House of Representatives Journal 2/5/2008 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 5, 2008

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

The prayer was offered by the Chaplain, Pastor Larry Cass, followed by the Pledge of Allegiance led by House page Adam Jungers.

Roll Call: All members present except Reps. McLaughlin and Pitts who were excused.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the seventeenth 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

The Committee on State Affairs respectfully reports that it has had under consideration HB 1166, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1148 and 1171 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1293 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, delete "forty-eight" and insert "ninety-six".

On page 1, line 10, delete "Sixty" and insert "Fifty".

On page 1, line 10, delete "forty" and insert "fifty".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1208 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 64, 68, and 139 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 63 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 SB 87 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 8 of the printed bill, insert:

" Section 2. That § 32-6C-14.1 be amended to read as follows:

32-6C-14.1. In addition to any other remedy provided by law, the secretary of revenue and regulation may issue an order directing a snowmobile dealer to cease and desist from engaging in any act or practice enumerated in § 32-6C-14. A cease and desist order issued pursuant to this section is effective for a period of ~~five~~ two years.

Section 3. That § 32-7A-4.3 be amended to read as follows:

32-7A-4.3. In addition to any other remedy provided by law, the secretary of revenue and regulation may issue an order directing a dealer to cease and desist from engaging in any act or practice enumerated in § 32-7A-4.2. A cease and desist order issued pursuant to this section is effective for a period of ~~five~~ two years.

Section 4. That § 32-7B-17.1 be amended to read as follows:

32-7B-17.1. In addition to any other remedy provided by law, the secretary of revenue and regulation may issue an order directing a boat dealer to cease and desist from engaging in any act or practice enumerated in § 32-7B-17. A cease and desist order issued pursuant to this section is effective for a period of ~~five~~ two years. ".

On page 1, line 2, of the printed bill, delete "vehicle".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13, of the printed bill, delete everything after " . " and insert " The veteran may choose to use one of the two sets of plates on a noncommercial motor vehicle that is a pickup truck and that weighs more than six thousand pounds licensed pursuant to § 32-5-6.3 or a motor home licensed pursuant to § 32-5-6.1. The veteran shall pay the regular license fees set out in § § 32-5-6.3 and 32-5-6.1 and may not be required to pay the ten dollars for the special plates and renewal stickers ".

On page 1, delete lines 14 and 15.

On page 2, line 1, delete " plates. ".

On page 2, line 22, after " § 32-5-5 " insert " or a motorcycle licensed pursuant to § 32-5-9 ".

On page 2, line 22, delete everything after " . " and insert " The veteran may choose to use one of the two sets of plates on a noncommercial motor vehicle that is a pickup truck and that weighs more than six thousand pounds licensed pursuant to § 32-5-6.3 or a motor home licensed pursuant to § 32-5-6.1. The veteran shall pay the regular license fees set out in § § 32-5-6.3 and 32-5-6.1 and may not be required to pay the ten dollars for the special plates and renewal stickers ".

On page 2, delete line 23.

On page 2, line 24, delete everything before "." .

On page 3, line 5, after " § 32-5-6" insert " or 32-5-9 ".

On page 3, line 18, after " § 32-5-5 " insert " or a motorcycle licensed pursuant to § 32-5-9 ".

On page 3, line 18, delete everything after " . " and insert " The veteran may choose to use one of the two sets of plates on a noncommercial motor vehicle that is a pickup truck and that weighs more than six thousand pounds licensed pursuant to § 32-5-6.3 or a motor home licensed pursuant to § 32-5-6.1. The veteran shall pay the regular license fees set out in § § 32-5-6.3 and 32-5-6.1 and may not be required to pay the ten dollars for the special plates and renewal stickers ".

On page 3, delete lines 19 and 20.

On page 3, line 21, delete " plates ".

On page 4, line 1, after " § 32-5-6" insert " or 32-5-9 ".

On page 4, line 12, after " § 32-5-5 " insert " or a motorcycle licensed pursuant to § 32-5-9 ".

On page 4, line 12, delete everything after " . " and insert " The veteran may choose to use one of the two sets of plates on a noncommercial motor vehicle that is a pickup truck and that weighs more than six thousand pounds licensed pursuant to § 32-5-6.3 or a motor home licensed pursuant to § 32-5-6.1. The veteran shall pay the regular license fees set out in § § 32-5-6.3 and 32-5-6.1 and may not be required to pay the ten dollars for the special plates and renewal stickers ".

On page 4, delete lines 13 and 14.

On page 4, line 15, delete everything before "." .

On page 4, line 22, after " § 32-5-6 " insert " or 32-5-9 ".

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 1235 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Chair

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1002, 1003, 1004, 1012, 1013, 1014, and 1027 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1026 and 1182 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 40, 109, 161, 177, and 202 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 6 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

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.

Rep. Halverson moved that SCR 5 as found on pages 273 and 274 and amended on page 293 of the Senate Journal be concurred in as amended.

The question being on Rep. Halverson's motion that SCR 5 be concurred in as amended.

And the roll being called:

Yeas 65, Nays 0, Excused 5, 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
McLaughlin; Pitts; Putnam; Tidemann; Van Norman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in as amended.

HCR 1002 Introduced by: Representatives Hunt, Ahlers, Bradford, Buckingham, Carson, Cutler, Davis, Dreyer, Engels, Glenski, Gosch, Hackl, Halverson, Hargens, Haverly, Hills, Howie, Jerke, Kirkeby, Koistinen, Lucas, Lust, Miles, Moore, Nelson, Noem, Novstrup (David), Nygaard, Olson (Russell), Peters, Rausch, Rave, Rhoden, Sigdestad, Thompson, Van Norman, Vanneman, and Willadsen and Senators Gant, Abdallah, Albers, Duenwald, Hansen (Tom), Hanson (Gary), Hauge, Jerstad, Knudson, McCracken, Olson (Ed), Smidt (Orville), and Two Bulls

A CONCURRENT RESOLUTION, To commend Taiwan on its contributions to the promotion of freedom, democracy, and human rights, and to support its efforts to join certain international organizations.

WHEREAS, Taiwan and the United States of America are friends and allies of long standing, and both cherish the common values of freedom, democracy, and human rights; and

WHEREAS, the State of South Dakota and Taiwan established a sister-state relationship in 1984 and have enjoyed long and mutually beneficial agricultural, trade, cultural, and educational relations; and

WHEREAS, a joint communiqué was signed between the South Dakota Wheat Commission and the Taiwan Flour Mill Association, purchasing 25.9 million dollars worth of South Dakota wheat in 2008 and 2009; and

WHEREAS, an agricultural youth exchange program conducted between South Dakota and Taiwan has allowed South Dakota students to view Taiwan's agricultural industry, economic achievements, and vibrant society, which enriches the international vision of the young generation; and

WHEREAS, the Taiwanese contemporary art exhibition in South Dakota has entertained, inspired, and enriched the community by making international art and cultural exchange part of our lives, and will support and push the limits of artistic expression in South Dakota and through the region in the new year; and

WHEREAS, the twenty-three million people of Taiwan have effectively extended humanistic, technical, and financial support to aid international efforts in maintaining world peace and combating epidemic diseases in the past and are eager to continue to contribute in the future; and

WHEREAS, the United States, in the Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- Third Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature hereby supports Taiwan and its twenty-three million people's participation in the World Health Organization, the United Nations, and other international organizations.

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

HCR 1003 Introduced by: Representatives Hunt, Ahlers, Bradford, Buckingham, Carson, Cutler, Davis, Dreyer, Engels, Gilson, Gosch, Hackl, Halverson, Hargens, Haverly, Hills, Howie, Jerke, Kirkeby, Lucas, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Russell), Peters, Rausch, Rave, Rhoden, Sigdestad, Thompson, Van Norman, Vanneman, and Willadsen and Senators Gant, Abdallah, Albers, Duenwald, Hansen (Tom), Hanson (Gary), Hauge, Jerstad, Knudson, McCracken, Olson (Ed), Smidt (Orville), and Two Bulls

A CONCURRENT RESOLUTION, Supporting a Taiwan-United States free trade agreement.

WHEREAS, the United States and Taiwan enjoy one of the most important economic and strategic international relationships, and promote a shared faith and respect for freedom, democracy, and free market principles; and

WHEREAS, trade exchange between the United States and Taiwan in 2007 equaled sixty billion dollars. Taiwan is the ninth largest trading partner of the United States, its ninth largest export market overall, and the sixth largest customer for United States agriculture products; and

WHEREAS, a Taiwan-United States free trade agreement would encourage greater innovations and manufacturing efficiencies by stimulating joint technological development, practical applications, new cooperative ventures, investment expansion, and business opportunities; and

WHEREAS, an operative Taiwan-United States free trade agreement will benefit South Dakota's nonagricultural leading industries, such as: food processing, industrial machinery, lumber and wood products, electronics goods, metal items, precision instruments, and transportation equipment industries. Their competitiveness will be significantly enhanced from tariff and other trade barrier reductions; and

WHEREAS, a Taiwan-United States free trade agreement will make South Dakota an ideal place for Taiwan's high-tech businesses to establish a working relationship and partnership in the areas such as automotive, electronics, biotechnology, communications, and optical industries with their respective global strategies; and

WHEREAS, the United States International Trade Commission recognizes the benefit of a Taiwan-United States free trade agreement to further boost trade between the two countries and serve the broader interests of the United States in the Asia-Pacific region:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- Third Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature hereby supports the negotiation of a Taiwan-United States free trade agreement.

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

SCR 6: A CONCURRENT RESOLUTION, Recognizing the Boys and Girls Clubs of the South Dakota Alliance and commending the individuals, communities, and tribes that financially support the clubs.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1139 as found on pages 370 and 371 of the House Journal ; also

Judiciary on HB 1146 as found on page 371 of the House Journal ; also

Appropriations on HB 1221 as found on page 372 of the House Journal ; also

Appropriations on HB 1222 as found on page 372 of the House Journal ; also

Appropriations on HB 1223 as found on page 372 of the House Journal ; also

Appropriations on HB 1226 as found on pages 372 and 373 of the House Journal ; also

Appropriations on HB 1227 as found on page 373 of the House Journal ; also

Commerce on HB 1210 as found on page 388 of the House Journal ; also

State Affairs on HB 1107 as found on page 389 of the House Journal ; also

State Affairs on HB 1245 as found on page 390 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

Rep. Al Novstrup moved that the word NOT be stricken from the report of the Committee on State Affairs on HB 1252 as found on page 390 of the House Journal and that the bill be placed on tomorrow's calendar.

The question being on Rep. Al Novstrup's motion that the word NOT be stricken from the report of the Committee on State Affairs on HB 1252 and that the bill be placed on tomorrow's calendar.

And the roll being called:

Yeas 33, Nays 32, Excused 5, Absent 0

Yeas:
Ahlers; Bradford; Burg; Cutler; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Glenski; Hackl; Haverly; Heineman; Hills; Hunt; Jerke; Koistinen; Lust; Miles; Moore; Novstrup (Al); Novstrup (David); Olson (Russell); Peters; Sigdestad; Steele; Thompson; Van Etten; Vehle; Weems; Wick; Willadsen

Nays:
Boomgarden; Brunner; Buckingham; Carson; Davis; Dennert; DeVries; Dykstra; Gillespie; Gilson; Gosch; Halverson; Hargens; Howie; Juhnke; Kirkeby; Krebs; Lucas; Nelson; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Rausch; Rave; Rhoden; Rounds; Street; Turbiville; Vanneman; Speaker Deadrick

Excused:
McLaughlin; Pitts; Putnam; Tidemann; Van Norman

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

Rep. Wick announced his intention to reconsider the vote by which HB 1252 lost.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 40: FOR AN ACT ENTITLED, An Act to establish certain requirements regarding the separation and protection of a gas and electric public utility's assets.

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

SB 109: FOR AN ACT ENTITLED, An Act to authorize the Fourth Circuit drug court program in the Unified Judicial System, to make an appropriation therefor, and to declare an emergency.

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

SB 161: FOR AN ACT ENTITLED, An Act to create the South Dakota Boxing Commission and to provide for the supervision of boxing and kickboxing competitions and sparring exhibitions in the state.

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

SB 177: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disposal of abandoned tenant's property left on leased residential premises.

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

SB 202: FOR AN ACT ENTITLED, An Act to prohibit certain military sales practices for life insurance and annuities.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1239: FOR AN ACT ENTITLED, An Act to permit persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing and to declare an emergency.

Was read the second time.

The question being "Shall HB 1239 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, 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; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
Howie; McLaughlin; Pitts; Putnam; Tidemann; Van Norman

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 1321: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses authorized for certain municipal facilities.

Was read the second time.

The question being "Shall HB 1321 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
McLaughlin; Pitts; Putnam; Tidemann; 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.

HJR 1003: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session.

Was read the second time.

Rep. Lucas requested that HJR 1003 be removed from the Consent Calendar.

Which request was granted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1264: FOR AN ACT ENTITLED, An Act to permit certain persons with insulin- treated diabetes mellitus to get an endorsement on a commercial driver license to drive a school bus.

Was read the second time.

Rep. Jerke moved that HB 1264 be amended as follows:

On page 2, line 5, of the House Transportation Committee engrossed bill, delete ". A".

On page 2, delete line 6.

On page 2, line 7, delete "hypoglycemia".

On page 2, line 10, delete everything after "years".

On page 2, line 11, delete everything before ";" .

On page 2, line 15, delete everything after "years" .

On page 2, line 16, delete everything before ";" .

On page 3, line 11, delete "examining physician" and insert "endocrinologist".

On page 3, line 13, delete "physician" and insert "endocrinologist".

On page 3, line 20, delete "applicants" and insert "applicant".

On page 4, line 7, after "times." insert "Any school bus driver that is granted the waiver and has a severe hypoglycemic episode forfeits the waiver and may not reapply for five years.".

Which motion prevailed.

The question being "Shall HB 1264 pass as amended?"

And the roll being called:

Yeas 55, Nays 10, Excused 5, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Cutler; Davis; Dennert; DeVries; Dykstra; Elliott; Faehn; Feinstein; Gassman; Gilson; Glenski; Gosch; Hackl; Halverson; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Carson; Dreyer; Engels; Gillespie; Hargens; Koistinen; Lucas; Peters; Van Etten; Vehle

Excused:
McLaughlin; Pitts; Putnam; Tidemann; 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 1162: FOR AN ACT ENTITLED, An Act to prohibit the branding of a minor and to provide a penalty therefor.

Was read the second time.

The question being "Shall HB 1162 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; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
DeVries; Hackl; Olson (Betty)

Excused:
McLaughlin; Pitts; Putnam; Tidemann

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 1260: FOR AN ACT ENTITLED, An Act to revise sex offender registry provisions for persons without a residence address.

Was read the second time.

Rep. Hunt moved that HB 1260 be amended as follows:

On page 1, line 6, of the printed bill, delete " location or ".

On page 1, line 7, delete " location or ".

On page 1, line 10, delete " location or ".

On page 1, line 10, after "." insert " Any person required to register pursuant to § § 22-24B-1 to 22-24B-14, inclusive, who is homeless or transient or who otherwise has no legal residence

address, is in compliance with the provisions of this section, if the person informs the law enforcement agency of all physical locations which the person is currently habituating or frequenting during hours of repose. ".

Which motion lost.

The question being "Shall HB 1260 pass?"

And the roll being called:

Yeas 61, Nays 4, Excused 5, Absent 0

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

Nays:
Burg; Hunt; Moore; Rave

Excused:
Howie; McLaughlin; Pitts; Putnam; Tidemann

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 1190: FOR AN ACT ENTITLED, An Act to prohibit lodging establishments from automatically charging a fee for a safe.

Was read the second time.

The question being "Shall HB 1190 pass?"

And the roll being called:

Yeas 38, Nays 28, Excused 4, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dykstra; Engels; Feinstein; Glenski; Halverson; Howie; Hunt; Jerke; Juhnke; Koistinen; Krebs; Miles; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rounds; Sigdestad; Steele; Street; Thompson; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Ahlers; Bradford; Burg; Dreyer; Elliott; Faehn; Gassman; Gillespie; Gilson; Gosch; Hackl; Hargens; Haverly; Heineman; Hills; Kirkeby; Lucas; Lust; Moore; Nelson; Nygaard; Olson (Russell); Rhoden; Turbiville; Van Etten; Van Norman; Vanneman; Vehle

Excused:
McLaughlin; Pitts; Putnam; Tidemann

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 1256: FOR AN ACT ENTITLED, An Act to require certain disclosures when selling labor law posters to employers.

Was read the second time.

The question being "Shall HB 1256 pass?"

And the roll being called:

Yeas 59, Nays 7, Excused 4, Absent 0

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

Nays:
Carson; Heineman; Lust; Peters; Rhoden; Turbiville; Vehle

Excused:
McLaughlin; Pitts; Putnam; Tidemann

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 1250: FOR AN ACT ENTITLED, An Act to increase the salary for legislators.

Was read the second time.

Rep. Ryan Olson moved that HB 1250 be amended as follows:

On page 1, line 4, of the House State Affairs Committee engrossed bill, delete " ten " and insert " eight ".

Which motion prevailed.

Rep. Hargens moved the previous question.

Which motion prevailed.

The question being "Shall HB 1250 pass as amended?"

And the roll being called:

Yeas 54, Nays 14, Excused 2, Absent 0

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

Nays:
Engels; Feinstein; Gillespie; Gosch; Hills; Kirkeby; Lust; Moore; Novstrup (Al); Olson (Russell); Peters; Sigdestad; Thompson; Wick

Excused:
McLaughlin; Pitts

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 1163: FOR AN ACT ENTITLED, An Act to increase the duration of juvenile diversion programs.

Was read the second time.

The question being "Shall HB 1163 pass as amended?"

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; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; 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; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Elliott; Moore; Sigdestad

Excused:
Hargens; McLaughlin; Nygaard; 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 1238: FOR AN ACT ENTITLED, An Act to revise the limitation period for commencing child abuse prosecutions.

Was read the second time.

The question being "Shall HB 1238 pass as amended?"

And the roll being called:

Yeas 46, Nays 21, Excused 3, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Cutler; Dennert; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hills; Jerke; Juhnke; Krebs; Lucas; Miles; Moore; Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Pederson (Gordon); Peters; Putnam; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Wick; Willadsen; Speaker Deadrick

Nays:
Carson; Davis; DeVries; Dreyer; Gilson; Gosch; Haverly; Heineman; Howie; Hunt; Kirkeby; Koistinen; Lust; Noem; Olson (Betty); Olson (Ryan); Rausch; Rave; Van Etten; Vehle; Weems

Excused:
Hargens; 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.

Rep. Tidemann moved that HB 1255, 1047, and 1069 be deferred to Wednesday, February 6^th, the 19^th legislative day.

Which motion prevailed.

HB 1274: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding the South Dakota opportunity scholarships.

Was read the second time.

Rep. Rhoden moved that HB 1274 be deferred to Wednesday, February 6^th, the 19^th legislative day.

Which motion prevailed.

HB 1288: FOR AN ACT ENTITLED, An Act to allow any school district that qualifies for both the declining enrollment allowance and the growing enrollment payment in the same fiscal year to only benefit from the one that provides the most additional funding to the district.

Was read the second time.

The question being "Shall HB 1288 pass?"

And the roll being called:

Yeas 59, Nays 7, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Carson; Davis; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; 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; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Ahlers; Burg; Dennert; Halverson; Moore; Van Norman; Vehle

Excused:
Cutler; Hargens; 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.

Rep. Weems moved that HB 1289 be deferred to Wednesday, February 6^th, the 19^th legislative day.

Which motion prevailed.

HB 1301: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exercise of eminent domain by rural fire protection districts.

Was read the second time.

Rep. Hunt moved that HB 1301 be amended as follows:

On page 2, line 4, of the printed bill, after " domain " insert " to acquire any easement or to limit or extinguish any restrictive covenant if necessary to fully carry out the purposes of this chapter ".

Which motion prevailed.

The question being "Shall HB 1301 pass as amended?"

And the roll being called:

Yeas 28, Nays 38, Excused 4, Absent 0

Yeas:
Buckingham; Burg; Dreyer; Dykstra; Gilson; Glenski; Gosch; Halverson; Haverly; Hills; Hunt; Kirkeby; Lucas; Moore; Nelson; Novstrup (Al); Olson (Betty); Olson (Russell); Pederson (Gordon); Putnam; Rausch; Rounds; Street; Thompson; Tidemann; Van Etten; Vanneman; Willadsen

Nays:
Ahlers; Boomgarden; Bradford; Brunner; Carson; Davis; Dennert; DeVries; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Hackl; Heineman; Howie; Jerke; Juhnke; Koistinen; Krebs; Lust; Miles; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Rave; Rhoden; Sigdestad; Steele; Turbiville; Van Norman; Vehle; Weems; Wick; Speaker Deadrick

Excused:
Cutler; Hargens; McLaughlin; Pitts

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

Rep. Rhoden moved that the balance of the calendar including HB 1315, 1129, 1276, 1247, 1258, HJR 1001, HB 1259, 1115, 1219, 1265, and 1120 and SB 15, 2, 3, 34, 38, and 13 be deferred to Wednesday, February 6^th, the 19^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

The Committee on Education respectfully reports that it has had under consideration HB 1225, 1242, and 1300 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 1306 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 12, of the printed bill, delete " 13-53-31(3) " and insert " 13-55-31(3) ".

On page 2, line 15, of the printed bill, after " 13-55-31(5). " insert " In addition to meeting the requirements of subdivision 13-55-31(2), such students shall score at least 22 on any subtest of the test administered by the American College Testing Program in order to be eligible for the opportunity scholarship program. ".

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 1317 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete everything after "Section 1." and insert "The Department of Education shall develop a pilot program which includes a searchable website that is accessible by the public at no cost. The pilot website shall contain expenditure information for three school districts to be selected by the secretary of the Department of Education. The searchable website shall be operational by November 1, 2008, and shall include individual disbursements detailing the date of the transaction, the payee, and the amount.

Section 2. The secretary shall submit a report to the Eighty-Fourth Legislature that estimates the cost of providing a similar searchable website that would include expenditure information for all school districts in the state.".

On page 1, delete line 5.

On page 1, line 1, of the printed bill, delete "provide" and insert "develop a pilot program which provides".

On page 1, line 2, after "website" insert "and to provide certain reporting requirements".

And that as so amended said bill do pass.

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 1002, 1003, 1004, 1012, 1013, 1014, and 1027 and finds the same correctly enrolled.

Respectfully submitted,

Thomas J. Deadrick, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1002: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding labor and employment and the Department of Labor.

HB 1003: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding unemployment compensation.

HB 1004: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding workers' compensation.

HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding property tax exemptions for certain disabled veterans and to declare an emergency.

HB 1013: FOR AN ACT ENTITLED, An Act to remove certain waiting periods for property casualty filings.

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

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain deadlines concerning nominating petitions for water development district directors and to declare an emergency.

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

And signed the same in the presence of the House.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:41 p.m. the House adjourned.

Karen Gerdes, Chief Clerk