House Journal 02/09/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 9, 2006

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

The prayer was offered by the Chaplain, Chief Alfred Red Cloud, followed by the Pledge of Allegiance led by House pages Ellen Bastian, Jared Tidemann, and Renelle White Buffalo.

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

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-first 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 8, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 7, 2006, I approved House Bills 1005, 1025, 1041, 1056, 1073, 1078, 1095, 1104, and 1121, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 9, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 8, 2006, I approved House Bills 1030, 1065, 1068, 1074, and 1107, 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1096 and returns the same with the recommendation that said bill be amended as follows:

1096te

On page 1, line 15 of the printed bill, delete " 8 " and insert "7".

On page 2 , line 6, delete " or 7 " .

On page 2 , line 16, delete everything after " 6. " and insert "The Game, Fish and Parks Commission shall create and publish by rules promulgated pursuant to chapter 1-26 a list of".

On page 2 , line 17, delete " to designate " .

On page 2 , line 18, delete " rules " and insert "list".

On page 2 , line 19, after " lake " insert "has been used by the public for recreational purposes for at least twenty-one consecutive years in an open, obvious, and adverse fashion and if the lake".

On page 3 , delete lines 3 to 11 , inclusive, and insert "The commission may add a lake to or remove a lake from the list of lakes depending on the commission's determination of whether or not the lake meets the criteria specified in this section. The commission shall review the list promulgated under this section once every two years. The commission may only add lakes to or remove lakes from the list during the two-year periodic review of the list required by this section.".

On page 3 , delete lines 12 to 24 , inclusive.

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

On page 5 , delete lines 1 to 15 , inclusive.

On page 5 , line 16, delete everything after " lake " and insert "is not included on the list established in section 6 of this Act and".

On page 5 , line 17, delete everything before " is " .

On page 6 , line 7, delete " 9 " and insert "8".

On page 6 , line 11, delete " 8 " and insert "7".

On page 6 , line 19, delete everything after " lake " and insert ".".

On page 6 , delete lines 20 to 22 , inclusive.

On page 7 , line 1, delete " 8 " and insert "7".

On page 7 , line 4, delete " 8 " and insert "7".

On page 7 , line 15, delete everything after " 13. " .

On page 7 , line 16, delete " no " and insert "No".

On page 8 , delete line 11 .

And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 2, 20, 21, 22, and 23 and returns the same with the recommendation that said bills do pass.

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

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill be amended as follows:

1106fa

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

" Section 1. The Executive Board of the Legislative Research Council shall appoint an interim legislative committee to study the state and local taxes imposed on the telecommunications industry and the distribution of tax revenue among the various jurisdictions. The committee shall study the current telecommunications tax structure using the principles of efficiency, neutrality, equity, and simplicity to guide their work. These terms mean:

(1) "Tax efficiency," the extent to which a tax distorts economic decision making and resource allocation;

(2) "Competitive neutrality," whether a tax distorts economic decision making and resource allocation;

(3) "Tax equity," a fundamental sense of fairness in the incidence of the tax system, or who bears the burden of the taxes; and

(4) "Administrative simplicity," how complex and costly a tax is to administer and collect.

The committee shall make a report of its findings and its recommendations to the Executive Board of the Legislative Research Council."

1106fta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "provide for a legislative study of the taxes imposed on the telecommunications industry.".

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1167 and returns the same with the recommendation that said bill be amended as follows:

1167fb

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

Section 1. There is hereby created in the state treasury the tax relief fund. The revenue collected pursuant to section 2 of this Act shall be deposited in the tax relief fund for the purpose of reducing the rate of taxation or reducing property taxes. The fund shall be invested as provided by law, and the interest earned shall be credited to the fund. The Legislature may not appropriate any money from the tax relief fund until the second fiscal year after Congress approves legislation giving states the authority to require retailers to collect South Dakota's sales and use tax.

Section 2. The additional net revenue received by the state from voluntary retail licensees shall be deposited in the tax relief fund created pursuant to section 1 of this Act. For the purposes of this Act, a voluntary retail licensee is any person licensed through the Streamlined Sales and Use Tax Agreement to remit sales and use tax pursuant to chapters 10-45 and 10-46 who does not otherwise have a legal obligation to remit such taxes."

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 1211 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 37 and 39 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 24, 38, and 40 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 Commerce respectfully reports that it has had under consideration SB 31 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1235 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1175 and returns the same with the recommendation that said bill be amended as follows:

1175zb

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

" Section 1. There is hereby appropriated from the state general fund the sum of two million eight hundred four thousand four hundred eighty-five dollars ($ 2,804,485 ), or so much thereof as may be necessary, to the Department of Education for distribution on an average daily membership basis for education enrichment outside the state aid to general education foundation formula in chapter 13-13. Local education agencies may use the funds received pursuant to this Act at their discretion.

Section 2. No moneys appropriated in this Act may be construed as an entitlement or continuing state obligation for education funding.

Section 3. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2007, shall revert in accordance with § 4-8-21."

1175ztb

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "appropriate money for nonrecurring education enrichment.".

On page 1 , delete line 2 .

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 1176, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1176ca

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

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

The secretary of the Department of Education may enter into agreements with the appropriate parties from the state of Minnesota to establish an enrollment options program between South Dakota and Minnesota

Section 2. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

Any agreement entered into pursuant to this chapter shall specify the following:

(1) For students who are not residents of South Dakota, the enrollment options program applies only to a student whose resident school district borders South Dakota;

(2) If Minnesota sends more students to South Dakota than South Dakota sends to Minnesota, Minnesota will pay South Dakota an amount agreed upon for the excess number of students sent to South Dakota;

(3) If South Dakota sends more students to Minnesota than Minnesota sends to South Dakota, South Dakota will pay Minnesota an amount agreed upon for the excess number of students sent to Minnesota.

Section 3. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

Any agreement entered into pursuant to this chapter shall specify the application procedures for the enrollment options program between South Dakota and Minnesota.

Section 4. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

Any agreement entered into pursuant to this chapter shall specify the reasons for which an application for the enrollment options program between South Dakota and Minnesota may be denied.

Section 5. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

Any agreement entered into pursuant to this chapter shall specify that a South Dakota school district is not responsible for transportation for any resident student attending school in Minnesota under the provisions of this chapter. However, a South Dakota school district may, at its discretion, provide transportation services for such a student.

Section 6. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

Any agreement entered into pursuant to this chapter may specify additional terms relating to any student in need of special education or special education and related services pursuant to chapter 13-37.

Section 7. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of state aid to education distributed pursuant to chapter 13-13, any student sent to South Dakota from Minnesota is included in the receiving school district's average daily membership.

Section 8. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of state aid to education distributed pursuant to chapter 13-13, any student sent to Minnesota from South Dakota may not be included in the resident school district's average daily membership.

Section 9. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

Any student whose resident school district does not receive state aid to education under the provisions of chapter 13-13 or 13-37 may not attend school in Minnesota unless the student's resident school district pays the State of South Dakota an amount equal to the per student allocation as defined in chapter 13-13 or 13-37 for each student sent to Minnesota.".

1176cta

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "allow the Department of Education to enter into certain enrollment agreements with the state of Minnesota.".

On page 1 , delete line 2 .

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 1221 and returns the same with the recommendation that said bill be amended as follows:

1221cb

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

"
Section 1. There is hereby established within the Department of Education a statewide mathematics initiative to significantly enhance the mathematics achievement of students in kindergarten through twelfth grade. The initiative shall include the following elements:

(1) A professional development program and the use of math specialists to improve math instruction at the elementary level;

(2) Opportunities for middle school and high school mathematics teachers to develop research-based instructional activities within a technology-based environment;

(3) Remedial academies held during the summer months to enable middle school students to be prepared for high school mathematics requirements;

(4) Opportunities for high school students who need remediation in mathematics before entering higher education; and

(5) Gifted institutes held during the summer for those students with special aptitudes and interest in math, science, and engineering.

Section 2. There is hereby appropriated from any money appropriated for state aid to general education that is not expended or legally obligated the sum of one dollar ($1), or so much thereof as may be necessary, to the Department of Education to fund the statewide mathematics initiative created in this Act.

Section 3. The secretary of the Department of Education shall approve vouchers and the state treasurer shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended shall revert in accordance with § 4-8-21."

1221ctb

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "create a statewide mathematics initiative and to make an appropriation therefor.".

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 1223 and returns the same with the recommendation that said bill be amended as follows:

1223ca

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

"
Section 1. That chapter 94 of the 2005 Session Laws be amended to read as follows:

Section 4. The Department of Education shall provide an interim report to the Legislature no later than December 1, 2005. The interim report shall include preliminary findings regarding sparse schools, and a final report ~~shall follow no later than December 1, 2006~~ , including proposed legislation which addresses each of the factors enumerated in section 2, shall be submitted to the Executive Board of the Legislative Research Council no later than November 15, 2006 ."

1223cta

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "require the Department of Education to include proposed legislation in the final report of the study of school funding, and to revise the deadline for submission of the report.".

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 1166 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1021, 1077, 1118, and 1147 which have 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 1017, 1043, 1044, and 1045 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 95, 167, and 194 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Deadrick moved that the House do not concur in Senate amendments to HB 1007 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Davis, Jensen, and Halverson.

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

Rep. Hargens moved that the House do now reconsider the vote by which HB 1160 passed.

The question being on Rep. Hargens' motion to reconsider the vote by which HB 1160 passed.

And the roll being called:

Yeas 38, Nays 29, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Cutler; Dennert; Elliott; Faehn; Frost; Fryslie; Gassman; Gillespie; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Hunhoff; Jerke; Koistinen; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; O'Brien; Pederson (Gordon); Peters; Rausch; Roberts; Sigdestad; Thompson; Tidemann; Tornow; Valandra; Van Norman; Willadsen; Speaker Michels

Nays:
Brunner; Buckingham; Davis; Deadrick; Dykstra; Garnos; Glenski; Hackl; Heineman; Hennies; Hills; Howie; Hunt; Klaudt; Kraus; Krebs; McCoy; Novstrup; Olson (Ryan); Rave; Rhoden; Rounds; Schafer; Sebert; Turbiville; Van Etten; Vehle; Weems; Wick

Excused:
Jensen; Putnam; Street

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1160 was up for reconsideration and final passage.

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 reconsideration and final passage.

1160oa

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

On page 1, line 13 of the House Education Committee engrossed bill, after " school. " insert "The school shall determine when and where such other services are provided by the school.".

Which motion prevailed.

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

And the roll being called:

Yeas 32, Nays 36, Excused 2, Absent 0

Yeas:
Brunner; Buckingham; Davis; Dykstra; Glenski; Hackl; Haverly; Heineman; Hennies; Hills; Howie; Hunt; Jerke; Klaudt; Kraus; Krebs; Novstrup; Olson (Ryan); Peters; Rave; Rhoden; Rounds; Schafer; Sebert; Street; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick

Nays:
Boomgarden; Bradford; Cutler; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Haley; Halverson; Hanks; Hargens; Hunhoff; Koistinen; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Pederson (Gordon); Rausch; Roberts; Sigdestad; Thompson; Valandra; Van Norman; Willadsen; Speaker Michels

Excused:
Jensen; Putnam

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

Rep. Hennies announced his intention to reconsider the vote by which HB 1160 lost.

Yesterday, Rep. Hargens announced his intention to reconsider the vote by which HB 1128 passed.

Rep. Hargens moved that the House do now reconsider the vote by which HB 1128 passed.

The question being on Rep. Hargens' motion to reconsider the vote by which HB 1128 passed.

And the roll being called:

Yeas 38, Nays 30, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Buckingham; Davis; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hunhoff; Jerke; Klaudt; Koistinen; Krebs; Kroger; Lange; Miles; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Norman; Wick; Speaker Michels

Nays:
Brunner; Cutler; Deadrick; Dykstra; Faehn; Frost; Garnos; Heineman; Hennies; Hills; Howie; Hunt; Kraus; McCoy; McLaughlin; Murschel; O'Brien; Peters; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Willadsen

Excused:
Jensen; Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1128 was up for reconsideration and final passage.

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

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

1128ob

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

On page 1, line 8 of the printed bill, overstrike " , or " and insert " . Any municipality may impose an additional municipal non-ad valorem tax at a rate that does not exceed one percent upon the gross receipts of ".

The Speaker, being in doubt of the voice vote, called for a division of the House.

The Speaker declared the motion prevailed.

The question being “Shall HB 1128 pass as amended?”

And the roll being called:

Yeas 46, Nays 22, Excused 2, Absent 0

Yeas:
Bradford; Buckingham; Cutler; Deadrick; Dennert; Elliott; Faehn; Frost; Gassman; Gillespie; Glenski; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Hunt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Rausch; Roberts; Rounds; Schafer; Sebert; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Willadsen

Nays:
Boomgarden; Brunner; Davis; Dykstra; Fryslie; Garnos; Glover; Hackl; Howie; Hunhoff; Jerke; Klaudt; Kroger; Novstrup; Pederson (Gordon); Peters; Rave; Rhoden; Sigdestad; Valandra; Wick; Speaker Michels

Excused:
Jensen; Putnam

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

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 12:00 p.m. on Friday, February 10^th, the 23^rd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on SB 207 as found on page 432 of the House Journal ; also

Judiciary on HB 1119 as found on pages 433 to 437 of the House Journal ; also

Judiciary on HB 1180 as found on page 437 of the House Journal ; also

Judiciary on HB 1203 as found on pages 437 and 438 of the House Journal ; also

Judiciary on HB 1219 as found on page 438 of the House Journal ; also

Appropriations on HB 1013 as found on pages 438 to 440 of the House Journal ; also

Appropriations on HB 1040 as found on page 440 of the House Journal ; also

Appropriations on HB 1090 as found on pages 440 and 441 of the House Journal ; also

Appropriations on HB 1238 as found on page 441 of the House Journal ; also

Appropriations on HB 1240 as found on page 441 of the House Journal ; also

Appropriations on HB 1241 as found on pages 441 and 442 of the House Journal ; also

Appropriations on HB 1242 as found on page 442 of the House Journal ; also

Appropriations on HB 1244 as found on pages 442 and 443 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 95: FOR AN ACT ENTITLED, An Act to clarify that certain statutory interim committees may introduce legislation on their own motion.

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

SB 167: FOR AN ACT ENTITLED, An Act to revise the conditions under which the state may enter into gaming compacts with Indian tribes.

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

SB 194: FOR AN ACT ENTITLED, An Act to revise the definition of wine for farm wineries.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the approval of plats and the format standards for certain real estate documents recorded with the register of deeds.

Was read the second time.

Rep. Deadrick moved that SB 90 be deferred to Monday, February 13^th, the 24^th legislative day.

Which motion prevailed.

SB 33: FOR AN ACT ENTITLED, An Act to require each applicant for licensure as a nurse and each licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

Was read the second time.

The question being “Shall SB 33 pass?”

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; 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; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Elliott

Excused:
Jensen; Putnam; 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.

SB 34: FOR AN ACT ENTITLED, An Act to revise the quorum requirements for the Board of Nursing.

Was read the second time.

The question being “Shall SB 34 pass?”

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; 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; Willadsen; Speaker Michels

Nays:
Deadrick

Excused:
Dykstra; Jensen; Putnam; 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 183: FOR AN ACT ENTITLED, An Act to provide for distinctive motor vehicle license plates for certain military veterans.

Was read the second time.

The question being “Shall SB 183 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that HB 1215 be placed to follow HB 1232 on today's calendar.

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.

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

The question being on Rep. O'Brien's pending motion to amend HB 1210 as found on page 423 of the House Journal.

Rep. O'Brien moved that HB 1210 and the pending amendment be deferred to the 36^th legislative day.

The question being on Rep. O'Brien's motion that HB 1210 and the pending amendment be deferred to the 36^th legislative day.

And the roll being called:

Yeas 66, Nays 1, Excused 3, 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; Hills; Howie; Hunhoff; Hunt; 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

Nays:
Bradford

Excused:
Hennies; Jensen; Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the bill was so deferred.

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.

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

The question being on Rep. Weems' pending motion to amend HB 1194 as found on page 425 of the House Journal.

1194ri

Rep. Brunner moved as a substitute motion that HB 1194 be amended as follows:

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

Section1. That chapter 13-33A be amended by adding thereto a NEW SECTION to read as follows:

No person may dispense, provide, or otherwise distribute in a public school or on public school property, any contraceptive or abortifacient drug, contraceptive device, or other similar drug or device unless the person is a parent of the student who is being provided the contraceptive or abortifacient drug, contraceptive device, or other similar drug or device.

Section 2. The provisions of this Act do not apply to any school governed by the provisions of chapter 13-39.

Section 3. No minor may be adjudicated for a violation of this Act."

Which motion prevailed.

The question being “Shall HB 1194 pass as amended?”

And the roll being called:

Yeas 51, Nays 17, Excused 2, Absent 0

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

Nays:
Bradford; Dennert; Glover; Hackl; Haley; Halverson; Hargens; Hennies; Hunhoff; Kroger; Murschel; O'Brien; Roberts; Sigdestad; Thompson; Valandra; Van Norman

Excused:
Jensen; Putnam

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. Weems moved that the title to HB 1194 be amended as follows:

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

On page 1 , delete line 3 .

Which motion prevailed and the title was so amended.

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.

The question being “Shall HB 1055 pass?”

And the roll being called:

Yeas 41, Nays 27, Excused 2, Absent 0

Yeas:
Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Koistinen; Kraus; Krebs; McLaughlin; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Schafer; Sebert; Thompson; Tornow; Turbiville; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Boomgarden; Bradford; Dennert; Elliott; Frost; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Klaudt; Kroger; Lange; McCoy; Miles; Murschel; Olson (Ryan); Roberts; Rounds; Sigdestad; Street; Tidemann; Valandra; Van Etten; Van Norman

Excused:
Jensen; Putnam

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

Rep. Dykstra announced his intention to reconsider the vote by which HB 1055 lost.

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

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

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Rep. Olson moved that HB 1236 be amended as follows:

On page 1, line 13 of the printed bill, delete " nine " and insert "seven".

On page 1 , line 14, after " with " insert "broadly based".

On page 1 , line 14, delete everything after " from " and insert "entities involved in virtual education efforts statewide.".

On page 1 , delete lines 15 and 16 .

On page 2 , delete lines 1 to 5 , inclusive.

On page 2 , line 6, delete " five " and insert "four".

On page 2 , line 7, delete " four " and insert "three".

Which motion prevailed.

The question being “Shall HB 1236 pass as amended?”

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

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

Nays:
Boomgarden; Deadrick; Gillespie; Glenski; Hargens; Klaudt; O'Brien; Peters; Rausch; Tidemann; Tornow

Excused:
Jensen; Putnam

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

HB 1197: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the reduction of unemployment benefits.

Was read the second time.

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Rep. Rounds moved that HB 1197 be amended as follows:

On page 2, line 13 of the House Commerce Committee engrossed bill, delete " twenty " and insert " thirty ".

Which motion prevailed.

The question being “Shall HB 1197 pass as amended?”

And the roll being called:

Yeas 41, Nays 27, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Cutler; Dennert; Elliott; Faehn; Frost; Fryslie; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Hills; Howie; Hunt; Jerke; Koistinen; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Roberts; Schafer; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Wick; Willadsen

Nays:
Brunner; Buckingham; Davis; Deadrick; Dykstra; Garnos; Hackl; Haverly; Heineman; Hunhoff; Klaudt; Kraus; Krebs; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Sebert; Tidemann; Tornow; Weems; Speaker Michels

Excused:
Jensen; Putnam

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

HB 1129: FOR AN ACT ENTITLED, An Act to exempt certain facilities used for business incubators from property taxation.

Was read the second time.

The question being “Shall HB 1129 pass as amended?”

And the roll being called:

Yeas 66, Nays 2, Excused 2, 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; Jerke; 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

Nays:
Klaudt; Speaker Michels

Excused:
Jensen; Putnam

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

Speaker Pro tempore Deadrick now presiding.

HB 1232: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the freeze on property assessments for disabled and senior citizens.

Was read the second time.

The question being “Shall HB 1232 pass as amended?”

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; 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; 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

Nays:
Brunner

Excused:
Jensen; Putnam

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

Speaker Michels now presiding.

HB 1215: FOR AN ACT ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

Was read the second time.

1215oa

Rep. Hargens moved that HB 1215 be amended as follows:

On page 2, line 22 of the printed bill, after " mother " insert "or terminates a pregnancy which was the result of rape or incest".

Rep. Willadsen moved that Rep. Hargens' motion to amend HB 1215 be laid on the table.

Which motion prevailed.

1215rb

Rep. Hennies moved that HB 1215 be amended as follows:

On page 2, line 22 of the printed bill, after " mother " insert "or terminates a pregnancy which may have been the result of rape or incest.".

Rep. Rhoden moved that Rep. Hennies' motion to amend HB 1215 be laid on the table.

A roll call vote was requested and supported.

The question being on Rep. Rhoden's motion that Rep. Hennies' motion to amend HB 1215 be laid on the table.

And the roll being called:

Yeas 42, Nays 25, Excused 3, Absent 0

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

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

Excused:
Bradford; Jensen; Putnam

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the amendment was tabled.

1215ra

Rep. Haley moved that HB 1215 be amended as follows:

On page 4, between lines 11 and 12 of the printed bill, insert:

Section 10. There is hereby created, in the Office of the Attorney General, the abortion litigation fund. All donations and contributions from persons, private, corporate, or public, for the purpose of defraying the costs to the State of South Dakota involved with litigating the provisions of this Act shall be deposited in the fund.

Section 11. All expenses incurred in litigating the provisions of this Act shall be paid from the abortion litigation fund. No expenditure for litigating the provisions of this Act may be made by the Office of the Attorney General that exceeds the donations and contributions from persons, private, corporate, or public, which have been deposited in the fund.".

Rep. Rhoden moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Haley's motion that HB 1215 be amended.

And the roll being called:

Yeas 22, Nays 45, Excused 3, Absent 0

Yeas:
Bradford; Cutler; Dennert; Elliott; Gassman; Glover; Haley; Halverson; Hargens; Hills; Kroger; Lange; McLaughlin; Murschel; O'Brien; Roberts; Sigdestad; Street; Thompson; Tidemann; Valandra; Van Norman

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

Excused:
Gillespie; Jensen; Putnam

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

1215fa

Rep. Hargens moved that HB 1215 be amended as follows:

On page 2, line 21 of the printed bill, after " prevent " insert "serious risk of substantial and irreversible impairment of a major bodily function or".

A roll call vote was requested and supported.

The question being on Rep. Hargens' motion that HB 1215 be amended.

And the roll being called:

Yeas 27, Nays 41, Excused 2, Absent 0

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

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

Excused:
Gillespie; Jensen

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

The question being “Shall HB 1215 pass?”

And the roll being called:

Yeas 47, Nays 22, Excused 1, Absent 0

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

Nays:
Bradford; Cutler; Dennert; Elliott; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Hennies; McLaughlin; Murschel; O'Brien; Roberts; Sigdestad; Street; Thompson; Tidemann; Valandra; Van Norman; Vehle

Excused:
Jensen

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 1233: FOR AN ACT ENTITLED, An Act to provide for the establishment and operation of artisan distillers and to revise certain provisions concerning farm wineries.

Was read the second time.

1233fg

Rep. Krebs moved that HB 1233 be amended as follows:

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

Section 1. Terms used in this Act mean:

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

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

Section 2. The department may issue an artisan distiller license to an artisan distiller. The fee for the license shall be five hundred dollars per year.

Section 3. 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 the purposes other than human consumption is required to obtain an artisan distiller license.

Section 4. An artisan distiller shall maintain records of all sales and shipments. The artisan distiller shall provide to the department monthly reports regarding quantities and prices of distilled spirits shipped and other information that the department determines to be necessary.

Section 5. Except as provided in this Act, all provisions of Title 35 apply to the production, sale, possession, and consumption of distilled spirits produced by an artisan distiller.

Section 6. There is hereby levied on all distilled spirits produced by an 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 7. At least thirty percent of the raw materials used by an artisan distiller to produce distilled spirits shall consist of agricultural products grown in South Dakota. If the products are not available in quantities sufficient to constitute the required thirty percent, the holder of the artisan distillery license may file an affidavit with the department stating this fact and requesting that the department approve the use of imported products by the artisan distillery. If the department approves, the artisan distillery may use imported products and shall continue to be governed by this Act. The department's approval is effective for one year, after which time it shall again be required that at least thirty percent of the raw materials used consist of agricultural products grown in South Dakota, unless the artisan distiller files a new affidavit and request and the department approves the request.

Section 8. For purposes of producing distilled spirits an artisan distiller may purchase or receive alcoholic beverages in accordance with § 35-4-47.

Section 9. A license issued pursuant to section 2 of this Act authorizes the sale on the distillery premises of distilled spirits produced by the artisan distillery at on-sale or off-sale, in total quantities not in excess of fifty thousand gallons in a calendar year and the dispensing of free samples of distilled spirits offered for sale. Except as provided in this Act, such sales shall comply with the provisions of Title 35.

Section 10. The holder of an artisan distiller license may also hold on the premises where the distilled spirit is produced an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) and subject to the quota established in § 35-4-11 or 35-4-11.1.

Section 11. The holder of an artisan distiller license shall register labels for each type or brand produced with the department in the same manner and at the same manner as prescribed for distilled spirits in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.

Section 12. That subdivision (19) of § 35-4-2 be amended to read as follows:

(19) Off-sale package wine dealers in table wines, sparkling wines, ~~and~~ sacramental wine , and distilled spirits produced from product provided to an artisan distiller by the respective farm winery to be operated in conjunction with a farm winery established pursuant to chapter 35-12--one hundred fifty dollars.

Section 13. That § 35-12-10 be amended to read as follows:

35-12-10. Notwithstanding the provisions of § 35-4-47 or 35-4-60, a farm winery licensed pursuant to this chapter may sell the wine produced under the license to wholesalers and retailers licensed pursuant to subdivisions 35-4-2(2), (3), (4), (5), (6), (9), (11), (12), (13), and (18) and artisan distillers licensed pursuant to section 2 of this Act. A farm winery may sell to an artisan distiller wine or other products containing alcohol that are produced on the premises of the winery for blending or distillation by the artisan dealer .

Section 14. An artisan distiller may sell distilled spirits to a farm winery if the distilled spirits were produced from products provided to the artisan distiller by the farm winery."

Which motion prevailed.

The question being “Shall HB 1233 pass as amended?”

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

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

Nays:
Bradford; Gillespie; Haley; Hargens; Tornow; Van Etten; Van Norman

Excused:
Elliott; Jensen; Schafer

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

HB 1079: FOR AN ACT ENTITLED, An Act to define an enrolled student.

Was read the second time.

Speaker Pro tempore Deadrick now presiding.

The question being “Shall HB 1079 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

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 1234: FOR AN ACT ENTITLED, An Act to require all children to attend kindergarten and to establish a minimum length of time for kindergarten programs.

Was read the second time.

The question being “Shall HB 1234 pass as amended?”

And the roll being called:

Yeas 52, Nays 15, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Haverly; Heineman; Hennies; Hills; Hunhoff; Hunt; Jerke; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Putnam; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Brunner; Dennert; Frost; Hackl; Hanks; Hargens; Howie; Klaudt; Koistinen; Novstrup; Rausch; Rave; Rhoden; Tornow; Van Norman

Excused:
Elliott; Jensen; Peters

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 1150: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to controlled drugs and substances.

Was read the second time.

The question being “Shall HB 1150 pass?”

And the roll being called:

Yeas 35, Nays 33, Excused 2, Absent 0

Yeas:
Bradford; Cutler; Deadrick; Dennert; Dykstra; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Hennies; Hills; Hunhoff; Kroger; Lange; McLaughlin; Miles; Murschel; O'Brien; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Willadsen

Nays:
Boomgarden; Brunner; Buckingham; Davis; Faehn; Frost; Fryslie; Garnos; Haverly; Heineman; Howie; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Sebert; Tornow; Van Etten; Weems; Wick; Speaker Michels

Excused:
Elliott; Jensen

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

Rep. O'Brien announced his intention to reconsider the vote by which HB 1150 lost.

HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding court suspensions and revocations of driver licenses.

Was read the second time.

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Rep. McCoy moved that HB 1163 be amended as follows:

On page 1, line 8 of the printed bill, delete " ~~one hundred eighty~~ thirty " and insert "one hundred eighty".

On page 1 , delete lines 9 to 13 , inclusive.

On page 1 , line 14, after "Upon a" delete " ~~second~~ third " and insert "second".

On page 1 , line 14, after " or a " delete " ~~second~~ third " and insert "second".

On page 2 , line 2, delete " , if such third or subsequent conviction or " .

On page 2 , line 3, delete " adjudication occurred within four years of the previous conviction or adjudication, " .

Which motion lost.

The question being “Shall HB 1163 pass?”

And the roll being called:

Yeas 56, Nays 12, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Cutler; Deadrick; Dennert; Dykstra; Faehn; Frost; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Koistinen; Kraus; Krebs; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Buckingham; Davis; Fryslie; Hackl; Heineman; Jerke; Klaudt; McCoy; Pederson (Gordon); Putnam; Tornow; Van Etten

Excused:
Elliott; Jensen

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 1020: FOR AN ACT ENTITLED, An Act to reappropriate certain moneys to state aid to general education.

Was read the second time.

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Rep. Dennert moved that HB 1020 be amended as follows:

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

"
Section 1. Notwithstanding the provisions of subdivision 13-13-73 (4), the secretary of the Department of Education shall calculate and distribute the amount of excess funds appropriated by the Legislature for general support of education pursuant to the foundation formula in chapter 13-13 for state fiscal year 2006 prior to January 1, 2007. The secretary shall distribute the fiscal year 2006 excess on the basis of average daily membership as defined in § 13-13-10.1."

A roll call vote was requested and supported.

The question being on Rep. Dennert's motion that HB 1020 be amended.

And the roll being called:

Yeas 21, Nays 47, Excused 2, Absent 0

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

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

Excused:
Elliott; Jensen

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

The question being “Shall HB 1020 pass?”

And the roll being called:

Yeas 56, Nays 12, Excused 2, Absent 0

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

Nays:
Bradford; Dennert; Gillespie; Glover; Haley; Halverson; Klaudt; Kroger; Roberts; Valandra; Van Norman; Wick

Excused:
Elliott; Jensen

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.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HJR 1002 was tabled.

Respectfully,
Patricia Adam, Secretary

Speaker Michels now presiding.

MOTIONS AND RESOLUTIONS

Rep. Rhoden moved that

SB 48 be referred from the Committee on Commerce to the Committee on Local Government; also

SB 130 be referred from the Committee on Commerce to the Committee on Taxation; also

SB 133 be referred from the Committee on Commerce to the Committee on Local Government; also

SB 166 be referred from the Committee on Commerce to the Committee on Health and Human Services; also

SB 58 be referred from the Committee on Judiciary to the Committee on Health and Human Services; also

SB 60 be referred from the Committee on Judiciary to the Committee on Local Government; also

SB 63 be referred from the Committee on Judiciary to the Committee on State Affairs.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 32, 11, 12, 71, 77, 78, 101, 56, 182, 109, 118, 185, and 107 be deferred to Friday, February 10^th, the 23^rd 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 1017, 1043, 1044, and 1045 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to implement and comply with certain federal energy acts and to validate certain related commission actions.

HB 1043: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding life insurance exclusions.

HB 1044: FOR AN ACT ENTITLED, An Act to clarify the application of certain provisions relating to the exemption of debt cancellation contracts from insurance regulation.

HB 1045: FOR AN ACT ENTITLED, An Act to modify the requirements for coordination of benefits between health plans.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1012 Introduced by: Representatives Haley, Bradford, Dennert, Elliott, Gillespie, Halverson, Hargens, Miles, Roberts, Sigdestad, Street, and Thompson

A LEGISLATIVE COMMEMORATION, Honoring Eric Ransom, a senior at Wolsey- Wessington High School, who has received recognition for exemplary athleticism by earning more than one thousand points during his high school basketball career.

WHEREAS, Eric Ransom, a student at Wolsey-Wessington, has played basketball during his entire high school career as a forward, and has impressively maintained a 4.00 GPA; and

WHEREAS, Eric was named as a first-team All 281 Conference player as a junior; and

WHEREAS, Eric as his team's captain, has demonstrated dedication, commitment, leadership, and loyalty to his teammates and coaches:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Eric Ransom be commended for his excellence in basketball and scholastic achievement during his high school career.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 6:20 p.m. the House adjourned.

Karen Gerdes, Chief Clerk