JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



TWENTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 13, 2008

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

     The prayer was offered by the Chaplain, Pastor Wes Labrier, followed by the Pledge of Allegiance led by House pages Shana Green and Shelby Schoon.

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

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-second day and finds that the following corrections should be made:

    On page 520, delete lines 3 to 30, inclusive.

    On page 521, delete lines 1 to 8, inclusive.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 51 and 200 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 65, 69, and 133 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  1, 5, 9, and 19 and returns the same with the recommendation that said bills 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 1124 and returns the same with the recommendation that said bill be amended as follows:

1124ca

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

     "Section 1. There is hereby established a three-level classification system for certified teachers and school service specialists that provides for a minimum annual salary for each certified teacher or school service specialist within each level and requires a teacher or school service specialist to demonstrate increased competency and professional growth in order to progress from one level to the next within the system. For the purposes of this Act, a school service specialist is a school counselor, school library media education specialist, school psychologist, speech/language pathologist, school social worker, special education director, or curriculum director.
     Section 2. For the purposes of this Act, on July 1, 2009, any certified teacher with less than three years of teaching experience or any school service specialist with less than three years of experience providing direct services to students is classified at Level I, and any certified teacher with three or more years of teaching experience or any school service specialist with three or more years of experience providing direct services to students is classified at Level II.

    On July 1, 2010, any certified teacher or school service specialist classified at Level II shall receive a salary increase of one thousand dollars above the salary the teacher or school service specialist would have otherwise received for the current school fiscal year.

    On July 1, 2011, any certified teacher with six or more years of teaching experience who meets the qualifications in subdivisions (1) and (3) of section 6 of this Act is classified at Level III, and shall receive a salary increase of four thousand dollars above the salary the teacher would have otherwise received for the current school fiscal year. On July 1, 2011, any school service specialist with six or more years of experience providing direct services to students who meets the qualifications in subdivisions (1) and (3) of section 8 of this Act is classified at Level III, and shall receive a salary increase of four thousand dollars above the salary the school service specialist would have otherwise received for the current school fiscal year.

     Section 3. The minimum annual salary for any teacher or school service specialist at Level I is as follows:

             (1)    For school fiscal year 2011, the minimum annual salary is thirty thousand dollars; and

             (2)    For school fiscal year 2012 and thereafter, the minimum annual salary is the previous school fiscal year's minimum annual salary increased by the index factor as defined in subdivision 13-13-10.1(3).

    Any teacher or school service specialist who progresses from Level I to Level II shall receive a salary increase of one thousand dollars above the salary the teacher or school service specialist would have otherwise received for the current school fiscal year. Any teacher or school service specialist who progresses from Level II to Level III shall receive a salary increase of four thousand dollars above the salary the teacher or school service specialist would have otherwise received for the current school fiscal year.

     Section 4. In order to advance from Level I to Level II, a teacher shall:

             (1)    Complete a mentoring or induction program approved by the Department of Education;

             (2)    Demonstrate competency, as determined by an administrator trained pursuant to section 13 of this Act, in professional growth and classroom achievement through the annual evaluation process required in section 10 of this Act. Classroom achievement may be measured using standardized achievement tests, classroom exams, observations of student/teacher interactions, and other assessments;

             (3)    Complete three years of teaching at Level I; and

             (4)    Demonstrate the increased competency required for Level II by passing an assessment approved by the Department of Education that measures the skills of beginning teachers in a classroom setting.

    When a teacher has completed the requirements established in this section, the local school board shall submit documentation of that completion to the Department of Education. The Department of Education shall then review the documentation and issue a certificate to any teacher that the secretary of education determines has successfully completed the requirements necessary to advance from Level I to Level II.

    Section 5. At Level II, a teacher shall:

             (1)    Submit a professional development plan and complete the hours of coursework necessary to maintain teacher certification pursuant to § 13-42-3; and

             (2)    Demonstrate competency, as determined by an administrator trained pursuant to section 13 of this Act, in professional growth and classroom achievement through the annual evaluation process required in section 10 of this Act. Classroom achievement may be measured using standardized achievement tests, classroom exams, observations of student/teacher interactions, and other assessments.

     Section 6. Once a teacher progresses to Level II, the teacher may remain at that level or progress to Level III. In order to progress to Level III, a teacher shall:

             (1)    Earn an advanced degree including a master's, specialist's, or doctorate or obtain a national certification as approved by the Board of Education based on the criteria established pursuant to section 15 of this Act;

             (2)    Complete at least three years of teaching at Level II; and

             (3)    Demonstrate competency, as determined by an administrator trained pursuant to section 13 of this Act, in professional growth and classroom achievement through the annual evaluation process required in section 10 of this Act. Classroom achievement may be measured using standardized achievement tests, classroom exams, observations of student/teacher interactions, and other assessments.

    When a teacher has completed the requirements established in this section, the local school board shall submit documentation of that completion to the Department of Education. The Department of Education shall then review the documentation and issue a certificate to any teacher that the secretary of education determines has successfully completed the requirements necessary to advance from Level II to Level III.

     Section 7. In order to advance from Level I to Level II, a school service specialist shall:

             (1)    Complete a mentoring or induction program approved by the Department of Education; and
             (2)    Demonstrate competency, as determined by an administrator trained pursuant to section 13 of this Act, through the annual evaluation process required in section 12 of this Act.

    When a school service specialist has completed the requirements established in this section, the local school board shall submit documentation of that completion to the Department of Education. The Department of Education shall then review the documentation and issue a certificate to any school service specialist that the secretary of education determines has successfully completed the requirements necessary to advance from Level I to Level II.

     Section 8. Once a school service specialist progresses to Level II, the school service specialist may remain at that level or progress to Level III. In order to progress to Level III, a school service specialist shall:

             (1)    Earn an advanced degree including a master's, specialist's, or doctorate or obtain a national certification as approved by the Board of Education based on the criteria established pursuant to section 15 of this Act;

    (2)    Complete at least three years of providing direct services to students at Level II; and

             (3)    Demonstrate competency, as determined by an administrator trained pursuant to section 13 of this Act, through the annual evaluation process required in section 12 of this Act.

    When a school service specialist has completed the requirements established in this section, the local school board shall submit documentation of that completion to the Department of Education. The Department of Education shall then review the documentation and issue a certificate to any school service specialist that the secretary of education determines has successfully completed the requirements necessary to advance from Level II to Level III.

     Section 9. In addition to the minimum salaries established in this Act, any school district that hires a teacher or school service specialist in an area of need shall pay that teacher or school service specialist a signing bonus of two thousand five hundred dollars. The secretary of education shall determine the areas of need for each school year based upon teacher or school service specialist shortages, geography, and other factors and report those areas of need to each school district.

     Section 10. The school board of each local school district shall implement an evaluation system for the school district's certified teachers that includes observation of each certified teacher in the teacher's workplace.

     Section 11. The certified teacher evaluation system shall:

             (1)    Include professional performance standards established pursuant to section 11 of this Act;

             (2)    Require at least two observations during each school year for the evaluation of each Level I teacher as defined in this Act;
             (3)    Require at least one observation during each school year for the evaluation of each Level II or Level III teacher as defined in this Act who met the school district performance standards during the previous school year; and

             (4)    Include an improvement plan for any certified teacher whose performance does not meet the school district's performance standards, unless the teacher's performance is just cause for termination pursuant to § 13-43-6.1.

     Section 12. The school board of each local school district shall also implement an evaluation system for the school district's school service specialists that includes annual evaluations of all school service specialists within the district based upon the criteria established by the Board of Education pursuant to section 15 of this Act.

     Section 13. Each school district shall, at least once a year, provide training to the certified teachers and school service specialists who are subject to the evaluation systems. The training shall address the procedures of the evaluation systems, the standards that the school district uses to evaluate the performance of its certified teachers and school service specialists, and any other appropriate topics as determined by the school district. Each school district shall also provide annual training to administrators on how to conduct the evaluations required in section 10 and 12 of this Act.

     Section 14. The Department of Education shall promulgate rules pursuant to chapter 1-26 establishing the criteria the department will use to approve school district mentoring and induction programs, establishing the assessment required of teachers progressing to Level II, and providing for the performance standards that school districts will use to evaluate certified teachers.

     Section 15. The Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the criteria the school districts will use to evaluate school service specialists and to establish the criteria and the annual review process that the board will use to determine the national certifications that will be recognized to allow a teacher or school service specialist to progress to Level III.

     Section 16. Beginning on July 1, 2010, any funds that a school district receives through the teacher compensation assistance program established in § 13-3-73 shall be used to fund teachers salaries according to the provisions of this Act.

     Section 17. That § 13-43-6.1 be amended to read as follows:

     13-43-6.1.   A teacher may be terminated, by the school board, at any time for just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district. A school district may nonrenew a teacher who is in or beyond the fourth consecutive term of employment as a teacher with the school district classified at Level II or Level III in the classification system established in section 1 of this Act pursuant to § 13-43-6.3 for just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district.


     Section 18. That § 13-43-6.3 be amended to read as follows:

     13-43-6.3.   Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district classified at Level II or Level III in the classification system established in section 1 of this Act , a school board may or may not renew the teacher's contract. The superintendent or chief executive officer shall give written notice of nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal.

     After a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district classified at Level II or Level III in the classification system established in section 1 of this Act , §§ 13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher's contract. On or before April fifteenth, the superintendent or chief executive officer shall notify the teacher and the school board in writing of the recommendation to not renew the teacher's contract.

     Acceptance by the teacher of an offer from the district to enter into a new contract with the teacher shall be in the manner specified in the offer. Failure of the teacher to accept the offer in the manner specified constitutes the termination of the existing contract between the teacher and the district at the end of its term.

     Section 19. This Act is effective on July 1, 2009."

1124cta

     On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "establish a classification system, an evaluation system, and minimum annual salaries for certified teachers and school service specialists, and to revise certain provisions relating to teacher tenure."

    On page 1 of the printed bill, delete line 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  1246 and 1280 which were tabled.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  32 and 41 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  11, 16, 30, and 39 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  103 which was tabled.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1044, 1068, 1078, 1092, 1111, 1112, 1122, 1134, 1137, and 1181 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1005 and 1006 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to return herewith HCR 1002, 1003, and 1004 in which the Senate has concurred.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 115, 143, 174, 181, 192, and 201 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 10 and 11 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Rhoden moved that the rules be suspended for the sole purpose of adopting the report of the Committee on State Affairs on HB 1124 and placing it to follow HB 1257 on today's calendar.

     The question being on Rep. Rhoden's motion that the rules be suspended for the sole purpose of adopting the report of the Committee on State Affairs on HB 1124 and placing it to follow HB 1257 on today's calendar.

     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent 0

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

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

     Excused:
Gassman

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

     Rep. Cutler moved that the House do not concur in Senate amendments to HB 1064 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.

     Which motion prevailed and the Speaker appointed as such committee Reps. Cutler, Gillespie, and Peters

     Yesterday, Rep. Turbiville announced his intention to reconsider the vote by which HB 1319 lost.

     Rep. Turbiville moved that the House do now reconsider the vote by which HB 1319 lost.

     The question being on Rep. Turbiville's motion to reconsider the vote by which HB 1319 lost.

     And the roll being called:

     Yeas 42, Nays 27, Excused 1, Absent 0

     Yeas:
Brunner; Buckingham; Carson; Cutler; Dreyer; Dykstra; Faehn; Gillespie; Gilson; Gosch; Hackl; Hargens; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Krebs; Lust; McLaughlin; Moore; Nelson; Noem; Novstrup (Al); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Vanneman; Vehle; Weems; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Davis; Dennert; DeVries; Elliott; Engels; Feinstein; Glenski; Halverson; Haverly; Kirkeby; Koistinen; Lucas; Miles; Novstrup (David); Olson (Betty); Peters; Sigdestad; Street; Thompson; Van Etten; Van Norman; Wick; Willadsen

     Excused:
Gassman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1319 was up for reconsideration and final passage.

     HB 1319 was placed to follow HB 1262 on today's calendar.

     SCR 10: A CONCURRENT RESOLUTION, Urging the Congress and the President of the United States to restore funding for the Lewis & Clark Regional Water System.

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

     SCR 11: A CONCURRENT RESOLUTION, Commending youth mentoring programs across the state.

     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

     Agriculture and Natural Resources on HB 1228 as found on page 498 of the House Journal ; also

     Agriculture and Natural Resources on HB 1263 as found on page 499 of the House Journal ; also

     Agriculture and Natural Resources on HB 1314 as found on page 499 of the House Journal ; also

     Appropriations on HB 1251 as found on page 500 of the House Journal ; also

     State Affairs on HB 1124 as found on pages 538 to 543 of the House Journal ; also

     Local Government on HB 1151 as found on pages 521 and 522 of the House Journal ; also

     Education on HB 1224 as found on page 523 of the House Journal ; also

     Education on HB 1257 as found on pages 523 to 528 of the House Journal ; also

     Education on HB 1262 as found on pages 528 to 534 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 115: FOR AN ACT ENTITLED, An Act to increase the amount of funding for conservation and value-added agriculture purposes from certain unclaimed motor fuel tax refunds.

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

     SB 143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding collection and administration of the 911 emergency surcharge and operation of 911 services.

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

     SB 174: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the exercise of eminent domain by railroads.

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

     SB 181: FOR AN ACT ENTITLED, An Act to create the South Dakota secondary teachers tuition reimbursement and loan forgiveness program and to make an appropriation therefor.

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

     SB 192: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to lease a site for delivery of public higher education in Pierre and to use money appropriated by the Legislature from the higher education facilities fund to make lease payments therefor.

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

     SB 201: FOR AN ACT ENTITLED, An Act to revise certain eligibility requirements for the South Dakota opportunity scholarship.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 95: FOR AN ACT ENTITLED, An Act to increase certain fees collected by sheriffs for collecting delinquent taxes.

     Was read the second time.

     The question being "Shall SB 95 pass as amended?"

     And the roll being called:

     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; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick


     Nays:
Van Norman

     Excused:
Gassman

     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 131: FOR AN ACT ENTITLED, An Act to provide for the maintenance and safeguarding of voter registration records.

     Was read the second time.

     The question being "Shall SB 131 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Gassman

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1283: FOR AN ACT ENTITLED, An Act to revise on-sale alcoholic beverage licenses in municipalities.

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

1283sb

     Rep. Brunner moved that HB 1283 be amended as follows:

     On page 2 of the House Commerce Committee engrossed bill, delete lines 6 to 10, inclusive, and insert:

"

             (4)    On-sale--in municipalities of various classes: municipalities of the first class, : not less than one dollar for each person residing within the a municipality of the first class as measured by the last preceding federal census, the and not more than thirty thousand dollars in a municipality of the second or third class. The renewal fee for such license in a municipality of the first class is fifteen hundred dollars; municipalities of the second class, no more than twelve hundred dollars; municipalities of the third class, no more than nine hundred dollars;".

     On page 4, after line 3, insert:

"      Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


     Which motion prevailed.

     The question being "Shall HB 1283 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 16, Excused 1, Absent 0

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

     Nays:
Ahlers; Burg; Dykstra; Elliott; Engels; Feinstein; Glenski; Hargens; Hunt; Lucas; Moore; Novstrup (Al); Rausch; Sigdestad; Van Norman; Vehle

     Excused:
Gassman

     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.

1283jtb

     Rep. Brunner moved that the title to HB 1283 be amended as follows:

     On page 1, line 2, of the House Commerce Committee engrossed bill, after "municipalities" insert "and to declare an emergency".

     Which motion prevailed and the title was so amended.

     HB 1178: FOR AN ACT ENTITLED, An Act to make an appropriation for the costs related to the intensive methamphetamine treatment program in the women's state correctional system.

     Was read the second time.

     The question being "Shall HB 1178 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Gassman

     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 1179: FOR AN ACT ENTITLED, An Act to make an appropriation for the support of the state fair.

     Was read the second time.

     The question being "Shall HB 1179 pass as amended?"

     And the roll being called:

     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; Gillespie; Gilson; Glenski; Gosch; Hackl; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Nays:
Olson (Betty); Peters; Van Etten; Wick

     Excused:
Gassman; Halverson

     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 1267: FOR AN ACT ENTITLED, An Act to appropriation for the lease, lease purchase, or financing of two airplanes for transportation at the University of South Dakota and South Dakota State University, and to declare an emergency.

     Was read the second time.

1267ub

     Rep. Tidemann moved that HB 1267 be amended as follows:

     On page 1, line 5, of the House Appropriations Committee engrossed bill, delete "state aeronautics" and insert "general".

     On page 1, line 5, delete "two" and insert "one dollar ($1)".

     On page 1, line 6, delete "hundred fifty-nine thousand dollars ($259,000)".

     Which motion prevailed.

1267aa

     Rep. Dennert moved that HB 1267 be further amended as follows:

     On page 1, line 5, of the House Appropriations Committee engrossed bill, delete "state aeronautics" and insert "budget reserve".

     On page 1, line 5, delete "two" and insert "four million dollars ($4,000,000)".

     On page 1, line 6, delete "hundred fifty-nine thousand dollars ($259,000)".

     On page 1, line 7, delete everything after "the" and insert "purchase of".

     On page 1, delete lines 10 to 12, inclusive, and insert:

"      Section 2. Starting on July 1, 2008, two million dollars of the amount appropriated pursuant to section 1 of this Act shall be repaid by the Board of Regents in ten equal annual installments, plus interest, to the budget reserve fund. The interest rate used to calculate the annual repayment amount shall equal the average interest rate earned by the state cash flow fund over the last four quarters as calculated by the Bureau of Finance and Management.".


     Which motion lost.

     The question being "Shall HB 1267 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

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

     Nays:
Ahlers; Bradford; Lucas; Olson (Betty); Olson (Russell); Street

     Excused:
Gassman; Halverson

     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 1197: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the requirement of passenger restraint in a passenger vehicle.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1197 pass?"

     And the roll being called:

     Yeas 31, Nays 37, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Buckingham; Carson; Cutler; Dennert; Elliott; Engels; Feinstein; Gilson; Glenski; Heineman; Hills; Jerke; Krebs; Lucas; Lust; McLaughlin; Miles; Novstrup (David); Nygaard; Rave; Steele; Thompson; Tidemann; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Brunner; Burg; Davis; DeVries; Dreyer; Dykstra; Faehn; Gillespie; Gosch; Hackl; Hargens; Haverly; Howie; Hunt; Juhnke; Kirkeby; Koistinen; Moore; Nelson; Noem; Novstrup (Al); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rhoden; Rounds; Sigdestad; Street; Turbiville; Van Norman; Vanneman

     Excused:
Gassman; Halverson

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

     HB 1076: FOR AN ACT ENTITLED, An Act to revise the funding for K-12 education.

     Was read the second time.

     The question being "Shall HB 1076 pass?"

     And the roll being called:

     Yeas 35, Nays 33, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dreyer; Dykstra; Faehn; Haverly; Heineman; Howie; Hunt; Juhnke; Krebs; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Van Etten; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Dennert; DeVries; Elliott; Engels; Feinstein; Gillespie; Gilson; Glenski; Gosch; Hackl; Hargens; Hills; Jerke; Kirkeby; Koistinen; Lucas; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Pitts; Sigdestad; Street; Thompson; Turbiville; Van Norman; Vanneman; Vehle

     Excused:
Gassman; Halverson

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

     Rep. Putnam announced his intention to reconsider the vote by which HB 1076 lost.

     HB 1290: FOR AN ACT ENTITLED, An Act to exempt certain entities from the criminal background check for persons in the business of mortgage lending.

     Was read the second time.

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     Rep. Russell Olson moved that HB 1290 be amended as follows:

     On page 1, line 12, of the printed bill, after " checks, " insert " the years of service requirement in §  54-14-22, any continuing education requirements, ".

     Which motion prevailed.

     The question being "Shall HB 1290 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

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

     Nays:
Feinstein

     Excused:
Gassman; Halverson

     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.

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     Rep. Russell Olson moved that the title to HB 1290 be amended as follows:

     On page 1, line 1, of the printed bill, delete everything after "from" and insert "certain requirements".

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

     Which motion prevailed and the title was so amended.

     HB 1318: FOR AN ACT ENTITLED, An Act to provide options for those who elect continuation of health insurance.

     Was read the second time.

     The question being "Shall HB 1318 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

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

     Nays:
Bradford

     Excused:
Gassman

     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 1233: FOR AN ACT ENTITLED, An Act to bring transparency to state spending by requiring the Bureau of Finance and Management to create a website making certain state government information available to the public.

     Was read the second time.

     The question being "Shall HB 1233 pass?"

     And the roll being called:

     Yeas 47, Nays 22, Excused 1, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Cutler; Davis; Dreyer; Dykstra; Elliott; Engels; Faehn; Gillespie; Glenski; Gosch; Hackl; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles; Novstrup (Al); Novstrup (David); Olson (Russell); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Thompson; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Buckingham; Burg; Carson; Dennert; DeVries; Feinstein; Gilson; Halverson; Hargens; Haverly; Lucas; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Sigdestad; Street; Tidemann

     Excused:
Gassman

     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 1275: FOR AN ACT ENTITLED, An Act to make an appropriation for a portion of the costs related to the acquisition of easements adjacent to Bear Butte State Park and to declare an emergency.

     Was read the second time.

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     Rep. Faehn moved that HB 1275 be amended as follows:

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

     "Section 1. The South Dakota Department of Game, Fish and Parks is authorized to hold easements on property situated adjacent to Bear Butte State Park located in Meade County, South Dakota, for the purpose of protecting the view shed of Bear Butte State Park."

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     Rep. Bradford moved as a substitute motion that HB 1275 be amended as follows:

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

     "Section 1. No on-sale, off-sale, or malt beverage license may be issued or reissued and no license transfer may be granted to any applicant pursuant to Title 35 for an establishment that is or will be located within one mile of a point located at the southwest corner of section 17, township six north, range six east in Meade County."

     A roll call vote was requested and supported.

     The question being on Rep. Bradford's substitute motion that HB 1275 be amended.

     And the roll being called:

     Yeas 42, Nays 26, Excused 2, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Burg; Dennert; DeVries; Dykstra; Elliott; Engels; Feinstein; Gilson; Glenski; Halverson; Haverly; Howie; Hunt; Kirkeby; Koistinen; Lucas; Miles; Moore; Nelson; Novstrup (Al); Nygaard; Olson (Betty); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Van Norman; Vanneman; Weems; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Buckingham; Carson; Cutler; Davis; Dreyer; Faehn; Gillespie; Gosch; Hackl; Hargens; Heineman; Hills; Jerke; Juhnke; Krebs; Lust; McLaughlin; Noem; Novstrup (David); Olson (Russell); Olson (Ryan); Pitts; Rounds; Turbiville; Vehle

     Excused:
Gassman; Wick

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1275 was so amended.

     The question being "Shall HB 1275 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 44, Excused 2, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Carson; Cutler; Dennert; Elliott; Engels; Feinstein; Gillespie; Glenski; Halverson; Hargens; Hills; Lucas; Miles; Moore; Nygaard; Olson (Russell); Olson (Ryan); Sigdestad; Street; Thompson; Van Norman

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

     Excused:
Gassman; Wick

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

     Rep. Hargens announced his intention to reconsider the vote by which HB 1275 lost.

     HB 1084: FOR AN ACT ENTITLED, An Act to increase the previously enacted expenditure authority for certain approved construction projects and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1084 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

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

     Nays:
Elliott; Hargens; Van Norman

     Excused:
Gassman; Wick

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

     HB 1085: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of science facilities and laboratories at public universities and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1085 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 6, Excused 3, Absent 0

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

     Nays:
Elliott; Hargens; Moore; Olson (Betty); Street; Van Norman

     Excused:
Gassman; Noem; Wick

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

     HB 1087: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding appropriations to the Department of Executive Management, the Department of Game, Fish and Parks, the Department of Transportation, the Department of Education, the Board of Regents, the Department of Human Services, and the Department of Environment and Natural Resources.

     Was read the second time.

     The question being "Shall HB 1087 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent 0

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

     Nays:
Engels; Feinstein; Moore; Nygaard; Thompson

     Excused:
Gassman

     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. Putnam moved that the House do now reconsider the vote by which HB 1076 lost.

     The question being on Rep. Putnam's motion to reconsider the vote by which HB 1076 lost.

     And the roll being called:

     Yeas 38, Nays 31, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dreyer; Dykstra; Faehn; Haverly; Heineman; Hills; Howie; Hunt; Juhnke; Krebs; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Dennert; DeVries; Elliott; Engels; Feinstein; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Jerke; Kirkeby; Koistinen; Lucas; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Pitts; Sigdestad; Street; Thompson; Van Norman; Vanneman

     Excused:
Gassman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1076 was up for reconsideration and final passage.

     HB 1076 was placed to follow HB 1319 on today's calendar.

    Speaker Pro tempore Rave now presiding.

     HB 1302: FOR AN ACT ENTITLED, An Act to establish notification requirements for certain relatives of children in the custody of the Department of Social Services.

     Was read the second time.

     The question being "Shall HB 1302 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Gassman

     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.

     HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of business names.

     Was read the second time.

     The question being "Shall HB 1136 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Gassman

     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 1220: FOR AN ACT ENTITLED, An Act to make an appropriation to the postsecondary technical institutes for the maintenance and repair of buildings, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1220 pass?"

     And the roll being called:

     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; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Tidemann

     Excused:
Gassman

     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 1279: FOR AN ACT ENTITLED, An Act to align math and science education with South Dakota's historic and unique scientific opportunities, to direct the Department of Education to initiate Project Lead the Way, to develop a clearinghouse for certain educational opportunities, and to provide for an independent analysis of the state's content standards, and to make an appropriation therefor.

     Was read the second time.

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     Rep. Heineman moved that HB 1279 be amended as follows:

     On page 2, line 13, of the printed bill, delete "five hundred" and insert "one dollar ($1)".

     On page 2, line 14, delete "thousand dollars ($500,000)".

     Which motion prevailed.

     The question being "Shall HB 1279 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 18, Excused 2, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Buckingham; Cutler; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gilson; Glenski; Gosch; Hackl; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Rave; Rhoden; Rounds; Sigdestad; Steele; Thompson; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Burg; Carson; Davis; Dennert; DeVries; Halverson; Hargens; Haverly; Koistinen; Moore; Nelson; Olson (Betty); Peters; Putnam; Rausch; Street; Tidemann

     Excused:
Gassman; Gillespie

     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 1228: FOR AN ACT ENTITLED, An Act to revise certain provisions related to bow hunting methods used by persons who are disabled or physically incapacitated.

     Was read the second time.

     The question being "Shall HB 1228 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

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

     Nays:
Moore

     Excused:
Cutler; Gassman; Gillespie

     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 1263: FOR AN ACT ENTITLED, An Act to establish a hunter mentoring program, to authorize hunting under certain conditions by persons less than sixteen years of age, and to authorize the Game, Fish and Parks Commission to promulgate rules.

     Was read the second time.

     Rep. Gillespie moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1263 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 28, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Davis; Dennert; DeVries; Dykstra; Elliott; Gillespie; Gilson; Gosch; Hackl; Hargens; Haverly; Howie; Jerke; Juhnke; Koistinen; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rhoden; Rounds; Sigdestad; Steele; Tidemann; Turbiville; Van Etten; Van Norman; Wick; Speaker Deadrick

     Nays:
Ahlers; Bradford; Burg; Cutler; Dreyer; Engels; Faehn; Feinstein; Glenski; Halverson; Heineman; Hills; Hunt; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nygaard; Rave; Street; Thompson; Vanneman; Vehle; Weems; Willadsen


     Excused:
Gassman

     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.

     Earlier today, Rep. Hargens announced his intention to reconsider the vote by which HB 1275 lost.

     No member moved to reconsider the vote by which HB 1275 lost.

     Rep. Rhoden moved that the rules be suspended for the sole purpose of deferring HB 1314, 1251, 1151, 1224, 1257, 1124, 1262, 1319, and 1076 to Thursday, February 14th, the 24th legislative day.

     The question being on Rep. Rhoden's motion that the rules be suspended for the sole purpose of deferring HB 1314, 1251, 1151, 1224, 1257, 1124, 1262, 1319, and 1076 to Thursday, February 14th, the 24th legislative day.

     And the roll being called:

     Yeas 55, Nays 14, Excused 1, Absent 0

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

     Nays:
Ahlers; Boomgarden; Bradford; Davis; Engels; Feinstein; Glenski; Haverly; Lucas; Rausch; Sigdestad; Thompson; Van Norman; Willadsen

     Excused:
Gassman

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Rep. Rhoden moved that SB 15, 2, 3, 34, 38, 13, 64, 68, 139, 63, 87, and 156 be deferred to Thursday, February 14th, the 24th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to transmit herewith SB 4, 116, 187, 196, and SJR 1 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Abdallah, Albers, and Turbak Berry as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1064.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1044, 1067, 1068, 1078, 1092, 1111, 1112, 1122, 1134, 1137, and 1181 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1001, 1062, 1070, 1071, 1109, 1144, 1180, 1186, and 1312 were delivered to his Excellency, the Governor, for his approval at 2:53 p.m., February 13, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1044: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the teacher compensation assistance program.

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

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

     HB 1078: FOR AN ACT ENTITLED, An Act to  transfer in the code a section requiring certification for chemical dependency counselors and prevention specialists.

     HB 1092: FOR AN ACT ENTITLED, An Act to  revise certain terminology in the statutes providing for standard child visitation guidelines.

     HB 1111: FOR AN ACT ENTITLED, An Act to  revise the responsibilities of the Corrections Commission and to require an annual report of Corrections Commission activities.

     HB 1112: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the direction, supervision, and registration fees for veterinary technicians.

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

     HB 1134: FOR AN ACT ENTITLED, An Act to  revise the compensation of the members of recount boards.

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

     HB 1181: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning information related to the assessment of property that is to be provided by the director of equalization.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1005  Introduced by:  Representative Feinstein and Senator Heidepriem

         A LEGISLATIVE COMMEMORATION,  Honoring Sioux Falls Washington High School for celebrating one hundred years of education on February 14, 2008.

     WHEREAS,  on Valentine's Day, 1908, 328 students began their first day at the newly constructed and renamed Washington High School; and

     WHEREAS,  since February 1908, Washington High School has created a tradition in assuring that all students demonstrate life skills such as analytical thinking, communicating, problem solving, decision making, retrieving and evaluating information, and collaboration; and

     WHEREAS,  Washington High School's first-rate, dedicated, diverse staff has sent more than 39,000 graduates from the Sioux Falls area and from numerous foreign countries into the world and encouraged the development of lifelong learners who contribute to their community, succeed in a changing world, and value themselves and others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Sioux Falls Washington High School be honored for its dedication to education for its first one hundred years.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:57 p.m. the House adjourned.

Karen Gerdes, Chief Clerk