JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



TWENTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 15, 2007

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

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House pages Jennifer Mellette and Erin Simpfenderfer.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-sixth 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.
    HOUSE PAGE RESOLUTION 3 Introduced by: Representatives Ahlers; Boomgarden; Bradford; Brunner; Buckingham; 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; Willadsen.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-second Legislature of the State of South Dakota to Tyler Brandriet, Joseph Brandt, Katy Duffy, Jamison Lamp, Mandy McGriff, Jennifer Mellette, Hope Paulson, Jordan Schander, Martha Seppanen, Erin Simpfenderfer, Nadine Torberson.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-second Legislative Session; and

    WHEREAS, the members of the Eighty-second House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- second Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

    Rep. Rhoden moved that House Page Resolution 3 be adopted.

    Which motion prevailed and the resolution was adopted.

COMMUNICATIONS AND PETITIONS


February 14, 2007

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 14, 2007, I approved House Bills 1010, 1023, 1027, 1039, 1105, 1112, 1118, 1121, 1130, 1143, and 1204, 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 9 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 SB 8 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1061, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1061ua
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. The Department of Health may offer human papillomavirus (HPV) vaccine to any woman who is at least eleven years of age and less than nineteen years of age to help protect against the virus that causes cervical cancer at an estimated cost of nine million two hundred thousand dollars. The department may expend up to four hundred thousand dollars of general funds and seven million five hundred thousand dollars of federal fund authority from its fiscal year 2007 budget.

     Section 2. The Department of Social Services shall transfer one million three hundred thousand dollars of general funds to the Department of Health to provide additional funding for this initiative.

     Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


1061uta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "offer a human papillomavirus (HPV) vaccination initiative, to transfer funds, and to declare an emergency.".

     On page 1 , delete line 2 .

     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 1246, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1246mb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. There is hereby appropriated from the general fund the sum of four hundred ninety five thousand four hundred eighty nine dollars ($ 495,489 ), or so much thereof as may be necessary, six hundred forty thousand dollars ($ 640,000 ) in other fund expenditure authority, or so much thereof as may be necessary, and 6.0 FTEs to the Department of Human Services for costs related to the intensive methamphetamine treatment program in the women's state correctional system.

     Section 2. There is hereby appropriated from the general fund the sum of ninety-six thousand one hundred fifty-one dollars ($ 96,151 ), or so much thereof as may be necessary, five hundred forty-four thousand one hundred two dollars ($ 544,102 ) in other fund expenditure authority, or so much thereof as may be necessary, and 9.0 FTEs to the Department of Corrections for costs related to the intensive methamphetamine treatment program in the women's state correctional system.

     Section 3. There is hereby appropriated from the general fund the sum of fifty one thousand one hundred thirty-six dollars ($ 51,136 ) in other fund expenditure authority, or so much thereof as may be necessary, and 1.0 FTE to the Department of Health for costs related to the intensive methamphetamine treatment program in the women's state correctional system.

     Section 4. The secretary of the Department of Human Services, the secretary of the Department of Corrections, or the secretary of the Department of Health shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 5. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2008, shall revert in accordance with §  4-8-21."


1246mtb
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "make an appropriation for the costs related to the intensive methamphetamine treatment program in the women's state correctional system.".

     On page 1 , delete line 2 .

     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 1066 and 1083, and tabled the same.

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

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1308 and returns the same with the recommendation that said bill be amended as follows:

1308fa
     On page 3 of the printed bill, delete lines 15 to 19 , inclusive, and insert:

"

     Notwithstanding the provisions §  10-6-74 and § §  10-6-33.14 to 10-6-33.18, inclusive, for the taxes payable in 2009, 2010, 2011, 2012, and 2013, no property's valuation may increase more than fifteen percent per year. However, if the property was changed to another classification of property or any improvement or addition was made to the property, this section does not apply.".

1308fb
     On page 5, after line 20 of the printed bill, insert:

"
     Section 13. That § 13-37-16 be amended to read as follows:

     13-37-16.   For taxes payable in 1997, and each year thereafter, the school board shall levy no more than one dollar and forty cents per thousand dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount so determined to be necessary, and such levy shall be spread against all of the taxable property of the district. The proceeds derived from such levy shall constitute a school district special education fund of the district for the payment of costs for the special education of all children in need of special education or special education and related services who reside within the district pursuant to the

provisions of §§ 13-37-8.2 to 13-37-8.10, inclusive. The levy in this section shall be based on valuations such that the median level of assessment represents 85% of market value as determined by the Department of Revenue and Regulation. The total amount of taxes that would be generated at the levy pursuant to this section shall be considered local effort. Money in the special education fund may be expended for the purchase or lease of any assistive technology that is directly related to special education and specified in a student's individualized education plan. This section does not apply to real property improvements.

     For taxes payable in 2009, the total amount of revenue payable from the levy provided in this section may not increase more than the lesser of three percent or the index factor, as defined in §  10-13-38, over the maximum amount of revenue that could have been generated for the taxes payable in 2008. After applying the index factor, a school district may increase the revenue payable from taxes on real property above the limitations provided by this section by the percentage increase of value resulting from any improvements or change in use of real property, annexation, minor boundary changes, and any adjustments in taxation of real property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except §  10-6-31.4, only if assessed the same as property of equal value.

     Any school district created or reorganized after January 1, 2007, is exempt from the limitation provided by this section for a period of two years immediately following its creation.

     For taxes payable in 2010, 2011, 2012, and 2013, the total amount of revenue payable from the levy provided in this section may not increase more than the lesser of three percent or the index factor, as defined in §  10-13-38, over the maximum amount of revenue that could have been generated for the taxes payable in 2008 plus any unused index factor from the previous years. After applying the index factor, a school district may increase the revenue payable from taxes on real property above the limitations provided by this section by the percentage increase of value resulting from any improvements or change in use of real property, annexation, minor boundary changes, and any adjustments in taxation of real property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except §  10-6-31.4, only if assessed the same as property of equal value.

     For taxes payable in 2009, 2010, 2011, 2012, and 2013, the levy limitation of one dollar and forty cents per thousand dollars of taxable valuation does not apply to any school district.

     Section 14. That § 13-37-35.1 be amended to read as follows:

     13-37-35.1.   Terms used in chapter 13-37 mean:

             (1)      "Level one disability," a mild disability;
             (2)      "Level two disability," a mental retardation or emotional disorder;
             (3)      "Level three disability," hearing impairment, deafness, visual impairment, deaf- blindness, orthopedic impairment, or traumatic brain injury;
             (4)      "Level four disability," autism;
             (5)      "Level five disability," multiple disabilities;
             (5A)      "Level six disability," prolonged assistance;
             (6)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of

the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

             (7)      "Local effort," shall be calculated for taxes payable in 2006 and thereafter using a special education levy of one dollar and twenty cents per one thousand dollars of valuation 2009, 2010, 2011, 2012, and 2013, as six-sevenths of the amount that could have been generated pursuant to §  13-37-16 ;
             (8)      "Allocation for a student with a level one disability ," for the school fiscal year beginning July 1, 2004, is $ 3,533.13. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (9)      "Allocation for a student with a level two disability ," for the school fiscal year beginning July 1, 2004, is $ 8,277.21. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (10)      "Allocation for a student with a level three disability ," for the school fiscal year beginning July 1, 2004, is $ 12, 580.73. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (11)      "Allocation for a student with a level four disability ," for the school fiscal year beginning July 1, 2004, is $ 12, 001.80. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (12)      "Allocation for a student with a level five disability ," for the school fiscal year beginning July 1, 2004, is $ 15, 882.21. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (12A)      "Allocation for a student with a level six disability ," for the school fiscal year beginning July 2004, is $8,122.23. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;
             (13)      "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules promulgated pursuant to § 13-37-1.1;
             (14)      "Average daily membership," the average number of kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year plus the average number of pupils for whom the district pays tuition;
             (15)      "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;
             (16)      "Nonpublic average daily membership," the average number of children under age sixteen who are approved for alternative instruction pursuant to § 13-27-2 during the previous school year plus:
             (a)      For nonpublic schools located within the boundaries of a public school district with an average daily membership of six hundred or more during the previous school year, the average number of kindergarten through twelfth grade pupils

enrolled during the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

             (b)      For nonpublic schools located within the boundaries of a public school district with an average daily membership of less than six hundred during the previous school year, the average number of resident kindergarten through twelfth grade pupils enrolled during the previous school year in all nonpublic schools located within the State of South Dakota;
             (17)      "Special education average daily membership," average daily membership plus nonpublic average daily membership;
             (18)      "Local need," an amount to be determined as follows:
             (a)      Multiply the special education average daily membership by 0.1013 and multiply the result by the allocation for a student with a level one disability;
             (b)      Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;
             (c)      Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;
             (d)      Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;
             (e)      Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;
             (f)      Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;
             (g)      Sum the results of (a) through (f);
             (19)      "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.20. The maximum effort factor is for taxes payable 2009, 2010, 2011, 2012, and 2013 shall be 1.0. ".

1308fta
     On page 1, line 3 of the printed bill, after " for " insert "special education and".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1274 and 1304 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Joel D. Dykstra, Chair

 Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1126 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 1125 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 1232 and 1264 and tabled the same.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1133, which was reconsidered, and 1303, which was removed from the table, 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 HCR 1003 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1024, 1025, 1040, 1071, 1078, 1079, 1089, 1099, 1114, 1122, 1136, 1154, 1160, 1165, 1175, 1257, and 1259 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1016, 1117, and 1119 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 3 and 132 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretray

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that when we adjourn today, we adjourn to reconvene at 2:00 p.m. on Tuesday, February 20th, the 28th legislative day and, pursuant to Article III, Section 16 of the South Dakota Constitution, give consent to the Senate to do the same.

     Which motion prevailed.

     Yesterday, Rep. Lucas announced his intention to reconsider the vote by which HB 1149 lost.

     No member moved to reconsider the vote by which HB 1149 lost.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1171 as found on pages 510 to 514 of the House Journal ; also

     Commerce on SB 70 as found on pages 514 to 516 of the House Journal ; also

     Appropriations on HB 1250 as found on pages 516 and 517 of the House Journal ; also

     Appropriations on HB 1258 as found on pages 517 and 518 of the House Journal ; also

     Appropriations on HB 1271 as found on pages 518 and 519 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     There being no objection, the House reverted to Order of Business No. 7.


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has passed a motion that when we adjourn today, we adjourn to reconvene at 2:00 p.m. on Tuesday, February 20th, the 28th Legislative day and, pursuant to Article III, Section 16 of the South Dakota Constitution, gives consent to the House to do the same.

Respectfully,
Trudy Evenstad Secretary

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 3:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the circulation and signing of initiative and referendum petitions and to provide a penalty for violation thereof.

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

     SB 132:   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 first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 64:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the consideration of assets for the purpose of long term care eligibility.

     Was read the second time.

     The question being “Shall SB 64 pass as amended?”

     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.

     SB 65:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reimbursement for medical assistance made by certain insurers to the state.

     Was read the second time.

     The question being “Shall SB 65 pass as amended?”

     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 1248:   FOR AN ACT ENTITLED, An Act to   provide information to owners of certain property that had a significant increase in the assessed valuation of the property.

     Was read the second time.

     The question being “Shall HB 1248 pass as amended?”


     And the roll being called:

     Yeas 44, Nays 26, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; DeVries; Dreyer; Dykstra; Elliott; Faehn; Gilson; Glenski; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Juhnke; Kirkeby; Koistinen; Lust; McLaughlin; Miles; Moore; Nelson; Olson (Ryan); Pitts; Putnam; Rausch; Rhoden; Steele; Tidemann; Van Etten; Van Norman; Vanneman; Vehle; Wick; Willadsen; Speaker Deadrick

     Nays:
Davis; Dennert; Engels; Feinstein; Gassman; Gillespie; Hargens; Hunt; Jerke; Krebs; Lucas; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Rave; Rounds; Sigdestad; Street; Thompson; Turbiville; 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 1302:   FOR AN ACT ENTITLED, An Act to   revise the requirements for certain on-sale alcoholic beverage licenses.

     Was read the second time.

1302rb

     Rep. Vehle moved that HB 1302 be amended as follows:

     On page 1, line 14 of the House Local Government Committee engrossed bill, delete " July 1, 2008 " and insert "January 1, 2009".

     Which motion prevailed.

     The question being “Shall HB 1302 pass as amended?”

     And the roll being called:

     Yeas 55, Nays 15, Excused 0, Absent 0

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


     Nays:
Bradford; Davis; Gassman; Hackl; Hargens; Hills; Hunt; Moore; Olson (Betty); Pederson (Gordon); Rounds; Sigdestad; Turbiville; Van Norman; 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 1082:   FOR AN ACT ENTITLED, An Act to   revise the funding of K-12 education in the state.

     Was read the second time.

     Rep. Heineman moved that HB 1082 be deferred to Tuesday, February 20th, the 28th legislative day.

     Which motion prevailed.

     HB 1141:   FOR AN ACT ENTITLED, An Act to   create the heath and safety facility equity program to assist certain school districts with critical need for capital construction.

     Was read the second time.

     The question being “Shall HB 1141 pass as amended?”

     And the roll being called:

     Yeas 54, Nays 16, Excused 0, Absent 0

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

     Nays:
Ahlers; Boomgarden; Dreyer; Dykstra; Gassman; Gillespie; Glenski; Hargens; Hunt; Lucas; Miles; Moore; Pederson (Gordon); Rave; Van Norman; Speaker Deadrick

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

     The question being on the title.


     Rep. Buckingham moved that the title to HB 1141 be amended as follows:

     On page 1, line 1 of the House Education Committee engrossed bill, delete " heath " and insert "health".

     Which motion prevailed and the title was so amended.

     HB 1307:   FOR AN ACT ENTITLED, An Act to   appropriate money to pay for the development of end of course exams.

     Was read the second time.

     The question being “Shall HB 1307 pass as amended?”

     And the roll being called:

     Yeas 46, Nays 24, Excused 0, Absent 0

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

     Nays:
Ahlers; Bradford; Burg; Davis; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Kirkeby; Lucas; Miles; Moore; Nelson; Nygaard; Pederson (Gordon); Sigdestad; Street; Thompson; Van Norman

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

     Rep. Ryan Olson announced his intention to reconsider the vote by which HB 1307 lost.

     HB 1067:   FOR AN ACT ENTITLED, An Act to   revise certain reversion provisions regarding an appropriation to the South Dakota Energy Infrastructure Authority.

     Was read the second time.

     The question being “Shall HB 1067 pass as amended?”

     And the roll being called:

     Yeas 69, Nays 1, 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); 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

     Nays:
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 1101:   FOR AN ACT ENTITLED, An Act to   make an appropriation to support the South Dakota Hall of Fame.

     Was read the second time.

     The question being “Shall HB 1101 pass as amended?”

     And the roll being called:

     Yeas 64, Nays 6, Excused 0, Absent 0

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

     Nays:
Dykstra; Engels; Hackl; Hanks; Moore; Peters

     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 1138:   FOR AN ACT ENTITLED, An Act to   appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

     Was read the second time.


     The question being “Shall HB 1138 pass as amended?”

     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 two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1176:   FOR AN ACT ENTITLED, An Act to   establish international trade representation and stimulate economic development.

     Was read the second time.

     The question being “Shall HB 1176 pass as amended?”

     And the roll being called:

     Yeas 59, Nays 11, Excused 0, Absent 0

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

     Nays:
Bradford; Davis; Dennert; DeVries; Engels; Glenski; Hargens; Miles; Olson (Betty); Street; 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 1205:   FOR AN ACT ENTITLED, An Act to   provide funds to the state technical institutes.

     Was read the second time.

     The question being “Shall HB 1205 pass as amended?”

     And the roll being called:

     Yeas 69, Nays 1, 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; 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

     Nays:
Hackl

     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 1279:   FOR AN ACT ENTITLED, An Act to   create a task force to study permanent funding options for the state technical institutes, to provide for its composition, and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1279 pass as amended?”

     And the roll being called:

     Yeas 60, Nays 10, Excused 0, Absent 0

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


     Nays:
Bradford; Buckingham; Gillespie; Hanks; Hargens; Heineman; Hunt; Moore; Rave; Rounds

     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 1189:   FOR AN ACT ENTITLED, An Act to   require certain children to be in booster seats when in motor vehicles.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1189 pass as amended?”

     And the roll being called:

     Yeas 37, Nays 33, Excused 0, Absent 0

     Yeas:
Ahlers; Burg; Carson; Cutler; Dennert; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Hills; Jerke; Krebs; Lucas; Lust; McLaughlin; Miles; Nygaard; Olson (Russell); Putnam; Rave; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Bradford; Brunner; Buckingham; Davis; DeVries; Dreyer; Faehn; Gilson; Hackl; Hanks; Haverly; Heineman; Howie; Hunt; Juhnke; Kirkeby; Koistinen; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rhoden; Rounds; Turbiville; Wick

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

     HB 1197:   FOR AN ACT ENTITLED, An Act to   allow the Department of Public Safety to regulate installers of manufactured homes and to allow the department to establish an installation inspection program.

     Was read the second time.

     The question being “Shall HB 1197 pass as amended?”

     And the roll being called:

     Yeas 53, Nays 17, Excused 0, Absent 0

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

     Nays:
Boomgarden; Bradford; Buckingham; Davis; DeVries; Dreyer; Faehn; Heineman; Howie; Juhnke; Kirkeby; Olson (Betty); Pitts; Putnam; Rhoden; Turbiville; Van Etten

     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 1036:   FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse certain school districts for consolidation incentives.

     Was read the second time.

     The question being “Shall HB 1036 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 two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1063:   FOR AN ACT ENTITLED, An Act to   make an appropriation for maintenance and repair projects of the Board of Regents deemed critical to facility safety and function.

     Was read the second time.

     The question being “Shall HB 1063 pass?”

     And the roll being called:

     Yeas 67, Nays 3, 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; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; 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

     Nays:
Kirkeby; Moore; Olson (Betty)

     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 1072:   FOR AN ACT ENTITLED, An Act to   create a statewide 24/7 sobriety program, establish the 24/7 sobriety fund, and to make an appropriation therefor.

     Was read the second time.

1072rc

     Rep. Gillespie moved that HB 1072 be amended as follows:

     On page 3, line 23 of the House Judiciary Committee engrossed bill, after " Act " insert " in those areas where 24/7 sobriety testing is available ".

     On page 4 , line 1, delete everything after " . " .

     On page 4 , delete line 2 .

     Which motion prevailed.

      The question being “Shall HB 1072 pass as amended?”

     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 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, 89, 125, 25, and 62 be deferred to Tuesday, February 20th, the 28th 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 1113, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1113ca
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     No school district may grant credit for any course successfully completed through distance learning as defined in § 13-33-20 unless the course is offered through the South Dakota Virtual High School.
     However, a school district may grant credit for a distance learning course offered through an entity other than the South Dakota Virtual High School if any of the following conditions apply:

             (1)    The course is provided through an agreement among accredited school districts;
             (2)    The course is a university course taken by a student who is dually enrolled pursuant to the provisions of § 13-28-37;
             (3)    The course was previously taken through an accredited high school or other accredited provider by a student who subsequently transferred into the school district; or
             (4)    The course is not available through the South Dakota Virtual High School and is pre- approved by the secretary of education."

1113cta
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "prohibit school districts from granting credit for distance learning courses offered through entities other than the South Dakota Virtual High School.".

     On page 1 , delete line 2 .

     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 1268 and returns the same with the recommendation that said bill be amended as follows:

1268ca
     On page 1, line 3 of the printed bill, delete " hundred " and insert "dollar ($1)".

     On page 1 , line 4, delete " thousand dollars ($100,000) " .

     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 1276 and returns the same with the recommendation that said bill be amended as follows:

1276cd
     On the printed bill, delete everything after the enacting clause and insert:
"      Section 1. There is hereby created a special high school district known as the Prairie High School District. The primary purpose of the special high school district is to provide a high school education to students located in rural areas of the state through the use of technology, teachers, and tutors.
     The Prairie High School District shall meet the following requirements:

             (1)    The special high school district shall educate, primarily through the use of technology, any South Dakota student in grades nine through twelve who chooses to enroll;

             (2)    The special high school district may have no physical boundaries and may not contain any real property subject to ad valorem taxes pursuant to chapter 10-4; and

             (3)    The special high school district shall have attendance centers that are equipped with the technology necessary to provide distance learning as defined in § 13-33-20 to high school students, and are located in or adjacent to existing public attendance centers that serve students in kindergarten through eighth grade.

     Section 2. Any student attending an attendance center operated by the Prairie High School District shall be accounted for and identified in the same manner as any other student attending a public school in South Dakota.

     Section 3. The Prairie High School District is entitled to receive foundation program state aid distributed to school districts in accordance with the provisions of chapter 13-13, and state aid for special education distributed to school districts in accordance with the provisions of chapter 13-37. For the purposes of calculating foundation program state aid pursuant to chapter 13-13, the adjusted average daily membership of the Prairie High School District is equal to its average daily membership.

     Section 4. The Prairie High School District is not entitled to receive funds from any county general school fund distributed pursuant to § 13-13-5, the net proceeds of any fines and pecuniary penalties distributed pursuant to § 23A-27-25, the proceeds from any gross receipts taxes distributed pursuant to § 10-33-24 or 10-36-10, the proceeds from any bank franchise taxes distributed pursuant to § 10-43-77, or the net proceeds from any mobile home taxes distributed pursuant to § 10-9-14. For purposes of distributing funds pursuant to S.D. Const., Art. VIII, Sect. 3, the Prairie High School District is not a public school corporation.

     Section 5. Notwithstanding the provisions of chapters 13-7 and 13-8, the secretary of education shall appoint the president of the school board of the Prairie High School District, and the president shall appoint at least four, but no more than eight, additional school board members.

     Section 6. Notwithstanding the provisions of § 13-36-7, no student enrolled in the Prairie High School District is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association.

     Section 7. Since the Prairie High School District may not levy taxes to establish any special funds, the special high school district may use general funds to pay for expenses that in other

school districts are paid from the special education fund pursuant to § 13-37-16 or the capital outlay fund pursuant to § 13-16-6.

     Section 8. Except as provided in this Act, the Prairie High School District is subject to all laws under Title 13 and all rules authorized under Title 13 that govern public high schools and school districts in the state.

     Section 9. The South Dakota Board of Education shall promulgate rules, pursuant to chapter 1-26, to define the technological needs of each of the attendance centers, to establish the procedures and timelines for the selection of the school board president and the other school board members, and to establish other policies and procedures necessary to allow the special high school district to fulfill its intended purpose."


1276cta
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "create the Prairie High School District.".

     On page 1 , delete line 2 .

     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 1290 and returns the same with the recommendation that said bill be amended as follows:

1290ra
     On page 1, line 10 of the printed bill, after " . " insert "The nine representatives of the tribes shall be appointed from nominations submitted by the tribal councils of each of the tribes.".

     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 1291 and returns the same with the recommendation that said bill be amended as follows:

1291cb
     On page 1, line 5 of the printed bill, delete " two-thirds " and insert "four-fifths".

     On page 1 , line 9, after " goals " insert ", teacher performance,".

     On page 1 , line 9, after " compensation " insert "or other specific district requirements as approved by the department".
     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  1221 and 1300 and tabled the same.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1146 and 1273 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1255 was lost on second reading and final passage.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1019, 1021, 1024, 1025, 1040, 1071, 1078, 1079, 1089, 1099, 1114, 1122, 1136, 1154, 1160, 1165, 1175, 1257, and 1259 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1020, 1033, 1034, 1035, 1037, 1038, 1051, 1052, 1053, 1054, 1075, 1163, and 1235 were delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 15, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair
SIGNING OF BILLS


     The Speaker publicly read the title to

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

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

     HB 1024: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding application for game and fish licenses and preference points.

     HB 1025: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the definition of predator/varmint and predator/varmint licenses.

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

     HB 1071: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the title of initiated measures and the filing of initiated measures.

     HB 1078: FOR AN ACT ENTITLED, An Act to  allow tribal agencies that provide child welfare services to obtain results from a check of the central registry for abuse and neglect.

     HB 1079: FOR AN ACT ENTITLED, An Act to  establish certain provisions regarding the child abuse and neglect central registry.

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

     HB 1099: FOR AN ACT ENTITLED, An Act to  authorize certain domestic limited liability companies and partnerships to be registered agents of foreign corporations.

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

     HB 1122: FOR AN ACT ENTITLED, An Act to  revise and update the references to the building codes.

     HB 1136: FOR AN ACT ENTITLED, An Act to  allow certain disabled bow hunters to use special equipment to operate the bow.

     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.


     HB 1160: FOR AN ACT ENTITLED, An Act to  repeal the requirement for physician involvement in the execution of a sentence of death by eliminating certain specified roles.

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

     HB 1175: FOR AN ACT ENTITLED, An Act to  provide for the substances used in the execution of a sentence of death and to allow the choice of the substances used in an execution under certain circumstances.

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

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

     SB 18: FOR AN ACT ENTITLED, An Act to  revise the chiropractic scope of practice.

     SB 35: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the licensing and regulation of technical professionals.

     SB 38: FOR AN ACT ENTITLED, An Act to  define expansion of an existing building or structure for purposes of the tax refund program for the construction of agricultural processing and new business facilities.

     SB 49: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the Board of Counselor Examiners' authority to promulgate rules regarding marriage and family therapy.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:49 p.m. the House adjourned.

Karen Gerdes, Chief Clerk