JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 21, 2007

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House page Kristin Thorson.

     Roll Call: All members present except Rep. Koistinen who was excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

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


     Speaker Deadrick introduced the Honorable Stephanie Herseth, United States Representative from South Dakota, who spoke briefly.

     Speaker Deadrick introduced the Honorable John Thune, United States Senator from South Dakota, who spoke briefly.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 30, 31, 52, 184, and 219 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 Judiciary respectfully reports that it has had under consideration SB 88, 142, and 160 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 159 and returns the same with the recommendation that said bill be amended as follows:

159jd
     On page 1, line 12 of the Senate engrossed bill, delete " evidence " and insert " pertinent papers or documents ".

     On page 1 , line 14, delete " evidence is " and insert " pertinent papers or documents are ".

     On page 2 , line 2, delete " evidence is " and insert " pertinent papers or documents are ".

159rta
     On page 1, line 2 of the Senate engrossed bill, delete " evidence " and insert "certain pertinent papers and documents".

     And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  47 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  186 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 Commerce respectfully reports that it has had under consideration SB  48 and tabled the same.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  3 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  90 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 State Affairs respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

2fa
     On page 1, line 10 of the Senate State Affairs Committee engrossed bill, delete " substantially " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  128 and returns the same with the recommendation that said bill be referred to the Committee on Agriculture and Natural Resources.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  1 and tabled the same.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HCR1006 was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1007 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1018, 1022, 1026, 1031, 1064, 1065, 1077, 1100, 1129, 1150, 1158, 1179, 1180, 1236, and 1285 which have passed the Senate without change.


 Also MR. SPEAKER:

    I have the honor to return herewith HB 1102 and 1183 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 84, 130, 164, 182, and 197 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

    Speaker Pro tempore Rave now presiding.

MOTIONS AND RESOLUTIONS


     HCR 1008:   A CONCURRENT RESOLUTION,   Requesting the Department of Transportation to pursue the necessary steps to connect portions of State Highway 63 in Mellette County.

     Rep. Lucas moved that HCR 1008 as found on pages 568 and 569 of the House Journal be adopted.

     Rep. Krebs moved that HCR 1008 be laid on the table.

     The question being on Rep. Krebs' motion that HCR 1008 be laid on the table.

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; 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; Krebs; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Burg; Engels; Feinstein; Lucas; Street; Van Norman


     Excused:
Bradford; Koistinen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was tabled.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 84:   FOR AN ACT ENTITLED, An Act to   increase the maximum fees for conducting weights and measures inspections and testing.

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

     SB 130:   FOR AN ACT ENTITLED, An Act to   permit the Department of Health to provide an electronic report of marriages upon request.

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

     SB 164:   FOR AN ACT ENTITLED, An Act to   permit certain taxing districts to revise the amount of revenue payable from property taxes.

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

     SB 182:   FOR AN ACT ENTITLED, An Act to   revise and establish certain provisions regarding the setting of rates for public utilities.

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

     SB 197:   FOR AN ACT ENTITLED, An Act to   adopt the Revised Uniform Anatomical Gift Act.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 17:   FOR AN ACT ENTITLED, An Act to   require each applicant for licensure as a chiropractor in South Dakota or a licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

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


17ta

     Rep. Engels moved that SB 17 be amended as follows:

     On page 2, line 3 of the printed bill, after " investigation. " insert "Following the completion of the criminal background check, the Division of Criminal Investigation shall return the fingerprint cards to the applicant. The fingerprint cards may not be kept for storage in any database.".

     Which motion lost.

     The question being “Shall SB 17 pass?”

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent 0

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

     Nays:
DeVries; Rhoden

     Excused:
Bradford; Koistinen; Pederson (Gordon); Putnam

     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 39:   FOR AN ACT ENTITLED, An Act to   provide claims information to commercial property casualty insureds.

     Was read the second time.

     The question being “Shall SB 39 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Bradford; Koistinen; Pederson (Gordon); 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 7:   FOR AN ACT ENTITLED, An Act to   establish certain fees to provide for air quality permitting, inspecting, and compliance services to ethanol production plants.

     Was read the second time.

     The question being “Shall SB 7 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Bradford; Koistinen; Pederson (Gordon)

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

     SB 15:   FOR AN ACT ENTITLED, An Act to   require certain immunizations for students attending postsecondary educational institutions.

     Was read the second time.

     The question being “Shall SB 15 pass as amended?”

     And the roll being called:

     Yeas 54, Nays 13, Excused 3, Absent 0

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

     Nays:
Brunner; Buckingham; Davis; DeVries; Dykstra; Hackl; Howie; Hunt; Moore; Novstrup (Al); Olson (Betty); Steele; Weems

     Excused:
Bradford; Koistinen; Pederson (Gordon)

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

     SB 94:   FOR AN ACT ENTITLED, An Act to   require a motor vehicle manufacturer to reimburse a consumer for excise tax and license and registration fees if a vehicle is replaced under lemon law provisions.

     Was read the second time.

     The question being “Shall SB 94 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Bradford; Koistinen; Pederson (Gordon)


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

     SB 83:   FOR AN ACT ENTITLED, An Act to   revise the eligibility qualifications for an assessment freeze of single-family dwellings.

     Was read the second time.

     The question being “Shall SB 83 pass?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Bradford; Koistinen; Pederson (Gordon)

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

     SB 96:   FOR AN ACT ENTITLED, An Act to   provide property tax benefits to certain disabled veterans.

     Was read the second time.

     The question being “Shall SB 96 pass?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); 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:
Koistinen; Pederson (Gordon)

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

     SB 89:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Prudent Management of Institutional Funds Act.

     Was read the second time.

     The question being “Shall SB 89 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); 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:
Koistinen; Pederson (Gordon)

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

     SB 125:   FOR AN ACT ENTITLED, An Act to   allow an abandoned mobile home or manufactured home to be moved under certain conditions and to require property taxes to be abated on certain abandoned mobile homes and manufactured homes.

     Was read the second time.

     The question being “Shall SB 125 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); 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:
Koistinen; Pederson (Gordon)

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

     SB 25:   FOR AN ACT ENTITLED, An Act to   revise certain requirements regarding the ability of the Public Utilities Commission to regulate the sale or other disposition of the property, plant, business, or stock of electric or gas public utilities.

     Was read the second time.

     The question being “Shall SB 25 pass as amended?”

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); 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:
Koistinen; Pederson (Gordon)

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

     SB 62:   FOR AN ACT ENTITLED, An Act to   allow for the electronic service of orders to withhold income in the collection of child support.

     Was read the second time.

     The question being “Shall SB 62 pass?”

     And the roll being called:

     Yeas 44, Nays 24, Excused 2, Absent 0

     Yeas:
Ahlers; Brunner; Buckingham; Burg; Cutler; Dennert; Dreyer; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hargens; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (David); Nygaard; Olson (Russell); Pitts; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Van Norman; Vanneman; Vehle; Wick; Willadsen

     Nays:
Boomgarden; Bradford; Carson; Davis; DeVries; Dykstra; Faehn; Gilson; Hackl; Halverson; Hanks; Haverly; Heineman; Novstrup (Al); Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Tidemann; Turbiville; Van Etten; Weems; Speaker Deadrick

     Excused:
Koistinen; Pederson (Gordon)

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

     SB 70:   FOR AN ACT ENTITLED, An Act to   revise certain fees, continuing education requirements, and examination requirements for massage therapists.

     Was read the second time.

70ra

     Rep. Feinstein moved that SB 70 be amended as follows:

     On the House Commerce Committee engrossed bill, delete all House Commerce Committee amendments, thus restoring the bill to the Senate Health and Human Services Committee engrossed version.

     A roll call vote was requested and supported.

     The question being on Rep. Feinstein's motion that SB 70 be amended.

     And the roll being called:

     Yeas 21, Nays 47, Excused 2, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Glenski; Halverson; Hargens; Krebs; Lucas; Moore; Nygaard; Peters; Sigdestad; Steele; Thompson; Van Norman; Wick

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

     Excused:
Koistinen; Pederson (Gordon)

     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 SB 70 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, 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); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen

     Nays:
Street; Speaker Deadrick

     Excused:
Koistinen; Pederson (Gordon)

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

     SB 9:   FOR AN ACT ENTITLED, An Act to   require water pollution control permits for certain concentrated animal feeding operations.

     Was read the second time.

     Rep. Rhoden moved that SB 9, 60, 86, 32, 33, 67, 68, and 195 be deferred to Thursday, February 22nd, the 30th legislative day.

     Which motion prevailed.

    Speaker Deadrick now presiding.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1016, 1018, 1022, 1026, 1031, 1064, 1065, 1077, 1100, 1117, 1119, 1129, 1150, 1158, 1179, 1180, 1236, and 1285 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1019, 1021, 1024, 1025, 1040, 1071, 1078, 1079, 1089, 1099, 1114, 1122, 1136, 1154, 1160, 1165, 1175, 1257, and 1259 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 21, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1016: FOR AN ACT ENTITLED, An Act to  exempt law enforcement and emergency vehicle accidents from certain driving records.

     HB 1018: FOR AN ACT ENTITLED, An Act to  make an appropriation for the control and suppression of pine beetles in Custer State Park.

     HB 1022: FOR AN ACT ENTITLED, An Act to  revise the definition of bait.

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

     HB 1031: FOR AN ACT ENTITLED, An Act to  provide for the regulation of telepharmacy and to establish a fee therefor.

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

     HB 1065: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct multi-use storage facilities at South Dakota State University and to make an appropriation therefor.

     HB 1077: FOR AN ACT ENTITLED, An Act to  impose a tax on the net revenues of intermediate care facilities for the mentally retarded.

     HB 1100: FOR AN ACT ENTITLED, An Act to  authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, and to make an appropriation therefor.

     HB 1117: FOR AN ACT ENTITLED, An Act to  permit the extending of the duration of stalking and protection orders.

     HB 1119: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning mechanics' or materialmen's liens.

     HB 1129: FOR AN ACT ENTITLED, An Act to  provide for the conversion of certain cooperatives into business corporations.

     HB 1150: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to deceptive trade practices.

     HB 1158: FOR AN ACT ENTITLED, An Act to  provide immunity for school districts in facilitating computer usage.

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

     HB 1180: FOR AN ACT ENTITLED, An Act to  repeal certain provisions found to be unconstitutional, which required insurers to obtain a countersignature on policies.

     HB 1236: FOR AN ACT ENTITLED, An Act to  allow the Department of Education to enter into certain enrollment agreements with the State of Iowa.

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

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

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1010   Introduced by:  Representatives Van Norman, Ahlers, Bradford, Burg, Dennert, Elliott, Engels, Feinstein, Gassman, Gillespie, Glenski, Halverson, Hargens, Lucas, Miles, Moore, Nygaard, Sigdestad, Street, and Thompson and Senators Two Bulls, Heidepriem, Katus, Nesselhuf, and Peterson (Jim)

         A LEGISLATIVE COMMEMORATION,  Recognizing and honoring Jennifer Mellette of the Standing Rock Sioux Tribe as Miss Standing Rock 2006-2007 and for her achievements and service.

     WHEREAS,  Jennifer Eryka Mellette (Tasunke Gli Nanji Win), a member of the Standing Rock Sioux Tribe, a senior at McLaughlin High School, and page with the South Dakota Legislature, has demonstrated exemplary civic and leadership skills in service to her tribe and her community and has been recognized with numerous awards and honors; and
     WHEREAS,  her titles and honors include Miss Standing Rock 2006-2007, Little Miss Bear Soldier, Miss 7thGeneration Youth Culture Club, Miss Youth 2000, second runner-up to Miss Indian Nations XIV, Girls' State representative, Hugh O'Brien Youth Leadership representative, Johnson O'Malley Senior representative, and local Indian Education Board representative, and she has been nominated for Who's Who in American High School Students, Presidential Classroom, NYL: Forum on the Law, and National American English Scholars Program. She has also provided testimony at Indian Affairs Commission hearings on youth suicide and at NICWA conferences in San Diego; Denver; Dayton, Ohio; and in Minnesota and the Dakotas; and

     WHEREAS,  Jennifer will attend Northern State University and intends eventually to study law and to be involved in tribal, state, and national politics:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Jennifer Mellette (Tasunke Gli Nanji Win) is recognized and honored for her leadership and her numerous contributions to her community, her tribe, and her school, serving as a role model, a mentor, and a voice for her community.

     HC 1011   Introduced by:  Representatives Burg, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Carson, Cutler, Davis, Deadrick, Dennert, DeVries, Dreyer, Dykstra, Elliott, Engels, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Hackl, Halverson, Hanks, Hargens, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lucas, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vanneman, Vehle, Weems, Wick, and Willadsen and Senators Hansen (Tom), Abdallah, Albers, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Koetzle, Lintz, Maher, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, Turbak, and Two Bulls

         A LEGISLATIVE COMMEMORATION,  Honoring Charlotte Mohling of Wessington Springs as South Dakota's 2007 Teacher of the Year.

     WHEREAS,  Charlotte Mohling, a family and consumer science instructor at the Wessington Springs School District, was chosen as the 2007 South Dakota Teacher of the Year and will represent South Dakota in the national competition for Teacher of the Year; and

     WHEREAS,  she has dedicated more than thirty-one years to the teaching profession; and

     WHEREAS,  she is respected as an educator not only by her students, but also by her educational peers at other school districts at the state and national level; and

     WHEREAS,  she has received countless honors from her peers including the Wessington Springs Distinguished Service Award three times and the ESA Region 3 Teacher of the Year Award in 2007; and
     WHEREAS,  she serves as a mentor to new teachers in her district and she has conducted several workshops on teaching strategies, curriculum design, and the integration of technology into teaching for fellow professionals; and

     WHEREAS,  she has effectively incorporated the latest technology into her classroom enabling students to take on responsibility for their own learning and to develop and implement several advanced level courses which could otherwise not offered:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Charlotte Mohling be congratulated upon her selection as South Dakota's 2007 Teacher of the Year.

     Rep. Van Norman moved that the House do now adjourn, which motion prevailed and at 4:06 p.m. the House adjourned.

Karen Gerdes, Chief Clerk