JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



FOURTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 29, 2008

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

     The prayer was offered by the Chaplain, Father Bob Lacey, followed by the Pledge of Allegiance led by House page Jeanne Hettich.

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

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirteenth 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 Transportation respectfully reports that it has had under consideration HB 1282 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1191 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 Transportation respectfully reports that it has had under consideration HB 1264 and returns the same with the recommendation that said bill be amended as follows:

1264oa

    On page 1, line 13, of the printed bill, delete "Document" and insert "Provide evidence, signed by a physician, physician assistant, or nurse practitioner".

    On page 2, line 1, delete "Document" and insert "Provide evidence, signed by a physician, physician assistant, or nurse practitioner".

    On page 2, line 4, delete "Document" and insert "Provide evidence, signed by a physician, physician assistant, or nurse practitioner".

    On page 2, line 7, delete "Document" and insert "Provide evidence, signed by a physician, physician assistant, or nurse practitioner".

    On page 2, line 12, after "physician" insert ", a physician assistant, or a nurse practitioner".

    On page 4, after line 3, insert:

"

     A waiver granted under this section may be issued for a maximum of two years. The driver may reapply for renewal of the waiver every two years.".

1264ja

    On page 1, line 6, of the printed bill, delete "insulin-dependent" and insert "insulin-treated".

    On page 2, line 1, delete "diabetic reactions" and insert "severe hypoglycemic episodes".

    On page 2, line 2, delete "diabetic reaction" and insert "any severe hypoglycemic episode".

    On page 2, line 4, delete "diabetic reactions" and insert "severe hypoglycemic episodes".

    On page 2, line 7, delete "diabetic reactions" and insert "severe hypoglycemic episodes".

    On page 2, line 21, delete "diabetic reactions" and insert "severe hypoglycemic episode".

    On page 3, line 23, delete "insulin-dependent" and insert "insulin-treated".

    On page 4, line 2, delete "insulin-dependent" and insert "insulin-treated".

1264jta

    On page 1, line 1, of the printed bill, delete "insulin-dependent" and insert "insulin-treated".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1285 which was tabled.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill be amended as follows:

1107mb

    On page 15, line 22, of the printed bill, delete " not to exceed ".

    On page 15, line 22, overstrike "twenty-five" and insert " not to exceed one hundred ".

    On page 16, line 5, of the printed bill, after "." insert " No licensed person applying for a certificate of registration after July first may be issued a certificate without paying a late fee not to exceed one hundred dollars. ".

    On page 16, between lines 5 and 6, insert:

"      Section 31. 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 shall be set by the board by rules promulgated pursuant to chapter 1-26 and may not exceed fifty dollars and the . The fee shall accompany the application. ".

    On page 16, line 10, overstrike "five" and insert " fifty ".

1107rk

    On page 30, line 21, of the printed bill, delete " one hundred " and insert " two hundred fifty ".

    On page 31, line 3, after " hundred " insert " fifty ".

1107rj

    On page 16 of the printed bill, delete lines 13 to 21, inclusive.

1107rg

    On page 14, line 11, of the printed bill, delete " one " and insert " two ".

1107mc

    On page 14, line 11, of the printed bill, after " hundred " insert " fifty ".

1107rh

    On page 29, line 7, of the printed bill, delete " one hundred " and insert " three hundred fifty ".

1107ri

    On page 38, line 4, of the printed bill, delete " commission " and insert " board ".

1107rf

    On page 13 of the printed bill, delete lines 17 to 21, inclusive.

1107re

    On page 32, line 3, of the printed bill, delete " one " and insert " three ".

1107md

    On page 14, line 15, of the printed bill, delete " one " and insert " two ".

1107ma

    On page 22, line 20, of the printed bill, after "certificates" insert " . The fee for issuance of a certificate may not exceed fifty dollars ".

    On page 23, line 4, after "fees" insert " , not to exceed fifty dollars, ".

    On page 23, line 9, after "fees" insert " , not to exceed fifty dollars, ".

    On page 23, line 12, after "fees" insert " , not to exceed one hundred twenty-five dollars ".

    On page 23, line 13, after "fees" insert " , not to exceed fifty dollars ".

    On page 23, line 15, after "reexamination" insert " , not to exceed three hundred fifty dollars per examination section, ".

    On page 23, line 16, after "certificate" insert " , not to exceed fifty dollars, ".

    On page 23, line 17, after "fees" insert " , not to exceed fifty dollars, ".

    On page 23, line 19, after "fees" insert " , not to exceed sixty-five dollars for each person holding a certificate to practice, plus fifty dollars for each firm office practicing public accountancy in this state, ".

    On page 23, line 21, after "action" insert " , not to exceed one thousand dollars, ".

    On page 23, line 22, after "certificate" insert " , not to exceed one hundred dollars, ".

    On page 23, line 22, after "permit" insert " , not to exceed sixty-five dollars for each person holding a certificate to practice, plus one hundred dollars for each firm office practicing public accountancy in this state ".

    On page 24, line 1, after "certificates" insert " , not to exceed one hundred dollars, ".


    On page 24, line 1, after "permits" insert " , not to exceed sixty-five dollars for each person holding a certificate to practice, plus one hundred dollars for each firm office practicing public accountancy in this state ".

    On page 24, line 3, after "fees" insert " , not to exceed twenty-five dollars, ".

    On page 24, line 6, after "certificates" insert " , not to exceed one hundred dollars, ".

    On page 24, line 6, after "permits" insert " , not to exceed sixty-five dollars for each person holding a certificate to practice, plus one hundred dollars for each firm office practicing public accountancy in this state, ".

    On page 24, line 10, after "fees" insert " , not to exceed one hundred dollars, ".

    On page 24, delete line 11.

    On page 24, line 14, delete " one hundred " and insert " three hundred fifty ".

    On page 24, line 23, delete " one hundred dollars " and insert " sixty-five dollars for each person holding a certificate to practice, plus fifty dollars for each firm office practicing public accountancy in this state ".

    On page 24, after line 24, insert:

"      Section 52. That § 36-20B-67 be amended to read as follows:

     36-20B-67.   An Any individual whose principal place of business is not in this state having a valid certificate or license as a certified public accountant from any state which the board or its designee has not verified to be in substantial equivalence with the licensure requirements of this chapter shall be presumed to have qualifications substantially equivalent to this state's requirements and shall have all the privileges of certificate holders and licensees of this state without the need to obtain a certificate or permit under this chapter. However, such individuals shall notify the board of their intent to enter the state under this provision completing procedures and paying fees , not to exceed one hundred fifteen dollars, specified by the board and promulgated by rule pursuant to chapter 1-26. ".

1107rm

    On page 34, line 2, of the printed bill, overstrike "of biennial renewal".

    On page 34, line 3, delete " renewal ".

    And that as so amended said bill be referred to the Committee on State Affairs.

Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1110 which was tabled.

Respectfully submitted,
Deb Peters, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1248 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations with a do pass recommendation

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1116 and 1127 which were tabled.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1257 and returns the same with the recommendation that said bill be referred to the Committee on Education.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1287 which was tabled.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1273 and 1296 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1232 and 1234 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 1188 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Carol A. Pitts, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1018 which has passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 7, 24, 28, 29, 47, 51, 55, and 58 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

     Commerce on HB 1137 as found on page 276 of the House Journal ; also

     Judiciary on HB 1130 as found on page 277 of the House Journal ; also

     Judiciary on HB 1253 as found on pages 277 and 278 of the House Journal ; also

     State Affairs on HB 1005 as found on pages 293 to 301 of the House Journal ; also

     State Affairs on HB 1006 as found on pages 301 to 303 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 7: FOR AN ACT ENTITLED, An Act to make an appropriation for the renovation of the National Guard armory in Yankton and to declare an emergency.

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

     SB 24: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain school districts for consolidation incentives.

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

     SB 28: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

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

     SB 29: FOR AN ACT ENTITLED, An Act to make an appropriation to fund a dental externship program.

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

     SB 47: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

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

     SB 51: FOR AN ACT ENTITLED, An Act to revise certain terminology, licensing requirements, and procedures regarding the Board of Examiners of Psychologists.

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

     SB 55: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to convey a tract of land in Pennington County to the United States Air Force and to declare an emergency.

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

     SB 58: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish Seymour Hall at Northern State University.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1200: FOR AN ACT ENTITLED, An Act to clarify the computation for premium tax payable for individual life insurance policies purchased by South Dakota residents.

     Was read the second time.

     The question being "Shall HB 1200 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
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 1212: FOR AN ACT ENTITLED, An Act to allow the marketing of group insurance for wireless telecommunications equipment under certain conditions.

     Was read the second time.

     The question being "Shall HB 1212 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
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 1009: FOR AN ACT ENTITLED, An Act to revise provisions relating to persons engaged in the business of money transmission.

     Was read the second time.

     The question being "Shall HB 1009 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0


     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
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 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the direction, supervision, and registration fees for veterinary technicians.

     Was read the second time.

     The question being "Shall HB 1112 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
Juhnke

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

     The question being on the title.

1112tta

     Rep. Brunner moved that the title to HB 1112 be amended as follows:

    On page 1, line 1, of the House Commerce Committee engrossed billl, 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.

     Which motion prevailed and the title was so amended.

     HB 1123: FOR AN ACT ENTITLED, An Act to establish a state renewable and recycled energy objective and to provide certain reporting requirements.

     Was read the second time.

     The question being "Shall HB 1123 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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

     Nays:
Ahlers; Bradford; Engels

     Excused:
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 1064: FOR AN ACT ENTITLED, An Act to revise the crime of aggravated incest.

     Was read the second time.

     The question being "Shall HB 1064 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
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 1075: FOR AN ACT ENTITLED, An Act to require certain criminal record checks in adoption home studies for children in the custody of the Department of Social Services.

     Was read the second time.

     The question being "Shall HB 1075 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
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 1240: FOR AN ACT ENTITLED, An Act to increase certain vehicle dealer license fees.

     Was read the second time.

     Rep. Russell Olson moved that HB 1240 and 1241 be deferred to Wednesday, January 30th, the 15th legislative day.

     Which motion prevailed.

     HB 1057: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding eligibility for open market status for the purposes of brand inspection.

     Was read the second time.

1057ta

     Rep. Nelson moved that HB 1057 be amended as follows:

    On page 1, line 15, of the printed bill, delete " the board may determine, including agreeing to abide by " and insert " may be necessary for proper brand inspection in accordance with ".

     Which motion prevailed.

     The question being "Shall HB 1057 pass as amended?"

     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; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Halverson

     Excused:
Juhnke; 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 1058: FOR AN ACT ENTITLED, An Act to increase the maximum amount allowable for the livestock ownership inspection fee.

     Was read the second time.

1058ta

     Rep. DeVries moved that HB 1058 be amended as follows:

    On page 1, line 14, of the printed bill, remove the overstrikes from " livestock ".

    On page 1, line 14, delete " cattle and ten dollars for each horse or mule ".

     Which motion prevailed.

     The question being "Shall HB 1058 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); 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; Willadsen

     Nays:
Hargens; Moore; Peters; Rhoden; Speaker Deadrick

     Excused:
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 1073: FOR AN ACT ENTITLED, An Act to require abuse and neglect registry screening for certain special advocacy volunteers and guardians ad litem.

     Was read the second time.

     The question being "Shall HB 1073 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
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. Vehle moved that HB 1099 and 1100 be deferred to Monday, February 4th, the 17th legislative day.

     Which motion prevailed.

     HB 1138: FOR AN ACT ENTITLED, An Act to prohibit the use of a false academic degree or a degree that is not completed.

     Was read the second time.

1138ca

     Rep. Al Novstrup moved that HB 1138 be amended as follows:

    On page 2 of the House Judiciary Committee engrossed bill, delete lines 3 to 5, inclusive, and insert "nor has the foreign equivalent of such accreditation or the legal authority from a foreign country to issue degrees usable as educational credentials in the jurisdiction of issue.".

     Which motion prevailed.

     Rep. Hargens moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1138 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 28, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Buckingham; Carson; Cutler; DeVries; Dreyer; Elliott; Engels; Gassman; Gilson; Glenski; Hackl; Heineman; Hills; Howie; Hunt; Jerke; Koistinen; Lucas; McLaughlin; Miles; Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Peters; Pitts; Rounds; Sigdestad; Steele; Street; Thompson; Van Etten; Vehle; Weems; Wick; Willadsen

     Nays:
Brunner; Burg; Davis; Dennert; Dykstra; Faehn; Feinstein; Gillespie; Gosch; Halverson; Hargens; Haverly; Kirkeby; Krebs; Lust; Moore; Noem; Olson (Ryan); Pederson (Gordon); Putnam; Rausch; Rave; Rhoden; Tidemann; Turbiville; Van Norman; Vanneman; Speaker Deadrick

     Excused:
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 1065: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7 sobriety program.

     Was read the second time.

     The question being "Shall HB 1065 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; 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:
Howie; 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 1131: FOR AN ACT ENTITLED, An Act to permit the court to assess the crime victims' compensation surcharge in cases involving certain adjudicated children.

     Was read the second time.

     The question being "Shall HB 1131 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, 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; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Elliott; Halverson; Van Norman

     Excused:
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 1068: FOR AN ACT ENTITLED, An Act to authorize the Office of the Attorney General to construct a storage facility in Rapid City, South Dakota, and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1068 pass?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Koistinen; 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; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Nays:
Bradford; Engels; Moore

     Excused:
Juhnke; Wick

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


     HB 1144: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the purchase of motorcycles for use in the motorcycle safety training courses, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1144 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
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 1218: FOR AN ACT ENTITLED, An Act to increase the maximum allowable outstanding amount of bonds issued by the Health and Educational Facility Authority on behalf of the four technical institutes.

     Was read the second time.

1218sa

     Rep. Hackl moved that HB 1218 be amended as follows:

    On page 1, line 9, of the printed bill, delete " eighty " and insert " fifty-four ".

     Which motion lost.

      The question being "Shall HB 1218 pass?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

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

     Nays:
Hackl; Hunt; Pitts; Rave

     Excused:
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 1180: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

     Was read the second time.

     The question being "Shall HB 1180 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; 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:
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 1193: FOR AN ACT ENTITLED, An Act to require abortion facilities to offer sonograms to pregnant women under certain circumstances.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1193 pass?"

     And the roll being called:

     Yeas 38, Nays 31, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Davis; DeVries; Dykstra; Faehn; Gassman; Glenski; Gosch; Hackl; Haverly; Heineman; Howie; Hunt; Jerke; Koistinen; Krebs; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Carson; Cutler; Dennert; Dreyer; Elliott; Engels; Feinstein; Gillespie; Gilson; Halverson; Hargens; Hills; Kirkeby; Lucas; Lust; McLaughlin; Nygaard; Olson (Ryan); Pederson (Gordon); Peters; Pitts; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman; Vehle

     Excused:
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 1016: FOR AN ACT ENTITLED, An Act to establish a new system of funding for the postsecondary technical institutes.

     Was read the second time.


     Rep. Dykstra moved that the balance of the calendar including HB 1016, 1135, 1067, 1080, 1081, 1082, 1083, 1194, 1211, 1213, 1122, 1149, 1168, 1201, and 1203 and SB 15, 2, 3, and 34 be deferred to Wednesday, January 30th, the 15th 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 Education respectfully reports that it has had under consideration HB  1164 and 1291 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  1312 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 Education respectfully reports that it has had under consideration HB 1303 and returns the same with the recommendation that said bill be amended as follows:

1303ca

    On page 1, line 12, of the printed bill, delete " to students and low-income residents ".

1303cta

    On page 1, line 3, of the printed bill, delete "to students and low-income residents".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1308 and 1316 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1018 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1039, 1040, 1045, and 1050 were delivered to his Excellency, the Governor, for his approval at 3:48 p.m., January 29, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1018: FOR AN ACT ENTITLED, An Act to  refund special fuel taxes under certain circumstances.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:18 p.m. the House adjourned.

Karen Gerdes, Chief Clerk