The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of
Allegiance led by House pages Myles Nielson and Megan Peschong.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-eighth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 17, 2006, I approved House Bills 1038, 1054,
1071, 1080, 1091, 1127, 1132, 1135, 1173, 1204, 1239, and 1243, and the same have been
deposited in the office of the Secretary of State.
Respectfully submitted,
M. Michael Rounds
Governor
The House proceeded to the reconsideration of HB 1147 pursuant to the veto of the
Governor and the veto message found on pages 636 and 637 of the House Journal as provided
in Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being Shall HB 1147 pass, the veto of the Governor notwithstanding?
And the roll being called:
Yeas 51, Nays 17, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Cutler; Deadrick; Dennert; Dykstra; Elliott; Faehn; Garnos; Gassman;
Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills;
Howie; Hunhoff; Jensen; Kraus; Krebs; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson;
O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert;
Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Speaker
Michels
Nays:
Buckingham; Davis; Frost; Fryslie; Hunt; Jerke; Klaudt; Koistinen; McCoy; Novstrup; Olson
(Ryan); Putnam; Tornow; Van Etten; Weems; Wick; Willadsen
Excused:
Bradford; Gillespie
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed, the veto of the Governor notwithstanding.
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:
The Committee on Education respectfully reports that it has had under consideration
SB 29, which was reconsidered, and returns the same with the recommendation that said bill be
amended as follows:
" Section 1. There is hereby established the Higher Education Task Force. The task force shall consist of fifteen members appointed by the Governor. Not more than ten of the task force members may belong to the same political party. The initial appointments shall be made no later than sixty days after the effective date of this Act. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment. The appointments shall include individuals representing the Board of Regents, public and private university systems, the Native American university system, post secondary technical institutes, and the communities where the universities are located. The number of members appointed who represent public universities shall be the same as the number of members appointed who represent private universities. The Governor shall appoint the chair and the vice chair of the task force.
Section 3. The task force shall consider the following economic impact of private
universities:
The Committee on Local Government respectfully reports that it has had under
consideration SB 98 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Appropriations respectfully reports that it has had under consideration
SB
100 and
154 and returns the same with the recommendation that said bills do pass.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on HB 1006.
I have the honor to return herewith HB 1153, 1182, and 1185 which have passed the Senate
without change.
I have the honor to return herewith HCR 1007 in which the Senate has concurred.
I have the honor to return herewith HB 1164, 1174, 1199, and 1218 which have been
amended by the Senate and your concurrence in the amendments is respectfully requested.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 49 and 151.
I have the honor to inform your honorable body that HB 1110 was lost on second reading
and final passage.
HCR 1008:
A CONCURRENT RESOLUTION,
Commemorating the 125th anniversary of
the establishment of the South Dakota State University.
Rep. Tidemann moved that HCR 1008 as found on page 641 of the House Journal be
adopted.
The question being on Rep. Tidemann's motion that HCR 1008 be adopted.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; 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; Gillespie; Halverson
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1008 was adopted.
Rep. Buckingham moved that the House do concur in Senate amendments to HB 1067.
The question being on Rep. Buckingham's motion that the House do concur in Senate
amendments to HB 1067.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Excused:
Bradford; Gillespie; Halverson
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. Michels moved that the House do concur in Senate amendments to HB 1084.
The question being on Rep. Michels' motion that the House do concur in Senate
amendments to HB 1084.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; 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; Gillespie
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. Peters moved that the House do concur in Senate amendments to HB 1177.
The question being on Rep. Peters' motion that the House do concur in Senate amendments
to HB 1177.
And the roll being called:
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens;
Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; 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:
Koistinen
Excused:
Bradford; Gillespie
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. Garnos moved that the House do concur in Senate amendments to HB 1206.
The question being on Rep. Garnos's motion that the House do concur in Senate
amendments to HB 1206.
And the roll being called:
Yeas 63, Nays 5, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens;
Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Klaudt; 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;
Weems; Willadsen; Speaker Michels
Nays:
Jerke; Koistinen; Tornow; Vehle; Wick
Excused:
Bradford; Gillespie
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.
The question being on Rep. Jensen's motion that the House do concur in Senate
amendments to HB 1212.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; 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; Gillespie
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. Rhoden moved that the reports of the Standing Committees on
Appropriations on SB 202 as found on page 638 of the House Journal
; also
Judiciary on SB 1 as found on pages 638 and 639 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 87:
FOR AN ACT ENTITLED, An Act to
require a broker to obtain written consent
to advertise or market property on behalf of an owner.
Was read the second time.
The question being Shall SB 87 pass as amended?
And the roll being called:
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; 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; 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; Gillespie; Murschel
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.
The question being Shall SB 68 pass as amended?
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Excused:
Bradford; Gillespie; Murschel
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 89:
FOR AN ACT ENTITLED, An Act to
require the Division of Insurance to study
the offering of assisted living facility benefits to certain persons with long-term care insurance.
Was read the second time.
The question being Shall SB 89 pass as amended?
And the roll being called:
Yeas 11, Nays 56, Excused 3, Absent 0
Yeas:
Dennert; Elliott; Haley; Halverson; Hargens; Hennies; Miles; Nelson; Sebert; Sigdestad;
Valandra
Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Gassman; Glenski; Glover; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff;
Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin;
Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden;
Roberts; Rounds; Schafer; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Bradford; Gillespie; Murschel
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Was read the second time.
The question being Shall SB 200 pass as amended?
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; 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; 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; Gillespie; Murschel
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 201:
FOR AN ACT ENTITLED, An Act to
revise the risk pool reimbursement method
for certain health care providers.
Was read the second time.
The question being Shall SB 201 pass?
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; 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; 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 50:
FOR AN ACT ENTITLED, An Act to
make certain persons responsible for making
tax returns and payment of tax debts.
Was read the second time.
Rep. Dykstra moved that SB 50 be deferred to Wednesday, February 22nd, the
30th legislative day.
Which motion prevailed.
SB 10:
FOR AN ACT ENTITLED, An Act to
establish and revise certain provisions
relating to South Dakota Retirement System disability benefits.
Was read the second time.
The question being Shall SB 10 pass?
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn;
Frost; Fryslie; Garnos; Gassman; 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; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer;
Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman;
Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Bradford; Gillespie; Murschel; Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Was read the second time.
The question being Shall SB 166 pass as amended?
And the roll being called:
Yeas 40, Nays 28, Excused 2, Absent 0
Yeas:
Bradford; Cutler; Dennert; Dykstra; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski;
Glover; Haley; Halverson; Hargens; Haverly; Hennies; Hills; Hunhoff; Jensen; Kraus; Krebs;
Kroger; Lange; Miles; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rave; Rhoden;
Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Van Norman; Vehle;
Willadsen
Nays:
Boomgarden; Brunner; Buckingham; Davis; Deadrick; Elliott; Frost; Hackl; Hanks; Heineman;
Howie; Hunt; Jerke; Klaudt; Koistinen; McCoy; McLaughlin; Nelson; Novstrup; Putnam;
Rausch; Rounds; Tornow; Turbiville; Van Etten; Weems; Wick; Speaker Michels
Excused:
Murschel; Valandra
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 184:
FOR AN ACT ENTITLED, An Act to
provide for the notification of certain
members of the armed forces concerning screening for exposure to depleted uranium.
Was read the second time.
Rep. Rhoden moved that SB 184, 138, 63, 165, 172, 69, 142, 62, 108, 180, 130, 83, 73, 81,
and 99 be deferred to Wednesday, February 22nd, the 30th legislative day.
Which motion prevailed.
No member moved to reconsider the vote by which HB 1147 passed.
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to inform your honorable body that HB 1217 was lost for failure to be
placed on the Senate calendar.
I have the honor to inform your honorable body that HB 1235 was lost on second reading
and final passage.
I have the honor to inform your honorable body that a change has been made in the Senate
Conference Committee on SB 148. The committee should now be Sens. Abdallah, Broderick,
and Moore.
Also MR. SPEAKER:
I have the honor to inform your honorable body that a change has been made in the Senate
Conference Committee on SB 207. The committee should now be Sens. Abdallah, Kelly, and
Dan Sutton.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1006, 1149, 1153, 1182, and 1185 and finds the same
correctly enrolled.
The Committee on Legislative Procedure respectfully reports that HB 1027, 1103, 1157,
1165, 1188, and 1224 were delivered to his Excellency, the Governor, for his approval at
9:48 a.m., February 21, 2006.
The Committee on Legislative Procedure respectfully reports that HB 1007, 1040, 1075,
1082, 1111, 1112, 1113, and 1186 were delivered to his Excellency, the Governor, for his
approval at 3:38 p.m., February 21, 2006.
The Speaker publicly read the title to
HB 1006:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to out-of-
state cattle brands and to establish a penalty.
HB 1149:
FOR AN ACT ENTITLED, An Act to
revise certain felony and misdemeanor
provisions not located in the criminal code.
HB 1153:
FOR AN ACT ENTITLED, An Act to
revise the definition of a prohibited
sexual act.
HB 1182:
FOR AN ACT ENTITLED, An Act to
allow school districts to expend from the
capital outlay fund for some of their mileage reimbursement costs.
HB 1185:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
directed trusts to include custodial accounts.
SB 5:
FOR AN ACT ENTITLED, An Act to
adjust certain participation standards for the
South Dakota special pay retirement program.
SB 6:
FOR AN ACT ENTITLED, An Act to
define certain terms related to the South
Dakota Retirement System.
SB 7:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions regarding the level
income payment option within the South Dakota Retirement System.
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.
SB 14:
FOR AN ACT ENTITLED, An Act to
revise certain residency requirements
regarding the eligibility for admission to the State Veterans' Home.
SB 47:
FOR AN ACT ENTITLED, An Act to
allow health maintenance organizations to
rate employer sponsored plans without prior approval.
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.
SB 64:
FOR AN ACT ENTITLED, An Act to
repeal certain outdated statutorily created
funds.
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.
SB 122:
FOR AN ACT ENTITLED, An Act to
exempt certain breeding stock animals,
products, and facilities from certain corporate farming restrictions.
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.
And signed the same in the presence of the House.
HC 1022
Introduced by:
Representatives Peters, Kroger, Rave, and Roberts and Senators
Dempster and Kooistra
HC 1023
Introduced by:
Representatives Peters, Klaudt, Kroger, Rave, and Roberts and
Senators Dempster and Kooistra
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
3:55 p.m. the House adjourned.