JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



THIRTY-SECOND DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 26, 2007

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Allyson Billion.

     Roll Call: All members present except Reps. Bradford, Elliott, and Halverson 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 thirty-first 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:

    Sean Crawford and Rachel Skea.

    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 Appropriations respectfully reports that it has had under consideration SB 218 and returns the same with the recommendation that said bill be amended as follows:

218tb
     On page 4, between lines 15 and 16 of the Senate engrossed bill, insert:

"      Section 14. No money appropriated pursuant to this Act may be used for the construction or acquisition of any new camping cabins in Custer State Park.".


     And that as so amended said bill do pass.

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

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  95 and 199 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 197 and returns the same with the recommendation that said bill be amended as follows:

197jc
     Delete the pending amendment (197jb).

     On page 14 , line 12, delete " but may be subject to administrative sanctions " .

     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 SB 187, which was removed from the table, and returns the same with the recommendation that said bill do NOT pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 196 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  80, 147, and 182 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 SB  93 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 10, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

10fd
     On page 1, line 14 of the Senate Commerce Committee engrossed bill, delete " twelve " and insert " eighteen ".

     On page 2 , line 4, before " groundline " insert " original ".

     On page 2 , line 5, delete everything after " way " and insert " ; ".

     On page 2 , delete lines 6 and 7 .

     And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

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

198oa
     On page 2, after line 1 of the Senate State Affairs Committee engrossed bill, insert:

"      Section 4. That section 1 of chapter 11 of the 2006 Session Laws be amended to read as follows:

     Section 1. The attorney general is hereby directed to study open government issues in South Dakota. The study shall address school district, city, county, and state government entities and their actions, and shall specifically address which matters are open to the public and which are not. The attorney general shall report findings and recommendations to the executive board of the Legislative Research Council by June 30, 2007 September 1, 2007 .

     Section 5. The provisions of this Act are repealed on January 1, 2008.".


198ob
     On page 1, line 5 of the Senate State Affairs Committee engrossed bill, delete " seven " and insert "six".

     On page 1 , line 8, delete everything after " Representatives. " .

     On page 1 , delete line 9 .

198tta
     On page 1, line 1 of the Senate State Affairs Committee engrossed bill, after " Commission " insert "and the study of open government issues".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  132 and tabled the same.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 98, 99, and 193 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 SB 97, 111, and 215 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 168 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 15, 39, 70, and 125.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1036, 1069, 1074, and 1144 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1091, 1200, and 1288 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Olson, Dempster, and Nesselhuf 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 1286.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 6 and 8 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

HONORED GUESTS


     Speaker Deadrick introduced representatives of the Boys & Girls Clubs of South Dakota. The Governor has proclaimed March 25-31, 2007, as Boys & Girls Club Week.

MOTIONS AND RESOLUTIONS


     Rep. Russell Olson moved that the House do concur in Senate amendments to HB 1241.

     The question being on Rep. Russell Olson's motion that the House do concur in Senate amendments to HB 1241.

     And the roll being called:

     Yeas 64, Nays 1, Excused 4, Absent 1

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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

     Nays:
Faehn

     Excused:
Bradford; Elliott; Hackl; Halverson

     Absent:
Hanks

     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 the House do not concur in Senate amendments to HB 1048 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, Deadrick, and Hargens.

     SCR 6:   A CONCURRENT RESOLUTION,   Supporting mandatory implementation of Federal Country of Origin Labeling (COOL) laws passed by Congress in 2002.

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

     SCR 8:   A CONCURRENT RESOLUTION,   Establishing South Dakota's commitment to the development of the bioeconomy.

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

     Rep. Hargens moved that the Committee on Transportation be instructed to deliver SB 109 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was not supported.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Appropriations on SB 31 as found on pages 628 and 629 of the House Journal ; also

     Appropriations on SB 53 as found on page 629 of the House Journal ; also

     Appropriations on SB 59 as found on pages 629 and 630 of the House Journal ; also

     Appropriations on SB 100 as found on page 630 of the House Journal ; also

     Appropriations on SB 185 as found on page 630 of the House Journal ; also

     Commerce on SB 165 as found on page 631 of the House Journal ; also

     State Affairs on SJR 9 as found on page 632 of the House Journal ; also

     Judiciary on SB 75 as found on pages 632 and 633 of the House Journal ; also

     Judiciary on SB 202 as found on page 633 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Peters moved that the words “without recommendation” be stricken from the report of the Committee on Taxation on SB 42, that the words “do pass” be inserted, and that the bill be placed on the calendar of Tuesday, February 27th, the 33rd legislative day.

     The question being on Rep. Peters' motion the words “without recommendation” be stricken from the report of the Committee on Taxation on SB 42, that the words “do pass” be inserted, and that the bill be placed on the calendar of Tuesday, February 27th, the 33rd legislative day.

     And the roll being called:

     Yeas 34, Nays 33, Excused 3, Absent 0

     Yeas:
Boomgarden; Buckingham; Cutler; Dreyer; Feinstein; Gilson; Hanks; Haverly; Hunt; Jerke; Juhnke; Kirkeby; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Van Etten; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Brunner; Burg; Carson; Davis; Dennert; DeVries; Dykstra; Engels; Faehn; Gassman; Gillespie; Glenski; Hackl; Hargens; Heineman; Hills; Howie; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nygaard; Olson (Betty); Pederson (Gordon); Sigdestad; Street; Thompson; Turbiville; Van Norman; Wick

     Excused:
Bradford; Elliott; Halverson

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

     Rep. Peters announced her intention to reconsider the vote by which SB 42 lost.

SECOND READING OF CONSENT CALENDAR ITEMS


     SCR 4:   A CONCURRENT RESOLUTION,   Requesting all qualifying school districts in South Dakota to use the South Dakota Department of Education developed, and South Dakota Board of Education approved, Model Wellness Policy as a guideline.

     Rep. Weems moved that SCR 4 as found on page 308 of the Senate Journal be concurred in.

     The question being on Rep. Weems' motion that SCR 4 be concurred in.

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

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

     Nays:
DeVries; Wick

     Excused:
Bradford; Elliott; Halverson

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

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

     Was read the second time.

     The question being “Shall SB 46 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Halverson

     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 118:   FOR AN ACT ENTITLED, An Act to   permit the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new environmental measures.

     Was read the second time.

     The question being “Shall SB 118 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Halverson

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

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

     Was read the second time.

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

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Bradford; Elliott; Halverson; Putnam

     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 61:   FOR AN ACT ENTITLED, An Act to   include adopted children within certain child support deviations.

     Was read the second time.

     The question being “Shall SB 61 pass?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Bradford; Elliott; Halverson; Putnam

     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 77:   FOR AN ACT ENTITLED, An Act to   provide for an exclusive remedy for judgment creditors of limited partnerships.

     Was read the second time.

     The question being “Shall SB 77 pass as amended?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Halverson

     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 78:   FOR AN ACT ENTITLED, An Act to   revise the rights of creditors of limited liability companies.

     Was read the second time.

     The question being “Shall SB 78 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Halverson

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Tidemann moved that SB 219 be placed to follow SB 56 on today's calendar.

     Which motion prevailed.

     SB 195:   FOR AN ACT ENTITLED, An Act to   allow member schools of the South Dakota High School Activities Association to remit certain admissions fees to private entities for the support of interscholastic activities.

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

195ca

     Rep. Buckingham moved that SB 195 be amended as follows:

     On page 1, line 9 of the printed bill, delete " remit " and insert "allow".
     On page 1 , line 10, delete everything after " by the association " .

     On page 1 , line 11, delete everything before " to " .

     On page 1 , line 11, after " to " insert "be used by".

     On page 1 , line 11, delete everything after " activities " and insert ".".

     On page 1 , delete line 12 , and insert "The portion of the admissions fees provided to the local organization shall be used for a purpose that is approved in advance by the local school board, and may be used for a local endowment fund that is dedicated to assisting the local school district with its educational needs. The local organization shall maintain complete records of the admissions fees it receives, and shall provide a report to the local school board detailing the specific use of the admissions fees.".

     Which motion prevailed.

     The question being “Shall SB 195 pass as amended?”

     And the roll being called:

     Yeas 57, Nays 10, Excused 3, Absent 0

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

     Nays:
Burg; Dykstra; Gillespie; Hargens; Lucas; Moore; Peters; Rhoden; Street; Wick

     Excused:
Bradford; Elliott; Halverson

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Buckingham moved that the title to SB 195 be amended as follows:

     On page 1, line 2 of the printed bill, delete everything after " Association to " and insert "provide a portion of certain admissions fees to local organizations that support interscholastic activities.".

     On page 1 , delete line 3 .

     Which motion prevailed and the title was so amended.

     SB 81:   FOR AN ACT ENTITLED, An Act to   remove the reference to party affiliations for independent candidates on the certificate of nomination and the ballot.

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

     The question being “Shall SB 81 pass?”

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Burg; Engels; Feinstein; Hargens; Miles; Moore; Van Norman

     Excused:
Bradford; Elliott; Halverson

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

     SB 184:   FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

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

     The question being “Shall SB 184 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Halverson

     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 88:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Child Abduction Prevention Act.

     Was read the second time.

     The question being “Shall SB 88 pass?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Hackl; Halverson

     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 142:   FOR AN ACT ENTITLED, An Act to   provide for collection of certain workers' compensation by court order.

     Was read the second time.

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

     And the roll being called:

     Yeas 39, Nays 27, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Burg; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hanks; Hargens; Haverly; Heineman; Hills; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Putnam; Sigdestad; Street; Thompson; Tidemann; Van Norman; Vanneman; Vehle

     Nays:
Buckingham; Carson; Faehn; Hackl; Howie; Hunt; Jerke; Juhnke; McLaughlin; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rhoden; Rounds; Steele; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Bradford; Cutler; Elliott; Halverson

     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 160:   FOR AN ACT ENTITLED, An Act to   require timely honoring of rebates and to provide a private cause of action.

     Was read the second time.

     Rep. Peters moved that SB 160 be laid on the table.

     The question being on Rep. Peters' motion that SB 160 be laid on the table.

     And the roll being called:

     Yeas 61, Nays 6, Excused 3, Absent 0

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

     Nays:
Engels; Feinstein; Gassman; Olson (Ryan); Rounds; Thompson

     Excused:
Bradford; Elliott; Halverson

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 160 was tabled.

     SB 47:   FOR AN ACT ENTITLED, An Act to   prevent illegal multiple employer welfare arrangements and other illegal health insurers.

     Was read the second time.

     The question being “Shall SB 47 pass as amended?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Halverson

     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 3:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the circulation and signing of initiative and referendum petitions and to provide a penalty for violation thereof.

     Was read the second time.

3od

     Rep. Lucas moved that SB 3 be amended as follows:

     On page 2, line 5 of the Senate engrossed bill, delete " or knowing that he or she has " .

     On page 2 , line 6, delete " already signed the same petition " .

     Which motion lost.

     The question being “Shall SB 3 pass as amended?”

     And the roll being called:

     Yeas 50, Nays 17, Excused 3, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gilson; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Thompson; Turbiville; Van Etten; Vehle; Weems; Wick; Speaker Deadrick


     Nays:
Ahlers; Burg; Cutler; Engels; Feinstein; Gassman; Gillespie; Glenski; Hargens; Miles; Nygaard; Sigdestad; Street; Tidemann; Van Norman; Vanneman; Willadsen

     Excused:
Bradford; Elliott; Halverson

     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 32:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the distribution of funds to sparse school districts, and to declare an emergency.

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

     The question being “Shall SB 32 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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

     Nays:
Moore

     Excused:
Bradford; Elliott; Halverson

     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 30:   FOR AN ACT ENTITLED, An Act to   to make an appropriation for costs related to payments to sparse school districts and to declare an emergency.

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

     Rep. Burg moved that SB 30 be deferred to Thursday, March 1, the 35th legislative day.

     Which motion prevailed.

     SB 159:   FOR AN ACT ENTITLED, An Act to   allow a taxpayer who is the subject of an audit to provide certain pertinent papers and documents after the prescribed deadline under limited circumstances.

     Was read the second time.

     The question being “Shall SB 159 pass as amended?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Halverson

     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 2:   FOR AN ACT ENTITLED, An Act to   establish certain procedures regarding the verification of initiative and referendum signatures.

     Was read the second time.

     The question being “Shall SB 2 pass as amended?”

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Engels; Feinstein; Van Norman

     Excused:
Bradford; Elliott; Halverson

     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 55:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to purchase improved real property adjacent to the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being “Shall SB 55 pass?”

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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

     Nays:
Moore

     Excused:
Bradford; Elliott; Halverson

     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 56:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to acquire a seed technology facility for South Dakota State University, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     The question being “Shall SB 56 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Bradford; Elliott; Halverson

     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 219:   FOR AN ACT ENTITLED, An Act to   make an appropriation for a drought tolerance biotechnology research center and to declare an emergency.

     Was read the second time.

     The question being “Shall SB 219 pass?”

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); 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


     Nays:
Olson (Betty)

     Excused:
Bradford; Elliott; Halverson

     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   authorize the Board of Regents to construct a straw bale house at the McCrory Gardens on the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being “Shall SB 57 pass as amended?”

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Hackl; Hanks; Hargens; Haverly; Heineman; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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

     Nays:
Gilson; Hills

     Excused:
Bradford; Elliott; Halverson

     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 6:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the election procedures for political parties.

     Was read the second time.

     Rep. Rhoden moved that SB 6, 73, 87, 103, 41, 71, 206, 108, 74, and 76 be deferred to Tuesday, February 27th, the 33rd legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1141 was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Knudson, Gray, and Nesselhuf 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 1048.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1036, 1058, 1069, 1074, 1144, and 1174 and finds the same correctly enrolled.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1036: FOR AN ACT ENTITLED, An Act to  make an appropriation to reimburse certain school districts for consolidation incentives.

     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.

     HB 1069: FOR AN ACT ENTITLED, An Act to  increase liquidated court costs and revise how they are allocated.

     HB 1074: FOR AN ACT ENTITLED, An Act to  make an appropriation for the support of the state fair.

     HB 1144: FOR AN ACT ENTITLED, An Act to  limit the transfer of contested Public Utilities Commission cases to the Office of Hearing Examiners.

     HB 1174: FOR AN ACT ENTITLED, An Act to  increase the maximum amount for which used motor vehicles may be sold or transferred to be exempt from excise tax.

     SB 9: FOR AN ACT ENTITLED, An Act to  require water pollution control permits for certain concentrated animal feeding operations.

     SB 33: FOR AN ACT ENTITLED, An Act to  revise certain kindergarten enrollment requirements and repeal the nursery school age requirement.

     SB 52: FOR AN ACT ENTITLED, An Act to  make an appropriation for the purchase of certain property in Brookings County from the Department of Transportation and to declare an emergency.

     SB 60: FOR AN ACT ENTITLED, An Act to  authorize the purchase of certain improved real property in Pierre and to make an appropriation therefor.

     SB 67: FOR AN ACT ENTITLED, An Act to  repeal certain provisions related to distribution of funds to school districts based on adequate yearly progress.

     SB 68: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the use of the state institute fund by the Department of Education.

     SB 86: FOR AN ACT ENTITLED, An Act to  require the Bureau of Finance and Management to designate pay periods for state payroll systems.

     SB 90: FOR AN ACT ENTITLED, An Act to  revise the composition of the Commission on Uniform Legislation.

     SB 186: FOR AN ACT ENTITLED, An Act to  revise the definition of long-term care insurance.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:53 p.m. the House adjourned.

Karen Gerdes, Chief Clerk