JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



THIRTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 25, 2008

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

     The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House page Lacey Hofhenke.

     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-ninth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  161 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 126 and returns the same with the recommendation that said bill be amended as follows:

126fh

     On page 1, line 9, of the Senate State Affairs Committee engrossed bill, delete "pursuant to subdivision 35-4-2(4) or (6)" and insert "for full-service restaurants".

     On page 1, line 10, delete "2" and insert "7".

     On page 1, delete lines 11 to 13, inclusive, and insert:

"      Section 2. Terms used in this Act mean:

             (1)    "Bar," any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages;

             (2)    "Full-service restaurant," any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or food and victuals such as sandwiches, hamburgers, or salads is not a full-service restaurant;

             (3)    "Restaurant," any area in a building maintained, advertised, and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where not more than fifty percent of the gross revenue of the restaurant is derived from the sale of alcohol or alcoholic beverages. The restaurant shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals.

     Section 3. An applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverages. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential.
     Section 4. When the municipality is renewing a full-service restaurant on-sale license, the municipality shall condition the license renewal upon receiving documentation that not more than fifty percent of gross sales from the preceding twelve months operation of the full-service restaurant is derived from the sale of alcohol or alcoholic beverages. The full-service restaurant on-sale licensee shall submit an annual report to the municipality on the sales for the full-service restaurant that includes an oath verifying the validity of the information provided in the report. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross sales of the licensee for the following two categories:

             (1)    Food and nonalcoholic beverage sales; and

             (2)    Alcoholic beverage sales.

     Section 5. A full-service restaurant on-sale licensee may only serve alcoholic beverages for on-premise consumption in the bar and dining room area of the restaurant.

     Section 6. A restaurant that has a full-service restaurant on-sale license may only be advertised or held out to the public as primarily a food eating establishment. No licensee that has a full-service restaurant on-sale license may allow smoking on the licensed premises.".


     On page 2, delete lines 1 to 4, inclusive.

     On page 2, line 8, delete "pursuant to subdivision 35-4-2(4) or (6)" and insert "to full- service restaurants".

     On page 2, line 23, after "2008," insert "and who purchased the license or had the license transferred to such licensee at any time between January 1, 2003, and January 1, 2008,".

     On page 3, line 1, after "paid" insert "for the on-sale license to the municipality or county that issued the license".

     On page 3, line 9, before "on-sale" insert "full-service restaurant".

     On page 3, line 9, delete "1" and insert "7".

     On page 3, line 10, after "value." insert "However, such full-service restaurant on-sale license fee may not be less than the minimum on-sale license fee established pursuant to subdivision 35-4-2(4) or (6).".

     On page 3, line 11, delete "prior to" and insert "between January 1, 2003, and".

     On page 3, line 13, after "2008," insert "who acquired the on-sale license within the last five years".

     On page 3, line 15, delete "The" and insert "Each".

     On page 3, line 15, after "county" insert "adopting an ordinance pursuant to section 1 of this Act".
     On page 3, line 16, delete "4" and insert "9".

     On page 3, line 17, before "on-sale" insert "full-service restaurant".

     On page 3, line 20, delete "4" and insert "9".

     On page 3, line 23, delete "4" and insert "9".

     On page 3, line 23, after "Act." insert "Nothing in this Act precludes the sale of an on-sale license by a licensee not listed on the registry.".

     On page 4, line 1, delete "6" and insert "10".

126ftb

     On page 1, line 2, of the Senate State Affairs Committee engrossed bill, delete everything after "licenses" and insert ".".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 143 and returns the same with the recommendation that said bill be amended as follows:

143sd

     On page 1 of the Senate engrossed bill, delete lines 7 to 9, inclusive, and insert:

" service account:

             (a)    Which has a sufficient positive balance as of the last day of any month and is issued to a person who resides in a zip code, or purchases the service, within the state; or

             (b)    As estimated by dividing the total earned prepaid wireless telecommunications service revenue received by the service provider within the monthly reporting period by the industry's annually calculated average revenue per user as cited in the FCC's Annual Report and Analysis of Competitive Market Conditions With Respect to Commercial Mobile Services as required under 47 U.S.C. §  332(c)(1)(C); ".

143sg

     On page 14, after line 20 of the Senate engrossed bill, insert:

"
     Section 21. Notwithstanding any provision of chapter 34-45, no retailer purchasing prepaid wireless telecommunication services or devices for resale is required to collect or remit any 911 emergency surcharge.".


143se

     On the previously adopted amendment (143sd), after the last sentence in subsection (b), insert the following:

"

             (c)    Which is a retail sale by a prepaid wireless telecommunications service provider to a service user in the state; ".

     On page 3, line 22 of the Senate engrossed bill, after " state " insert " provided, however, that with respect to an active prepaid wireless telecommunications service user account under subsection 34-45-1(1)(c), the surcharge shall be two percent of the retail purchase price of such service ".

143sf

     On page 8, line 10, before " or " insert " prepaid wireless telecommunications service provider, ".

     On page 8, line 14, before " or " insert " prepaid wireless telecommunications service provider, ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 123 and returns the same with the recommendation that said bill be amended as follows:

123sa

     On page 2, line 21, of the Senate engrossed bill, delete "and declaration".

     On page 2, line 23, delete "and declaration ".
    And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

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

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 172 and returns the same with the recommendation that said bill be amended as follows:

172ba

     On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed version.

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 187 and returns the same with the recommendation that said bill be amended as follows:

187cb

     On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:

"
    Section 1. Education in South Dakota is hereby enhanced."

187cta

     On page 1, line 1, of the Senate Education Committee engrossed bill, delete everything after "An Act to" and insert "enhance education in South Dakota.".

     On page 1, delete line 2.
    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  189, which was removed from the table, which was tabled.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1228 which has passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1149 and 1162 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 1007 in which the Senate has concurred.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 13 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Vehle moved that the consideration of amendments to HB 1099 be deferred to Tuesday, February 26th, the 31st legislative day.

     Which motion prevailed.

     HCR 1010: A CONCURRENT RESOLUTION, Supporting the "25 by 25" Initiative and promoting the increased production of renewable energy by the agricultural community.

     Rep. Dykstra moved that HCR 1010 as found on pages 700 and 701 of the House Journal be adopted.

     The question being on Rep. Dykstra's motion that HCR 1010 be adopted.

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; Dreyer; Dykstra; 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; 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:
DeVries; Koistinen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1010 was adopted.

     SCR 13: A CONCURRENT RESOLUTION, Opposing the development of the NAFTA Superhighway.

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Cutler moved that the report of the Conference Committee on HB 1064 as found on page 696 of the House Journal be adopted.

     The question being on Rep. Cutler's motion that the report of the Conference Committee on HB 1064 be adopted.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 27 as found on page 694 of the House Journal ; also

     State Affairs on SB 54 as found on page 695 of the House Journal ; also

     State Affairs on SB 190 as found on page 695 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 129: FOR AN ACT ENTITLED, An Act to revise the grounds for which continuation or conversion is not required for group health policies.

     Was read the second time.

     The question being "Shall SB 129 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 4: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance reporting requirements and to establish certain penalties.

     Was read the second time.

     Rep. Koistinen moved that SB 4 be deferred to Tuesday, February 26th, the 31st legislative day.

     Which motion prevailed.

     SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the classification and taxation of real property.

     Was read the second time.

     The question being "Shall SB 92 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

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

     The question being "Shall SB 97 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; 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; Willadsen; Speaker Deadrick

     Excused:
Gillespie

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

     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.

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

176aa

     Rep. Tidemann moved that SB 176 be amended as follows:

     On page 2, line 5, of the House State Affairs Committee engrossed bill, delete "ninety-" and insert "one dollar ($1)".

     On page 2, line 6, delete everything before "," .

     Which motion prevailed.

     The question being "Shall SB 176 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; 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:
Gillespie

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

     SB 180: FOR AN ACT ENTITLED, An Act to make an appropriation to provide certain refunds of sales tax on food.

     Was read the second time.

180ua

     Rep. Putnam moved that SB 180 be amended as follows:

     On page 1, line 12, of the printed bill, after "obligated" insert "by June 30, 2009,".

     Which motion prevailed.

     The question being "Shall SB 180 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.

     SB 173: FOR AN ACT ENTITLED, An Act to exempt certain dairies from the restrictions of the Family Farm Act.

     Was read the second time.

     The question being "Shall SB 173 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 6, Excused 1, Absent 0

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

     Nays:
Engels; Feinstein; Gassman; Glenski; Lucas; Miles

     Excused:
Dykstra

     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 80: FOR AN ACT ENTITLED, An Act to restrict the release or use of social security numbers by the state and its political subdivisions unless certain security measures are taken.

     Was read the second time.

     The question being "Shall SB 80 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 107: FOR AN ACT ENTITLED, An Act to authorize county special assessments for certain improvements, maintenance, and repair to roadways in unorganized townships.

     Was read the second time.


     The question being "Shall SB 107 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 48, Excused 0, Absent 0

     Yeas:
Cutler; Dreyer; Gilson; Gosch; Heineman; Hills; Juhnke; Kirkeby; Krebs; Moore; Nelson; Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pitts; Rounds; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Davis; Dennert; DeVries; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Haverly; Howie; Hunt; Jerke; Koistinen; Lucas; Lust; McLaughlin; Miles; Noem; Novstrup (Al); Nygaard; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman

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

     SB 162: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the confidentiality of certain geological reports.

     Was read the second time.

     The question being "Shall SB 162 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 14, Excused 2, Absent 0

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

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

     Excused:
Ahlers; Gosch

     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 46: FOR AN ACT ENTITLED, An Act to increase certain license fees for grain buyers and grain warehouses.

     Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

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

     Excused:
Ahlers; Gilson

     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 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of banks.

     Was read the second time.

     The question being "Shall SB 17 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent 0

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

     Nays:
Elliott; Gillespie; Glenski; Hargens; Miles; Rausch; Van Norman; Vehle

     Excused:
Feinstein

     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 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of franchises and business opportunities.

     Was read the second time.

     The question being "Shall SB 52 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; 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:
Feinstein

     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 85: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the trust business in banks and the trust company business.

     Was read the second time.

     The question being "Shall SB 85 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; 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

     Excused:
Feinstein

     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 157: FOR AN ACT ENTITLED, An Act to revise the surety bond requirements for persons employed by mortgage brokerages.

     Was read the second time.

     The question being "Shall SB 157 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; 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:
Feinstein

     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 186: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records.

     Was read the second time.

     Rep. Cutler moved that SB 186 be deferred to Tuesday, February 26th, the 31st legislative day.

     Which motion prevailed.

     SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions related to capital punishment.

     Was read the second time.

     The question being "Shall SB 53 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 188: FOR AN ACT ENTITLED, An Act to establish high performance building design and construction standards for newly constructed or renovated state-owned buildings.

     Was read the second time.

188of

     Rep. Brunner moved that SB 188 be amended as follows:

     On page 1 of the House State Affairs Committee engrossed bill, delete lines 12 to 15, inclusive, and insert:

"

             (c)    A comparable numeric rating under a sustainable building certification program recognized by the American National Standards Institute as an accredited standards developer;".

     On page 3, line 16, delete "'," and insert "and".

     On page 3, line 17, delete everything after "standards" and insert ".".

     On page 3, delete line 18.

     Which motion prevailed.

     The question being "Shall SB 188 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

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

     SB 57: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a roadway on the campus of the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 57 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 5, Excused 0, Absent 0

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

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

     SB 58: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish Seymour Hall at Northern State University.

     Was read the second time.

     The question being "Shall SB 58 pass?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
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; 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; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Hills; Thompson

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

     Was read the second time.

192mf

     Rep. Tidemann moved that SB 192 be amended as follows:

     On page 1, line 9, of the Senate Appropriations Committee engrossed bill, after " site " insert " in Pierre, South Dakota, ".

     On page 2, after line 7, insert:

"      Section 2. All courses offered at off-campus locations will be at self-support tuition rates established by the Board of Regents, with the exception of nursing courses offered at the Pierre site through the University of South Dakota and South Dakota State University, which can be offered at state-support rates if authorized by the board.".


     Which motion prevailed.

     The question being "Shall SB 192 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

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

     Excused:
Buckingham; Gosch

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

     Was read the second time.

     Rep. Rave moved that SB 174 be deferred to Tuesday, February 26th, the 31st legislative day.

     Which motion prevailed.

     SB 99: FOR AN ACT ENTITLED, An Act to exempt certain school districts from the requirement to reorganize due to low enrollment.

     Was read the second time.

     The question being "Shall SB 99 pass?"

     And the roll being called:

     Yeas 31, Nays 38, Excused 1, Absent 0

     Yeas:
Ahlers; Bradford; Burg; Cutler; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Hills; Jerke; Kirkeby; Koistinen; Miles; Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Sigdestad; Street; Thompson; Van Norman; Wick

     Nays:
Boomgarden; Brunner; Buckingham; Carson; Davis; Dreyer; Dykstra; Faehn; Gilson; Haverly; Heineman; Howie; Hunt; Juhnke; Krebs; Lucas; Lust; McLaughlin; Moore; Noem; Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Excused:
Gosch

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

     Rep. Rhoden moved that SB 115, 134, 201, 182, 116 and SJR 1 be deferred to Tuesday, February 25th, the 30th legislative day.

     Which motion prevailed.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Smidt, Apa, and Bartling 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 1080.


Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Smidt, Apa, and Bartling 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 1083.

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 1228 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1081, 1082, 1084, 1090, 1096, 1097, 1113, 1115, 1129, 1136, 1138, 1139, 1142, 1143, 1146, 1148, 1164, 1168, 1178, 1179, 1198, 1203, 1210, 1212, 1213, 1218, 1241, 1258, 1260, 1269, 1274, 1277, 1288, and 1290 were delivered to his Excellency, the Governor, for his approval at 8:22 a.m., February 25, 2008.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1151, 1157, 1163, 1173, 1201, 1238, 1239, 1245, 1255, 1272, and 1318 were delivered to his Excellency, the Governor, for his approval at 3:20 p.m., February 25, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

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

     SB 44: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the licensing and regulation of grain dealers and buyers.

     SB 84: FOR AN ACT ENTITLED, An Act to  revise certain miscellaneous provisions of the trust statutes.

     SB 111: FOR AN ACT ENTITLED, An Act to  extend the prohibition of road hunting of big game to include hunting using certain additional weapons.

     SB 124: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to format standards for real estate documents.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1022  Introduced by:  Representatives Faehn, Koistinen, Lucas, and Vanneman and Senators Bartling and Turbak Berry

         A LEGISLATIVE COMMEMORATION,  Honoring Trent Kubik of Hamill, 2007 South Dakota American Legion Boys State Governor, and Lauren Beadnell of Watertown, 2007 South Dakota American Legion Auxiliary Girls State Governor; and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Boys State and Girls State programs.

     WHEREAS,  Trent Kubik and Lauren Beadnell have been selected and are serving in these high offices and are outstanding young South Dakota leaders; and

     WHEREAS,  the goals of Boys State and Girls State are as follows:

             (1)    To better help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship; and

             (2)    To give better knowledge of the fundamental principles of government within the State of South Dakota through a unique learn-by-doing workshop; and

     WHEREAS,  the South Dakota American Legion and Auxiliary have worked diligently for more than the last sixty years in conducting these fine programs:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Trent Kubik and Lauren Beadnell be congratulated for their outstanding achievements; that appreciation be extended to those adults who donate time and energy to the programs; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys State and Girls State.
      Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:46 p.m. the House adjourned.

Karen Gerdes, Chief Clerk