JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION




TENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 23, 2008

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

     The prayer was offered by the Chaplain, Rev. Greg Kroger, followed by the Pledge of Allegiance led by House pages Cora Rattling Leaf and Pamela Trautner.

     Roll Call: All members present except Reps. Elliott and Juhnke 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 ninth day.

    In the House Journal of the eighth day the following correction should be made:

    On page 171, line 16, delete "1090,".

    On page 172, after line 4, insert:

"Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB1090 and returns the same with the recommendation that said bill be amended as follows:

1090ra

    On page 1, line 11, of the printed bill, delete "statute" and insert "state and federal law".


    And that as so amended said bill do pass."

     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 Health and Human Services respectfully reports that it has had under consideration HB 1078 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Don Van Etten, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 21, 26, 42, and 68 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1090 as found on page 209 of the House Journal ; also

     Taxation on HB 1169 as found on pages 188 and 189 of the House Journal ; also

     Taxation on HB 1181 as found on page 189 of the House Journal ; also



     Taxation on HB 1010 as found on pages 189 to 193 of the House Journal
; also

     Education on HB 1186 as found on page 194 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1262  Introduced by:  Representatives Buckingham, Heineman, McLaughlin, and Van Etten and Senator Olson (Ed)

     FOR AN ACT ENTITLED, An Act to enhance the salaries of teachers in South Dakota.

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

     HB 1263  Introduced by:  Representatives Buckingham, Boomgarden, Brunner, Davis, DeVries, Hackl, Hargens, Howie, Juhnke, Koistinen, Olson (Betty), and Wick and Senators Greenfield, Abdallah, Maher, Peterson (Jim), and Schmidt (Dennis)

     FOR AN ACT ENTITLED, An Act to establish a hunter mentoring program, to authorize hunting under certain conditions by persons less than sixteen years of age, and to authorize the Game, Fish and Parks Commission to promulgate rules.

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

     HB 1264  Introduced by:  Representatives Jerke, Elliott, Faehn, Howie, Kirkeby, Lust, Miles, Moore, Olson (Betty), and Sigdestad and Senators Napoli, Albers, Garnos, Hauge, McCracken, and Sutton

     FOR AN ACT ENTITLED, An Act to permit certain persons with insulin-dependent diabetes mellitus to get an endorsement on a commercial driver license to drive a school bus.

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


     HB 1265  Introduced by:  Representatives Koistinen, Brunner, Dennert, DeVries, Elliott, Engels, Faehn, Gassman, Gilson, Halverson, Hills, Howie, Jerke, Lucas, McLaughlin, Miles, Nelson, Noem, Novstrup (Al), Nygaard, Rounds, Steele, Street, Turbiville, Van Etten, Vanneman, Weems, and Wick and Senators Greenfield, Abdallah, Albers, Apa, Duenwald, Hansen (Tom), Hauge, Hunhoff, Maher, Peterson (Jim), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to prohibit the sale, purchase, use, or possession of alcohol without liquid devices.

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

     HB 1266  Introduced by:  Representatives Hunt, Deadrick, Lust, and Thompson and Senators Hunhoff, Hundstad, and Smidt (Orville)

     FOR AN ACT ENTITLED, An Act to require standards for the exercise of delegated legislative authority.

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

     HB 1267  Introduced by:  Representatives Tidemann, Boomgarden, Faehn, Pitts, Rausch, Rounds, Weems, and Wick and Senators Smidt (Orville), Hunhoff, Nesselhuf, and Sutton

     FOR AN ACT ENTITLED, An Act to appropriation for the lease, lease purchase, or financing of two airplanes for transportation at the University of South Dakota and South Dakota State University, and to declare an emergency.

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

     HB 1268  Introduced by:  Representatives Noem, Brunner, Cutler, Elliott, Faehn, Hackl, Hargens, Kirkeby, Miles, Pitts, Rausch, and Rhoden and Senators Olson (Ed), Abdallah, Apa, Greenfield, Hansen (Tom), Hanson (Gary), McCracken, and McNenny

     FOR AN ACT ENTITLED, An Act to establish a statewide minimum teacher salary that school districts must meet within five years and to allow school districts to receive funds through the teachers compensation assistance program to meet the minimum salary requirement.

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

     HB 1269  Introduced by:  Representatives Rounds, Cutler, Krebs, Nygaard, and Wick and Senators Kloucek, Abdallah, and Peterson (Jim)

     FOR AN ACT ENTITLED, An Act to allow a beer and wine combination license.

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



     HB 1270  Introduced by:  Representatives Faehn, Halverson, Hills, Koistinen, Krebs, Novstrup (Al), Peters, Rounds, Sigdestad, Street, Turbiville, and Willadsen and Senators McCracken, Gray, Hanson (Gary), Katus, Olson (Ed), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to prohibit improper influence regarding real estate appraisals and to establish certain penalties.

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

     HB 1271  Introduced by:  Representatives Engels, Cutler, Feinstein, Gillespie, Kirkeby, Lust, Moore, and Willadsen and Senators Albers, Abdallah, Bartling, Gant, Heidepriem, Koetzle, Olson (Ed), Peterson (Jim), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to abolish the doctrine of abatement ab initio of a criminal proceeding and to provide for the posthumous sentencing of certain criminal defendants.

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

     HB 1272  Introduced by:  Representatives Feinstein, Ahlers, Burg, Dennert, Elliott, Engels, Gassman, Lucas, Miles, Moore, Nygaard, Sigdestad, Thompson, and Van Norman and Senators Hanson (Gary), Bartling, Heidepriem, Hoerth, Jerstad, Katus, Kloucek, Koetzle, Maher, Nesselhuf, and Two Bulls

     FOR AN ACT ENTITLED, An Act to establish a state renewable energy standard.

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

     HB 1273  Introduced by:  Representatives Dennert, Halverson, and Sigdestad and Senators Hundstad and Peterson (Jim)

     FOR AN ACT ENTITLED, An Act to exempt agricultural land from the general fund and special education fund levies imposed by school districts.

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

     HB 1274  Introduced by:  The Committee on Appropriations at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding the South Dakota opportunity scholarships.

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



     HB 1275  Introduced by:  The Committee on Appropriations at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation for a portion of the costs related to the acquisition of easements adjacent to Bear Butte State Park and to declare an emergency.

     Was read the first time.

     HB 1276  Introduced by:  The Committee on Appropriations at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability of property tax and sales tax.

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

     HB 1277  Introduced by:  The Committee on Appropriations at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to make appropriations from the general fund, the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state cost share for the Lewis and Clark Rural Water System, to revise the state water plan, and to declare an emergency.

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

     HB 1278  Introduced by:  Representative Gillespie and Senator Bartling

     FOR AN ACT ENTITLED, An Act to require certain safety devices or systems to be installed during the construction of public swimming pools or spas.

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

     HB 1279  Introduced by:  Representatives Rhoden, Deadrick, Dykstra, Gilson, Halverson, Haverly, Heineman, Krebs, Lust, McLaughlin, Peters, Rave, Turbiville, Weems, and Wick and Senators Knudson, Dempster, Gray, McCracken, Nesselhuf, Olson (Ed), and Smidt (Orville)

     FOR AN ACT ENTITLED, An Act to align math and science education with South Dakota's historic and unique scientific opportunities, to direct the Department of Education to initiate Project Lead the Way, to develop a clearinghouse for certain educational opportunities, and to provide for an independent analysis of the state's content standards, and to make an appropriation therefor.



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

     HB 1280  Introduced by:  Representatives Rhoden, Brunner, Cutler, Deadrick, Dykstra, Faehn, Heineman, Krebs, Olson (Russell), Rave, and Turbiville and Senators Knudson, Albers, Dempster, Gant, Gray, and Hansen (Tom)

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records and public meetings.

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

     HB 1281  Introduced by:  Representatives Rounds, Faehn, Halverson, Howie, Olson (Ryan), and Rhoden and Senators Greenfield, Jerstad, Olson (Ed), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to permit municipalities and counties to assess surcharges against intoxicated persons responsible for certain expenditures of local resources.

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

     HB 1282  Introduced by:  Representatives Turbiville, Halverson, Krebs, Miles, Moore, and Novstrup (Al) and Senators Bartling, Hanson (Gary), Napoli, Schmidt (Dennis), and Smidt (Orville)

     FOR AN ACT ENTITLED, An Act to provide for the assumption of risk by operators of off-road vehicles for certain injuries arising out of operating off-road vehicles and to limit the civil liability of off-road vehicle renters.

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

     HB 1283  Introduced by:  Representatives Brunner and Peters and Senators Maher and Nesselhuf

     FOR AN ACT ENTITLED, An Act to create a special class of alcoholic beverage licenses for full service restaurants and to provide for compensation of certain alcoholic beverage licenses.

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


     HB 1284  Introduced by:  Representatives Street, Ahlers, Burg, Dennert, Faehn, Gassman, Moore, Noem, and Turbiville and Senators Peterson (Jim), Bartling, Nesselhuf, and Olson (Ed)

     FOR AN ACT ENTITLED, An Act to require certain employees acquiring real property to be certified, licensed, or registered by the Department of Revenue and Regulation as real estate appraisers.

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

     HB 1285  Introduced by:  Representatives Street, Dennert, Dykstra, Faehn, Gassman, Halverson, Hargens, Noem, Novstrup (Al), Pitts, and Rausch and Senators Peterson (Jim), Albers, Hanson (Gary), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to establish an incentive grant program for the installation of ethanol blender pumps and to make an appropriation therefor.

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

     HB 1286  Introduced by:  Representatives Thompson, Bradford, Burg, Dennert, Elliott, Engels, Feinstein, Gassman, Gillespie, Halverson, Hargens, Lucas, Moore, Nygaard, Sigdestad, and Street and Senators Turbak Berry, Jerstad, Katus, Kloucek, and Two Bulls

     FOR AN ACT ENTITLED, An Act to provide for legislative redistricting by a bipartisan, nonlegislative commission.

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

     HB 1287  Introduced by:  Representatives Deadrick, Bradford, Brunner, Cutler, Faehn, Hargens, Hunt, Juhnke, Koistinen, Krebs, Noem, Olson (Betty), Rave, Turbiville, Vanneman, and Weems and Senators Garnos, Abdallah, Duenwald, Gray, Lintz, McCracken, and Olson (Ed)

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

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


     HB 1288  Introduced by:  Representatives Weems, Bradford, Buckingham, Elliott, Gilson, Heineman, Hills, McLaughlin, Novstrup (Al), Olson (Ryan), Rausch, Rhoden, Tidemann, Wick, and Willadsen and Senators Napoli, Greenfield, McCracken, Schmidt (Dennis), Smidt (Orville), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to allow any school district that qualifies for both the declining enrollment allowance and the growing enrollment payment in the same fiscal year to only benefit from the one that provides the most additional funding to the district.

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

     HB 1289  Introduced by:  Representatives Weems, Gilson, McLaughlin, Olson (Ryan), Wick, and Willadsen

     FOR AN ACT ENTITLED, An Act to revise the state aid formula by limiting the declining enrollment allowance to only those school districts that lose at least ten students from one year to the next.

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

     HB 1290  Introduced by:  Representatives Sigdestad, Bradford, Dennert, DeVries, Elliott, Gassman, Halverson, Kirkeby, Koistinen, Lucas, Nelson, Novstrup (Al), Olson (Russell), and Van Norman and Senators Hanson (Gary), Bartling, Greenfield, Hoerth, Hundstad, Napoli, Peterson (Jim), and Smidt (Orville)

     FOR AN ACT ENTITLED, An Act to exempt certain entities from the criminal background check for persons in the business of mortgage lending.

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

     HB 1291  Introduced by:  Representatives Weems, Bradford, Elliott, Gilson, Hackl, Heineman, Hills, Miles, Novstrup (Al), Novstrup (David), Olson (Ryan), Rausch, Rhoden, Thompson, Tidemann, Van Norman, Wick, and Willadsen and Senators Hansen (Tom), Albers, Greenfield, Heidepriem, Maher, McCracken, McNenny, Schmidt (Dennis), Smidt (Orville), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to allow students who have dyslexia to receive special education or special education and related services.

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


     HB 1292  Introduced by:  Representative Putnam

     FOR AN ACT ENTITLED, An Act to allow transfer of administrative operations of the cement plant retirement plan to the South Dakota Retirement System.

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

     HB 1293  Introduced by:  Representatives Hargens, Deadrick, and Rhoden and Senators Heidepriem and Peterson (Jim)

     FOR AN ACT ENTITLED, An Act to provide for the removal of dead deer from certain highways.

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

     HB 1294  Introduced by:  Representatives Faehn, Brunner, Cutler, Davis, Halverson, Howie, Krebs, McLaughlin, Pitts, Rave, Street, Tidemann, Turbiville, Van Etten, Vehle, Wick, and Willadsen and Senators Turbak Berry, Garnos, Greenfield, and Olson (Ed)

     FOR AN ACT ENTITLED, An Act to authorize the issuance of non smoking establishment on-sale alcoholic beverage licenses.

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

     HB 1295  Introduced by:  Representatives Olson (Russell), Carson, Kirkeby, Olson (Betty), Rounds, Sigdestad, and Turbiville and Senators Bartling, Albers, Dempster, Olson (Ed), and Schmidt (Dennis)

     FOR AN ACT ENTITLED, An Act to establish certain provisions regarding instruments filed with the register of deeds that may contain personally identifiable information.

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

     HB 1296  Introduced by:  Representatives Ahlers, Halverson, Hargens, Noem, Putnam, Rausch, Tidemann, and Vehle and Senators Peterson (Jim), Dempster, Hansen (Tom), Heidepriem, Kloucek, Olson (Ed), and Sutton

     FOR AN ACT ENTITLED, An Act to authorize community renewable energy development projects and to provide for certain tax benefits for such projects.

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


     HB 1297  Introduced by:  Representatives Cutler, Bradford, Brunner, Carson, Davis, Deadrick, DeVries, Dreyer, Elliott, Engels, Feinstein, Gassman, Gillespie, Gilson, Glenski, Gosch, Hackl, Halverson, Hargens, Haverly, Hills, Howie, Hunt, Jerke, Kirkeby, Krebs, Lucas, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Betty), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rhoden, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Weems, Wick, and Willadsen and Senators McCracken, Abdallah, Albers, Bartling, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Koetzle, Lintz, Maher, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, Turbak Berry, and Two Bulls

     FOR AN ACT ENTITLED, An Act to provide a maximum finance charge for short-term consumer loans and title loans.

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

     HB 1298  Introduced by:  Representatives Nygaard, Miles, Moore, and Rhoden and Senators Duenwald, Heidepriem, and Olson (Ed)

     FOR AN ACT ENTITLED, An Act to revise the qualifications for the director of the Division of Veterans Affairs.

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

     HB 1299  Introduced by:  Representatives Vehle, Ahlers, Carson, Dreyer, Feinstein, Jerke, Lust, Sigdestad, Steele, Street, and Willadsen and Senators Hauge, Dempster, Jerstad, McCracken, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to establish a task force to study highway needs and financing of highway needs in the state and to declare an emergency.

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

     HB 1300  Introduced by:  Representatives Heineman, Dykstra, Gilson, Hills, Krebs, Lust, McLaughlin, Novstrup (Al), Rave, Rhoden, Weems, and Wick and Senators Olson (Ed), Dempster, Jerstad, Knudson, Nesselhuf, Peterson (Jim), and Smidt (Orville)

     FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a framework for a high school for the twenty-first century, and to require high schools to report on activities and results relative to that framework.

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


     HB 1301  Introduced by:  Representative Kirkeby and Senator Katus

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exercise of eminent domain by rural fire protection districts.

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

     HB 1302  Introduced by:  Representatives Van Norman, Ahlers, Bradford, Burg, Dennert, Elliott, Engels, Feinstein, Halverson, Lucas, Moore, Sigdestad, and Thompson and Senators Two Bulls, Bartling, Heidepriem, Hoerth, Hundstad, Katus, Kloucek, Maher, Nesselhuf, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to revise certain notification requirements related to the placement of children under the Indian Child Welfare Act.

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

     HB 1303  Introduced by:  Representatives Van Norman, Ahlers, Bradford, Burg, DeVries, Elliott, Engels, Feinstein, Gillespie, Halverson, Hills, Lucas, Nygaard, Sigdestad, Street, and Thompson and Senators Maher, Bartling, Heidepriem, Hoerth, Hundstad, Kloucek, Nesselhuf, Turbak Berry, and Two Bulls

     FOR AN ACT ENTITLED, An Act to require the South Dakota State Library to deliver services and materials to residents in remote areas of the state, and to deliver those services and materials to students and low-income residents free of charge.

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

     HB 1304  Introduced by:  Representatives Van Norman, Ahlers, Bradford, Burg, Dennert, Engels, Feinstein, Halverson, Lucas, Moore, Nygaard, Sigdestad, and Thompson and Senators Two Bulls, Bartling, Heidepriem, Hoerth, Hundstad, Katus, Kloucek, Maher, Nesselhuf, and Turbak Berry

     FOR AN ACT ENTITLED, An Act to implement the recommendations of the Indian Child Welfare Commission.

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


     HB 1305  Introduced by:  Representatives DeVries, Brunner, Gassman, Howie, Jerke, Lucas, Nelson, Noem, and Olson (Betty) and Senators Lintz, Duenwald, Maher, McNenny, Napoli, and Sutton

     FOR AN ACT ENTITLED, An Act to revise provisions related to a state animal identification program and to prohibit participation by the State of South Dakota in a national animal identification system.

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

     HB 1306  Introduced by:  Representatives DeVries, Boomgarden, Bradford, Brunner, Buckingham, Gilson, Hackl, Howie, Koistinen, Miles, Noem, Olson (Betty), Olson (Ryan), Rhoden, Steele, Turbiville, Van Norman, and Weems and Senators Duenwald, Abdallah, Apa, Garnos, Gray, Greenfield, Jerstad, McNenny, and Napoli

     FOR AN ACT ENTITLED, An Act to allow certain students to participate in the opportunity scholarship program under certain circumstances.

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

     HB 1307  Introduced by:  Representatives Wick, Faehn, Novstrup (Al), Tidemann, and Weems and Senator McNenny

     FOR AN ACT ENTITLED, An Act to create additional classifications of real property, to revise certain provisions concerning the taxation of such property, and to repeal the nonagricultural acreage classification.

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

     HB 1308  Introduced by:  Representatives Wick, Dennert, Heineman, Hills, and Tidemann and Senator Smidt (Orville)

     FOR AN ACT ENTITLED, An Act to require the Board of Education to revise the alternative certification standards for career and technical education teachers.

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


     HB 1309  Introduced by:  Representatives Bradford, Gassman, Lucas, Nygaard, and Sigdestad and Senators Two Bulls, Hanson (Gary), Maher, and Sutton

     FOR AN ACT ENTITLED, An Act to prohibit the issuance of certain alcoholic beverage licenses for establishments located near Bear Butte.

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

     HB 1310  Introduced by:  Representatives Bradford, Elliott, Gassman, Lucas, Moore, Nygaard, Sigdestad, and Van Norman and Senators Two Bulls, Hanson (Gary), Hundstad, Kloucek, Maher, and Sutton

     FOR AN ACT ENTITLED, An Act to authorize the construction of nursing facilities on American Indian reservations under certain circumstances.

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

     HB 1311  Introduced by:  Representatives Pitts, Dykstra, Elliott, Faehn, Lucas, Miles, Moore, Noem, Rhoden, Rounds, and Van Etten and Senators Bartling, Hunhoff, Jerstad, Katus, Lintz, McCracken, and Olson (Ed)

     FOR AN ACT ENTITLED, An Act to prevent seizures by prohibiting the interchange of anti-epileptic drugs without prior notification and consent.

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

     HB 1312  Introduced by:  Representatives Olson (Ryan), Buckingham, Elliott, Gilson, Hills, and Weems and Senators Gray and Nesselhuf

     FOR AN ACT ENTITLED, An Act to change the South Dakota virtual high school to the South Dakota virtual school.

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

     HB 1313  Introduced by:  Representatives Olson (Ryan), Gilson, Gosch, Hills, Lust, and Rounds and Senators Albers and Abdallah

     FOR AN ACT ENTITLED, An Act to prohibit the use of certain electronic communication devices to communicate threats and harassment and to provide a penalty therefor.

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


     HB 1314  Introduced by:  Representatives Olson (Ryan) and Rounds and Senator Gray

     FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell and convey real and personal property located at the Spring Creek Recreation Area and to declare an emergency.

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

     HB 1315  Introduced by:  Representatives Krebs, Ahlers, Hills, and Pederson (Gordon) and Senators Napoli, Hauge, and Sutton

     FOR AN ACT ENTITLED, An Act to create a Highway Finance Task Force to study highway needs and financing.

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

     HB 1316  Introduced by:  Representatives Peters, Hackl, Haverly, Koistinen, Novstrup (Al), Novstrup (David), Olson (Russell), Rave, Weems, Wick, and Willadsen and Senators Napoli, Apa, Greenfield, Maher, and Nesselhuf

     FOR AN ACT ENTITLED, An Act to establish a maximum balance for school district pension funds.

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

     HJR 1005  Introduced by:  Representatives Deadrick, Brunner, Buckingham, Cutler, Gillespie, Halverson, Hargens, Haverly, Howie, Jerke, Juhnke, Kirkeby, Nelson, Noem, Pitts, Rave, Rhoden, and Turbiville and Senators Lintz, Garnos, Knudson, Napoli, and Olson (Ed)

     A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, related to hunting, fishing, and trapping.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the interstate enrollment options program.

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



     SB 26: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the rule making authority of the South Dakota Board of Education for pre-kindergarten programs.

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

     SB 42: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the regulation of public warehouses by the Public Utilities Commission.

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

     SB 68: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding mufflers on motorcycles.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1109: FOR AN ACT ENTITLED, An Act to repeal the state lottery investigation fund and the authority of the state lottery to contract with the attorney general for certain services.

     Was read the second time.

     The question being "Shall HB 1109 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Elliott; Juhnke; Krebs; Putnam

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



     HB 1014: FOR AN ACT ENTITLED, An Act to stagger the licensing of snowmobiles and boats.

     Was read the second time.

     The question being "Shall HB 1014 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     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.

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

1113rg

     Rep. Kirkeby moved that HB 1113 be amended as follows:

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

"      Section 1. Any person who owns a mobile or manufactured home and leases real property on which to place the home shall, if the property is developed for an alternate use, receive no less than ninety days notice, from the landowner, to vacate and remove the home from the real property. The provisions of this section do not apply if the notice is based upon a breach of the terms of a lease."



     Which motion prevailed.

     The question being "Shall HB 1113 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 11, Excused 2, Absent 0

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

     Nays:
Davis; Dykstra; Hackl; Howie; Hunt; Jerke; Olson (Betty); Peters; Rhoden; Willadsen; Speaker Deadrick

     Excused:
Elliott; Juhnke

     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 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding action on medical claims for workers' compensation and to establish a administrative fine for delays regarding these medical claims.

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

1037ja

     Rep. Noem moved that HB 1037 be amended as follows:

    On page 2, line 4, of the House Commerce Committee engrossed bill, delete "implement the provisions of" and insert "establish standards for medical bill submissions pursuant to section 1 of".

     Which motion prevailed.


     The question being "Shall HB 1037 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

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

     Nays:
DeVries; Hunt; Miles; Moore; Olson (Betty); Peters

     Excused:
Elliott; Juhnke

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

     HB 1062: FOR AN ACT ENTITLED, An Act to include officers of the National Park Service in the definition of a federal law enforcement officer.

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

     The question being "Shall HB 1062 pass?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

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

     Nays:
DeVries; Hackl; Hunt; Olson (Betty); Olson (Russell); Peters


     Excused:
Elliott; Juhnke

     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 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to temporary custody prior to divorce or separate maintenance.

     Was read the second time.

     The question being "Shall HB 1088 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

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

     Excused:
Elliott; Juhnke

     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 1097: FOR AN ACT ENTITLED, An Act to provide for the imposition of certain sanctions against parties who willfully do not comply with custody or visitation decrees.

     Was read the second time.

     The question being "Shall HB 1097 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0



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

     Nays:
Pitts; Turbiville

     Excused:
Elliott; Juhnke

     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 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding accident reports and insurance premium increases involving the operators of emergency snow removal equipment.

     Was read the second time.

1038ja

     Rep. Peters moved that HB 1038 be amended as follows:

    On page 2, line 3, of the printed bill, delete " a " and insert " an emergency ".

    On page 2, line 5, before " call " delete " a " and insert " an emergency ".

    On page 2, line 13, after " equipment " insert " , when operation is in response to an emergency call of duty from and ".

    On page 2, line 14, after " duty " insert " , ".

    On page 3, after line 5, insert:

"      Section 3. That § 32-12-61 be amended to read as follows:

     32-12-61.   The Department of Public Safety shall file all abstracts of court records of convictions received by it under the laws of this state and all accident reports received. The Department of Public Safety shall maintain records or make suitable notations on the individual record of each licensee and any person domiciled in this state who is required to have a driver license showing the convictions, disqualifications, and other licensing actions for violations of

any state or local law relating to motor vehicle traffic control committed while the licensee or person was operating any type of vehicle and the traffic accidents in which the licensee or person has been involved. The information shall be readily ascertainable and available for the consideration of the department upon any application for renewal of a license. However, with the exception of convictions resulting from operation of a commercial motor vehicle, no conviction for speeding which is ten miles per hour or less over the posted speed limit and no speeding conviction received from another state may be entered on the licensee's driving record, but may be recorded separately. The separate record may not be made available to the public. No accident may be entered on the driving record of a law enforcement officer, firefighter, or emergency medical technician if such the accident resulted from the law enforcement officer's, firefighter's, or emergency medical technician's response to a call of duty as a law enforcement officer, firefighter, or emergency medical technician and the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties and was driving an official vehicle. Such The accident shall be recorded separately. No accident may be entered on the driving record of an operator of emergency snow removal equipment if the accident resulted from the operator's response to an emergency call of duty as an operator of emergency snow removal equipment and the operator was lawfully engaged in the performance of official duties in support of an emergency call of duty by a law enforcement officer, firefighter, or emergency medical technician and was driving official snow removal equipment. The accident shall be recorded separately. ".

     Rep. Krebs requested that Joint Rule 5-17 be invoked on HB 1038.

     Which request was supported and HB 1038 with Rep. Peters' pending motion to amend was deferred until Friday, January 25th, the 12th legislative day.

     Rep. Ryan Olson moved that HB 1044 be placed to follow HB 1051 on today's calendar.

     Which motion prevailed.

     HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts and to declare an emergency.

     Was read the second time.

1051ca

     Rep. Hargens moved that HB 1051 be amended as follows:

    On page 1, line 6, of the printed bill, overstrike "2007" and insert " 2008 ".

    On page 1, line 10, overstrike "2007" and insert " 2008 ".

    On page 1, line 15, overstrike "2007" and insert " 2008 ".


    On page 2, line 5, overstrike "2007" and insert " 2008 ".

    On page 2, line 12, overstrike "2007" and insert " 2008 ".

    On page 2, line 18, overstrike "2007" and insert " 2008 ".

    A roll call vote was requested and supported.

    The question being on Rep. Hargens' motion that HB 1051 be amended.

     And the roll being called:

     Yeas 28, Nays 40, Excused 2, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Carson; Davis; Dennert; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Koistinen; Lucas; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Pitts; Sigdestad; Street; Thompson; Van Norman; Vehle

     Nays:
Boomgarden; Brunner; Buckingham; Cutler; DeVries; Dreyer; Dykstra; Faehn; Gilson; Gosch; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Krebs; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Elliott; Juhnke

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

1051cb

     Rep. Hargens moved that HB 1051 be amended as follows:

    On page 1, line 6, of the printed bill, overstrike "July 1, 2007" and insert " January 1, 2008 ".

    On page 1, line 10, overstrike "July 1, 2007" and insert " January 1, 2008 ".

    On page 1, line 15, overstrike "July 1, 2007" and insert " January 1, 2008 ".

    On page 2, line 5, overstrike "July 1, 2007" and insert " January 1, 2008 ".

    On page 2, line 12, overstrike "July 1, 2007" and insert " January 1, 2008 ".



    On page 2, line 18, overstrike "July 1, 2007" and insert " January 1, 2008 ".

    A roll call vote was requested and supported.

    The question being on Rep. Hargens' motion that HB 1051 be amended.

     And the roll being called:

     Yeas 30, Nays 38, Excused 2, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Carson; Davis; Dennert; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Hills; Kirkeby; Koistinen; Lucas; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Pitts; Sigdestad; Street; Thompson; Van Norman; Vehle

     Nays:
Boomgarden; Brunner; Buckingham; Cutler; DeVries; Dreyer; Dykstra; Faehn; Gilson; Gosch; Haverly; Heineman; Howie; Hunt; Jerke; Krebs; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Elliott; Juhnke

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

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1051 pass?"

     And the roll being called:

     Yeas 42, Nays 26, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gilson; Gosch; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick



     Nays:
Ahlers; Bradford; Burg; Carson; Dennert; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Koistinen; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Pitts; Sigdestad; Street; Thompson; Van Norman; Vehle

     Excused:
Elliott; Juhnke

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

     Pursuant to Joint Rule 5-13.1, HB 1051 was up for immediate reconsideration.

1051xa

     Rep. Rhoden moved that HB 1051 be amended as follows:

    On page 3 of the printed bill, delete lines 11 to 13, inclusive.

     Which motion prevailed.

     Rep. Rhoden moved that HB 1051 be deferred to Thursday, January 24th, the 11th legislative day.

     Which motion prevailed.

     HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the teacher compensation assistance program.

     Was read the second time.

1044ca

     Rep. Ryan Olson moved that HB 1044 be amended as follows:

    On page 1, line 6, of the printed bill, delete "The" and insert "Once all the school districts with approved applications have received their funding pursuant to § 13-3-73, the ".

    On page 1, line 6, after "aside" insert "from any funds remaining,".

     Which motion prevailed.


     The question being "Shall HB 1044 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent 0

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

     Nays:
Bradford; Gassman; Gillespie

     Excused:
Elliott; Feinstein; Juhnke

     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. Al Novstrup moved that the rules be suspended for the sole purpose of introducing, giving first reading, and committee referral to a bill relating to requiring the Department of Education to provide certain school district information on a centralized website.

     The question being on Rep. Al Novstrup's motion that the rules be suspended for the sole purpose of introducing, giving first reading, and committee referral to a bill relating to requiring the Department of Education to provide certain school district information on a centralized website.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

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

     There being no objection, the House reverted to Order of Business No. 10.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1317  Introduced by:  Representatives Novstrup (Al), Brunner, DeVries, Feinstein, Hackl, Heineman, Krebs, Miles, Novstrup (David), Peters, Thompson, Van Etten, Weems, and Wick and Senators Greenfield, Hansen (Tom), Jerstad, Maher, McCracken, McNenny, Napoli, Smidt (Orville), and Turbak Berry

     FOR AN ACT ENTITLED, An Act to require the Department of Education to provide certain school district information on a centralized website.

     Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

     HB 1105: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the recording and indexing of homestead descriptions.

     Was read the second time.

     Rep. Rhoden moved that HB 1105, 1125, 1134, 1042, 1061, 1093, 1096, 1043, 1182, 1070, 1071, 1170, 1156, and 1174 be deferred to Thursday, January 24th, the 11th 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 Commerce respectfully reports that it has had under consideration HB  1008, 1114, 1118, and 1126 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1013 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1009 and returns the same with the recommendation that said bill be amended as follows:

1009ja

    On page 3, line 16, of the printed bill, after "." insert "Stored value does not include any item that is redeemable by the issuer or its affiliates in goods or services of the issuer or its affiliates.".

1009jb

    On page 4, line 22, of the printed bill, delete everything after "," and insert "and any subcontractor, agent, or independent contractor that sells payment instruments issued by any such entity or sells such entity's money transmission services on behalf of such entity;".

    On page 4, delete lines 23 and 24.

    On page 5, line 1, delete "or mutual banks;".

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:

1112ta

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

"
     Section 1. That § 36-12-21.1 be amended to read as follows:

     36-12-21.1.   Any veterinarian licensed to practice his profession veterinary medicine in the State of South Dakota may use the services of not more than two one or more registered veterinary technicians. Veterinary technicians provided for in this section before being employed by a licensed veterinarian shall be registered by the board as provided by §§ 36-12-21.3 and 36- 12-21.4 and while registered and employed by a licensed veterinarian may not be are not considered to be engaged in the practice of veterinary medicine.

     Section 2. That § 36-12-21.3 be amended to read as follows:

     36-12-21.3.   An application for registry of a veterinary technician shall be filed with the board by the licensed veterinarian under whom the technician will practice. The application for registry shall set out the qualifications of the technician required by the rules of the board and the application shall be on forms provided by the board. The fee for registration of a veterinary technician is ten dollars and the shall be established by the State Board of Veterinary Medical Examiners in rules promulgated pursuant to chapter 1-26 and may not exceed fifty dollars. The fee shall accompany the application.

     Section 3. That § 36-12-21.6 be amended to read as follows:

     36-12-21.6.   A veterinary technician may only work under the direction or supervision of the licensed veterinarian or veterinarians by whom he the technician is employed. The State board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 to define the terms, direction, and, supervision.

     Section 4. That § 36-12-21.7 be amended to read as follows:

     36-12-21.7.   A veterinary technician registered under §§ 36-12-21.3 and 36-12-21.4 may not maintain or operate any office separate from the office of the licensed veterinarian by whom he the technician is employed. "

1112sa

    On the previously adopted amendment (1112ta), in section 3, delete " terms, direction, and supervision " and insert " terms direction and supervision "


1112tta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions related to the direction, supervision, and registration fees for veterinary technicians.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:54 p.m. the House adjourned.

Karen Gerdes, Chief Clerk