House Journal 02/15/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 15, 2006

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

The prayer was offered by the Chaplain, Pastor Bob Ruedebusch, followed by the Pledge of Allegiance led by House page Gregory D. Hanson.

Roll Call: All members present except Reps. Hennies and Jensen 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-fifth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Matthew Michels, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 15, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 14, 2006, I approved House Bills 1017, 1021, 1022, 1029, 1036, 1037, 1043, 1044, 1045, 1059, 1077, 1087, 1097, 1109, 1118, 1156, 1161, and 1190, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 10 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 5, 6, 7, 8, and 9 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Tim Rounds, Vice-Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 166 and 184 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 14 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 Health and Human Services respectfully reports that it has had under consideration SB 58 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7 of the Senate Judiciary Committee engrossed bill, delete " 1.4-butanediol " and insert "1,4-butanediol".

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 115 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 138 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 59 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 Judiciary respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7 of the printed bill, remove the overstrikes from " ~~closely~~ " .

On page 1 , line 7, remove the overstrikes from " ~~substantial~~ " .

On page 1 , line 8, remove the overstrikes from " ~~interest~~ " .

On page 2 , line 12, after " settlor. " insert " However, the settlor must be the insured or have an insurable interest as required by subdivisions (1) to (5), inclusive, of this section. ".

On page 3 , delete lines 16 to 21 , inclusive.

On page 1, line 8 of the printed bill, delete " or interests in individuals " .

On page 1, line 7 of the printed bill, remove the overstrikes from " a " .

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 63, 165, and 172 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 142 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the Senate Appropriations Committee engrossed bill, delete " to be " .

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Ted A. Klaudt, Chair

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1007 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                 Respectfully submitted,
Justin J. Davis                        Clarence Kooistra
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB1038, 1054, 1069, 1071, 1080, 1091, 1127, 1132, 1135, 1141, 1173, 1204, 1226, 1227, 1239, and 1243 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1075, 1082, 1111, 1112, 1113, and 1186 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

Speaker Michels introduced Maggie Van Bockern, South Dakota Girls State Governor from Sioux Falls, South Dakota, and Alex J. Hewett, South Dakota Boys State Governor also from Sioux Falls, South Dakota.

MOTIONS AND RESOLUTIONS

HCR 1007: 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.

Rep. Frost moved that HCR 1007 as found on pages 560 and 561 of the House Journal be adopted.

The question being on Rep. Frost's motion that HCR 1007 be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Hennies; Jensen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1007 was adopted.

SCR 5: A CONCURRENT RESOLUTION, Recognizing the contributions of private landowners to the support of big game populations and requesting the Department of Game, Fish and Parks to alleviate financial losses to private landowners through wildlife depredation.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on SB 50 as found on page 556 of the House Journal ; also

Commerce on SB 44 as found on pages 557 and 558 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 51: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

Was read the second time.

The question being “Shall SB 51 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 52: FOR AN ACT ENTITLED, An Act to eliminate the requirement for a signature on certain tax applications.

Was read the second time.

The question being “Shall SB 52 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 67: FOR AN ACT ENTITLED, An Act to revise the amnesty provisions for sellers under the Streamlined Sales and Use Tax Agreement.

Was read the second time.

The question being “Shall SB 67 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 92: FOR AN ACT ENTITLED, An Act to revise the formula for determining the amount of the sales, use, and contractors' excise tax refund provided to certain new business facilities.

Was read the second time.

The question being “Shall SB 92 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

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

Was read the second time.

The question being “Shall SB 189 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 45: FOR AN ACT ENTITLED, An Act to modify certain requirements for group health coverage for premature births, congenital defects, and birth abnormalities.

Was read the second time.

The question being “Shall SB 45 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 46: FOR AN ACT ENTITLED, An Act to clarify the taxes for certain life insurance premiums and annuity considerations.

Was read the second time.

The question being “Shall SB 46 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 48: FOR AN ACT ENTITLED, An Act to clarify certain statutory references regarding the sale of alcoholic beverages.

Was read the second time.

The question being “Shall SB 48 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the licensure of polygraph examiners.

Was read the second time.

The question being “Shall SB 60 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to charges associated with installment sales contracts.

Was read the second time.

The question being “Shall SB 133 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 88: FOR AN ACT ENTITLED, An Act to extend residency status to graduates of any in-state, accredited high school operated by the United States Bureau of Indian Affairs.

Was read the second time.

The question being “Shall SB 88 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 203 be placed to follow SB 150 and SB 148 and 149 be placed to follow SB 208 on today's calendar.

Which motion prevailed.

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

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

Rep. Hunt moved that SB 28 be amended as follows:

On page 1, line 10 of the Senate engrossed bill, delete " § 24-25A-32 " and insert " § 24-15A-32 ".

Which motion prevailed.

The question being “Shall SB 28 pass as amended?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies; Jensen; Putnam

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

SB 20: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a new dairy manufacturing plant at South Dakota State University and to make an appropriation therefor.

Was read the second time.

The question being “Shall SB 20 pass as amended?”

And the roll being called:

Yeas 65, Nays 0, Excused 5, 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; Hills; Howie; Hunhoff; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies; Hunt; Jensen; Kroger; 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 21: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a manure separator for the South Dakota Agricultural Experiment Station and to make an appropriation therefor.

Was read the second time.

The question being “Shall SB 21 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; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies; Hunt; Jensen; Kroger

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 22: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to transfer title to a T-28 experimental aircraft from the South Dakota School of Mines and Technology to the Strategic Air and Space Museum.

Was read the second time.

The question being “Shall SB 22 pass?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies; Jensen; Kroger

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 23: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a livestock feed storage room as an addition to the livestock feed facility at the South Dakota Agricultural Experiment Station Southeast Research Farm and to make an appropriation therefor.

Was read the second time.

The question being “Shall SB 23 pass as amended?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, 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; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies; Jensen; Kroger

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 37: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding fire safety and regarding the authority of the Department of Public Safety to promulgate rules pertaining to fire safety.

Was read the second time.

The question being “Shall SB 37 pass?”

And the roll being called:

Yeas 63, Nays 4, 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; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; 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:
Elliott; Novstrup; Thompson; Van Norman

Excused:
Hennies; Jensen; Kroger

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 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding petroleum and motor fuels testing, quality, and labeling.

Was read the second time.

The question being “Shall SB 39 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 26: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the second time.

The question being “Shall SB 26 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

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

Was read the second time.

Rep. Hackl moved that SB 152 be deferred to Thursday, February 16^th, the 27^th legislative day.

Which motion prevailed.

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

Was read the second time.

The question being “Shall SB 204 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

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

Was read the second time.

The question being “Shall SB 205 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

Speaker Pro tempore Deadrick now presiding.

SB 150: FOR AN ACT ENTITLED, An Act to require the state's participation in the National Sex Offender Public Registry and to provide for the posting of a state internet sex registry site.

Was read the second time.

The question being “Shall SB 150 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

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

Was read the second time.

The question being “Shall SB 203 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

Speaker Michels now presiding.

SB 208: FOR AN ACT ENTITLED, An Act to establish and enhance criminal penalties regarding certain sex offenders.

Was read the second time.

Rep. Murschel moved that SB 208 be amended as follows:

On page 2, line 23 of the printed bill, delete everything after " felony. " .

On page 2 , delete line 24 .

On page 3 , line 1, delete " a Class 2 felony. " .

On page 3 , line 2, after " misdemeanor. " insert " If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. ".

Which motion prevailed.

The question being “Shall SB 208 pass as amended?”

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

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

Nays:
Elliott; Haley; Van Norman

Excused:
Hennies; Jensen

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

SB 148: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sex offender registry and the supervision of sex offenders.

Was read the second time.

The question being “Shall SB 148 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

SB 149: FOR AN ACT ENTITLED, An Act to create community safety zones, to prohibit certain persons from residing or loitering in community safety zones, to provide penalties for violations thereof, and to declare an emergency.

Was read the second time.

Rep. Dykstra moved that SB 149 be amended as follows:

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

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

Rep. Rhoden moved the previous question.

Which motion prevailed.

Rep. Dykstra's motion lost.

Rep. Gillespie moved that SB 149 be amended as follows:

On page 1, line 6 of the House Judiciary Committee engrossed bill, delete " five hundred " and insert "one thousand".

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

Rep. Dykstra moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Gillespie's motion that SB 149 be amended.

And the roll being called:

Yeas 27, Nays 38, Excused 5, Absent 0

Yeas:
Boomgarden; Brunner; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Gassman; Gillespie; Glover; Halverson; Hargens; Howie; Jerke; Koistinen; Nelson; Novstrup; Rausch; Schafer; Street; Thompson; Tornow; Van Etten; Weems; Wick

Nays:
Bradford; Buckingham; Cutler; Davis; Garnos; Glenski; Hackl; Haley; Hanks; Haverly; Heineman; Hills; Hunhoff; Klaudt; Kraus; Kroger; McCoy; McLaughlin; Miles; Murschel; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Sebert; Sigdestad; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Willadsen; Speaker Michels

Excused:
Hennies; Hunt; Jensen; Krebs; Lange

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 149 pass as amended?”

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

Yeas:
Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Faehn; Frost; Fryslie; Garnos; Glenski; Glover; Hanks; Hargens; Haverly; Heineman; Hills; Hunhoff; Klaudt; Kraus; Krebs; Kroger; McCoy; McLaughlin; Miles; Murschel; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Tidemann; Turbiville; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Boomgarden; Bradford; Dykstra; Elliott; Gassman; Gillespie; Hackl; Haley; Halverson; Howie; Hunt; Jerke; Koistinen; Lange; Nelson; Novstrup; Rausch; Street; Thompson; Tornow; Valandra; Van Etten; Van Norman

Excused:
Hennies; Jensen

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

Pursuant to Joint Rule 5-13.1, SB 149 was up for immediate reconsideration.

Rep. Rhoden moved that SB 149 be amended as follows:

On page 6 of the House Judiciary Committee engrossed bill, delete line 24 .

On page 7 , delete lines 1 and 2 .

Which motion prevailed.

The question being “Shall SB 149 pass as amended?”

And the roll being called:

Yeas 50, Nays 18, Excused 2, Absent 0

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

Nays:
Bradford; Dykstra; Elliott; Gassman; Gillespie; Haley; Hargens; Jerke; Koistinen; Lange; Miles; Nelson; Street; Thompson; Tornow; Valandra; Van Etten; Van Norman

Excused:
Hennies; Jensen

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. Rounds moved that the title to SB 149 be amended as follows:

On page 1, line 2 of the House Judiciary Committee engrossed bill, after " zones, " insert "and".

On page 1 , line 3, delete " , and to declare an emergency " .

Which motion prevailed and the title was so amended.

SB 179: FOR AN ACT ENTITLED, An Act to direct the Bureau of Administration to provide all of the fourth floor of the State Capitol Building for use by the Legislature.

Was read the second time.

The question being “Shall SB 179 pass?”

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Nays:
Rounds

Excused:
Hennies; Jensen

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

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

Was read the second time.

Rep. Rhoden moved that SB 151 be deferred to Thursday, February 16^th, the 27^th legislative day.

Which motion prevailed.

SB 57: FOR AN ACT ENTITLED, An Act to revise the definition of deceptive acts and practices and to increase the statute of limitations regarding deceptive trade practices.

Was read the second time.

Rep. Rhoden moved that SB 57 be deferred to Friday, February 17^th, the 28^th legislative day.

Which motion prevailed.

SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of trusts and estates.

Was read the second time.

Rep. Rhoden moved that SB 68 be deferred to Thursday, February 16^th, the 27^th legislative day.

Which motion prevailed.

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

Was read the second time.

The question being “Shall SB 65 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Jensen

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

Rep. Rhoden moved that SB 66, 61, 122, 47, 49, 89, 200, and 201 be deferred to Thursday, February 16^th, the 27^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 1162 was lost on second reading and final passage.

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 1038, 1054, 1069, 1071, 1080, 1091, 1127, 1132, 1135, 1141, 1173, 1204, 1226, 1227, 1239, and 1243 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1134, 1178, and 1205 were delivered to his Excellency, the Governor, for his approval at 4:23 p.m., February 15, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1038: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and certain dentists who have complied with the requirements of the physician tuition reimbursement program and the dental tuition reimbursement program.

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding an increase of the prizes that certain lotteries may award.

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

HB 1071: FOR AN ACT ENTITLED, An Act to amend the composition, supervision, and functioning of the State Seed Certification Board.

HB 1080: FOR AN ACT ENTITLED, An Act to restrict the use of eminent domain under certain circumstances and to protect certain private property rights from acquisition by the use or threat of eminent domain.

HB 1091: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.

HB 1127: FOR AN ACT ENTITLED, An Act to authorize the Gaming Commission to fund gambling addiction treatment programs.

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

HB 1135: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to domestic limited liability companies, domestic limited liability partnerships, and the appointment of certain agents.

HB 1141: FOR AN ACT ENTITLED, An Act to provide standards for interpreting for the deaf and hard-of-hearing by requiring national interpreter certification and to repeal the state certification process and replace it with registration.

HB 1173: FOR AN ACT ENTITLED, An Act to limit the authority of the state agencies to promulgate rules restricting the application of permits to carry a concealed pistol.

HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain persons from jury duty because of religious beliefs.

HB 1226: FOR AN ACT ENTITLED, An Act to expand the tax refund for agricultural processing facilities to include expansions to existing facilities and to revise the time period in which an application must be submitted.

HB 1227: FOR AN ACT ENTITLED, An Act to provide a property tax exemption for coal-fired power plants upgrading pollution control equipment.

HB 1239: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

HB 1243: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.

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

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.

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

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

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

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

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

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.

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

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.

SB 185: FOR AN ACT ENTITLED, An Act to require inspections of certain facilities by the Department of Health.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1019 Introduced by: Representatives Nelson, Bradford, Brunner, Deadrick, Faehn, Frost, Fryslie, Garnos, Gassman, Glover, Halverson, Hargens, Haverly, Heineman, Hennies, Hills, Howie, Jensen, Koistinen, McCoy, McLaughlin, Miles, Rausch, Roberts, Sebert, Sigdestad, Thompson, and Willadsen and Senators Greenfield, Abdallah, Gant, Koskan, McNenny, Napoli, and Sutton (Duane)

A LEGISLATIVE COMMEMORATION, Honoring the 2005 Arlington High School football team and the students and staff involved in the football program as 2005 Class 9AA State High School Football Champions.

WHEREAS, the 2005 Arlington High School football team went undefeated (12-0) for the second consecutive year, compiling a combined 24-0 record during the 2004 and 2005 football seasons; and

WHEREAS, the Arlington High School football team won the Dakota Valley Conference and won the South Dakota Class 9AA State High School Football Championship by dedication, true sportsmanship, commitment, and perseverance; and

WHEREAS, Mitch Boeck was named most valuable back and given the Joe Robbie Award for his efforts in the 9AA state championship game; and

WHEREAS, Jakob Williams was named most valuable lineman for the 9AA state championship game:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the Arlington High School football team be commended for their excellence in athletics and academics for the 2005-2006 school year.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:36 p.m. the House adjourned.

Karen Gerdes, Chief Clerk