House Journal 02/13/2007 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 13, 2007

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

The prayer was offered by the Chaplain, Pastor Ruth Ann Loughry, followed by the Pledge of Allegiance led by House page Jamison Lamp.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-fourth 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.

REPORTS OF STANDING COMMITTEES

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1299 and SB 138 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1248 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 12 of the printed bill, delete everything after " (2) " and insert "A statement that the director of equalization will provide to the property owner, upon request, sales of comparable property or other information supporting the increased".

On page 1, line 6 of the printed bill, delete "fifteen" and insert "twenty".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1302 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete line 10 , and insert " business hours for the sale and consumption of distilled spirits for at least sixty days during the two preceding years. However, the licensed premise is only required to be open five days per year if it is open to the public during a special event that has at least two hundred thousand visitors. ".

On the previously adopted amendment (1302fa), on the last line, delete " two hundred " and insert " twenty-five ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1303 and tabled the same.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1227 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Alan Hanks, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the printed bill, delete " two hundred " and insert "one hundred thirty".

On page 1 , line 14, delete " two hundred " and insert "one hundred thirty".

On page 1 , line 14, delete " two " and insert "one".

On page 1 , line 15, after " hundred " insert "thirty".

On page 2 , line 1, delete " two hundred " and insert "one hundred thirty".

On page 5 , line 22, delete " two " and insert " one ".

On page 5 , line 23, before " , but " insert " thirty ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, delete everything after " within " and insert "the Department of Education the health and safety facility equity program".

On page 1 , line 5, delete " funds " .

On page 1 , line 5, delete " fund " and insert "program".

On page 1 , line 11, after " structural " insert "or health and safety".

On page 1 , line 15, delete " financial " .

On page 1 , line 15, delete " facility equity fund " and insert "health and safety facility equity program".

On page 2 , line 3, delete " Facility Equity Fund Oversight Board " and insert "Health and Safety Facility Equity Program Board".

On page 2 , line 6, delete everything after " districts " and insert ".".

On page 2 , line 7, delete everything before " When " .

On page 2 , delete lines 17 and 18 , and insert "All applications approved by the Health and Safety Facility Equity Program Oversight Board shall be forwarded to the Department of Education with recommendations.".

On page 2 , line 20, delete everything after " procedures " and insert "and timelines.".

On page 2 , delete line 21 .

On page 1, line 1 of the printed bill, delete " facility equity fund " and insert "heath and safety facility equity program".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1307 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " five hundred thousand dollars ($500,000) " and insert "one dollar ($1)".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1159, 1220, 1239, and 1261 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1067 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, delete " repealed. " and insert "amended to read as follows:".

On page 1 , delete lines 5 and 6 , and insert:

" Section 3. Any amount appropriated in this Act not lawfully expended or obligated by June 30, ~~2007~~ 2008 , shall revert in accordance with § 4-8-21.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1101 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, delete " one hundred " and insert "fifty thousand dollars ($ 50,000 )".

On page 1 , line 5, delete " thousand dollars ($100,000) " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1138 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, delete " three hundred sixty " and insert "one dollar ($1)".

On page 1 , line 5, delete " thousand dollars ($360,000) " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1176 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 3 to 7 , inclusive.

On page 1 , line 8, delete " use the funds appropriated in this Act to " .

On page 2 , delete lines 12 and 13 .

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "establish international trade representation and stimulate economic development.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1205 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 3 of the printed bill, delete " two million dollars " and insert "one dollar ($1)".

On page 1 , line 4, delete " ($2,000,000) " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1279 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 12 of the House Education Committee engrossed bill, delete " forty thousand " and insert "one dollar ($1)".

On page 2 , line 13, delete " dollars ($40,000) " .

On page 2 of the House Education Committee engrossed bill, delete lines 12 to 18 , inclusive.

On page 1, line 2 of the House Education Committee engrossed bill, delete everything after " composition, " .

On page 1 , line 3, delete " therefor, " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1263 and tabled the same.

Respectfully submitted,
J.E. “Jim” Putnam, Chair

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1019 and 1021 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1075, 1163, and 1235 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 2, 56, 100, 105, 136, 180, 199, 207, and 219, and SJR 2 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006: A CONCURRENT RESOLUTION, Encouraging the Board of Regents to approve the creation of a Mandarin Chinese major curriculum at Northern State University.

Rep. Sigdestad moved that HCR 1006 as found on page 322 of the House Journal be adopted.

The question being on Rep. Sigdestad's motion that HCR 1006 be adopted.

And the roll being called:

Yeas 67, Nays 3, Excused 0, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; 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 (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:
DeVries; Olson (Betty); Peters

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

HCR 1007 Introduced by: Representatives Thompson, Ahlers, Bradford, Brunner, Burg, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Engels, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Hackl, Halverson, Hanks, Hargens, Hills, Jerke, Krebs, Lucas, Miles, Moore, Nygaard, Rave, Rhoden, Sigdestad, Street, Turbiville, Van Etten, Van Norman, and Weems and Senators Nesselhuf, Bartling, Hanson (Gary), Heidepriem, Hoerth, Hundstad, Jerstad, Katus, Kloucek, Koetzle, Maher, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Sutton, and Turbak

A CONCURRENT RESOLUTION, Encouraging the Legislature of the State of South Dakota to continue in its practice and to further examine using people first language, which will acknowledge individuals as people before they acknowledge any disability.

WHEREAS, the Legislature of South Dakota is looked upon to be a role model for the citizens of South Dakota; and

WHEREAS, language used in reference to persons with disabilities shapes and reflects society's attitudes towards people with disabilities; and

WHEREAS, many of the terms currently used by society diminish the humanity and natural condition of having a disability; and

WHEREAS, terminology that references persons with disabilities should not imply that such persons are disabled as a whole, equate persons with their condition, or have negative overtones of a derogatory or demeaning effect; and

WHEREAS, the Legislature finds it important and appropriate to clarify that for new and revised laws and rules use should be made of terminology that puts the person before the disability:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- second Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature will support language to put people first when referring to persons with disabilities in its statutes and rules.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on HB 1162 as found on pages 440 and 441 of the House Journal ; also

Health and Human Services on HB 1207 as found on pages 441 to 448 of the House Journal ; also

Judiciary on HB 1149 as found on page 448 of the House Journal ; also

Judiciary on HB 1231 as found on page 448 of the House Journal ; also

Judiciary on HB 1072 as found on pages 448 to 453 of the House Journal ; also

State Affairs on HB 1293 as found on pages 454 to 459 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 2: FOR AN ACT ENTITLED, An Act to establish certain procedures regarding the verification of initiative and referendum signatures.

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

SB 56: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire a seed technology facility for South Dakota State University, to make an appropriation therefor, and to declare an emergency.

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

SB 100: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

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

SB 105: FOR AN ACT ENTITLED, An Act to require an annual adjustment to the general fund levies of a school district by reducing local effort by nine million dollars from funds deposited in the property tax reduction fund from the tax on cigarettes and other tobacco products.

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

SB 136: FOR AN ACT ENTITLED, An Act to provide for the release of the juvenile monitor's report after clearance by the attorney general and to provide for a confidential addendum to the report.

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

SB 180: FOR AN ACT ENTITLED, An Act to provide for the recognition of certain adoption orders from foreign jurisdictions and to provide for the issuance of birth certificates for certain inter-country adoptions.

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

SB 199: FOR AN ACT ENTITLED, An Act to increase the compulsory attendance age for school attendance.

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

SB 207: FOR AN ACT ENTITLED, An Act to increase the minimum wage.

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

SB 219: FOR AN ACT ENTITLED, An Act to make an appropriation for a drought tolerance biotechnology research center and to declare an emergency.

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

SJR 2: A JOINT RESOLUTION, To propose a constitutional amendment to require certain meetings of the Legislature to be open to the public.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1262: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding property tax exemptions for certain power generation facilities.

Was read the second time.

The question being “Shall HB 1262 pass?”

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

So the 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 1278: FOR AN ACT ENTITLED, An Act to require emergency medical technicians to be trained in the administration of epinephrine.

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

Rep. Van Etten moved that HB 1278 be amended as follows:

On page 2 of the House Health and Human Services Committee engrossed bill, delete lines 4 to 8 , inclusive, and insert:

"

Any ambulance service staffed by an emergency medical technician may be equipped with epinephrine auto-injectors. The board shall adopt statewide protocols for the administration of epinephrine auto-injectors. A copy of the board protocols signed by a physician shall be carried in any ambulance equipped with epinephrine auto-injectors. Any emergency medical technician

who has received training may, pursuant to the protocols, administer epinephrine by use of an auto-injector.".

Which motion prevailed.

The question being “Shall HB 1278 pass as amended?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Bradford

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.

Speaker Pro tempore Rave now presiding.

HB 1048: FOR AN ACT ENTITLED, An Act to reform certain campaign finance requirements and to establish certain fines and penalties.

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

Rep. Hargens moved that HB 1048 be amended as follows:

On page 4, line 19 of the House State Affairs Committee engrossed bill, after " purposes " insert ". The term does not include any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to any member of the organization and the member's family".

Which motion prevailed.

Rep. Gillespie moved that HB 1048 be further amended as follows:

On page 3, line 16 of the House State Affairs Committee engrossed bill, after " question " insert "by use of explicit words of advocacy of election or defeat. The following words convey a message of express advocacy: vote, re-elect, support, cast your ballot for, reject, and defeat".

Which motion prevailed.

Rep. Hargens moved that HB 1048 be further amended as follows:

On page 10, after line 1 of the House State Affairs Committee engrossed bill, insert:

"
Section 12. If the contributor is a political action committee, no candidate for statewide office or the candidate's campaign committee may accept any contribution which in the aggregate exceeds ten thousand dollars during any calendar year. A violation of this section is a Class 1 misdemeanor.

Section 13. If the contributor is a political action committee, no candidate for legislative or county office or the candidate's campaign committee may accept any contribution which in the aggregate exceeds five thousand dollars during any calendar year. A violation of this section is a Class 1 misdemeanor.

Section 14. If the contributor is a political action committee, no political action committee may accept any contribution which in the aggregate exceeds ten thousand dollars during any calendar year. A violation of this section is a Class 1 misdemeanor.

Section 15. If the contributor is a political action committee, no political party may accept any contribution which in the aggregate exceeds ten thousand dollars during any calendar year. A violation of this section is a Class 1 misdemeanor.".

A roll call vote was requested and supported.

The question being on Rep. Hargens' motion that HB 1048 be further amended.

And the roll being called:

Yeas 20, Nays 49, Excused 1, Absent 0

Yeas:
Ahlers; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Koistinen; Lucas; Miles; Moore; Nygaard; Sigdestad; Street; Thompson; Van Norman

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

Excused:
Bradford

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

Rep. Moore moved that HB 1048 be further amended as follows:

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

" Section 1. The Executive Board of the Legislative Research Council shall appoint an interim legislative committee to review chapter 12-25 and to make recommendations to the 2008 Legislature to improve the laws regarding campaign financing and campaign financial disclosure statements."

A roll call vote was requested and supported.

The question being on Rep. Moore's motion that HB 1048 be further amended.

And the roll being called:

Yeas 21, Nays 48, Excused 1, Absent 0

Yeas:
Ahlers; Boomgarden; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Howie; Lucas; Miles; Moore; Nygaard; Sigdestad; Street; Thompson; Van Norman

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

Excused:
Bradford

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

The question being “Shall HB 1048 pass as amended?”

And the roll being called:

Yeas 47, Nays 23, Excused 0, Absent 0

Yeas:
Ahlers; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Engels; Faehn; Gilson; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Steele; Tidemann; Turbiville; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Boomgarden; Bradford; Burg; Dennert; Elliott; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hanks; Hargens; Howie; Miles; Moore; Pederson (Gordon); Rounds; Sigdestad; Street; Thompson; Van Etten; 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 1155: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning wholesale drug distributors.

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

The question being “Shall HB 1155 pass as amended?”

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; 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; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Rhoden

Excused:
Dykstra

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 1251: FOR AN ACT ENTITLED, An Act to exempt the gross receipts received from certain controlled groups from the contractor's excise tax.

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

The question being “Shall HB 1251 pass?”

And the roll being called:

Yeas 57, Nays 13, Excused 0, Absent 0

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

Nays:
Engels; Feinstein; Haverly; Howie; Lust; Moore; Nelson; Nygaard; Putnam; Rausch; Tidemann; Van Norman; Vehle

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.

Speaker Deadrick now presiding.

HB 1305: FOR AN ACT ENTITLED, An Act to revise certain age requirements related to hunting and hunting licenses.

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

Rep. Buckingham moved that HB 1305 be amended as follows:

On page 1 of the House Agriculture and Natural Resources Committee engrossed bill, delete lines 6 to 12 , inclusive, and insert:

"

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 as provided in this section under the following conditions:

(1) Any youth who is at least ten but less than twelve years of age may hunt any small game animal for which the hunting season is open and any predator/varmint without obtaining a hunting license and without completing a hunter safety or hunter education course;

(2) Any youth who is less than ten years of age may hunt any such small game animal, except game birds or migratory waterfowl, and any predator/varmint without obtaining a hunting license and without completing a hunter safety or hunter education course;

(3) Any youth who is at least ten years of age but less than twelve years of age and holds a big game license may hunt the species authorized by the license without completing a hunter safety or hunter education course.".

On page 2 , line 7, delete " , wild turkeys, " .

On page 2 , line 13, after " title " insert "and in rules promulgated pursuant to this title".

On page 2 , line 21, delete " at least ten but " .

On page 3 , line 5, delete " legal " and insert "legally possessed".

On page 3 , line 15, delete " or wild turkey " .

On page 3 , line 19, delete " or wild turkey " .

The Speaker, being in doubt of the voice vote, called for a division of the House.

The Speaker declared the motion lost.

Rep. Hargens moved the previous question.

Which motion prevailed.

The question being “Shall HB 1305 pass as amended?”

And the roll being called:

Yeas 20, Nays 49, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Carson; Davis; Dennert; DeVries; Hackl; Hargens; Howie; Jerke; Juhnke; Koistinen; Novstrup (Al); Olson (Betty); Olson (Russell); Pitts; Steele; Wick; Speaker Deadrick

Nays:
Ahlers; Bradford; Burg; Cutler; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Halverson; Hanks; Haverly; Heineman; Hills; Hunt; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (David); Nygaard; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen

Excused:
Elliott

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

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

REPORTS OF STANDING COMMITTEES

The Committee on Transportation respectfully reports that it has had under consideration HB 1189 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 19 of the printed bill, delete " before " .

On page 2 , line 20, delete " July 1, 2008, " .

On page 2 , after line 20, insert:

" Section 5. Enforcement of booster seat violations by state or local law enforcement agencies shall be accomplished as a secondary action.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1197 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill, delete " with a " .

On page 1, line 8, delete " manufacturer's statement of origin " .

On page 4 , after line 13, insert:

" Section 11. That chapter 34-34A be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act only apply to a manufactured home for which a manufacturer's statement of origin has not been transferred, or a manufactured home for which title was issued from the manufacturer's statement of origin or manufacturer's certificate of origin and ownership is still in the name of the first person who took title to the manufactured home.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the Senate Taxation Committee engrossed bill, before "as" delete " notice to quit " and insert "writ of possession".

On page 1 , line 10, before " by " delete " notice to quit " and insert "writ of possession".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 109 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

MESSAGES FROM THE SENATE

I have the honor to transmit herewith SB 173 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 173: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of real property, to revise certain tax levy limitations for schools, to revise certain provisions regarding property tax levies for school districts, and to repeal the nonagricultural acreage classification.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1266: FOR AN ACT ENTITLED, An Act to allow a home school student to partially enroll in the student's resident school district or in another school district under certain circumstances and to clarify certain testing requirements for students who are partially enrolled.

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

The question being “Shall HB 1266 pass as amended?”

And the roll being called:

Yeas 47, Nays 22, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Burg; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Koistinen; Krebs; Miles; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Putnam; Rave; Rhoden; Rounds; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Weems; Wick; Speaker Deadrick

Nays:
Ahlers; Bradford; Carson; Cutler; Engels; Feinstein; Haverly; Kirkeby; Lucas; Lust; McLaughlin; Moore; Nelson; Noem; Pederson (Gordon); Peters; Pitts; Rausch; Sigdestad; Vanneman; Vehle; Willadsen

Excused:
Elliott

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 1032: FOR AN ACT ENTITLED, An Act to make an appropriation to fund a dental externship program.

Was read the second time.

The question being “Shall HB 1032 pass as amended?”

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

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

Excused:
Elliott

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 1060: FOR AN ACT ENTITLED, An Act to authorize the Department of Corrections to purchase real property, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1060 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; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Lucas; Van Norman

Excused:
Elliott

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 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.

Was read the second time.

Rep. Tidemann moved that HB 1131 be amended as follows:

On page 1, line 11 of the House Appropriations Committee engrossed bill, after " annual " insert " South Dakota ".

On page 1 , line 11, delete " sales as " and insert " and gasoline blend sales as determined in section 2 of this Act ".

On page 1 , delete line 12 .

On page 1 , line 13, delete " Service " .

On page 2 , line 2, after " ~~year,~~ " insert " as determined in section 2 of this Act ".

On page 2 , line 6, after " Program. " insert " Notwithstanding any other provisions of this Act, the total amount of unclaimed motor fuel tax refunds to be transferred to the coordinated soil and water conservation fund, may not exceed two million five hundred thousand dollars in any single fiscal year. ".

On page 2 , between lines 6 and 7, insert:

"
Section 2. For purposes of section 1 of this Act, the amount of unclaimed tax refunds from the sale of motor fuel for nonhighway agricultural purposes in any fiscal year is determined as provided in this section. The number of gallons of gasoline and gasoline blend sales in South Dakota in accordance with section 1 of this Act, is twelve percent of the gasoline and gasoline blend usage by the plains states as reported in the USDA-NASS Farm Production Expenditures Annual Summary Report. The number of gallons of gasoline and gasoline blend used in South Dakota for agricultural purposes is the amount of money spent on gasoline and gasoline blend in South Dakota for agricultural purposes divided by the average price of gasoline as published by the Energy Information Administration. The number of gallons of gasoline and gasoline blend purchased for nonhighway agricultural purposes is fifty percent of the gallons purchased in South Dakota in accordance with section 1 of this Act. That amount multiplied by the tax rate pursuant to § 10-47B-4 is the amount of tax that is eligible to be refunded by the Department of Revenue and Regulation. The amount of money eligible for refunds less the actual amount of refunds paid by the Department of Revenue and Regulation is the total amount of unclaimed refunds.".

On page 3 , delete lines 1 to 7 , inclusive, and insert "conservation fund ~~an amount~~ equal to thirty-five percent of the claimed refunds authorized by § 10-47B-119 for the preceding month, not to exceed a cumulative total of one million five hundred thousand dollars in any single fiscal year the amount calculated pursuant to section 2 of this Act ;".

Rep. Wick moved as a substitute motion that HB 1131 be amended as follows:

On page 2 of the House Appropriations Committee engrossed bill, remove the overstrikes from line 2 .

On page 2 , line 2, overstrike " one million five hundred " and insert " seven hundred fifty ".

On page 3 , line 5, remove the overstrikes from " ~~preceding~~ " .

On page 3 , remove the overstrikes from line 6 .

On page 3 , line 6, overstrike " one million five hundred " and insert " seven hundred fifty ".

On page 3 , line 7, remove the overstrikes from " ~~in any single~~ " .

Which motion lost.

The question being on Rep. Tidemann's motion that HB 1131 be amended.

Which motion prevailed.

Rep. Hargens moved that HB 1131 be further amended as follows:

On page 4, line 1 of the House Appropriations Committee engrossed bill, overstrike " to conservation districts " .

Which motion prevailed.

The question being “Shall HB 1131 pass as amended?”

And the roll being called:

Yeas 61, Nays 8, Excused 1, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; 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; Van Etten; Van Norman; Vanneman; Vehle; Speaker Deadrick

Nays:
Hanks; Kirkeby; Pederson (Gordon); Rounds; Turbiville; Weems; Wick; Willadsen

Excused:
Elliott

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 1249: FOR AN ACT ENTITLED, An Act to establish the teen court grant program and to provide for its purpose.

Was read the second time.

Rep. Turbiville moved that HB 1249 be deferred to Wednesday, February 14^th, the 26^th legislative day.

Which motion prevailed.

HB 1169: FOR AN ACT ENTITLED, An Act to establish the Zaniya Project Task Force, to prescribe its mission and composition, and to declare an emergency.

Was read the second time.

Rep. Dykstra moved that HB 1169 be amended as follows:

On page 1, line 13 of the House State Affairs Committee engrossed bill, after " appoint " insert "at least".

On page 1 , line 13, after " House " insert ", with at least one member from each political party,".

On page 1 , line 14, after " appoint " insert "at least".

On page 1 , line 14, after " Senate " insert ", with at least one member from each political party".

On page 2 , delete lines 7 and 8 , and insert:

"

(6) Lay persons;

(7) Trade associations; and

(8) Tribal health professionals.".

Which motion prevailed.

The question being “Shall HB 1169 pass as amended?”

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Dennert; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; 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; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

Nays:
Buckingham; Davis; DeVries; Hackl; Koistinen; Rounds; Wick

Excused:
Elliott; Gillespie; Lucas

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 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the confidentiality of the juvenile corrections monitor report.

Was read the second time.

The question being “Shall HB 1209 pass as amended?”

And the roll being called:

Yeas 60, Nays 3, Excused 7, Absent 0

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

Nays:
Engels; Feinstein; Nygaard

Excused:
Buckingham; Elliott; Gillespie; Lucas; Moore; Peters; Tidemann

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 1200: FOR AN ACT ENTITLED, An Act to increase the penalty for multiple violations of disorderly conduct.

Was read the second time.

The question being “Shall HB 1200 pass as amended?”

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

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

Nays:
Bradford; Hackl; Van Norman

Excused:
Elliott; Gillespie; Lucas; Weems

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 1222: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to petitions for protection orders.

Was read the second time.

Rep. Hargens moved that HB 1222 be deferred to Wednesday, February 14^th, the 26^th legislative day.

Which motion prevailed.

HB 1277: FOR AN ACT ENTITLED, An Act to allow temporary contractual agreements between certain school districts to exist for an additional year.

Was read the second time.

The question being “Shall HB 1277 pass?”

And the roll being called:

Yeas 52, Nays 15, Excused 3, Absent 0

Yeas:
Ahlers; Bradford; Brunner; Burg; Carson; Davis; Dennert; DeVries; Engels; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pitts; Putnam; Rausch; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Norman; Vanneman; Vehle; Wick; Willadsen; Speaker Deadrick

Nays:
Boomgarden; Buckingham; Cutler; Dreyer; Dykstra; Faehn; Heineman; Lust; McLaughlin; Pederson (Gordon); Peters; Rave; Tidemann; Van Etten; Weems

Excused:
Elliott; Gillespie; Lucas

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 1256: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2007 regarding appropriations to the Office of School and Public Lands, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1256 pass?”

And the roll being called:

Yeas 59, Nays 8, Excused 3, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Faehn; Gassman; Gilson; Hackl; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Burg; Engels; Feinstein; Glenski; Halverson; Miles; Moore; Sigdestad

Excused:
Elliott; Gillespie; Lucas

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Rhoden moved that SB 17, 39, 7, 15, 94, 83, 96, and 89 be deferred to Wednesday, February 14^th, the 26^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1033, 1034, 1075, 1163, and 1235 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1010, 1023, 1027, 1039, 1105, 1112, 1118, 1121, 1130, 1143, and 1204 were delivered to his Excellency, the Governor, for his approval at 2:45 p.m., February 13, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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

HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the data submission requirements for the state accreditation of schools.

HB 1075: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1008 Introduced by: Representatives Vehle, Burg, Carson, Jerke, McLaughlin, Pitts, and Vanneman and Senator Olson (Ed)

A LEGISLATIVE COMMEMORATION, Commending and honoring Linda Margheim of the Mitchell School District Board of Education on her selection as the 2006-2007 Associated School Boards of South Dakota Outstanding School Board Member.

WHEREAS, Linda Margheim is in her twelfth year as a member of the Mitchell Board of Education and she is currently serving as the board president; and

WHEREAS, Linda Margheim has been a leading voice for improving student achievement for students in the Mitchell School District and has lead efforts to improve teacher quality through focused professional development; and

WHEREAS, Linda Margheim served as a bridge between the school and the community to secure additional financial resources to maintain vital educational programs:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-second Legislature of the State of South Dakota, that Linda Margheim of Mitchell, South Dakota, be congratulated on her selection as the 2006-2007 Associated School Boards of South Dakota Outstanding School Board Member and be commended for her continuing efforts to improve the educational opportunities available to the children of our state.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:23 p.m. the House adjourned.

Karen Gerdes, Chief Clerk