House of Representatives Journal 2/6/2008 02:00 PM

Thomas J. Deadrick, Chair

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

Speaker Deadrick introduced Brittany Davis of Waubay as the 2008 South Dakota Snow Queen and Tiera Feller of Sully County as the 2008 South Dakota Junior Snow Queen.

HONORED GUESTS

COMMUNICATIONS AND PETITIONS

February 6, 2008

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 6, 2008, I approved House Bills 1007, 1011, 1019, 1020, 1021, 1022, 1023, 1024, 1025, and 1108, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

The Committee on Judiciary respectfully reports that it has had under consideration HB 1157, 1198, and 1271 and returns the same with the recommendation that said bills do pass.

The Committee on Judiciary respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill be amended as follows:

1173ra

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

" Section 1. That chapter 24-15A be amended by adding thereto a NEW SECTION to read as follows:

If a person receives a suspended imposition of sentence for an offense committed on or after July 1, 2008, and that offense constitutes a felony under the laws of the state, any other state, or the United States at the time of the suspension of imposition, that offense, whether or not discharge and dismissal have occurred, shall be considered a prior felony conviction for

purposes of establishment of an initial parole date pursuant to this chapter. The date of the first order suspending the imposition of sentence, whether or not discharge and dismissal have occurred, shall be the date of conviction for purposes of establishment of an initial parole date pursuant to this chapter."

On page 1, line 7, of the printed bill, delete "call or communicate with " and insert " ~~call~~ contact ".

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1313 and returns the same with the recommendation that said bill be amended as follows:

1313ra

On page 1, line 10, delete "call or communicate with " and insert " ~~call~~ contact ".

On page 1, line 12, delete "call or communicate with " and insert " ~~call~~ contact ".

On page 1, line 14, delete "call or communicate with " and insert " ~~call~~ contact ".

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1030, 1038, 1042, 1059, 1060, and 1119 which have passed the Senate without change.

I have the honor to return herewith HB 1043 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

I have the honor to transmit herewith SB 114, 132, 134, 152, 176, and 190 which have passed the Senate and your favorable consideration is respectfully requested.

I have the honor to transmit herewith SCR 7 and 8 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Yesterday, Rep. Wick announced his intention to reconsider the unsuccessful vote to strike the NOT and place HB 1252 on the calendar.

Rep. Wick moved that the House do now reconsider the unsuccessful vote to strike the NOT and place HB 1252 on the calendar.

The question being on Rep. Wick's motion to reconsider the unsuccessful vote to strike the NOT and place HB 1252 on the calendar.

Yeas 35, Nays 34, Excused 1, Absent 0

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

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

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

HCR 1002: 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.

Rep. Hunt moved that HCR 1002 as found on page 399 of the House Journal be adopted.

The question being on Rep. Hunt's motion that HCR 1002 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

HCR 1003: A CONCURRENT RESOLUTION, Supporting a Taiwan-United States free trade agreement.

Rep. Hunt moved that HCR 1003 as found on page 400 of the House Journal be adopted.

The question being on Rep. Hunt's motion that HCR 1003 be adopted.

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.

Excused:
McLaughlin

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.

Rep. Pitts moved that SCR 6 as found on page 294 of the Senate Journal be concurred in.

The question being on Rep. Pitts' motion that SCR 6 be concurred in.

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 6 was concurred in.

Rep. Pitts moved that the House do concur in Senate amendments to HB 1026.

The question being on Rep. Pitts' motion that the House do concur in Senate amendments to HB 1026.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
McLaughlin

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Noem moved that the House do concur in Senate amendments to HB 1182.

Rep. Gillespie moved as a substitute motion that the House do not concur in Senate amendments to HB 1182 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

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

Which motion lost.

The question being on Rep. Noem's motion that the House do concur in Senate amendments to HB 1182.

Yeas 51, Nays 18, Excused 1, Absent 0

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

Nays:
Ahlers; Bradford; Burg; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Lucas; Miles; Moore; Nygaard; Sigdestad; Thompson; Van Norman

Excused:
McLaughlin

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

HCR 1004 Introduced by: Representatives Van Etten, Bradford, Buckingham, Cutler, Deadrick, Dykstra, Elliott, Glenski, Gosch, Hargens, Hills, Hunt, Miles, Nygaard, Peters, Rave, Steele, Van Norman, Weems, Wick, and Willadsen and Senators Hoerth, Abdallah, Albers, Dempster, Garnos, Hauge, Hundstad, Jerstad, Koetzle, Maher, McCracken, Olson (Ed), Schmidt (Dennis), Smidt (Orville), Sutton, Turbak Berry, and Two Bulls

A CONCURRENT RESOLUTION, Encouraging the use of sunscreen and discouraging young persons from using tanning devices.

WHEREAS, the American Academy of Dermatology is concerned with the growing trends in the development and incidence of skin cancer; and

WHEREAS, radiation from artificial sources, such as tanning beds, is a known human carcinogen; and

WHEREAS, ultraviolet radiation from indoor tanning devices can be up to fifteen times greater than what one would be exposed to through moderate outdoor sun exposure; and

WHEREAS, one in five Americans will develop some form of skin cancer during their lifetime and one American dies every sixty-five minutes from melanoma, the deadliest form of skin cancer; and

WHEREAS, the incidence of melanoma has increased six hundred ninety percent from 1950 to 2001; and

WHEREAS, skin damage from ultraviolet radiation is cumulative, and its adverse effects, skin cancer and premature aging, often take years to become apparent; and

WHEREAS, much of this damage occurs during the teenage years as evidenced by the fact that skin cancer is occurring in younger populations:

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 recommends that everyone use sunscreen when participating in outdoor activities; and

BE IT FURTHER RESOLVED, that the Legislature urges all parents to be aware of the known health hazards of intentional cosmetic tanning of the skin and recommends that parents encourage their teenagers to restrict their use of tanning devices to decrease the staggering increase in the incidence of melanoma in young people.

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

Rep. Hunt moved that the Committee on Health and Human Services be instructed to deliver HB 1155 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Elliott moved that the Committee on State Affairs be instructed to deliver HB 1158 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was not supported.

SCR 7: A CONCURRENT RESOLUTION, Petitioning the United States Congress to repeal the REAL ID Act.

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

SCR 8: A CONCURRENT RESOLUTION, Opposing efforts in Congress to expand the jurisdiction of the federal Clean Water Act by revising the terms "navigable waters" and "waters of the United States".

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

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 7^th, the 20^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1293 as found on page 394 of the House Journal ; also

Education on HB 1306 as found on pages 413 and 414 of the House Journal ; also

Education on HB 1317 as found on page 414 of the House Journal ; also

Transportation on SB 87 as found on pages 395 and 396 of the House Journal ; also

Transportation on SB 156 as found on pages 396 and 397 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

Rep. Glenski moved that the word NOT be stricken from the report of the Committee on State Affairs on HB 1166 as found on page 394 of the House Journal and that the bill be placed on tomorrow's calendar.

The question being on Rep. Glenski's motion that the word NOT be stricken from the report of the Committee on State Affairs on HB 1166 and that the bill be placed on tomorrow's calendar.

Yeas 27, Nays 42, Excused 1, Absent 0

Yeas:
Ahlers; Bradford; Brunner; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Hargens; Hunt; Lucas; Miles; Moore; Novstrup (David); Nygaard; Olson (Betty); Sigdestad; Steele; Street; Thompson; Van Etten; Van Norman; Weems

Nays:
Boomgarden; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gilson; Gosch; Halverson; Haverly; Heineman; Hills; Howie; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; Nelson; Noem; Novstrup (Al); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Tidemann; Turbiville; Vanneman; Vehle; Wick; Willadsen; Speaker Deadrick

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 114: FOR AN ACT ENTITLED, An Act to allow for risk pool eligibility and rate flexibility for certain health insurance conversion plans.

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

SB 132: FOR AN ACT ENTITLED, An Act to clarify provisions regarding the continuation of coverage after an employer ceases business operations.

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

SB 134: FOR AN ACT ENTITLED, An Act to increase the pesticide registration fee for use in programs related to pesticide recycling and disposal, to revise certain related provisions, and to declare an emergency.

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

SB 152: FOR AN ACT ENTITLED, An Act to increase the biennial pesticide registration fee and to revise its allocation for the weed and pest fund.

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

SB 176: FOR AN ACT ENTITLED, An Act to authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, to make an appropriation therefor, and to declare an emergency.

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

SB 190: FOR AN ACT ENTITLED, An Act to provide for regulatory oversight of oil pipelines and to create a task force.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 63: FOR AN ACT ENTITLED, An Act to require local law enforcement officers to provide certain information to repossession businesses under certain circumstances.

Rep. Miles requested that SB 63 be removed from the Consent Calendar.

Which request was granted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Haverly moved that HB 1221, 1222, and 1223 be placed to follow HB 1016 on today's calendar.

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

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

The question being "Shall HB 1016 pass as amended?"

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 1221: FOR AN ACT ENTITLED, An Act to create the postsecondary technical institute auxiliary fund and to provide continuing funding to the postsecondary technical institutes for the costs of maintenance and repair.

The question being "Shall HB 1221 pass as amended?"

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 1222: FOR AN ACT ENTITLED, An Act to create the postsecondary technical institute auxiliary fund and to provide continuing funding from the future fund to the technical institutes for the start-up costs of new programs being created to meet workforce development needs.

The question being "Shall HB 1222 pass as amended?"

Yeas 64, Nays 4, 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; Haverly; Heineman; Hills; Howie; Hunt; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Jerke; Olson (Russell); Pitts; Rounds

Excused:
Hargens; McLaughlin

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 1223: FOR AN ACT ENTITLED, An Act to create the postsecondary technical institute auxiliary fund and to provide continuing funding from the future fund to the technical institutes for the cost of replacing old or outdated equipment to meet workforce development needs.

The question being "Shall HB 1223 pass as amended?"

Yeas 63, Nays 5, 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; Haverly; Heineman; Hills; Hunt; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Howie; Jerke; Olson (Russell); Pitts; Rounds

Excused:
Hargens; McLaughlin

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.

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.

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

j1003oa

Rep. Lucas moved that HJR 1003 be amended as follows:

On page 2, line 11, of the printed resolution, remove the overstrikes from " ~~and~~ ".

The question being "Shall HJR 1003 pass as amended?"

Yeas 68, Nays 1, Excused 1, Absent 0

Nays:
Wick

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

HB 1255: FOR AN ACT ENTITLED, An Act to provide for the titling and registration of certain low-speed vehicles.

Rep. Krebs moved that HB 1255 be amended as follows:

1255oa

On page 1, line 7, of the printed bill, delete "thirty" and insert "twenty-five".

On page 1, line 9, delete "32-2" and insert "32-25".

The question being "Shall HB 1255 pass as amended?"

Yeas 63, Nays 6, Excused 1, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Davis; 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); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Buckingham; Dennert; Engels; Feinstein; Sigdestad; Vehle

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 1047: FOR AN ACT ENTITLED, An Act to make an appropriation to assist sparse school districts.

Rep. Dennert moved that HB 1047 be amended as follows:

1047oa

On page 1, line 3, of the printed bill, delete "two million forty-" and insert "one million eight hundred thousand dollars ($1,800,000)".

On page 1, line 4, delete everything before "," .

The question being "Shall HB 1047 pass as amended?"

Yeas 68, Nays 1, Excused 1, Absent 0

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

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 1069: FOR AN ACT ENTITLED, An Act to make an appropriation to the coordinated natural resources conservation fund and to declare an emergency.

The question being "Shall HB 1069 pass?"

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; Miles; Moore; 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:
Pederson (Gordon)

Excused:
McLaughlin

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

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

The question being "Shall HB 1274 pass?"

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 1289: FOR AN ACT ENTITLED, An Act to revise the state aid formula by limiting the declining enrollment allowance to only those school districts that lose at least ten students from one year to the next.

Was read the second time.

1289ca

Rep. Weems moved that HB 1289 be amended as follows:

On page 2, line 22, of the printed bill, delete everything after " § 13-13-73" and insert " , and the school district's fall enrollment decreased by at least five percent or by a minimum of ten students from the fall enrollment of the prior year, and the school district does not contract with another school district pursuant to § 13-15-1.3 or 13-15-11 to provide for the education of children who reside within the district ".

On page 2, line 23, delete everything before ", the" .

The question being "Shall HB 1289 pass as amended?"

Yeas 25, Nays 44, Excused 1, Absent 0

Yeas:
Bradford; Brunner; Buckingham; Cutler; Dreyer; Gilson; Glenski; Gosch; Haverly; Heineman; Hills; Howie; Hunt; Krebs; Lust; Miles; Novstrup (Al); Novstrup (David); Olson (Ryan); Peters; Tidemann; Van Etten; Weems; Wick; Willadsen

Nays:
Ahlers; Boomgarden; Burg; Carson; Davis; Dennert; DeVries; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Hackl; Halverson; Hargens; Jerke; Juhnke; Kirkeby; Koistinen; Lucas; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Norman; Vanneman; Vehle; Speaker Deadrick

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

HB 1315: FOR AN ACT ENTITLED, An Act to create a Highway Finance Task Force to study highway needs and financing.

Was read the second time.

Rep. Rhoden moved the previous question.

The question being "Shall HB 1315 pass as amended?"

Yeas 24, Nays 45, Excused 1, Absent 0

Yeas:
Ahlers; Brunner; Carson; Cutler; Dreyer; Elliott; Faehn; Gilson; Gosch; Hackl; Heineman; Hills; Hunt; Krebs; Novstrup (Al); Novstrup (David); Olson (Russell); Pederson (Gordon); Rhoden; Steele; Street; Van Etten; Vehle; Weems

Nays:
Boomgarden; Bradford; Buckingham; Burg; Davis; Dennert; DeVries; Dykstra; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Haverly; Howie; Jerke; Juhnke; Kirkeby; Koistinen; Lucas; Lust; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rave; Rounds; Sigdestad; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Wick; Willadsen; Speaker Deadrick

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

HB 1129: FOR AN ACT ENTITLED, An Act to establish the Commission on Equal Access to Our Courts and to make an appropriation therefor.

The question being "Shall HB 1129 pass as amended?"

Yeas 61, Nays 7, Excused 2, Absent 0

Yeas:
Ahlers; Bradford; Brunner; 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; Nelson; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Nays:
Boomgarden; Buckingham; Howie; Novstrup (Al); Pederson (Gordon); Rounds; Steele

Excused:
McLaughlin; Moore

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

The question being on the title.

1129jta

Rep. Cutler moved that the title to HB 1129 be amended as follows:

On page 1, line 2, of the House Appropriations Committee engrossed bill, after "therefor" insert "and to provide for the distribution of any residual funds from class action lawsuits to the commission or other nonprofit charitable organizations".

Which motion prevailed and the title was so amended.

HB 1276: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability of property tax and sales tax.

Rep. Glenski moved that HB 1276 be amended as follows:

1276ua

On page 1, after line 12 of the House Appropriations Committee engrossed bill, insert:

" Section 4. That § 10-18A-5 be amended to read as follows:

10-18A-5. The amount of refund of real property taxes due or paid for a single-member household made pursuant to this chapter shall be according to the following schedule:

		The refund of real
If household income is		property taxes due
more than:	but less than	or paid shall be
$ 0	$ ~~3,750~~ 4,000	35%
~~3,751~~ 4,001	~~4,010~~ 4,260	34%
~~4,011~~ 4,261	~~4,270~~ 4,520	33%
~~4,271~~ 4,521	~~4,530~~ 4,780	32%
~~4,531~~ 4,781	~~4,790~~ 5,040	31%
~~4,791~~ 5,041	~~5,050~~ 5,300	30%
~~5,051~~ 5,301	~~5,310~~ 5,560	29%
~~5,311~~ 5,561	~~5,570~~ 5,820	28%
~~5,571~~ 5,821	~~5,830~~ 6,080	27%
~~5,831~~ 6,081	~~6,090~~ 6,340	26%
~~6,091~~ 6,341	~~6,350~~ 6,600	25%
~~6,351~~ 6,601	~~6,610~~ 6,860	24%
~~6,611~~ 6,861	~~6,870~~ 7,120	23%
~~6,871~~ 7,121	~~7,130~~ 7,380	22%
~~7,131~~ 7,381	~~7,390~~ 7,640	21%
~~7,391~~ 7,641	~~7,650~~ 7,900	20%
~~7,651~~ 7,901	~~7,910~~ 8,160	19%
~~7,911~~ 8,161	~~8,170~~ 8,420	18%
~~8,171~~ 8,421	~~8,430~~ 8,680	17%
~~8,431~~ 8,681	~~8,690~~ 8,940	16%
~~8,691~~ 8,941	~~8,950~~ 9,200	15%
~~8,951~~ 9,201	~~9,210~~ 9,460	14%
~~9,211~~ 9,461	~~9,470~~ 9,720	13%
~~9,471~~ 9,721	~~9,730~~ 9,980	12%
~~9,731~~ 9,981	~~10,000~~ 10,250	11%
over ~~10,000~~ 10,250		No refund

Section 5. That § 10-18A-6 be amended to read as follows:

10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member household made pursuant to this chapter shall be according to the following schedule:

The refund of real

If household income is property taxes due

more than: but not more than or paid shall be

$ 0 $ ~~6,500~~ 6,750 55%

~~6,501~~ 6,751 ~~6,861~~ 7,111 53%

~~6,862~~ 7,112 ~~7,222~~ 7,472 51%

~~7,223~~ 7,473 ~~7,583~~ 7,833 49%

~~7,584~~ 7,834 ~~7,944~~ 8,194 47%

~~7,945~~ 8,195 ~~8,305~~ 8,555 45%

~~8,306~~ 8,556 ~~8,666~~ 8,916 43%

~~8,667~~ 8,917 ~~9,027~~ 9,277 41%

~~9,028~~ 9,278 ~~9,388~~ 9,638 39%

~~9,389~~ 9,639 ~~9,749~~ 9,999 37%

~~9,750~~ 10,000 ~~10,110~~ 10,360 35%

~~10,111~~ 10,361 ~~10,471~~ 10,721 33%

~~10,472~~ 10,722 ~~10,832~~ 11,082 31%

~~10,833~~ 11,083 ~~11,193~~ 11,443 29%

~~11,194~~ 11,444 ~~11,554~~ 11,804 27%

~~11,555~~ 11,805 ~~11,915~~ 12,165 25%

~~11,916~~ 12,166 ~~12,276~~ 12,526 23%

~~12,277~~ 12,527 ~~12,637~~ 12,887 21%

~~12,638~~ 12,888 ~~13,000~~ 13,250 19%

over ~~13,000~~ 13,250 No refund

Section 6. That § 10-45A-5 be amended to read as follows:

10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a household consisting solely of one individual shall be determined as follows:

(1) If the claimant's income is ~~three thousand seven hundred fifty~~ four thousand dollars or less, a sum of two hundred fifty-eight dollars;

(2) If the claimant's income is ~~three thousand seven hundred fifty-one~~ four thousand one dollars and not more than ten thousand two hundred fifty dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between ten thousand two hundred fifty dollars and the income of the claimant;

(3) If the claimant's income is more than ten thousand two hundred fifty dollars, no refund.

Section 7. That § 10-45A-6 be amended to read as follows:

10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a household consisting of more than one individual shall be determined as follows:

(1) If household income is ~~six thousand five hundred~~ six thousand seven hundred fifty dollars or less, the sum of five hundred eighty-one dollars;

(2) If household income is ~~six thousand five hundred one~~ six thousand seven hundred fifty-one dollars and not more than thirteen thousand two hundred fifty dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between thirteen thousand two hundred fifty dollars and total household income;

(3) If household income is more than thirteen thousand two hundred fifty dollars, no refund. ".

The question being "Shall HB 1276 pass as amended?"

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; 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; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
Cutler; McLaughlin; Moore

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

The question being on the title.

1276uta

Rep. Glenski moved that the title to HB 1276 be amended as follows:

On page 1, line 2, of the House Appropriations Committee engrossed bill, after "sales tax" insert "and to revise the income eligibility requirements for property tax and sales tax refunds".

Which motion prevailed and the title was so amended.

HB 1247: FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on the sale of renewable motor fuels by retailers.

The question being "Shall HB 1247 pass as amended?"

Yeas 67, Nays 1, Excused 2, Absent 0

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

Nays:
Pederson (Gordon)

Excused:
McLaughlin; Wick

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 1258: FOR AN ACT ENTITLED, An Act to require that certain gift certificates conspicuously disclose information regarding fees and expiration dates.

Was read the second time.

1258fa

Rep. Krebs moved that HB 1258 be amended as follows:

On page 2, line 1, of the House State Affairs Committee engrossed bill, delete "the front in".

On page 2, line 5, delete "the front in".

Rep. Rhoden moved the previous question.

The question being "Shall HB 1258 pass as amended?"

Yeas 41, Nays 26, Excused 3, Absent 0

Yeas:
Ahlers; Bradford; Brunner; Buckingham; Burg; Cutler; Dennert; DeVries; Elliott; Engels; Faehn; Feinstein; Gassman; Glenski; Gosch; Hackl; Halverson; Hargens; Hills; Hunt; Jerke; Kirkeby; Koistinen; Lucas; Miles; Moore; Nelson; Nygaard; Olson (Betty); Olson (Ryan); Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Van Etten; Van Norman; Vehle; Weems; Speaker Deadrick

Nays:
Boomgarden; Carson; Davis; Dreyer; Dykstra; Gilson; Haverly; Heineman; Howie; Juhnke; Krebs; Lust; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Steele; Turbiville; Vanneman; Wick; Willadsen

Excused:
Gillespie; McLaughlin; 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.

Rep. Rhoden moved that the balance of the calendar including HJR 1001, HB 1259, 1115, 1219, 1265, 1120, 1139, 1146, 1226, 1227, 1210, 1107, 1245, 1148, 1171, 1225, 1242, and 1300 and SB 15, 2, 3, 34, 38, 13, 64, 68, and 139 be deferred to Thursday, February 7^th, the 20^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 State Affairs respectfully reports that it has had under consideration HJR 1004 and returns the same with the recommendation that said resolution do pass.

The Committee on State Affairs respectfully reports that it has had under consideration HB 1266 and returns the same with the recommendation that said bill be amended as follows:

1266ob

On page 1, line 9, of the printed bill, delete ", unregulated, or undefined".

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

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1272 and returns the same with the recommendation that said bill be amended as follows:

1272ta

"
Section 1. That § 49-34A-94 be amended to read as follows:

49-34A-94. For the purposes of §§ 49-34A-94 to 49-34A-96, inclusive, renewable electricity and recycled energy include electricity generated from facilities using one or more of the following sources:

(1) Wind that uses wind as the source of energy to produce electricity;

(2) Solar that uses the sun as the source of energy to produce electricity;

(3) Hydroelectric that uses water as the source of energy to produce electricity;

(4) Hydrogen that is generated from one of the sources listed in this section;

(5) Biomass that uses agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal and other degradable organic wastes, municipal solid waste, or landfill gas as the fuel to produce electricity;

(6) Geothermal that uses energy contained in heat that continuously flows outward from the earth as the source of energy to produce electricity; and

(7) Recycled energy systems that produce electricity from currently unused waste heat resulting from combustion or other processes and which do not use an additional combustion process. The term does not include any system whose primary purpose is the generation of electricity. "

1272tta

On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise the defined sources of renewable electricity and recycled energy.".

On page 1, delete line 2.

On page 3 of the printed bill, delete lines 4 to 6, inclusive.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1319 and returns the same with the recommendation that said bill be amended as follows:

1319oa

1319ota

On page 1, line 2, of the printed bill, delete "and to declare an emergency".

On page 2, line 6, of the printed bill, delete ", not".

The Committee on State Affairs respectfully reports that it has had under consideration HB 1320 and returns the same with the recommendation that said bill be amended as follows:

1320sa

On page 2, line 12, after "farm" insert "producing power for the first time on or after July 1, 2007,".

On page 2, line 21, after "farm" insert "producing power for the first time on or after July 1, 2007,".

On page 3, line 7, after "farm" insert "producing power for the first time on or after July 1, 2007,".

On page 3, line 9, delete "kilowatts" and insert "kilowatt hours".

On page 3, line 9, delete everything after "the" and insert "South Dakota electricity base rate of $0.0475 per kilowatt hour in 2008, with the electricity base rate of $0.0475 per kilowatt hour increasing by 2.5 percent on an annual basis thereafter, as".

On page 3, delete line 10.

On page 3, line 11, delete everything before "determined" .

On page 4, line 1, delete "ten" and insert "twenty".

On page 4, line 2, after "." insert "If the wind energy tax fund contains less than twenty percent of the gross receipts tax from section 4 of this Act, due to the transmission line rebate under section 7 of this Act, the secretary shall distribute the remainder of funds after the rebate to the county treasurer where the wind farm is located.".

On page 4, line 5, delete "between" and insert "among".

On page 4, line 11, after "lines" insert "wind farm collector systems or both".

On page 4, line 11, delete "new".

On page 4, line 15, after "lines" insert "and wind farm collector systems".

On page 4, line 18, after "." insert "The secretary shall determine when the wind farm is commercially operational.".

On page 4, line 20, after "." insert "The secretary may provide a tax credit, in lieu of full payment of the gross receipts tax, of up to eighty percent of the transmission rebate value that has been approved by the secretary.".

On page 5, after line 11, insert:

" Section 10. That chapter 10-46C be amended by adding thereto a NEW SECTION to read as follows:

Any project receiving a permit for the payment of the tax pursuant to chapter 10-46C is not eligible for the refund provided in chapter 10-45B.

Section 11. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

Any project receiving a permit for the refund of the tax pursuant to chapter 10-45B is not eligible for the permit provided in chapter 10-46C.".

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1184 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1231 and 1286 which were deferred to the 36^th Legislative Day.

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1030, 1038, 1042, 1059, 1060, and 1119 and finds the same correctly enrolled.

The Committee on Legislative Procedure respectfully reports that HB 1010, 1105, and 1125 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., February 6, 2008.