JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




NINETEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 5, 2007

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

     The prayer was offered by the Chaplain, Rev. Theodora Boolin, followed by the Pledge of Allegiance led by House page Nadine Torberson.

     Roll Call: All members present except Reps. Bradford, Howie, and Nygaard 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 eighteenth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

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

    Tyler Bandriet, Joseph Brandt, Katy Duffy, Jamison Lamp, Mandy McGriff, Hope Paulson, Martha Seppanen, Erin Simpfenderfer, Nadine Torberson.

    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 State Affairs respectfully reports that it has had under consideration HB  1175 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 1160 and returns the same with the recommendation that said bill be amended as follows:

1160ob
     On page 1, after line 12 of the printed bill, insert:

"      Section 2. That § 23A-27A-38 be repealed.

     23A-27A-38.   Immediately after the execution a post-mortem examination of the body of the defendant shall be made by the physicians present and they shall report in writing the result of their examination stating the nature thereof and the finding made, which report shall be annexed to the return mentioned in § 23A-27A-40 and filed therewith.

     Section 3. That § 23A-27A-39 be amended to read as follows:

     23A-27A-39.   After the post-mortem examination the The body of the defendant, unless claimed by some relative, shall be interred in a cemetery within the county where the penitentiary is situated.

     Section 4. That § 23A-27A-40 be amended to read as follows:

     23A-27A-40.   The warden or prison officer attending the execution and in charge thereof must of the execution shall immediately prepare and sign a certificate and return setting forth the time, place, and manner thereof of the execution , and that the defendant was then and there executed in conformity to the judgment of the court and the provisions of this chapter. He The warden or prison officer shall sign the certificate and return and shall also procure the same to be signed by all the persons present and witnessing the execution and shall thereupon cause file the certificate together with the certificate of the post-mortem examination mentioned in § 23A-

27A-38 to be filed within ten days after the execution in the office of the clerk of the court where the trial and conviction of the defendant was had took place . ".


     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  1195 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1140 and 1272 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 1139 and returns the same with the recommendation that said bill be amended as follows:

1139rf
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 4-5 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby created in the state treasury the education enhancement tobacco tax fund. All moneys in the education enhancement tobacco tax fund are subject to appropriation by the Legislature through the General Appropriations Act or special appropriations acts for education enhancement programs.

     Section 2. That chapter 4-5 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby created in the state treasury the health care tobacco tax fund. All moneys in the health care tobacco tax fund are subject to appropriation by the Legislature through the General Appropriations Act or special appropriations acts for health care related programs.

     Section 3. That § 10-50-52 be amended to read as follows:

     10-50-52.   The first thirty million dollars in revenue collected annually pursuant to this chapter shall be deposited in the general fund. All revenue in excess of thirty million dollars

collected annually shall be deposited in the tobacco prevention and reduction trust fund. Five million dollars of the revenue deposited annually in the tobacco prevention and reduction trust fund pursuant to this section shall be used to implement the tobacco prevention and reduction program. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the property tax reduction fund. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the education enhancement trust tobacco tax fund. Thirty-four percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the health care trust tobacco tax fund. "


1139rtb
     On page 1, line 1 of the printed bill, delete " define the status of principal in " and insert "create and provide for".

     On page 1 , line 2, after " enhancement " delete " trust " and insert "tobacco tax".

     On page 1 , line 2, after " care " delete " trust " and insert " tobacco tax".

     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 1286 and returns the same with the recommendation that said bill be amended as follows:

1286oa
     On page 2, line 3 of the printed bill, after "archaeologist" delete " may " and insert "shall".

     On page 2 , line 5, after " site " delete " or " and insert "and may make the information available".

     On page 2 , line 13, delete " may " and insert "shall".

     On page 2 , line 14, delete " or " and insert "and may make the information available".

     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  1271 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.



Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1213 and 1229 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1282 and 1283 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

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

1005ra
     On page 1, line 6 of the House Appropriations Committee engrossed bill, delete " law enforcement officer arrests " and insert "state's attorney charges".

     On page 1 , line 7, delete " officer " and insert "state's attorney".

     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 1253 and returns the same with the recommendation that said bill be amended as follows:

1253ra
     On page 2, line 5 of the printed bill, after " entities " insert ", to make recommendations for a statewide solution,".

     On page 2 , line 6, delete " a " and insert "such".

     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  1218, 1289, and 1301 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1001 and 1002 which have passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

HONORED GUESTS


     Rep. Dennert introduced the South Dakota Snow Queen Elizabeth Troskey from Turton, SD and the South Dakota Junior Snow Queen Desirae Wieseler from Faulkton, SD.

MOTIONS AND RESOLUTIONS


     HCR 1004:   A CONCURRENT RESOLUTION,   Requesting the Congress of the United States to direct the Corps of Engineers to address and rectify problems caused by the accumulation of sediment in the Missouri River main stem reservoirs.

     Rep. Dykstra moved that HCR 1004 as found on 305 of the House Journal be adopted.

     The question being on Rep. Dykstra's motion that HCR 1004 be adopted.

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent 0


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

     Nays:
Buckingham; DeVries; Novstrup (Al); Olson (Betty)

     Excused:
Bradford; Howie; Nygaard; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

     HCR 1005:   A CONCURRENT RESOLUTION,   Expressing the Legislature's regret for the loss of Eleanor McGovern.

     Rep. Elliott moved that HCR 1005 as found on page 321 of the House Journal be adopted.

     The question being on Rep. Elliott's motion that HCR 1005 be adopted.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Bradford; Howie; Nygaard; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.


CONSIDERATION OF REPORTS OF COMMITTEES


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

     Health and Human Services on HB 1278 as found on page 317 of the House Journal ; also

     Health and Human Services on SB 15 as found on page 317 of the House Journal ; also

     Appropriations on HB 1065 as found on page 318 of the House Journal ; also

     Judiciary on HB 1158 as found on page 318 of the House Journal ; also

     Judiciary on HB 1249 as found on pages 318 and 319 of the House Journal ; also

     Commerce on HB 1172 as found on page 319 of the House Journal ; also

     Education on HB 1241 as found on page 324 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

    Speaker Pro tempore Rave now presiding.

SECOND READING OF CONSENT CALENDAR ITEMS


     HCR 1003:   A CONCURRENT RESOLUTION,   To request the Department of Transportation to help promote and help direct travelers to the Oyate Trail.

     Rep. Lucas moved that HCR 1003 as found on 236 of the House Journal be adopted.

     The question being on Rep. Lucas's motion that HCR 1003 be adopted.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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


     Excused:
Bradford; Howie; Nygaard; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.

     HB 1165:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning notice and hearing requirements for vacating a municipal street or alley.

     Was read the second time.

     The question being “Shall HB 1165 pass?”

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, 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; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Moore

     Excused:
Bradford; Howie; Nygaard; Van Norman

     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 1210:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning municipal operating agreements.

     Was read the second time.

     The question being “Shall HB 1210 pass?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


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

     Excused:
Bradford; Howie; Nygaard; Van Norman

     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 1026:   FOR AN ACT ENTITLED, An Act to   define unprotected birds.

     Was read the second time.

     The question being “Shall HB 1026 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Bradford; Howie; Nygaard; Van Norman

     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 1257:   FOR AN ACT ENTITLED, An Act to   reduce the minimum number of board members of trust companies.

     Was read the second time.

     The question being “Shall HB 1257 pass?”



     And the roll being called:

     Yeas 65, Nays 1, Excused 4, 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; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Hargens

     Excused:
Bradford; Howie; Nygaard; Van Norman

     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 1233:   FOR AN ACT ENTITLED, An Act to   revise the publishing requirement for school board vacancies in newly created school districts, to revise the deadline by which candidates for new school boards must file nominating petitions, and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1233 pass?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Bradford; Howie; Nygaard; Van Norman


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

     SB 72:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the liens on vehicles for the costs of removal and storage of the vehicles.

     Was read the second time.

     Rep. Hargens requested that SB 72 be removed from the Consent Calendar.

     Which request was granted.

    Speaker Deadrick now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1196:   FOR AN ACT ENTITLED, An Act to   provide for notice and opportunity to remedy residential construction defects.

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

1196rb

     Rep. Hunt moved that HB 1196 be amended as follows:

     On page 3, after line 6 of the printed bill, insert:

"
     Section 3. No applicable statute of limitations runs against either party during the thirty-day period after written notice is served pursuant to section 2 of this Act.".


     Which motion prevailed.

1196ra

     Rep. Hunt moved that HB 1196 be further amended as follows:

     On page 3, line 6 of the printed bill, after " section. " insert "The provisions of this Act do not apply to the initiation of a counterclaim or cross-claim in any action that is already properly commenced.".

     Which motion prevailed.

     The question being “Shall HB 1196 pass as amended?”

     And the roll being called:

     Yeas 61, Nays 5, Excused 4, Absent 0

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

     Nays:
Burg; Hanks; Hargens; Peters; Speaker Deadrick

     Excused:
Bradford; Howie; Nygaard; Van Norman

     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 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.


     The question being on Rep. Moore's pending motion to amend HB 1073 as found on pages 290 to 292 of the House Journal.

    Rep. Hargens requested that his second of the pending amendment be withdrawn.

    There being an objection, the request was denied.

     Rep. Rhoden moved that Rep. Moore's motion to amend HB 1073 be laid on the table.

     Which motion prevailed.

     The question being “Shall HB 1073 pass as amended?”

     And the roll being called:



     Yeas 66, Nays 1, Excused 3, Absent 0

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

     Nays:
Peters

     Excused:
Bradford; Howie; Nygaard

     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 1131:   FOR AN ACT ENTITLED, An Act to   increase the amount of funding for conservation and value-added agriculture purposes from certain unclaimed motor fuel tax refunds and to make an appropriation therefor.

     Was read the second time.

     Rep. Rhoden moved that HB 1131 be referred to the Committee on Appropriations.

     Which motion prevailed.

     HB 1201:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning public meetings.

     Was read the second time.

     The question being “Shall HB 1201 pass as amended?”

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent 0


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

     Nays:
Dykstra; Engels; Feinstein; Gillespie; Thompson; Van Norman; Vehle

     Excused:
Bradford; Howie; Nygaard

     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 1202:   FOR AN ACT ENTITLED, An Act to   provide for the notification of certain members of the armed forces concerning screening for exposure to depleted uranium.

     Was read the second time.

     Rep. Dykstra moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1202 pass as amended?”

     And the roll being called:

     Yeas 25, Nays 42, Excused 3, Absent 0

     Yeas:
Ahlers; Brunner; Burg; Carson; Dennert; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Haverly; Hills; Krebs; Lucas; Miles; Moore; Pitts; Sigdestad; Street; Thompson; Van Norman

     Nays:
Boomgarden; Buckingham; Cutler; Davis; DeVries; Dreyer; Faehn; Gilson; Hackl; Hanks; Heineman; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick


     Excused:
Bradford; Howie; Nygaard

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

     HB 1179:   FOR AN ACT ENTITLED, An Act to   revise the penalty for certain big game hunting violations.

     Was read the second time.

     The question being “Shall HB 1179 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Bradford; Howie; Nygaard

     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 1235:   FOR AN ACT ENTITLED, An Act to   authorize the trapping and hunting of certain furbearing animals by nonresidents.

     Was read the second time.

     The question being “Shall HB 1235 pass?”

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent 0


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

     Nays:
Carson; Pederson (Gordon); Van Etten

     Excused:
Bradford; Howie; Nygaard

     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 1259:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to complaints of encroachment by prairie dogs on private land.

     Was read the second time.

     The question being “Shall HB 1259 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Bradford; Howie; Nygaard

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

     Was read the second time.

     Rep. Rounds requested a fiscal note on HB 1174.

     Which request was supported.

     HB 1184:   FOR AN ACT ENTITLED, An Act to   require the Department of Revenue and Regulation to collect and distribute the gross receipts taxes imposed on small telecommunication companies.

     Was read the second time.

     The question being “Shall HB 1184 pass?”

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent 0

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

     Nays:
Rounds; Street; Vehle

     Excused:
Bradford; Howie; Nygaard

     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 1154:   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 second time.


     The question being “Shall HB 1154 pass?”

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, Absent 0

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

     Nays:
Hargens; Moore; Speaker Deadrick

     Excused:
Bradford; Cutler; Howie; Nygaard

     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 1183:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the use of a transporter license plate.

     Was read the second time.

     The question being “Shall HB 1183 pass as amended?”

     And the roll being called:

     Yeas 61, Nays 5, Excused 4, Absent 0

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

     Nays:
Buckingham; Hanks; Koistinen; Noem; Rounds


     Excused:
Bradford; Cutler; Howie; Nygaard

     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 1187:   FOR AN ACT ENTITLED, An Act to   provide for the abatement or refund of property taxes on certain owner-occupied single-family dwellings owned by persons in the military and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1187 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Bradford; Cutler; Howie; Nygaard

     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 1296:   FOR AN ACT ENTITLED, An Act to   require abortion facilities to offer sonograms to pregnant women under certain circumstances.

     Was read the second time.

1296ra

     Rep. Kirkeby moved that HB 1296 be amended as follows:

     On page 1, line 7 of the printed bill, after " offer " delete " , " and insert "and".

     On page 1 , line 7, after " declination " delete " , and the " and insert ".".
     On page 1 , delete line 8 .

     Rep. Hargens called for a division of the house.

     The Speaker declared the motion lost.

     The question being “Shall HB 1296 pass?”

     And the roll being called:

     Yeas 43, Nays 24, Excused 3, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Davis; DeVries; Dreyer; Dykstra; Faehn; Gillespie; Gilson; Glenski; Hackl; Hanks; Heineman; Hunt; Jerke; Juhnke; Koistinen; Krebs; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Burg; Cutler; Dennert; Elliott; Engels; Feinstein; Gassman; Halverson; Hargens; Haverly; Hills; Kirkeby; Lucas; McLaughlin; Pederson (Gordon); Peters; Pitts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman

     Excused:
Bradford; Howie; Nygaard

     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 1064:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to accept additional donations for the improvements to O'Harra Stadium at the South Dakota School of Mines and Technology and to declare an emergency.

     Was read the second time.

     Rep. Rhoden moved that the balance of the calendar, which includes HB 1064, 1100, 1069, 1152, and 1153 and SB 23, 11, 21, 35, 38, 18, 17, 49, 39, and 7 be deferred to Tuesday, February 6th, the 20th 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 1001 and 1002 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1011, 1013, 1028, 1047, 1080, and 1081 were delivered to his Excellency, the Governor, for his approval at 4:00 p.m., February 5, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

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

     SB 19: FOR AN ACT ENTITLED, An Act to  revise the fee for certain licenses issued by the Board of Funeral Services.

     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.

     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.

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

     And signed the same in the presence of the House.


COMMEMORATIONS


     HC 1003   Introduced by:  Representatives Buckingham, Ahlers, Boomgarden, Bradford, Brunner, Burg, Carson, Cutler, Davis, Deadrick, 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, and Willadsen and Senators McCracken, Abdallah, Albers, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Koetzle, Lintz, Maher, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, Turbak, and Two Bulls

         A LEGISLATIVE COMMEMORATION,  Honoring the 2006 National American University volleyball team for winning the 2006 NAIA Volleyball National Title.

     WHEREAS,  with the dedication and perseverance of the entire volleyball team, National American University completed forty-one wins and zero losses in the 2006 season; and

     WHEREAS,  the NAU volleyball team had a superior coaching staff for which coach Todd Lowery received the honorable recognition of Coach of the Year by the NAIA; and

     WHEREAS,  Leslie DaSilva's dedication and leadership to the team earned her the special recognition of Most Valuable Player by the NAIA; and

     WHEREAS,  this national title was achieved by the teamwork of all the athletes: Kaitlin Cramer, Thamy Viana, Carla De Marqui, Amanda Silva, Chasity Millard, Kellen Foganholi, Leslie DaSilva, Daniela Oliveira, Juliane Viera, and Tais Centeno:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the National American University be congratulated for winning the 2006 NAIA Volleyball National Title.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:15 p.m. the House adjourned.

Karen Gerdes, Chief Clerk