JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



EIGHTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 17, 2008

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Taryn Arbeiter and Sara Holmstrom.

     Roll Call: All members present except Reps. Boomgarden, Cutler, and Deadrick who were 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 seventh day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1108 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 Government Operations and Audit respectfully reports that it has had under consideration HB 1109 and returns the same with the recommendation that said bill be amended as follows:

1109aa

    On page 1, line 6, of the printed bill, remove the overstrikes from " The executive ".

    On page 1, remove the overstrikes from line 7.

    On page 1, line 8, remove the overstrikes from " services in conducting background investigations. ".

    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1106 which was tabled.

Respectfully submitted,
Deb Peters, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1117 and 1167 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Joel D. Dykstra, Chair


 Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1042 and returns the same with the recommendation that said bill be amended as follows:

1042ta

     On page 3, line 12, of the printed bill, delete "Any" and insert "For the purpose of acquiring resident small game and fishing licenses, any".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1043 and returns the same without recommendation.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1062, 1088, 1090, and 1097 and returns the same with the recommendation that said bills do pass. (Journal correction: See page 209 of the House Journal.)

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1092 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 Judiciary respectfully reports that it has had under consideration HB 1061 and returns the same with the recommendation that said bill be amended as follows:

1061ra

     On page 1, line 15, of the printed bill, delete " one-half ".

    On page 2, line 1, delete " one-half pound but less than ".

    On page 2, line 1, after " pound " insert " or more ".

    On page 2, line 2, delete everything after " . " .

    On page 2, line 3, delete everything before "A" .

    And that as so amended said bill do pass.

    Journal correction: See page 209 of the House Journal.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1093 and returns the same with the recommendation that said bill be amended as follows:

1093rb

    On page 2, line 4, of the printed bill, after "child" delete ";" and insert ",".

    On page 2, line 5, after "custody" insert "as determined by §  25-5-10".

1093ra

    On page 1 of the printed bill, delete lines 11 to 14, inclusive.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1096 and returns the same with the recommendation that said bill be amended as follows:

1096rb

    On page 1, line 7, of the printed bill, delete everything after "." .

    On page 1, delete lines 8 to 14, inclusive.

    On page 2, delete lines 1 and 2.

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1102 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1089, 1091, 1094, 1095, 1098, and 1101 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1038 and 1144 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill be amended as follows:

1014ja

    On page 1, line 7, of the printed bill, delete " §  32-5-2.2 " and insert " § §  32-5-2.2 and 32-5- 2.6 ".

    On page 1, line 15, delete " §  32-5-2.2 " and insert " § §  32-5-2.2 and 32-5-2.6 ".

    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1161 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

 Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1044 and 1051 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1048 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 1, 2, 3, 6, 9, 12, 13, 15, 19, 30, 31, 32, 39, and 43 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 1 and 2 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 1 Introduced by: Representatives Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Deadrick; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup, Al; Novstrup, David; Nygaard; Olson, Betty; Olson, Russell; Olson, Ryan; Pederson, Gordon; Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-third Legislature of the State of South Dakota to Taryn Arbeiter, Talley

Borns, Daniel DeGroot, Bethany Hill, Sara Holmstrom, Jessica Jones, Dusti Michaud, Molly Rausch, Garrett Shearer, Amanda Wegner, and Emma Werling.

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

    WHEREAS, the members of the Eighty-third 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- third 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 1 be adopted.

    Which motion prevailed and the resolution was adopted.

     SCR 1: A CONCURRENT RESOLUTION, Supporting the use of video cameras in state, tribal, and local law enforcement vehicles.

     Was read the first time and the Speaker waived the committee referral.

     SCR 2: A CONCURRENT RESOLUTION, Urging Congress to provide additional funding for tribal historic preservation offices.

     Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on HB 1036 as found on pages 142 and 143 of the House Journal ; also

     Commerce on HB 1037 as found on page 143 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1242  Introduced by:  Representatives Ahlers, Bradford, DeVries, Elliott, Engels, Gassman, Hills, Krebs, McLaughlin, Moore, Sigdestad, Van Norman, and Weems and Senators Sutton, Heidepriem, Jerstad, Olson (Ed), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to require the Department of Education and the Board of Regents to establish certain programs for children who are deaf and hard-of-hearing.

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

     HB 1243  Introduced by:  Representatives Glenski, Cutler, Miles, Nygaard, Sigdestad, Steele, Thompson, and Van Etten and Senators Katus, Hoerth, and Schmidt (Dennis)

     FOR AN ACT ENTITLED, An Act to impose sales and use taxes on certain advertising services and products and to dedicate the increased tax revenue to the food tax relief fund for the purpose of reducing sales and use taxes on food.

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

     HB 1244  Introduced by:  Representatives Gillespie, Ahlers, Bradford, Burg, Dennert, Dykstra, Elliott, Engels, Feinstein, Gassman, Gilson, Glenski, Halverson, Hargens, Hills, Lucas, Miles, Moore, Nygaard, Peters, Sigdestad, Street, Thompson, and Tidemann and Senators Turbak Berry, Abdallah, Albers, Gant, Heidepriem, Napoli, and Peterson (Jim)

     FOR AN ACT ENTITLED, An Act to require the county planning and zoning commission to publish certain minutes.

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

     HB 1245  Introduced by:  Representatives Hargens, Burg, Cutler, Deadrick, Dykstra, Faehn, Feinstein, Gillespie, Gilson, Hackl, Halverson, Heineman, Jerke, Juhnke, Krebs, Moore, Noem, Novstrup (Al), Olson (Russell), Peters, Pitts, Rave, Tidemann, Vanneman, and Willadsen and Senators Hansen (Tom), Albers, Bartling, Dempster, Greenfield, Heidepriem, Hoerth, Hundstad, Hunhoff, Nesselhuf, Olson (Ed), Peterson (Jim), Sutton, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to clarify certain purposes and characteristics of water development districts, to revise the boundaries of the Central Plains, East Dakota, Vermillion Basin, James River, and South Central water development districts, and to revise provisions related to the board of directors in the affected districts.

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

     HB 1246  Introduced by:  Representative Rave and Senator Dempster

     FOR AN ACT ENTITLED, An Act to provide for a public records dispute resolution procedure.

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

     HB 1247  Introduced by:  Representatives Dykstra, Brunner, Cutler, Deadrick, Faehn, Halverson, Hargens, Krebs, Noem, Nygaard, Pitts, Putnam, Rausch, Rave, Rhoden, Street, Tidemann, and Vanneman and Senators Knudson, Albers, Dempster, Gray, Hansen (Tom), Hanson (Gary), Hauge, and Peterson (Jim)

     FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on the sale of renewable motor fuels by retailers.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 1: FOR AN ACT ENTITLED, An Act to provide for nomination and election when a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances.

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

     SB 2: FOR AN ACT ENTITLED, An Act to prohibit public access to birth dates of voters contained in the master voter registration file.

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

     SB 3: FOR AN ACT ENTITLED, An Act to revise certain procedures concerning elections for special districts and to declare an emergency.

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

     SB 6: FOR AN ACT ENTITLED, An Act to revise certain provisions to allow the transfer of ownership of an application to appropriate water.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 9: FOR AN ACT ENTITLED, An Act to provide for the disposal of state surplus property.

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

     SB 12: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

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

     SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension of a minor's driving privileges.

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

     SB 15: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding an electronic vehicle title.

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

     SB 19: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the duties of the executive director of the South Dakota Science and Technology Authority.

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

     SB 30: FOR AN ACT ENTITLED, An Act to revise the minimum fire safety standards for specialty resorts.

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

     SB 31: FOR AN ACT ENTITLED, An Act to provide for certification of chiropractic assistants.

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

     SB 32: FOR AN ACT ENTITLED, An Act to establish a separate licensure category for vacation home establishments and to require vacation home establishments to meet minimum fire safety standards.

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


      SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension, implementation, and refund of electric or natural gas rates.

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

     SB 43: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the siting of energy facilities.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1022: FOR AN ACT ENTITLED, An Act to revise the South Dakota Retirement System's contested case provisions.

     Was read the second time.

     The question being "Shall HB 1022 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent 0

     Yeas:
Ahlers; Bradford; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; 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

     Nays:
Moore

     Excused:
Boomgarden; Brunner; Cutler; Koistinen; Rhoden; Speaker Deadrick

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

     HB 1025: FOR AN ACT ENTITLED, An Act to bring the South Dakota Retirement System's annual benefit improvement for certain firefighters in line with the improvement for other members.

     Was read the second time.

     The question being "Shall HB 1025 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Ahlers; Bradford; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; 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; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen

     Excused:
Boomgarden; Brunner; Cutler; Rhoden; Speaker Deadrick

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

     HB 1072: FOR AN ACT ENTITLED, An Act to revise the intent of the appointments of panels for voluntary review of certain first level health care decisions.

     Was read the second time.

     The question being "Shall HB 1072 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Ahlers; Bradford; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; 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; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen

     Excused:
Boomgarden; Brunner; Cutler; Rhoden; Speaker Deadrick

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1113: FOR AN ACT ENTITLED, An Act to provide minimum notice requirements to persons who lease real property for their own mobile or manufactured homes.

     Was read the second time.

     Rep. Dykstra moved that HB 1113 be placed to follow HB 1035 on today's calendar.

     Which motion prevailed.

     HB 1019: FOR AN ACT ENTITLED, An Act to provide benefit formula improvements for the members of the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall HB 1019 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Ahlers; Bradford; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; 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; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen

     Excused:
Boomgarden; Brunner; Cutler; Rhoden; Speaker Deadrick

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

     HB 1020: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Retirement System Board of Trustees to establish an automatic enrollment feature within the South Dakota deferred compensation plan.

     Was read the second time.

     The question being "Shall HB 1020 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Ahlers; Bradford; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; 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; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen

     Excused:
Boomgarden; Brunner; Cutler; Rhoden; Speaker Deadrick

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

     HB 1021: FOR AN ACT ENTITLED, An Act to create the South Dakota Retirement System supplemental pension benefit.

     Was read the second time.

     The question being "Shall HB 1021 pass?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 5, Absent 0

     Yeas:
Ahlers; Bradford; Buckingham; Burg; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; 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; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Weems; Wick; Willadsen

     Nays:
Carson; Vehle

     Excused:
Boomgarden; Brunner; Cutler; Rhoden; Speaker Deadrick

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

     HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the South Dakota Retirement System, the South Dakota deferred compensation plan and the South Dakota special pay retirement program.

     Was read the second time.

     The question being "Shall HB 1023 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Ahlers; Bradford; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; 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; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen

     Excused:
Boomgarden; Brunner; Cutler; Rhoden; Speaker Deadrick

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

     HB 1024: FOR AN ACT ENTITLED, An Act to revise the definition of child for the purposes of the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall HB 1024 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0


     Yeas:
Ahlers; Bradford; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; 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; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen

     Excused:
Boomgarden; Brunner; Cutler; Rhoden; 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.

     Rep. Dykstra moved that HB 1035 and 1113 be deferred to Tuesday, January 22nd, the 9th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1105, 1125, and 1134 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1029 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Carol Pitts, Chair

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:46 p.m. the House adjourned.

Karen Gerdes, Chief Clerk
JOINT SESSION

    Pursuant to the report of the Joint-Select Committee as found on page 44 of the House Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of seven former members of the South Dakota Legislature, namely: the Honorable H. Junior Engbrecht, the Honorable Carol R. Hillard, the Honorable Ralph A. Nauman; the Honorable Wayne Peterson; the Honorable Larry Stalheim; the Honorable David J. Strom; and the Honorable Walter Zabel; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self- government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-third Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

    BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Eighty-third Session of the Legislature of the State of South Dakota, now assembled this 17th day of January, 2008, at Pierre, South Dakota.