JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



FIFTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 30, 2008

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

     The prayer was offered by the Chaplain, Pastor Jim Weems, followed by the Pledge of Allegiance led by House pages Cheryl Bietz, Carolyn Soulek, and Whitney Wright.

     Roll Call: All members present except Reps. Dryer, 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 fourteenth day.

    In the House Journal on the twelfth day the following correction should be made:

    On page 273, delete lines 2 and 3, and insert:

    "The Committee on Education respectfully reports that it has had under consideration HB 1049, 1152, 1153, and 1249 which were deferred to the 36th Legislative Day."

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair
     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1261 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1250 and returns the same with the recommendation that said bill be amended as follows:

1250oa

    On page 1, line 4, of the printed bill, delete " seven " and insert " ten ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1205 which was tabled.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1086, 1175, and 1206 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1162 and 1260 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1217 and returns the same with the recommendation that said bill do pass and be referred to the Committee on Appropriations.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1163 and returns the same with the recommendation that said bill be amended as follows:

1163rta

    On page 1, line 1, of the printed bill, delete "detention" and insert "diversion".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1238 and returns the same with the recommendation that said bill be amended as follows:

1238ja

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

"
     Section 1. That § 26-10-1 be amended to read as follows:

     26-10-1.   Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable force, as provided in § 22-18-5, is a defense to an offense under this section. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

     If any person convicted of this offense is the minor's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services. "

1238ra

    On the previously adopted amendment (1238ja), delete " or within seven years of the commission of the crime, whichever is longer " .

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1297 and returns the same with the recommendation that said bill be referred to the Committee on Commerce.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1063 which was tabled.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1141 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

 Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1190 and 1256 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 1159 and returns the same with the recommendation that said bill be amended as follows:

1159oa

    On page 3, line 5, of the printed bill, after "motorcycles," insert " motorhomes or travel trailers of the type and kind required to be titled and registered pursuant to chapters 32-3 and 32-5, ".

    And that as so amended 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  1270 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Tim Rounds, Chair
Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 38 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 50 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 Health and Human Services respectfully reports that it has had under consideration HB 1128 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1007, 1011, 1019, 1020, 1021, 1022, 1023, 1024, 1025, and 1108 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 46, 49, 57, 77, 82, 83, 85, 88, 92, 93, 133, 151, 188, 199, and 200 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, January 31st, the 16th legislative day.

     Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEES

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

     Transportation on HB 1264 as found on pages 308 and 309 of the House Journal ; also

     Government Operations and Audit on HB 1107 as found on pages 309 to 312 of the House Journal ; also

     Education on HB 1303 as found on page 330 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 46: FOR AN ACT ENTITLED, An Act to increase certain license fees for grain buyers and grain warehouses.

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

     SB 49: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

     SB 57: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a roadway on the campus of the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

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

     SB 77: FOR AN ACT ENTITLED, An Act to repeal the provision that prohibits radio or televison broadcasting or taking of photographs of judicial proceedings from courtrooms.

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

     SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the accumulation of funds by counties for capital outlay purposes.

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


     SB 83: FOR AN ACT ENTITLED, An Act to repeal a medical malpractice limitation applicable to minors aged six or over.

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

     SB 85: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the trust business in banks and the trust company business.

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

     SB 88: FOR AN ACT ENTITLED, An Act to require abortion facilities to offer sonograms to pregnant women under certain circumstances.

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

     SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the classification and taxation of real property.

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

     SB 93: FOR AN ACT ENTITLED, An Act to revise the uniform commercial code.

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

     SB 133: FOR AN ACT ENTITLED, An Act to require that any adult arrested for a qualifying offense provide a DNA sample.

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

     SB 151: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the purchase price and determining just compensation for electric facilities in areas annexed by municipalities.

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

     SB 188: FOR AN ACT ENTITLED, An Act to establish high performance building design and construction standards for newly constructed or renovated state-owned buildings.

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

     SB 199: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings.

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

     SB 200: FOR AN ACT ENTITLED, An Act to establish a statewide trauma system.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1191: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the display of customized motorcycles at certain events.

     Was read the second time.

     The question being "Shall HB 1191 pass?"

     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; 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:
Dreyer; 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 1312: FOR AN ACT ENTITLED, An Act to change the South Dakota virtual high school to the South Dakota virtual school.

     Was read the second time.

     The question being "Shall HB 1312 pass?"


     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

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

     Excused:
Dreyer; 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.

    Speaker Deadrick now presiding.

HONORED GUESTS

     Speaker Deadrick introduced the 2006-2007 Outstanding School Administrators of South Dakota: Larry Johnke, Irene-Wakonda, School Superintendent; Dennis Povondra, Bon Homme, School Business Official; Ruth Claeys, Box Elder, Elementary School Principal; James Bridge, Alexandria, Secondary School Principal; Bradley Berens, Mitchell, Middle School Principal; Wallace Bosch, Yankton, Assistant Secondary Principal; Dr. Lesli Hanson, Watertown, Curriculum Director; and Daniel Goodwin, Sioux Falls, Director of Special Education.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1240: FOR AN ACT ENTITLED, An Act to increase certain vehicle dealer license fees.

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

1240ta

     Rep. Peters moved that HB 1240 be amended as follows:

    On page 2, line 2, of the printed bill, delete " $250 " and insert " $175 ".

    On page 2, line 3, delete " $250 " and insert " $175 ".

    On page 2, line 4, delete " $200 " and insert " $150 ".

    On page 2, line 5, delete " $75 " and insert " $100 ".

    On page 2, line 6, delete " $250 " and insert " $175 ".

    On page 2, line 13, delete " two " and insert " one ".

    On page 2, line 19, delete " one two hundred" and insert "one hundred seventy-five ".

    On page 3, line 7, after " hundred " insert " twenty-five ".

     The Speaker, being in doubt of the voice vote, called for a division of the House.

    The Speaker declared Rep. Peters' motion prevailed.

     The question being "Shall HB 1240 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 14, Excused 3, Absent 0

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

     Nays:
Dykstra; Faehn; Haverly; Hunt; Jerke; Moore; Noem; Olson (Russell); Peters; Pitts; Rausch; Rave; Rhoden; Turbiville

     Excused:
Dreyer; 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 1241: FOR AN ACT ENTITLED, An Act to provide licensed dealers additional time to deliver a title under certain conditions.

     Was read the second time.

     The question being "Shall HB 1241 pass as amended?"

     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; 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:
Dreyer; 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.

     Rep. Haverly moved that HB 1016 be deferred to Wednesday, February 6th, the 19th legislative day.

     Which motion prevailed.

     HB 1135: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to filing petitions for protection and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1135 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0


     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; 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

     Nays:
Bradford

     Excused:
Dreyer; 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 1067: FOR AN ACT ENTITLED, An Act to make an appropriation to defray operation costs of the 24/7 sobriety program and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1067 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; Dykstra; 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:
Dreyer; Elliott; Howie; 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 1080: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a student athlete development center on the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1080 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; 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; 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:
Moore

     Excused:
Dreyer; 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 1081: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to replace storage facilities at the Cottonwood Agricultural Experiment Station and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; 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; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); 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:
Moore; Olson (Russell)

     Excused:
Dreyer; 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 1082: FOR AN ACT ENTITLED, An Act to revise the appropriation for a new dairy manufacturing plant at South Dakota State University.

     Was read the second time.

     The question being "Shall HB 1082 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; 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; 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:
Moore

     Excused:
Dreyer; 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 1083: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a new public restroom facility at McCrory Gardens on the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1083 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; 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; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); 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:
Moore; Pederson (Gordon)

     Excused:
Dreyer; 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 1194: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding group life insurance policies.

     Was read the second time.

     The question being "Shall HB 1194 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

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

     Excused:
Dreyer; 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 1211: FOR AN ACT ENTITLED, An Act to revise the audit requirements for farm mutual insurers.

     Was read the second time.

     The question being "Shall HB 1211 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

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

     Nays:
Feinstein

     Excused:
Dreyer; Elliott; Juhnke; Koistinen

     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 1213: FOR AN ACT ENTITLED, An Act to provide a uniform standard for processing of accident and health carrier policy rate and form filings.

     Was read the second time.

1213ja

     Rep. Rounds moved that HB 1213 be amended as follows:

    On page 2, line 8, of the printed bill, after "group" insert "health".

    On page 2, line 8, delete "an accident and".

    On page 2, line 9, delete "health carrier" and insert "a carrier as defined in subdivision 58- 18B-1(3)".

    On page 3, line 2, delete "53-11-21" and insert "58-11-21".

     Which motion prevailed.

     The question being "Shall HB 1213 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; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Dreyer; Elliott; Juhnke; Koistinen

     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 1122: FOR AN ACT ENTITLED, An Act to increase the jurisdictional amount in certain civil actions and small claims proceedings.

     Was read the second time.

     The question being "Shall HB 1122 pass?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent 0

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

     Nays:
Noem; Rounds; Speaker Deadrick

     Excused:
Dreyer; 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 1149: FOR AN ACT ENTITLED, An Act to extend the period of time a protection order granted upon a finding of domestic abuse may remain in effect.

     Was read the second time.

     The question being "Shall HB 1149 pass?"

     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; 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:
Dreyer; 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 1168: FOR AN ACT ENTITLED, An Act to clarify the penalty applicable to violations of certain no contact orders.

     Was read the second time.

     The question being "Shall HB 1168 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dykstra; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; 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; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Hunt; Vehle

     Excused:
Dreyer; 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 1201: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the placement or return of abused or neglected children.

     Was read the second time.

     Rep. Cutler moved that HB 1201 be deferred to Thursday, January 31st, the 16th legislative day.

     Which motion prevailed.

     Rep. Rhoden moved that HB 1203 be deferred to Thursday, January 31st, the 16th legislative day.

     Which motion prevailed.

     HB 1137: FOR AN ACT ENTITLED, An Act to adopt the Model Registered Agents Act.

     Was read the second time.

     The question being "Shall HB 1137 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

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

     Excused:
Dreyer; 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 1130: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the implementation by the court of the standard visitation guidelines.

     Was read the second time.

     The question being "Shall HB 1130 pass as amended?"

     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; 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:
Dreyer; 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 1253: FOR AN ACT ENTITLED, An Act to require that home studies conducted for custody determinations be completed by certain professionals.

     Was read the second time.

     The question being "Shall HB 1253 pass as amended?"

     And the roll being called:

     Yeas 16, Nays 51, Excused 3, Absent 0

     Yeas:
Carson; Cutler; Davis; Gillespie; Gilson; Hargens; Haverly; Hills; Kirkeby; McLaughlin; Novstrup (Al); Novstrup (David); Peters; Vanneman; Vehle; Willadsen

     Nays:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Dennert; DeVries; Dykstra; Engels; Faehn; Feinstein; Gassman; Glenski; Gosch; Hackl; Halverson; Heineman; Howie; Hunt; Jerke; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Weems; Wick; Speaker Deadrick

     Excused:
Dreyer; Elliott; Juhnke

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

     HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of real property, to assess agricultural land based on its agricultural income value, to create an implementation and oversight advisory task force, to repeal certain provisions regarding the assessment of property, and to repeal the nonagricultural acreage classification.

     Was read the second time.

     Rep. Rhoden moved that the balance of the calendar including HB 1005, 1006, 1282, 1079, 1232, 1234, 1164, and 1291 and SB 15, 2, 3, and 34 be deferred to Thursday, January 31st, the 16th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1007, 1011, 1019, 1020, 1021, 1022, 1023, 1024, 1025, and 1108 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1018 was delivered to his Excellency, the Governor, for his approval at 3:50 p.m., January 30, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1007: FOR AN ACT ENTITLED, An Act to  make form and style revisions to certain taxation and revenue statutes.

     HB 1011: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the bank franchise tax.

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

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

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

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

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

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

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

     HB 1108: FOR AN ACT ENTITLED, An Act to  repeal the election equipment replacement fund and to transfer the existing balance to the state general fund.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:02 p.m. the House adjourned.

Karen Gerdes, Chief Clerk