JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



TWENTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 14, 2008

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

     The prayer was offered by the Chaplain, Shirley Sandberg, followed by the Pledge of Allegiance led by House pages Tiffany Eldevik and Bradi Porch.

     Roll Call: All members present except Reps. Davis and Gassman who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-third day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
COMMUNICATIONS AND PETITIONS

February 13, 2008

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 12, 2008, I approved House Bills 1008, 1009, 1026, 1055, 1056, 1057, 1072, 1114, 1118, and 1126, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 42 and 45 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 44 and returns the same with the recommendation that said bill be amended as follows:

44tc

     On page 2, line 12, of the Senate Agriculture and Natural Resources Committee engrossed bill, after " year " insert " . However, nothing in this chapter applies to the isolated or occasional resale of grain by a person who does not hold himself or herself out as engaging in the business of reselling grain or to a person who purchases grain for the person's own use or consumption ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 111 and returns the same with the recommendation that said bill be amended as follows:

111tc

     On page 1, line 7, of the Senate Agriculture and Natural Resources Committee engrossed bill, before "big" overstrike "a" and insert " any ".

     On page 1, line 8, after "animal" insert " , except turkey to be taken with a shotgun using shot shells or with a bow and arrow, ".

    And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  10, 21, 22, and 155 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  25 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 82, 124, and 199 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 163 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Carol A. Pitts, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1088, 1135, 1159, 1174, 1200, 1211, and 1321 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1037 and 1097 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 1005 in which the Senate has concurred.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 12 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Rhoden moved that the House do concur in Senate amendments to HB 1005.

     The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1005.

     And the roll being called:

     Yeas 44, Nays 24, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Dennert; DeVries; Dreyer; Dykstra; Elliott; Gillespie; Gilson; Gosch; Halverson; Hargens; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; McLaughlin; Nelson; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Street; Tidemann; Turbiville; Vanneman; Vehle; Speaker Deadrick

     Nays:
Bradford; Cutler; Engels; Faehn; Feinstein; Glenski; Hackl; Haverly; Heineman; Koistinen; Lust; Miles; Moore; Novstrup (Al); Novstrup (David); Olson (Russell); Peters; Steele; Thompson; Van Etten; Van Norman; Weems; Wick; Willadsen

     Excused:
Davis; Gassman

     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. Rhoden moved that the House do concur in Senate amendments to HB 1006.

     The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1006.

     And the roll being called:

     Yeas 53, Nays 15, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Dennert; DeVries; Dreyer; Dykstra; Elliott; Faehn; Gillespie; Gilson; Gosch; Hackl; Halverson; Hargens; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Moore; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Speaker Deadrick

     Nays:
Cutler; Engels; Feinstein; Glenski; Haverly; Heineman; Miles; Novstrup (Al); Novstrup (David); Peters; Steele; Van Etten; Weems; Wick; Willadsen

     Excused:
Davis; Gassman

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

     SCR 4: A CONCURRENT RESOLUTION, Urging the United State Congress to remove Section 132 from the College Opportunity and Affordability Act of 2007 before its final passage.

     Rep. Heineman moved that SCR 4 as found on pages 215 and 216 of the Senate Journal be concurred in.

     The question being on Rep. Heineman's motion that SCR 4 be concurred in.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; Gassman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

     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.

     Rep. Wick moved that SCR 10 as found on pages 397 and 398 of the Senate Journal be concurred in.

     The question being on Rep. Wick's motion that SCR 10 be concurred in.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; Gassman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 10 was concurred in.

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

     Rep. Tidemann moved that SCR 11 as found on pages 398 and 399 of the Senate Journal be concurred in.

     The question being on Rep. Tidemann's motion that SCR 11 be concurred in.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; Gassman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 11 was concurred in.

     SCR 12: A CONCURRENT RESOLUTION, Recognizing the United States of America Women's Olympic Softball Team.

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

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m., on Friday, February 15th, the 25th legislative day.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 4: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance reporting requirements and to establish certain penalties.

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

     SB 116: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of real property and to revise the makeup of the implementation and oversight advisory task force.

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

     SB 187: FOR AN ACT ENTITLED, An Act to revise the general education state aid formula for purposes of increasing teachers' salaries.

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

     SB 196: FOR AN ACT ENTITLED, An Act to repeal a limitation on certain environmental rules.

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

     SJR 1: A JOINT RESOLUTION, Proposing a constitutional amendment to eliminate term limits for legislators.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 1: FOR AN ACT ENTITLED, An Act to provide for nomination and election when a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances.

     Was read the second time.

     The question being "Shall SB 1 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; 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:
Cutler; Davis; 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 5: FOR AN ACT ENTITLED, An Act to revise the requirement that the South Dakota Conservancy District pay interest on its bonds semiannually and to revise certain provisions regarding the district's authority to issue fixed or variable rate bonds.

     Was read the second time.

     The question being "Shall SB 5 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; 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:
Cutler; Davis; 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 9: FOR AN ACT ENTITLED, An Act to provide for the disposal of state surplus property.

     Was read the second time.

     The question being "Shall SB 9 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; 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.

     SB 19: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the duties of the executive director of the South Dakota Science and Technology Authority.

     Was read the second time.

     The question being "Shall SB 19 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; 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; 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:
Lucas

     Excused:
Davis; 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 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding corrosion protection for tank piping systems and aboveground tanks containing flammable or combustible liquids and used in retail motor fuel dispensing operations.

     Was read the second time.

     The question being "Shall SB 11 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; 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 16: FOR AN ACT ENTITLED, An Act to require continuing education of plumbing contractors, plumbers, apprentice plumbers, restricted plumbing contractors, and restricted plumbers.

     Was read the second time.

     The question being "Shall SB 16 pass?"

     And the roll being called:


     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; 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:
Howie

     Excused:
Davis; 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 30: FOR AN ACT ENTITLED, An Act to revise the minimum fire safety standards for specialty resorts.

     Was read the second time.

     The question being "Shall SB 30 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; 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 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension, implementation, and refund of electric or natural gas rates.

     Was read the second time.

     The question being "Shall SB 39 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; 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 1314: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell and convey real and personal property located at the Spring Creek Recreation Area and to declare an emergency.

     Was read the second time.

1314fb

     Rep. Ryan Olson moved that HB 1314 be amended as follows:

     On page 1, line 6, of the House Agriculture and Natural Resources Committee engrossed bill, before "structures" insert "severed".

     On page 1, line 11, after "appraisal" insert "or the price paid by the Department of Game, Fish and Parks for the property, whichever is greater".

     Which motion prevailed.

     The question being "Shall HB 1314 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; 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 1251: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire land for the Higher Education Center_West River.

     Was read the second time.

     The question being "Shall HB 1251 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 3, Absent 0

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


     Nays:
Cutler; Gillespie; Hargens; Jerke; Koistinen; Lucas; Moore; Olson (Betty); Peters; Sigdestad

     Excused:
Buckingham; Davis; 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 1151: FOR AN ACT ENTITLED, An Act to regulate the location and hours of operation of adult oriented businesses.

     Was read the second time.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1151 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 21, Excused 2, Absent 0

     Yeas:
Brunner; Buckingham; Carson; Cutler; Dennert; DeVries; Dykstra; Elliott; Faehn; Gillespie; Gilson; Glenski; Gosch; Hackl; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pitts; Rausch; Rave; Rhoden; Rounds; Steele; Street; Tidemann; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Dreyer; Engels; Feinstein; Halverson; Hargens; Lucas; Lust; McLaughlin; Nygaard; Pederson (Gordon); Peters; Putnam; Sigdestad; Thompson; Turbiville; Van Norman; Vehle

     Excused:
Davis; 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 1224: FOR AN ACT ENTITLED, An Act to provide for the funding of certain reduced tuition programs for veterans.

     Was read the second time.

     The question being "Shall HB 1224 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; 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:
Davis; 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 1257: FOR AN ACT ENTITLED, An Act to revise certain procedures regarding real property assessment and taxation and to repeal the nonagricultural acreage classification and certain provisions regarding the assessment of property.

     Was read the second time.

     Rep. Dykstra moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1257 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 40, Excused 2, Absent 0

     Yeas:
Bradford; Cutler; Elliott; Engels; Faehn; Feinstein; Glenski; Hackl; Haverly; Heineman; Hunt; Koistinen; Lust; McLaughlin; Miles; Moore; Novstrup (Al); Novstrup (David); Olson (Russell); Peters; Sigdestad; Steele; Thompson; Van Etten; Van Norman; Weems; Wick; Willadsen

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

     Excused:
Davis; Gassman

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

    Speaker Pro tempore Rave now presiding.

     HB 1124: FOR AN ACT ENTITLED, An Act to 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.

     Was read the second time.

1124cf

     Rep. Nelson moved that HB 1124 be amended as follows:

     On page 8 of the House State Affairs Committee engrossed bill, delete line 21, and insert:

"

     Section 19. There is hereby established the Certified Teacher and School Service Specialist Classification and Evaluation System Advisory Board within the Department of Education. The board shall meet periodically at the call of the secretary of education to advise the Department of Education and the Board of Education on issues relating to the classification and evaluation of teachers and school service specialists. The board shall consist of fifteen members appointed as follows:

             (1)    Five members, including one certified teacher, one school administrator, one person engaged in business, one member of a local school board, and one member of the South Dakota Legislature, appointed by the Governor;
             (2)    Five members, including one certified teacher, one school administrator, one person engaged in business, one member of a local school board, and one member of the South Dakota House of Representatives, appointed by the Speaker of the House of Representatives; and

             (3)    Five members, including one certified teacher, one school administrator, one person engaged in business, one member of a local school board, and one member of the South Dakota Senate appointed by the President Pro Tempore of the Senate.

     Section 20. Section 19 of this Act is effective on July 1, 2008, and the remaining sections of this Act are effective on July 1, 2009.".

     A roll call vote was requested and supported.

     The question being on Rep. Nelson's motion that HB 1124 be amended.

     And the roll being called:

     Yeas 51, Nays 16, Excused 3, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; DeVries; Dreyer; Dykstra; Elliott; Faehn; Gillespie; Gilson; Gosch; Hackl; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); 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; Burg; Dennert; Engels; Feinstein; Glenski; Halverson; Lucas; Miles; Moore; Nygaard; Olson (Betty); Sigdestad; Street; Thompson; Van Norman

     Excused:
Bradford; Davis; Gassman

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1124 was so amended.

1124fa

     Rep. Lucas moved that HB 1124 be further amended as follows:

     On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That subdivision (3) of § 13-13-10.1 be amended to read as follows:

             (3)      "Index factor," is two percent plus the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less ;

     Section 2. For each school fiscal year, the secretary of education shall calculate the statewide average annual teacher's salary and report that average to the commissioner of the Bureau of Finance and Management.

     Section 3. Sections 1 and 2 of this Act are repealed on June thirtieth of the first fiscal year that the statewide average annual teacher's salary, as reported pursuant to section 2 of this Act, is equal to or exceeds forty thousand dollars.

     Section 4. On July first of the fiscal year following the first fiscal year that the statewide average annual teacher's salary, as reported pursuant to section 2 of this Act, is equal to or exceeds forty thousand dollars, subdivision § 13-13-10.1(3) is as it was in effect on July 1, 2007.

     Section 5. That § 13-16-26.2 be amended to read as follows:

     13-16-26.2.   Notwithstanding the provisions of § 13-16-26, no school district may transfer any funds, exclusive of federal funds, from the general fund to the capital outlay fund, bond redemption fund or the capital projects fund unless the school district's average annual teacher's salary as reported in section 2 of this Act is equal to or exceeds forty thousand dollars . "

1124ce

     Rep. Dykstra moved as a substitute motion that HB 1124 be further amended as follows:

     On page 2 of the House State Affairs Committee engrossed bill, delete lines 4 to 14, inclusive, and insert:

"

     Beginning on July 1, 2010, the Department of Education, from funds appropriated for the teacher compensation assistance program established in § 13-3-73, shall provide each certified teacher or school service specialist classified at Level II with an annual salary incentive of one thousand dollars.

     Beginning 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 or any certified 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 an annual salary incentive of five thousand dollars from the Department of Education from funds appropriated for the teacher compensation assistance program.".
     On page 2, line 22, after "receive" insert "from the Department of Education from funds appropriated for the teacher compensation assistance program an annual salary incentive".

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

     On page 2, line 24, delete "would have otherwise received" and insert "receives".

     On page 3, line 1, delete everything after "receive" and insert "from the Department of Education from funds appropriated for the teacher compensation assistance program an annual salary incentive of five".

     On page 3, line 2, delete "would have otherwise" and insert "receives".

     On page 3, line 3, delete "received".

     On page 7, line 16, delete everything after the second "," and insert "notwithstanding the provisions of any other law, any funds appropriated for the".

     On page 7, line 17, delete everything after "used" and insert "by the Department of Education to provide the salary incentives required in sections 2 and 3 of this Act.".

     On page 7, delete line 18.

     A roll call vote was requested and supported.

     The question being on Rep. Dykstra's substitute motion that HB 1124 be further amended.

     And the roll being called:

     Yeas 53, Nays 15, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Cutler; DeVries; Dreyer; Dykstra; Faehn; Gillespie; Gilson; Glenski; Gosch; Hackl; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); 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; Dennert; Elliott; Engels; Feinstein; Halverson; Lucas; Moore; Nygaard; Olson (Betty); Sigdestad; Thompson; Van Norman

     Excused:
Davis; Gassman

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1124 was so amended.

1124fb

     Rep. Hargens moved that HB 1124 be further amended as follows:

     On page 8, after line 21 of the House State Affairs Committee engrossed bill, insert:

"      Section 20. Any increased cost imposed upon school districts as a result of the provisions of this Act shall be paid by the state.".


     Rep. Faehn moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Hargens' motion that HB 1124 be further amended.

     And the roll being called:

     Yeas 25, Nays 42, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Burg; Dennert; DeVries; Elliott; Engels; Feinstein; Glenski; Halverson; Hargens; Jerke; Kirkeby; Koistinen; Lucas; Miles; Moore; Nelson; Nygaard; Olson (Betty); Sigdestad; Street; Thompson; Van Norman

     Nays:
Brunner; Buckingham; Carson; Cutler; Dreyer; Dykstra; Faehn; Gilson; Gosch; Hackl; Haverly; Heineman; Hills; Howie; Hunt; Juhnke; Krebs; Lust; McLaughlin; Noem; Novstrup (Al); Novstrup (David); 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

     Excused:
Davis; Gassman; Gillespie

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

     Rep. Hargens moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1124 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 29, Excused 2, Absent 0

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

     Nays:
Ahlers; Bradford; Burg; Carson; Dennert; DeVries; Elliott; Engels; Feinstein; Gillespie; Glenski; Halverson; Hargens; Jerke; Kirkeby; Koistinen; Lucas; Miles; Moore; Nelson; Nygaard; Olson (Russell); Putnam; Sigdestad; Street; Thompson; Van Norman; Vanneman; Wick

     Excused:
Davis; Gassman

     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.

1124ctb

     Rep. Nelson moved that the title to HB 1124 be amended as follows:

     On page 1, line 2, of the House State Affairs Committee engrossed bill, before "and to" insert "to establish the Certified Teacher and School Service Specialist Classification and Evaluation System Advisory Board,".

     Which motion prevailed and the title was so amended.

      HB 1262: FOR AN ACT ENTITLED, An Act to establish a classification system, an evaluation system, and minimum annual salaries for certified teachers and school service specialists, and to repeal certain provisions relating to teacher tenure.

     Was read the second time.

     Rep. Rhoden moved that HB 1262 be laid on the table.

     The question being on Rep. Rhoden's motion that HB 1262 be laid on the table.

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

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

     Nays:
Dennert; Putnam; Street

     Excused:
Davis; Gassman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1262 was tabled.

    Speaker Deadrick now presiding.

     HB 1319: FOR AN ACT ENTITLED, An Act to make an appropriation for the purpose of making revolving loans to public entities for energy saving projects.

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

     Rep. Faehn moved that HB 1319 be laid on the table.

     The question being on Rep. Faehn's motion that HB 1319 be laid on the table.

     And the roll being called:


     Yeas 66, Nays 2, Excused 2, Absent 0

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

     Excused:
Davis; 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 tabled.

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

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

     The question being "Shall HB 1076 pass?"

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Carson; Dreyer; Dykstra; Faehn; Gosch; Haverly; Heineman; Hills; 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; Cutler; Dennert; DeVries; Elliott; Engels; Feinstein; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens; Howie; Jerke; Kirkeby; Koistinen; Lucas; Miles; Moore; Nelson; Noem; Nygaard; Olson (Betty); Pitts; Sigdestad; Street; Thompson; Van Norman; Vanneman

     Excused:
Davis; 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 SENATE BILLS AND JOINT RESOLUTIONS

     Rep. Rhoden moved that SB 15, 2, 3, 34, 38, 13, 64, 68, 139, 63, 87, 156, 51, 200, 65, 69, 133, 32, and 41 be deferred to Friday, February 15th, the 25th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1088, 1135, 1159, 1174, 1200, 1211, and 1321 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1044, 1067, 1068, 1078, 1092, 1111, 1112, 1122, 1134, 1137, and 1181 were delivered to his Excellency, the Governor, for his approval at 3:45 p.m., February 14, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1088: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to temporary custody prior to divorce or separate maintenance.

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

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

     HB 1174: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the composition of water development district boards of directors.

     HB 1200: FOR AN ACT ENTITLED, An Act to  clarify the computation for premium tax payable for individual life insurance policies purchased by South Dakota residents.

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

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

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

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

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 5:47 p.m. the House adjourned.

Karen Gerdes, Chief Clerk