JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 8, 2007

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

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by House page Jordan Schander.

     Roll Call: All members present except Rep. Pederson who was 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 twenty-first day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
COMMUNICATIONS AND PETITIONS


February 8, 2007

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 7, 2007, I approved House Bills 1001, 1002, and 1103, 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 Taxation respectfully reports that it has had under consideration HB  1251 and SB 83 and 96 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1292 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1178 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1225 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1305 and returns the same with the recommendation that said bill be amended as follows:

1305te
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of § §  41-6-16, 41-6-17, 41-6-18.1, 41-6-27, 41-6-28, 41-6-30, 41-6-80, and 41-8-6 notwithstanding, any youth who is less than twelve years of age may hunt any small game animal for which the hunting season is open or any predator/varmint without obtaining a hunting license and without completing a hunter safety or hunter education course. Any youth who is at least ten years of age but less than twelve years of age and holds a big game license or a wild turkey license may hunt the species authorized by the license without completing a hunter safety or hunter education course.

     No youth who is less than twelve years of age may hunt any small game animal, any big game animal, or any predator/varmint pursuant to this section unless the youth is accompanied by the youth's parent or guardian or by a person who is at least eighteen years of age and has been designated in writing by the parent or guardian to accompany the youth while hunting. No person may accompany a youth hunter for purposes of hunting small game under this section unless the person is licensed to hunt the same species being hunted by the youth. However, a person who accompanies a youth hunter for purposes of hunting big game, wild turkeys, or predator/varmints under this section need not be licensed to hunt the same species, but shall either be a licensed hunter or have successfully completed a hunter safety or hunter education course that meets the requirements of chapter 41-7.

     Any youth who, pursuant to this section, hunts without a license or without completing a hunter safety course or hunter education course is subject to the other requirements, restrictions, and penalties specified in this title with respect to the species being hunted, except that the combined number of animals taken or possessed by any such unlicensed youth hunter and the person who is accompanying the youth hunter may not exceed the number of animals authorized under this title to be taken or possessed by one licensed hunter.

     Section 2. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

     For purposes of this chapter, the requirement that a youth hunter be accompanied by an adult is satisfied if the following conditions are met:

             (1)    If the youth hunter is less than twelve years of age for all of the current year, the adult shall be unarmed, except as provided in this subdivision, and the adult shall be within arm's length of the youth hunter at the time the youth hunter discharges a firearm or operates a bow and arrow in the act of hunting. The adult may only accompany one

such youth hunter at any one time. No hunting party that includes any such youth hunter may include more than six people, regardless of whether or not the other members of the party are hunting or possess or operate firearms. The requirement that the adult be unarmed does not prohibit the adult from possessing a permitted concealed pistol or other legal handgun;

             (2)    If the youth hunter will become twelve years of age at any time during the period September first to December thirty-first, inclusive, of the current year, and hunts at any time during that period, or if the youth hunter is at least twelve years of age but less than sixteen years of age, the adult shall remain within a distance from the youth hunter that allows clear visual and verbal contact with the youth hunter.

     Section 3. That § 41-6-12 be amended to read as follows:

     41-6-12.   Any person who is a resident of this state, as defined by this title, qualifies as resident for securing any resident hunting or fishing license. All other persons shall secure the applicable nonresident hunting and fishing licenses. No person under the age of who is less than twelve years of age may be granted any hunting license other than a big game or wild turkey hunting license . However, any person who is eleven years of age and who will become twelve years of age during the period September first through December thirty-first, inclusive, may be granted any hunting license and be allowed to hunt beginning September first. No person who is less than ten years of age may be granted any big game or wild turkey hunting license.

     Section 4. That § 41-6-13 be amended to read as follows:

     41-6-13.   A resident hunting license may be issued only to a resident sixteen years of age or older. However, the parent or guardian of a resident who is less than sixteen years of age and meets the age requirements of § 41-6-12 may apply for the license for such person the resident . If a license is granted on the application, the license authorizes hunting by the person only if accompanied by a parent, guardian, or responsible adult and adult who is at least eighteen years of age. The license is valid for the license year as provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. The requirement to be accompanied by an adult no longer applies when the licensee attains sixteen years of age. A violation of this section is a Class 2 misdemeanor.

     Section 5. That § 41-6-16.1 be repealed.

     41-6-16.1.   The hunting of mourning doves by a minor is a Class 2 misdemeanor unless the minor is accompanied by a parent, guardian, or responsible adult. "


1305tf
     In the previous amendment (1305te), in the second line of the first paragraph of section 1, before "less than twelve" insert "at least ten but".

     In the previous amendment (1305te), in the first line of subdivision (1) of section 2, before "less than twelve" insert "at least ten but".
     And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1182 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1115 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 Local Government respectfully reports that it has had under consideration HB 1104 and 1310 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Alan Hanks, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1112 and 1204 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1004 and 1005 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 43, 82, 97, 135, 142, 195, and 202 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Putnam moved that the House do concur in Senate amendments to HB 1010.

     The question being on Rep. Putnam's motion that the House do concur in Senate amendments to HB 1010.

     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); 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:
Pederson (Gordon)

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

     Yesterday, Rep. Krebs announced her intention to reconsider the vote by which HB 1272 lost.

     Rep. Krebs moved that the House do now reconsider the vote by which HB 1272 lost.

     The question being on Rep. Krebs' motion to reconsider the vote by which HB 1272 lost.

     And the roll being called:

     Yeas 29, Nays 40, Excused 1, Absent 0


     Yeas:
Bradford; Brunner; Cutler; Dykstra; Faehn; Gilson; Halverson; Hargens; Heineman; Hills; Howie; Hunt; Kirkeby; Krebs; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Olson (Russell); Rave; Rhoden; Steele; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Hanks; Haverly; Jerke; Juhnke; Koistinen; Lucas; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rounds; Sigdestad; Street; Thompson; Tidemann; Van Norman; Vanneman

     Excused:
Pederson (Gordon)

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

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 9th, the 23rd legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1145 as found on page 375 of the House Journal ; also

     Judiciary on HB 1194 as found on page 375 of the House Journal ; also

     State Affairs on HB 1048 as found on pages 376 to 390 of the House Journal ; also

     Health and Human Services on HB 1155 as found on pages 390 and 391 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 43:   FOR AN ACT ENTITLED, An Act to   provide for the registration of tobacco retailers.

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

     SB 82:   FOR AN ACT ENTITLED, An Act to   revise certain fees charged by sheriffs.

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

     SB 97:   FOR AN ACT ENTITLED, An Act to   revise certain miscellaneous provisions of the trust statutes.

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

     SB 135:   FOR AN ACT ENTITLED, An Act to   increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

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

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

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

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

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

     SB 202:   FOR AN ACT ENTITLED, An Act to   increase the exemption from process of certain retirement benefits.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1265:   FOR AN ACT ENTITLED, An Act to   revise certain provisions defining renewable energy and recycled energy.

     Was read the second time.

     The question being “Shall HB 1265 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); 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:
Pederson (Gordon)

     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 1286:   FOR AN ACT ENTITLED, An Act to   require that records of archaeological sites be maintained and to provide that certain records remain confidential.

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

     The question being “Shall HB 1286 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Elliott; Faehn; 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); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Dennert; Engels; Feinstein

     Excused:
Pederson (Gordon)

     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 1005:   FOR AN ACT ENTITLED, An Act to   revise the reporting requirements involving sex offense victims.

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

     Rep. Cutler moved that HB 1005 be deferred to Friday, February 9th, the 23rd legislative day.

     Which motion prevailed.

     HB 1280:   FOR AN ACT ENTITLED, An Act to   revise certain provisions permitting decisions of a planning commission to be overruled by other public bodies.

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

     Rep. Hanks moved that HB 1280 be deferred to Friday, February 9th, the 23rd legislative day.

     Which motion prevailed.

     HB 1177:   FOR AN ACT ENTITLED, An Act to   provide for the issuance of landowner- sponsored big game hunting licenses.

     Was read the second time.

1177tc

     Rep. DeVries moved that HB 1177 be amended as follows:

     On page 2, line 1 of the House Agriculture and Natural Resources Committee engrossed bill, after " property. " insert "Only one landowner-sponsored license may be issued for each qualifying property.".

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     Rep. DeVries' motion to amend prevailed.

     Rep. Gillespie moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1177 pass as amended?”

     And the roll being called:

     Yeas 11, Nays 58, Excused 1, Absent 0

     Yeas:
Brunner; DeVries; Gassman; Howie; Juhnke; Nelson; Olson (Betty); Rave; Rhoden; Vanneman; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Buckingham; Burg; Carson; Cutler; Davis; Dennert; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen

     Excused:
Pederson (Gordon)

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

     HB 1226:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to water project district voter eligibility and qualification of directors.

     Was read the second time.

     The question being “Shall HB 1226 pass as amended?”

     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; 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); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Rounds; Vehle

     Excused:
Pederson (Gordon)

     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. Boomgarden moved that the title to HB 1226 be amended as follows:

     On page 1, line 1 of the House Local Government Committee engrossed bill, delete " certain provisions related to water project district " and insert "provisions related to water project district voter eligibility.".

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     HB 1041:   FOR AN ACT ENTITLED, An Act to   revise the fees for cosmetology, nail technology, and esthetics.

     Was read the second time.

     The question being “Shall HB 1041 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, 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; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Carson

     Excused:
Pederson (Gordon)

     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 1076:   FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to disasters in the state and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1076 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); 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:
Pederson (Gordon)

     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 1285:   FOR AN ACT ENTITLED, An Act to   restrict unsolicited commercial electronic mail advertisements.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1285 pass?”

     And the roll being called:

     Yeas 51, Nays 18, Excused 1, Absent 0

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

     Nays:
Ahlers; Burg; Dennert; DeVries; Engels; Gillespie; Glenski; Hargens; Hunt; Lucas; Miles; Moore; Novstrup (Al); Nygaard; Sigdestad; Street; Van Norman; Weems

     Excused:
Pederson (Gordon)

     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 1275:   FOR AN ACT ENTITLED, An Act to   establish a statute of limitations for real estate appraisers and their agents and employees for alleged malpractice, error, mistake, or omission.

     Was read the second time.


     The question being “Shall HB 1275 pass?”

     And the roll being called:

     Yeas 68, Nays 1, 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); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Van Norman

     Excused:
Pederson (Gordon)

     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 35, 38, 18, 17, 49, 39, 7, 15, and 94 be deferred to Friday, February 9th, the 23rd 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 Education respectfully reports that it has had under consideration HB 1266 and returns the same with the recommendation that said bill be amended as follows:

1266cc
     On page 2, line 9 of the printed bill, delete " shall " and insert " may ".

     On page 2 , line 11, delete everything after " 13-27-2 " and insert " . ".

     On page 2 , delete line 12 .

1266ca
     On page 2, after line 14 of the printed bill, insert:

"
     Section 4. If a student is partially enrolled in a school district pursuant to this Act, and the student's enrollment is equal to or greater than fifty percent, that student is required to take any academic achievement test administered by the school district pursuant to § 13-3-55. If a student's partial enrollment in a school district is less than fifty percent, the student is not required to take any academic achievement test administered by the school district pursuant to § 13-3-55.".


1266cta
     On page 1, line 2 of the printed bill, after " circumstances " insert "and to clarify certain testing requirements for students who are partially enrolled.".

     And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1112 and 1204 and finds the same correctly enrolled.

Respectfully submitted,
Thomas J. Deadrick, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 11.

Respectfully,
Trudy Evenstad, Secretary

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     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.

     SB 21: FOR AN ACT ENTITLED, An Act to  revise certain requirements for the siting of energy facilities.

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

     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.

     And signed the same in the presence of the House.

     Rep. Putnam moved that the House do now adjourn, which motion prevailed and at 3:52 p.m. the House adjourned.

Karen Gerdes, Chief Clerk