House Journal 02/10/2006 12:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 10, 2006

The House convened at 12:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Ashley Uthe and Anna Wiese.

Roll Call: All members present except Reps. Elliott and Krebs who were 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-second 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 Appropriations respectfully reports that it has had under consideration SB 26, 152, 204, and 205 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 151 and returns the same with the recommendation that said bill be amended as follows:

151za

On page 1, line 12 of the printed bill, overstrike " , and " and insert " . Also, ".

On page 2 , line 1, after " money " insert " raised by such tax ".

And that as so amended said bill do pass.

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

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 150 and 208 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 SB 148 and returns the same with the recommendation that said bill be amended as follows:

148rc

On page 6, line 7 of the Senate engrossed bill, after " convictions " insert " , in any jurisdiction, ".

148rd

On page 3, line 7 of the Senate engrossed bill, delete " , or has received a suspended " .

On page 3 , line 8, delete " adjudication pursuant to § 26-8C-4 for, " .

148re

On page 3, line 18 of the Senate engrossed bill, delete " or whose probation required under § 26-8C-4 is successfully " .

On page 3 , line 19, delete " completed, " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill be amended as follows:

149rc

On page 1, line 6 of the Senate Judiciary Committee engrossed bill, after " within " insert "one thousand".

On page 1 , line 7, after " playground, " insert "daycare center,".

On page 2 , line 5, after " 24B " insert "and whose crime involved a minor victim".

On page 4 , line 5, delete " clear and convincing " and insert "conclusive".

149rd

On page 3, line 17 of the Senate Judiciary Committee engrossed bill, after " counsel, " insert "publicly funded".

149re

On the Senate Judiciary Committee engrossed bill, rescind the previously adopted amendment (149rc).

And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 179 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 SB 119 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1036, 1037, 1089, 1161, and 1171 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1039, HB 1189, HJR 1001, and HJR 1003 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 HCR 1005 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 53, 172, and 186 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 3 Introduced by: Representatives Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Michels; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eighty-first Legislature of the State of South Dakota to Ellen Bastian, Chelsey Gassman, April Gross, Ashley Hill, Lacie Hoffman, Joe Mesteth, Jr., Isaac Randall, Jared Tidemann, Ashley Uthe, Ashley Vanneman, Renelle White Buffalo, Anna Wiese.

WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-first Legislative Session; and

WHEREAS, the members of the Eighty-first House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- first Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Rhoden moved that House Page Resolution 3 be adopted.

Which motion prevailed and the resolution was adopted.

Rep. Putnam moved that the House do concur in Senate amendments to HB 1021.

The question being on Rep. Putnam's motion that the House do concur in Senate amendments to HB 1021.

And the roll being called:

Yeas 67, Nays 0, 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; Jensen; Jerke; Klaudt; Koistinen; Kraus; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; 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; Krebs; Nelson

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Boomgarden moved that the House do concur in Senate amendments to HB 1077.

The question being on Rep. Boomgarden's motion that the House do concur in Senate amendments to HB 1077.

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; Jensen; Jerke; Klaudt; Koistinen; Kraus; 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; Krebs

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. Rounds moved that the House do concur in Senate amendments to HB 1118.

The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1118.

And the roll being called:

Yeas 55, Nays 13, Excused 2, Absent 0

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

Nays:
Bradford; Dennert; Gassman; Gillespie; Glenski; Glover; Hackl; Hargens; Miles; Street; Thompson; Van Norman; Wick

Excused:
Elliott; Krebs

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. Murschel moved that the House do concur in Senate amendments to HB 1147.

The question being on Rep. Murschel's motion that the House do concur in Senate amendments to HB 1147.

And the roll being called:

Yeas 58, Nays 10, Excused 2, Absent 0

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

Nays:
Buckingham; Davis; Frost; Fryslie; McCoy; Olson (Ryan); Tornow; Van Etten; Weems; Wick

Excused:
Elliott; Krebs

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

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

Rep. Brunner moved that the House do now reconsider the vote by which HB 1160 lost.

The question being on Rep. Brunner's motion to reconsider the vote by which HB 1160 lost.

And the roll being called:

Yeas 31, Nays 37, Excused 2, Absent 0

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

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

Excused:
Elliott; Krebs

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

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

Rep. Dykstra moved that the House do now reconsider the vote by which HB 1055 lost.

The question being on Rep. Dykstra's motion to reconsider the vote by which HB 1055 lost.

And the roll being called:

Yeas 53, Nays 15, Excused 2, Absent 0

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

Nays:
Brunner; Dennert; Gassman; Glenski; Glover; Klaudt; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Van Etten; Van Norman

Excused:
Elliott; Krebs

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1055 was up for reconsideration and final passage.

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 reconsideration and final passage.

The question being “Shall HB 1055 pass?”

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

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

Nays:
Dennert; Gassman; Glover; Klaudt; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Van Etten

Excused:
Elliott; Krebs

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.

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

Rep. O'Brien moved that the House do now reconsider the vote by which HB 1150 lost.

The question being on Rep. O'Brien's motion to reconsider the vote by which HB 1150 lost.

And the roll being called:

Yeas 41, Nays 27, Excused 2, Absent 0

Yeas:
Bradford; Cutler; Deadrick; Dennert; Dykstra; Faehn; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Hennies; Hills; Hunhoff; Jerke; Kraus; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; O'Brien; Putnam; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Speaker Michels

Nays:
Boomgarden; Brunner; Buckingham; Davis; Frost; Fryslie; Garnos; Hackl; Haverly; Heineman; Howie; Hunt; Jensen; Klaudt; Koistinen; McCoy; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rhoden; Tornow; Van Etten; Weems; Wick; Willadsen

Excused:
Elliott; Krebs

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1150 was up for reconsideration and final passage.

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

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

1150jb

Rep. O'Brien moved that HB 1150 be amended as follows:

On page 6, line 22 of the printed bill, delete " ~~one thousand~~ three hundred " and insert "one thousand".

On page 6 , line 24, delete " ~~five~~ three " and insert "five".

Which motion prevailed.

The question being “Shall HB 1150 pass as amended?”

And the roll being called:

Yeas 38, Nays 30, Excused 2, Absent 0

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

Nays:
Boomgarden; Brunner; Buckingham; Davis; Frost; Fryslie; Garnos; Hackl; Heineman; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen; McCoy; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Tornow; Van Etten; Weems; Wick; Willadsen; Speaker Michels

Excused:
Elliott; Krebs

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.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1096 as found on pages 464 and 465 of the House Journal ; also

Taxation on HB 1106 as found on page 466 of the House Journal ; also

Taxation on HB 1167 as found on page 467 of the House Journal ; also

Education on HB 1175 as found on page 468 of the House Journal ; also

Education on HB 1176 as found on pages 469 and 470 of the House Journal ; also

Education on HB 1221 as found on page 471 of the House Journal ; also

Education on HB 1223 as found on pages 471 and 472 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consideration of assets for the purpose of long-term care eligibility.

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

SB 172: FOR AN ACT ENTITLED, An Act to authorize certain nonresident members of the South Dakota National Guard to qualify for resident tuition rates.

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

SB 186: FOR AN ACT ENTITLED, An Act to classify the production of certain upland game birds as an agricultural pursuit.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 24: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the authority of the Public Utilities Commission with regard to AC/DC conversion projects and energy conversion facilities.

Was read the second time.

The question being “Shall SB 24 pass?”

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; Jensen; Jerke; Klaudt; Koistinen; Kraus; 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; Krebs

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 38: FOR AN ACT ENTITLED, An Act to increase the annual operation certificate fee for certain boilers.

Was read the second time.

The question being “Shall SB 38 pass?”

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Deadrick; Dennert; Dykstra; 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; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Davis

Excused:
Elliott; Krebs

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.

SB 40: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of weighing and measuring devices and the regulation of service agencies of weighing and measuring devices.

Was read the second time.

The question being “Shall SB 40 pass?”

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; Jensen; Jerke; Klaudt; Koistinen; Kraus; 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; Krebs

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1119: FOR AN ACT ENTITLED, An Act to repeal certain mandatory minimum sentences for driving under the influence, to expand those substances under which a person may be found to be under the influence, and to revise certain driving under the influence provisions for clarity and consistency.

Was read the second time.

1119rh

Rep. Gillespie moved that HB 1119 be amended as follows:

On page 2, line 21 of the House Judiciary Committee engrossed bill, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 3 , line 14, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 4 , line 9, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 5 , line 12, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 6 , line 5, delete " 32-35-43.1 " and insert " 32-35-113 ".

Which motion prevailed.

The question being “Shall HB 1119 pass as amended?”

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

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

Nays:
Davis; Hanks; Klaudt

Excused:
Elliott; Krebs

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 1180: FOR AN ACT ENTITLED, An Act to prohibit certain acts of child neglect, abuse, and endangerment and to provide penalties therefor.

Was read the second time.

1180ja

Rep. O'Brien moved that HB 1180 be amended as follows:

On page 2, line 8 of the House Judiciary Committee engrossed bill, delete " parent, guardian, or custodian " and insert "person".

Which motion prevailed.

1180rc

Rep. Tornow moved that HB 1180 be further amended as follows:

On page 1 of the House Judiciary Committee engrossed bill, delete lines 4 to 11 , inclusive.

Rep. Rhoden moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Tornow's motion that HB 1180 be amended.

And the roll being called:

Yeas 35, Nays 33, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Frost; Gassman; Glenski; Hackl; Haverly; Howie; Hunt; Jerke; Klaudt; Koistinen; Lange; McCoy; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Putnam; Rausch; Rave; Rhoden; Rounds; Tornow; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick

Nays:
Cutler; Dennert; Faehn; Fryslie; Garnos; Gillespie; Glover; Haley; Halverson; Hanks; Hargens; Heineman; Hennies; Hills; Hunhoff; Jensen; Kraus; Kroger; McLaughlin; Miles; Murschel; O'Brien; Peters; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Willadsen; Speaker Michels

Excused:
Elliott; Krebs

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1180 was so amended.

The question being “Shall HB 1180 pass as amended?”

And the roll being called:

Yeas 62, Nays 6, Excused 2, Absent 0

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

Nays:
Davis; Faehn; Hanks; Klaudt; Putnam; Sebert

Excused:
Elliott; Krebs

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. Tornow moved that the title to HB 1180 be amended as follows:

On page 1, line 1 of the House Judiciary Committee engrossed bill, delete " neglect, abuse, " and insert "abuse".

Which motion prevailed and the title was so amended.

HB 1203: FOR AN ACT ENTITLED, An Act to define marital and nonmarital property for the purposes of the division of property between parties at divorce.

Was read the second time.

The question being “Shall HB 1203 pass as amended?”

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

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

Nays:
Frost; Kraus; Van Etten; Vehle

Excused:
Elliott; Krebs; Sigdestad

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 1219: FOR AN ACT ENTITLED, An Act to revise the advice that a law enforcement officer must give any person arrested for driving under influence.

Was read the second time.

The question being “Shall HB 1219 pass as amended?”

And the roll being called:

Yeas 65, Nays 2, 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; Jensen; Jerke; Koistinen; Kraus; 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; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Klaudt; Putnam

Excused:
Elliott; Krebs; Valandra

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 1013: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents for the construction, remodeling, or renovation of various structures or facilities on the campuses of the state's universities to provide additional support for women's athletic programs in furtherance of the policies and objectives of Title IX of the Education Act Amendments of 1972.

Was read the second time.

1013ab

Rep. Putnam moved that HB 1013 be amended as follows:

On page 3, after line 14 of the House Appropriations Committee engrossed bill, insert:

Section 6. No general fund dollars may be used for the maintenance and repair of the facilities authorized by this Act.".

Which motion prevailed.

The question being “Shall HB 1013 pass as amended?”

And the roll being called:

Yeas 67, Nays 1, 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; Jensen; Jerke; Koistinen; Kraus; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Klaudt

Excused:
Elliott; Krebs

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 1040: FOR AN ACT ENTITLED, An Act to revise the minimum monthly fee charged for care at the Human Services Center.

Was read the second time.

1040uc

Rep. Hunhoff moved that HB 1040 be amended as follows:

On page 2 of the House Appropriations Committee engrossed bill, delete lines 11 to 17 , inclusive.

Which motion prevailed.

The question being “Shall HB 1040 pass as amended?”

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; 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; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Frost; Klaudt

Excused:
Elliott; Krebs; Tidemann

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 1090: FOR AN ACT ENTITLED, An Act to appropriate money for compensatory payments to certain school districts.

Was read the second time.

The question being “Shall HB 1090 pass as amended?”

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

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

Nays:
Dykstra; Garnos; Heineman; Kraus; Olson (Ryan); Putnam; Rhoden; Rounds; Tornow

Excused:
Elliott; Krebs; Tidemann

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 1238: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase certain real property for the sole purpose of providing a site for the operation of instructional, research and service programs delivered through institutions established by the Legislature and governed by the Board of Regents, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

1238ac

Rep. Peters moved that HB 1238 be amended as follows:

On page 2, line 18 of the House Appropriations Committee engrossed bill, after " on the " insert "legislative".

Which motion prevailed.

1238fc

Rep. Buckingham moved that HB 1238 be further amended as follows:

On page 2, between lines 19 and 20 of the House Appropriations Committee engrossed bill, insert:

"    Section 5. There is hereby established the Higher Education Task Force. The task force shall consist of fifteen members appointed by the Governor. Not more than ten of the task force members may belong to the same political party. The initial appointments shall be made no later than sixty days after the effective date of this Act. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment. The appointments shall include individuals representing the Board of Regents, public and private university systems, the Native American university system, postsecondary technical institutes, and the communities where the universities are located. The number of members appointed who represent public universities shall be the same as the number of members appointed who represent private universities. The Governor shall appoint the chair and the vice chair of the task force.

     Section 6. The task force shall be under the supervision of the Department of Executive Management.

     Section 7. The task force shall consider the following economic impact of private universities:

(1) Demographics, including the number of students attending private universities;

(2) Contributions private universities are making to the state of South Dakota as it relates to job placement in South Dakota; and

(3) Types of programs offered by private universities that directly or indirectly impact occupational needs in the state.

Section 8. The task force shall examine how other states treat public and private university systems, encourage competition, maintain educational access in rural and urban population centers, and keep educational access affordable for traditional and nontraditional students. The task force shall submit its final report to the Governor and the Legislature no later than November 1, 2007.".

Which motion lost.

The question being “Shall HB 1238 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; Hackl; Haley; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Kraus; 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; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Gillespie; Glover; Hargens; Jerke; Klaudt; Koistinen

Excused:
Elliott; Krebs; Tidemann

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 1240: FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund, to make an appropriation for low income energy assistance, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1240 pass as amended?”

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Gillespie; Hargens; Klaudt

Excused:
Elliott; Krebs; Tidemann; Tornow

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 1241: FOR AN ACT ENTITLED, An Act to reappropriate certain moneys to fund sales tax on food refunds.

Was read the second time.

The question being “Shall HB 1241 pass as amended?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, 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; Jensen; Jerke; Klaudt; Koistinen; Kraus; 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; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Elliott; Krebs; Tidemann; Tornow

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 1242: FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund to the property tax reduction fund.

Was read the second time.

The question being “Shall HB 1242 pass as amended?”

And the roll being called:

Yeas 50, Nays 16, Excused 4, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Glover; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Kraus; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Street; Thompson; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Gillespie; Glenski; Haley; Halverson; Hargens; Klaudt; Koistinen; Kroger; Lange; Miles; Pederson (Gordon); Sigdestad; Valandra; Van Norman

Excused:
Elliott; Krebs; Tidemann; Tornow

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 1244: FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund, to make an appropriation to construct instructional classrooms, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1244 pass as amended?”

And the roll being called:

Yeas 56, Nays 9, Excused 5, Absent 0

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

Nays:
Gillespie; Glover; Hargens; Jerke; Klaudt; Koistinen; Kroger; Pederson (Gordon); Sigdestad

Excused:
Bradford; Elliott; Krebs; Tidemann; Tornow

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 1235: FOR AN ACT ENTITLED, An Act to increase the compulsory attendance age for school attendance.

Was read the second time.

1235ra

Rep. Wick moved that HB 1235 be amended as follows:

On page 1, line 11 of the printed bill, delete " 1988 " and insert " 1990 ".

On page 1 , line 11, delete " 1990 " and insert " 1992 ".

On page 1 , line 13, delete " 2004 " and insert " 2006 ".

On page 1 , line 13, delete " 2006 " and insert " 2008 ".

On page 2 , after line 1, insert:

"
Section 2. The provisions of this Act are effective July 1, 2008.".

Rep. Rhoden moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Wick's motion that HB 1235 be amended.

And the roll being called:

Yeas 53, Nays 13, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Lange; McLaughlin; Miles; Nelson; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Roberts; Rounds; Sebert; Sigdestad; Street; Thompson; Valandra; Van Etten; Van Norman; Vehle; Wick

Nays:
Buckingham; Heineman; Kroger; McCoy; Murschel; Novstrup; Pederson (Gordon); Rhoden; Schafer; Turbiville; Weems; Willadsen; Speaker Michels

Excused:
Elliott; Krebs; Tidemann; Tornow

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1235 was so amended.

The question being “Shall HB 1235 pass as amended?”

And the roll being called:

Yeas 51, Nays 14, Excused 5, Absent 0

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

Nays:
Brunner; Davis; Dennert; Hanks; Hargens; Howie; Hunhoff; Klaudt; Rausch; Rave; Rhoden; Sigdestad; Turbiville; Van Norman

Excused:
Elliott; Krebs; Tidemann; Tornow; Valandra

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 1096: FOR AN ACT ENTITLED, An Act to regulate access to and use of natural nonmeandered lakes and to provide certain penalties.

Was read the second time.

1096ti

Rep. Nelson moved that HB 1096 be amended as follows:

On page 2, line 14 of the House Agriculture and Natural Resources Committee engrossed bill, delete " 8 " and insert "7".

On page 2 , line 16, delete " 8 " and insert "7".

On page 4 , line 11, delete " 8 " and insert "7".

Which motion prevailed.

Rep. Frost moved that HB 1096 be laid on the table.

The question being on Rep. Frost's motion that HB 1096 be laid on the table.

And the roll being called:

Yeas 30, Nays 35, Excused 5, Absent 0

Yeas:
Buckingham; Davis; Deadrick; Faehn; Frost; Glenski; Hanks; Haverly; Heineman; Hennies; Hills; Hunt; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Pederson (Gordon); Peters; Roberts; Rounds; Sebert; Thompson; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Boomgarden; Bradford; Brunner; Cutler; Dennert; Dykstra; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Halverson; Hargens; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Kroger; Lange; Miles; Nelson; Olson (Ryan); Putnam; Rausch; Rave; Rhoden; Schafer; Sigdestad; Street; Turbiville; Van Norman

Excused:
Elliott; Haley; Krebs; Tidemann; Valandra

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

Rep. Dykstra moved the previous question.

Which motion prevailed.

The question being “Shall HB 1096 pass as amended?”

And the roll being called:

Yeas 31, Nays 36, Excused 3, Absent 0

Yeas:
Bradford; Brunner; Cutler; Dennert; Dykstra; Fryslie; Garnos; Gassman; Gillespie; Glover; Hackl; Halverson; Hargens; Howie; Jensen; Jerke; Klaudt; Koistinen; Kraus; Lange; Nelson; Putnam; Rausch; Rave; Rhoden; Schafer; Sigdestad; Street; Turbiville; Valandra; Van Norman

Nays:
Boomgarden; Buckingham; Davis; Deadrick; Faehn; Frost; Glenski; Haley; Hanks; Haverly; Heineman; Hennies; Hills; Hunhoff; Hunt; Kroger; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Roberts; Rounds; Sebert; Thompson; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Elliott; Krebs; Tidemann

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

HB 1106: FOR AN ACT ENTITLED, An Act to provide for a legislative study of the taxes imposed on the telecommunications industry.

Was read the second time.

The question being “Shall HB 1106 pass as amended?”

And the roll being called:

Yeas 29, Nays 38, Excused 3, Absent 0

Yeas:
Brunner; Cutler; Deadrick; Dykstra; Faehn; Garnos; Glover; Hackl; Heineman; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Lange; McCoy; Nelson; Novstrup; O'Brien; Olson (Ryan); Roberts; Tornow; Turbiville; Valandra; Van Etten; Weems; Wick

Nays:
Boomgarden; Bradford; Buckingham; Davis; Dennert; Frost; Fryslie; Gassman; Gillespie; Glenski; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hunhoff; Klaudt; Kroger; McLaughlin; Miles; Murschel; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Van Norman; Vehle; Willadsen; Speaker Michels

Excused:
Elliott; Krebs; Tidemann

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

HB 1167: FOR AN ACT ENTITLED, An Act to create a tax relief fund and to dedicate certain sales and use tax revenue received by the state through the Streamlined Sales and Use Tax Agreement.

Was read the second time.

The question being “Shall HB 1167 pass as amended?”

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; Jensen; Jerke; Klaudt; Koistinen; Kraus; 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; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Putnam

Excused:
Elliott; Krebs; Tidemann

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 1175: FOR AN ACT ENTITLED, An Act to appropriate money for nonrecurring education enrichment.

Was read the second time.

The question being “Shall HB 1175 pass as amended?”

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; 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; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Dykstra; Hargens

Excused:
Elliott; Krebs; Tidemann

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 1176: FOR AN ACT ENTITLED, An Act to allow the Department of Education to enter into certain enrollment agreements with the state of Minnesota.

Was read the second time.

The question being “Shall HB 1176 pass as amended?”

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; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; 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; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hargens

Excused:
Elliott; Krebs; Tidemann

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 1221: FOR AN ACT ENTITLED, An Act to create a statewide mathematics initiative and to make an appropriation therefor.

Was read the second time.

The question being “Shall HB 1221 pass as amended?”

And the roll being called:

Yeas 56, Nays 11, Excused 3, Absent 0

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

Nays:
Deadrick; Glover; Haley; Halverson; Hanks; Hargens; Miles; Murschel; Rausch; Rounds; Valandra

Excused:
Elliott; Krebs; Tidemann

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 1223: FOR AN ACT ENTITLED, An Act to 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.

Was read the second time.

The question being “Shall HB 1223 pass as amended?”

And the roll being called:

Yeas 59, Nays 8, Excused 3, Absent 0

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

Nays:
Deadrick; Haley; Hanks; Hargens; Kroger; Miles; Sigdestad; Valandra

Excused:
Elliott; Krebs; Tidemann

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 SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 32, 11, 12, 71, 77, 78, 101, 56, 182, 109, 118, 185, 107, 207, 2, 20, 21, 22, 23, 37, and 39 be deferred to Monday, February 13^th, the 24^th legislative day.

Which motion prevailed.

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 the Senate has appointed Sens. Kooistra, McNenny, and Hunstad as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1007.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1021, 1036, 1037, 1077, 1089, 1118, 1147, 1161, and 1171 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1021: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the certification of an optometrist from another state and to increase the fee for a certificate of registration.

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the prescription of schedule II controlled drugs by physician assistants, certified nurse practitioners, and certified nurse midwives.

HB 1077: FOR AN ACT ENTITLED, An Act to authorize water user districts to establish and operate wastewater systems.

HB 1089: FOR AN ACT ENTITLED, An Act to appropriate money for the Vietnam War Memorial.

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding failure to stop at the command of a law enforcement officer and regarding eluding a law enforcement officer in a vehicle.

HB 1147: FOR AN ACT ENTITLED, An Act to revise certain eligibility restrictions related to secondary school extracurricular activities.

HB 1161: FOR AN ACT ENTITLED, An Act to provide additional methods for the formation of special zoning areas.

HB 1171: FOR AN ACT ENTITLED, An Act to permit the court to award attorneys' fees in certain custody and visitation cases.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1013 Introduced by: Representatives Hargens, Bradford, Dennert, Elliott, Gillespie, Haley, Halverson, Miles, Roberts, Sigdestad, Street, and Thompson

A LEGISLATIVE COMMEMORATION, Honoring Mason Kleinsasser, a senior at James Valley Christian High School, who has received recognition for exemplary athleticism by earning more than one thousand points during his high school basketball career.

WHEREAS, Mason Kleinsasser, a student at James Valley Christian High School, has played basketball during his entire high school career as a starting center; and

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

WHEREAS, throughout his basketball career, Mason 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 Mason Kleinsasser be commended for his excellence in basketball during his high school career.

HC 1014 Introduced by: Representatives Michels and Hunhoff and Senator Moore

A LEGISLATIVE COMMEMORATION, Commending the 2005-2006 Yankton High School Gazelles girls volleyball team for winning the state title in the Class AA State Volleyball Tournament.

WHEREAS, the Yankton Gazelles girls volleyball team, coached by Leasa Woodward, Carmen Robinson, Chris Hovden, and Amy Long, demonstrated great leadership, performance, and athletic excellence by completing the season with an impressive record of twenty-one wins and only four losses; and

WHEREAS, the Yankton Gazelles girls volleyball team served as a model of cohesiveness and teamwork from all of its players: Randee Lanphear, Andrea Walsh, Niki Hovland, Steph Hardy, Karissa Bromley, Keelin Schurrer, Melissa Gause, Emily Freng, Ketty Cornemann, Mollie Youngberg, Ashley Storm, Kara Iverson, MaryChar Erickson, and Hannah Youngberg; and

WHEREAS, coach Leasa Woodward possessed strong determination and perseverance in leading the team and was named the Volleyball Coach of the Year by the South Dakota High School Coaches Association:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the Yankton Gazelles girls volleyball team and its coaching staff be congratulated and commended for their outstanding performance during the 2005-2006 school year.

HC 1015 Introduced by: Representatives Michels and Hunhoff and Senator Moore

A LEGISLATIVE COMMEMORATION, Commending the 2005 Yankton High School Gazelles girls cross country team for winning the state title in the Class AA State Cross Country Meet.

WHEREAS, the Yankton Gazelles girls cross country team, coached by Dan Fitzsimmons, Dave Dannenbring, and Doug Haar, was exemplary in determination, performance, and athleticism throughout the season and was selected as the Prep Girls' Team of the Year by the South Dakota Sportswriters Association; and

WHEREAS, the Yankton Gazelles girls cross country team has served as a model of teamwork and unity from all of its members: Betsy Bies, Kim Bray, Hiley Cammock, Ethelin Cammock, Katherine Fiedler, Shannon Fitzsimmons, Megan Hilson, Mariah Hofer, Dorothy Kiechle, Amanda Kneifl, Amanda Kuchta, Tiffany Leader, Jordan Lillie, Ricarda Lorenz, Julie Seives, Emily Smith, Kayla Steckelberg, Jade Steinberg, Kristin Sternhagen, Lauren Storm, Ashley Storm, Lauren Valensoln, Sara Watt, Jennifer Wenzlaff, Laura Wilcox, and Alyssa Wright; and

WHEREAS, coach Dan Fitzsimmons demonstrated outstanding leadership and was named the Prep Girls' Coach of the Year by the South Dakota Sportswriters Association:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the Yankton Gazelles girls cross country team and its coaching staff be congratulated and commended on their victorious 2005 cross country season.

HC 1016 Introduced by: Representatives Michels and Hunhoff and Senator Moore

A LEGISLATIVE COMMEMORATION, Commending the 2005 Yankton High School Bucks boys cross country team for winning the state title in the Class AA State Cross Country Meet.

WHEREAS, the Yankton Bucks boys cross country team, coached by Dan Fitzsimmons, Dave Dannenbring, and Doug Haar, was a model of teamwork, athletic excellence, and good sportsmanship throughout the season; and

WHEREAS, the Yankton Bucks boys cross country team was exemplary in its unity and accord from all of its members: Brad Anderson, Joseph Boudreau, Travis Brenner, Chase Carda, Sam Dannenbring, Ty Dannenbring, Sean Durham, Jon Egge, Sean Fitzsimmons, Ryan Ford, Nate Hicks, Alex Hohenthaner, Calvin Labrie, Jens Lillevold, Gabe Messler, Ethan Metheny, Joey Nickles, Shawn Osborn, Ben Potts, Ben Pratt, Bryce Somer, Dylan Steffen, Aaron Steward, Steven Valencsin, Mark Wilcox, Jon Williams, and Mitch Yaggie; and

WHEREAS, coach Dan Fitzsimmons demonstrated excellence in leadership and was named the Boys Cross Country Coach of the Year by the South Dakota High School Coaches Association:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the Yankton Bucks boys cross country team and its coaching staff be congratulated and commended for their outstanding performances this season.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:56 p.m. the House adjourned.

Karen Gerdes, Chief Clerk