House Journal 02/14/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 14, 2006

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

The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Sunny Foster.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-fourth 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 Taxation respectfully reports that it has had under consideration SB 51, 52, 67, and 92 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 Taxation respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

50fta

On page 1, line 1 of the Senate Taxation Committee engrossed bill, delete everything after " certain " and insert "persons responsible for making tax returns and payment of tax debts.".

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 122 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 189 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1191, which was reconsidered, which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 47, 49, 89, 200, and 201 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 45 and 46 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 44 and returns the same with the recommendation that said bill be amended as follows:

44ja

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

"
Section 3. That chapter 58-24 be amended by adding thereto a NEW SECTION to read as follows:

Casualty insurance written pursuant to § 58-9-27 is subject to the rating requirements of chapter 58-24.

Section 4. That § 58-9-27 be amended to read as follows:

58-9-27. " Casualty insurance " includes insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this chapter, if such insurance is not disapproved by the director of insurance as being contrary to law or public policy. Casualty insurance also includes liability insurance that insures the issuing of written certificates or statements of title or similar instruments stating the condition and status of title to real estate and the holder of record title to real estate, subject to any exemptions or qualifications set forth in any such instrument, provided that there is a policy of indemnification for the person for whom the instrument is made. Nothing in this Act may be construed to affect the regulation of abstracters of title engaging in business in this state pursuant to chapter 36-13. ".

44jta

On page 1, line 2 of the printed bill, after " rates " insert "and to revise the definition and filing requirements for casualty insurance".

And that as so amended said bill do pass.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 48, 60, and 133 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas Hennies, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 88 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 29 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 1178 and 1205 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 143, 153, 157, 168, 188, 198, and 202, and SJR 2 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Schoenbeck, Bogue, and Moore 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 HJR 1001.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Hanks moved that the House do concur in Senate amendments to HB 1134.

Rep. Gillespie moved as a substitute motion that the House do not concur in Senate amendments to HB 1134 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.

A roll call vote was requested and supported.

The question being on Rep. Gillespie's substitute motion that the House do not concur in Senate amendments to HB 1134 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.

And the roll being called:

Yeas 33, Nays 37, Excused 0, Absent 0

Yeas:
Bradford; Cutler; Dennert; Elliott; Frost; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hennies; Hills; Hunt; Kroger; Lange; Miles; Murschel; O'Brien; Roberts; Rounds; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Speaker Michels

Nays:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Fryslie; Hackl; Hanks; Haverly; Heineman; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Weems; Wick; Willadsen

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 on Rep. Hanks' motion that the House do concur in Senate amendments to HB 1134.

And the roll being called:

Yeas 43, Nays 27, Excused 0, Absent 0

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

Nays:
Bradford; Cutler; Dennert; Elliott; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hills; Kroger; Lange; Miles; Murschel; O'Brien; Roberts; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Vehle

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.

HCR 1007 Introduced by: Representatives Frost, Deadrick, Dennert, Elliott, Faehn, Fryslie, Haley, Halverson, Hargens, Hunhoff, Koistinen, Lange, Michels, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Rausch, Rave, Schafer, Sebert, Sigdestad, Street, and Vehle and Senators Sutton (Duane), Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Olson (Ed), Peterson (Jim), Schoenbeck, and Sutton (Dan)

A CONCURRENT RESOLUTION, Honoring all who came to the aid of South Dakotans who experienced a continuous severe winter storm with heavy snow, freezing rain, and high winds November 27 through November 29, 2005.

WHEREAS, this winter storm resulted in widespread power line damage, leaving more than fifty-six thousand five hundred South Dakotans without power for up to sixteen days; and

WHEREAS, twenty-six counties and two tribes in eastern South Dakota experienced the brunt of this devastating winter storm; and

WHEREAS, state employees from nearly every department of state government led by Governor Mike Rounds provided round-the-clock support for individuals, families, local emergency responders, and power company crews; and

WHEREAS, personnel of rural electric cooperatives and private power companies throughout South Dakota worked tirelessly to restore power in the affected counties; and

WHEREAS, line workers from Nebraska, Minnesota, North Dakota, Wisconsin, Montana, Wyoming, Iowa, Colorado, Kansas, and Missouri responded to South Dakota's request for assistance; and

WHEREAS, volunteer organizations including the American Red Cross and the Salvation Army assisted with the blizzard response; and

WHEREAS, local churches, community centers, courthouses, businesses, nursing homes, schools, and fire halls opened their doors to provide shelter for citizens without power; and

WHEREAS, law enforcement agencies, fire departments, ambulance crews, and county emergency managers assisted local citizens during the disaster:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- first Legislature of the State of South Dakota, the Senate concurring therein, that all individuals, companies, organizations, tribes, and cooperatives be duly recognized and commended for their brave and unselfish efforts in restoring power, clearing debris, and aiding individuals and families during and after the winter storm of 2005.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on SB 61 as found on page 540 of the House Journal be adopted.

Which motion prevailed and the report was adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 143: FOR AN ACT ENTITLED, An Act to make an appropriation to the state fair.

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

SB 153: FOR AN ACT ENTITLED, An Act to transfer certain moneys from the railroad trust fund to the property tax reduction fund and to declare an emergency.

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

SB 157: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the exercise of the right of eminent domain by a railroad and to provide for the use of railroad rights-of-way by utility companies.

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

SB 168: FOR AN ACT ENTITLED, An Act to appropriate money for enhancement of secondary career and technical education.

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

SB 188: FOR AN ACT ENTITLED, An Act to prohibit governmental entities from selling certain goods, commodities, and services to the general public.

Was read the first time and referred to the Committee on Local Government.

SB 198: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the reduction in state aid to education based on school district general fund balances, to appropriate funds to increase funding to education and assist sparse school districts, and to increase the distribution from the education enhancement trust fund.

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

SB 202: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to increased energy costs in K-12 school districts and postsecondary vocational education institutions and to declare an emergency.

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

SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to abortion.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning trademark registration.

Was read the second time.

The question being “Shall SB 15 pass?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

SB 28: FOR AN ACT ENTITLED, An Act to revise and correct certain provisions related to the criminal code revision of 2005.

Was read the second time.

Rep. Cutler requested that SB 28 be removed from the Consent Calendar.

Which request was granted.

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

Was read the second time.

The question being “Shall SB 91 pass as amended?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

Was read the second time.

The question being “Shall SB 95 pass as amended?”

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

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

Nays:
Tornow

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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.

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

90fa

Rep. Vehle moved that SB 90 be amended as follows:

On page 2 of the House Local Government Committee engrossed bill, delete lines 16 and 17 , and insert:

(2) Be printed, typewritten, or computer generated in black ink and the print type of the document may not be smaller than 10-point type . However, the signature and date may be made on the document in black or blue ink ;".

Which motion prevailed.

The question being “Shall SB 90 pass as amended?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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.

SB 12: FOR AN ACT ENTITLED, An Act to prescribe the form of certain ballots used in local elections.

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

The question being “Shall SB 12 pass?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 11: FOR AN ACT ENTITLED, An Act to provide for the use of electronic ballot marking systems and for the appointment of precinct assistants and to declare an emergency.

Was read the second time.

11fa

Rep. Bradford moved that SB 11 be amended as follows:

On page 3 , between lines 12 and 13 of the printed bill, insert:

Section 7. Sections 1 to 6, inclusive, of this Act do not take effect until the provisions of this Act have received preclearance pursuant to 42 USC § 1973c as of January 1, 2006.".

Rep. Rounds moved that Rep. Bradford's motion to amend SB 11 be laid on the table.

Which motion prevailed.

The question being “Shall SB 11 pass?”

And the roll being called:

Yeas 61, Nays 8, Excused 1, Absent 0

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

Nays:
Bradford; Elliott; Glover; Haley; Lange; Thompson; Valandra; Van Norman

Excused:
Hunt

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 56: FOR AN ACT ENTITLED, An Act to authorize the railroad authority to acquire certain railroad facilities and to declare an emergency.

Was read the second time.

The question being “Shall SB 56 pass?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 182: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the organization decals that may be displayed on a motor vehicle license plate.

Was read the second time.

The question being “Shall SB 182 pass?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 109: FOR AN ACT ENTITLED, An Act to provide for statewide mutual aid requests among certain public agencies.

Was read the second time.

The question being “Shall SB 109 pass?”

And the roll being called:

Yeas 68, Nays 2, Excused 0, Absent 0

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

Nays:
Hackl; Tornow

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 118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the type of personal identification required when voting.

Was read the second time.

118fc

Rep. Rounds moved that SB 118 be amended as follows:

On page 1, line 13 of the House Local Government Committee engrossed bill, remove the overstrikes from " ~~, located within the State of South Dakota~~ " .

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

Which motion prevailed.

The question being “Shall SB 118 pass as amended?”

And the roll being called:

Yeas 66, Nays 4, Excused 0, Absent 0

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

Nays:
Hargens; Lange; Thompson; 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 185: FOR AN ACT ENTITLED, An Act to require inspections of certain facilities by the Department of Health.

Was read the second time.

185ta

Rep. Roberts moved that SB 185 be amended as follows:

On page 2, line 10 of the Senate engrossed bill, delete " The license fee may not exceed two thousand dollars. " .

Which motion lost.

The question being “Shall SB 185 pass as amended?”

And the roll being called:

Yeas 59, Nays 11, Excused 0, Absent 0

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

Nays:
Bradford; Dennert; Elliott; Gassman; Glover; Haley; Halverson; Roberts; Thompson; Valandra; Van Norman

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 107: FOR AN ACT ENTITLED, An Act to revise the definition of manufacturer as it relates to the ownership of certain motor vehicle dealerships and to declare an emergency.

Was read the second time.

The question being “Shall SB 107 pass as amended?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 207: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the sale, purchasing, and possession of products containing pseudoephedrine or ephedrine.

Was read the second time.

207jd

Rep. Cutler moved that SB 207 be amended as follows:

On page 3 of the House Health and Human Services Committee engrossed bill, delete lines 16 to 24 , inclusive, and insert:

"
Section 6. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

If offering for sale a product containing pseudoephedrine or ephedrine as an active ingredient, a retailer shall:

(1) Require, obtain, and make a written record of the identification of the person purchasing the product containing pseudoephedrine or ephedrine. For purposes of this section, the term, identification, means a document issued by a governmental agency which contains a description of the person or a photograph of the person, or both, and gives the person's date of birth, such as a driver's license, passport, or military identification card; and

(2) Maintain the record of identification for ninety days, after which the record shall be destroyed.

No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as provided by law. The retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.".

On page 4 , delete lines 1 to 6 , inclusive.

Rep. Dykstra moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Cutler's motion that SB 207 be amended.

And the roll being called:

Yeas 13, Nays 57, Excused 0, Absent 0

Yeas:
Bradford; Cutler; Haley; Hanks; Klaudt; Koistinen; Lange; Nelson; O'Brien; Putnam; Sebert; Tidemann; Van Norman

Nays:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Kraus; Krebs; Kroger; McCoy; McLaughlin; Miles; Murschel; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

The question being “Shall SB 207 pass as amended?”

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

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

Nays:
Hanks

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 2: FOR AN ACT ENTITLED, An Act to appropriate money for the creation of a circuit court judgeship in the second judicial circuit.

Was read the second time.

The question being “Shall SB 2 pass as amended?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

Speaker Michels now presiding.

Rep. Rhoden moved that SB 20, 21, 22, 23, 37, 39, 26, 152, 204, 205, 150, 208, 179, 151, 148, 149, 57, 68, 65, 203, and 66 be deferred to Wednesday, February 15^th, the 26^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 HB 1035 was lost on second reading and final passage.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Rhoden moved that SB 188 be referred from the Committee on Local Government to the Committee on State Affairs.

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 1134, 1178, and 1205 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1017, 1021, 1022, 1029, 1036, 1037, 1043, 1044, 1045, 1059, 1077, 1087, 1089, 1097, 1109, 1118, 1147, 1156, 1161, 1171, and 1190 were delivered to his Excellency, the Governor, for his approval at 10:08 a.m., February 14, 2006.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HJR 1003 was delivered to his Excellency, the Secretary of State, for filing at 3:30 p.m., February 14, 2006.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1011, 1023, 1024, 1039, 1070, and 1189 were delivered to his Excellency, the Governor, for his approval at 3:40 p.m., February 14, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1134: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding the justifiable use of force.

HB 1178: FOR AN ACT ENTITLED, An Act to provide for the establishment of certain honorary trusts and of certain trusts for animals.

HB 1205: FOR AN ACT ENTITLED, An Act to provide for an exemption to the records search fee for attorneys of record.

SB 32: FOR AN ACT ENTITLED, An Act to reauthorize a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

SB 71: FOR AN ACT ENTITLED, An Act to revise the voting requirements for certain actions taken by the board of adjustment.

SB 77: FOR AN ACT ENTITLED, An Act to extend the time between a municipal candidate election and a secondary election.

SB 78: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the submission of direct legislation to a vote of the people at a general election.

SB 101: FOR AN ACT ENTITLED, An Act to establish the Public Utilities Commission as a separate agency.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1017 Introduced by: Representatives Garnos and Jensen and Senator Koskan

A LEGISLATIVE COMMEMORATION, Honoring Ernie and Laurel Nemec, owners of Ernie's Building Center in Midland, for being named the 2006 South Dakota Retailers of the Year.

WHEREAS, Ernie and Laurel Nemec purchased their business forty-six years ago in the small town of Midland, South Dakota; and

WHEREAS, Ernie and Laurel Nemec were recognized for their successful and modern business offering services greatly valued by their customers; and

WHEREAS, Ernie and Laurel Nemec run a successful business in a very rural area but with very loyal and satisfied customers; and

WHEREAS, Ernie and Laurel Nemec continuously show great appreciation to their customers:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Ernie and Laurel Nemec, owners of Ernie's Building Center in Midland, be congratulated for receiving the award of 2006 South Dakota Retailers of the Year by the South Dakota Retailers Association.

HC 1018 Introduced by: Representatives Jensen and Garnos and Senator Koskan

A LEGISLATIVE COMMEMORATION, Honoring McKenzie Haley of Winner as the 2005- 2006 South Dakota High School Rodeo Queen.

WHEREAS, McKenzie Haley, a senior at Winner High School, was chosen as the 2005- 2006 South Dakota High School Rodeo Queen at the South Dakota High School Finals Rodeo; and

WHEREAS, McKenzie placed seventh at the National High School Rodeo Queen Competition; and

WHEREAS, McKenzie excelled in the competitions of horsemanship, modeling, personality, interview, and public speaking; and

WHEREAS, McKenzie spoke on the diversity found in South Dakota, focusing on how our differences make us stronger; and

WHEREAS, McKenzie participates in a number of extracurricular activities including basketball, volleyball, track, student council, and 4-H:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that McKenzie Haley be congratulated upon her selection as the 2005- 2006 South Dakota High School Rodeo Queen.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:06 p.m. the House adjourned.

Karen Gerdes, Chief Clerk