House Journal 02/21/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 21, 2006

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

The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House pages Myles Nielson and Megan Peschong.

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-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.

Respectfully submitted,

Matthew Michels, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 17, 2006

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

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

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.

Rep. Tornow announced his intention to reconsider the vote by which HB 1147 passed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 44 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the House Commerce Committee engrossed bill, delete lines 7 to 21 , inclusive.

On page 1, line 2 of the House Commerce Committee engrossed bill, delete everything after " rates " and insert ".".

On page 1 , delete line 3 .

And that as so amended said bill do pass.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

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:

On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:

" 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 2. The task force shall be under the supervision of the Department of Executive Management.

Section 3. The task force shall consider the following economic impact of private universities:

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

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

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

Section 4. The task force shall examine how other states treat public and private university systems, encourage competition, maintain educational access in rural and urban population centers, and keep educational access affordable for traditional and nontraditional students. The task force shall submit its final report to the Governor and the Legislature no later than November 1, 2007."

And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

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:

On page 2, line 22 of the Senate Commerce Committee engrossed bill, delete " department " and insert " Department of Revenue and Regulation ".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas Hennies, Chair

Also MR. SPEAKER:

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.

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

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 1006.

Also MR. SPEAKER:

I have the honor to return herewith HB 1153, 1182, and 1185 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1007 in which the Senate has concurred.

Also MR. SPEAKER:

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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 49 and 151.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1110 was lost on second reading and final passage.

I have the honor to inform your honorable body that the Senate has appointed Sens. Tom Hansen, Dan Sutton, and Schoenbeck as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1072.

Respectfully,
Patricia Adam, Secretary

The Speaker appointed Reps. Cutler, O'Brien, and Gillespie 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 148.

MOTIONS AND RESOLUTIONS

HCR 1008: A CONCURRENT RESOLUTION, Commemorating the 125^th 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 67, Nays 1, 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; 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.

Rep. Jensen moved that the House do concur in Senate amendments to HB 1212.

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

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.

CONSIDERATION OF REPORTS OF COMMITTEES

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.

SECOND READING OF CONSENT CALENDAR ITEMS

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 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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 amended as follows:

On page 2, line 24 of the printed bill, after " bond " insert " or insurance ".

Which motion prevailed.

The question being “Shall SB 68 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 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.

SB 200: FOR AN ACT ENTITLED, An Act to authorize the risk pool board to allow additional enrollees into the risk pool under certain circumstances.

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

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 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 22^nd, the 30^th 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.

SB 166: FOR AN ACT ENTITLED, An Act to adopt the Uniform Athlete Agents Act.

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 22^nd, the 30^th 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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1217 was lost for failure to be placed on the Senate calendar.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1235 was lost on second reading and final passage.

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 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.

Respectfully,
Patricia Adam, Secretary

Speaker Michels now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

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.

Also MR. SPEAKER:

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.

Also MR. SPEAKER:

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.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

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

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.

COMMEMORATIONS

HC 1022 Introduced by: Representatives Peters, Kroger, Rave, and Roberts and Senators Dempster and Kooistra

A LEGISLATIVE COMMEMORATION, Honoring the West Central Trojans High School football program, coaches, and staff, on an unprecedented ten state championships.

WHEREAS, the West Central Trojans High School football team won the 11-A State High School Football Championships in the 1993, 1996, 1997, 1998, 1999, 2001, 2002, 2003, 2004, and 2005 seasons because of their outstanding character, dedication, and perseverance; and

WHEREAS, past and present head coaches Jim Uttecht, Kent Mueller, Brent Urban, and their respective devoted staffs provided outstanding leadership and support to the members of their teams. The students of the West Central Trojans High School football team exhibited a high degree of skill, dedication, and determination in their state championship seasons, and they and their coaches are to be congratulated on their achievement and their devotion to the great American game of football in achieving their tenth state football championship in West Central High School's history; and

WHEREAS, the past and present students of the West Central Trojans High School football program demonstrated enormous spirit, pride, and exemplary leadership on and off the field to focus on their goals which enabled them to complete a successful season and become state champions, to have numerous members of the team named to the All-State Football Teams, and to have several more named to the Honorable Mention All-State Football Teams:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the West Central Trojans High School football program, coaches, and staffs, be recognized for their excellence in athletics for the unparalleled ten championships in the past twelve years.

HC 1023 Introduced by: Representatives Peters, Klaudt, Kroger, Rave, and Roberts and Senators Dempster and Kooistra

A LEGISLATIVE COMMEMORATION, honoring Noelle Rist as the recipient of the 2005 National Agri-Entrepreneurship Award.

WHEREAS, Noelle Rist has demonstrated outstanding achievement in FFA by being awarded the 2005 National Agri-Entrepreneurship Award, along with one thousand dollars, which is awarded to only one half of one percent of the total national FFA membership, and

WHEREAS, Noelle Rist has demonstrated her agricultural and business skills by operating Willow Creek Produce and Nursery, which grows and sells organic produce, and which earned the required seven thousand five hundred dollars needed to receive the award, and

WHEREAS, Noelle Rist has been an active member of the West Central High School FFA chapter, setting a fine example for other members to follow:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Noelle Rist be congratulated for her receipt of the 2005 National Agri-Entrepreneurship Award and for her outstanding achievement and participation in FFA.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:55 p.m. the House adjourned.

Karen Gerdes, Chief Clerk