed bill, delete everything after " Section 21. " .

On page 13 , delete lines 10 to 20 , inclusive.

On page 13 , line 21, delete " (d) " .

On page 13 , delete lines 23 and 24 .

On page 14 , delete lines 1 and 2 .

A roll call vote was requested and supported.

The question being on Rep. Rounds' motion that HB 1210 be amended.

And the roll being called:

Yeas 51, Nays 19, Excused 0, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Frost; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; McLaughlin; Miles; Novstrup; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Thompson; Tidemann; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Cutler; Faehn; Garnos; Haley; Hennies; Lange; McCoy; Murschel; Nelson; O'Brien; Olson (Ryan); Roberts; Schafer; Sebert; Sigdestad; Street; Turbiville; Valandra; Van Norman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1210 was so amended.

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Rep. O'Brien moved that HB 1210 be further amended as follows:

On page 13, line 9 of the House Judiciary Committee engrossed bill, delete "(a)".

On page 13 , line 13, delete "(b)".

On page 13 , delete lines 16 to 20 , inclusive.

On page 13 , line 21, delete " (d) " .

On page 13 , line 23, delete " (e) " .

On page 13 , line 23, delete " subsection (a) " and insert "this section".

Rep. Garnos requested that Joint Rule 5-17 be invoked on HB 1210.

Which request was supported and HB 1210 with Rep. O'Brien's pending motion to further amend was deferred until Thursday, February 9^th, the 22^nd legislative day.

HB 1194: FOR AN ACT ENTITLED, An Act to prohibit the distribution of contraceptives to public school students, to prohibit public school employees from referring public school students to abortion or family planning services, and to provide penalties therefor.

Was read the second time.

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Rep. Weems moved that HB 1194 be amended as follows:

On page 2, line 3 of the House Education Committee engrossed bill, after " student " insert "or unless the employee gives express notice to the parent or legal guardian of the student prior to sending, directing, or accompanying the student for abortion or family planning services".

Which motion prevailed.

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Rep. Cutler moved that HB 1194 be further amended as follows:

On page 1 of the House Education Committee engrossed bill, delete lines 10 to 12 , inclusive.

On page 2 , delete lines 1 to 6 , inclusive.

Rep. Rhoden moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Cutler's motion that HB 1194 be further amended.

And the roll being called:

Yeas 37, Nays 33, Excused 0, Absent 0

Yeas:
Boomgarden; Bradford; Cutler; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Jensen; Kroger; McCoy; McLaughlin; Murschel; Nelson; O'Brien; Olson (Ryan); Peters; Roberts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle

Nays:
Brunner; Buckingham; Davis; Deadrick; Dykstra; Frost; Glenski; Heineman; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; Miles; Novstrup; Pederson (Gordon); Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tornow; Van Etten; Weems; Wick; Willadsen; Speaker Michels

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1194 was so amended.

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Rep. Weems moved that HB 1194 be further amended as follows:

On page 1, line 7 of the House Education Committee engrossed bill, delete " person " and insert "adult who is not a student".

Rep. Haley moved that HB 1194 and the pending amendment be laid on the table.

The question being on Rep. Haley's motion that HB 1194 and the pending amendment be laid on the table.

And the roll being called:

Yeas 24, Nays 46, Excused 0, Absent 0

Yeas:
Bradford; Cutler; Dennert; Elliott; Fryslie; Garnos; Glover; Hackl; Haley; Halverson; Hargens; Hennies; Kroger; McLaughlin; Murschel; O'Brien; Putnam; Roberts; Sigdestad; Thompson; Tidemann; Turbiville; Valandra; Van Norman

Nays:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Gassman; Gillespie; Glenski; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Street; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

Rep. Howie requested that Joint Rule 5-17 be invoked on HB 1194.

Which request was supported and HB 1194 with Rep. Weems' pending motion to further amend was deferred until Thursday, February 9^th, the 22^nd legislative day.

HB 1217: FOR AN ACT ENTITLED, An Act to provide for the clarification of sexual abstinence instruction and to condition the acceptance of federal funding contrary to the provisions of this Act.

Was read the second time.

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Rep. Hunt moved that HB 1217 be amended as follows:

On page 2 of the House Education Committee engrossed bill, delete lines 18 and 19 .

On page 2 , line 20, delete " (2) " and insert "(1)".

On page 2 , line 22, delete " (3) " and insert "(2)".

On page 2 , line 24, delete " (4) " and insert "(3)".

On page 3 , line 4, delete " (5) " and insert "(4)".

On page 3 , line 7, delete " (6) " and insert "(5)".

On page 3 , line 12, delete " (7) " and insert "(6)".

On page 3 , line 14, delete " (8) " and insert "(7)".

On page 3 , line 19, delete " (9) " and insert "(8)".

On page 3 , line 21, delete " (10) " and insert "(9)".

On page 5 , line 16, delete " Any " .

On page 5 , delete lines 17 to 19 , inclusive.

Which motion prevailed.

Rep. Dykstra moved the previous question.

Which motion prevailed.

The question being “Shall HB 1217 pass as amended?”

And the roll being called:

Yeas 46, Nays 24, Excused 0, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen

Nays:
Bradford; Cutler; Dennert; Elliott; Faehn; Garnos; Glover; Haley; Halverson; Hargens; Hennies; Kroger; McLaughlin; Murschel; O'Brien; Roberts; Sigdestad; Street; Thompson; Tidemann; Valandra; Van Norman; Vehle; Speaker Michels

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. Hunt moved that the title to HB 1217 be amended as follows:

On page 1, line 2 of the House Education Committee engrossed bill, delete everything after " instruction " and insert ".".

On page 1 , delete line 3 .

Which motion prevailed and the title was so amended.

Rep. Rhoden moved that HB 1103, 1237, and 1143 and SB 32, 11, 12, 71, 77, 78, 101, 56, and 182 be deferred to Wednesday, February 8^th, the 21^st 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 1012, 1014, 1032, 1034, 1086, 1123, and 1130 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1030, 1065, 1074, and 1107 were delivered to his Excellency, the Governor, for his approval at 3:04 p.m., February 7, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1012: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct an advanced materials processing and joining laboratory foundry addition to the Metallurgy Foundry Building at the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

HB 1014: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to remodel certain locker room facilities and to renovate spectator, concession, press, and coaching facilities at the O'Harra Stadium at the South Dakota School of Mines and Technology and to make an appropriation therefor.

HB 1032: FOR AN ACT ENTITLED, An Act to clarify that hunting, fishing, and trapping privileges associated with a resident license continue after change of residency.

HB 1034: FOR AN ACT ENTITLED, An Act to revise the definition of anabolic steroid, to schedule certain controlled substances, and to declare an emergency.

HB 1086: FOR AN ACT ENTITLED, An Act to restrict the rights of certain sex offenders related to adoption or visitation of children.

HB 1123: FOR AN ACT ENTITLED, An Act to exempt feed for certain game birds from the sales and use tax.

HB 1130: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary supplemental lot for use by vehicle dealers.

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

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1011 Introduced by: Representatives Garnos, Brunner, Deadrick, Glover, Howie, Jensen, Klaudt, Pederson (Gordon), and Rhoden and Senators Koskan and Lintz

A LEGISLATIVE COMMEMORATION, Honoring Jeffery Willert on his 2005 PRCA Saddle Bronc world title.

WHEREAS, Jeffery Willert of Belvidere, South Dakota, won the PRCA Saddle Bronc world title at the 2005 Wrangler National Finals Rodeo in Las Vegas, Nevada; and

WHEREAS, Jeffery Willert was also named the sportswriters' Independent Male Athlete of the Year; and

WHEREAS, Jeffery Willert got his start in 4-H as a clover-bud at the age of seven, continuing in activities until he was 18; and

WHEREAS, Jeffery Willert follows in the great tradition of Earl Thode, South Dakota's first world champion bronc rider, who also hailed from Belvidere:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Jeffery Willert be honored for his 2005 PRCA Saddle Bronc world title.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:48 p.m. the House adjourned.

Karen Gerdes, Chief Clerk