JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 21, 2008

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

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House page Kristi Jensen.

     Roll Call: All members present.

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-seventh 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 21, 2008

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 20, 2008, I approved House Bills 1005, 1006, 1015, 1017, 1041, 1058, 1079, 1093, 1123, 1191, 1194, 1240, 1247, and 1276, 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 Taxation respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be amended as follows:

115fa

     On page 2, line 7, of the printed bill, delete " two " and insert " one ".

     On page 4, line 14, delete " to conservation districts or loans " and insert " or loans to conservation districts".

    And that as so amended said bill do pass.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 57, 58, and 192 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Larry Tidemann, Chair

 Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 134 and returns the same with the recommendation that said bill be amended as follows:

134tb

     On page 2, line 7, of the printed bill, delete " two hundred fifteen " and insert " three hundred ".

     On page 2, line 7, after "dollars." insert " Beginning July 1, 2010, the biennial application fee is two hundred forty dollars. ".

     On page 3, line 3, overstrike "Forty-two dollars and fifty cents" and insert " Sixty-seven dollars and fifty cents ".

     On page 3, line 10, delete " and ".

     On page 3, delete line 12, and insert:

"

                  in § 38-20A-56; and

             (7)    Sixty dollars shall be deposited in the coordinated natural resources conservation fund created in § 38-7-25. This subdivision is repealed on July 1, 2010 .".

134ttb

     On page 1, line 1, of the printed bill, delete everything after "fee" and insert ", to revise its allocation".

     On page 1, line 2, delete everything before ", to" .

    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 152 which was tabled.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 196 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 174 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SCR 7 and returns the same with the recommendation that said resolution be concurred in.

Respectfully submitted,
Gordon R. Pederson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1081, 1082, 1084, 1129, 1136, 1138, 1146, 1168, 1178, 1179, 1198, 1218, 1258, 1260, 1269, 1274, and 1290 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1080, 1083, and 1294 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

HONORED GUESTS

     Rep. Rhoden introduced Chief David Beautiful Bald Eagle from the Cheyenne River Sioux Tribe.

MOTIONS AND RESOLUTIONS

     Rep. Vehle moved that the consideration of amendments to HB 1099 be deferred to Friday, February 22nd, the 29th legislative day.

     Which motion prevailed.

     Rep. Hargens moved that the House do concur in Senate amendments to HB 1245.

     The question being on Rep. Hargens' motion that the House do concur in Senate amendments to HB 1245.

     And the roll being called:

     Yeas 53, Nays 17, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Dennert; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Halverson; Hargens; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Pitts; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Speaker Deadrick

     Nays:
Boomgarden; Davis; DeVries; Hackl; Haverly; Koistinen; Noem; Novstrup (Al); Novstrup (David); Olson (Ryan); Peters; Putnam; Rausch; Rounds; Tidemann; Vanneman; Willadsen

     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. Krebs moved that the House do concur in Senate amendments to HB 1255.

     The question being on Rep. Krebs' motion that the House do concur in Senate amendments to HB 1255.

     And the roll being called:

     Yeas 59, Nays 10, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gassman; Gillespie; Gilson; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; McLaughlin; 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; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Burg; Dennert; Elliott; Engels; Feinstein; Glenski; Koistinen; Miles; Street; Vehle

     Excused:
Van Norman

     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.

     Rep. Hargens moved that the House do not concur in Senate amendments to HB 1293 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. Brunner, Hargens, and Howie.

     HCR 1006: A CONCURRENT RESOLUTION,  Urging that the delisting of gray wolves as a threatened or endangered species be extended to include all parts of South Dakota.

     Rep. Vehle moved that HCR 1006 as found on pages 641 and 642 of the House Journal be adopted.

     The question being on Rep. Vehle's motion that HCR 1006 be adopted.

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

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

     Nays:
Engels; Hills; Lust; Street

     Excused:
Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

     HCR 1007: A CONCURRENT RESOLUTION, Supporting the establishment of USDA- inspected horse processing plants in the State of South Dakota.

     Rep. Sigdestad moved that HCR 1007 as found on pages 642 and 643 of the House Journal be adopted.

     The question being on Rep. Sigdestad's motion that HCR 1007 be adopted.

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

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

     Nays:
Ahlers; Carson; McLaughlin

     Excused:
Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1007 was adopted.


     HCR 1008  Introduced by:  Representatives Faehn, Brunner, Dykstra, Halverson, Hargens, Krebs, Pederson (Gordon), Rausch, Rave, Rhoden, and Turbiville and Senators Abdallah, Apa, and Napoli

         A CONCURRENT RESOLUTION,  Urging Congress not to impose any new performance fees, taxes, royalties, or other charges relating to the public performance of sound recordings on local radio stations and to support the Local Radio Freedom Act.

     WHEREAS,  South Dakota citizens enjoy broadcasting and sound recording industries that are the envy of the world, due to the symbiotic relationship that has existed among these industries for many decades;

     WHEREAS,  for more than eighty years, the U.S. Congress has rejected repeated calls by the recording industry to impose a performance fee on local radio stations for simply playing music on the radio and upsetting the mutually beneficial relationship between local radio and the recording industry;

     WHEREAS,  local radio stations provide free publicity and promotion to the recording industry and performers of music in the form of radio airplay, interviews with performers, introduction of new performers, concert promotions, and publicity that promotes the sale of music, concert tickets, ring tones, music videos, and associated merchandise;

     WHEREAS,  Congress found that the sale of many sound recordings and the careers of many performers benefited considerably from airplay and other promotional activities provided by both noncommercial and advertiser-supported, free over-the-air broadcasting;

     WHEREAS,  local radio broadcasters provide tens of thousands of hours of essential local news and weather information during times of national emergencies and natural disasters, such as September 11th, and Hurricanes Katrina and Rita, as well as public affairs programming, sports, and hundreds of millions of dollars of time for public service announcements and local fund raising efforts for worthy charitable causes, all of which are jeopardized if local radio stations are forced to divert revenues to pay for a new performance fee;

     WHEREAS,  there are many local South Dakota radio stations that will suffer severe economic hardship if any new performance fee is imposed, as will many other small businesses that play music including bars, restaurants, retail establishments, sports and other entertainment venues, shopping centers, and transportation facilities; and

     WHEREAS,  the hardship that would result from a new performance fee would hurt South Dakota businesses, and ultimately the South Dakota consumers who rely on local radio for news, weather, and entertainment; and such a performance fee is not justified when the current system has produced the most prolific and innovative broadcasting, music, and sound recording industries in the world:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- Third Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges Congress not to impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for

broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature urges Congress to support the Local Radio Freedom Act.

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

     HCR 1009  Introduced by:  Representatives Jerke, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Carson, Cutler, Davis, Deadrick, Dennert, DeVries, Dreyer, Dykstra, Elliott, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Gosch, Hackl, Halverson, Hargens, Haverly, Heineman, Hills, Howie, Hunt, 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, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vanneman, Vehle, Weems, Wick, and Willadsen and Senators Lintz, Abdallah, Albers, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Hoerth, Hunhoff, Kloucek, Knudson, Koetzle, Maher, McCracken, McNenny, Napoli, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, and Two Bulls

         A CONCURRENT RESOLUTION,  Supporting full funding, at the federal level, for immigration and custom enforcement officers for the detention of persons who have been determined to be in South Dakota illegally and have been reported to them by local law enforcement officers.

     WHEREAS,  local law enforcement officers already report to Immigration and Customs Enforcement any person that is unable to provide documentation or who provides questionable documentation that they come into contact with; and

     WHEREAS,  unless that person has committed a violent crime, Immigration and Customs Enforcement officials are usually unable to authorize the detention of that person; and

     WHEREAS,  Immigration and Customs Enforcement are not able to deport everyone that Immigration and Customs Enforcement is contacted about that is confirmed to be in South Dakota illegally because of limited funding at the federal level; and

     WHEREAS,  Immigration and Customs Enforcement should be reimbursing local law enforcement agencies for detention of illegal immigrants:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- Third Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the federal government to provide full funding so that when local law enforcement officers contact Immigration and Customs Enforcement about a person suspected of committing a crime in South Dakota and it is determined by Immigration and Customs Enforcement that that person is indeed illegal, the person may be detained and, if convicted, be deported.
     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 22nd, the 29th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Health and Human Services on SB 112 as found on page 636 of the House Journal ; also

     State Affairs on SB 53 as found on pages 637 and 638 of the House Journal ; also

     State Affairs on SB 188 as found on pages 638 and 639 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

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

     Was read the second time.

     The question being "Shall SB 132 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

     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 128: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the modification of credit card agreements.

     Was read the second time.

     The question being "Shall SB 128 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

     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 158: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the supervision, rehabilitation, and liquidation of insurers.

     Was read the second time.

     The question being "Shall SB 158 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

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

     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

     SB 22: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts and to declare an emergency.

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

22ca

     Rep. Dennert moved that SB 22 be amended as follows:

     On page 2, after line 16 of the printed bill, insert:

"

     Section 2. That § 13-16-26 be amended to read as follows:

     13-16-26.   All or any part of a surplus of any school district fund, except the capital outlay fund provided by §§ 13-16-6 to 13-16-9, inclusive, and the special education fund provided by § 13-37-16 may be transferred to any other school district fund. Only a school district with a plan for reorganization that has been approved by the voters pursuant to § 13-6-47 after July 1, 2007 may transfer within twelve months of the reorganization all or any part of a surplus in the capital outlay fund to the general fund or to the bond redemption fund . Any unused portion of money that has been transferred into the special education fund may be transferred from the special education fund within the current fiscal year to the fund from which it originated. All or any part of any school district fund may be loaned to any other school district fund for a term not to exceed twenty-four months. ".


     Which motion lost.
      The question being "Shall SB 22 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

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

     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 77: FOR AN ACT ENTITLED, An Act to repeal the provision that prohibits radio or televison broadcasting or taking of photographs of judicial proceedings from courtrooms.

     Was read the second time.

     The question being "Shall SB 77 pass?"

     And the roll being called:

     Yeas 57, Nays 13, Excused 0, Absent 0

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

     Nays:
Bradford; Carson; Davis; DeVries; Dykstra; Koistinen; Nelson; Noem; Olson (Betty); Rhoden; Street; Van Etten; Vehle

     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 93: FOR AN ACT ENTITLED, An Act to revise the uniform commercial code.

     Was read the second time.

     The question being "Shall SB 93 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

     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 97: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding property condition disclosure statements.

     Was read the second time.

     Rep. Brunner moved that SB 97 be deferred to Friday, February 22nd, the 29th legislative day.

     Which motion prevailed.

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

     Was read the second time.

     The question being "Shall SB 177 pass?"

     And the roll being called:


     Yeas 67, Nays 3, Excused 0, Absent 0

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

     Nays:
Bradford; Rounds; Van Norman

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

     SB 7: FOR AN ACT ENTITLED, An Act to make an appropriation for the renovation of the National Guard armory in Yankton and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 7 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

     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 28: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

     Was read the second time.

     The question being "Shall SB 28 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

     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 29: FOR AN ACT ENTITLED, An Act to make an appropriation to fund a dental externship program.

     Was read the second time.

     The question being "Shall SB 29 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

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

     Nays:
Peters

     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 47: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 47 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; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; 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:
Howie

     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 49: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 49 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

     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 55: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to convey a tract of land in Pennington County to the United States Air Force and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

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

     Was read the second time.

     The question being "Shall SB 40 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

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

     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 148: FOR AN ACT ENTITLED, An Act to provide for a tax incentive for fuel blended with biodiesel.

     Was read the second time.

     The question being "Shall SB 148 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; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; 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:
Hunt

     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 37: FOR AN ACT ENTITLED, An Act to establish certain suitability requirements for annuities.

     Was read the second time.

     The question being "Shall SB 37 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; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; 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:
Hunt

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

     Was read the second time.

     The question being "Shall SB 114 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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


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

     Was read the second time.

     Rep. Rhoden moved that SB 176 be deferred to Friday, February 22nd, the 29th legislative day.

     Which motion prevailed.

     SB 24: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain school districts for consolidation incentives.

     Was read the second time.

     The question being "Shall SB 24 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; Elliott; Engels; Faehn; Feinstein; Gassman; 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:
Dykstra

     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 48: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 48 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 6, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Elliott; Faehn; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Engels; Feinstein; Hargens; Moore; Van Norman

     Excused:
Dykstra

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

     Was read the second time.

     The question being "Shall SB 109 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; Elliott; Engels; Faehn; Feinstein; Gassman; 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:
Dykstra

     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.

     Rep. Rhoden moved that SB 180, 173, 80, 107, 162, 46, 17, 52, 85, 157, and 186 be deferred to Friday, February 22nd, the 29th legislative day.

     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  99 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 201 and returns the same with the recommendation that said bill be amended as follows:

201cd

     On page 1, line 8, of the Senate Appropriations Committee engrossed bill, delete " 24 23 " and insert "24".

     On page 1, line 12, delete everything after " enrollment " .

     On page 1, delete line 13.

     On page 1, line 14, delete everything before ";" .

201ce

     On page 1, line 11, of the Senate Appropriations Committee engrossed bill, remove the overstrikes from everything after "before the" .

     On page 1, line 12, delete everything before " . " .

     On page 3, line 22, delete everything after "Complete" and insert "fifteen credit hours of instruction per semester".

     On page 3, delete line 23.

     On page 3, delete line 24, and insert ". The student shall enroll in and complete at least fifteen".

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

     On page 4, delete lines 2 and 3.

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

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  153 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  26 and 181 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 13, 87, and 156.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that HB 1250 was tabled.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Lintz, Tom Hansen, and Gary Hanson 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 1293.

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 1081, 1082, 1084, 1096, 1129, 1136, 1138, 1146, 1168, 1178, 1179, 1198, 1218, 1258, 1260, 1269, 1274, and 1290 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HJR 1001 and HJR 1004 were delivered to his Excellency, the Secretary of State, for filing at 3:20 p.m., February 21, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1081: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to replace storage facilities at the Cottonwood Agricultural Experiment Station and to make an appropriation therefor.

     HB 1082: FOR AN ACT ENTITLED, An Act to  revise the appropriation for a new dairy manufacturing plant at South Dakota State University.

     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.

     HB 1096: FOR AN ACT ENTITLED, An Act to  authorize the court appointment of parenting coordinators in certain custody and visitation disputes.

     HB 1129: FOR AN ACT ENTITLED, An Act to  establish the Commission on Equal Access to Our Courts and to make an appropriation therefor and to provide for the distribution of any residual funds from class action lawsuits to the commission or other nonprofit charitable organizations.

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

     HB 1138: FOR AN ACT ENTITLED, An Act to  prohibit the use of a false academic degree or a degree that is not completed.

     HB 1146: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding subsequent administration of an estate.

     HB 1168: FOR AN ACT ENTITLED, An Act to  clarify the penalty applicable to violations of certain no contact orders.

     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.

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

     HB 1198: FOR AN ACT ENTITLED, An Act to  revise the amount of a judgment in a petty offense case.

     HB 1218: FOR AN ACT ENTITLED, An Act to  increase the maximum allowable outstanding amount of bonds issued by the Health and Educational Facility Authority on behalf of the four technical institutes.


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

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

     HB 1269: FOR AN ACT ENTITLED, An Act to  allow a beer and wine combination license.

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

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

     SB 6: FOR AN ACT ENTITLED, An Act to  revise certain provisions to allow the transfer of ownership of an application to appropriate water.

     SB 10: FOR AN ACT ENTITLED, An Act to  include Dakota and Nakota with certain requirements for instruction in the Lakota language.

     SB 14: FOR AN ACT ENTITLED, An Act to  extend the time allowed to request a hearing or pay an audit assessment.

     SB 15: FOR AN ACT ENTITLED, An Act to  provide certain provisions regarding an electronic vehicle title.

     SB 18: FOR AN ACT ENTITLED, An Act to  revise certain dates pertaining to references to the Internal Revenue Code.

     SB 31: FOR AN ACT ENTITLED, An Act to  provide for certification of chiropractic assistants.

     SB 32: FOR AN ACT ENTITLED, An Act to  establish a separate licensure category for vacation home establishments and to require vacation home establishments to meet minimum fire safety standards.

     SB 41: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of public storage warehouses.

     SB 42: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding the regulation of public warehouses by the Public Utilities Commission.

     SB 45: FOR AN ACT ENTITLED, An Act to  revise the requirements regarding the licensing and regulation of public grain warehouses, to establish a grain warehouse fund, and to make a continuous appropriation from that fund.

     SB 82: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the accumulation of funds by counties for capital outlay purposes.

     SB 88: FOR AN ACT ENTITLED, An Act to  require abortion facilities to offer sonograms to pregnant women under certain circumstances.

     SB 100: FOR AN ACT ENTITLED, An Act to  revise the definition of certain public entities that are prohibited from making political campaign contributions.

     SB 140: FOR AN ACT ENTITLED, An Act to  revise the application requirements for property tax exemptions provided for dwellings owned and occupied by disabled veterans.

     SB 155: FOR AN ACT ENTITLED, An Act to  provide state aid to education to certain school districts for certain students.

     SB 199: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning public meetings.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1012  Introduced by:  Representatives Deadrick and Juhnke and Senator Garnos

         A LEGISLATIVE COMMEMORATION,  Honoring Platte's Summer Recreation program and its three 2007 state champion youth baseball and softball teams.

     WHEREAS,  during the 2007 season, one youth baseball and two youth softball teams from Platte earned state champion titles. The Platte VFW Teener Baseball Team won the 2007 VFW Teener Class A State Championship held at Webster, and Platte's girls fastpitch softball teams won state Class B championships held at Sioux Falls in both the 12U and 14U age divisions; and

     WHEREAS,  members of Platte's 2007 VFW Teener Baseball Class A State Championship Team included: Spencer Dehaan, Audie Kuipers, Jordan Johnson, Laramie Strand, Houston Johnson, Collin Ringling, Jon Werkmeister, Calby Plooster, Nick Strand, Anthony Dyk, Keith Cutler, Landon Brondsema, Shay Nelson, Josh Wagner, Alex Millar, and Sam Millar; and

     WHEREAS,  members of Platte's 2007 14U Fastpitch Softball Class B State Championship Team included: Elaina Deadrick, Kendra Knudson, Alex Hirt, Rachel Sternberg, Emily Johnson, Maggie Foxley, Kalli Kuipers, Destinni Girton, Jalisa Finney, Jill Olsen, Anna Kelley, Shelby Burket, Amanda Qualm, and Abby Dyk; and

     WHEREAS,  members of Platte's 2007 12U Fastpitch Softball Class B State Championship Team included: Kelly Knudson, Jacy Finney, Kellee Griese, Kelli Sprik, Haley Whalen,

Mackenzie Millar, Rebekah Konechne, Shelby Rabenberg, Josie DeGroot, Maddy Tegethoff, Kelli Nelson, Brianna Erickson, Acacia Deadrick, Katie Foxley, and Savannah Boltjes:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Platte Summer Recreation program and the players and coaches of Platte's youth baseball and softball teams, including the VFW Teener Class A Baseball Team, the 14U Class B Fastpitch Softball Team, and the 12U Class B Fastpitch Softball Team, are to be honored and congratulated as state champions in their respective divisions for 2007.

     HC 1013  Introduced by:  Representatives Gillespie, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Burg, Carson, Cutler, Davis, Deadrick, Dennert, DeVries, Dreyer, Dykstra, Elliott, Engels, Faehn, Feinstein, Gassman, 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, and Willadsen and Senators Albers, Abdallah, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Koetzle, Lintz, Maher, McCracken, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, Turbak Berry, and Two Bulls

         A LEGISLATIVE COMMEMORATION,  Honoring Lisa Jan Thvedt, of Beresford, South Dakota, for being selected to represent her state as South Dakota's Junior Miss 2007 in the America's Junior Miss Scholarship Program in Mobile, Alabama.

     WHEREAS,  Lisa Jan Thvedt was co-salutatorian for her senior class; secretary of her senior class; reporter of the student council; secretary of the National Honor Society; president of Family, Career, Community Leaders of America (FCCLA); Bill O'Keefe Memorial 2007 Academic All-State Team; Wendy's High School Heisman Award; Daughters of the American Revolution Good Citizenship Award; and Cross Country Academic All-State and captain of the girls' cross country team; and

     WHEREAS,  America's Junior Miss was founded in 1958 and is headquartered in Mobile, Alabama, with more than 700,000 young women from across the nation having participated in Junior Miss programs at the local, state, and national levels for cash scholarships and college- granted scholarships from nearly two hundred colleges and universities; and

     WHEREAS,  the mission of America's Junior Miss is to emphasize education by providing scholarship opportunities to outstanding, college-bound high school girls, and to encourage personal development in all young people:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Lisa Jan Thvedt be honored for being selected as South Dakota's Junior Miss 2007.
      Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:59 p.m. the House adjourned.

Karen Gerdes, Chief Clerk