JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 22, 2007

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

     The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by House page Connor McKee.

     Roll Call: All members present except Reps. Ahlers, Bradford, Nelson, and Ryan Olson who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the eighth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
    The oath of office was administered by Speaker Deadrick to the following named pages:

    Katherine Aurand, Levi Bietz, Jennifer Chase, Corbin Cleary, Dana Hauk, Nicole Lefers, Alexandra Lindemann, Connor McKee, Lauren Olson, Tony Schaefbauer, Ashley Schnell, Jessie Sonn, Ashlyn Swanson.

    Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1031 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill be amended as follows:

1077ja
     On page 3, line 9 of the printed bill, after " fund " insert "to be used to help offset the cost of health care services provided to the citizens by the State of South Dakota.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1066 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1071 and 1078 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1079 and 1085 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1099 and SB 49 and 66 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1089 and returns the same with the recommendation that said bill be amended as follows:

1089ta
     On page 1, line 7 of the printed bill, delete everything after " includes " and insert " like-kind exchanges of property; ".

     On page 1 , delete lines 8 to 11 , inclusive.

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

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 11, 21, 39, 44, 45, 46, and 50 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1001   Introduced by:  Representatives Hunt, Boomgarden, Brunner, Buckingham, Carson, Cutler, Davis, Deadrick, Dreyer, Dykstra, Faehn, Gilson, Hackl, Hanks, Haverly, Heineman, Hills, Howie, Kirkeby, Koistinen, Krebs, Nelson, Noem, Novstrup (David), Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Rausch, Rave, Rhoden, Rounds, Steele, Tidemann, Turbiville, Van Etten, Vanneman, Wick, and Willadsen and Senators Gant, Abdallah, Albers, Duenwald, Hansen (Tom), Jerstad, Katus, Kloucek, McCracken, Napoli, Olson (Ed), Schmidt (Dennis), Smidt (Orville), Sutton, and Two Bulls

         A CONCURRENT RESOLUTION,  Supporting a Taiwan-United States free trade agreement.

     WHEREAS,  Taiwan and the United States enjoy one of the most important economic and strategic international relationships; and

     WHEREAS,  together, Taiwan and the United States promote a shared faith and respect for freedom, democracy, and free market principles; and

     WHEREAS,  Taiwan and the United States have worked hand-in-hand to preserve peace and stability within the Asia-Pacific region and to help improve the lives of their citizens and people around the world; and

     WHEREAS,  trade between Taiwan and the United States has increased significantly during the past decades, with the United States being Taiwan's second largest source of imports and Taiwan being the eighth largest trading partner of the United States; and

     WHEREAS,  Taiwan is a major trading partner with the United States and also an important overseas market for United States agricultural products, and given the remarkable economic performance of Taiwan and the strong purchasing power of its twenty-three million people, there are many opportunities to further expand bilateral trade between the United States and Taiwan; and

     WHEREAS,  streamlined foreign investment procedures developed under a Taiwan-United States free trade agreement would lead to further investment by firms in both Taiwan and the United States and would create new business opportunities and new jobs; and

     WHEREAS,  a Taiwan-United States free trade agreement would encourage greater innovations and manufacturing efficiencies by stimulating joint technological development, practical applications, and new cooperative ventures; and

     WHEREAS,  a recent study by the United States International Trade Commission supports the negotiation of a Taiwan-United States free trade agreement to further boost trade between the two countries and serve the broader interests of the United States in the Asia-Pacific region:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- second Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature hereby supports the negotiations of a Taiwan-United States free trade agreement.

     Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Rhoden moved that the reports of the Standing Committees on

     Education on HB 1033 as found on page 122 of the House Journal ; also

     Education on HB 1034 as found on page 122 of the House Journal ; also

     Education on HB 1037 as found on page 123 of the House Journal ; also

     Appropriations on HB 1010 as found on page 123 of the House Journal ; also

     Health and Human Services on HB 1028 as found on page 124 of the House Journal ; also

     Commerce on HB 1051 as found on pages 124 and 125 of the House Journal ; also

     Commerce on HB 1052 as found on page 125 of the House Journal ; also

     Commerce on HB 1054 as found on page 125 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1127   Introduced by:  Representatives Rhoden, Jerke, Rave, and Rounds and Senators Duenwald, Dempster, Gray, and McNenny

       FOR AN ACT ENTITLED, An Act to   clarify the authority of county commissioners to set their annual salary.

     Was read the first time and referred to the Committee on Local Government.

     HB 1128   Introduced by:  Representatives Brunner, Kirkeby, Lucas, Novstrup (Al), and Rounds and Senators Gant, Bartling, Garnos, Gray, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   revise the provisions concerning the accumulation of funds by counties for capital outlay purposes.

     Was read the first time and referred to the Committee on Local Government.

     HB 1129   Introduced by:  Representatives Feinstein, Dennert, Engels, Gillespie, Juhnke, Lust, Nygaard, and Van Norman and Senators Knudson, Katus, and Koetzle

       FOR AN ACT ENTITLED, An Act to   provide for the conversion of certain cooperatives into business corporations.

     Was read the first time and referred to the Committee on Commerce.

     HB 1130   Introduced by:  Representatives Rounds, Brunner, Howie, Jerke, Novstrup (Al), Pitts, and Sigdestad and Senators McNenny, Bartling, Dempster, Garnos, Gray, Olson (Ed), and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   increase the level of expenditures that may be incurred before requiring the advertisement for bids for the purchase of materials, supplies, or equipment.

     Was read the first time and referred to the Committee on Local Government.

     HB 1131   Introduced by:  Representatives Tidemann, Burg, Dennert, DeVries, Dykstra, Hackl, Halverson, Howie, Juhnke, Lucas, Moore, Nelson, Noem, Peters, Rausch, Sigdestad, Van Etten, Vanneman, and Vehle and Senators Bartling, Duenwald, Garnos, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Hundstad, Maher, McNenny, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   increase the amount of funding for conservation and value-added agriculture purposes from certain unclaimed motor fuel tax refunds.

     Was read the first time and referred to the Committee on Taxation.

     HB 1132   Introduced by:  Representatives Ahlers and Burg and Senators Koetzle, Hoerth, and Jerstad

       FOR AN ACT ENTITLED, An Act to   increase the maximum penalty that counties and municipalities may establish for a violation of an ordinance.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1133   Introduced by:  Representatives Ahlers, Lust, Olson (Betty), Thompson, and Willadsen and Senators Jerstad, Dempster, Gant, Kloucek, and Sutton

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the expenditure of proceeds from the county wheel tax.

     Was read the first time and referred to the Committee on Local Government.


      HB 1134   Introduced by:  Representatives Ahlers, Elliott, Gilson, and Halverson and Senators Peterson (Jim), Gant, and Koetzle

       FOR AN ACT ENTITLED, An Act to   require certain children to be in booster seats when in motor vehicles.

     Was read the first time and referred to the Committee on Transportation.

     HB 1135   Introduced by:  Representatives Pederson (Gordon), Burg, Dennert, Elliott, Juhnke, Rounds, and Turbiville and Senators Garnos, Bartling, Gant, Hanson (Gary), Kloucek, McCracken, Napoli, and Sutton

       FOR AN ACT ENTITLED, An Act to   adopt the Multistate Highway Transportation Agreement and to provide for its funding.

     Was read the first time and referred to the Committee on Transportation.

     HB 1136   Introduced by:  Representatives Howie, Brunner, Dreyer, Elliott, Pederson (Gordon), and Pitts and Senators McNenny, Lintz, and McCracken

       FOR AN ACT ENTITLED, An Act to   allow certain disabled bow hunters to use special equipment to operate the bow.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 11:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the licensing of commercial drivers.

     Was read the first time and referred to the Committee on Transportation.

     SB 21:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for the siting of energy facilities.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 39:   FOR AN ACT ENTITLED, An Act to   provide claims information to commercial property casualty insureds.

     Was read the first time and referred to the Committee on Commerce.

     SB 44:   FOR AN ACT ENTITLED, An Act to   require the conduct of criminal background checks for certain persons employed by the Division of Banking.

     Was read the first time and referred to the Committee on Commerce.

     SB 45:   FOR AN ACT ENTITLED, An Act to   repeal the authority for state chartered savings and loan associations.

     Was read the first time and referred to the Committee on Commerce.

     SB 46:   FOR AN ACT ENTITLED, An Act to   clarify the tax exempt and licensure status of fraternal benefit societies.

     Was read the first time and referred to the Committee on Commerce.

     SB 50:   FOR AN ACT ENTITLED, An Act to   revise certain provisions of parole eligibility.

     Was read the first time and referred to the Committee on Judiciary.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1029:   FOR AN ACT ENTITLED, An Act to   place certain drugs on the controlled substances schedule and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1029 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Gillespie; Nelson; Olson (Russell); Olson (Ryan)

     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.

     HB 1030:   FOR AN ACT ENTITLED, An Act to   revise the membership of the State Board of Podiatry Examiners, the State Board of Pharmacy, and the State Board of Funeral Service.

     Was read the second time.

     The question being "Shall HB 1030 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Gillespie; Nelson; Olson (Russell); Olson (Ryan)

     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.

     HB 1094:   FOR AN ACT ENTITLED, An Act to   specify the admonishment of jurors during court adjournments.

     Was read the second time.

     The question being "Shall HB 1094 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Gillespie; Nelson; Olson (Russell); Olson (Ryan)

     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.

     HB 1095:   FOR AN ACT ENTITLED, An Act to   provide for and revise the wording of certain judicial oaths.

     Was read the second time.

     The question being "Shall HB 1095 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Gillespie; Nelson; Olson (Russell); Olson (Ryan)

     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.


      HB 1096:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions concerning the place where certain trials shall take place.

     Was read the second time.

     The question being "Shall HB 1096 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Gillespie; Nelson; Olson (Russell); Olson (Ryan)

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1008:   FOR AN ACT ENTITLED, An Act to   authorize an increase in the livestock ownership inspection fee.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1008 pass?"

     And the roll being called:

     Yeas 25, Nays 40, Excused 5, Absent 0

     Yeas:
Brunner; Dennert; DeVries; Faehn; Feinstein; Halverson; Hargens; Hills; Howie; Hunt; Jerke; Juhnke; Koistinen; Krebs; Lust; Novstrup (Al); Novstrup (David); Olson (Betty); Pitts; Sigdestad; Street; Turbiville; Van Etten; Weems; Wick

     Nays:
Boomgarden; Buckingham; Burg; Carson; Cutler; Davis; Dreyer; Dykstra; Elliott; Engels; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Haverly; Heineman; Kirkeby; Lucas; McLaughlin; Miles; Moore; Noem; Nygaard; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Thompson; Tidemann; Van Norman; Vanneman; Vehle; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Nelson; Olson (Russell); Olson (Ryan)

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

     HB 1058:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the placement of juveniles under the jurisdiction of the Department of Corrections.

     Was read the second time.

     Rep. Lust moved that HB 1058 be deferred to Wednesday, January 24th, the 11th legislative day.

     Which motion prevailed.

     HB 1004:   FOR AN ACT ENTITLED, An Act to   revise the penalty for misuse of any aircraft or vehicle owned or leased by the state.

     Was read the second time.

     The question being "Shall HB 1004 pass?"

     And the roll being called:

     Yeas 61, Nays 5, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Faehn; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Burg; Engels; Feinstein; Nygaard; Thompson

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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.

     HB 1012:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the appropriation of money for the veterans' bonus program.

     Was read the second time.

     The question being "Shall HB 1012 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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.

     HB 1067:   FOR AN ACT ENTITLED, An Act to   revise certain reversion provisions regarding an appropriation to the South Dakota Energy Infrastructure Authority.

     Was read the second time.

     Rep. Dykstra moved that HB 1067 be referred to the Committee on Appropriations.

     Which motion prevailed.

     HB 1040:   FOR AN ACT ENTITLED, An Act to   repeal the manager license, revise the requirements for a salon license, and revise the requirements for an instructor license with regard to the practice of cosmetology.

     Was read the second time.

     Rep. Noem moved that HB 1040 be deferred to Wednesday, January 24th, the 11th legislative day.

     Which motion prevailed.

     HB 1015:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the required identification of authorized emergency vehicles.

     Was read the second time.

     The question being "Shall HB 1015 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 11, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Faehn; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Weems; Wick; Willadsen

     Nays:
Engels; Feinstein; Hargens; Juhnke; Lucas; Moore; Nygaard; Putnam; Van Norman; Vehle; Speaker Deadrick

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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.

     HB 1059:   FOR AN ACT ENTITLED, An Act to   provide for the sharing of certain child protection records.

     Was read the second time.

     The question being "Shall HB 1059 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Van Norman

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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.

     HB 1020:   FOR AN ACT ENTITLED, An Act to   permit the South Dakota Department of Agriculture to contract with individual firefighters and support personnel.

     Was read the second time.

     Rep. Rhoden moved that HB 1020 and 1035 be deferred to Wednesday, January 24th, the 11th legislative day.

     Which motion prevailed.

     HB 1001:   FOR AN ACT ENTITLED, An Act to   repeal references to certain defunct programs under the authority of the Board of Regents.

     Was read the second time.

     The question being "Shall HB 1001 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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.

     HB 1002:   FOR AN ACT ENTITLED, An Act to   revise the style and form of certain provisions relating to the Board of Regents.

     Was read the second time.

     The question being "Shall HB 1002 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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.

     HB 1038:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the interstate enrollment options program.

     Was read the second time.

     The question being "Shall HB 1038 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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.

     HB 1011:   FOR AN ACT ENTITLED, An Act to   make an appropriation to provide for the renovation of the National Guard armory in Brookings.

     Was read the second time.

     The question being "Shall HB 1011 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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.

     HB 1053:   FOR AN ACT ENTITLED, An Act to   provide certain standards for health maintenance organizations in individual health insurance.

     Was read the second time.

     The question being "Shall HB 1053 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Ahlers; Bradford; Nelson; Olson (Ryan)

     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. Pederson moved that the House do now adjourn, which motion prevailed and at 3:29 p.m. the House adjourned.

Karen Gerdes, Chief Clerk