JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




SIXTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 31, 2007

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

     The prayer was offered by the Chaplain, Rev. Robert Ruedebusch, followed by the Pledge of Allegiance led by House page Skyler Johnson.

     Roll Call: All members present except Reps. Juhnke and Vanneman 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 fifteenth 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.
COMMUNICATIONS AND PETITIONS


January 31, 2007

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on January 30, 2007, I approved House Bills 1003, 1007, 1014, 1042, 1043, 1049, and 1055, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1068, 1147, and 1196 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  1120 and 1173 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1144, 1150, and 1180 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1162 and tabled the same.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1047 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1011 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 87 and 118 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that the House do concur in Senate amendments to HB 1013.

     The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1013.

     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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke; Vanneman

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

     Rep. Pederson moved that the House do concur in Senate amendments to HB 1081.

     The question being on Rep. Pederson's motion that the House do concur in Senate amendments to HB 1081.

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Elliott; Gillespie; Hargens

     Excused:
Juhnke; Vanneman

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


CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Rhoden moved that the report of the Standing Committee on

     Taxation on HB 1131 as found on pages 256 and 257 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

HONORED GUESTS


     Rep. Rhoden introduced the 2005-2006 Outstanding School Administrators of South Dakota: James Heinert, Sturgis, School Superintendent; John Wellhouse, Pierre, School Business Official; Kevin Nelson, Beresford, Elementary School Principal; Leroy Fugitt, Pierre, Secondary School Principal; Mark Naugle, Hill City, Middle School Principal; Grace Christianson, Lennox, Curriculum Director; and Larry Furney, Hayti, Director of Special Education.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1289   Introduced by:  Representative DeVries and Senator Maher

       FOR AN ACT ENTITLED, An Act to   prohibit the negligent kindling of certain fires, to impose financial liability for causing certain fires, and to provide penalties therefor.

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

     HB 1290   Introduced by:  The Committee on Education at the request of the Office of the Governor

       FOR AN ACT ENTITLED, An Act to   provide for an Office of Indian Education and an Indian Education Advisory Council and to establish certain provisions to enhance Indian education in the state.

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

     HB 1291   Introduced by:  The Committee on Education at the request of the Office of the Governor

       FOR AN ACT ENTITLED, An Act to   create a teacher compensation assistance program.

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



     HB 1292   Introduced by:  Representatives Bradford, Burg, Elliott, Lucas, Moore, Sigdestad, Thompson, and Van Norman and Senators Two Bulls, Bartling, Katus, Kloucek, Maher, and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding tax collection agreements with Indian tribes.

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

     HB 1293   Introduced by:  Representatives DeVries, Gilson, Glenski, Heineman, Howie, Hunt, Jerke, Koistinen, Miles, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Steele, Van Etten, Weems, and Wick and Senators Apa, Kloucek, Maher, Napoli, Peterson (Jim), Schmidt (Dennis), and Smidt (Orville)

       FOR AN ACT ENTITLED, An Act to   regulate the performance of certain abortions, to reinstate the prohibition against certain acts causing the termination of the life of an unborn human being, and to prescribe a penalty therefor.

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

     HB 1294   Introduced by:  Representatives Faehn, Dykstra, Koistinen, Noem, and Wick and Senators Greenfield, Abdallah, Garnos, Jerstad, Koetzle, Napoli, Schmidt (Dennis), and Turbak

       FOR AN ACT ENTITLED, An Act to   establish criteria regarding the construction and sale of certain homes by a state agency or the South Dakota Housing Development Authority.

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

     HB 1295   Introduced by:  Representatives Dennert, Sigdestad, and Street

       FOR AN ACT ENTITLED, An Act to   enact the agreement among the states to elect the president by national popular vote.

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

     HB 1296   Introduced by:  Representatives Hunt, Glenski, Heineman, Howie, Jerke, Koistinen, Miles, Noem, Novstrup (Al), Novstrup (David), Steele, Van Etten, and Weems and Senators McNenny, Abdallah, Duenwald, Greenfield, and Hunhoff

       FOR AN ACT ENTITLED, An Act to   require abortion facilities to offer sonograms to pregnant women under certain circumstances.

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



     HB 1297   Introduced by:  Representatives Van Norman, Bradford, Burg, Elliott, Engels, Feinstein, Halverson, Lucas, Moore, Nygaard, Sigdestad, Street, and Thompson and Senators Kloucek, Bartling, Heidepriem, Katus, Koetzle, Maher, Nesselhuf, Peterson (Jim), and Two Bulls

       FOR AN ACT ENTITLED, An Act to   establish a pilot program to gather certain statistics regarding traffic law enforcement to be collected and maintained.

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

     HB 1298   Introduced by:  Representatives Lucas, Bradford, Engels, Feinstein, Thompson, and Van Norman and Senators Bartling, Katus, Kloucek, Maher, and Two Bulls

       FOR AN ACT ENTITLED, An Act to   create the South Dakota Reservation Youth Resource Commission.

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

     HB 1299   Introduced by:  Representatives Rounds and Hackl and Senators Napoli and Greenfield

       FOR AN ACT ENTITLED, An Act to   authorize the issuance of lifetime hunting and fishing licenses.

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

     HB 1300   Introduced by:  Representatives Heineman, Buckingham, Dykstra, and Wick and Senators Smidt (Orville) and Garnos

       FOR AN ACT ENTITLED, An Act to   provide for a public utility data source containing information from school districts and to make an appropriation therefor.

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

     HB 1301   Introduced by:  Representatives Feinstein, Bradford, Lucas, Nygaard, Sigdestad, Thompson, and Van Norman and Senators Bartling, Maher, and Sutton

       FOR AN ACT ENTITLED, An Act to   establish the rural victims' advocacy services grant program and to make an appropriation therefor.

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


     HB 1302   Introduced by:  Representatives Vehle, Boomgarden, Kirkeby, Moore, Peters, and Van Etten and Senators Hanson (Gary) and Jerstad

       FOR AN ACT ENTITLED, An Act to   revise the requirements for certain on-sale alcoholic beverage licenses.

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

     HB 1303   Introduced by:  Representatives Vehle, Carson, Jerke, Kirkeby, and Rausch and Senators Hansen (Tom), Bartling, Greenfield, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide for issuance of certain restricted on-sale malt beverage and wine licenses.

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

     HB 1304   Introduced by:  Representatives Peters, Glenski, Miles, and Wick

       FOR AN ACT ENTITLED, An Act to   create additional classifications of real property and to revise certain provisions concerning the taxation of such property.

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

     HB 1305   Introduced by:  Representatives Buckingham, Boomgarden, Brunner, Carson, Davis, Dykstra, Elliott, Hackl, Hanks, Hargens, Haverly, Kirkeby, Koistinen, Nelson, Olson (Betty), Pederson (Gordon), Peters, Putnam, Rave, Steele, Weems, and Wick and Senators Napoli, Abdallah, Albers, Duenwald, Hansen (Tom), Peterson (Jim), and Schmidt (Dennis)

       FOR AN ACT ENTITLED, An Act to   revise certain age requirements related to hunting and hunting licenses.

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

     HB 1306   Introduced by:  Representatives Lucas and Van Norman and Senator Bartling

       FOR AN ACT ENTITLED, An Act to   revise certain provisions of administrative rules to authorize medical assistance under medicaid for certain youth on Indian reservations.

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


     HB 1307   Introduced by:  Representatives Olson (Ryan), Novstrup (Al), and Weems and Senators Gray and Garnos

       FOR AN ACT ENTITLED, An Act to   appropriate money to pay for the development of end of course exams.

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

     HB 1308   Introduced by:  Representative Novstrup (Al) and Senators Turbak and Peterson (Jim)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the valuation of real property by allowing the director of equalization to use more sales during the assessment process and to revise certain provisions regarding taxes payable for the capital outlay fund of school districts.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 87:   FOR AN ACT ENTITLED, An Act to   permit school district boards to consist of a combination of members who are elected at large and by member representation areas.

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

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

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1114:   FOR AN ACT ENTITLED, An Act to   allow postsecondary technical institutes to engage in business-type activities.

     Was read the second time.

     The question being “Shall HB 1114 pass as amended?”

     And the roll being called:


     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Carson

     Excused:
Juhnke; Vanneman

     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 1129:   FOR AN ACT ENTITLED, An Act to   provide for the conversion of certain cooperatives into business corporations.

     Was read the second time.

     The question being “Shall HB 1129 pass as amended?”

     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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke; Vanneman

     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 1098:   FOR AN ACT ENTITLED, An Act to   revise the jurisdiction of certain magistrate courts and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1098 pass as amended?”

     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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke; Vanneman

     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 1164:   FOR AN ACT ENTITLED, An Act to   allow auction agencies to sell government consigned motor vehicles on the same day as the dealer motor vehicle auctions.

     Was read the second time.

     The question being “Shall HB 1164 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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick



     Excused:
Juhnke; Vanneman

     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 1204:   FOR AN ACT ENTITLED, An Act to   revise fees for renewal stickers that are placed on special motor vehicle license plates for certain military veterans.

     Was read the second time.

     The question being “Shall HB 1204 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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke; Vanneman

     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 1143:   FOR AN ACT ENTITLED, An Act to   repeal the limitation on liability of local government agencies and their employees for year 2000 litigation.

     Was read the second time.

     The question being “Shall HB 1143 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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke; Vanneman

     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 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.

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

1019oa

     Rep. Peters moved that HB 1019 be amended as follows:

     On page 1, line 4 of the printed bill, delete everything after " Section 1. " and insert "The South Dakota rodent and reptile control fund is renamed the South Dakota rodent control fund.".

     On page 1 , delete line 5 .

     Which motion prevailed.

1019ta

     Rep. Ryan Olson moved that HB 1019 be further amended as follows:

     On page 1, line 11 of the printed bill, after " fund. " insert "Future sales of poisoned bait by the secretary after the effective date of this Act may be made only to government agencies, commercial wholesalers, and private individuals who have filed a prairie dog encroachment complaint with the secretary. ".

     Which motion prevailed.


     The question being “Shall HB 1019 pass as amended?”

     And the roll being called:

     Yeas 60, Nays 8, Excused 2, Absent 0

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

     Nays:
Bradford; Engels; Feinstein; Gillespie; Hargens; Noem; Rhoden; Van Norman

     Excused:
Juhnke; Vanneman

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

     The question being on the title.

     Rep. Peters moved that the title to HB 1019 be amended as follows:

     On page 1, line 1 of the printed bill, delete " create and provide for the rodent " and insert "rename the rodent and reptile ".

     Which motion prevailed and the title was so amended.

     HB 1073:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding identification and recording for products containing pseudoephedrine or ephedrine.

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

1073tb

     Rep. Moore moved that HB 1073 be amended as follows:

     On the House Judiciary Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

     No product containing pseudoephedrine or ephedrine may be sold in this state except through a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority.

     Section 2. That § 34-20D-1 be repealed.

     34-20D-1.   No retailer may sell, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. For purposes of this chapter, the term, retailer, means any person who sells merchandise at retail and from whom original packages of nonprescription drugs are sold or taken to be sold at retail and who is licensed by the Board of Pharmacy to sell nonprescription drugs. This restriction does not apply to any sale made pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority. Any retailer or any employee of a retailer who sells packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor.

     Section 3. That § 34-20D-2 be repealed.

     34-20D-2.   No person may purchase, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. This restriction does not apply to purchases made with a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority. Any person who purchases packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor.

     Section 4. That § 34-20D-3 be repealed.

     34-20D-3.   Any retailer who offers for sale a product containing pseudoephedrine or ephedrine as an active ingredient shall display and offer the product for sale, except as otherwise provided, behind a counter where the public is not permitted or in a locked case so that a customer wanting access to the package must ask a store employee for assistance. The retailer may display or offer for sale without restriction a product containing pseudoephedrine or ephedrine as an active ingredient if the product is displayed using any type of anti-theft device system including an electronic anti-theft device system that utilizes a product tag and detection alarm which prevents the theft of the product.

     Section 5. That § 34-20D-5 be repealed.

     34-20D-5.   A retailer shall post notice at the location where a product containing pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the following:

     South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrine or ephedrine as an active ingredient unless sold or purchased with a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority.

     Section 6. That § 34-20D-6 be repealed.

     34-20D-6.   No employee or retailer is civilly liable to any injured person or the person's estate for any injury suffered, including any wrongful death, or property damage suffered due to the sale of any pseudoephedrine or ephedrine product in violation of § 34-20D-1.

     Section 7. That § 34-20D-8 be amended to read as follows:

     34-20D-8.   If offering for sale a product containing pseudoephedrine or ephedrine as an active ingredient, a retailer pharmacy as defined in § 36-11-2 shall, before making such a sale, require and make a record of the identification of the person purchasing the product containing pseudoephedrine or ephedrine. For purposes of this section, the term, identification, means a document issued by a governmental agency which contains a description of the person or a photograph of the person, or both, and gives the person's date of birth, such as a driver's license, passport, or military identification card. The retailer shall maintain the record of identification, including the purchaser's name and date of birth. On August 1, 2006, and no later than the fifth day of every month thereafter, the retailer pharmacy shall send any such records to the Office of the Attorney General. No retailer pharmacy may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. The retailer pharmacy shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.

     Section 8. That § 34-20D-9 be amended to read as follows:

     34-20D-9.   Any retailer who pharmacy as defined in § 36-11-2 that in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct. "


     Rep. Hargens requested that Joint Rule 5-17 be invoked on HB 1073.

     Which request was supported and HB 1073 with Rep. Moore's pending motion to amend was deferred until Friday, February 2nd, the 18th legislative day.

     HB 1108:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding when and by whom chemical dependency evaluations occur after a conviction of driving while under the influence of drugs or alcohol.

     Was read the second time.

1108jb

     Rep. Van Etten moved that HB 1108 be amended as follows:

     On page 1, line 6 of the House Judiciary Committee engrossed bill, overstrike " 0.17 " and insert " 0.13 ".
     Which motion lost.

     The question being “Shall HB 1108 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; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Kirkeby; Van Norman

     Excused:
Juhnke; Vanneman

     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 1163:   FOR AN ACT ENTITLED, An Act to   allow certain repossessed motor vehicles to be sold without title in the name of the entity selling these motor vehicles.

     Was read the second time.

     The question being “Shall HB 1163 pass?”

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick


     Nays:
Elliott; Gillespie; Hargens; Lucas; Lust; Van Norman

     Excused:
Juhnke; Vanneman

     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 1128:   FOR AN ACT ENTITLED, An Act to   revise the provisions concerning the accumulation of funds by counties for capital outlay purposes.

     Was read the second time.

     The question being “Shall HB 1128 pass?”

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent 0

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

     Nays:
Bradford; Engels; Gillespie; Glenski; Kirkeby; Lucas; Miles; Moore; Peters; Street; Thompson; Van Norman

     Excused:
Juhnke; Vanneman

     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 1130:   FOR AN ACT ENTITLED, An Act to   increase the level of expenditures that may be incurred before requiring the advertisement for bids for the purchase of materials, supplies, or equipment.

     Was read the second time.

     The question being “Shall HB 1130 pass?”


     And the roll being called:

     Yeas 60, Nays 8, Excused 2, Absent 0

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

     Nays:
Buckingham; Burg; Feinstein; Glenski; Lucas; Miles; Moore; Van Norman

     Excused:
Juhnke; Vanneman

     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 1156:   FOR AN ACT ENTITLED, An Act to   revise certain requirements concerning the pay and qualifications of petition circulators.

     Was read the second time.

     The question being “Shall HB 1156 pass?”

     And the roll being called:

     Yeas 67, Nays 1, 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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Van Norman


     Excused:
Juhnke; Vanneman

     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


     SB 23:   FOR AN ACT ENTITLED, An Act to   revise certain exceptions from the definition of unsolicited telephone calls.

     Was read the second time.

     Rep. Rounds moved that SB 23 be deferred to Monday, February 5th, the 19th legislative day.

     Which motion prevailed.

     SB 24:   FOR AN ACT ENTITLED, An Act to   update certain citations to federal regulations regarding the pipeline safety inspection and to revise certain provisions regarding the assessment of pipeline inspection fees.

     Was read the second time.

     The question being “Shall SB 24 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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke; Vanneman


     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 22:   FOR AN ACT ENTITLED, An Act to   prohibit the filing of tariffs for certain telecommunications services and to impose certain requirements regarding the availability of telecommunications services information.

     Was read the second time.

     The question being “Shall SB 22 pass as amended?”

     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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke; Vanneman

     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 58:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the South Dakota Energy Infrastructure Authority.

     Was read the second time.

58ob

     Rep. Dykstra moved that SB 58 be amended as follows:

     On page 2, line 14 of the Senate engrossed bill, overstrike " export of South Dakota's enormous wind power resource " .

     Which motion prevailed.


     The question being “Shall SB 58 pass as amended?”

     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; 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; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Juhnke; Vanneman

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

     Rep. Rhoden moved that SB 11, 21, 35, 38, 18, 17, 49, and 39 be deferred to Thursday, February 1st, the 17th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1206 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1201 and returns the same with the recommendation that said bill be amended as follows:

1201oa
     On page 1, line 10 of the printed bill, after " entity " insert " for which public notice is provided pursuant to §  1-25-1.1 ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1202 and returns the same with the recommendation that said bill be amended as follows:

1202tb
     On page 2, line 3 of the printed bill, delete everything after " service " .

     On page 2 , delete line 4 .

     On page 2 , line 5, delete everything before " of " and insert "shall be informed by first class mail".

     On page 2 , line 14, delete everything before " training " and insert "assessment of postdeployment".

     On page 2 , line 15, delete everything after " substances " and insert ".".

     On page 2 , delete line 16 .

1202oa
     On page 2, after line 16 of the printed bill, insert:

"      Section 4. The provisions of this Act are repealed on June 30, 2008.".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1191 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair
Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1047 and finds the same correctly enrolled.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1047: FOR AN ACT ENTITLED, An Act to  revise the taxation of bundled transactions involving telecommunications services and related services.

     SB 16: FOR AN ACT ENTITLED, An Act to  prohibit advertising chiropractic services without first obtaining a license.

     SB 20: FOR AN ACT ENTITLED, An Act to  require a bachelor's degree for persons applying for a chiropractic license.

     SB 26: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding the Advanced Reading Enhancement Program.

     SB 27: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding the Office of Educational Technology.

     SB 28: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the mileage allowance for transportation of children in need of special education or services.

     SB 29: FOR AN ACT ENTITLED, An Act to  repeal the requirement to report the names of students who are deaf, blind, or visually impaired.

     SB 66: FOR AN ACT ENTITLED, An Act to  include additional professions and occupations within the child support collection process.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:54 p.m. the House adjourned.

Karen Gerdes, Chief Clerk