House Journal 02/27/2006 8:30 AM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 27, 2006

The House convened at 8:30 a.m., pursuant to adjournment, the Speaker Pro tempore presiding.

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House pages April Gross and Ashley Uthe.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-second 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.

MOTIONS AND RESOLUTIONS

Rep. Rhoden moved that the consideration of amendments to HB 1020 and 1055 be placed to follow HB 1240 and of amendments to HB 1244 be placed to follow HB 1238 on today's calendar.

Which motion prevailed.

Rep. Wick moved that the House do not concur in Senate amendments to HB 1167 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. Wick, Krebs, and Lange.

Rep. Peters moved that the House do concur in Senate amendments to HB 1058.

The question being on Rep. Peters' motion that the House do concur in Senate amendments to HB 1058.

And the roll being called:

Yeas 54, Nays 2, Excused 14, Absent 0

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

Nays:
McCoy; Rounds

Excused:
Bradford; Dennert; Gassman; Haley; Halverson; Heineman; Hennies; Hunhoff; Jensen; Klaudt; Pederson (Gordon); Putnam; Valandra; Van Norman

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

Rep. Rhoden moved that the House do not concur in Senate amendments to HB 1060 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. Rhoden, Michels, and Hargens.

Rep. Michels moved that the consideration of amendments to HB 1090 be placed to follow HB 1055 on today's calendar.

Which motion prevailed.

Rep. Turbiville moved that the House do not concur in Senate amendments to HB 1128 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. Turbiville, Nelson, and Sigdestad.

Rep. McLaughlin moved that the House do not concur in Senate amendments to HB 1175 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. Rhoden, Michels, and Hargens.

Rep. McLaughlin moved that the House do concur in Senate amendments to HB 1176.

The question being on Rep. McLaughlin's motion that the House do concur in Senate amendments to HB 1176.

And the roll being called:

Yeas 55, Nays 2, Excused 13, Absent 0

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

Nays:
Buckingham; Hargens

Excused:
Bradford; Dennert; Gassman; Haley; Halverson; Heineman; Hunhoff; Jensen; Klaudt; Pederson (Gordon); Putnam; Valandra; Van Norman

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. Roberts moved that the House do concur in Senate amendments to HB 1232.

The question being on Rep. Roberts' motion that the House do concur in Senate amendments to HB 1232.

And the roll being called:

Yeas 56, Nays 1, Excused 13, Absent 0

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

Nays:
Elliott

Excused:
Bradford; Dennert; Gassman; Haley; Halverson; Heineman; Hunhoff; Jensen; Klaudt; Pederson (Gordon); Putnam; Valandra; Van Norman

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

Rep. Krebs moved that the House do concur in Senate amendments to HB 1233.

The question being on Rep. Krebs' motion that the House do concur in Senate amendments to HB 1233.

And the roll being called:

Yeas 54, Nays 3, Excused 13, Absent 0

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

Nays:
Gillespie; Hargens; Tornow

Excused:
Bradford; Dennert; Gassman; Haley; Halverson; Heineman; Hunhoff; Jensen; Klaudt; Pederson (Gordon); Putnam; Valandra; Van Norman

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. Dykstra moved that the House do not concur in Senate amendments to HB 1238 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. Putnam, Dykstra, and Hargens.

Rep. Dykstra moved that the House do not concur in Senate amendments to HB 1244 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. Putnam, Dykstra, and Hargens.

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 appointed Sens. Greenfield, Gary Hanson, and Kooistra 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 1167.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Ed Olson, Gant, and Peterson 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 1236.

Respectfully,
Patricia Adam, Secretary

Rep. Rhoden moved that the House do now recess until 12:00 p.m., which motion prevailed and at 8:57 a.m., the House recessed.

RECESS

The House reconvened at 12:00 p.m., the Speaker presiding.

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 HB 1163 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1163 be amended as follows:

On page 1, line 8 of the Senate Judiciary Committee engrossed bill, overstrike " one hundred eighty " and insert " ninety ".

Respectfully submitted,                 Respectfully submitted,
Sean M. O'Brien                        Bob Gray
House Committee Chair                Senate Committee Chair

The Conference Committee respectfully reports that it has considered HJR 1001 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the House do not concur with the Senate amendments to HJR 1001 and do not appoint a new committee.

Respectfully submitted,                 Respectfully submitted,
Matthew Michels                        Lee Schoenbeck
House Committee Chair                Senate Committee Chair

The Conference Committee respectfully reports that it has considered SB 98 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 98 be amended as follows:

On page 3, line 6 of the House engrossed bill, delete " July " and insert "January".

Respectfully submitted,                 Respectfully submitted,
Tim Rave                            Garry Moore
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Bogue, Schoenbeck, and Moore 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 1060.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Schoenbeck, Bogue, and Moore 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 1175.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Knudson, Kooistra, and Jim Peterson 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 1128.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Apa, Earley, and Gary Hanson 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 1238.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 148.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 143 and has appointed Sens. Duane Sutton, Gray, and Bartling as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

The Speaker appointed Reps. Tidemann, Frost, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 143.

Rep. Rhoden moved that the House do now recess until 1:00 p.m., which motion prevailed and at 12:09 p.m., the House recessed.

RECESS

The House reconvened at 1:00 p.m., the Speaker Pro tempore presiding.

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 184 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 184 and do not appoint a new committee.

Respectfully submitted,                 Respectfully submitted,
Margaret V. Gillespie                    Clarence Kooistra
House Committee Chair                Senate Committee Chair

Rep. Dykstra moved that the House do now recess until 2:00 p.m., which motion prevailed and at 1:03 p.m., the House recessed.

RECESS

The House reconvened at 2:00 p.m., the Speaker presiding.

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1236 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1236 be amended as follows:

On page 2, line 9 of the Senate Education Committee engrossed bill, delete " to establish fees " .

On page 2 , line 10, delete everything before " and " .

On page 2 , line 11, delete everything after " . " .

On page 2 , delete lines 12 to 16 , inclusive.

On page 1, line 6 of the Senate Education Committee engrossed bill, delete " for high school-aged students in the state " .

Respectfully submitted,                 Respectfully submitted,
Ryan P. Olson                        Ed Olson
House Committee Chair                Senate Committee Chair

The Conference Committee respectfully reports that it has considered SB 143 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 143 be amended as follows:

On page 1 of the Senate Appropriations Committee engrossed bill, delete lines 6 to 10 , inclusive.

Respectfully submitted,                 Respectfully submitted,
Larry Tidemann                        Duane Sutton
House Committee Chair                Senate Committee Chair

Rep. Rhoden moved that the House do now recess until 4:00 p.m., which motion prevailed and at 2:07 p.m., the House recessed.

RECESS

The House reconvened at 4:00 p.m., the Speaker presiding.

There being no objection, the House reverted to Order of Business No. 3.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The House proceeded to the reconsideration of HB 1141 pursuant to the veto of the Governor and the veto message found on page 742 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being “Shall HB 1141 pass, the veto of the Governor notwithstanding?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Valandra

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed, the veto of the Governor notwithstanding.

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1128 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1128 be amended as follows:

On page 1 of the Senate Taxation Committee engrossed bill, delete lines 5 to 11 , inclusive, and insert:

" 10-6-33.25. For the purposes of § 10-6-33.24, the agricultural income value shall be determined using capitalized annual cash rent. The annual cash rent is the annual cash rent, excluding the per acre tax on agricultural land, determined through an analysis of arms-length rental agreements collected within the county in the three years prior to the year for which the agricultural income value is being determined. The agricultural income value of cropland shall be based on average rents over a three-year period for cropland under natural conditions. The agricultural income value of noncropland shall be based on average rents over a three-year period for noncropland under natural conditions. However, no arms-length rental agreements for irrigated land may be used to determine the annual cash rent pursuant to this section. The annual cash rent shall be capitalized at ~~seven and three-fourths~~ six and one-fifth percent.

The secretary of revenue and regulation may enter into a contract for the collection of cash rent information by county. Cash rent information shall be adjusted by soil survey statistics, if available, and pursuant to § 10-6-33.26.

Section 2. This Act is repealed on July 1, 2007.".

On page 2 , delete lines 1 to 6 , inclusive.

Respectfully submitted,                 Respectfully submitted,
Charles M. Turbiville                    Dave Knudson
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 98 and HB 1163.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 184 and 143.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1236 and HJR 1001.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1010 in which the Senate has concurred.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Putnam moved that the House do concur in Senate amendments to HB 1240.

The question being on Rep. Putnam's motion that the House do concur in Senate amendments to HB 1240.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Valandra

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. Putnam moved that the House do concur in Senate amendments to HB 1020.

The question being on Rep. Putnam's motion that the House do concur in Senate amendments to HB 1020.

And the roll being called:

Yeas 60, Nays 9, Excused 1, Absent 0

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

Excused:
Valandra

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. Dykstra moved that the House do concur in Senate amendments to HB 1055.

The question being on Rep. Dykstra's motion that the House do concur in Senate amendments to HB 1055.

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; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Michels

Nays:
Olson (Ryan); Rounds; Van Norman; Vehle

Excused:
Valandra

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. Klaudt moved that the House do concur in Senate amendments to HB 1090.

The question being on Rep. Klaudt's motion that the House do concur in Senate amendments to HB 1090.

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; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Tornow

Excused:
Valandra

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. Rhoden moved that when we adjourn today, we adjourn to convene at 8:30 a.m. on Tuesday, February 28^th, the 34^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Cutler moved that the report of the Conference Committee on SB 148 as found on page 752 of the House Journal be adopted.

Rep. Tornow moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 148 and that a new committee be appointed.

A roll call vote was requested and supported.

The question being on Rep. Tornow's substitute motion to not adopt the report of the Conference Committee on SB 148 and that a new committee be appointed.

And the roll being called:

Yeas 13, Nays 56, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Dykstra; Gillespie; Hunt; Jerke; Koistinen; Krebs; Novstrup; Rausch; Tornow; Van Etten; Weems

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

Excused:
Valandra

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 on Rep. Cutler's motion that the report of the Conference Committee on SB 148 be adopted.

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

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

Nays:
Krebs; Tornow

Excused:
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.

Speaker Pro tempore Deadrick now presiding.

Rep. Michels moved that the report of the Conference Committee on HJR 1001 as found on page 765 of the House Journal be adopted.

The question being on Rep. Michels' motion that the report of the Conference Committee on HJR 1001 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
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. O'Brien moved that the report of the Conference Committee on HB 1163 as found on page 764 of the House Journal be adopted.

The question being on Rep. O'Brien's motion that the report of the Conference Committee on HB 1163 be adopted.

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

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

Nays:
Davis; Hackl; Tornow

Excused:
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. Rave moved that the report of the Conference Committee on SB 98 as found on page 765 of the House Journal be adopted.

The question being on Rep. Rave's motion that the report of the Conference Committee on SB 98 be adopted.

And the roll being called:

Yeas 53, Nays 15, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gillespie; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; 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; Glenski; Glover; Haley; Halverson; Hargens; Kroger; Roberts; Sigdestad; Street; Thompson; Van Norman

Excused:
Nelson; 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. Gillespie moved that the report of the Conference Committee on SB 184 as found on page 767 of the House Journal be adopted.

The question being on Rep. Gillespie's motion that the report of the Conference Committee on SB 184 be adopted.

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

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

Nays:
Elliott; Gassman; Haley; Hargens; Hennies

Excused:
Nelson; 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. Tidemann moved that the report of the Conference Committee on SB 143 as found on page 768 of the House Journal be adopted.

The question being on Rep. Tidemann's motion that the report of the Conference Committee on SB 143 be adopted.

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; Hargens; Haverly; Heineman; Hennies; Hills; 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; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hanks; Howie; Van Etten

Excused:
Valandra

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

Speaker Michels now presiding.

Rep. Olson moved that the report of the Conference Committee on HB 1236 as found on page 767 of the House Journal be adopted.

The question being on Rep. Olson's motion that the report of the Conference Committee on HB 1236 be adopted.

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

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

Nays:
Boomgarden; Peters; Tidemann; Tornow

Excused:
Nelson; 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.

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 HB 1167 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Taxation Committee engrossed version.

Respectfully submitted,                 Respectfully submitted,
Hal G. Wick                            Brock L. Greenfield
House Committee Chair                Senate Committee Chair

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1015, 1058, 1072, 1098, 1119, 1143, 1176, 1181, 1197, 1209, 1215, 1232, and 1233 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1079, 1180, 1220, and 1246 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 27, 2006.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire an equestrian facility for South Dakota State University and to declare an emergency.

HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding investigations of the Division of Insurance.

HB 1072: FOR AN ACT ENTITLED, An Act to direct the Department of Social Services to establish the South Dakota long-term care partnership program.

HB 1098: FOR AN ACT ENTITLED, An Act to exempt swine and cattle semen from sales and use taxes.

HB 1119: FOR AN ACT ENTITLED, An Act to repeal certain mandatory minimum sentences for driving under the influence, to expand those substances under which a person may be found to be under the influence, and to revise certain driving under the influence provisions for clarity and consistency.

HB 1143: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to renovate Wecota Hall at South Dakota State University, and to make an appropriation therefor.

HB 1176: FOR AN ACT ENTITLED, An Act to define enrolled pupils or students for purposes of state aid to education.

HB 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding humane societies.

HB 1197: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the reduction of unemployment benefits.

HB 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding money lending.

HB 1215: FOR AN ACT ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

HB 1232: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the freeze on property assessments for disabled and senior citizens.

HB 1233: FOR AN ACT ENTITLED, An Act to provide for the establishment and operation of artisan distillers and to revise certain provisions concerning farm wineries.

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.

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.

SB 44: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding waiting periods for the filing of insurance rates.

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.

SB 81: FOR AN ACT ENTITLED, An Act to prohibit the acquiring or selling of certain communications records.

SB 100: FOR AN ACT ENTITLED, An Act to revise the distribution from certain constitutionally created trust funds, to revise certain provisions regarding state fund condition statements, and to declare an emergency.

SB 130: FOR AN ACT ENTITLED, An Act to impose the 911 monthly telephone surcharge to prepaid telephone calling services.

SB 154: FOR AN ACT ENTITLED, An Act to create a life protection litigation subfund within the extraordinary litigation fund and provide for its use and to declare an emergency.

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.

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.

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:17 p.m. the House adjourned.

Karen Gerdes, Chief Clerk