JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION  



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 8, 2006

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

     The prayer was offered by the Chaplain, Pastor Wes LaBrier, followed by the Pledge of Allegiance led by House pages Ashley Hill, Isaac Randall, and Ashley Vanneman.

     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 twentieth 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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 33 and 34 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 Health and Human Services respectfully reports that it has had under consideration SB 207 and returns the same with the recommendation that said bill be amended as follows:

207jc
     On page 3, line 18 of the Senate engrossed bill, delete " an " and insert "and make a record of the".

     On page 3 , line 22, after " . " insert "The retailer shall maintain the record of identification, including the purchaser's name and date of birth. On August 1, 2006, and no later than the fifth day of every month thereafter, the retailer shall send any such records to the county sheriff of the county in which the sales occurred. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. The retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.".

     And that as so amended said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 107 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB  183 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1150 and 1163 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1119 and returns the same with the recommendation that said bill be amended as follows:

1119rf
     On page 2 of the printed bill, delete lines 17 to 24 , inclusive, and insert:

"
     Section 4. That § 32-23-2 be amended to read as follows:

     32-23-2.   If conviction for a violation of § 32-23-1 is for a first offense, such person is guilty of a Class 1 misdemeanor, and the defendant's driving privileges shall be revoked for not less than thirty days. However, the court may in its discretion issue an order upon proof of financial responsibility, pursuant to §  32-35-43.1, permitting the person to operate a motor vehicle for purposes of the person's employment , attendance at school, or attendance at court-ordered counseling programs during the hours of the day and the days of the week as set forth in the order . The court may also order the revocation of the defendant's driving privilege for a further period not to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one year.

     Section 5. That § 32-23-2.1 be amended to read as follows:

     32-23-2.1.   Any person convicted of a first offense pursuant to § 32-23-2 §  32-23-1 with a 0.17 percent or more by weight of alcohol in his the person's blood shall, in addition to the penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation to determine if the defendant has an addiction to alcohol is chemically dependent . The cost of such evaluation shall be paid by the defendant.

     Section 6. That § 32-23-3 be amended to read as follows:

     32-23-3.   If conviction for a violation of § 32-23-1 is for a second offense, such person is guilty of a Class 1 misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the defendant's driving privilege for a period of not less than one year. However, upon the successful completion of a court-approved alcohol treatment chemical dependency program, and proof of financial responsibility pursuant to §  32-35-43.1, the court may permit the person to drive for the purpose purposes of employment and may restrict the privilege by the imposition of such conditions as the court sees fit , attendance at school, or attendance at counseling programs . If such person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than three days, which sentence may not be suspended.

     Section 7. That § 32-23-4 be amended to read as follows:

     32-23-4.   If conviction for a violation of § 32-23-1 is for a third offense, the person is guilty of a Class 6 felony, and the court, in pronouncing sentence, shall unconditionally revoke the defendant's driving privileges for such period of time as may be determined by the court, but in no event less than one year from the date sentence is imposed or one year from the date of discharge from incarceration order that the driver's license of any person so convicted be revoked for a period of not less than one year from the date sentence is imposed or one year from the date of initial release from incarceration to parole supervision , whichever is later. If the person is convicted of driving without a license during that period, he shall be sentenced to the county jail for not less than ten days, which sentence may not be suspended. Notwithstanding §  23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation. Upon the successful completion of a court- approved chemical dependency counseling program, and proof of financial responsibility pursuant to §  32-35-43.1, the court may permit the person to operate a vehicle for the purposes of employment, attendance at school, or attendance at counseling programs.

     Section 8. That § 32-23-4.3 be amended to read as follows:

     32-23-4.3.   The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in § 32-23-4.2 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of his the second part. There shall be entered in the minutes of the court the time and place when and where the judge so informed the accused, and like entry thereof shall be made in the judgment.

     Section 9. That § 32-23-4.4 be amended to read as follows:

     32-23-4.4.   On a finding of guilty on the first part of the information described in § 32-23-4.2 a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information shall may be divulged to the jury. If the accused shall have elected elects a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct.

     Section 10. That § 32-23-4.6 be amended to read as follows:

     32-23-4.6.   If conviction for a violation of § 32-23-1 is for a fourth offense and the person has previously been convicted of a felony under § 32-23-4, the person is guilty of a Class 5 felony, and the court, in pronouncing sentence, shall unconditionally revoke the defendant's driving privileges for such period of time as may be determined by the court, but in no event less than two years from the date sentence is imposed or two years from the date of discharge from incarceration order that the driver's license of any person so convicted be revoked for a period of not less than two years from the date sentence is imposed or two years from the date of initial release from incarceration to parole supervision , whichever is later. If the person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding §  23A-27- 19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to §  32-35-43.1, the court may permit the person to operate a vehicle for the purposes of employment, attendance at school, or attendance at counseling programs.

     Section 11. That § 32-23-4.7 be amended to read as follows:

     32-23-4.7.   If conviction for violation of § 32-23-1 is for a fifth offense, or subsequent offenses thereafter, and the person has previously been convicted of a felony under § 32-23-4, the person is guilty of a Class 4 felony and the court, in pronouncing sentencing, shall unconditionally revoke the defendant's driving privileges for such period of time as may be determined by the court, but in no event less than two years from the date sentence is imposed or two years from the date of discharge from incarceration order that the driver's license of any person so convicted be revoked for a period of not less than three years from the date sentence is imposed or three years from the date of initial release from incarceration to parole supervision , whichever is later. If the person is convicted of driving without a license during that period, the person shall be sentenced to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding §  23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for the term of such revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to §  32-35-43.1, the court may permit the person to operate a vehicle for the purposes of employment, attendance at school, or attendance at counseling programs.

     Section 12. That § 32-23-6 be amended to read as follows:

     32-23-6.   The fact that any person charged with a violation of § 32-23-1 is or has been entitled to use prescribed a drug under the laws of this state shall is not constitute a defense against any charge of violating said section §  32-23-1 .

     Section 13. That § 32-23-7 be amended to read as follows:

     32-23-7.   In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle while under the influence of intoxicating liquor an alcoholic beverage , a violation of § 22-16-41, or a violation of § 22-16-42, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions:

             (1)      If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, it is presumed that the defendant was not under the influence of intoxicating liquor an alcoholic beverage ;
             (2)      If there was at that time in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor an alcoholic beverage , but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;
             (3)      If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, it is presumed that the defendant was under the influence of intoxicating liquor an alcoholic beverage .

     Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeters centimeter of whole blood or 2100 cubic centimeters of deep lung breath.

     Section 14. That § 32-23-8 be amended to read as follows:

     32-23-8.   The provisions of § 32-23-7 shall may not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor an alcoholic beverage .

     Section 15. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

     Any driving permit issued by the court to any person, who has been convicted of a violation of §  32-23-1 within the last ten years or any driving permit issued pursuant to §  32-23-2, if that person had 0.17 percent or more by weight of alcohol in that person's blood, shall be conditioned on the person's total abstinence from the use of alcohol. The court shall immediately revoke the permit upon a showing of proof by a preponderance of the evidence that the person has violated this condition.

     Section 16. That § 22-16-41 be amended to read as follows:

     22-16-41.   Any person who, while under the influence of an alcoholic beverage, any controlled drug or substance, marijuana, or a combination thereof, without design to effect death, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class 3 felony. In addition to any other penalty prescribed by law, the court may also order that the driver's license of any person convicted of vehicular homicide be revoked for such period of time as may be determined by the court shall order that the driver's license of any person convicted of vehicular homicide be revoked for a period of not less than ten years from the date sentence is imposed or ten years from the date of initial release from incarceration to parole supervision, whichever is later .

     Section 17. That § 22-18-36 be amended to read as follows:

     22-18-36.   Any person who, while under the influence of an alcoholic beverage, any controlled drug or substance, marijuana, or a combination thereof, without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of vehicular battery. Vehicular battery is a Class 4 felony. In addition to any other penalty prescribed by law, the court may also order that the driver's license of any person convicted of vehicular battery be revoked for a period of two years subsequent to release from incarceration shall order that the driver's license of any person convicted of vehicular battery be revoked for a period of not less than three years from the date sentence is imposed or three years from the date of initial release from incarceration to parole supervision, whichever is later . ".


     On page 3 , delete lines 1 to 24 , inclusive.

     On page 4 , delete lines 1 to 24 , inclusive.

     On page 5 , delete lines 1 to 24 , inclusive.

     On page 6 , delete lines 1 to 24 , inclusive.

     On page 7 , delete lines 1 to 9 , inclusive.

     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 1180 and returns the same with the recommendation that said bill be amended as follows:

1180ra
     On page 1, line 8 of the printed bill, after " age, " insert "if the parent or guardian is reasonably able to make the provision and".

     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 1203 and returns the same with the recommendation that said bill be amended as follows:

1203ra
     On page 1, line 11 of the printed bill, after " §  25-4-44, " insert "there is a rebuttable presumption that".


1203rc
     On page 1, line 8 of the printed bill, after " parties. " insert " The court may consider the nonmarital property when determining an equitable division of property, the need of a spouse for support, and the ability to provide support. ".

     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 1219 and returns the same with the recommendation that said bill be amended as follows:

1219fa
     On page 2, line 8 of the printed bill, delete " shall may " and insert "shall".

     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  1066, 1152, 1230, and 1231 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1020 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 1013 and returns the same with the recommendation that said bill be amended as follows:

1013aa
     On the printed bill, delete everything after the enacting clause and insert:

"

     Section 1. The Board of Regents may contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services or actions as may be required to accomplish, the projects enumerated in section 3 of this Act, all at the estimated cost of three million ten thousand seven hundred fourteen dollars.

     Section 2. There is hereby appropriated the sum of three hundred twenty-three thousand seven hundred fourteen dollars ( $323,714 ) from the higher education facilities fund, and two million six hundred eighty-seven thousand dollars ( $2,687,000 ) from other funds available to the universities for the projects specified in section 3 of this Act.

     Section 3. The projects authorized in section 1 of this Act are the following projects, together with their pertinent appropriations:

             (1)    At Black Hills State University in Spearfish, South Dakota, projects to upgrade a locker room, provide office space for coaches, and create practice and competition softball fields, all for an estimated cost of one million nine hundred sixty-nine thousand seven hundred fourteen dollars of which three hundred twenty-three thousand seven hundred fourteen dollars ($323,714) is to be appropriated from the higher education facilities fund allocated to the university as part of its annual maintenance and repair allocation, and one million six hundred forty-six thousand dollars ($1,646,000) is to be appropriated from other funds available to the university;
             (2)    At Dakota State University in Madison, South Dakota, projects to upgrade softball dugouts, acquire portable fencing for the softball field, upgrade the soccer field, and upgrade locker room space, all for an estimated cost of eighty-five thousand five hundred dollars ($85,500), to be appropriated from other funds available to the university;
             (3)    At Northern State University in Aberdeen, South Dakota, projects to upgrade soccer fields and to provide office space for coaches, all for an estimated cost of thirty-four thousand five hundred dollars ($34,500), to be appropriated from other funds available to the university;
             (4)    At South Dakota State University in Brookings, South Dakota, a project to upgrade softball facilities for an estimated cost of one hundred twenty-five thousand dollars ($125,000), to be appropriated from other funds available to the university;
             (5)    At the University of South Dakota in Vermillion, South Dakota, projects to renovate showers and locker rooms, to improve softball fields, soccer fields and their seating, and to make improvements to the indoor tennis facility, all for an estimated cost of seven hundred ninety-six thousand dollars ($796,000), to be appropriated from other funds available to the university.

     Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for these purposes from federal sources, gifts, contributions, or any other source, all of which shall be deemed appropriated to the projects authorized by this Act, in addition to the amounts otherwise authorized herein.

     Section 5. The design and construction of the facilities approved by this Act shall be under the general supervision of the Bureau of Administration as provided in §  5-14-2. The commissioner of the Bureau of Administration and the executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1040 and returns the same with the recommendation that said bill be amended as follows:

1040ub
     On page 1, line 10 of the printed bill, after " status. " insert " Effective January 1, 2007 through December 31, 2008, the county of residence shall pay an admission fee of four hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days. Effective January 1, 2009 through December 31, 2009, the county of residence shall pay an admission fee of five hundred to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days. Effective January 1, 2010 through December 31, 2010, the county of residence shall pay an admission fee of six hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days. ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill be amended as follows:

1090za
     On page 1, line 4 of the printed bill, delete " eighty " and insert "one hundred sixty thousand dollars ($160,000)".

     On page 1 , line 5, delete " thousand dollars ($80,000) " .

     On page 1 , line 11, delete " 2007 " and insert "2008".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1238 and returns the same with the recommendation that said bill be amended as follows:

1238aa
     On page 2, between lines 16 and 17 of the printed bill, insert:

"

     Section 5. The purchase of real property pursuant to this Act is contingent on the approval of construction of an instructional classroom building in Sioux Falls.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1240 and returns the same with the recommendation that said bill be amended as follows:

1240aa
     On page 1, line 4 of the printed bill, delete everything after " transferred " and insert "one dollar ($ 1 )".

     On page 1 , line 5, delete " ($1,300,000) " .

     On page 1 , line 7, delete everything after " sum of " and insert "one dollar ($ 1 )".

     On page 1 , line 8, delete " dollars ($1,300,000) " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1241 and returns the same with the recommendation that said bill be amended as follows:

1241ma
     On page 1 , delete lines 3 to 7 , inclusive.

     On page 1 , delete line 11 and insert "be available to the Department of Social Services to provide sales tax on food refunds for South Dakota families who need it most pursuant to chapter 55 of the 2005 Session Laws.".

     On page 1 , delete line 12 .

1241mta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "reappropriate certain moneys to fund sales tax on food refunds.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1242 and returns the same with the recommendation that said bill be amended as follows:

1242aa
     On page 1, line 4 of the printed bill, delete everything after " transferred " and insert "one dollar ($1)".

     On page 1 , line 5, delete everything before " from " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1244 and returns the same with the recommendation that said bill be amended as follows:

1244ac
     On page 1 , line 4 of the printed bill, delete " eight million dollars ($8,000,000) " and insert "one dollar ($1)".

     On page 1 , line 6, delete " eight million dollars ($8,000,000) " and insert "one dollar ($1)".

     On page 1, between lines 15 and 16, insert:

"

     Section 4. The construction of the instructional classroom building pursuant to this Act is contingent on the purchase of land located in Minnehaha County by the Board of Regents.".
1244ha
     On page 1, between lines 15 and 16 of the printed bill, insert:

"
     Section 4. That § 13-39-70 be amended to read as follows:

     13-39-70.   There is hereby created within the vocational education facilities fund of the secretary of education a tuition subaccount. The secretary may determine and require that all or any portion of the tuition and other student fees payable to an LEA shall be deposited in the subaccount. No moneys may be disbursed from the tuition subaccount for any purpose other than to pay lease rentals or other amounts due and owing in connection with any :

             (1)    Any facility originally leased to the board of regents but now utilized for vocational education so long as such facility is on the campus of a postsecondary technical institute; and

             (2)    Any lease-purchase agreement authorized under §§ 13-39-66 and 13-39-67 unless and until the health and educational facilities authority files with the state treasurer a certification that it has on deposit or there has otherwise been appropriated sufficient moneys to pay all amounts due or to become due within the next three months on all such lease-purchase agreements.

     No lease rentals on facilities described in subsection (1) shall be paid unless the secretary of education has approved the assumption of the former board of regents' lease obligations by the tuition subaccount. Thereafter, the state treasurer shall retain in the vocational education facilities fund for future repair and improvement as authorized by the Legislature such amounts, not to exceed ten percent thereof, as the secretary shall direct. ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1101, 1124, 1142, and 1145 and tabled the same.

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1215 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1201 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1007 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1022, 1059, 1087, 1097, 1109, and 1156 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 65, 142, 165, 189, and 203 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

HONORED GUESTS


     Rep. Garnos and Rep. Jensen introduced Jeffery Willert, winner of the 2005 PRCA Saddle Bronc world title.

MOTIONS AND RESOLUTIONS


     HCR 1006:   A CONCURRENT RESOLUTION,   Urging further support from Secretary Donald Rumsfeld and the United States Department of Defense for the South Dakota National Guard.

     Rep. Boomgarden moved that HCR 1006 as found on pages 416 and 417 of the House Journal be adopted.

     The question being on Rep. Boomgarden's motion that HCR 1006 be adopted.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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

     Excused:
Deadrick

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

     Rep. Deadrick moved that the House do concur in Senate amendments to HB 1029.

     The question being on Rep. Deadrick's motion that the House do concur in Senate amendments to HB 1029.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Boomgarden; 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

     Excused:
Bradford

     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. Hennies moved that the House do concur in Senate amendments to HB 1190.

     The question being on Rep. Hennies' motion that the House do concur in Senate amendments to HB 1190.

     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.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Commerce on HB 1197 as found on page 406 of the House Journal ; also

     Taxation on HB 1129 as found on page 407 of the House Journal ; also

     Taxation on HB 1232 as found on pages 407 and 408 of the House Journal ; also

     Local Government on HB 1233 as found on pages 408 to 411 of the House Journal ; also

     Local Government on SB 118 as found on page 411 of the House Journal ; also

     Local Government on SB 90 as found on pages 412 and 413 of the House Journal ; also

     Education on HB 1079 as found on page 413 of the House Journal ; also

     Education on HB 1234 as found on page 413 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 65:   FOR AN ACT ENTITLED, An Act to   appropriate money for roof repairs at Western Dakota Technical Institute and to declare an emergency.

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

     SB 142:   FOR AN ACT ENTITLED, An Act to   direct the Office of the Attorney General to study open government issues in South Dakota.

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

     SB 165:   FOR AN ACT ENTITLED, An Act to   appropriate money to the South Dakota Energy Infrastructure Authority and declare an emergency.

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

     SB 189:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning fire suppression agreements and payment of certain costs incurred in suppressing forest fires.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 203:   FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to the statewide sex offender registry and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 97:   FOR AN ACT ENTITLED, An Act to   allow the governing body of taxing districts to automatically refer a property tax opt out to the voters.

     Was read the second time.

     The question being “Shall SB 97 pass?”

     And the roll being called:

     Yeas 68, Nays 1, 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Willadsen; Speaker Michels

     Nays:
Van Norman

     Excused:
Wick

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

     SB 146:   FOR AN ACT ENTITLED, An Act to   update certain statutory references to the South Dakota Firefighters Association, Incorporated.

     Was read the second time.

     The question being “Shall SB 146 pass?”

     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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels

     Excused:
Wick

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that HB 1120 be placed to follow HB 1236 on today's calendar.

     Which motion prevailed.

     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.

     The question being on Rep. Brunner's pending motion to amend HB 1160 as found on pages 390 and 391 of the House Journal.

     Which motion prevailed.

     The question being “Shall HB 1160 pass as amended?”

     And the roll being called:

     Yeas 37, Nays 33, Excused 0, Absent 0

     Yeas:
Brunner; Buckingham; Cutler; Davis; Dykstra; Faehn; Fryslie; Glenski; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunt; Jerke; Klaudt; Kraus; Krebs; Lange; Novstrup; O'Brien; Peters; Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick

     Nays:
Boomgarden; Bradford; Deadrick; Dennert; Elliott; Frost; Garnos; Gassman; Gillespie; Glover; Haley; Halverson; Hargens; Hunhoff; Jensen; Koistinen; Kroger; McCoy; McLaughlin; Miles; Murschel; Nelson; Olson (Ryan); Pederson (Gordon); Rausch; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman; Willadsen; 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. Brunner moved that the title to HB 1160 be amended as follows:

     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "allow students receiving alternative instruction to enroll in a public school under certain circumstances.".
     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     Rep. Hargens announced his intention to reconsider the vote by which HB 1160 passed.

     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.

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

     The question being “Shall HB 1019 pass?”

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent 0

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

     Nays:
Glover; Kroger; Thompson; Vehle

     Excused:
Bradford; Lange

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

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

     The question being “Shall HB 1185 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 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. Rhoden moved that HB 1055 be deferred to Thursday, February 9th, the 22nd legislative day.

     Which motion prevailed.

     HB 1103:   FOR AN ACT ENTITLED, An Act to   appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

     Was read the second time.

     The question being “Shall HB 1103 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 1237:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund tax refunds for elderly and disabled persons and to revise the income eligibility requirements for property tax and sales tax refunds.

     Was read the second time.

1237oa

     Rep. Glenski moved that HB 1237 be amended as follows:

     On page 1, line 5 of the House Appropriations Committee engrossed bill, delete " one million " and insert "eight hundred thousand dollars ($ 800,000 )".

     On page 1 , line 6, delete " dollars ($1,000,000) " .

     Rep. Klaudt moved that Rep. Glenski's motion to amend HB 1237 be laid on the table.

     Which motion prevailed.

     The question being “Shall HB 1237 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 1143:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to renovate Wecota Hall at South Dakota State University, and to make an appropriation therefor.

     Was read the second time.

     The question being “Shall HB 1143 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 two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1132:   FOR AN ACT ENTITLED, An Act to   create immunity for reporting prenatal alcohol or substance abuse.

     Was read the second time.

1132jb

     Rep. Miles moved that HB 1132 be amended as follows:

     On page 2, line 6 of the House Judiciary Committee engrossed bill, after " official " insert "who in good faith is".

     Which motion prevailed.

     The question being “Shall HB 1132 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Boomgarden; 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; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Van Norman

     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 1149:   FOR AN ACT ENTITLED, An Act to   revise certain felony and misdemeanor provisions not located in the criminal code.

     Was read the second time.

     The question being “Shall HB 1149 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 majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1218:   FOR AN ACT ENTITLED, An Act to   establish a task force to study education for divorcing parents and visitation and custody matters.

     Was read the second time.

1218fa

     Rep. Murschel moved that HB 1218 be amended as follows:

     On page 1, line 12 of the House Judiciary Committee engrossed bill, delete " and representatives " and insert "a member of the South Dakota Council of Mental Health Centers, and a representative".

     On page 1 , line 13, delete " and the Department of Human Services " .

     Which motion prevailed.

     The question being “Shall HB 1218 pass as amended?”

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent 0

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

     Nays:
Buckingham; Davis; Frost; Haverly; Howie; Klaudt; Peters; Putnam; Rausch; Rhoden; Tidemann; Wick

     Excused:
Bradford; 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.

     HB 1128:   FOR AN ACT ENTITLED, An Act to   increase the rate of taxation that municipalities may impose on certain goods and services.

     Was read the second time.


1128hb

     Rep. Dennert moved that HB 1128 be amended as follows:

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

"
     Section 2. That § 10-52A-12 be amended to read as follows:

     10-52A-12.   All moneys received and collected on behalf of a municipality by the department, pursuant to this chapter, shall be credited to a special municipal tax fund and after deducting the amount of refunds made, the amounts necessary to defray the cost of collecting the tax, and the administrative expenses incident thereto, and the first seven hundred fifty thousand dollars received which the secretary shall deposit in the state fair fund, shall be paid within thirty days after collection to the municipality entitled thereto. ".


     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Dennert's motion that HB 1128 be amended.

     And the roll being called:

     Yeas 27, Nays 43, Excused 0, Absent 0

     Yeas:
Bradford; Buckingham; Davis; Dennert; Elliott; Fryslie; Gassman; Glover; Hackl; Haley; Halverson; Hargens; Jerke; Klaudt; Koistinen; Lange; Nelson; Novstrup; Peters; Putnam; Sigdestad; Street; Thompson; Tidemann; Valandra; Van Norman; Wick

     Nays:
Boomgarden; Brunner; Cutler; Deadrick; Dykstra; Faehn; Frost; Garnos; Gillespie; Glenski; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Kraus; Krebs; Kroger; McCoy; McLaughlin; Miles; Murschel; O'Brien; Olson (Ryan); Pederson (Gordon); Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Tornow; Turbiville; Van Etten; Vehle; Weems; Willadsen; Speaker Michels

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

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1128 pass?”

     And the roll being called:

     Yeas 36, Nays 34, Excused 0, Absent 0

     Yeas:
Brunner; Cutler; Deadrick; Elliott; Faehn; Frost; Gassman; Glenski; Haley; Halverson; Hanks; Heineman; Hennies; Hills; Howie; Hunt; Jensen; Kraus; Kroger; Lange; McCoy; McLaughlin; Murschel; Olson (Ryan); Rausch; Roberts; Rounds; Schafer; Sebert; Thompson; Tornow; Turbiville; Van Etten; Vehle; Weems; Willadsen

     Nays:
Boomgarden; Bradford; Buckingham; Davis; Dennert; Dykstra; Fryslie; Garnos; Gillespie; Glover; Hackl; Hargens; Haverly; Hunhoff; Jerke; Klaudt; Koistinen; Krebs; Miles; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Sigdestad; Street; Tidemann; Valandra; Van Norman; Wick; 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. Hargens announced his intention to reconsider the vote by which HB 1128 passed.

     HB 1222:   FOR AN ACT ENTITLED, An Act to   require regental institutions to annually report to the Legislature regarding intellectual diversity.

     Was read the second time.

1222cb

     Rep. Hennies moved that HB 1222 be amended as follows:

     On page 1, line 6 of the printed bill, delete " annually " .

     On page 2 , line 1, delete " may " and insert "shall".

     On page 2 , line 19, after " site " insert ", and the Board of Regents shall submit all the reports to the Legislature no later than December 1, 2007".


     Rep. Hargens moved that HB 1222 and the pending amendment be laid on the table.

     The question being on Rep. Hargens' motion that HB 1222 and the pending amendment be laid on the table.

     And the roll being called:

     Yeas 27, Nays 42, Excused 1, Absent 0

     Yeas:
Cutler; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hennies; Hills; Hunhoff; Kroger; Lange; McLaughlin; Miles; Murschel; O'Brien; Rausch; Roberts; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Norman

     Nays:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Putnam

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

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.


     The question being on Rep. Hennies' motion that HB 1222 be amended.

     And the roll being called:

     Yeas 28, Nays 40, Excused 2, Absent 0

     Yeas:
Dennert; Elliott; Gassman; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Hills; Hunhoff; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; O'Brien; Roberts; Sebert; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Norman; Vehle

     Nays:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Haverly; Heineman; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Tidemann; Tornow; Van Etten; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Cutler; Gillespie

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

     Rep. Dykstra moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1222 pass?”

     And the roll being called:

     Yeas 42, Nays 26, Excused 2, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Hackl; Heineman; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Dennert; Elliott; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Hunhoff; Kroger; Lange; McLaughlin; Miles; Murschel; O'Brien; Roberts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman

     Excused:
Cutler; Gillespie

     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 1236:   FOR AN ACT ENTITLED, An Act to   create the South Dakota Virtual High School.

     Was read the second time.


     Rep. Olson moved that HB 1236 be deferred to Thursday, February 9th, the 22nd legislative day.

     Which motion prevailed.

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

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

1120ja

     Rep. Rounds moved that HB 1120 be amended as follows:

     On page 1, line 12 of the printed bill, delete " boat " and insert "motorboat, while underway on the public waters of the state,".

     Which motion prevailed.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1120 pass as amended?”

     And the roll being called:

     Yeas 23, Nays 46, Excused 1, Absent 0

     Yeas:
Cutler; Davis; Dykstra; Glenski; Halverson; Hanks; Heineman; Hennies; Hills; Koistinen; McCoy; McLaughlin; Murschel; Nelson; O'Brien; Peters; Roberts; Rounds; Schafer; Thompson; Tidemann; Turbiville; Speaker Michels

     Nays:
Boomgarden; Bradford; Brunner; Buckingham; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glover; Hackl; Haley; Hargens; Haverly; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; Miles; Novstrup; Olson (Ryan); Pederson (Gordon); Putnam; Rausch; Rave; Rhoden; Sebert; Sigdestad; Street; Tornow; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen

     Excused:
Gillespie

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that SB 32, 11, 12, 71, 77, 78, 101, 56, 182, and 109 be deferred to Thursday, February 9th, the 22nd 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 1022, 1029, 1059, 1087, 1097, 1109, 1156, and 1190 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1012, 1014, 1032, 1034, 1086, 1123, and 1130 were delivered to his Excellency, the Governor, for his approval at 3:53 p.m., February 8, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1022: FOR AN ACT ENTITLED, An Act to  revise the disposition of funds received for charges for board and room for work release inmates.

     HB 1029: FOR AN ACT ENTITLED, An Act to  prohibit the use of crossbows for fishing unless an exception is granted in rules promulgated by the Game, Fish and Parks Commission.

     HB 1059: FOR AN ACT ENTITLED, An Act to  provide for notification by the Department of Social Services to the parents of certain determinations of child abuse or neglect.

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

     HB 1097: FOR AN ACT ENTITLED, An Act to  permit municipalities to refund certain sales and use taxes to contractors and subcontractors.

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

     HB 1156: FOR AN ACT ENTITLED, An Act to  require a study of the continuum of care needs for senior citizens.

     HB 1190: FOR AN ACT ENTITLED, An Act to  specifically exclude ridden animals and bicycles from violations of the DUI statutes.

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

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

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:30 p.m. the House adjourned.

Karen Gerdes, Chief Clerk