JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



SEVENTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 4, 2008

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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by House page Devin Rounds.

     Roll Call: All members present except Reps. McLaughlin and Pitts 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 sixteenth day.

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

    On page 242, between lines 16 and 17, insert:
                                             1100rd
    "On page 1, line 10, of the printed bill, delete "violence" and insert "abuse"."

     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.
    The oath of office was administered by Speaker Deadrick to the following named pages:

     Tiffany Eldevik, Daniel Enge, James Francis, Shana Green, Shane Gross, Lauren Hauck, Adam Jungers, Elise Kazmerzak, Bradi Porch, Devin Rounds, Shelby Schoon, Justin Siemens, Alecia Skea, and Martha Stiegelmeier.

    Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 1, 2008

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 1, 2008, I approved House Bills 1018, 1039, 1040, 1045, and 1050, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HJR  1001 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1239 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1139 and returns the same with the recommendation that said bill be amended as follows:


1139ra

     On page 1, line 10, of the printed bill, delete " promissary " and insert " promissory ".

    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 1146 and returns the same with the recommendation that said bill be amended as follows:

1146rta

     On page 1, line 1, of the printed bill, delete everything after "regarding" and insert "subsequent administration of an".

     On page 1, delete line 2.

    And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1259 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 HB 1155 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1115 and 1219 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill be amended as follows:

1221vb

     On page 2, line 9, of the House Education Committee engrossed bill, after "buildings" insert "or one dollar, whichever is less,".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1222 and returns the same with the recommendation that said bill be amended as follows:

1222va

     On page 2, line 14, of the printed bill, delete "two million five hundred thousand dollars" and insert "one dollar".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1223 and returns the same with the recommendation that said bill be amended as follows:

1223va

     On page 2, line 14, of the printed bill, delete "two million five hundred thousand dollars" and insert "one dollar".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1226 and returns the same with the recommendation that said bill be amended as follows:

1226ba

     On page 1, line 3, of the printed bill, delete "two million dollars" and insert "one dollar ($1)".

     On page 1, line 4, delete "($2,000,000)".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill be amended as follows:

1227ba

     On page 1, line 4, of the printed bill, delete "two million five" and insert "one dollar ($1)".

     On page 1, line 5, delete "hundred ten thousand four hundred eight dollars ($2,510,408)".

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1010, 1105, and 1125 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 107, 112, 129, and 173 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

    Speaker Pro tempore Rave now presiding.

MOTIONS AND RESOLUTIONS

     SCR 5: A CONCURRENT RESOLUTION, Urging the Midwest Independent System Operator to reconsider its pricing methodology with respect to certain energy transmission costs.

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

     Rep. Glenski moved that the Committee on State Affairs be instructed to deliver HB 1166 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Transportation on HB 1315 as found on page 358 of the House Journal ; also

     Appropriations on HB 1129 as found on page 359 of the House Journal ; also

     Appropriations on HB 1276 as found on page 360 of the House Journal ; also

     State Affairs on HB 1247 as found on page 360 of the House Journal ; also

     State Affairs on HB 1258 as found on page 361 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 107: FOR AN ACT ENTITLED, An Act to authorize county special assessments for certain improvements, maintenance, and repair to roadways in unorganized townships.

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

     SB 112: FOR AN ACT ENTITLED, An Act to revise eligibility requirements for continuation of health care coverage.

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

     SB 129: FOR AN ACT ENTITLED, An Act to revise the grounds for which continuation or conversion is not required for group health policies.

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

     SB 173: FOR AN ACT ENTITLED, An Act to exempt certain dairies from the restrictions of the Family Farm Act.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1159: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding franchise protection for certain types of merchandise.

     Was read the second time.

     The question being "Shall HB 1159 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; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
McLaughlin; Olson (Ryan); Pitts; 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 1143: FOR AN ACT ENTITLED, An Act to repeal certain requirements related to school district employee retirement benefits.

     Was read the second time.

     The question being "Shall HB 1143 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; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
McLaughlin; Olson (Ryan); Pitts

     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.

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

     Was read the second time.


     The question being "Shall SB 12 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; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
McLaughlin; Olson (Ryan); Pitts

     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.

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

     Was read the second time.

     Rep. Moore requested that SB 13 be removed from the Consent Calendar.

    Which request was granted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Vehle moved that HB 1099 be placed to follow HB 1100 on today's calendar.

     Which motion prevailed.

     HB 1100: FOR AN ACT ENTITLED, An Act to create a rebuttable presumption against the award of custody to any person with a proven history of domestic abuse.

     Was read the second time.

1100rg

     Rep. Cutler moved that HB 1100 be amended as follows:

     On page 2, line 2, of the House Judiciary Committee engrossed bill, delete "shall" and insert "may".

     Which motion prevailed.

     The question being "Shall HB 1100 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; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Koistinen

     Excused:
McLaughlin; Olson (Ryan); Pitts

     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 1099: FOR AN ACT ENTITLED, An Act to require custody or visitation dispute mediation under certain circumstances.

     Was read the second time.

1099rc

     Rep. Vehle moved that HB 1099 be amended as follows:

     On page 1, line 8, of the House Judiciary Committee engrossed bill, delete " unless " and insert " . However, mediation is inappropriate if ".

     Which motion prevailed.

     The question being "Shall HB 1099 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; 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; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; 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; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Moore

     Excused:
McLaughlin; Pitts

     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 1203: FOR AN ACT ENTITLED, An Act to provide for the sale or consumption of alcoholic beverages upon property adjoining licensed premises.

     Was read the second time.

1203fc

     Rep. Dreyer moved that HB 1203 be amended as follows:

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

     "      Section 1. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the provisions of §  35-4-75, the governing body of the municipality charged with the approval of alcoholic beverage license issuance may, by ordinance, permit the sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right- of-way abutting a licensed premises, provided that the license holder derives more than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises.

     Any ordinance adopted by the governing body of a municipality pursuant to this section shall require the alcoholic beverage license holder to provide a barrier encompassing the portion of the sidewalk or walkway subject to a public right-of-way upon which the municipality permits the sale and consumption of alcoholic beverages. Nothing contained in this section prevents the governing body from imposing additional conditions or restrictions that it deems appropriate.

     The sidewalk or walkway subject to a public right-of-way where the sale and consumption of alcoholic beverages is permitted does not constitute a public place as defined in §  35-1-5.3, if the sidewalk or walkway subject to a public right-of-way has been properly authorized for sale and consumption of alcoholic beverages pursuant to this section. The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way as provided by this section shall be consistent with the hours permitted for the on-sale license.

     A violation of any provision of Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of Title 35 as if the violation had occurred in or on the licensed premises."

     Which motion prevailed.

     The question being "Shall HB 1203 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 8, 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; Howie; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vehle; Wick

     Nays:
Hunt; Moore; Noem; Van Norman; Vanneman; Weems; Willadsen; Speaker Deadrick

     Excused:
McLaughlin; Pitts

     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 1282: 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 second time.

1282fa

     Rep. Turbiville moved that HB 1282 be amended as follows:

     On page 2 of the printed bill, delete lines 9 to 23, inclusive.

     Which motion prevailed.

     The question being "Shall HB 1282 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 15, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Faehn; Feinstein; Gillespie; Gilson; Hackl; Halverson; Hargens; Haverly; Hills; Howie; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen


     Nays:
Engels; Gassman; Glenski; Gosch; Heineman; Hunt; Lucas; Lust; Miles; Nygaard; Peters; Putnam; Rausch; Van Etten; Speaker Deadrick

     Excused:
McLaughlin; Pitts

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

     The question being on the title.

1282fta

     Rep. Turbiville moved that the title to HB 1282 be amended as follows:

    On page 1, line 2, of the printed bill, delete "and to limit the" and insert ".".

     On page 1, delete line 3.

     Which motion prevailed and the title was so amended.

     HB 1079: FOR AN ACT ENTITLED, An Act to revise the tax credit for certain renewable resource energy systems.

     Was read the second time.

     The question being "Shall HB 1079 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; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; 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; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
McLaughlin; Pitts; Van Norman

     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 1232: FOR AN ACT ENTITLED, An Act to establish a time for when absentee ballots may be provided for all elections.

     Was read the second time.

     The question being "Shall HB 1232 pass?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

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

     Nays:
Ahlers; Engels; Feinstein; Nygaard; Sigdestad; Van Norman

     Excused:
McLaughlin; Pitts

     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 1234: FOR AN ACT ENTITLED, An Act to require the property tax notification sent to taxpayers to include the breakdown of property taxes by each tax levy.

     Was read the second time.

1234ra

     Rep. Rounds moved that HB 1234 be amended as follows:

     On page 2, after line 6 of the printed bill, insert:

"
     Section 2. The provisions of this Act are effective on July 1, 2009.".


     Which motion prevailed.

     The question being "Shall HB 1234 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 40, Excused 2, Absent 0

     Yeas:
Brunner; Cutler; Dennert; DeVries; Dreyer; Faehn; Glenski; Gosch; Hackl; Heineman; Howie; Hunt; Juhnke; Koistinen; Krebs; Miles; Nelson; Novstrup (Al); Novstrup (David); Olson (Betty); Peters; Rounds; Steele; Van Etten; Vehle; Weems; Wick; Willadsen

     Nays:
Ahlers; Boomgarden; Bradford; Buckingham; Burg; Carson; Davis; Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Gilson; Halverson; Hargens; Haverly; Hills; Jerke; Kirkeby; Lucas; Lust; Moore; Noem; Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Putnam; Rausch; Rave; Rhoden; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Speaker Deadrick

     Excused:
McLaughlin; Pitts

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

     HB 1164: FOR AN ACT ENTITLED, An Act to authorize the purchase or lease of computer hardware and software through the general fund of school districts.

     Was read the second time.

     The question being "Shall HB 1164 pass?"

     And the roll being called:

     Yeas 50, Nays 18, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Gassman; Gilson; Gosch; Hackl; Halverson; Hargens; Heineman; Hills; Howie; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Putnam; Rausch; Rounds; Sigdestad; Steele; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Weems; Willadsen

     Nays:
Bradford; Feinstein; Gillespie; Glenski; Haverly; Hunt; Miles; Moore; Novstrup (Al); Novstrup (David); Pederson (Gordon); Peters; Rave; Rhoden; Street; Van Etten; Wick; Speaker Deadrick

     Excused:
McLaughlin; Pitts

     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 1291: 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 second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1291 pass?"

     And the roll being called:

     Yeas 38, Nays 29, Excused 3, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Cutler; DeVries; Dreyer; Dykstra; Gassman; Gilson; Glenski; Gosch; Hackl; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Koistinen; Krebs; Miles; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rave; Steele; Thompson; Tidemann; Van Etten; Vehle; Weems; Wick; Willadsen

     Nays:
Boomgarden; Buckingham; Burg; Carson; Davis; Dennert; Elliott; Engels; Faehn; Feinstein; Halverson; Hargens; Howie; Kirkeby; Lucas; Lust; Moore; Nelson; Noem; Olson (Betty); Rausch; Rhoden; Rounds; Sigdestad; Street; Turbiville; Van Norman; Vanneman; Speaker Deadrick


     Excused:
Gillespie; McLaughlin; Pitts

     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.

     Rep. Jerke moved that HB 1264 be deferred to Tuesday, February 5th, the 18th legislative day.

     Which motion prevailed.

     HB 1303: 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 free of charge.

     Was read the second time.

     The question being "Shall HB 1303 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 43, Excused 2, Absent 0

     Yeas:
Ahlers; Bradford; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens; Hills; Hunt; Lucas; Miles; Moore; Nygaard; Olson (Betty); Sigdestad; Street; Thompson; Van Norman; Wick

     Nays:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; Dreyer; Dykstra; Faehn; Gosch; Haverly; Heineman; Howie; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Excused:
McLaughlin; Pitts

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

     HB 1261: FOR AN ACT ENTITLED, An Act to regulate the right to carry a firearm on the campuses of public institutions of higher education.

     Was read the second time.

     Rep. Hargens moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1261 pass?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Gassman; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; 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; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Feinstein; Lucas; Thompson

     Excused:
Gillespie; McLaughlin; Pitts; Van Norman

     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. Rhoden moved that the balance of the calendar including HB 1162, 1260, 1190, 1256, 1250, 1163, 1238, 1255, 1047, 1069, 1274, 1288, 1289, and 1301 and SB 15, 2, 3, 34, and 38 be deferred to Tuesday, February 5th, the 18th 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  1265 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1321 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 1210 and returns the same with the recommendation that said bill be amended as follows:

1210fa

     On page 1, line 5, of the printed bill, delete "or identifiable pieces thereof,".

    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  1177 which was tabled.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1297 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1120 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 HJR 1003 and returns the same with the recommendation that said resolution do pass and be placed on the consent calendar.

Also MR. SPEAKER:

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

1107me

    On page 14, line 7, of the House Government Operations and Audit Committee engrossed bill, delete " two " and insert " one ".

    On page 15, line 5, after "." insert " Application fees for veterinarians may not exceed one hundred dollars and application fees for veterinary technicians may not exceed twenty-five dollars. ".

1107mf

     On page 17 of the House Government Operations and Audit Committee engrossed bill, delete lines 18 to 24, inclusive.

     On page 18, delete lines 1 to 15, inclusive.

1107mg

     On page 18 of the House Government Operations and Audit Committee engrossed bill, delete lines 16 to 24, inclusive.

     Delete page 19.

     On page 20, delete lines 1 to 23, inclusive.

    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 1245 and returns the same with the recommendation that said bill be amended as follows:

1245ta

     On page 2, line 15, of the printed bill, after "Minnehaha," insert " and ".

     On page 2, line 15, delete " , and Union ".

     On page 2, line 20, delete " Delapre, Springdale, La Valley, " and insert " all municipalities that are wholly or partially within the included area or that are contiguous to the included area .".

     On page 2, delete line 21.

     On page 4, line 2, delete everything after " townships; " .

     On page 4, line 3, delete everything before " and Mayfield " .

1245tb

     On page 1 of the printed bill, delete lines 6 to 13, inclusive.

     On page 2, delete lines 1 and 2.

    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  1252 and returns the same with the recommendation that said bill do NOT pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1236 and 1298 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

 Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1010, 1105, and 1125 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1007, 1011, 1019, 1020, 1021, 1022, 1023, 1024, 1025, and 1108 were delivered to his Excellency, the Governor, for his approval at 3:55 p.m., February 4, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1010: FOR AN ACT ENTITLED, An Act to  define telecommunication services for taxation purposes.

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

     HB 1125: FOR AN ACT ENTITLED, An Act to  permit the local board of equalization to remain in session for a sufficient period of time to consider property assessment appeals.

     SB 50: FOR AN ACT ENTITLED, An Act to  change the name of the Board of Counselor Examiners.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:13 p.m. the House adjourned.

Karen Gerdes, Chief Clerk