The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of
Allegiance led by House pages Michael Thomas and Natalie Torberson.
Roll Call: All members present except Rep. Hennies who was excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirtieth 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 22, 2006, I approved House Bills 1157, 1165,
1188, and 1224, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
M. Michael Rounds
Governor
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 22, 2006, I approved House Bills 1007, 1040,
1075, 1082, 1111, 1112, and 1186, and the same have been deposited in the office of the
Secretary of State.
Respectfully submitted,
M. Michael Rounds
Governor
"
I have the honor to return herewith HB 1081, 1129, 1154, 1237, and 1241 which have
passed the Senate without change.
I have the honor to return herewith HB1015, 1020, 1098, 1119, 1143, 1167, 1181, 1197,
1209, 1215, and 1236 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 HB 1019, 1093, and 1223 were lost
on second reading and final passage.
I have the honor to inform your honorable body that the Senate has passed HB 1147, the
Governor's veto notwithstanding.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 68 and 87.
I have the honor to inform your honorable body that HB 1061, 1194, and 1234 were lost
for failure to be placed on the Senate calendar.
Rep. Gillespie moved that the House do concur in Senate amendments to HB 1199.
The question being on Rep. Gillespie's motion that the House do concur in Senate
amendments to HB 1199.
And the roll being called:
Yeas 66, Nays 3, 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); Peters; Putnam; Rausch; Rave; Roberts; Rounds;
Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Pederson (Gordon); Rhoden; Thompson
Excused:
Hennies
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. O'Brien moved that the House do not concur in Senate amendments to HB 1163 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed and the Speaker appointed as such committee Reps. O'Brien,
Haley, and Jerke.
Rep. Van Norman moved that HCR 1009 as found on pages 675 and 676 of the House
Journal be adopted.
The question being on Rep. Van Norman's motion that HCR 1009 be adopted.
And the roll being called:
Yeas 65, Nays 3, 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; Hunhoff; Hunt; Jensen; Jerke; Klaudt;
Koistinen; 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; Turbiville; Valandra; Van Etten; Van
Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Howie; Kraus; Tornow
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 HCR 1009 was adopted.
HCR 1010
Introduced by:
Representatives Wick, Boomgarden, Brunner, Buckingham,
Cutler, Davis, Dennert, Dykstra, Elliott, Faehn, Frost, Garnos, Gassman, Glenski, Hackl, Haley,
Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Howie, Hunt, Jensen, Jerke, Klaudt,
Koistinen, Kraus, Kroger, McLaughlin, Miles, Nelson, Novstrup, Olson (Ryan), Pederson
(Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Street,
Tidemann, Tornow, Turbiville, Valandra, Van Etten, Weems, and Willadsen and Senators
Koskan, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald,
Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly,
Knudson, Kooistra, Lintz, McCracken, McNenny, Moore, Napoli, Olson (Ed), Peterson (Jim),
Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls
Was read the first time and the Speaker waived the committee referral.
Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 24th, the 32nd legislative day.
Which motion prevailed.
Rep. Van Etten moved that the report of the Conference Committee on SB 207 as found
on pages 672 and 673 of the House Journal be adopted.
The question being on Rep. Van Etten's motion that the report of the Conference
Committee on SB 207 be adopted.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Hennies; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the report was adopted.
Rep. Rhoden moved that the reports of the Standing Committees on
Appropriations on SB 19 as found on page 668 of the House Journal
; also
Appropriations on SB 143 as found on page 669 of the House Journal
; also
Appropriations on SB 153 as found on page 669 of the House Journal
; also
Appropriations on SB 168 as found on page 669 of the House Journal
; also
Judiciary on SB 57 as found on page 670 of the House Journal
; also
Transportation on SB 157 as found on page 671 of the House Journal
; also
State Affairs on SB 198 as found on pages 671 and 672 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 157:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding the
exercise of the right of eminent domain by a railroad and to provide for the use of railroad
rights-of-way by utility companies.
Was read the second time.
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 165:
FOR AN ACT ENTITLED, An Act to
appropriate money to the South Dakota
Energy Infrastructure Authority and declare an emergency.
Having had its second reading was up for consideration and final passage.
The question being Shall SB 165 pass as amended?
And the roll being called:
Yeas 53, Nays 16, Excused 1, Absent 0
Yeas:
Bradford; Brunner; Cutler; Dennert; Dykstra; Elliott; Faehn; Garnos; Gassman; Gillespie;
Glenski; Glover; Hackl; Haley; Halverson; Hargens; Heineman; Hills; Howie; Hunt; Jensen;
Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson;
Novstrup; Olson (Ryan); Pederson (Gordon); Rausch; Rave; Rhoden; Roberts; Rounds; Schafer;
Sebert; Sigdestad; Street; Thompson; Tornow; Valandra; Van Etten; Van Norman; Vehle;
Weems; Wick; Willadsen
Nays:
Boomgarden; Buckingham; Davis; Deadrick; Frost; Fryslie; Hanks; Haverly; Hunhoff; Klaudt;
O'Brien; Peters; Putnam; Tidemann; Turbiville; 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 130:
FOR AN ACT ENTITLED, An Act to
impose the 911 monthly telephone
surcharge to prepaid telephone calling services.
Was read the second time.
The question being Shall SB 130 pass as amended?
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
SB 83:
FOR AN ACT ENTITLED, An Act to
increase the length of time for which
nationally certified teachers may receive stipends.
Was read the second time.
Rep. Rhoden moved the previous question.
Which motion prevailed.
The question being Shall SB 83 pass as amended?
And the roll being called:
Yeas 43, Nays 26, Excused 1, Absent 0
Yeas:
Bradford; Brunner; Cutler; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie;
Glenski; Glover; Haley; Halverson; Hargens; Hills; Jensen; Jerke; Kroger; Lange; McCoy;
McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Rausch;
Roberts; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van
Etten; Van Norman; Vehle; Willadsen; Speaker Michels
Nays:
Boomgarden; Buckingham; Davis; Deadrick; Dykstra; Frost; Hackl; Hanks; Haverly; Heineman;
Howie; Hunhoff; Hunt; Klaudt; Koistinen; Kraus; Krebs; Novstrup; Peters; Putnam; Rave;
Rhoden; Rounds; Sebert; Weems; Wick
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 73:
FOR AN ACT ENTITLED, An Act to
allow certain federally activated military
personnel to be issued replacement elk, bighorn sheep, or mountain goat hunting licenses.
Was read the second time.
The question being Shall SB 73 pass as amended?
And the roll being called:
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.
Rep. Rhoden moved that SB 202 be placed to precede SB 81 on today's calendar.
Which motion prevailed.
SB 202:
FOR AN ACT ENTITLED, An Act to
make an appropriation for costs related to
increased energy costs in K-12 school districts and postsecondary vocational education
institutions and to declare an emergency.
Was read the second time.
The question being Shall SB 202 pass as amended?
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
SB 81:
FOR AN ACT ENTITLED, An Act to
prohibit the acquiring or selling of certain
communications records.
Was read the second time.
The question being Shall SB 81 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; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson;
Hanks; Hargens; 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:
Fryslie; Haverly; Hennies
Speaker Pro tempore Deadrick now presiding.
SB 99:
FOR AN ACT ENTITLED, An Act to
establish a task force to study sexual assault
and to provide for its composition, scope, and administration.
Was read the second time.
The question being Shall SB 99 pass as amended?
And the roll being called:
Yeas 57, Nays 11, Excused 2, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott;
Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks;
Hargens; Heineman; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger;
Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan);
Pederson (Gordon); Putnam; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street;
Thompson; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker
Michels
Nays:
Davis; Frost; Hackl; Hunhoff; Klaudt; Peters; Rausch; Rhoden; Tidemann; Tornow; Wick
Excused:
Haverly; 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 1:
FOR AN ACT ENTITLED, An Act to
provide for the mandatory withdrawal of
blood or other bodily substances subsequent to arrest for driving while under influence.
Was read the second time.
Rep. Rhoden moved the previous question.
Which motion prevailed.
The Speaker, being in doubt of the voice vote, called for a division of the House.
Rep. Murschel's motion lost.
"
Section 5. That
§
32-23-4.1
be amended to read as follows:
32-23-4.1.
No previous conviction for, or plea of guilty to, a violation of § 32-23-1 occurring
more than
ten
five
years prior to the date of the violation being charged may be used to
determine that the violation being charged is a second, third, or subsequent offense. However,
any period of time during which the defendant was incarcerated for a previous violation may not
be included when calculating if the time period provided in this section has elapsed.
".
Rep. Rhoden moved the previous question.
Which motion prevailed.
Rep. Valandra's motion lost.
Rep. Rhoden moved the previous question.
Which motion prevailed.
And the roll being called:
Yeas 52, Nays 17, Excused 1, Absent 0
Yeas:
Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos;
Gillespie; Glenski; Glover; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff;
Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Nelson;
Novstrup; O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds;
Schafer; Sebert; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Weems; Wick;
Willadsen; Speaker Michels
Nays:
Boomgarden; Bradford; Brunner; Elliott; Gassman; Hackl; Haley; Hargens; Klaudt; Kroger;
Murschel; Olson (Ryan); Putnam; Sigdestad; Valandra; Van Norman; Vehle
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.
Speaker Michels now presiding.
SB 100:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding state
fund condition statements.
Was read the second time.
"
Section 1. That
§
4-5-29.1
be amended to read as follows:
4-5-29.1.
Pursuant to S.D. Const., Art. XII, § 5, the state investment officer shall determine
the market value of the health care trust fund as of December 31, 2003, and each calendar year
thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment
officer shall calculate an amount equal to four percent of that market value, without invading
principal, as eligible for distribution. For the purpose of this section, the term, principal, means
the sum of all contributions to the fund. Beginning with the distribution in fiscal year
2007
2008
, the market value shall be determined by adding the market value of the trust fund at the
end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the
sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer
shall transfer the amount from the health care trust fund to the state general fund as soon as
practicable after July first of the next fiscal year.
Section 2. That
§
4-5-29.2
be amended to read as follows:
4-5-29.2.
Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine
the market value of the education enhancement trust fund as of December 31, 2003, and each
calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state
investment officer shall calculate an amount equal to four percent of that market value, without
invading principal, as eligible for distribution. For the purpose of this section, the term,
principal, means the sum of all contributions to the fund. Beginning with the distribution in
fiscal year
2007
2008
, the market value shall be determined by adding the market value of the
trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and
dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state
treasurer shall transfer the amount from the education enhancement trust fund to the state
general fund as soon as practicable after July first of the next fiscal year.
".
"
Section 4. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.".
Rep. Klaudt moved that Rep. Dennert's motion to amend SB 100 be laid on the table.
Which motion prevailed.
The question being Shall SB 100 pass as amended?
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
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.
The question being on the title.
Rep. Hunt moved that the title to SB 100 be amended as follows:
SB 154:
FOR AN ACT ENTITLED, An Act to
revise the distribution from certain
constitutionally created trust funds and to declare an emergency.
Was read the second time.
"
Section 1. That
§
1-14-3.1
be amended to read as follows:
1-14-3.1.
There is established in the state treasury the extraordinary litigation fund. The fund
shall be maintained separately and administered by the Bureau of Administration. The fund may
be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other
litigation expenses not otherwise eligible to be paid under § 3-22-1. Unexpended money and any
interest that may be credited to the fund shall remain in the fund. The extraordinary litigation
fund
, including any subfunds created within it,
is hereby continuously appropriated and shall be
budgeted through the informational budget process. The creation and funding of this fund does
not constitute a waiver of the state's sovereign immunity.
Section 2. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval."
The question being Shall SB 154 pass as amended?
And the roll being called:
Yeas 66, Nays 3, 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; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra;
Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Roberts; Thompson; Van Norman
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.
The question being on the title.
Rep. Hunt moved that the title to SB 154 be amended as follows:
SB 44:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding waiting
periods for the filing of insurance rates.
Was read the second time.
The question being Shall SB 44 pass as amended?
And the roll being called:
Yeas 46, Nays 22, Excused 2, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jensen; Jerke; Klaudt; Kraus;
Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson
(Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Sebert; Tidemann; Tornow; Turbiville; Van
Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens;
Hunhoff; Koistinen; Kroger; Lange; Miles; Putnam; Roberts; Sigdestad; Street; Thompson;
Valandra; Van Norman
Excused:
Hennies; Schafer
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 29:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
examination of teacher and administrator preparation programs.
Was read the second time.
"
Section 3. The task force shall consider the following information concerning the economic
and social impact of Native American, postsecondary technical institutes, and private
universities:
The task force shall examine the strengths of the public, Native American, and private universities and postsecondary technical institutes. In addition, the task force shall make recommendations on how collaboration in sustaining competition and choice, maintaining educational access in rural and urban population centers, and ensuring affordability for traditional and non-traditional students enhances educational opportunities for students. The task force shall submit its interim report to the Governor and the Legislature no later than January 1, 2007 and its final report to the Governor and the Legislature no later than November 1, 2007.".
Which motion prevailed.
Rep. Buckingham's motion lost.
The question being Shall SB 29 pass as amended?
And the roll being called:
Yeas 27, Nays 41, Excused 2, Absent 0
Yeas:
Bradford; Buckingham; Deadrick; Dennert; Dykstra; Faehn; Fryslie; Gassman; Hanks;
Heineman; Hunt; Jensen; Kraus; Krebs; Kroger; Lange; McCoy; Novstrup; Putnam; Sebert;
Sigdestad; Thompson; Van Etten; Van Norman; Vehle; Weems; Speaker Michels
Nays:
Boomgarden; Brunner; Cutler; Davis; Elliott; Frost; Garnos; Gillespie; Glenski; Glover; Hackl;
Haley; Halverson; Hargens; Haverly; Hills; Howie; Hunhoff; Jerke; Klaudt; Koistinen;
McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters;
Rausch; Rave; Rhoden; Roberts; Rounds; Street; Tidemann; Tornow; Turbiville; Valandra;
Wick; Willadsen
Excused:
Hennies; Schafer
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
SB 98:
FOR AN ACT ENTITLED, An Act to
limit the transfer or renewal of certain
alcohol beverage licenses.
Was read the second time.
"
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Faehn's motion that SB 98 be amended.
And the roll being called:
Yeas 36, Nays 33, Excused 1, Absent 0
Yeas:
Bradford; Buckingham; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie;
Glenski; Glover; Hackl; Haley; Halverson; Hargens; Jensen; Jerke; Klaudt; Koistinen; Kroger;
Lange; Miles; Nelson; O'Brien; Putnam; Rausch; Roberts; Sebert; Sigdestad; Street; Thompson;
Tidemann; Tornow; Valandra; Van Norman
Nays:
Boomgarden; Brunner; Cutler; Davis; Deadrick; Frost; Hanks; Haverly; Heineman; Hills;
Howie; Hunhoff; Hunt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; Olson (Ryan);
Pederson (Gordon); Peters; Rave; Rhoden; Rounds; Schafer; Turbiville; Van Etten; Vehle;
Weems; Wick; Willadsen; Speaker Michels
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 98 was so amended.
The question being Shall SB 98 pass as amended?
And the roll being called:
Yeas 50, Nays 19, Excused 1, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Gassman; Hackl; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke;
Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup;
O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer;
Sebert; Tidemann; Tornow; Turbiville; Van Etten; 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 159:
FOR AN ACT ENTITLED, An Act to
prohibit certain civil penalties on
dishonored checks and to revise the duties of the state's attorneys with respect thereto.
Was read the second time.
The question being Shall SB 159 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;
Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks;
Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; 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:
Elliott; Hackl; Hunt; Tornow
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 19:
FOR AN ACT ENTITLED, An Act to
revise the General Appropriations Act for
fiscal year 2006 regarding appropriations to the Board of Regents and the Department of
Corrections.
Was read the second time.
The question being Shall SB 19 pass as amended?
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 143:
FOR AN ACT ENTITLED, An Act to
make an appropriation to the state fair.
Was read the second time.
A roll call vote was requested and supported.
The question being on Rep. Klaudt's motion that SB 143 be amended.
And the roll being called:
Yeas 54, Nays 15, Excused 1, Absent 0
Nays:
Cutler; Dennert; Elliott; Gillespie; Glenski; Glover; Haley; Hargens; Jerke; Kroger; Miles;
Thompson; Turbiville; Valandra; Van Norman
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 143 was so amended.
A roll call vote was requested and supported.
The question being on Rep. Hargens' motion that SB 143 be amended.
And the roll being called:
Yeas 24, Nays 45, Excused 1, Absent 0
Yeas:
Bradford; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Haley; Halverson;
Hargens; Hills; Jerke; Kroger; Lange; Novstrup; Pederson (Gordon); Roberts; Sebert; Sigdestad;
Street; Thompson; Valandra; Van Norman
Excused:
Hennies
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question being Shall SB 143 pass as amended?
And the roll being called:
Yeas 64, Nays 4, 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; Haverly; Heineman; Hills; Hunhoff; 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:
Hanks; Hargens; Howie; Hunt
Excused:
Hennies; Van Norman
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
SB 153:
FOR AN ACT ENTITLED, An Act to
transfer certain moneys from the railroad
trust fund to the property tax reduction fund and to declare an emergency.
Was read the second time.
A roll call vote was requested and supported.
The question being on Rep. Dennert's motion that SB 153 be amended.
And the roll being called:
Yeas 30, Nays 39, Excused 1, Absent 0
Yeas:
Bradford; Davis; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley;
Halverson; Hargens; Koistinen; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup;
Pederson (Gordon); Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Norman;
Vehle
Nays:
Boomgarden; Brunner; Buckingham; Cutler; Deadrick; Dykstra; Faehn; Frost; Garnos; Hanks;
Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs;
Murschel; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert;
Tidemann; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Michels
Excused:
Hennies
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Hargens moved that SB 153 be laid on the table.
The question being on Rep. Hargens' motion that SB 153 be laid on the table.
And the roll being called:
Yeas 21, Nays 48, Excused 1, Absent 0
Yeas:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens;
Kroger; Lange; Miles; Pederson (Gordon); Roberts; Rounds; Sigdestad; Street; Thompson;
Valandra; Van Norman
Excused:
Hennies
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
"
Section 2. The state treasurer shall transfer twenty million dollars ($20,000,000) from the
railroad trust fund to the budget reserve fund. Interest income derived from the twenty million
dollars, or portion thereof in subsequent fiscal years, shall be annually credited to the railroad
trust fund pursuant to
§
§
4-5-30 and 4-5-30.1.".
Rep. Tidemann moved that Rep. Dennert's motion to amend SB 153 be laid on the table.
Which motion prevailed.
The question being Shall SB 153 pass as amended?
And the roll being called:
Yeas 46, Nays 23, Excused 1, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Hackl; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus;
Krebs; McCoy; McLaughlin; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon);
Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van
Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Excused:
Hennies
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
Rep. Putnam announced his intention to reconsider the vote by which SB 153 lost.
SB 168:
FOR AN ACT ENTITLED, An Act to
appropriate money for enhancement of
secondary career and technical education.
Was read the second time.
The question being Shall SB 168 pass as amended?
And the roll being called:
Yeas 54, Nays 15, Excused 1, Absent 0
Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Elliott; Frost; Fryslie;
Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens;
Heineman; Hills; Jensen; Jerke; Koistinen; Kroger; Lange; McCoy; McLaughlin; Miles;
Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Roberts;
Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van
Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Deadrick; Dykstra; Faehn; Haverly; Howie; Hunhoff; Hunt; Klaudt; Kraus; Krebs; Peters;
Putnam; Rausch; Rhoden; Rounds
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.
Rep. Putnam moved that the House do now reconsider the vote by which SB 153 lost.
And the roll being called:
Yeas 50, Nays 19, Excused 1, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Glenski; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen;
Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup;
O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert;
Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glover; Haley; Halverson; Hargens; Kroger;
Lange; Miles; Pederson (Gordon); Roberts; Sigdestad; Street; Thompson; Valandra; Van
Norman
Excused:
Hennies
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SB 153 was up for reconsideration and final passage.
SB 153:
FOR AN ACT ENTITLED, An Act to
transfer certain moneys from the railroad
trust fund to the property tax reduction fund and to declare an emergency.
Having had its second reading was up for reconsideration and final passage.
The question being Shall SB 153 pass as amended?
And the roll being called:
Yeas 50, Nays 19, 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; O'Brien;
Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer;
Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker
Michels
Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens;
Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
SB 57:
FOR AN ACT ENTITLED, An Act to
revise the definition of deceptive acts and
practices and to increase the statute of limitations regarding deceptive trade practices.
Was read the second time.
The question being Shall SB 57 pass as amended?
And the roll being called:
Yeas 28, Nays 41, Excused 1, Absent 0
Yeas:
Boomgarden; Cutler; Davis; Dennert; Dykstra; Elliott; Garnos; Glenski; Glover; Hanks;
Hargens; Hills; Jerke; Kraus; Lange; McCoy; Miles; Olson (Ryan); Pederson (Gordon); Rhoden;
Roberts; Rounds; Schafer; Street; Thompson; Turbiville; Van Norman; Willadsen
Nays:
Bradford; Brunner; Buckingham; Deadrick; Faehn; Frost; Fryslie; Gassman; Gillespie; Hackl;
Haley; Halverson; Haverly; Heineman; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen;
Krebs; Kroger; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Peters; Putnam; Rausch;
Rave; Sebert; Sigdestad; Tidemann; Tornow; Valandra; Van Etten; Vehle; Weems; Wick;
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.
Was read the second time.
"
This section is repealed when the commissioner of the Bureau of Finance and Management
determines that the ongoing education adequacy fund is sufficient to provide funding to each
school district in an amount equal to the supplemental base allotment as defined in section 8 of
this Act per adjusted average daily membership as defined in subdivision 13-13-10.1(2), and any
money remaining in the one-time education adequacy fund at that time shall revert to the
property tax reduction fund.
Section 2. On July 1, 2006, or as soon thereafter as moneys are available, the commissioner
of the Bureau of Finance and Management shall transfer nineteen million eight hundred eighty-
seven thousand six hundred thirty dollars ($19,887,630) from the railroad trust fund to the one-
time education adequacy fund.
Section 3. That
§
4-7-32
be amended to read as follows:
4-7-32.
On
When the commissioner of the Bureau of Finance and Management determines
that the ongoing education adequacy fund established in section 1 of this Act is sufficient to
provide funding to each school district in an amount equal to the supplemental base allotment
as defined in section 8 of this Act per adjusted average daily membership as defined in
subdivision 13-13-10.1(2) and on
July first of each fiscal year
thereafter
or at such time that the
prior fiscal year general fund ending unobligated cash balance is determined, the commissioner
of the Bureau of Finance
and Management
shall transfer all prior year unobligated cash up to
an amount equal to ten percent of the general fund appropriations from the general appropriation
act for the prior fiscal year into the budget reserve fund. In no event shall the cash balance in the
budget reserve fund be greater than ten percent of the general fund appropriations from the
general appropriation act for the prior fiscal year.
Section 4. That
§
4-7-39
be amended to read as follows:
4-7-39.
The
When the commissioner of the Bureau of Finance and Management determines
that the ongoing education adequacy fund established in section 1 of this Act is sufficient to
provide funding to school districts in an amount equal to the supplemental base allotment as
defined in section 8 of this Act per adjusted average daily membership as defined in subdivision
13-13-10.1(2), the
commissioner
of the Bureau of Finance and Management
shall transfer any
unobligated cash remaining after the transfer into the budget reserve fund as required by § 4-7-
32 into the property tax reduction fund if the amount in the property tax reduction fund does not
exceed fifteen percent of the general fund appropriations in the General Appropriations Act for
the previous fiscal year.
Section 5. That chapter
4-7
be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That
§
10-13-44
be amended to read as follows:
10-13-44.
The property tax reduction fund is hereby created in the state treasury.
The
When
the commissioner of the Bureau of Finance and Management determines that the ongoing
education adequacy fund established in section 1 of this Act is sufficient to provide funding to
each school district in an amount equal to the supplemental base allotment as defined in section
8 of this Act per adjusted average daily membership as defined in subdivision 13-13-10.1(2),
the
Department of Revenue and Regulation shall distribute any money appropriated to the fund.
Effective January 1, 1996, through December 31, 1996, the State of South Dakota may remit
tax credit payments on a monthly basis for eligible property taxpayers on or about the last day
of every month. Tax credit payments shall be sent to counties based upon information received
from the counties pursuant to § 10-13-43. In fiscal year 1997 and each year thereafter,
the
The
commissioner of finance and management may transfer moneys available from the property tax
reduction fund to the general fund necessary to provide property tax relief through state aid to
education.
Section 7. That chapter
13-13
be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter
13-13
be amended by adding thereto a NEW SECTION to read as
follows:
Section 9. That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
Section 11. Beginning one year following the date when the commissioner of the Bureau of
Finance and Management determines that the ongoing education adequacy fund established in
section 1 of this Act is sufficient to provide funding to each school district in an amount equal
to the supplemental base allotment, all existing excess tax levies authorized pursuant to
§
10-12-
43 are hereby revoked, and no new excess tax levies pursuant to
§
10-12-43 may be imposed
for a period of one year.".
Section 12. That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
13-13-73.2.
A school district's state aid for general education as calculated pursuant to § 13-
13-73 shall be reduced by the following calculation:
13-13-73.3.
The secretary of education shall determine the reduction in state aid to education
pursuant to § 13-13-73.2. The secretary of education shall distribute the amount of money so
determined to school districts that received state aid pursuant to chapter 13-13 on a pro rata
basis according to the district's average daily membership compared to the total average daily
membership of all districts eligible for this distribution.
Section 15. That
§
13-13-73.4
be repealed.
13-13-73.4.
The secretary of the Department of Education shall promulgate rules, pursuant
to chapter 1-26, that calculate exclusions for revenue received from opting out of the property
tax limitations such that all expenditures shall be credited to formula revenue and unreserved
general fund balance from the preceding fiscal year prior to any credits against opt-out revenue.
Section 16. That
§
13-13-76
be repealed.
13-13-76.
There is hereby created the Excess General Fund Oversight Board within the
Department of Education. The board shall consist of five members, appointed by the Governor.
The Excess General Fund Oversight Board may exempt a school district from the provisions of
§ 13-13-73.2 if a school district can demonstrate to the Excess General Fund Oversight Board
that its general fund balance percentage is the result of special circumstances.
Rep. Hanks moved that Rep. Hargens' motion to amend SB 198 be laid on the table.
A roll call vote was requested and supported.
The question being on Rep. Hanks' motion that Rep. Hargens' motion to amend SB 198
be laid on the table.
And the roll being called:
Yeas 49, Nays 20, Excused 1, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie;
Garnos; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt;
Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson
(Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert;
Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson;
Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and the amendment was tabled.
"
13-13-10.1.
Terms used in this chapter mean:
13-13-73.2.
A school district's state aid for general education as calculated pursuant to § 13-
13-73 shall be reduced by the following calculation:
13-13-73.3.
The secretary of education shall determine the reduction in state aid to education
pursuant to § 13-13-73.2. The secretary of education shall distribute the amount of money so
determined to school districts that received state aid pursuant to chapter 13-13 on a pro rata
basis according to the district's average daily membership compared to the total average daily
membership of all districts eligible for this distribution.
13-13-73.4.
The secretary of the Department of Education shall promulgate rules, pursuant
to chapter 1-26, that calculate exclusions for revenue received from opting out of the property
tax limitations such that all expenditures shall be credited to formula revenue and unreserved
general fund balance from the preceding fiscal year prior to any credits against opt-out revenue.
Section
5.
That
§
13-13-76
be repealed.
13-13-76.
There is hereby created the Excess General Fund Oversight Board within the
Department of Education. The board shall consist of five members, appointed by the Governor.
The Excess General Fund Oversight Board may exempt a school district from the provisions of
§ 13-13-73.2 if a school district can demonstrate to the Excess General Fund Oversight Board
that its general fund balance percentage is the result of special circumstances.
Section 6. There is hereby appropriated from the state general fund the sum of seven million
five hundred thousand dollars ($7,500,000), or so much thereof that may be necessary, to the
twenty-first century education fund which is hereby created in the Department of Education. The
secretary of the Department of Education shall annually distribute the proceeds from the fund
to school districts based on average daily membership as defined in subdivision 13-13-10.1(1)
at the same time that foundation program state aid is distributed to school districts pursuant to
§
§
13-13-10.1 to 13-13-41, inclusive.
Section 7. 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 8. The Legislature shall appropriate additional funds to the twenty-first century
education fund in future years. The amounts the Legislature shall appropriate are as follows:
Section 10. Beginning in fiscal year 2007, and in each fiscal year thereafter, five million
dollars ($5,000,000) shall be transferred from the property tax reduction fund to the twenty-first
century education fund for distribution to school districts.
Section 11. School districts that meet adequate yearly progress in reading and math based on the growth model established by the Department of Education shall receive funding from the twenty-first century education fund according to the provisions of section 6 of this Act.
Section 13. That
§
4-5-29.2
be amended to read as follows:
4-5-29.2.
Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine
the market value of the education enhancement trust fund as of December 31, 2003, and each
calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state
investment officer shall calculate an amount equal to
four
five
percent of that market value,
without invading principal, as eligible for distribution. For the purpose of this section, the term,
principal, means the sum of all contributions to the fund. Beginning with the distribution in
fiscal year
2007
2008
, the market value shall be determined by adding the market value of the
trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and
dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state
treasurer shall transfer the amount from the education enhancement trust fund to the state
general fund as soon as practicable after July first of the next fiscal year.
Section 15. There is hereby appropriated from the sparse school district fund the sum of two
million four hundred thousand dollars ($2,400,000), or so much thereof as may be necessary,
to the Department of Education for distribution to sparse school districts pursuant to this Act.
Section 16. Terms used in this Act mean:
Rep. Rounds moved that Rep. Elliott's motion to amend SB 198 be laid on the table.
A roll call vote was requested and supported.
The question being on Rep. Rounds' motion that Rep. Elliott's motion to amend SB 198
be laid on the table.
And the roll being called:
Yeas 47, Nays 22, 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; Klaudt;
Koistinen; Kraus; Krebs; McCoy; McLaughlin; Nelson; Novstrup; O'Brien; Olson (Ryan);
Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann;
Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens;
Jerke; Kroger; Lange; Miles; Murschel; Putnam; Roberts; Sigdestad; Street; Thompson;
Valandra; Van Norman
Excused:
Hennies
Rep. McCoy moved that Rep. Dennert's motion to amend SB 198 be laid on the table.
The Speaker, being in doubt of the voice vote, called for a division of the House.
Rep. McCoy's motion prevailed.
The question being Shall SB 198 pass as amended?
And the roll being called:
Yeas 58, Nays 11, Excused 1, Absent 0
Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Faehn; Frost; Fryslie;
Garnos; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt;
Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Murschel; Nelson;
Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden;
Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra;
Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels
Nays:
Bradford; Deadrick; Elliott; Gassman; Gillespie; Glover; Haley; Hargens; Kroger; Miles;
Thompson
Excused:
Hennies
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to inform your honorable body that HB 1009, 1198, and 1222 were lost
on second reading and final passage.
I have the honor to inform your honorable body that HB 1219 was tabled.
I have the honor to inform your honorable body that the Senate has appointed Sens. Gray,
Koetzle, and Greenfield 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 1163.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1081, 1129, 1154, 1199, 1237, and 1241 and finds
the same correctly enrolled.
The Speaker publicly read the title to
HB 1081:
FOR AN ACT ENTITLED, An Act to
exempt from the sales and use taxes
certain maintenance items used on agricultural machinery and equipment and to declare an
emergency.
HB 1129:
FOR AN ACT ENTITLED, An Act to
exempt certain facilities used for business
incubators from property taxation.
HB 1154:
FOR AN ACT ENTITLED, An Act to
impose an excise tax on the gross receipts
from the sale and use of farm machinery, farm attachment units, and irrigation equipment, to
exempt the gross receipts from the sale of farm machinery, farm attachment units, and irrigation
equipment from sales and use tax, and to declare an emergency.
HB 1199:
FOR AN ACT ENTITLED, An Act to
prohibit the release of information
concerning the applicants and holders of permits to carry a concealed pistol.
HB 1237:
FOR AN ACT ENTITLED, An Act to
make an appropriation to fund tax refunds
for elderly and disabled persons and to revise the income eligibility requirements for property
tax and sales tax refunds.
HB 1241:
FOR AN ACT ENTITLED, An Act to
reappropriate certain moneys to fund sales
tax on food refunds.
SB 10:
FOR AN ACT ENTITLED, An Act to
establish and revise certain provisions
relating to South Dakota Retirement System disability benefits.
SB 49:
FOR AN ACT ENTITLED, An Act to
modify the requirements for health discount
plans.
SB 58:
FOR AN ACT ENTITLED, An Act to
define gamma hydroxyl butyrate as a
controlled substance.
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.
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.
SB 68:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
administration of trusts and estates.
SB 108:
FOR AN ACT ENTITLED, An Act to
revise certain provisions defining employer
contributions that are not deemed to be wages.
SB 138:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
appointment of an agent to receive any legal process.
SB 151:
FOR AN ACT ENTITLED, An Act to
define the local government contribution
for the construction of an armory.
SB 166:
FOR AN ACT ENTITLED, An Act to
adopt the Uniform Athlete Agents Act.
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.
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.
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.
SB 201:
FOR AN ACT ENTITLED, An Act to
revise the risk pool reimbursement method
for certain health care providers.
SB 207:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to the
sale, purchasing, and possession of products containing pseudoephedrine or ephedrine.
And signed the same in the presence of the House.
HC 1027
Introduced by:
Representatives Garnos, Deadrick, and Jensen and Senator
Koskan
HC 1028
Introduced by:
Representatives Garnos, Deadrick, and Jensen and Senator
Koskan
HC 1030
Introduced by:
Representatives Halverson, Brunner, Davis, Deadrick, Dennert,
Dykstra, Faehn, Fryslie, Gassman, Glover, Hargens, Howie, Jensen, Jerke, Nelson, Sigdestad,
Street, and Vehle and Senators Hanson (Gary), Bartling, Hundstad, Kloucek, Koetzle, Moore,
Nesselhuf, Peterson (Jim), and Sutton (Dan)
HC 1031
Introduced by:
Representatives Faehn, Fryslie, Koistinen, and Nelson and
Senators Schoenbeck and Greenfield
Rep. Pederson moved that the House do now adjourn, which motion prevailed and at
7:23 p.m. the House adjourned.