JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




TWENTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 20, 2007

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

     The prayer was offered by the Chaplain, Rev. Greg Kroger, followed by the Pledge of Allegiance led by House page Kourtney Minish.

     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-seventh day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

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

    Lee Bennett, Allyson Billion, Daniel Gustafson, Kara Marks, Kourtney Minish, Alison Park, Kristin Thorson, Brittney Traxinger, Ann Ziegler

    Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS


February 15, 2007

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 15, 2007, I approved House Bill 1233 and the same has 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 Appropriations respectfully reports that it has had under consideration SB 60 and 86 and returns the same with the recommendation that said bills do pass.

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

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  32, 33, 67, 68, and 195 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1152, 1153, and 1226 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 59, 108, 157, 169, 174, 196 and 218 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Cutler moved that the House do concur in Senate amendments to HB 1016.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1016.

     And the roll being called:

     Yeas 65, Nays 5, Excused 0, Absent 0

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

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


     Rep. David Novstrup moved that the House do concur in Senate amendments to HB 1117.

     The question being on Rep. David Novstrup's motion that the House do concur in Senate amendments to HB 1117.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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:
Hargens

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

     Rep. Lust moved that the House do concur in Senate amendments to HB 1119.

     The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1119.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; 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:
Gillespie


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

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

     Rep. Ryan Olson moved that the House do now reconsider the vote by which HB 1307 lost.

     The question being on Rep. Ryan Olson's motion to reconsider the vote by which HB 1307 lost.

     And the roll being called:

     Yeas 41, Nays 29, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; DeVries; 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); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

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

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1307 was up for reconsideration and final passage.

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

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

1307cb

     Rep. Ryan Olson moved that HB 1307 be amended as follows:

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

"
     Section 1. The Department of Education shall develop end of course exams."



     Which motion prevailed.

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

     And the roll being called:

     Yeas 44, Nays 26, Excused 0, Absent 0

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

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

     The question being on the title.

     Rep. Ryan Olson moved that the title to HB 1307 be amended as follows:

     On page 1, line 1 of the House Education Committee engrossed bill, delete " appropriate money to pay " and insert "provide".

     Which motion prevailed and the title was so amended.

     HCR 1008   Introduced by:  Representatives Lucas, Bradford, DeVries, and Vanneman and Senators Bartling, Garnos, and Two Bulls

         A CONCURRENT RESOLUTION,  Requesting the Department of Transportation to pursue the necessary steps to connect portions of State Highway 63 in Mellette County.

     WHEREAS,  there are 6.9 miles of a county highway north of Norris that currently connect two portions of State Highway 63 and that also connect State Highway 63 with State Highway 44; and

     WHEREAS,  this 6.9 miles of highway is a very heavily traveled stretch of highway with over four hundred vehicles per day traveling on this section of highway; and

     WHEREAS,  the White River School District runs two bus routes on this section of highway twice a day and the poor condition of the highway causes concerns for the safety of students and for the wear and tear on school buses; and

     WHEREAS,  load limits on this section of highway prevent area agricultural producers from getting their products to the market of their choice; and

     WHEREAS,  Mellette County does not own the equipment necessary to maintain this asphalt highway and finds it to be a great financial hardship to resurface this highway; and

     WHEREAS,  the safety of travelers requires this section of highway to be improved very soon:

     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 Department of Transportation pursue the necessary steps to place 6.9 miles of a county highway north of Norris, South Dakota, on the state trunk highway system to provide a continuous route for State Highway 63 in Mellette County and to provide for the needed maintenance of this section of highway.

     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

     Appropriations on HB 1061 as found on pages 537 and 538 of the House Journal ; also

     Appropriations on HB 1246 as found on pages 538 and 539 of the House Journal ; also

     Taxation on HB 1308 as found on pages 539 to 542 of the House Journal ; also

     Education on HB 1113 as found on pages 556 and 557 of the House Journal ; also

     Education on HB 1268 as found on page 557 of the House Journal ; also

     Education on HB 1276 as found on pages 557 to 559 of the House Journal ; also

     Education on HB 1290 as found on page 559 of the House Journal ; also

     Education on HB 1291 as found on pages 559 and 560 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 59:   FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2007 regarding appropriations to the Department of Health, the Board of Regents, the Department of Corrections, the Department of Human Services, and the Office of the Attorney General, and to declare an emergency.

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

     SB 108:   FOR AN ACT ENTITLED, An Act to   provide for the continuation of certain health insurance coverage for dependents.

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

     SB 157:   FOR AN ACT ENTITLED, An Act to   revise the funding for K-12 education and to create a teacher compensation assistance program.

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

     SB 169:   FOR AN ACT ENTITLED, An Act to   provide for the formation of a legislative ethics committee and to provide for the recommendation of legislative codes of ethics.

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

     SB 174:   FOR AN ACT ENTITLED, An Act to   enhance education in the state and to make an appropriation therefor.

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

     SB 196:   FOR AN ACT ENTITLED, An Act to   revise the places where smoking is prohibited.

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

     SB 218:   FOR AN ACT ENTITLED, An Act to   authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of state park facilities and infrastructure at Custer State Park near Custer for the Department of Game, Fish and Parks, to make an appropriation, and to declare an emergency.

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



SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1125:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the adoption of municipal sewer utility charges.

     Was read the second time.

     Rep. Buckingham requested that HB 1125 be removed from the Consent Calendar.

     Which request was granted.

     Rep. Buckingham moved that HB 1125 be placed to follow HB 1126 on today's calendar.

     Which motion prevailed.

     SB 8:   FOR AN ACT ENTITLED, An Act to   regulate natural gas produced with water unless the gas is used for personal purposes.

     Was read the second time.

     The question being “Shall SB 8 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


     Rep. Rhoden moved that HB 1082 and 1171 be placed to follow HB 1290 on today's calendar.

     Which motion prevailed.

     Rep. Putnam moved that HB 1271, 1258, and 1246 be placed to follow HB 1250 on today's calendar.

     Which motion prevailed.

     HB 1250:   FOR AN ACT ENTITLED, An Act to   revise the process regarding cochlear implants.

     Was read the second time.

     The question being “Shall HB 1250 pass as amended?”

     And the roll being called:

     Yeas 69, 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; 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.

     HB 1271:   FOR AN ACT ENTITLED, An Act to   create a drug court program in the Unified Judicial System and make an appropriation therefor.

     Was read the second time.

     The question being “Shall HB 1271 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; 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:
Koistinen

     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.

    Speaker Pro tempore Rave now presiding.

     HB 1258:   FOR AN ACT ENTITLED, An Act to   create an intensive methamphetamine treatment program and revise the General Appropriations Act for fiscal year 2007, and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1258 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 1246:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the costs related to the intensive methamphetamine treatment program in the women's state correctional system.

     Was read the second time.

1246mc

     Rep. Putnam moved that HB 1246 be amended as follows:

     On page 2, line 2 of the House Appropriations Committee engrossed bill, delete " from the general fund " .

     Which motion prevailed.

     The question being “Shall HB 1246 pass as amended?”

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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:
Hargens

     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 1126:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning municipal sewer service.

     Was read the second time.

     The question being “Shall HB 1126 pass?”

     And the roll being called:



     Yeas 62, Nays 8, Excused 0, Absent 0

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

     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 1125:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the adoption of municipal sewer utility charges.

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

     The question being “Shall HB 1125 pass?”

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Buckingham; 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 1061:   FOR AN ACT ENTITLED, An Act to   offer a human papillomavirus (HPV) vaccination initiative, to transfer funds, and to declare an emergency.

     Was read the second time.

     The question being “Shall HB 1061 pass as amended?”

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

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

     Nays:
Brunner; Davis; DeVries; Hunt; Jerke; Koistinen; Noem; Olson (Betty); Steele

     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 1308:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the valuation of real property by allowing the director of equalization to use more sales during the assessment process and to revise certain provisions regarding taxes payable for special education and the capital outlay fund of school districts.

     Was read the second time.

1308fd

     Rep. Al Novstrup moved that HB 1308 be amended as follows:

     On page 1 of the House Taxation Committee engrossed bill, delete lines 6 to 15 , inclusive.

     On page 2 , delete lines 1 to 24 , inclusive.

     On page 3 , delete lines 1 to 20 , inclusive, and insert:
"
     Section 1. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the repeal of 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 ten percent per year because of the additional sales of property that sold for more than one hundred fifty percent of its assessed value or more than one hundred fifty percent of its agricultural income value. Any such sales shall be used in a sales ratio study only as allowed in this section.

     Section 2. Section 10-6-74 and § §  10-6-33.14 to 10-6-33.18, inclusive, and § §  10-6-33.23 to 10-6-33.27, inclusive, are repealed.

     Section 3. That § 10-12-31.1 be amended to read as follows:

     10-12-31.1.   Notwithstanding other provision of law, when applying the levies for school purposes, the county director of equalization of each county shall adjust the level of assessment in that district so that the level of assessment as indicated by the most recent assessment to sales ratio as provided for in § 10-11-55 in that district are equal are equal to eighty percent of market value and the most recent assessment to full agricultural land value ratio as provided for in § 10- 11-57 in that district are equal to eighty-five fifty percent of market value. The Department of Revenue and Regulation shall provide the director of equalization of each county all of the factors of adjustment necessary for the computations required in this section.

     Section 4. That § 10-13-37 be amended to read as follows:

     10-13-37.   Property taxes shall be levied on valuations where the median level of assessment represents eighty-five eighty percent of the market value as determined by the Department of Revenue and Regulation. However, for any property classified as agricultural property, the director of equalization shall make the necessary adjustments, so that the median level of assessment represents fifty percent of the market value as determined by the Department of Revenue and Regulation.

     Section 5. That § 10-12-42 be amended to read as follows:

     10-12-42.   For taxes payable in 2007 2008 and each year thereafter, the levy for the general fund of a school district shall be as follows:

             (1)      The maximum tax levy shall be ten dollars and nineteen cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section, and owner-occupied property as provided for in subdivision (3) of this section , and nonagricultural acreage property as provided for in subdivision (4) of this section ;
             (2)      The maximum tax levy on agricultural property for such school district shall be three dollars and three cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies; and
             (3)      The maximum tax levy for an owner-occupied single-family dwelling as defined in § 10-13-40, for such school district may not exceed four dollars and seventy-six cents per thousand dollars of taxable valuation. If the district's levies are less than the

maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies ; and

             (4)      The maximum tax levy on nonagricultural acreage property as defined in § 10-6- 33.14, for such school district shall be four dollars and three cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies .

     All levies in this section shall be imposed on valuations where the median level of assessment represents eighty-five the percent of market value as determined by the Department of Revenue and Regulation pursuant to § §  10-12-31.1 and 10-13-37 . These valuations shall be used for all school funding purposes. If the district has imposed an excess levy pursuant to § 10- 12-43, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies in this section. The school district may elect to tax at less than the maximum amounts set forth in this section.

     Section 6. That § 10-6-31.3 be amended to read as follows:

     10-6-31.3.   For tax purposes, land is agricultural land if it meets two of the following three criteria:

             (1)      At least thirty-three and one-third percent of the total family gross income of the owner is derived from the pursuit of agriculture as defined in subdivision (2) of this section or it is a state-owned public shooting area or a state-owned game production area as identified in § 41-4-8 and it is owned and managed by the Department of Game, Fish and Parks;
             (2)      Its principal use is devoted to the raising and harvesting of crops or timber or fruit trees, the rearing, feeding, and management of farm livestock, poultry, fish, or nursery stock, the production of bees and apiary products, or horticulture, all for intended profit pursuant to subdivision (1) of this section. Agricultural real estate also includes woodland, wasteland, and pasture land, but only if the land is held and operated in conjunction with agricultural real estate as defined and it is under the same ownership;
             (3)      It consists of not less than twenty acres of unplatted land or is a part of a contiguous ownership of not less than eighty acres of unplatted land. The same acreage specifications apply to platted land, excluding land platted as a subdivision, which is in an unincorporated area. However, the board of county commissioners may increase the minimum acre requirement up to one hundred sixty acres.

     However, for tax purposes, land is not agricultural land if the land is classified pursuant to § 10-6-33.14 as a nonagricultural acreage. ".

     Which motion prevailed.

     Rep. Hargens moved the previous question.

     Which motion prevailed.



     The question being “Shall HB 1308 pass as amended?”

     And the roll being called:

     Yeas 29, Nays 40, Excused 1, Absent 0

     Yeas:
Boomgarden; Bradford; Buckingham; Cutler; Dennert; Elliott; Faehn; Feinstein; Gilson; Glenski; Halverson; Hanks; Haverly; Heineman; Hunt; Koistinen; Lucas; McLaughlin; Miles; Novstrup (Al); Novstrup (David); Peters; Sigdestad; Steele; Thompson; Van Etten; Weems; Wick; Willadsen

     Nays:
Ahlers; Brunner; Burg; Carson; Davis; DeVries; Dreyer; Dykstra; Engels; Gassman; Hackl; Hargens; Hills; Howie; Jerke; Juhnke; Kirkeby; Krebs; Lust; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Street; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Speaker Deadrick

     Excused:
Gillespie

     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. Al Novstrup announced his intention to reconsider the vote by which HB 1308 lost.

     HB 1113:   FOR AN ACT ENTITLED, An Act to   prohibit school districts from granting credit for distance learning courses offered through entities other than the South Dakota Virtual High School.

     Was read the second time.

     The question being “Shall HB 1113 pass as amended?”

     And the roll being called:

     Yeas 52, Nays 17, Excused 1, Absent 0

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



     Nays:
Ahlers; Bradford; Burg; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Hargens; Koistinen; Moore; Nygaard; Sigdestad; Street; Van Norman; Wick

     Excused:
Gillespie

     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 1268:   FOR AN ACT ENTITLED, An Act to   appropriate money for Teach for America.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1268 pass as amended?”

     And the roll being called:

     Yeas 35, Nays 35, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Buckingham; Davis; Dreyer; Engels; Gilson; Hackl; Haverly; Heineman; Hills; Howie; Hunt; Juhnke; Kirkeby; Lucas; Lust; McLaughlin; Nelson; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Putnam; Rave; Rounds; Sigdestad; Tidemann; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Brunner; Burg; Carson; Cutler; Dennert; DeVries; Dykstra; Elliott; Faehn; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hanks; Hargens; Jerke; Koistinen; Krebs; Miles; Moore; Noem; Nygaard; Olson (Betty); Pederson (Gordon); Peters; Pitts; Rausch; Rhoden; Steele; Street; Thompson; Turbiville; 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.


     HB 1276:   FOR AN ACT ENTITLED, An Act to   create the Prairie High School District.

     Was read the second time.

1276ja

     Rep. Rave moved that HB 1276 be amended as follows:

     On page 2, line 16 of the House Education Committee engrossed bill, delete " or " .

     On page 2, line 17, delete everything after " § 10-9-14 " and insert ", or any funds distributed pursuant to S.D. Const., Art. VIII, Sect. 3.".

     On page 2 , delete lines 18 to 22 , inclusive, and insert:

"
     Section 5. Notwithstanding the provisions of chapters 13-7 and 13-8, the school board of the Prairie High School District shall be elected by registered voters. Any registered voter who is a resident of a school district with students attending one of the public attendance centers or who is a parent of a student attending one of the public attendance centers is eligible to vote for the school board. The school board shall consist of not less than five nor more than nine members.".


     Which motion prevailed.

     The question being “Shall HB 1276 pass as amended?”

     And the roll being called:

     Yeas 25, Nays 45, Excused 0, Absent 0

     Yeas:
Bradford; Brunner; DeVries; Dreyer; Elliott; Faehn; Glenski; Hackl; Heineman; Howie; Jerke; Juhnke; Lust; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Putnam; Rave; Rhoden; Rounds; Steele; Weems; Wick; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Buckingham; Burg; Carson; Cutler; Davis; Dennert; Dykstra; Engels; Feinstein; Gassman; Gillespie; Gilson; Halverson; Hanks; Hargens; Haverly; Hills; Hunt; Kirkeby; Koistinen; Krebs; Lucas; McLaughlin; Miles; Moore; Nelson; Noem; Nygaard; Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Willadsen

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



     HB 1290:   FOR AN ACT ENTITLED, An Act to   provide for an Office of Indian Education and an Indian Education Advisory Council and to establish certain provisions to enhance Indian education in the state.

     Was read the second time.

     The question being “Shall HB 1290 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; 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; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Steele

     Excused:
Cutler

     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.

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

1082cf

     Rep. Halverson moved that HB 1082 be amended as follows:

     On page 16 of the House Education Committee engrossed bill, delete lines 4 to 24 , inclusive.

     Delete pages 17 to 20 , inclusive.

     On page 21 , delete lines 1 to 6 , inclusive.
     A roll call vote was requested and supported.

     The question being on Rep. Halverson's motion that HB 1082 be amended.

     And the roll being called:

     Yeas 26, Nays 44, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Davis; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Hackl; Halverson; Hargens; Jerke; Lucas; Miles; Moore; Nygaard; Olson (Betty); Pederson (Gordon); Sigdestad; Street; Thompson; Van Norman; Vanneman

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

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

1082cd

     Rep. Ahlers moved that HB 1082 be amended as follows:

     On page 1 of the House Education Committee engrossed bill, delete lines 9 to 15 , inclusive.

     On page 2 , delete lines 1 to 4 , inclusive.

     A roll call vote was requested and supported.

     The question being on Rep. Ahlers' motion that HB 1082 be amended.

     And the roll being called:

     Yeas 31, Nays 39, Excused 0, Absent 0


     Yeas:
Ahlers; Boomgarden; Bradford; Burg; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Koistinen; Lucas; Miles; Moore; Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Rausch; Sigdestad; Street; Thompson; Van Norman

     Nays:
Brunner; Buckingham; Carson; Cutler; Davis; Dreyer; Dykstra; Faehn; Gilson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lust; McLaughlin; Noem; Olson (Ryan); Peters; Pitts; Putnam; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

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

1082ce

     Rep. Nygaard moved that HB 1082 be amended as follows:

     On page 5 of the House Education Committee engrossed bill , delete lines 22 to 24 , inclusive, and insert:

"

             (2)    Small school adjustment," calculated as follows:

             (a)    For districts with a fall enrollment of two hundred or less, multiply 0.2 times the fall enrollment;
             (b)    For districts with a fall enrollment of greater than two hundred, but less than six hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result; and multiply the sum obtained times the per student allocation; ".

     On page 6 , delete lines 1 to 7 , inclusive.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Nygaard's motion that HB 1082 be amended.

     And the roll being called:

     Yeas 33, Nays 37, Excused 0, Absent 0



     Yeas:
Ahlers; Boomgarden; Bradford; Burg; Carson; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Jerke; Koistinen; Lucas; Miles; Moore; Nelson; Novstrup (Al); Nygaard; Olson (Betty); Olson (Russell); Putnam; Rausch; Sigdestad; Street; Thompson; Van Norman; Vehle

     Nays:
Brunner; Buckingham; Cutler; Davis; Dreyer; Dykstra; Faehn; Gilson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Juhnke; Kirkeby; Krebs; Lust; McLaughlin; Noem; Novstrup (David); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

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

1082ch

     Rep. Boomgarden moved that HB 1082 be amended as follows:

     On page 1 of the House Education Committee engrossed bill, delete lines 3 to 8 , inclusive.

     Which motion lost.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall HB 1082 pass as amended?”

     And the roll being called:

     Yeas 37, Nays 33, Excused 0, Absent 0

     Yeas:
Brunner; Buckingham; Carson; Cutler; Davis; Dreyer; Dykstra; Faehn; Gilson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lust; McLaughlin; Novstrup (David); Olson (Ryan); Peters; Putnam; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Koistinen; Lucas; Miles; Moore; Nelson; Noem; Novstrup (Al); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Pitts; Rausch; Sigdestad; Street; Thompson; Van Norman; Vanneman


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

     Rep. Hargens   moved to appeal the ruling of the chair that HB 1082 needed a simple majority for passage.

     A roll call vote was requested and supported.

     The question being on Rep. Hargens' motion to appeal the decision of the chair.

     And the roll being called:

     Yeas 19, Nays 51, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; 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; Koistinen; Krebs; Lucas; 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

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

     HB 1171:   FOR AN ACT ENTITLED, An Act to   enhance education in the state and to make an appropriation therefor.

     Was read the second time.

1171ma

     Rep. Dennert moved that HB 1171 be amended as follows:

     On page 2, line 11 of the House State Affairs Committee engrossed bill, delete everything after " on " and insert "teacher performance, internal equity within the state, labor market conditions, length of service, recruitment and retention issues,".
     On page 2 , line 12, delete " compensation " .
     Which motion lost.

1171ta

     Rep. Lucas moved that HB 1171 be amended as follows:

     On page 2, line 11 of the House State Affairs Committee engrossed bill, delete " teacher performance, " .

     On page 2 , line 12, after " compensation " insert ",".

     Rep. Hargens moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Lucas's motion that HB 1171 be amended.

     And the roll being called:

     Yeas 21, Nays 49, Excused 0, Absent 0

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

     Nays:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gilson; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Koistinen; Krebs; Lust; McLaughlin; 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

     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 1171 pass as amended?”

     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent 0


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

     Nays:
Bradford; Burg; Elliott; Engels; Feinstein; Gillespie; Glenski; Hargens; Lucas; Miles; Moore; Nygaard; Thompson; Van Norman

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

     HB 1291:   FOR AN ACT ENTITLED, An Act to   create a teacher compensation assistance program.

     Was read the second time.

     Rep. Rhoden moved that HB 1291 be laid on the table.

     The question being on Rep. Rhoden's motion that HB 1291 be laid on the table.

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, 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

     Nays:
Bradford

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1291 was tabled.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Rhoden moved that SB 17, 39, 7, 15, 94, 83, 96, 89, 125, 25, 62, 70, and 9 be deferred to Wednesday, February 21st, the 29th legislative day.

     Which motion prevailed.

     Today, Rep. Al Novstrup announced his intention to reconsider the vote by which HB 1308 lost.

     No member moved to reconsider the vote by which HB 1308 lost.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1152, 1153, and 1226 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1147, 1210, and 1217 were delivered to his Excellency, the Governor, for his approval at 9:25 a.m., February 16, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1152: FOR AN ACT ENTITLED, An Act to  revise the procedures for due process regarding the central registry for abuse and neglect.

     HB 1153: FOR AN ACT ENTITLED, An Act to  revise certain references regarding the reunification of an abused or neglected child with a parent and regarding grounds for termination of parental rights and regarding the operation of the central registry for abuse and neglect.


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

     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.

     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.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1009   Introduced by:  Representatives Krebs and Hunt and Senator Abdallah

         A LEGISLATIVE COMMEMORATION,  Honoring Emily Bartscher for receiving the Prudential Spirit of Community Award.

     WHEREAS,  Emily Bartscher, an esteemed resident of Brandon and a student at Brandon Valley High School, has achieved national recognition for exemplary volunteer service and has received a 2007 Prudential Spirit of Community Award; and

     WHEREAS,  this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Ms. Bartscher earned this award by giving generously of her time and energy to helping a friend with a handicap participate in Special Olympics and other activities for the past three years; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Bartscher who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that this legislative body hereby congratulates and honors Emily Bartscher as a recipient of a Prudential Spirit of Community Award.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 7:27 p.m. the House adjourned.

Karen Gerdes, Chief Clerk