JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 26, 2008

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Caitlin Howard and Emma Schaunaman.

     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 thirtieth 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 CONFERENCE COMMITTEES

Cc1293

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1293 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Agriculture and Natural Resources Committee engrossed version.

Respectfully submitted,                             Respectfully submitted,
Thomas Brunner                                    Jim Lintz
House Committee Chair                            Senate Committee Chair

Cc1037

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1037 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1037 be amended as follows:

1037jd

     On page 2, after line 5 of the Senate Commerce Committee engrossed bill, insert:

"      Section 3. That chapter 62-4 be amended by adding thereto a NEW SECTION to read as follows:

     Upon the request of an employer, an employee subject to this title shall supply a signed medical release to allow copying of any medical records and reports relevant to the employee's claim for workers' compensation. If the employee objects to the release of the medical records, the department shall, upon a showing of good cause for the release of such records, approve the release of the medical records relevant to the employee's claim to the employer. The employer shall, upon request, provide a copy of all medical records and reports received to the employee, without cost to the employee.".

1037stb

     On page 1, line 1, of the Senate Commerce Committee engrossed bill, delete "action on".

Respectfully submitted,     Respectfully submitted,
Tim Rounds                Royal "Mac" McCracken
House Committee Chair            Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1271, 1302, 1313, and 1314 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1016, 1100, and 1107 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 1006 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Vehle moved that the House do not concur in Senate amendments to HB 1099 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. Vehle, Cutler, and Engels.

     Rep. David Novstrup moved that the House do concur in Senate amendments to HB 1149.

     The question being on Rep. David Novstrup's motion that the House do concur in Senate amendments to HB 1149.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); 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; Peters

     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. Cutler moved that the House do concur in Senate amendments to HB 1162.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1162.

     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 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.

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

     Rep. Brunner moved that SCR 13 as found on pages 528 and 529 of the Senate Journal be concurred in.


     The question being on Rep. Brunner's motion that SCR 13 be concurred in.

     And the roll being called:

     Yeas 56, Nays 13, Excused 1, Absent 0

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

     Nays:
Ahlers; Feinstein; Gosch; Heineman; Hills; Lucas; Nygaard; Olson (Ryan); Pederson (Gordon); Street; Thompson; Van Norman; Vehle

     Excused:
Dykstra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 13 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on SB 126 as found on pages 712 to 714 of the House Journal ; also

     Commerce on SB 143 as found on pages 714 and 715 of the House Journal ; also

     Commerce on SB 123 as found on pages 715 and 716 of the House Journal ; also

     Appropriations on SB 172 as found on page 716 of the House Journal ; also

     State Affairs on SB 187 as found on pages 716 and 717 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

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

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

     The question being "Shall SB 4 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, 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; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Lucas

     Excused:
Peters; 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 123: FOR AN ACT ENTITLED, An Act to provide for certain requirements for the sale and purchase of nonferrous metal property.

     Was read the second time.

     The question being "Shall SB 123 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Rep. Lust moved that SB 126 be placed to follow SB 187 on today's calendar.

     Which motion prevailed.

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

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

186rb

     Rep. Cutler moved that SB 186 be amended as follows:

     On page 1, line 13, of the Senate State Affairs Committee engrossed bill, delete everything after "." and insert "The custodian of the record may then provide the requestor with the document or record upon payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or other fee established by statute or administrative rule.".

     On page 1, delete line 14.

     On page 2, delete line 1.

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

     On page 2, line 4, after "." insert "If any records are required or permitted to be made public upon request and no other rate is prescribed for reproduction or retrieval of such records, the Bureau of Administration shall establish, by rules promulgated pursuant to chapter 1-26, the maximum rate, or the formula for calculating rates, for reproduction and retrieval. ".
     On page 5, line 5, after "." insert "In any action or proceeding under this Act, no document or record may be publicly released until a final decision or judgment is entered ordering its release.".

     Which motion prevailed.

     The question being "Shall SB 186 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; 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; Willadsen; Speaker Deadrick

     Nays:
Van Norman

     Excused:
Wick

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

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

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

174jf

     Rep. Brunner moved that SB 174 be amended as follows:

     On page 3, after line 17 of the Senate engrossed bill, insert:

"
     Section 4. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:


     If the Governor or the commission grants the application pursuant to §  49-16A-75, the authority granted is effective for thirty-six months after the date of the final decision, or, if an appeal is taken from the final decision, for twelve months after the completion of an appeal process upholding the Governor's or commission's final decision, whichever is later. If the applicant fails to commence all necessary condemnation proceedings within thirty-six months, then, upon a showing of good cause by the applicant, the Governor or commission may extend the applicant's eminent domain authority for up to one hundred eighty days.".

     A roll call vote was requested and supported.

     The question being on Rep. Brunner's motion that SB 174 be amended.

     And the roll being called:

     Yeas 18, Nays 52, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Buckingham; DeVries; Engels; Gassman; Gosch; Howie; Jerke; Kirkeby; Lucas; Nygaard; Olson (Betty); Olson (Ryan); Rhoden; Sigdestad; Van Norman

     Nays:
Boomgarden; Burg; Carson; Cutler; Davis; Dennert; Dreyer; Dykstra; Elliott; Faehn; Feinstein; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Juhnke; Koistinen; Krebs; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rounds; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

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

174ra

     Rep. Bradford moved that SB 174 be amended as follows:

     On page 3, after line 17 of the Senate engrossed bill, insert:

"
     Section 4. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as follows:

     Whenever a railroad, by exercising eminent domain pursuant to this chapter, causes an existing farm or ranch to be divided by rail into two parcels, each of which comprises at least five hundred acres, the railroad shall, upon written request of the landowner, provide an underpass to provide access for livestock between the two parcels.".
     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Bradford's motion that SB 174 be amended.

     And the roll being called:

     Yeas 27, Nays 43, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Buckingham; DeVries; Elliott; Engels; Feinstein; Gassman; Gilson; Hackl; Halverson; Hills; Howie; Jerke; Kirkeby; Lucas; Miles; Moore; Nelson; Novstrup (Al); Nygaard; Olson (Betty); Rhoden; Sigdestad; Thompson; Van Norman

     Nays:
Boomgarden; Burg; Carson; Cutler; Davis; Dennert; Dreyer; Dykstra; Faehn; Gillespie; Glenski; Gosch; Hargens; Haverly; Heineman; Hunt; Juhnke; Koistinen; Krebs; Lust; McLaughlin; Noem; Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rounds; Steele; Street; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

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

     The question being "Shall SB 174 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 16, Excused 0, Absent 0

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

     Nays:
Ahlers; Bradford; Brunner; DeVries; Gassman; Gillespie; Gosch; Howie; Jerke; Kirkeby; Lucas; Nygaard; Olson (Betty); Rhoden; Sigdestad; 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 134: FOR AN ACT ENTITLED, An Act to increase the pesticide registration fee, to revise its allocation, to revise certain related provisions, and to declare an emergency.

     Was read the second time.

134tc

     Rep. Juhnke moved that SB 134 be amended as follows:

     On page 2, line 7, of the House Agriculture and Natural Resources Committee engrossed bill, delete " three hundred " and insert " three hundred forty ".

     On page 2, delete line 8.

     On page 3, line 4, delete " Sixty-seven dollars and fifty cents " and insert " One hundred seven dollars and fifty cents ".

     On page 3, line 5, after "38-22-35" insert " . Beginning July 1, 2010, one hundred sixty- seven dollars and fifty cents shall be deposited in the weed and pest fund ".

     Which motion lost.

134td

     Rep. Hargens moved that SB 134 be amended as follows:

     On page 2 of the House Agriculture and Natural Resources Committee engrossed bill, delete line 8.

     On page 3, line 5, after "38-22-35" insert " . Beginning July 1, 2010, one hundred twenty- seven dollars and fifty cents shall be deposited in the weed and pest fund ".

     Which motion lost.

     The question being "Shall SB 134 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; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; 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

     Nays:
Glenski; Hunt

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

     Was read the second time.

     Rep. Rhoden moved that SB 115 be laid on the table.

     The question being on Rep. Rhoden's motion that SB 115 be laid on the table.

     And the roll being called:

     Yeas 52, Nays 17, Excused 1, Absent 0

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

     Nays:
Ahlers; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Halverson; Koistinen; Lucas; Moore; Nygaard; Sigdestad; Street; Thompson; Tidemann; Van Norman

     Excused:
Gillespie

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 115 was tabled.

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

     Was read the second time.

     The question being "Shall SB 201 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 13, Excused 1, Absent 0

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

     Nays:
Bradford; Burg; Elliott; Engels; Gillespie; Glenski; Halverson; Hargens; Kirkeby; Miles; Noem; Street; Van Norman

     Excused:
Putnam

     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 182: FOR AN ACT ENTITLED, An Act to expand the disclosure of inpatient hospital charges and to provide for the development of a system for the disclosure of charges for outpatient procedures.

     Was read the second time.

     The question being "Shall SB 182 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Ahlers; 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; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Carson; McLaughlin; Van Etten

     Excused:
Putnam

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

     Was read the second time.

     The question being "Shall SB 116 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 16, Excused 1, Absent 0

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

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

     Excused:
Putnam

     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.


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

     Was read the second time.

     The question being "Shall SJR 1 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 14, Excused 1, Absent 0

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

     Nays:
Bradford; Carson; Glenski; Gosch; Howie; Jerke; Kirkeby; Lust; Nygaard; Pitts; Van Norman; Weems; Wick; Willadsen

     Excused:
Gillespie

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

    Speaker Pro tempore Rave now presiding.

     SB 27: FOR AN ACT ENTITLED, An Act to revise the state requirement for inspection of school food service programs.

     Was read the second time.

     The question being "Shall SB 27 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

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

     Nays:
Buckingham

     Excused:
Gillespie; 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 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the duties and reporting requirements for the South Dakota Energy Infrastructure Authority.

     Was read the second time.

     The question being "Shall SB 54 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

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

     Nays:
Vehle

     Excused:
Gillespie; 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.

    Speaker Deadrick now presiding.

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

     Was read the second time.

     The question being "Shall SB 190 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Dennert; DeVries; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; McLaughlin; Miles; Moore; Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Pitts; Putnam; Rave; Rhoden; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Norman; Vehle; Wick; Speaker Deadrick

     Nays:
Cutler; Davis; Dreyer; Gosch; Hackl; Haverly; Heineman; Lust; Noem; Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rounds; Van Etten; Vanneman; Weems; Willadsen

     Excused:
Gilson

     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 161: FOR AN ACT ENTITLED, An Act to create the South Dakota Boxing Commission and to provide for the supervision of boxing and kickboxing competitions and sparring exhibitions in the state.

     Was read the second time.

     Rep. Brunner moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 161 pass as amended?"

     And the roll being called:

     Yeas 40, Nays 30, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Davis; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gilson; Gosch; Hackl; Halverson; Hargens; Heineman; Hills; Howie; Juhnke; Kirkeby; Krebs; Lucas; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pitts; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Turbiville; Van Norman

     Nays:
Buckingham; Burg; Carson; Cutler; Dennert; DeVries; Gillespie; Glenski; Haverly; Hunt; Jerke; Koistinen; Lust; McLaughlin; Miles; Moore; Nelson; Novstrup (Al); Pederson (Gordon); Peters; Putnam; Rausch; Tidemann; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

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

     SB 153: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter the Midwestern Regional Higher Education Compact and the Western Regional Education Compact, and to provide for the appointment of resident members to both commissions.

     Was read the second time.

     The question being "Shall SB 153 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent 0

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

     Nays:
Brunner; Glenski; Halverson; Hargens; Krebs; Miles; Moore; Pederson (Gordon); Peters; Van Etten; Wick

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

     Was read the second time.

     The question being "Shall SB 143 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

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

     Nays:
Gosch; Olson (Ryan)

     Excused:
Gillespie; Wick

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

     SB 172: FOR AN ACT ENTITLED, An Act to appropriate money to the Department of Public Safety to fund the South Dakota Highway Patrol.

     Was read the second time.

     The question being "Shall SB 172 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

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

     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 187: FOR AN ACT ENTITLED, An Act to enhance education in South Dakota.

     Was read the second time.

     The question being "Shall SB 187 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 13, Excused 1, Absent 0

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

     Nays:
Burg; Dennert; Elliott; Glenski; Halverson; Hargens; Lucas; Miles; Pederson (Gordon); Sigdestad; Street; Thompson; Van Norman

     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 126: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue additional on-sale alcoholic beverage licenses.

     Was read the second time.

126fo

     Rep. Lust moved that SB 126 be amended as follows:

     On page 2, line 8, of the House Commerce Committee engrossed bill, delete "fifty" and insert "forty".

     On page 2, line 19, delete "fifty" and insert "forty".

126fs

     Rep. Rhoden moved as a substitute motion that SB 126 be amended as follows:

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

     "      Section 1. In addition to the number of on-sale licenses that may be issued pursuant to §  35-4-11, a municipality may, by ordinance, issue additional on-sale licenses for full-service restaurants.

     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. 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 seventy percent or more of gross sales from the preceding twelve months operation of the full-service restaurant is derived from the sale of prepared food and nonalcoholic 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. No full-service restaurant on-sale licensee may allow smoking on the premises. 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.

     Section 6. The provisions of §  35-4-81 apply to each full-service restaurant on-sale licensee, except that no licensee may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of eleven p.m. and eleven a.m.

     Section 7. Any municipality adopting the ordinance pursuant to section 1 of this Act may issue additional on-sale licenses to full-service restaurants. The license fee for a full-service restaurant on-sale license issued by a municipality with a population that is:

             (1)    Sixty thousand or more, may not be less than two hundred thousand dollars;

             (2)    Twenty thousand or more but less than sixty thousand, may not be less than one hundred thousand dollars;

             (3)    Five thousand or more but less than twenty thousand, may not be less than seventy-five thousand dollars; and

             (4)    Less than five thousand, may not be less than twenty-five thousand dollars

     Each municipality shall set the full-service restaurant on-sale license fee within ninety days of adopting the ordinance pursuant to section 1 of this Act or within thirty days after the resolution of any appeal pursuant to section 8 of this Act. After the fee for a full-service restaurant on-sale license issued pursuant to this Act has been determined, no municipality may change the fee for a period of ten years unless a growth in population reported by the federal decennial census requires an increase in the fee.
     Section 8. Each licensee who owns an on-sale license issued pursuant to subdivision 35-4- 2(4) as of January 1, 2008, and who purchased the license or had the license transferred to such licensee at any time between January 1, 2003, and January 1, 2008, shall report the amount originally paid for the on-sale license to the municipality that issued the license. The declared purchase price shall be made under oath and shall include the documents establishing the amount paid for the on-sale license to the municipality that issued the license. If the transaction for the purchase of the on-sale license included real or personal property, the full market value of the real or personal property on the date of the original sale shall be deducted from the total transaction price to determine the amount paid by the licensee for the on-sale license. The burden of establishing the amount paid for the license shall be on the licensee. Any licensee contesting the fair market value of the real and personal property may appeal the valuation to circuit court.

     Section 9. Any municipality adopting the ordinance pursuant to section 1 of this Act shall set the price of a new full-service restaurant on-sale license, pursuant to section 7 of this Act, at or above the current fair market value. 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) and section 7 of this Act. For purposes of this section, the term, current fair market value, means the documented price of the on-sale license most recently sold between January 1, 2003, and January 1, 2008, through an arm's-length transaction, less the value of any real or personal property included in the transaction. Each on-sale license holder as of January 1, 2008, who acquired the on-sale license within the last five years shall report to the municipality the date and price paid for its on-sale license.

     Section 10. Each municipality adopting an ordinance pursuant to section 1 of this Act shall maintain a registry of each on-sale license that is being offered for sale at the price established in section 9 of this Act and furnish a copy of the registry to anyone who requests a new full- service restaurant on-sale license. The municipality may only issue a new license pursuant to this Act if no on-sale license is on the registry or a person desiring to purchase an on-sale license listed on the registry provides documentation showing that the person is unable to purchase the on-sale license at the price established in section 9 of this Act and on terms satisfactory to both the potential buyer and seller. The price of any on-sale license registered as, for sale, with the municipality shall be sold at the current fair market price set by the municipality pursuant to section 9 of this Act. Nothing in this Act precludes the sale of an on-sale license by a licensee not listed on the registry.

     Section 11. The existing on-sale license holder is responsible for registering with the municipality that the on-sale license is for sale pursuant to section 10 of this Act."


     Rep. Krebs moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.


     The question being on Rep. Rhoden's substitute motion that SB 126 be amended.

     And the roll being called:

     Yeas 32, Nays 38, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Burg; Carson; Davis; Dennert; Faehn; Feinstein; Gassman; Gillespie; Glenski; Hargens; Hills; Hunt; Jerke; Kirkeby; Koistinen; Miles; Moore; Nelson; Noem; Olson (Russell); Putnam; Rave; Rhoden; Sigdestad; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems

     Nays:
Ahlers; Bradford; Buckingham; Cutler; DeVries; Dreyer; Dykstra; Elliott; Engels; Gilson; Gosch; Hackl; Halverson; Haverly; Heineman; Howie; Juhnke; Krebs; Lucas; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rounds; Steele; Street; Thompson; Tidemann; Wick; Willadsen; Speaker Deadrick

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

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     Rep. Lust's motion prevailed.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 126 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 25, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Cutler; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Feinstein; Gilson; Glenski; Gosch; Hackl; Halverson; Haverly; Heineman; Howie; Juhnke; Krebs; Lucas; Lust; McLaughlin; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave; Rounds; Steele; Street; Thompson; Tidemann; Turbiville; Wick; Willadsen; Speaker Deadrick


     Nays:
Burg; Carson; Davis; Faehn; Gassman; Gillespie; Hargens; Hills; Hunt; Jerke; Kirkeby; Koistinen; Miles; Moore; Nelson; Noem; Olson (Russell); Putnam; Rhoden; Sigdestad; Van Etten; Van Norman; Vanneman; Vehle; Weems

     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.

     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 concurred in House amendments to SB 112.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Tom Hansen, Albers, and Turbak Berry as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1099.

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 1064, 1271, 1302, 1313, and 1314 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1228 was delivered to his Excellency, the Governor, for his approval at 3:01 p.m., February 26, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1064: FOR AN ACT ENTITLED, An Act to  revise the crime of aggravated incest.

     HB 1271: FOR AN ACT ENTITLED, An Act to  abolish the doctrine of abatement ab initio of a criminal proceeding and to provide for the posthumous sentencing of certain criminal defendants.

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

     HB 1313: FOR AN ACT ENTITLED, An Act to  prohibit the use of certain electronic communication devices to communicate threats and harassment and to provide a penalty therefor.

     HB 1314: FOR AN ACT ENTITLED, An Act to  authorize the Department of Game, Fish and Parks to sell and convey real and personal property located at the Spring Creek Recreation Area and to declare an emergency.

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

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

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

     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.

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

     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.

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

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

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

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

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

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

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1023  Introduced by:  Representatives Thompson, Ahlers, Bradford, Burg, Cutler, Deadrick, Dennert, Elliott, Engels, Feinstein, Gassman, Gillespie, Glenski, Halverson, Hargens, Heineman, Hunt, Koistinen, Lucas, McLaughlin, Miles, Moore, Nygaard, Peters, Sigdestad, Steele, Van Norman, Weems, Wick, and Willadsen and Senators Abdallah, Dempster, Gant, Garnos, Greenfield, Heidepriem, Hunhoff, Jerstad, Kloucek, Knudson, Koetzle, and Olson (Ed)

         A LEGISLATIVE COMMEMORATION,  Honoring the 2007 University of Sioux Falls Football Team and the students and staff involved in the football program.

     WHEREAS,  the University of Sioux Falls Football Team has represented Sioux Falls in back-to-back national championship games; and

     WHEREAS,  the University of Sioux Falls Football Team has totaled a record of 27-0 during the past two regular seasons before falling in the national championship game 17-9 to bring its record over two years to 27-1; and

     WHEREAS,  the 2007 University of Sioux Falls Football Team traveled to the NAIA National Football Championship at Jim Carroll Stadium in Savannah, Tennessee, for the second year in a row, by dedication, true sportsmanship, commitment, and perseverance; and
     WHEREAS,  Chad Cavender was named Rawlings NAIA Player of the Year for his efforts in the 2007 season; and

     WHEREAS,  the University of Sioux Falls Cougars received superior coaching and outstanding leadership guidance from head coach Kalen DeBoer, who has built an overall record of 38-3 in just three seasons, along with assistant coaches Chuck Morrell, Jon Anderson, Kurtiss Riggs, Nate Moser, Al Christensen, Jeff Fitzgerald, Ryan Grubb, and Al Hansen:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the University of Sioux Falls Football Team be commended for its excellence in athletics for the 2007 school year.

     HC 1024  Introduced by:  Representatives Pitts, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Burg, Carson, Cutler, Davis, Dennert, DeVries, Dreyer, Dykstra, Elliott, Engels, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Gosch, 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, Putnam, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vanneman, Weems, Wick, and Willadsen and Senators Smidt (Orville), Abdallah, Bartling, Dempster, Duenwald, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Koetzle, Lintz, Maher, McNenny, Nesselhuf, and Sutton

         A LEGISLATIVE COMMEMORATION,  Honoring Toby Flint of Brookings as a recipient of a 2008 Prudential Spirit of Community Award.

     WHEREAS,  Toby Flint, an esteemed resident of Brookings and a student at Brookings High School, has achieved national recognition for exemplary volunteer service by receiving a 2008 Prudential Spirit of Community Award; and

     WHEREAS,  This prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Toby Flint earned this award by giving generously of his time and energy to design and build a picnic and park area at a local park; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Toby Flint who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Legislature congratulates and honors Toby Flint as a recipient of a Prudential Spirit of Community Award, recognizes his outstanding record of volunteer

service, peer leadership, and community spirit, and extends best wishes for his continued success and happiness.

     HC 1025  Introduced by:  Representatives Weems, Cutler, Engels, Glenski, Heineman, Hunt, Krebs, Miles, Peters, Steele, Thompson, Wick, and Willadsen and Senators Gant, Abdallah, Dempster, Heidepriem, Jerstad, and Knudson

         A LEGISLATIVE COMMEMORATION,  Recognizing and congratulating the 2007 Sioux Falls Roosevelt Rough Riders Football Team for winning the State Class 11AA Football Championship.

     WHEREAS,  Sioux Falls Roosevelt compiled a 7-2 record in the regular season and an 11-2 record overall and made it to the championship game by defeating a determined team; and

     WHEREAS,  winning a championship game in the State of South Dakota shows character, determination, commitment, and an understanding of what sportsmanship is; and

     WHEREAS,  David Sturdevant won the Jack Robbie Most Valuable Player Award; and

     WHEREAS,  Sioux Falls Roosevelt had five players on the State Class 11AA All-State Football Team along with two honorable mention players:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Sioux Falls Roosevelt High School Rough Riders football program, coaches, staff, and players, be congratulated and commended for their 2007 State Class 11AA Football Championship.

     HC 1026  Introduced by:  Representatives Davis and Hackl and Senator Duenwald

         A LEGISLATIVE COMMEMORATION,  Honoring Abby Ottenbacher as a 2008 Prudential Spirit of Community Award recipient.

     WHEREAS,  Abby Ottenbacher, an esteemed resident of Eureka, and a student at Eureka Junior High School, has achieved national recognition for exemplary volunteer service by receiving a 2008 Prudential Spirit of Community Award; and

     WHEREAS,  this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated extraordinary commitment to serving their communities; and

     WHEREAS,  Abby Ottenbacher earned this award by giving generously of her time and energy to raise $2,300 for the American Cancer Society and by donating her hair to Locks of Love; and
     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Abby Ottenbacher who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Legislature hereby congratulates and honors Abby Ottenbacher as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership and community spirit, and extends best wishes for her continued success and happiness.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 6:16 p.m. the House adjourned.

Karen Gerdes, Chief Clerk