House Journal 02/16/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 16, 2006

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

The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by House page Derek Hackett.

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-sixth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 62 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 186 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 SB 73 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7 of the printed bill, after " elk " insert ", bighorn sheep, or mountain goat".

On page 1 , line 10, delete " an " and insert "the applicable replacement bighorn sheep, mountain goat, or".

On page 1, line 2 of the printed bill, after " elk " insert ", bighorn sheep, and mountain goat".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 108 and 180 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 155 and 194 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 81 and returns the same with the recommendation that said bill be amended as follows:

On page 3 of the Senate Education Committee engrossed bill, delete lines 11 to 15 , inclusive, and insert:

"
Section 7. Any customer who claims to have been adversely affected by any act or practice declared to be unlawful by section 2 or 3 of this Act may bring a civil action against the person who violated section 2 or 3 of this Act for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of the willful act or practice. In addition, the customer may collect court costs and reasonable attorney fees expended by the customer to bring an action under this section.".

On page 3, line 3 of the Senate Education Committee engrossed bill, after " provider " insert ", including any affiliate or subsidiary of a communications provider, ".

On page 3 of the Senate Education Committee engrossed bill, delete lines 16 to 18 , inclusive.

On page 1, line 2 of the Senate Education Committee engrossed bill, delete " and to declare an emergency " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 87 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5 of the printed bill, after " and " insert " prior ".

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

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 130 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 127 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1006 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,
Thomas J. Deadrick                    Kenneth McNenny
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1027, 1103, 1157, 1165, 1188, and 1224 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1072 and 1149 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

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.

Rep. Brunner moved that SCR 5 as found on page 471 of the Senate Journal be concurred in.

The question being on Rep. Brunner's motion that SCR 5 be concurred in.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Bradford

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in.

Rep. Buckingham moved that the House do concur in Senate amendments to HB 1075.

The question being on Rep. Buckingham's motion that the House do concur in Senate amendments to HB 1075.

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 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. Deadrick moved that the House do concur in Senate amendments to HB 1082.

The question being on Rep. Deadrick's motion that the House do concur in Senate amendments to HB 1082.

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

Rep. Krebs moved that the House do concur in Senate amendments to HB 1111.

The question being on Rep. Krebs' motion that the House do concur in Senate amendments to HB 1111.

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

Rep. Deadrick moved that the House do concur in Senate amendments to HB 1112.

The question being on Rep. Deadrick's motion that the House do concur in Senate amendments to HB 1112.

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

Rep. Deadrick moved that the House do concur in Senate amendments to HB 1113.

The question being on Rep. Deadrick's motion that the House do concur in Senate amendments to HB 1113.

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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. Murschel moved that the House do concur in Senate amendments to HB 1186.

The question being on Rep. Murschel's motion that the House do concur in Senate amendments to HB 1186.

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

Rep. Sebert moved that SB 44 be referred back to the Committee on Commerce.

Which motion prevailed.

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 17^th, the 28^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Davis moved that the report of the Conference Committee on HB 1007 as found on page 583 of the House Journal be adopted.

The question being on Rep. Davis's motion that the report of the Conference Committee on HB 1007 be adopted.

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on SB 58 as found on page 581 of the House Journal ; also

Judiciary on SB 69 as found on pages 581 and 582 of the House Journal ; also

State Affairs on SB 142 as found on page 582 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 5: FOR AN ACT ENTITLED, An Act to adjust certain participation standards for the South Dakota special pay retirement program.

Was read the second time.

The question being “Shall SB 5 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 6: FOR AN ACT ENTITLED, An Act to define certain terms related to the South Dakota Retirement System.

Was read the second time.

The question being “Shall SB 6 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 7: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the level income payment option within the South Dakota Retirement System.

Was read the second time.

The question being “Shall SB 7 pass?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; 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:
Nelson

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 8: FOR AN ACT ENTITLED, An Act to establish to whom the South Dakota Retirement System may make benefit payments on behalf of minors.

Was read the second time.

The question being “Shall SB 8 pass?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; 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:
Nelson

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 9: FOR AN ACT ENTITLED, An Act to revise certain beneficiary provisions of the South Dakota Retirement System.

Was read the second time.

The question being “Shall SB 9 pass?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; 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:
Nelson

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 14: FOR AN ACT ENTITLED, An Act to revise certain residency requirements regarding the eligibility for admission to the State Veterans' Home.

Was read the second time.

The question being “Shall SB 14 pass as amended?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

SB 59: FOR AN ACT ENTITLED, An Act to provide for the use of chemist's affidavits in certain parole, probation, and contested case proceedings.

Was read the second time.

The question being “Shall SB 59 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; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
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 64: FOR AN ACT ENTITLED, An Act to repeal certain outdated statutorily created funds.

Was read the second time.

The question being “Shall SB 64 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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.

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

Speaker Pro tempore Deadrick now presiding.

The question being “Shall SB 152 pass as amended?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

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

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

The question being “Shall SB 151 pass as amended?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

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

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

Rep. Cutler moved that SB 68 be deferred to Friday, February 17^th, the 28^th legislative day.

Which motion prevailed.

SB 66: FOR AN ACT ENTITLED, An Act to exempt water distribution system routes from certain restrictions related to the acquisition of property or property rights.

Was read the second time.

The question being “Shall SB 66 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 61: FOR AN ACT ENTITLED, An Act to establish the Motor Vehicle Insurance Data Base Task Force and to provide for its composition, scope, and administration.

Was read the second time.

The question being “Shall SB 61 pass as amended?”

And the roll being called:

Yeas 23, Nays 47, Excused 0, Absent 0

Yeas:
Brunner; Buckingham; Cutler; Faehn; Fryslie; Garnos; Hackl; Hanks; Hennies; Jensen; Jerke; Koistinen; Krebs; McCoy; McLaughlin; Murschel; Nelson; Rave; Sebert; Street; Thompson; Van Etten; Vehle

Nays:
Boomgarden; Bradford; Davis; Deadrick; Dennert; Dykstra; Elliott; Frost; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Klaudt; Kraus; Kroger; Lange; Miles; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Tidemann; Tornow; Turbiville; Valandra; Van Norman; Weems; Wick; Willadsen; Speaker Michels

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

Speaker Michels now presiding.

SB 122: FOR AN ACT ENTITLED, An Act to exempt certain breeding stock animals, products, and facilities from certain corporate farming restrictions.

Was read the second time.

Rep. Glenski moved that SB 122 be amended as follows:

On page 1, line 7 of the printed bill, after " facilities " insert "located west of the James River and".

Rep. Rhoden moved that Rep. Glenski's motion to amend SB 122 be laid on the table.

Which motion prevailed.

The question being “Shall SB 122 pass?”

And the roll being called:

Yeas 58, Nays 11, Excused 1, Absent 0

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

Nays:
Bradford; Gassman; Gillespie; Glenski; Glover; Haley; Lange; Miles; Roberts; Thompson; Van Norman

Excused:
Olson (Ryan)

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 47: FOR AN ACT ENTITLED, An Act to allow health maintenance organizations to rate employer sponsored plans without prior approval.

Was read the second time.

The question being “Shall SB 47 pass?”

And the roll being called:

Yeas 67, Nays 2, Excused 1, 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; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; 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; Van Norman

Excused:
Olson (Ryan)

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 49: FOR AN ACT ENTITLED, An Act to modify the requirements for health discount plans.

Was read the second time.

Rep. Rounds moved that SB 49 be amended as follows:

On page 20, after line 12 of the Senate Commerce Committee engrossed bill, insert:

Section 46. Nothing in this Act may be construed to discharge any requirements imposed by subdivision 37-24-6(12).".

Which motion prevailed.

The question being “Shall SB 49 pass as amended?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

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

Rep. Rhoden moved that SB 89, 200, 201, 50, 10, 166, 184, 138, 63, 165, and 172 be deferred to Friday, February 17^th, the 28^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 adopted the report of the Conference Committee on HB 1007.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 90 and 118.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 207 and has appointed Sens. Abdallah, Kelly, and Koetzle 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.

Respectfully,
Patricia Adam, Secretary

The Speaker appointed Reps. Van Etten, Hanks, and Miles as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 207.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1027, 1103, 1157, 1165, 1188, and 1224 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1027: FOR AN ACT ENTITLED, An Act to change the unemployment insurance wage base and contribution rates and to assess interest on negative employer accounts under certain circumstances.

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

HB 1157: FOR AN ACT ENTITLED, An Act to extend opportunity scholarship eligibility to South Dakota students who attend college or technical school out-of-state and then return to South Dakota to attend school.

HB 1165: FOR AN ACT ENTITLED, An Act to establish a workers compensation small claims procedure.

HB 1188: FOR AN ACT ENTITLED, An Act to revise certain insurance liquidity provisions for private placement policies.

HB 1224: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prior approval of premium rates for certain health benefit plans.

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.

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.

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.

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.

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.

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.

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

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

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

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

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

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

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

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

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

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.

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.

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

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.

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.

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.

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.

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.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1020 Introduced by: Representatives Dennert, Haley, and Hargens and Senator Hansen (Tom)

A LEGISLATIVE COMMEMORATION, Honoring Ruth Nelson, a senior at Huron High School, for exemplary athleticism and for setting a new AA girls basketball scoring record in South Dakota.

WHEREAS, Ruth Nelson, a student at Huron High School, has played basketball during her entire high school career as a forward and a center; and

WHEREAS, as a sophomore and junior, Ruth assisted her team to two state tournaments, and was named to the AA All-Tournament Team her junior year; and

WHEREAS, Ruth now averages twenty points a game, and demonstrates dedication, commitment, perseverance, leadership, and loyalty to her teammates and coaches; and

WHEREAS, Ruth recently broke the AA girls basketball scoring record in South Dakota by scoring forty-six points in a single game:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Ruth Nelson be commended for her excellence in basketball during her high school career and for setting a new AA girls basketball scoring record.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:58 p.m. the House adjourned.

Karen Gerdes, Chief Clerk