JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  



THIRTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 28, 2007

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

     The prayer was offered by the Chaplain, Rev. Randy Battey, followed by the Pledge of Allegiance led by House page Kara Marks.

     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 thirty-third day and finds that the following corrections should be made:

    On page 692, delete lines 10 and 11.

    SB 78 was inadvertently not signed on that day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 173, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

173fr
     On page 9, after line 9 of the Senate Taxation Committee engrossed bill, insert:

"      Section 18. 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 19. 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 shall be the amount of revenue that could have been generated for the taxes payable in 2008 using a special education levy of one dollar and twenty cents per one thousand dollars of valuation increased by the lesser of three percent or the index factor, as defined in § 10-13-38, plus a 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 2010, 2011, 2012, and 2013, the total amount of local effort shall be increased by the lesser of three percent or the index factor, established pursuant to § 10-13-38 plus a 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. ;
             (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 for taxes payable 2009, 2010, 2011, 2012, and 2013 shall be the amount of taxes payable for the year divided by the amount of local effort as calculated in subdivision (7) . The maximum effort factor is 1.0 . ".

173fi
     On page 2, line 6 of the Senate Taxation Committee engrossed bill, overstrike " capitalized " .

     On page 2 , line 7, overstrike " capitalized " .

     On page 2 , line 13, overstrike " capitalized " .

     On page 2 , delete line 22 , and insert " capitalized at seven and three-fourths divided by the adjustment factor of six and sixteen hundredths percent.".

     And that as so amended said bill do NOT pass.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 123 and 136 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 127 and returns the same with the recommendation that said bill be amended as follows:

127rc
     On page 6 of the Senate engrossed bill , between lines 23 and 24, insert:

" If yes, describe in detail: _____________________________________________________
____________________________________________________________________________ ".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 180 and returns the same with the recommendation that said bill be amended as follows:

180ra
     On page 1 of the Senate engrossed bill, delete lines 5 to 9 , inclusive.

180rta
     On page 1, line 1 of the Senate engrossed bill, delete " recognition of certain adoption orders " .

     On page 1 , line 2, delete " from foreign jurisdictions and to provide for the " .

     And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill be amended as follows:

157cn
     On page 3, line 15 of the Senate engrossed bill, after " enrollment " insert " and multiply the product times $4,237.72 ".

     On page 3 , line 18, delete " the per student allocation " and insert " $4,237.72 ".

     On page 3 , delete line 19 .
     On page 3 , delete line 23 , and insert "preceding the year of adjustment or three percent, whichever is less".

     On page 3 , delete line 24 .

     On page 4 , delete line 1 .

     On page 4 , line 2, delete everything before " ; " .

     On page 5 , line 13, delete " ; " .

     On page 5 , delete lines 14 and 15 .

     On page 5 , line 16, delete everything before " . " .

     On page 5 , line 19, delete everything after " . " and insert "The department shall provide four-fifths of the funds for the teacher compensation assistance program to each participating school district.".

     On page 5 , delete lines 20 to 24 , inclusive.

     On page 6 , delete lines 1 to 20 , inclusive.

     On page 7 , line 1, delete " teacher " .

     On page 7 , line 2, delete " compensation assistance program " .

     On page 7 , line 4, delete everything after " Section 6. " and insert "The Teacher Compensation Assistance Program Oversight Board shall annually monitor the progress of participating school districts with their teacher compensation assistance plans, and submit its findings to the Board of Education.".

     On page 7 , delete lines 5 to 22 , inclusive.

     On page 13 , line 11, delete " seventy-five " and insert " sixty-five ".

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

207ta
     On page 2 of the printed bill, delete lines 3 and 4 , and insert:

"      Section 4. The provisions of section 1 of this Act are effective on the date identified in a certification by the secretary of labor filed with the secretary of state and the Legislative Research Council as the effective date of the increase in the federal minimum wage under the federal Fair Labor Standards Act of 1938 or July 1, 2007, whichever is later.

     Section 5. The provisions of section 2 of this Act are effective twelve months after the effective date of section 1 of this Act.

     Section 6. The provisions of section 3 of this Act are effective twenty-four months after the effective date of section 1 of this Act.".


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

105oa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 10-12-44 be amended to read as follows:

     10-12-44.   The county auditor in each school district shall raise additional revenue, for the general fund and special education funds, from property taxes to compensate for tax abatement, tax increment financing district, or discretionary formula as follows:

             (1)      For tax incremental districts created pursuant to chapter 11-9 and formed after December 31, 1994, the county auditor shall levy an additional tax levy for an amount not to exceed an amount equal to the sum of the levies in §§ 10-12-42 and 13-37-16 times the tax increment valuation as defined in § 11-9-1;
             (2)      For property subject to § 10-6-35.2, 10-6-35.12, 10-6-35.24, 10-6-35.25, 10-6-54, 10- 6-55, or 10-6-67 the county auditor shall levy an additional tax levy for an amount not to exceed the amount of taxes that were not collected due to the reduction in valuation based on the maximum levies pursuant to §§ 10-12-42 and 13-37-16;
             (3)      For abated taxes the county auditor shall levy an additional tax levy for an amount not to exceed the amount of the school district's portion of the taxes that were abated pursuant to chapter 10-18 during the previous tax year ;
             (4)    For settlement of taxes and valuation due to court action after local effort of the school district had already been calculated by the state .

     The levies in this section are not subject to the referendum provision of § 10-12-43 and these levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies pursuant to § 10-12-42. "

105ota
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "authorize a county auditor to raise additional revenues for education from property taxes due to the results of certain court actions.".

     On page 1 , delete line 2 and 3 .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  44 and 45 and returns the same with the recommendation that said bills 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 43 and returns the same with the recommendation that said bill be amended as follows:

43sa
     On page 3, line 22 of the Senate Commerce Committee engrossed bill, delete " licensed " .

     On page 3 , line 22, after " distributors " insert " licensed by the State of South Dakota ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  166 and tabled the same.

Respectfully submitted,
Tim Rounds, Chair
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1032, 1072, 1085, 1086, 1108, 1124, 1125, 1194, 1222, 1231, 1248, 1250, 1252, 1262, and 1275 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1061, 1251, 1266, and 1302 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.
Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Haverly moved that the House do concur in Senate amendments to HB 1138.

     The question being on Rep. Haverly's motion that the House do concur in Senate amendments to HB 1138.

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, Absent 1

     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); 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

     Absent:
Olson (Ryan)

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

     Rep. Rhoden moved that the concurrence in Senate amendments to HB 1139 be deferred to Thursday, March 1st, the 35th legislative day.

     Which motion prevailed.

     Rep. Rounds moved that the House do concur in Senate amendments to HB 1196.

     The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1196.

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, Absent 1

     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); 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

     Absent:
Olson (Ryan)

     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. Peters moved that the House do concur in Senate amendments to HB 1205.

     The question being on Rep. Peters' motion that the House do concur in Senate amendments to HB 1205.

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, Absent 1

     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); 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

     Absent:
Olson (Ryan)

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

     Rep. Haverly moved that the House do concur in Senate amendments to HB 1279.

     The question being on Rep. Haverly's motion that the House do concur in Senate amendments to HB 1279.

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

     Rep. DeVries moved that the concurrence in SCR 9 be deferred to Thursday, March 1st, the 35th legislative day.

     Which motion prevailed.

     Rep. Hills moved that the Committee on Education be instructed to deliver SB 115 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Dykstra moved that the Committee on Commerce be instructed to deliver SB 166 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, March 1st, the 35th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Rhoden moved that the report of the Standing Committee on

     Local Government on SB 153 as found on page 671 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 128:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the Soybean Research and Promotion Council.

     Was read the second time.

     The question being “Shall SB 128 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; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dreyer

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 185:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund tax refunds for elderly and disabled persons for property tax and sales tax refunds.

     Was read the second time.

     The question being “Shall SB 185 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; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dreyer

     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 165:   FOR AN ACT ENTITLED, An Act to   repeal and reestablish provisions to regulate mortgage lenders and brokers.

     Was read the second time.

165sa

     Rep. Krebs moved that SB 165 be amended as follows:

     On page 4, line 7 of the House Commerce Committee engrossed bill, after " . " insert "However, no mortgage loan originator is required to be licensed prior to December 31, 2007.".

     Which motion prevailed.

165oa

     Rep. Ahlers moved that SB 165 be further amended as follows:

     On page 3, line 19 of the House Commerce Committee engrossed bill, after " requirement. " insert "However, no background check in another jurisdiction may be used if it was completed more than one year prior to application.".

     Which motion prevailed.

     The question being “Shall SB 165 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; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dreyer

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

     Was read the second time.

     The question being “Shall SB 202 pass as amended?”

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dykstra; 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); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Elliott; Engels; Koistinen; Nygaard; Sigdestad

     Excused:
Dreyer

     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.

     SJR 9:   A JOINT RESOLUTION,   To propose a constitutional amendment to provide for forty-day legislative sessions.

     Was read the second time.

     Rep. Miles requested a fiscal note on SJR 9.

     Which request was supported.

     SB 95:   FOR AN ACT ENTITLED, An Act to   establish a State Board of Technical Institutes, to provide for its powers, duties, and responsibilities, and to provide for the transfer of authority over public postsecondary technical education from the Department of Education to the State Board of Technical Institutes.

     Was read the second time.

     The question being “Shall SB 95 pass as amended?”

     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Cutler; Davis; Dennert; DeVries; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Halverson; Hanks; Hargens; Haverly; Howie; Hunt; Jerke; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Nygaard; Olson (Betty); Pederson (Gordon); Peters; Rausch; Sigdestad; Steele; Street; Thompson; Turbiville; Van Etten; Van Norman; Vanneman; Weems; Wick; Willadsen

     Nays:
Carson; Hackl; Heineman; Hills; Juhnke; Kirkeby; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pitts; Putnam; Rave; Rhoden; Rounds; Tidemann; Vehle; Speaker Deadrick

     Excused:
Dreyer

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

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall SB 199 pass?”

     And the roll being called:

     Yeas 46, Nays 23, Excused 1, Absent 0

     Yeas:
Bradford; Buckingham; Burg; Carson; Cutler; Dennert; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Novstrup (Al); Nygaard; Olson (Russell); Olson (Ryan); Peters; Putnam; Rounds; Sigdestad; Steele; Thompson; Tidemann; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Brunner; Davis; DeVries; Hackl; Halverson; Hanks; Howie; Koistinen; Moore; Nelson; Noem; Novstrup (David); Olson (Betty); Pederson (Gordon); Pitts; Rausch; Rave; Rhoden; Street; Turbiville; Vanneman

     Excused:
Dreyer

     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 80:   FOR AN ACT ENTITLED, An Act to   increase the fees permitted to recover reasonable costs and expenses on dishonored checks.

     Was read the second time.

     The question being “Shall SB 80 pass?”

     And the roll being called:

     Yeas 51, Nays 18, Excused 1, Absent 0

     Yeas:
Buckingham; Burg; Carson; Cutler; Davis; DeVries; Dykstra; Engels; Faehn; Feinstein; Gillespie; Gilson; Hackl; Halverson; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Street; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Willadsen

     Nays:
Ahlers; Boomgarden; Bradford; Brunner; Dennert; Elliott; Gassman; Glenski; Hanks; Hargens; Lucas; Miles; Peters; Sigdestad; Thompson; Van Norman; Wick; Speaker Deadrick

     Excused:
Dreyer

     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 147:   FOR AN ACT ENTITLED, An Act to   revise the definition of wages for unemployment insurance.

     Was read the second time.

     The question being “Shall SB 147 pass?”

     And the roll being called:

     Yeas 59, Nays 10, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; DeVries; Dykstra; Faehn; Gassman; Gillespie; Gilson; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; 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; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Dennert; Elliott; Engels; Feinstein; Glenski; Miles; Nygaard; Thompson; Van Norman

     Excused:
Dreyer

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

     Was read the second time.

     The question being “Shall SB 182 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; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dreyer

     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 98:   FOR AN ACT ENTITLED, An Act to   revise or clarify certain provisions relating to the classification and creation of trusts.

     Was read the second time.

98oa

     Rep. Cutler moved that SB 98 be amended as follows:

     On page 3, line 9 of the printed bill, after " interest. " insert "This section does not affect eligibility for any public assistance program administered by the Department of Social Services pursuant to §  28-1-1.".

     Which motion prevailed.

     The question being “Shall SB 98 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; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dreyer

     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 99:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Principal and Income Act.

     Was read the second time.

     The question being “Shall SB 99 pass?”

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Dreyer

     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 193:   FOR AN ACT ENTITLED, An Act to   prohibit the abuse of certain elderly persons and to revise certain provisions regarding the abuse of disabled adults.

     Was read the second time.

193rd

     Rep. Hunt moved that SB 193 be amended as follows:

     On page 4, line 1 of the Senate Health and Human Services Committee engrossed bill, delete everything after " manner " .

     On page 4 , line 2, delete everything before " to " .

     Which motion lost.

     The question being “Shall SB 193 pass as amended?”

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

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

     Nays:
Brunner; Howie; Hunt; Rhoden

     Excused:
Dreyer

     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 42:   FOR AN ACT ENTITLED, An Act to   revise the discount provided to tobacco distributors purchasing tobacco stamps and to revise and repeal certain provisions regarding the cigarette tax.

     Was read the second time.

    Speaker Pro tempore Rave now presiding.

     The question being “Shall SB 42 pass as amended?”

     And the roll being called:

     Yeas 36, Nays 33, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Gilson; Glenski; Hanks; Haverly; Hills; Howie; Hunt; Juhnke; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Carson; Dennert; DeVries; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Hackl; Halverson; Hargens; Heineman; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nygaard; Olson (Betty); Pitts; Sigdestad; Street; Thompson; Van Norman; Wick

     Excused:
Dreyer

     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. Burg announced his intention to reconsider the vote by which SB 42 passed.

    Speaker Deadrick now presiding.

     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 second time.


218ua

     Rep. Tidemann moved that SB 218 be amended as follows:

     On the House Appropriations Committee engrossed bill, delete all House Appropriations Committee amendments, thus restoring the bill to the Senate engrossed version.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Tidemann's motion that SB 218 be amended.

     And the roll being called:

     Yeas 40, Nays 25, Excused 5, Absent 0

     Yeas:
Bradford; Brunner; Burg; Cutler; Dennert; Elliott; Engels; Feinstein; Gassman; Gilson; Glenski; Hargens; Heineman; Hills; Hunt; Jerke; Juhnke; Krebs; Lucas; McLaughlin; Miles; Moore; Noem; Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Tidemann; Turbiville; Vehle; Weems; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Buckingham; Carson; Davis; DeVries; Dykstra; Faehn; Hackl; Halverson; Hanks; Haverly; Howie; Kirkeby; Koistinen; Lust; Nelson; Novstrup (David); Olson (Betty); Peters; Rausch; Steele; Van Etten; Vanneman; Willadsen

     Excused:
Dreyer; Gillespie; Novstrup (Al); Van Norman; Wick

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 218 was so amended.

     The question being “Shall SB 218 pass as amended?”

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; 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; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; DeVries; Faehn; Hanks; Haverly; Kirkeby; Koistinen; Nelson; Olson (Betty)

     Excused:
Dreyer; Novstrup (Al); Wick

     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.

     Rep. Rhoden moved that SB 197, 10, 198, 84, 164, 183, 101, 82, 130, and 135 be deferred to Thursday, March 1st, the 35th legislative day.

     Which motion prevailed.

     Rep. Burg moved that the House do now reconsider the vote by which SB 42 passed.

     The question being on Rep. Burg's motion to reconsider the vote by which SB 42 passed.

     And the roll being called:

     Yeas 28, Nays 39, Excused 3, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Dennert; DeVries; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Heineman; Koistinen; Lucas; Miles; Moore; Nygaard; Olson (Russell); Pitts; Sigdestad; Street; Thompson; Van Norman; Weems

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

     Excused:
Dreyer; Novstrup (Al); Wick

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

     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 appointed Sens. Olson, Hunhoff, and Koetzle as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 2.

     The Speaker appointed as such committee Reps. Pederson, Faehn, and Engels.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Garnos, McNenny, and Peterson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB195.

     The Speaker appointed as such committee Reps. Buckingham, Wick, and Sigdestad.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 159.

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 1032, 1072, 1085, 1086, 1091, 1108, 1124, 1125, 1194, 1200, 1222, 1231, 1248, 1250, 1252, 1262, 1275, and 1288 and finds the same correctly enrolled.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1005, 1036, 1056, 1058, 1068, 1069, 1074, 1090, 1093, 1097, 1098, 1144, 1151, 1156, 1169, 1174, 1182, 1184, 1187, 1256, and 1278 were delivered to his Excellency, the Governor, for his approval at 10:32 a.m., February 28, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     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.

     HB 1085: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the transfer of title.

     HB 1086: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the release of a lien by undertaking.

     HB 1091: FOR AN ACT ENTITLED, An Act to  permit magistrate courts to administer adult probationary drug court programs under certain circumstances.

     HB 1108: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding when and by whom chemical dependency evaluations occur after a conviction of driving while under the influence of drugs or alcohol.

     HB 1124: FOR AN ACT ENTITLED, An Act to  add the solicitation to commit a crime to certain criminal provisions.

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

     HB 1194: FOR AN ACT ENTITLED, An Act to  authorize the disclosure of certain confidential information when a person who is subject to commitment proceedings has communicated a serious threat of serious physical injury against a reasonably identifiable victim.

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

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

     HB 1231: FOR AN ACT ENTITLED, An Act to  exempt certain wages from claims in bankruptcy.

     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.

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

     HB 1252: FOR AN ACT ENTITLED, An Act to  provide certain provisions concerning the indemnification of the directors of cooperatives.

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

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

     HB 1288: FOR AN ACT ENTITLED, An Act to  permit trustees to decant a trust under certain circumstances.

     SB 6: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the election procedures for political parties.

     SB 71: FOR AN ACT ENTITLED, An Act to  repeal certain statutes and references regarding obsolete accounting funds.

     SB 73: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning precinct boundaries and polling places.

     SB 76: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding health care decisions by agents.

     SB 78: FOR AN ACT ENTITLED, An Act to  revise the rights of creditors of limited liability companies.

     SB 93: FOR AN ACT ENTITLED, An Act to  provide for promotional displays by vehicle dealers under certain conditions.

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

     SB 103: FOR AN ACT ENTITLED, An Act to  provide for the appointment of members of the Brand Board by district.


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

     SB 111: FOR AN ACT ENTITLED, An Act to  codify legislation enacted in 2006.

     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.

     SB 206: FOR AN ACT ENTITLED, An Act to  permit and provide for the issuance of certificates of birth resulting in stillbirth.

     SB 215: FOR AN ACT ENTITLED, An Act to  eliminate certain filings with the Department of Social Services in adoption cases in which the children are not in the custody of the department.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1016   Introduced by:  Representatives Weems, Cutler, Engels, Feinstein, Glenski, Heineman, Hunt, Krebs, Miles, Peters, Steele, Thompson, Wick, and Willadsen and Senators Gant, Abdallah, Dempster, Heidepriem, Jerstad, Knudson, and Koetzle

         A LEGISLATIVE COMMEMORATION,  Commending the 2005-2006 Sioux Falls Roosevelt Girls' Basketball Team for winning the State AA Championship.

     WHEREAS,  the Sioux Falls Roosevelt Girls' Basketball Team, under the leadership of head coach Chris Clark and assistant coaches Larry Toft, Courtney Farrell, Tony Lanham, Brad Brockmueller, and Scott Redd, won their second straight title; and

     WHEREAS,  the Sioux Falls Roosevelt Girls' Basketball Team was exemplary in its unity and accord from all of its players: Jayne Reimers, Teresa Case, Maggie Atkins, Kasey Thallhuber, Meghan Nelson, Kelly Case, Laura Breaw, Michelle Dirks, Breanna Konz, Jennifer Schuttloffel, Chantel Tengwall, Samantha Senske, and Julie Wagner; and

     WHEREAS,  the Sioux Falls Roosevelt Girls' Basketball Team, created in 1991, has been a model of consistency and excellence, winning seven of the last ten state championships and winning a state record 111 straight games; and

     WHEREAS,  the Sioux Falls Roosevelt Girls' Basketball Team played excellent competition to win the State AA Championship:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Sioux Falls Roosevelt Girls' Basketball Team and its coaching

staff be congratulated and commended for their outstanding performances in the 2005-2006 season.

     HC 1017   Introduced by:  Representatives Weems, Cutler, Engels, Feinstein, Heineman, Hunt, Krebs, Miles, Peters, Steele, Thompson, Wick, and Willadsen and Senators Gant, Abdallah, Dempster, Heidepriem, Jerstad, Knudson, and Koetzle

         A LEGISLATIVE COMMEMORATION,  Recognizing and congratulating the 2006 Sioux Falls Roosevelt Rough Riders Football Team for winning the State Class 11AA Football Championship.

     WHEREAS,  Sioux Falls Roosevelt compiled an 8-1 record in the regular season and made it to the championship game by defeating a determined team; and

     WHEREAS,  winning a championship game in the State of South Dakota shows character, determination, commitment, and an understanding of what sportsmanship is; and

     WHEREAS,  Brad Iverson won the Jack Robbie Most Valuable Player Award; and

     WHEREAS,  Sioux Falls Roosevelt had five players on the State Class 11AA All-State Football Team along with three honorable mention players:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Sioux Falls Roosevelt High School Rough Riders football program, coaches, staff, and players, be congratulated and commended for their 2006 State Class 11AA Football Championship.

     HC 1018   Introduced by:  Representatives Weems, Cutler, Engels, Feinstein, Glenski, Heineman, Hunt, Krebs, Miles, Peters, Steele, Thompson, Wick, and Willadsen and Senators Gant, Abdallah, Dempster, Heidepriem, Jerstad, Knudson, and Koetzle

         A LEGISLATIVE COMMEMORATION,  Commending the Sioux Falls Roosevelt Rough Riders Volleyball Team for their 2006 State AA Championship.

     WHEREAS,  the Sioux Falls Roosevelt Rough Riders Volleyball Team, coached by Holly Lynch, Jenae Ruesink-Cross, Kris Dunlap, and Melissa DeJong, went into the State AA Tournament with a regular season record of seventeen wins and four losses; and

     WHEREAS,  the Sioux Falls Roosevelt Volleyball Team formed a cohesive group with contributions from all of their players: Erica Ritchie, Steph Kroeze, Liz Ilse, Jen Gerry, Chantel Tengwall, Kortnee Williamson, Mandy Grootwassink, Betsy Naatjes, Kylie Farley, Anne Aamlid, Haylee Melham, Heather Goehring, Alyssa Chambers, Andrea Gebhart, and Erica Harsh; and

     WHEREAS,  Sioux Falls Roosevelt played determined competition to win the State AA Championship; and

     WHEREAS,  two players of the Sioux Falls Roosevelt team, Betsy Naatjes and Chantel Tengwall, were selected for the All-Tournament Team:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Sioux Falls Roosevelt Rough Riders Volleyball Team be commemorated and honored for winning the 2006 State AA Volleyball Championship.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:44 p.m. the House adjourned.

Karen Gerdes, Chief Clerk