The prayer was offered by the Chaplain, Rev. Brian Christensen, followed by the Pledge of Allegiance led by House pages Sean Crawford and Rachel Skea.

     Roll Call: All members present.

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

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

     And we hereby move the adoption of the report.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-second Legislature of the State of South Dakota to Lee Bennett, Allyson Billion, Sean Crawford, Daniel Gustafson, Kara Marks, Kourtney Minish, Alison Park, Rachel Skea, Kristin Thorson, Brittney Traxinger, Ann Ziegler.

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

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

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

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

    Rep. Rhoden moved that House Page Resolution 4 be adopted.

    Which motion prevailed and the resolution was adopted.

The Honorable Thomas J. Deadrick
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Speaker Deadrick and Members of the House:

I herewith return House Bill 1026 with the following recommendations as to STYLE and FORM.

House Bill 1026 is An Act to define unprotected birds.

This problem can be solved by making the following style and form corrections to the House Agriculture and Natural Resources Engrossed Bill as follows:

On page 1, line 1, of the House Agriculture and Natural Resources Committee engrossed bill, delete everything after "An Act to" and insert "classify certain bird species as unprotected."

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
M. Michael Rounds

cc:    The Honorable Dennis Daugaard
    The Honorable Chris Nelson

    I have the honor to return herewith HB 1060, 1082, and 1101 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 98, 165, 185, and 202.

     Absent:
Carson; Koistinen

     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.

     The question being on Rep. Van Etten's motion that the House do concur in Senate amendments to HB 1155.

     And the roll being called:

     Yeas 67, Nays 1, Excused 0, Absent 2

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; 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:
Elliott

     Absent:
Carson; Koistinen

     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.

     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.

     Which motion prevailed.

     Yeas 28, Nays 42, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Cutler; Dennert; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hargens; Heineman; Hills; Krebs; Lucas; McLaughlin; Miles; Nygaard; Peters; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman; Vehle

     Nays:
Boomgarden; Brunner; Buckingham; Carson; Davis; DeVries; Dreyer; Faehn; Gilson; Hackl; Halverson; Hanks; Haverly; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Lust; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

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

     Rep. Vehle moved that the report of the Conference Committee on HB 1286 as found on page 729 of the House Journal be adopted.

     The question being on Rep. Vehle's motion that the report of the Conference Committee on HB 1286 be adopted.

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

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

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

"      Section 3. There is hereby appropriated from the general fund the sum of one million eight hundred thousand dollars ($ 1,800,000 ), or so much thereof as may be necessary, to the Department of Education to be distributed to sparse school districts according to the formula specified in § §  13-13-78 and 13-13-79.".

     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.

"
     Section 20. There is hereby established the Senate Bill 173 Implementation and Oversight Advisory Task Force. The task force shall consist of the following eight members:

"      Section 20. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     Section 21. That chapter 10-21 be amended by adding thereto a NEW SECTION to read as follows:

     Section 22. That chapter 10-21 be amended by adding thereto a NEW SECTION to read as follows:

     Section 23. That chapter 10-21 be amended by adding thereto a NEW SECTION to read as follows:

     The question being on Rep. Hackl's motion that SB 173 be further amended.

     And the roll being called:

     Yeas 23, Nays 47, Excused 0, Absent 0

     Yeas:
Bradford; Cutler; Elliott; Feinstein; Gassman; Hackl; Hanks; Haverly; Heineman; Hunt; Koistinen; Lust; Novstrup (Al); Novstrup (David); Peters; Sigdestad; Steele; Street; Van Etten; Van Norman; Weems; Wick; Willadsen

     Nays:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Gillespie; Gilson; Glenski; Halverson; Hargens; Hills; Howie; Jerke; Juhnke; Kirkeby; Krebs; Lucas; McLaughlin; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Thompson; Tidemann; Turbiville; Vanneman; Vehle; Speaker Deadrick

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

     And the roll being called:

     Yeas 29, Nays 40, Excused 0, Absent 1

     Yeas:
Boomgarden; Carson; Cutler; Dreyer; Elliott; Faehn; Feinstein; Gilson; Glenski; Hackl; Hanks; Haverly; Heineman; Hills; Hunt; Koistinen; McLaughlin; Novstrup (Al); Novstrup (David); Olson (Russell); Peters; Rausch; Steele; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen

     Nays:
Ahlers; Bradford; Brunner; Buckingham; Burg; Davis; Dennert; DeVries; Dykstra; Engels; Gassman; Gillespie; Halverson; Hargens; Howie; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; Miles; Nelson; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Tidemann; Turbiville; Vanneman; Speaker Deadrick

     Absent:
Moore

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

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

     The House reconvened at 2:30 p.m., the Speaker presiding.

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on HB 1048 and has appointed Sens. Knudson, Gray, and Nesselhuf as a new 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.

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SJR 9 and no committee was appointed.

"
     Section 1. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

     13-13-72.   It is the policy of the Legislature that the appropriation for the state aid to education foundation program increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain constant. However, the increase in the per student allocation on an annual basis that exceeds three percent shall be paid solely by the state and is not a factor in this policy.

     Section 5. The Board of Education shall promulgate rules, pursuant to chapter 1-26, to create an oversight board appointed by the secretary of education for approval of applications, guidelines for district applications based on district instructional goals or market compensation, and a system to monitor the progress of participating school districts with their compensation assistance plans and to ensure that each participating school district is complying with the plan as submitted to the board. Participation in the program is discretionary. District applications shall be approved by the local board of education. The applications shall be reviewed by the teacher compensation assistance program oversight board and shall be recommended to the Board of Education for final approval.

     Section 6. Once a school district's initial five-year plan is complete, the school district may reapply for the program. If a school district reapplies and the district's application is denied by the Board of Education due to changes in the program's requirements, that school district is still entitled to receive funding for this program, if the school district continues to follow its original teacher compensation plan that it followed during the initial five years. The funding that school district is entitled to receive during the first year following the denial and in each year thereafter, as long as the school district continues to follow the original teacher compensation plan, shall be calculated as follows:

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

"

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

     The House reconvened at 5:00 p.m., the Speaker presiding.

     Nays:
Lucas

     Excused:
Gillespie

     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.

     Nays:
Dennert; Dykstra; Elliott; Feinstein

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 105 was tabled.

     HB 1161: FOR AN ACT ENTITLED, An Act to  revise the elements of the crime of first degree robbery.

     HB 1162: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the sales and distribution of tobacco products.

     HB 1249: FOR AN ACT ENTITLED, An Act to  establish the teen court grant program, to require the submission of a report, to provide for its purpose and funding, and to declare an emergency.

     HB 1251: FOR AN ACT ENTITLED, An Act to  continuously appropriate certain federal funds to the Commissioner of School and Public Lands and to require such funds to be set forth as informational items in the commissioner's budget.

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

     HB 1286: FOR AN ACT ENTITLED, An Act to  require that records of archaeological sites be maintained and to provide that certain records remain confidential.

     HB 1302: FOR AN ACT ENTITLED, An Act to  revise the requirements for certain on-sale alcoholic beverage licenses.

     SB 10: FOR AN ACT ENTITLED, An Act to  revise certain requirements and procedures regarding the one-call notification system for excavation activities.

     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.

     SB 44: FOR AN ACT ENTITLED, An Act to  require the conduct of criminal background checks for certain persons employed by the Division of Banking.

     SB 45: FOR AN ACT ENTITLED, An Act to  repeal the authority for state chartered savings and loan associations.

     SB 53: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a new engineering class/lab building for South Dakota State University and to make an appropriation therefor.

     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.

     SB 75: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding living wills.

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

     SB 82: FOR AN ACT ENTITLED, An Act to  revise certain fees charged by sheriffs.

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

     SB 87: FOR AN ACT ENTITLED, An Act to  permit school district boards to consist of a combination of members who are elected at large and by member representation areas.

     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.

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

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

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

     SB 101: FOR AN ACT ENTITLED, An Act to  establish a governance policy for school boards.

     SB 123: FOR AN ACT ENTITLED, An Act to  provide that sheriffs receive payment for marshaling assets for an execution of judgment or execution sale even if no sale occurs.

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

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

     SB 135: FOR AN ACT ENTITLED, An Act to  increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

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

     SB 153: FOR AN ACT ENTITLED, An Act to  provide for the suspension of certain county officials pending completion of criminal prosecutions.

     SB 159: FOR AN ACT ENTITLED, An Act to  allow a taxpayer who is the subject of an audit to provide certain pertinent papers and documents after the prescribed deadline under limited circumstances.

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

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

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

     SB 183: FOR AN ACT ENTITLED, An Act to  exempt the production of certain plants and sod from sales and use taxes.

     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.

     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.

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

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

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

     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.

     And signed the same in the presence of the House.

second best place in its 2006 survey. Union County was the only county to remain on the top ten list from the 2006 survey; and

railroad lines into the Dakotas and is named for the engineer on the first train whose name was Castle and for the conductor whose name was Wood; and