House Journal 02/22/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 22, 2006

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

The prayer was offered by the Chaplain, Pastor Alia Stowers, followed by the Pledge of Allegiance led by House pages Chanel Sharp and Sarah Questad.

Roll Call: All members present except Rep. Hennies who was 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-ninth 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.

HONORED GUESTS

Speaker Michels introduced the Honorable John Thune, United States Senator from South Dakota, who spoke briefly.

COMMUNICATIONS AND PETITIONS

February 22, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 21, 2006, I approved House Bill 1178 and the same has 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 Appropriations respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill be amended as follows:

On page 2, between lines 13 and 14 of the printed bill, insert:

Section 2. That section 15 of chapter 30 of the 2005 Session Laws be amended to read as follows:

DEPARTMENT OF CORRECTIONS
Pheasantland Industries

Personal services, Other Funds, delete "$585,754" and insert "$685,754"

Operating expenses, Other Funds, delete "$2,272,548" and insert "$3,772,548"
Adjust all totals accordingly.".

On page 1, line 2 of the Senate Appropriations Committee engrossed bill, after " Regents " insert "and the Department of Corrections".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 143 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 3 of the Senate Appropriations Committee engrossed bill, delete " seven " and insert "five hundred thousand dollars ($500,000)".

On page 1 , line 4, delete " hundred fifty thousand dollars ( $750,000 ) " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the Senate Appropriations Committee engrossed bill, delete " forty-two million dollars ($42,000,000) " and insert "thirty million dollars ($30,000,000)".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 4 to 8 , inclusive.

On page 1 , line 9, after " hereby " insert "annually".

On page 1 , line 9, delete " secondary career and technical education " and insert "state general".

On page 1 , line 10, delete " enhancement " .

And that as so amended said bill do pass.

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

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 159 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 57 and returns the same with the recommendation that said bill be amended as follows:

On page 5, after line 19 of the Senate Judiciary Committee engrossed bill, insert:

"
Section 3. That § 37-24-31 be amended to read as follows:

37-24-31. Any person who claims to have been adversely affected by any intentional act or a practice otherwise declared to be unlawful by ~~§ 37-24-6~~ subdivision 37-24-6(1) or by any act or practice declared to be unlawful by subdivisions 37-24-6(2) to (13), inclusive, shall be permitted to bring a civil action for the recovery of actual damages suffered as a result of such act or practice. ".

On page 5, line 2 of the Senate Judiciary Committee engrossed bill, remove the overstrikes from " . " and insert " This does not include a patient access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium of pharmaceutical manufacturers, that provides free or discounted prescription drug products directly to low income or uninsured individuals either through a discount card or direct shipment ".

On page 1, line 10 of the Senate Judiciary Committee engrossed bill, delete everything after " . " and insert " Unfair practice means an act or practice which causes substantial, unavoidable injury to consumers that is not outweighed by any consumer or competitive benefits which the practice produces ;".

On page 1 , delete line 11 .

On page 1 of the Senate Judiciary Committee engrossed bill, remove the overstrikes from line 6 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 112 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 16 of the Senate engrossed bill, delete " the use of " and insert "cross over or under".

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

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 198 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. There is hereby appropriated from the state general fund the sum of two million eight hundred four thousand four hundred eighty-five dollars ($ 2,804,485 ), or so much thereof as may be necessary, to the Department of Education for distribution on an average daily membership basis for education enrichment outside the state aid to general education foundation formula in chapter 13-13. Local education agencies may use the funds received pursuant to this Act at their discretion.

Section 2. No moneys appropriated in this Act may be construed as an entitlement or continuing state obligation for education funding.

Section 3. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2007, shall revert in accordance with § 4-8-21."

On page 1, line 1 of the Senate engrossed bill, delete everything after " Act to " and insert "appropriate money for nonrecurring education enrichment.".

On page 1 , delete lines 2 to 4 , inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 188 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1013, 1016, 1225, and 1247 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1163 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Patricia Adam, Secretary

There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered SB 207 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 207 be amended as follows:

On page 4, line 2 of the House Health and Human Services Committee engrossed bill, delete " county sheriff of the county in " and insert "Office of the Attorney General".

On page 4 , line 3, delete " which the sales occurred " .

On page 4, after line 6 of the House Health and Human Services Committee engrossed bill, insert:

"
Section 7. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.".

Respectfully submitted,                 Respectfully submitted,
Don Van Etten                        Gene G. Abdallah
House Committee Chair                Senate Committee Chair

MOTIONS AND RESOLUTIONS

Rep. Haverly moved that the House do concur in Senate amendments to HB 1164.

The question being on Rep. Haverly's motion that the House do concur in Senate amendments to HB 1164.

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; Jensen; 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; Putnam

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. Hanks moved that the House do concur in Senate amendments to HB 1174.

The question being on Rep. Hanks' motion that the House do concur in Senate amendments to HB 1174.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Hennies; Putnam

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 consideration of amendments to HB 1199 be deferred to Thursday, February 23^rd, the 31^st legislative day.

Which motion prevailed.

Rep. Murschel moved that the House do concur in Senate amendments to HB 1218.

The question being on Rep. Murschel's motion that the House do concur in Senate amendments to HB 1218.

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

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

Nays:
Buckingham; Davis; Frost; Peters; Rausch; Tidemann; Tornow

Excused:
Hennies; Hills; Putnam

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

HCR 1009 Introduced by: Representatives Van Norman, Bradford, Buckingham, Cutler, Dennert, Elliott, Garnos, Gassman, Glenski, Glover, Haley, Halverson, Hunhoff, Jensen, Kroger, Lange, Miles, Rausch, Roberts, Rounds, Schafer, Sigdestad, Street, Thompson, Tidemann, Valandra, and Vehle and Senators Two Bulls, Adelstein, Bartling, Dempster, Hundstad, Kloucek, Nesselhuf, and Peterson (Jim)

A CONCURRENT RESOLUTION, Urging Congress to restore funding for the Urban Indian Health Program.

WHEREAS, President Bush's proposed FY 2007 budget proposes to eliminate funding for all Urban Indian Health programs; and

WHEREAS, the Urban Indian Health Program was created as a result of the 1976 federal Indian Health Care Improvement Act, which explicitly recognized the special responsibility of the American people to provide the highest possible health status to Indians and urban Indians; and

WHEREAS, the Urban Indian Health Program operates three full-time primary health care clinics in South Dakota in the cities of Sioux Falls, Aberdeen, and Pierre/Fort Pierre. These facilities are Federally Qualified Health Centers and State Medicaid Managed Care providers. South Dakota Urban Indian Health, Inc., was incorporated in South Dakota in 1977 as a 501(c)(3) nonprofit entity; and

WHEREAS, South Dakota's Urban Indian Health clinics employ twenty-seven persons either directly or by contract and provided direct care service to more than 2,500 unduplicated enrolled members of federally recognized tribes in the last year; and

WHEREAS, South Dakota's Urban Indian Health clinics provide primary medical care, diabetes care, community health services, substance abuse and mental health counseling, laboratory services, and pharmacy, dental, and optical services to South Dakota's urban Native American community; and

WHEREAS, Urban Indian Health clinics provide a number of unique and important services. They are able to overcome cultural barriers experienced by many Native Americans who are reluctant to see health care providers who are unfamiliar with Native cultures, and they also play a role in educating other providers in the community to the unique needs and conditions of the urban Native American population. Urban Indian Health clinics enable patients to seek treatment before their health deteriorates further, they serve patients who might otherwise not seek any other medical care, and they are better able to address the health impacts of the movement of patients back and forth from reservations; and

WHEREAS, Urban Indian Health clinics reduce costs to other, costlier parts of the Indian Health Service system by reducing their patient load; and

WHEREAS, the proposed budget cut represents a loss of $33 million for the nation's 34 Urban Indian Health Programs, which would force many of these programs to close. South Dakota's Urban Indian Health Program would lose more than $1 million in overall funding; and

WHEREAS, the elimination of the nation's Urban Indian Health Program would represent an irreparable loss of health services to the Native American community and would widen the already wide gap in health services available to Native American people:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- first Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urgently requests the United States Congress to fully restore the proposed Fiscal Year 2007 funding cuts to the Urban Indian Health Program so that the already limited health care options for Native American citizens are not further eroded; and

BE IT FURTHER RESOLVED, that Congress is urged to increase the Fiscal Year 2007 budget for Urban Indian Health Programs nationwide by $12 million.

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

Commerce on SB 44 as found on page 651 of the House Journal ; also

Education on SB 29 as found on pages 651 and 652 of the House Journal ; also

Local Government on SB 98 as found on page 652 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 50: FOR AN ACT ENTITLED, An Act to make certain persons responsible for making tax returns and payment of tax debts.

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

Rep. Van Etten moved that SB 50 be amended as follows:

On page 2, line 20 of the House Taxation Committee engrossed bill, after " includes " insert " a member-manager or manager of a limited liability company or ".

On page 2 , line 21, delete " member, member-manager, " .

On page 4 , line 19, after " includes " insert " a member-manager or manager of a limited liability company or ".

On page 4 , line 19, delete " member, " .

On page 4 , line 20, delete " member-manager, " .

On page 7 , line 19, after " includes " insert " a member-manager or manager of a limited liability company or ".

On page 7 , line 19, delete " member, " .

On page 7 , line 20, delete " member-manager, " .

On page 9 , line 15, after " includes " insert " a member-manager or manager of a limited liability company or ".

On page 9 , line 15, delete " member, " .

On page 9 , line 16, delete " member-manager,' " .

On page 10 , line 19, after " includes " insert "a member-manager or manager of a limited liability company or".

On page 10 , line 19, after "officer," delete " member, member- " .

On page 10 , line 20, delete " manager, " .

Which motion prevailed.

The question being “Shall SB 50 pass as amended?”

And the roll being called:

Yeas 4, Nays 65, Excused 1, Absent 0

Yeas:
Dennert; Garnos; Olson (Ryan); Roberts

Nays:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; 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; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

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.

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

Rep. Van Etten moved that SB 184 be amended as follows:

On the Senate Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

"
Section 1. Before January 1, 2007, the adjutant general of the South Dakota National Guard shall submit a report to the Legislature on the scope and adequacy of training received by members of the armed forces on detecting whether their service as eligible members is likely to entail, or to have entailed, exposure to depleted uranium or any other factors relating to health issues resulting from service in an area designated as a combat zone by the President of the United States during Operation Enduring Freedom or Operation Iraqi Freedom.".

A roll call vote was requested and supported.

The question being on Rep. Van Etten's motion that SB 184 be amended.

And the roll being called:

Yeas 48, Nays 21, Excused 1, Absent 0

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

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; O'Brien; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman; Weems

Excused:
Hennies

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 184 was so amended.

The question being “Shall SB 184 pass as amended?”

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; 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; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Glover; Putnam; Thompson; Van Norman

Excused:
Hennies

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. Van Etten moved that the title to SB 184 be amended as follows:

On page 1, line 1 of the Senate Health and Human Services Committee engrossed bill, delete everything after " Act to " and insert "require a report to the Legislature regarding certain veterans' health issues.".

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 138: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of an agent to receive any legal process.

Was read the second time.

The question being “Shall SB 138 pass as amended?”

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

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

Excused:
Hennies

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 63: FOR AN ACT ENTITLED, An Act to include officers of the Immigration and Customs Enforcement Office of Investigations in the definition of federal law enforcement officer.

Was read the second time.

The question being “Shall SB 63 pass?”

And the roll being called:

Yeas 63, Nays 6, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; 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; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Elliott; Haley; Hargens; Kroger; Valandra; Van Norman

Excused:
Hennies

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. Dykstra requested a fiscal note on SB 83.

Which request was supported.

SB 165: FOR AN ACT ENTITLED, An Act to appropriate money to the South Dakota Energy Infrastructure Authority and declare an emergency.

Was read the second time.

Rep. Dykstra moved that SB 165 be deferred to Thursday, February 23^rd, the 31^st legislative day.

Which motion prevailed.

SB 172: FOR AN ACT ENTITLED, An Act to authorize certain nonresident members of the South Dakota National Guard to qualify for resident tuition rates.

Was read the second time.

The question being “Shall SB 172 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; 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:
Hennies

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 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to insurable interests and to declare an emergency.

Was read the second time.

The question being “Shall SB 69 pass as amended?”

And the roll being called:

Yeas 68, Nays 1, 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; 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

Excused:
Hennies

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 142: FOR AN ACT ENTITLED, An Act to direct the Office of the Attorney General to study open government issues in South Dakota.

Was read the second time.

The question being “Shall SB 142 pass as amended?”

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; 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:
Buckingham; Davis; Hackl; Tornow

Excused:
Cutler; Hennies

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 62: FOR AN ACT ENTITLED, An Act to revise certain reclamation surety requirements regarding uranium exploration and to authorize the Board of Minerals and Environment to adopt rules for the construction, operation, monitoring, and closure of uranium and other in situ leach mines.

Was read the second time.

The question being “Shall SB 62 pass?”

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

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

Nays:
Bradford; Lange; Valandra; Van Norman

Excused:
Cutler; Hennies

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 108: FOR AN ACT ENTITLED, An Act to revise certain provisions defining employer contributions that are not deemed to be wages.

Was read the second time.

The question being “Shall SB 108 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

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

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 180: FOR AN ACT ENTITLED, An Act to require consumer reporting agencies to provide security freezes for consumers who are victims of identity theft.

Was read the second time.

The question being “Shall SB 180 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; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; 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:
Hargens; Hennies; Kraus

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 130, 83, 73, 81, 99, 202, 1, 100, and 154 be deferred to Thursday, February 23^rd, the 31^st 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 concurred in House amendments to SB 58.

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 1013, 1016, 1067, 1084, 1164, 1174, 1177, 1206, 1212, 1218, 1225, and 1247 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1013: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents for the construction, remodeling, or renovation of various structures or facilities on the campuses of the state's universities to provide additional support for women's athletic programs in furtherance of the policies and objectives of Title IX of the Education Act Amendments of 1972.

HB 1016: FOR AN ACT ENTITLED, An Act to provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

HB 1067: FOR AN ACT ENTITLED, An Act to classify certain persons as residents for purposes of higher education tuition.

HB 1084: FOR AN ACT ENTITLED, An Act to authorize counties to regulate the operation of certain off-road vehicles in highway ditches.

HB 1164: FOR AN ACT ENTITLED, An Act to revise the taxation of leased motorcycles and motorized bicycles.

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning business improvement districts.

HB 1177: FOR AN ACT ENTITLED, An Act to limit the amount in the Employer's Investment in South Dakota's Future Fund.

HB 1206: FOR AN ACT ENTITLED, An Act to provide contractors' excise, sales, and use tax refunds for the filming of certain motion pictures, documentaries, television advertisements, or television films.

HB 1212: FOR AN ACT ENTITLED, An Act to revise certain provisions related to limited big game hunting licenses for landowners.

HB 1218: FOR AN ACT ENTITLED, An Act to establish a task force to study education for divorcing parents and visitation and custody matters.

HB 1225: FOR AN ACT ENTITLED, An Act to rename the office and the title of the head of the Old Age and Survivors Insurance Division in the Office of the State Auditor and specify the position's duties.

HB 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to educational benefits for spouses of members of the South Dakota National Guard.

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

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, and to provide penalties for violations thereof.

SB 155: FOR AN ACT ENTITLED, An Act to permit salespersons and broker associates within the same firm to form a business corporation or limited liability company under certain conditions.

SB 186: FOR AN ACT ENTITLED, An Act to classify the production of certain upland game birds as an agricultural pursuit.

SB 194: FOR AN ACT ENTITLED, An Act to revise the definition of wine for farm wineries.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1024 Introduced by: Representatives Rounds, Cutler, Dykstra, Hackl, Hills, Hunhoff, Jerke, Klaudt, Kraus, Olson (Ryan), Peters, Putnam, Rhoden, Tornow, and Turbiville and Senator Gray

A LEGISLATIVE COMMEMORATION, Honoring the Pierre Junior Shooters' BB Gun Team for winning the 40^th Annual International BB Gun Championship match in Bowling Green, Kentucky, on July 2-3, 2005.

WHEREAS, the Pierre Junior Shooters' BB Gun Team competed against thirty-five other teams and captured the International Championship with a cumulative shooting and test score of 2350.90 out of a possible score of 2500.00; and

WHEREAS, the team established a national record for shooting accuracy with a score of 1901 and 90 center shots; and

WHEREAS, the team was led to victory under the outstanding guidance and dedication of coaches John Forman, Gene Garber, and Bob Kallemeyn; and

WHEREAS, the team members Dawn Beck, Nathan Dryden, Bailie Garber, Tyler Sandal, and Savannah Witte; and team alternates Morgan Crow and Cameron Villa, exhibited consistency, determination, knowledge, and sportsmanship throughout the competition:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the Pierre Junior Shooters' BB Gun Team be honored and recognized for their excellent marksmanship and score in winning the 40^th Annual International BB Gun Championship.

HC 1025 Introduced by: Representatives Sigdestad, Halverson, Hargens, Roberts, and Street and Senators Hanson (Gary), Moore, and Peterson (Jim)

A LEGISLATIVE COMMEMORATION, Honoring Jason Frerichs from Wilmot, South Dakota, for being named American Star in Agricultural Placement when he received the American FFA Degree at the past National FFA Convention.

WHEREAS, much credit for Jason's success should go to his parents, Kent and Faye Frerichs, for their guidance, nurturing, and moral support. Kent was Jason's vocational agriculture instructor and advisor and was also a state representative; and

WHEREAS, Jason's Supervised Agricultural Experience program included working on the Frerichs Family Farm more than three thousand hours and working as a custom applicator spraying nearly twenty-two thousand acres for the local Co-op's customers. Jason has also served this past year as State FFA Vice-President and inspired thousands of young people to strive for the highest goals in all of their endeavors; and

WHEREAS, Jason, a student at South Dakota State University, has been recognized for his involvement on campus which includes having served as a Student Association Senator representing the College of Agriculture and Biological Sciences, an Ag-Bio Ambassador, and an active member of Post Secondary Ag Students; and for being involved with Collegiate Farmers Union, Little International, and Alpha Gamma Rho, all while maintaining a high level of academic achievement; and

WHEREAS, Jason served as a Page in the South Dakota House of Representatives in 2003 and served as a Page in the United States Senate during 2001; and

WHEREAS, Jason is active in his community, serving as President of the Roberts County Farmers Union and as a State Delegate to the National Farmers Union Convention, and is actively involved in his church and youth group:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Jason Frerichs be recognized for this prestigious award of being named the American Star in Agricultural Placement when he was awarded the American FFA Degree at the past National FFA Convention, which brought recognition to his Wilmot FFA Chapter, the State and National FFA, and the State of South Dakota.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:45 p.m. the House adjourned.

Karen Gerdes, Chief Clerk