JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



ELEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 24, 2007

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

     The prayer was offered by the Chaplain, Rev. Wes Labrier, followed by the Pledge of Allegiance led by House pages Nicole Lefers and Tony Schaefbauer.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the tenth 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 page:

        Skyler Johnson

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1105 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1117, 1119, and 1124 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1102 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 Judiciary respectfully reports that it has had under consideration HB 1016 and returns the same with the recommendation that said bill be amended as follows:

1016fd
     On page 2 of the printed bill, delete lines 2 to 4 , inclusive, and insert " No accident may be entered on the driving record of a law enforcement officer, firefighter, or emergency medical technician if such accident resulted from the law enforcement officer's, firefighter's, or emergency medical technician's response to a call of duty as a law enforcement officer, firefighter, or emergency medical technician and the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties and was driving an official vehicle. Such accident shall be recorded separately. The separate record is not available to the public, except pursuant to court order or subpoena. ".
     On page 2 , line 10, delete everything after " department. " and insert " No accident may be entered on the driving record of a law enforcement officer, firefighter, or emergency medical technician if such accident resulted from the law enforcement officer's, firefighter's, or emergency medical technician's response to a call of duty as a law enforcement officer, firefighter, or emergency medical technician and the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties and was driving an official vehicle. Such accident shall be recorded separately. The separate record is not available to the public, except pursuant to court order or subpoena. ".

     On page 2 , delete line 11 .

     On page 2 , line 12, delete " be included in the abstract. " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill be amended as follows:

1073rb
     On page 1, line 14 of the printed bill, delete " shall " and insert " may ".

     And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  23 and 24 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1084 and SB 22 and 58 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1100 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 7, 53, 55, 57, and 81 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1014 which has passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     SCR 1:   A CONCURRENT RESOLUTION,   Expressing the Legislature's support and hope for a full recovery for United States Senator Tim Johnson.

     Rep. Rhoden moved that SCR 1 as found on page 182 of the Senate Journal be concurred in.

     The question being on Rep. Rhoden's motion that SCR 1 be concurred in.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Taxation on HB 1080 as found on page 152 of the House Journal ; also

     Agriculture and Natural Resources on HB 1024 as found on page 153 of the House Journal ; also

     Local Government on HB 1104 as found on pages 153 and 154 of the House Journal ; also

     Local Government on HB 1111 as found on page 154 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1149   Introduced by:  Representatives Lucas, Ahlers, Bradford, DeVries, Elliott, Gassman, Gilson, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Thompson, and Weems and Senators Two Bulls, Hanson (Gary), Olson (Ed), and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   prohibit the firing of a firearm at any school building, vehicle, or premises.

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

     HB 1150   Introduced by:  Representatives Peters, Cutler, Engels, Gillespie, Krebs, Lust, Miles, Novstrup (David), Vehle, and Willadsen and Senators Hansen (Tom), Abdallah, Albers, Koetzle, and Turbak

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to deceptive trade practices.

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

     HB 1151   Introduced by:  Representatives Pederson (Gordon), Boomgarden, Buckingham, Faehn, Hackl, Hanks, Howie, Jerke, Kirkeby, Koistinen, Krebs, McLaughlin, Olson (Betty), Rounds, Steele, Turbiville, Vehle, and Willadsen and Senators Nesselhuf, Albers, Garnos, Hanson (Gary), Kloucek, Lintz, McNenny, Olson (Ed), and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   exempt the sale of coins, currency, and bullion from sales and use taxes.

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

     HB 1152   Introduced by:  Representatives Cutler, Buckingham, Burg, Dennert, Gillespie, Miles, Peters, and Rave and Senators Gray, Abdallah, Albers, Dempster, Maher, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise the procedures for due process regarding the central registry for abuse and neglect.

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

     HB 1153   Introduced by:  Representatives Cutler, Gilson, Miles, Novstrup (David), Olson (Russell), Rave, and Rounds and Senators Dempster, Abdallah, Albers, Heidepriem, Maher, and Turbak

       FOR AN ACT ENTITLED, An Act to   revise certain references regarding the reunification of an abused or neglected child with a parent and regarding grounds for termination of parental rights and regarding the operation of the central registry for abuse and neglect.

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

     HB 1154   Introduced by:  Representatives Hanks, Buckingham, Dreyer, Elliott, Krebs, and Lust and Senators Olson (Ed), Gray, McCracken, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   revise the provisions concerning the addition of noncontiguous property to certain business improvement districts that have a common zoning designation.

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

     HB 1155   Introduced by:  Representatives Van Etten, Boomgarden, Heineman, Jerke, Kirkeby, Lucas, Miles, Rave, Steele, and Weems and Senators Hansen (Tom), Dempster, Gant, Maher, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning wholesale drug distributors.

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

     HB 1156   Introduced by:  Representatives Buckingham, Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Moore, Rave, Rhoden, Steele, and Turbiville and Senators Gray, Abdallah, Albers, Dempster, Hanson (Gary), Heidepriem, Knudson, McCracken, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise certain requirements concerning the pay and qualifications of petition circulators.

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

     HB 1157   Introduced by:  Representatives Lucas, Feinstein, Gassman, and Sigdestad and Senators Kloucek and Katus

       FOR AN ACT ENTITLED, An Act to   provide for the participation of independent voters in primary elections.

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

     HB 1158   Introduced by:  Representatives Cutler, Deadrick, DeVries, Dykstra, Elliott, Gillespie, Halverson, Hargens, Lust, Moore, Pederson (Gordon), Rave, Weems, and Willadsen and Senators Gant, Abdallah, Bartling, Gray, and Nesselhuf

       FOR AN ACT ENTITLED, An Act to   provide immunity for school districts in facilitating computer usage.

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

     HB 1159   Introduced by:  Representatives Dennert, Davis, Elliott, Hackl, Van Norman, and Wick and Senators Duenwald, Bartling, Jerstad, and Maher

       FOR AN ACT ENTITLED, An Act to   create the facility equity fund to provide financial assistance to certain school districts with critical capital construction needs.

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


      HB 1160   Introduced by:  Representatives Rhoden and Hargens and Senators Gray and Heidepriem

       FOR AN ACT ENTITLED, An Act to   repeal the requirement for physician involvement in the execution of a sentence of death.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 7:   FOR AN ACT ENTITLED, An Act to   establish certain fees to provide for air quality permitting, inspecting, and compliance services to ethanol production plants.

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

     SB 53:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a new engineering class/lab building for South Dakota State University and to make an appropriation therefor.

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

     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 first time and referred to the Committee on Appropriations.

     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 first time and referred to the Committee on Appropriations.

     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.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1089:   FOR AN ACT ENTITLED, An Act to   define the term, consideration, as it relates to the payment of fees for certain transfers or exchanges of real property.

     Was read the second time.

     The question being "Shall HB 1089 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
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.

     HB 1103:   FOR AN ACT ENTITLED, An Act to   revise certain requirements of vehicle and boat dealers to post damage disclosure statement notices.

     Was read the second time.

     The question being "Shall HB 1103 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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; Willadsen; Speaker Deadrick

     Excused:
Putnam; Wick

     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 1112:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the transportation of fur-bearing animals.

     Was read the second time.

     The question being "Shall HB 1112 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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

     Nays:
Bradford

     Excused:
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 12:   FOR AN ACT ENTITLED, An Act to   revise certain provisions required to obtain an instruction permit to drive.

     Was read the second time.

     The question being "Shall SB 12 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     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.

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

1058rb

     Rep. Lust moved that HB 1058 be amended as follows:

     On page 5 of the printed bill, delete lines 8 to 15 , inclusive, and insert:

"26-11A-20. The secretary of corrections may at any time order the discharge of a child from the Department of Corrections as a reward for good conduct upon satisfactory evidence of reformation. The discharge of a juvenile from the Department of Corrections as a reward for good conduct upon satisfactory evidence of reformation or for having arrived at the age of twenty-one years shall be a complete release from all penalties incurred by adjudication for the offense for which he was committed. discharge a juvenile from the Department of Corrections:


             (1)    Upon satisfactory evidence of reformation;

             (2)    As a result of a conviction for a new crime as an adult, if the juvenile is placed on probation or sentenced to the county jail or state penitentiary;

             (3)    If the juvenile lives outside the jurisdiction of the State of South Dakota and the interstate compact on juveniles is not available due to the juvenile's age or circumstances; or

             (4)    If the juvenile is on aftercare and has a suitable placement, and a discharge is determined to be in the best interests of the juvenile.

     No adjudicated juvenile may remain within the jurisdiction of the Department of Corrections beyond the age of twenty-one years. The discharge of a juvenile from the Department of Corrections constitutes a complete release from all penalties, excluding unpaid fines, fees, or restitution, incurred by adjudication for the offense for which the juvenile was committed. ".

     Which motion prevailed.

     The question being "Shall HB 1058 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

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

     Nays:
Hargens; Lucas

     Excused:
Pederson (Gordon); 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.

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

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

     The question being "Shall HB 1040 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
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.

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

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

     The question being "Shall HB 1020 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
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.

     HB 1035:   FOR AN ACT ENTITLED, An Act to   revise the required grade levels for assessment of writing skills.

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

1035cb

     Rep. Ryan Olson moved that HB 1035 be amended as follows:

     On page 1, line 9 of the House Education Committee engrossed bill, after " Education " insert ", and the department shall determine the two grade levels to be tested".

     Which motion prevailed.

     The question being "Shall HB 1035 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
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.

     HB 1037:   FOR AN ACT ENTITLED, An Act to   repeal certain health certification requirements of school employees.

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

     The question being "Shall HB 1037 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
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.

     HB 1033:   FOR AN ACT ENTITLED, An Act to   impose sanctions on schools and certified school personnel for compromising the integrity of a state-required academic achievement test.

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

1033cc

     Rep. Lucas moved that HB 1033 be amended as follows:

     On page 2 , line 4 of the House Education Committee engrossed bill, delete " school will not meet the " and insert "school's".
     On page 2 , line 5, after " § 13-3-62 " insert " will remain the same as it was in the previous school year".

     Which motion lost.

     The question being "Shall HB 1033 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 11, Excused 2, Absent 0

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

     Nays:
Burg; Dennert; Elliott; Gillespie; Glenski; Hargens; Miles; Moore; Nygaard; Street; Van Norman

     Excused:
Cutler; 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.

     HB 1077:   FOR AN ACT ENTITLED, An Act to   impose a tax on the net revenues of intermediate care facilities for the mentally retarded.

     Was read the second time.

     The question being "Shall HB 1077 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 18, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Burg; Carson; Davis; Dreyer; Faehn; Gilson; Glenski; Hackl; Halverson; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Buckingham; Dennert; DeVries; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Hanks; Hargens; Koistinen; Moore; Olson (Betty); Peters; Van Norman

     Excused:
Cutler; Putnam

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

     HB 1019:   FOR AN ACT ENTITLED, An Act to   create and provide for the rodent control fund and to validate the Department of Agriculture's authority to sell rodent control products.

     Was read the second time.

     Rep. Jerke moved that HB 1019 be deferred to Monday, January 29th, the 14th legislative day.

     Which motion prevailed.

     HB 1021:   FOR AN ACT ENTITLED, An Act to   add additional species to those which may be hunted without a license by residents on their own land.

     Was read the second time.

     The question being "Shall HB 1021 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
Cutler; 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.

     HB 1022:   FOR AN ACT ENTITLED, An Act to   revise the definition of bait.

     Was read the second time.

     The question being "Shall HB 1022 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
Cutler; 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.

     HB 1023:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the definition of big game and the possession, transportation, and sale of big game meat and animal parts.

     Was read the second time.

     The question being "Shall HB 1023 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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:
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.

     HB 1039:   FOR AN ACT ENTITLED, An Act to   increase certain fees relating to the Board of Barber Examiners.

     Was read the second time.

     The question being "Shall HB 1039 pass?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Hargens; Moore

     Excused:
Putnam

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

     HB 1110:   FOR AN ACT ENTITLED, An Act to   increase the fines for certain violations of local ordinances.

     Was read the second time.

     The question being "Shall HB 1110 pass?"

     And the roll being called:

     Yeas 46, Nays 24, Excused 0, Absent 0

     Yeas:
Ahlers; Buckingham; Burg; Carson; Davis; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gilson; Glenski; Hackl; Halverson; Hanks; Heineman; Hills; Howie; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Olson (Betty); Olson (Russell); Olson (Ryan); Pitts; Putnam; Rausch; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen

     Nays:
Boomgarden; Bradford; Brunner; Cutler; Dennert; DeVries; Gassman; Gillespie; Hargens; Haverly; Hunt; Koistinen; Moore; Novstrup (Al); Novstrup (David); Nygaard; Pederson (Gordon); Peters; Rave; Rhoden; Rounds; Turbiville; Van Norman; Speaker Deadrick

     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. Rhoden moved that SB 49, 66, 26, 27, 28, and 29 be deferred to Thursday, January 25th, the 12th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1014 and finds the same correctly enrolled.

Respectfully submitted,
Thomas Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1014: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding the Bureau of Administration's evaluation of costs of projects in the facility construction plan, the submission of proposed capital improvements, the responsibility to request legislative appropriations for facility construction, and the funding of emergency capital improvement projects.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1001   Introduced by:  Representatives Thompson, Ahlers, Cutler, Engels, Feinstein, Gassman, Hunt, Krebs, Peters, Weems, and Willadsen and Senators Heidepriem, Dempster, Gant, Jerstad, Knudson, and Koetzle

         A LEGISLATIVE COMMEMORATION,  Recognizing and commending Augustana College for its efforts to promote the study of peace and to promote the proliferation of peace in our world.
     WHEREAS,  Augustana College is hosting the Nobel Peace Prize Forum on March 9-10, 2007, with Nobel Laureates, Dr. Mohamed ElBaradei, and the International Atomic Energy Associate as invited participants; and

     WHEREAS,  the Augustana College Student Association has dedicated the spring term of 2007 as the Semester of Peace; and

     WHEREAS,  Augustana College is kicking off the Semester of Peace by hosting Former Vice President, Albert Gore, on Tuesday, January 23, 2007, and culminating the Semester of Peace by hosting Dr. Maya Angelou on Friday, May 11, 2007:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Augustana College be applauded for its outstanding efforts this year in the study and proliferation of peace.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:38 p.m. the House adjourned.

Karen Gerdes, Chief Clerk