JOURNAL OF THE HOUSE

SEVENTY-NINTH SESSION  




SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 22, 2004

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

     The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of Allegiance led by House page Jennifer Miller.

     Roll Call: All members present except Reps. Garnos, Koistinen, Putnam, and Williamson 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 sixth 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 and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1064 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1005 and returns the same with the recommendation that said bill be amended as follows:

1005fd
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 7-21-18.1 be amended to read as follows:

     7-21-18.1.   The total unobligated balance of all funds the general fund may not exceed forty percent of the total amount of all general fund appropriations contained in the budget for the next fiscal year. The total unobligated balance of the general fund of the county as of March thirty-first and September thirtieth shall be published in the minutes of the proceedings of the board of county commissioners. "

1005fg
     Delete the previous amendment (1005fd).

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

"      Section 1. That § 7-21-18.1 be amended to read as follows:

     7-21-18.1.   The total unobligated unreserved fund balance of all funds the general fund may not exceed forty percent of the total amount of all general fund appropriations contained in the budget for the next fiscal year. The total unreserved fund balance of the general fund of the county as of March thirty-first and September thirtieth shall be published in the minutes of the proceedings of the board of county commissioners and reported to the Department of Legislative Audit. The report shall be on forms prescribed by the Department of Legislative Audit. "


1005ftg
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "require counties to determine the unreserved general fund balance at certain times of the fiscal year and to publish and report this information.".


     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Respectfully submitted,
Hal Wick, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1014 and 1057 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1059 and returns the same with the recommendation that said bill be amended as follows:

1059ta
     On page 1, line 8 of the printed bill, after " secretary of " overstrike " the " .

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

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

1060ta
     On page 1, line 11 of the printed bill, delete " dependant " and insert " dependent ".

1060tta
     On page 1, line 1 of the printed bill, delete " dependant " and insert "dependent".

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

Respectfully submitted,
Jim Lintz, Chair


Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1105 and returns the same with the recommendation that said bill be amended as follows:

1105fa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 35-4-11.4 be amended to read as follows:

     35-4-11.4.   Any municipality or county may issue a special malt beverage retailers' license and , a special retail on-sale wine dealers' license , and a special on-sale license, notwithstanding the provisions of § §  35-4-11, 35-4-11.1, and 35-4-10, to any civic, charitable, educational, or fraternal organization in conjunction with a special event within the municipality or within the county. Educational does not include any elementary, secondary, or higher educational institution in the public school system of this state. No public hearing is required for the issuance of a license pursuant to this section if the individual applying for the license holds an alcoholic beverage license in the municipality or county and holds an operating agreement for a municipal alcoholic beverage license. Any license issued pursuant to this section may be issued for a period of time established by the municipal governing body or board of county commissioners. However, such period may not exceed fifteen consecutive days. If an organization receiving a license pursuant to this section conducts a street dance in conjunction with the special event, the organization shall provide qualified security personnel as deemed necessary by the governing body which issued the license to maintain order during the street dance.

     Section 2. That § 35-4-11.5 be amended to read as follows:

     35-4-11.5.   Any license issued pursuant to §   35-4-11.4 shall be issued to the organization and location specified on the application. Notwithstanding subdivisions 35-4-2(12) 35-4-2(4), (6), (12), and (16), the governing body or the board of county commissioners, as appropriate, shall determine the fee for this license, which may not exceed fifty dollars per day. Each application shall be accompanied by the fee prior to consideration by the governing body or board of county commissioners. Notwithstanding §   35-5-21.1, the fee provided for in this section shall be retained by the governing body or board of county commissioners issuing the license. "


1105fb
     Amend the previously adopted amendment (1105fa) as follows:

    On line 3 of Section 1, delete " 35-4-10 " and insert " 35-4-19 ".

    On line 8 of Section 1, delete " and " and insert " or ".



     And that as so amended said bill do pass.

Respectfully submitted,
Casey Murschel, Vice Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1050 and returns the same with the recommendation that said bill be amended as follows:

1050ja
     On page 2 of the printed bill, delete lines 23 and 24 , and insert:

"

             (14)    Not trustworthy or not of good character as to morals or integrity .".

     And that as so amended 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 HB 1099 and returns the same with the recommendation that said bill be amended as follows:

1099ja
     On page 1, line 8 of the printed bill, after " of the " insert "occurrence of the".

     On page 1 , line 15, after " of the " insert "occurrence of the".

     And that as so amended 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 HB 1093 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair


Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1089 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1032, 1035, and 1037 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1033, 1034, 1036, 1038, 1039, and 1040 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Matthew Michels, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 4, 7, 8, 27, 35, 44, 50, and 58 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1001   Introduced by:  Representatives Kraus, Adelstein, Buckingham, Cutler, Davis, Garnos, Hunhoff, Juhnke, LaRue, Madsen, McCaulley, McCoy, Novstrup, Pederson (Gordon), Peterson (Bill), Rave, Schafer, Smidt, Teupel, Van Etten, Van Gerpen, Weems, and Wick and Senators LaPointe, Apa, Bogue, Greenfield, Ham-Burr, Jaspers, Kelly, Koskan, McCracken, Napoli, and Schoenbeck


         A CONCURRENT RESOLUTION,  Requesting the Congressional Delegation of the State of South Dakota to work to abolish the death tax permanently.

     WHEREAS,  under tax relief legislation passed in 2001, the death tax was temporarily phased out but not permanently eliminated; and

     WHEREAS,  over eighty percent of South Dakotans voted in the 2000 election to repeal our state inheritance tax; and

     WHEREAS,  the federal death tax is particularly punishing to South Dakota family farms and ranches; and

     WHEREAS,  farmers and other small business owners will face losing their farms and businesses if the federal government resumes the heavy taxation of citizens at death; and

     WHEREAS,  this is a tax that is particularly damaging to families who are working their way up the ladder and trying to accumulate wealth for the first time; and

     WHEREAS,  employees suffer layoffs when small and medium businesses are liquidated to pay death taxes; and

     WHEREAS,  if the death tax had been repealed in 1996, the United States economy would have realized billions of dollars each year extra output and an average of 145,000 additional new jobs would have been created; and

     WHEREAS,  having repeatedly passed in the United States House of Representatives and Senate, repeal of the death tax holds wide bipartisan support:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature requests our elected Representative and Senators in the United States Congress support, work to pass, and vote for, the immediate and permanent repeal of the death tax.

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

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 12:00 p.m., on Friday, January 23rd, the 8th legislative day.

     Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Bill Peterson moved that the reports of the Standing Committees on

     Education on HB 1003 as found on pages 118 and 119 of the House Journal ; also

     Judiciary on HB 1055 as found on page 119 of the House Journal ; also

     Transportation on HB 1044 as found on pages 140 and 141 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1145   Introduced by:  Representatives Dykstra, Haverly, McCaulley, and Van Gerpen and Senators Dempster, Duenwald, Kelly, Knudson, Koskan, and Symens

       FOR AN ACT ENTITLED, An Act to   establish the South Dakota entrepreneur support subfund and to provide for its funding and disbursement.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1146   Introduced by:  Representatives Weems, Konold, LaRue, and Peterson (Jim) and Senators Olson (Ed), Kelly, Knudson, and Koskan

       FOR AN ACT ENTITLED, An Act to   authorize the issuance of metal plates with a special designation to a licensed vehicle dealer to enable commercial use of a vehicle under certain conditions.

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

     HB 1147   Introduced by:  Representatives Rounds, Bartling, Bradford, Christensen, Deadrick (Thomas), Garnos, Hackl, Hennies, Michels, Olson (Ryan), Rhoden, Schafer, Sebert, Solum, Thompson, Weems, Wick, and Williamson and Senators Duenwald, Abdallah, Diedrich (Larry), Knudson, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   allow certain National Guard and armed forces reserve members to obtain resident hunting and fishing licenses.

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



     HB 1148   Introduced by:  Representatives Michels, Madsen, McCaulley, Peterson (Bill), and Teupel and Senators Bogue, Koskan, and McCracken

       FOR AN ACT ENTITLED, An Act to   repeal the statutory authority relating to public dance halls.

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

     HB 1149   Introduced by:  Representatives Michels, Madsen, McCaulley, Peterson (Bill), and Teupel and Senators Bogue, Koskan, and McCracken

       FOR AN ACT ENTITLED, An Act to   repeal the statutory authority relating to district community centers.

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

     HB 1150   Introduced by:  Representatives Hennies, Bartling, Bradford, Burg, Elliott, Engels, Gassman, Gillespie, Hanson, Hargens, Kroger, Lange, LaRue, McCoy, McLaughlin, Miles, Murschel, Nesselhuf, Olson (Mel), Peterson (Jim), Schafer, Sigdestad, Thompson, and Van Norman and Senators Schoenbeck, Kloucek, Koetzle, Kooistra, Moore, Nachtigal, Olson (Ed), Reedy, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

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

     HB 1151   Introduced by:  Representatives Buckingham, Engels, Frost, Hackl, Klaudt, Nesselhuf, Olson (Ryan), Putnam, Rhoden, Sebert, and Valandra and Senators Napoli, Greenfield, Jaspers, Koetzle, and Koskan

       FOR AN ACT ENTITLED, An Act to   authorize a motorcycle to display a blue light as part of the vehicle's rear brake light.

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

     HB 1152   Introduced by:  Representatives Konold, Adelstein, Bartling, Begalka, Bradford, Buckingham, Christensen, Cradduck, Cutler, Davis, Deadrick (Thomas), Dykstra, Elliott, Frost, Garnos, Gassman, Gillespie, Glenski, Hackl, Hanson, Hargens, Haverly, Heineman, Hennies, Hundstad, Hunhoff, Juhnke, Klaudt, Kraus, Kroger, Lange, LaRue, Lintz, Madsen, McCaulley, McCoy, McLaughlin, Michels, Miles, Murschel, Novstrup, O'Brien, Olson (Mel), Olson (Ryan), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Rave, Rounds, Schafer, Sebert, Sigdestad, Smidt, Solum, Teupel, Thompson, Valandra, Van Etten, Van Gerpen, Van Norman, Weems, and Wick and Senators Apa, Abdallah, Albers, Bogue, Brown, de Hueck, Dempster,

Dennert, Diedrich (Larry), Duenwald, Duniphan, Duxbury, Earley, Greenfield, Ham-Burr, Jaspers, Kelly, Kleven, Kloucek, Knudson, Koetzle, Koskan, LaPointe, McCracken, Moore, Nachtigal, Napoli, Olson (Ed), Reedy, Schoenbeck, Sutton (Dan), Sutton (Duane), Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   authorize the South Dakota Building Authority, the Office of the Attorney General, and the Department of Public Safety to contract for the construction of a law enforcement training academy, a criminal forensic laboratory, and a criminal justice and emergency operations center building in Pierre, to make an appropriation therefor, and to declare an emergency.

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

     HB 1153   Introduced by:  Representatives Peterson (Bill), Madsen, Michels, and Olson (Mel) and Senators Bogue, Brown, and Moore

       FOR AN ACT ENTITLED, An Act to   create a constitutional revision commission to make a comprehensive study of the legislative article and to consider and recommend legislation for the improvement of the legislative article.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1154   Introduced by:  Representatives Peterson (Bill) and Lange and Senators Kooistra and Koetzle

       FOR AN ACT ENTITLED, An Act to   require certain recipients of child support payments to make an annual expenditure report of those payments.

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

     HB 1155   Introduced by:  Representatives Peterson (Bill), Hunhoff, Madsen, Michels, Olson (Mel), Rhoden, and Teupel and Senators Bogue and McCracken

       FOR AN ACT ENTITLED, An Act to   appropriate money to enhance education in the state.

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

     HB 1156   Introduced by:  Representatives Juhnke, Bartling, Deadrick (Thomas), and Garnos and Senators Koskan and Nachtigal

       FOR AN ACT ENTITLED, An Act to   restrict the authority of the Transportation Commission regarding the mowing of certain ditches on the state trunk highway system.


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

     HB 1157   Introduced by:  Representatives Cutler, Madsen, Michels, and O'Brien and Senators Bogue, Earley, McCracken, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide a limitation of lender environmental liability for cleanup and remediation costs.

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

     HB 1158   Introduced by:  Representatives Cutler, Cradduck, Garnos, Gillespie, Hennies, Michels, Murschel, Rounds, Schafer, and Van Gerpen and Senators Sutton (Dan), Abdallah, Albers, Duniphan, Earley, Ham-Burr, Moore, and Vitter

       FOR AN ACT ENTITLED, An Act to   prohibit the taking of certain pictures of another without that person's consent.

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

     HB 1159   Introduced by:  Representatives Cutler, Begalka, Deadrick (Thomas), Garnos, Hackl, Haverly, Konold, Kraus, Thompson, and Weems and Senators Schoenbeck, Dempster, Moore, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   prohibit certain persons from providing care and supervision for children in child welfare agencies, registered family day care homes, and unregistered family day care homes.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1160   Introduced by:  Representatives Juhnke, Garnos, Lintz, and Rhoden and Senator Duenwald

       FOR AN ACT ENTITLED, An Act to   establish a pilot program for the issuance of transferable landowner big game hunting licenses.

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

     HB 1161   Introduced by:  Representative Juhnke and Senator Duenwald

       FOR AN ACT ENTITLED, An Act to   prohibit certain practices associated with unarmed retrieval of small game and to establish a penalty.


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

     HB 1162   Introduced by:  Representative Hundstad and Senator Dennert

       FOR AN ACT ENTITLED, An Act to   establish a four-day school week that school districts must follow in order to receive state aid to education.

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

     HB 1163   Introduced by:  Representatives Thompson, Bartling, Bradford, Christensen, Elliott, Engels, Garnos, Gassman, Gillespie, Haverly, Hennies, Kraus, McCoy, Murschel, O'Brien, Schafer, and Williamson and Senators Dempster, Knudson, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   increase the length of time for which nationally certified teachers receive stipends.

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

     HB 1164   Introduced by:  Representative Thompson and Senator Knudson

       FOR AN ACT ENTITLED, An Act to   adjust the period of time during which the use of motor vehicle lamps is required.

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

     HB 1165   Introduced by:  Representatives Glenski, Engels, Hunhoff, Kraus, McCoy, Schafer, Smidt, Solum, and Van Gerpen and Senators Dempster and Kleven

       FOR AN ACT ENTITLED, An Act to   allow certain facilities and hospice programs to redispense certain pharmaceutical drugs under certain circumstances.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1166   Introduced by:  Representatives Glenski, Cradduck, Gassman, McCoy, McLaughlin, Murschel, Rounds, Smidt, and Van Gerpen and Senators Earley and Abdallah

       FOR AN ACT ENTITLED, An Act to   require damage disclosure statements for certain large boats.

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


     HB 1167   Introduced by:  Representatives Bartling, Burg, and Rhoden and Senators Duxbury and Nachtigal

       FOR AN ACT ENTITLED, An Act to   specify the residence of the members of the brand board.

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

     HB 1168   Introduced by:  Representatives Bartling, Burg, and Gillespie and Senators Koetzle, de Hueck, and Nachtigal

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the employment, term of office, and termination of county highway superintendents.

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

     HB 1169   Introduced by:  Representatives Adelstein, Begalka, Frost, Hennies, LaRue, McLaughlin, Van Etten, and Van Gerpen and Senators Kooistra, Brown, de Hueck, Dempster, Ham-Burr, Kleven, Koskan, and Symens

       FOR AN ACT ENTITLED, An Act to   increase the tax on alcoholic beverages and to revise the distribution of revenue.

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

     HB 1170   Introduced by:  Representatives Adelstein, Begalka, Elliott, Konold, Kraus, Novstrup, Rave, and Van Etten and Senator Knudson

       FOR AN ACT ENTITLED, An Act to   repeal the video lottery and to replace the revenue with an increase in the sales and use tax.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1171   Introduced by:  Representative Adelstein and Senator McCracken

       FOR AN ACT ENTITLED, An Act to   provide that certain trademarks and service marks may not be registered under certain circumstances.

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


     HB 1172   Introduced by:  Representatives Smidt, Adelstein, Cradduck, Glenski, Konold, Rounds, Sebert, Van Gerpen, Wick, and Williamson and Senators Brown, Bogue, Dennert, Diedrich (Larry), Duniphan, Jaspers, and Kleven

       FOR AN ACT ENTITLED, An Act to   expand eligibility for veterans benefits and children of veterans.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1173   Introduced by:  Representatives Smidt, Begalka, Burg, Cradduck, Dykstra, Frost, Glenski, Konold, Sebert, Teupel, Van Gerpen, and Wick and Senators Dennert, Brown, Greenfield, and Jaspers

       FOR AN ACT ENTITLED, An Act to   appropriate money for secondary career and technical education.

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

     HB 1174   Introduced by:  Representatives Peterson (Bill), Madsen, and Olson (Mel) and Senators Schoenbeck, de Hueck, Greenfield, Kloucek, Moore, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding public records kept by state agencies.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1175   Introduced by:  Representatives Madsen, Cutler, Haverly, Michels, and O'Brien and Senators Earley, Bogue, McCracken, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   establish the brownfields economic development program and to provide for the continuous appropriation of certain federal funds.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1176   Introduced by:  Representatives Madsen, Gillespie, McCaulley, Michels, and Weems and Senators Albers and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise the definition of criminal pedophilia.

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


     HB 1177   Introduced by:  Representatives Kraus, Haverly, Hunhoff, McCaulley, Nesselhuf, Novstrup, O'Brien, Smidt, and Van Etten and Senators Dempster, Brown, Kelly, Knudson, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions prohibiting certain government purchases.

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

     HB 1178   Introduced by:  Representatives Hunhoff, Buckingham, Cutler, Elliott, Kroger, LaRue, McCoy, McLaughlin, and Weems and Senators Knudson, de Hueck, Dempster, Duniphan, Koetzle, Olson (Ed), and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   appropriate money to the Department of Education for distribution to school districts and to declare an emergency.

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

     HB 1179   Introduced by:  Representatives Hunhoff, Frost, Hennies, McCoy, and Van Etten and Senators Olson (Ed), Albers, Duniphan, Ham-Burr, Kloucek, and Reedy

       FOR AN ACT ENTITLED, An Act to   provide for the regulation of pharmacy technicians.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1180   Introduced by:  Representatives Rhoden, Adelstein, Bartling, Begalka, Burg, Deadrick (Thomas), Dykstra, Elliott, Engels, Gassman, Hackl, Hargens, Haverly, Klaudt, Lange, Olson (Ryan), Peterson (Jim), Sebert, and Teupel and Senators Duenwald, Apa, Dennert, Greenfield, Moore, Sutton (Dan), Sutton (Duane), and Symens

       FOR AN ACT ENTITLED, An Act to   exempt the gross receipts of certain transportation services from sales and use tax.

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

     HB 1181   Introduced by:  Representatives Van Etten, Glenski, Heineman, Kraus, LaRue, McLaughlin, Novstrup, and Weems and Senators Kooistra, Abdallah, Dempster, Duniphan, Ham-Burr, and Kleven

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the accreditation of nonpublic schools.

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



     HB 1182   Introduced by:  Representatives Schafer, Hennies, Kraus, McLaughlin, Nesselhuf, Rave, Rounds, Sebert, Solum, and Teupel and Senators Vitter, Albers, Duniphan, Kelly, Kooistra, Nachtigal, Olson (Ed), Reedy, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the use of general occupation tax revenue.

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

     HB 1183   Introduced by:  Representatives Novstrup, Kraus, LaRue, McCaulley, Rhoden, and Weems and Senator Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   provide the temporary replacement of any elected official incapacitated by illness or accident.

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

     HB 1184   Introduced by:  Representatives Novstrup, Elliott, Hackl, Kraus, LaRue, McCaulley, Rhoden, and Weems and Senators Dennert and Kelly

       FOR AN ACT ENTITLED, An Act to   authorize a payor to make a deduction for transmitting an amount of an obligor's income pursuant to a child support order for withholding.

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

     HB 1185   Introduced by:  Representatives Novstrup, Davis, Elliott, Hackl, Kraus, LaRue, McCaulley, Rhoden, and Solum and Senators Duenwald, Dennert, Kelly, Kooistra, Koskan, Schoenbeck, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise the definition of misconduct for purposes of denying unemployment benefits.

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

     HB 1186   Introduced by:  Representatives Konold and Solum and Senator Schoenbeck

       FOR AN ACT ENTITLED, An Act to   allow first responder decals to be placed on specialty license plates.

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


     HB 1187   Introduced by:  Representatives Konold, Frost, and Novstrup and Senators Dennert, Brown, and McCracken

       FOR AN ACT ENTITLED, An Act to   increase the percentage thresholds used to classify nonagricultural acreages and to determine what property sales may be used in sales ratio studies.

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

     HB 1188   Introduced by:  Representatives Konold, Bartling, Cradduck, Heineman, Lange, Michels, Smidt, and Williamson and Senators Olson (Ed), Brown, Dempster, Dennert, Greenfield, Koetzle, and McCracken at the request of the Executive Board of the Legislative Research Council

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the franchises of dealers in vehicles, implements, and equipment.

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

     HB 1189   Introduced by:  Representatives Deadrick (Thomas), Christensen, Frost, Hunhoff, and Miles and Senators Brown, Albers, Ham-Burr, Reedy, and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding orders for dental laboratory work.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1190   Introduced by:  Representatives Deadrick (Thomas), Bartling, Christensen, Cutler, Engels, Gillespie, Heineman, Hennies, Juhnke, Klaudt, Lintz, McCaulley, Peterson (Bill), Peterson (Jim), Rhoden, Schafer, and Van Gerpen and Senators Schoenbeck, Bogue, de Hueck, and Diedrich (Larry)

       FOR AN ACT ENTITLED, An Act to   provide for public notice and comment on applicants for judicial nomination by the Judicial Qualifications Commission.

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

     HB 1191   Introduced by:  Representatives McCaulley, Bartling, Begalka, Christensen, Davis, Deadrick (Thomas), Dykstra, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Hackl, Hanson, Haverly, Heineman, Hennies, Hunhoff, Juhnke, Klaudt, Koistinen, Konold, Kraus, Lange, Lintz, Madsen, McCoy, Michels, Miles, Novstrup, Olson (Ryan), Peterson (Bill), Peterson (Jim), Rave, Rhoden, Rounds, Schafer, Sebert, Smidt, Solum, Teupel, Van Etten, Van Gerpen, Weems, Wick, and Williamson and Senators Schoenbeck, Abdallah, Albers, Apa,

Bogue, Earley, Greenfield, Jaspers, Kelly, Kleven, Kloucek, Koetzle, Koskan, McCracken, Moore, Napoli, Sutton (Duane), and Vitter

       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, and to prescribe a penalty therefor.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1192   Introduced by:  Representatives Lintz, Rave, Rhoden, and Sebert and Senators Vitter, Greenfield, Kleven, McCracken, and Napoli

       FOR AN ACT ENTITLED, An Act to   revise the total amount of revenue payable to rural fire protection districts from taxes on real property.

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

     HB 1193   Introduced by:  Representatives Lintz and Pederson (Gordon) and Senator Vitter

       FOR AN ACT ENTITLED, An Act to   permit townships to own and operate water supply systems.

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

     HB 1194   Introduced by:  Representatives Lintz, Burg, Deadrick (Thomas), Gassman, Hanson, Hargens, Hundstad, Juhnke, Olson (Mel), Olson (Ryan), Pederson (Gordon), Peterson (Jim), Sigdestad, and Teupel and Senators Duenwald, Bogue, Koskan, and Symens

       FOR AN ACT ENTITLED, An Act to   limit the terms of certain conservation easements.

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

     HB 1195   Introduced by:  Representatives Peterson (Jim) and Begalka and Senator Diedrich (Larry)

       FOR AN ACT ENTITLED, An Act to   revise the method used to value agricultural property.

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


     HB 1196   Introduced by:  Representatives Weems, Pederson (Gordon), Peterson (Jim), and Rounds and Senators Napoli, Abdallah, and Moore

       FOR AN ACT ENTITLED, An Act to   require certain auction agencies to disclose damage statements or damage notations listed on the title.

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

     HB 1197   Introduced by:  Representatives Hargens, Bartling, Burg, Elliott, Engels, Garnos, Gassman, Glenski, Hanson, Hundstad, Juhnke, Kroger, Lange, Lintz, Miles, Olson (Ryan), Peterson (Jim), Rhoden, Sigdestad, Thompson, and Van Norman and Senators Duenwald, Dennert, Ham-Burr, Kleven, Koetzle, Koskan, Moore, and Symens

       FOR AN ACT ENTITLED, An Act to   establish the Game, Fish and Parks Legislative Oversight Committee.

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

     HB 1198   Introduced by:  Representatives Cradduck, Cutler, Elliott, Kraus, Kroger, LaRue, Madsen, McCaulley, and Wick and Senators de Hueck, Albers, Earley, Knudson, Koetzle, McCracken, Moore, Olson (Ed), Schoenbeck, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding teacher contract termination and nonrenewal.

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

     HB 1199   Introduced by:  Representatives Cradduck, Christensen, Frost, Hunhoff, and Miles and Senators Olson (Ed), Albers, Ham-Burr, Reedy, Schoenbeck, and Symens

       FOR AN ACT ENTITLED, An Act to   exempt certain nonprofit organizations providing dental care from dental licensure requirements.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1200   Introduced by:  Representative Williamson and Senator Ham-Burr

       FOR AN ACT ENTITLED, An Act to   authorize the inclusion of certain National Guard members in the public employee health insurance plan.

     Was read the first time and referred to the Committee on State Affairs.


     HB 1201   Introduced by:  Representatives Williamson and Murschel and Senator Kelly

       FOR AN ACT ENTITLED, An Act to   authorize the issuance of revenue bonds to finance certain water pipelines or aqueducts.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1202   Introduced by:  Representatives Peterson (Bill) and Olson (Mel) and Senators Brown, Bogue, Ham-Burr, and Moore

       FOR AN ACT ENTITLED, An Act to   create a task force to study state and local government.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1203   Introduced by:  Representatives O'Brien, Haverly, Hennies, Kraus, McCaulley, Michels, Murschel, Sebert, and Smidt and Senators Abdallah, Bogue, Brown, de Hueck, Diedrich (Larry), Duniphan, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding threats upon law enforcement officers and their families.

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

     HB 1204   Introduced by:  Representatives Michels and Hunhoff and Senator Moore

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

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

     HB 1205   Introduced by:  Representatives Adelstein, Cutler, and Murschel and Senators Ham-Burr and Dempster

       FOR AN ACT ENTITLED, An Act to   provide for emergency contraception at the election of certain sexual assault victims.

     Was read the first time and referred to the Committee on Health and Human Services.


     HB 1206   Introduced by:  Representatives Davis, Christensen, Fryslie, Hackl, Klaudt, Konold, McCaulley, Novstrup, Olson (Ryan), Rave, Rhoden, and Rounds and Senators Duenwald, Greenfield, and Koskan

       FOR AN ACT ENTITLED, An Act to   reduce the minimum hunting age.

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

     HB 1207   Introduced by:  Representatives Cutler, Gillespie, LaRue, Madsen, and Michels and Senators de Hueck, Albers, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   provide that any judgment of conviction indicate whether the charge involves domestic abuse.

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

     HB 1208   Introduced by:  Representatives Hanson, Bartling, Frost, Hargens, Hundstad, LaRue, Novstrup, and Van Gerpen and Senators Duenwald, Brown, Dennert, Koskan, and Symens

       FOR AN ACT ENTITLED, An Act to   revise the time period that property classified as nonagricultural acreage shall remain classified as nonagricultural acreage and to provide for the reclassification of certain nonagricultural acreage.

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

     HB 1209   Introduced by:  Representative Solum

       FOR AN ACT ENTITLED, An Act to   revise the expense allowances of legislators.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1210   Introduced by:  Representatives Valandra, Bradford, and Van Norman and Senators Napoli, Greenfield, Kloucek, and Kooistra

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the issuance of noncommercial motor vehicle license plates.

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


     HB 1211   Introduced by:  Representatives Michels, Deadrick (Thomas), Dykstra, Frost, Hanson, McCaulley, Murschel, Nesselhuf, Novstrup, and Weems and Senators Sutton (Dan) and McCracken

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the insurance guaranty association.

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

     HB 1212   Introduced by:  Representatives Engels, Bartling, Bradford, Burg, Christensen, Elliott, Gillespie, Glenski, Hargens, Kraus, Kroger, Lange, Michels, Miles, Murschel, Olson (Mel), Peterson (Jim), Sigdestad, Thompson, Van Norman, and Williamson and Senators Moore, de Hueck, Dempster, Duxbury, Knudson, Koetzle, Kooistra, Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   extend visitation rights to great-grandparents under the same circumstances as grandparents.

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

     HB 1213   Introduced by:  Representatives Engels, Bartling, Bradford, Burg, Christensen, Hargens, Hundstad, Kroger, Lange, Miles, Murschel, Olson (Mel), Peterson (Bill), Peterson (Jim), Rounds, Sigdestad, and Thompson and Senators Dempster, de Hueck, Knudson, Koetzle, Kooistra, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the list of elected officials who may fill a vacancy in the office of the Governor.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1214   Introduced by:  Representatives Weems, Begalka, Christensen, Deadrick (Thomas), Frost, Gillespie, Heineman, Kraus, Lange, LaRue, Miles, Rave, Schafer, Teupel, Van Etten, Van Gerpen, and Wick and Senators Koskan, Albers, Brown, Dempster, Duenwald, Ham-Burr, Olson (Ed), Reedy, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   require certain prenatal information to be provided when a pregnancy test has been performed and there has been a positive result.

     Was read the first time and referred to the Committee on Health and Human Services.


     HB 1215   Introduced by:  Representative Cutler and Senator Dempster

       FOR AN ACT ENTITLED, An Act to   reduce the sales and use tax on food and then exempt the purchase of food from sales and use tax when the revenue from the streamlined sales tax project reaches certain levels.

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

     HB 1216   Introduced by:  Representatives Engels, Bartling, Bradford, Burg, Christensen, Elliott, Hargens, Hundstad, Kroger, Lange, Miles, Murschel, Nesselhuf, Peterson (Jim), Rounds, Sigdestad, Thompson, and Van Norman and Senators Moore, de Hueck, Dempster, Koetzle, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide grants to certain communities for the development or enhancement of websites to promote tourism and economic development and to make an appropriation therefor.

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

     HJR 1001   Introduced by:  Representatives Peterson (Bill) and Olson (Mel) and Senators Brown, Bogue, and Moore

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article IV, section 3 of the Constitution of the State of South Dakota, establishing certain procedures for the Governor to follow when granting pardons.

     Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1024:   FOR AN ACT ENTITLED, An Act to   authorize counties to use the South Dakota grassland fire index to regulate the use of fireworks.

     Was read the second time.

     The question being "Shall HB 1024 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1072:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the authority of the Public Utilities Commission to impose civil fines.

     Was read the second time.

     The question being "Shall HB 1072 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Speaker Michels

     Nays:
Van Norman

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1015:   FOR AN ACT ENTITLED, An Act to   permit the Board of Regents to create a multi-institution bonded revenue system.

     Was read the second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Nays:
Buckingham

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1069:   FOR AN ACT ENTITLED, An Act to   designate the Bureau of Administration as the agency responsible for the review and adjustment of certain fees chargeable for legal publications.

     Was read the second time.

     The question being "Shall HB 1069 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1070:   FOR AN ACT ENTITLED, An Act to   designate the Bureau of Administration as the agency through which the attorney general may make purchases of certain equipment.

     Was read the second time.

     The question being "Shall HB 1070 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1075:   FOR AN ACT ENTITLED, An Act to   codify legislation enacted in 2003.

     Was read the second time.



     The question being "Shall HB 1075 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1087:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

     Was read the second time.

     The question being "Shall HB 1087 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson


     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 1027:   FOR AN ACT ENTITLED, An Act to   provide for the discharge of an involuntarily committed person if that person no longer meets commitment criteria.

     Was read the second time.

     The question being "Shall HB 1027 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1045:   FOR AN ACT ENTITLED, An Act to   revise the time period during which a boat license may be renewed.

     Was read the second time.

     The question being "Shall HB 1045 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1046:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the titling and registering of a vehicle by a dealer on behalf of a customer.

     Was read the second time.

     The question being "Shall HB 1046 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1061:   FOR AN ACT ENTITLED, An Act to   revise the state trunk highway system in Brown County.


     Was read the second time.

     The question being "Shall HB 1061 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson

     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 1063:   FOR AN ACT ENTITLED, An Act to   repeal the requirement for resident pilot registration.

     Was read the second time.

     The question being "Shall HB 1063 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson



     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 1023:   FOR AN ACT ENTITLED, An Act to   revise the scope of services provided by the state fire equipment shop and to authorize the shop to charge for costs incurred for rural fire assistance programs.

     Was read the second time.

1023td
     Rep. Thomas Deadrick moved that HB 1023 be amended as follows:

     On page 1, line 9 of the printed bill, after " departments " insert " or districts ".

     On page 1 , line 12, after " departments " insert " or districts ".

     On page 1 , line 14, after " departments " insert " or districts ".

     On page 2 , line 7, after " departments " insert " or districts ".

     On page 2 , line 9, after " departments " insert " or districts ".

     Which motion prevailed and HB 1023 was so amended.

     The question being "Shall HB 1023 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Excused:
Garnos; Koistinen; Putnam; Williamson



     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 4:   FOR AN ACT ENTITLED, An Act to   revise the reporting requirements for domestic nonprofit corporations.

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

     SB 7:   FOR AN ACT ENTITLED, An Act to   revise the tuition privileges available to members of the national guard at state universities.

     Was read the first time and referred to the Committee on State Affairs.

     SB 8:   FOR AN ACT ENTITLED, An Act to   revise the eligibility requirements for certain tuition privileges available to members of the national guard at state universities.

     Was read the first time and referred to the Committee on State Affairs.

     SB 27:   FOR AN ACT ENTITLED, An Act to   provide that certain provisions regarding the uniform administration of state taxes apply to certain civil and criminal investigations.

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

     SB 35:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for insurance producers.

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

     SB 44:   FOR AN ACT ENTITLED, An Act to   authorize agreements for utilization of highway rights-of-way by utilities and to provide for utility relocation.

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

     SB 50:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the amount of time graduating seniors may be released prior to the end of school.

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



     SB 58:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the handling of inmate accounts and property to deceased, discharged, and escaped inmates.

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

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 2:43 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

JOINT MEMORIAL SERVICE

    Pursuant to the report of the Joint-Select Committee as found on pages 96 and 97 of the House Journal, the House of Representatives and the Senate met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of nineteen former members of the South Dakota Legislature, namely: the Honorable G. Robert Bartron, the Honorable John E. Bibby, the Honorable Jarvis W. Brown, the Honorable Charles E. Donnelly, Jr., the Honorable J. F. "Fritz" Forney, the Honorable Joseph J. Foss, the Honorable Carol Ann Johnson (Hassebroek), the Honorable Donald M. Jorgensen, the Honorable Barton K. Kull, the Honorable John F. Murphy, the Honorable Donald E. Osheim, the Honorable Lem Overpeck, the Honorable Donald J. Porter, the Honorable Joel Rickenbach, the Honorable Thomas G. "Torchy" Ries, the Honorable John V. Terveen, the Honorable Menno Tschetter, the Honorable Bruce J. Walker, and the Honorable Andrew J. Wiese; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-ninth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their

labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Seventy-ninth Session of the Legislature of the State of South Dakota, now assembled this 22nd day of January, 2004, at Pierre, South Dakota.