JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 28, 2008

     The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Father Bob Lacey, followed by the Pledge of Allegiance led by House page Megan Foreman.

     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 thirty-second day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Thomas J. Deadrick, Chair

     Which motion prevailed.
COMMUNICATIONS AND PETITIONS

February 27, 2008

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 27, 2008, I approved House Bills 1136, 1143, 1146, 1148, 1157, 1163, 1164, 1168, 1173, 1178, 1179, 1198, 1201, 1210, 1212, 1213, 1239, 1241, 1274, 1277, 1290, and 1318, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1085 which has passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1047, 1069, 1076, 1087, 1124, 1226, 1227, and 1300 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 27, 54, 123, 126, 134, 143, 186, and 190.

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 1100.


Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 172 and has appointed Sens. Abdallah, Apa, and Heidepriem 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.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 187 and has appointed Sens. Knudson, Gray, and Heidepriem 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.

Respectfully,
Trudy Evenstad, Secretary

ANNOUNCEMENTS

     The Speaker appointed Reps. Rhoden, Deadrick, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 187.

     The Speaker appointed Reps. Krebs, Carson, and Street as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 172.

MOTIONS AND RESOLUTIONS

     Rep. Hargens moved 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 on HB 1293.

     Which motion prevailed and the Speaker reappointed as such committee Reps. Brunner, Hargens, and Howie.

     Rep. Cutler moved that the House do concur in Senate amendments to HB 1061.

     Rep. Engels moved as a substitute motion that the House do not concur in Senate amendments to HB 1061 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 lost.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1061.

     And the roll being called:

     Yeas 49, Nays 18, Excused 3, Absent 0

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

     Nays:
Ahlers; Bradford; Burg; Carson; Dennert; Elliott; Engels; Feinstein; Gassman; Glenski; Halverson; Hargens; Lucas; Miles; Nygaard; Sigdestad; Street; Thompson

     Excused:
Moore; Pitts; Van Norman

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

     Rep. Rhoden moved that the House do not concur in Senate amendments to HB 1120 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. Dykstra, Rave, and Gillespie.

     Rep. Cutler moved that the House do concur in Senate amendments to HB 1132.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1132.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Moore; Pitts; Van Norman

     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. Gillespie moved that the House do not concur in Senate amendments to HB 1248 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Brunner, Gillespie, and Vanneman.

     Rep. Brunner moved that the House do concur in Senate amendments to HB 1283.

     The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1283.

     And the roll being called:

     Yeas 54, Nays 13, Excused 3, Absent 0

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

     Nays:
Bradford; Burg; Dykstra; Elliott; Engels; Feinstein; Gassman; Glenski; Lucas; Miles; Sigdestad; Thompson; Vehle

     Excused:
Moore; Pitts; Van Norman



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

     Rep. Rhoden moved that the House do concur in Senate amendments to HB 1320.

     The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1320.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Moore; Pitts; Van Norman

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Putnam moved that the report of the Conference Committee on HB 1080 as found on page 770 of the House Journal be adopted.

     The question being on Rep. Putnam's motion that the report of the Conference Committee on HB 1080 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Moore; Pitts; Van Norman

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

     Rep. Tidemann moved that the report of the Conference Committee on HB 1083 as found on page 770 of the House Journal be adopted.

     The question being on Rep. Tidemann's motion that the report of the Conference Committee on HB 1083 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; 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; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Moore; Pitts; Van Norman

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

     Rep. Rhoden moved that the House do now recess until 1:00 p.m., which motion prevailed and at 11:10 a.m., the House recessed.


RECESS

     The House reconvened at 1:00 p.m., the Speaker Pro tempore presiding.

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

Cc1100A

MR. SPEAKER

     The Conference Committee respectfully reports that it has considered HB 1100 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1100 be amended as follows:

1100ja

     On page 2, line 2, of the Senate Judiciary Committee engrossed bill, delete "the arrest" and insert "any arrest report".

     On page 2, delete lines 3 and 4, and insert "of a parent following the response of law enforcement to a report of domestic abuse as defined in subdivision 25-10-1(1).".

Respectfully submitted,                            Respectfully submitted,
Mike Vehle        Tom Hansen
House Committee Chair    Senate Committee Chair

Cc1099A

Also MR. SPEAKER

     The Conference Committee respectfully reports that it has considered HB 1099 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                            Respectfully submitted,
Mike Vehle    Tom Hansen
House Committee Chair    Senate Committee Chair


Cc1294A

Also MR. SPEAKER

     The Conference Committee respectfully reports that it has considered HB 1294 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do not concur with the Senate amendments and do not appoint a new committee.

Respectfully submitted,                            Respectfully submitted,
Bob Faehn    Bob Gray
House Committee Chair    Senate Committee Chair

Cc176A

Also MR. SPEAKER

     The Conference Committee respectfully reports that it has considered SB 176 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 176 be amended as follows:

176ab

     On page 2, line 2, of the House engrossed bill, delete "ninety-nine thousand nine hundred ninety-" and insert "one million six hundred thousand".

     On page 2, line 3, delete "nine".

     On page 2, line 4, delete "one dollar" and insert "one million three hundred forty-eight thousand dollars ($ 1,348,000 )".

     On page 2, line 5, delete "($1)".

     On page 2, between lines 6 and 7, insert:

"      Section 3. There is hereby appropriated from the general fund the sum of two hundred fifty- two thousand dollars ($ 252,000 ), or so much thereof as may be necessary, to the Legislative Research Council to complete renovation, construction, and completion of the facilities described in section 1 of this Act.".


Respectfully submitted,                            Respectfully submitted,
Larry Tidemann    Jean Hunhoff
House Committee Chair    Senate Committee Chair



MESSAGES FROM THE SENATE
(continued)

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 201.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. McNenny, Lintz, and Peterson 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 1120.

Respectfully,
Trudy Evenstad, Secretary

     Rep. Dykstra moved that the House do now recess until 2:30 p.m., which motion prevailed and at 1:10 p.m., the House recessed.

RECESS

     The House reconvened at 2:30 p.m., the Speaker presiding.

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES
(continued)

Cc1037B

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:



1037je

     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 record and report relevant to the employee's claim for workers' compensation. If the employee objects to the relevance of any medical record or report, an administrative law judge within the department shall, upon a showing of good cause for the release of such record or report, approve the release of the medical record or report 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 J. "Mac" McCracken
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE SENATE
(continued)

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1080 and 1083.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Napoli, and Gary Hanson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1248.

Respectfully,
Trudy Evenstad, Secretary


MOTIONS AND RESOLUTIONS
(continued)

     Rep. Heineman moved that the House do not concur in Senate amendments to HB 1047 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. Heineman, Buckingham, and Halverson.

     Rep. Brunner moved that the House do not concur in Senate amendments to HB 1069 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. Pitts, Vehle, and Sigdestad.

     Rep. Tidemann moved that the House do not concur in Senate amendments to HB 1076 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.

     Rep. Gillespie moved as a substitute motion that the House do concur in Senate amendments to HB 1076.

     The question being on Rep. Gillespie's substitute motion that the House do concur in Senate amendments to HB 1076.

     And the roll being called:

     Yeas 33, Nays 36, Excused 1, Absent 0

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

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


     Excused:
Wick

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

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     Rep. Tidemann's motion prevailed and the Speaker appointed as such committee Reps. Putnam, Turbiville, and Gillespie.

     Rep. Tidemann moved that the House do not concur in Senate amendments to HB 1087 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. Tidemann, Noem, and Glenski.

     Rep. Rhoden moved that the House do not concur in Senate amendments to HB 1124 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. Rhoden, Deadrick, and Hargens.

     Rep. Dykstra moved that the consideration of amendments to HB 1226 be placed to follow HB 1300 on today's calendar.

     Which motion prevailed.

     Rep. Dykstra moved that the consideration of amendments to HB 1227 be placed to follow HB 1226 on today's calendar.

     Which motion prevailed.

     Rep. Heineman moved that the House do not concur in Senate amendments to HB 1300 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. Rhoden, Deadrick, and Hargens.

     Rep. Rhoden moved that the House do now recess until 5:30 p.m., which motion prevailed and at 3:17 p.m., the House recessed.

RECESS

     The House reconvened at 5:30 p.m., the Speaker presiding.

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES
(continued)

Cc1248A

MR. SPEAKER

     The Conference Committee respectfully reports that it has considered HB 1248 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,    Respectfully submitted,
Thomas Brunner    Brock Greenfield
House Committee Chair    Senate Committee Chair

Cc1293B

Also 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 the House do not concur with the Senate amendments to HB 1293 and do not appoint a new committee.

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



MESSAGES FROM THE SENATE
(continued)

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has not adopted the reports of the Conference Committees on HB 1293 and 1294 and has not appointed new committees.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 176.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1099, 1100, and 1037.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Garnos, Duenwald, and Koetzle 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 1047.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. McNenny, Tom Hansen, 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 1069.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Albers, McCracken, and Nesselhuf 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 1076.


Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Apa, Hunhoff, and Maher 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 1087.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Knudson, Gray, and Heidepriem 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 1124.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Knudson, Gray, and Heidepriem 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 1300.

Respectfully,
Trudy Evenstad, Secretary

     Rep. Rave moved that the House do now recess until 9:30 p.m., which motion prevailed and at 5:33 p.m., the House recessed.

RECESS

     The House reconvened at 9:30 p.m., the Speaker presiding.

     There being no objection, the House reverted to Order of Business No. 6.


REPORTS OF CONFERENCE COMMITTEES
(continued)

Cc1069A

MR. SPEAKER

     The Conference Committee respectfully reports that it has considered HB 1069 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all House and Senate amendments be deleted, thus restoring the bill to its printed version.

Respectfully submitted,    Respectfully submitted,
Carol Pitts    Kenneth McNenny
House Committee Chair    Senate Committee Chair

Cc1087A

Also MR. SPEAKER

     The Conference Committee respectfully reports that it has considered HB 1087 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1087 be amended as follows:

1087ag


     On page 3, line 1, of the Senate engrossed bill, delete "311,073,555" and insert "311,197,590".

Respectfully submitted,    Respectfully submitted,
Larry Tidemann    Jerry Apa
House Committee Chair    Senate Committee Chair

Cc1047A

Also MR. SPEAKER

     The Conference Committee respectfully reports that it has considered HB 1047 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1047 be amended as follows:


1047cg

     On page 1, line 3, of the Senate engrossed bill, delete "one dollar ($1)" and insert "two million twenty-five thousand dollars ($2,025,000)".

Respectfully submitted,    Respectfully submitted,
Phyllis Heineman    Cooper Garnos
House Committee Chair    Senate Committee Chair

Cc172A

Also MR. SPEAKER

     The Conference Committee respectfully reports that it has considered SB 172 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 172 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Shantel Krebs    Gene Abdallah
House Committee Chair    Senate Committee Chair

MOTIONS AND RESOLUTIONS
(continued)

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 8:00 a.m. on Friday, February 29th, the 34th legislative day.

     Which motion prevailed.

     Rep. Rhoden moved that the consideration of amendments to HB 1226 and 1227 and the consideration of reports of Conference Committees on HB 1100, 1099, 1294, 1037, 1293, 1248, and SB 176 be deferred to Friday, February 29th, the 34th legislative day.

     Which motion prevailed.


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1016, 1061, 1080, 1083, 1085, 1107, 1132, 1224, 1283, and 1320 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1064, 1271, 1302, 1313, and 1314 were delivered to his Excellency, the Governor, for his approval at 3:28 p.m., February 27, 2008.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1149, 1162, 1233, 1242, 1251, 1263, and 1265 were delivered to his Excellency, the Governor, for his approval at 1:40 p.m., February 28, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1016: FOR AN ACT ENTITLED, An Act to  establish a new system of funding for the postsecondary technical institutes.

     HB 1061: FOR AN ACT ENTITLED, An Act to  revise the penalty for the distribution or possession with intent to distribute marijuana to a minor.

     HB 1080: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a student athlete development center on the campus of South Dakota State University and to make an appropriation therefor.

     HB 1083: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a new public restroom facility at McCrory Gardens on the campus of South Dakota State University and to make an appropriation therefor.


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

     HB 1107: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

     HB 1132: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the circumstances under which children may be held in temporary custody.

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

     HB 1283: FOR AN ACT ENTITLED, An Act to  revise on-sale alcoholic beverage license fees for certain municipalities and to declare an emergency.

     HB 1320: FOR AN ACT ENTITLED, An Act to  provide tax incentives for certain wind energy facilities and energy transmission equipment.

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

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

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

     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.

     SB 112: FOR AN ACT ENTITLED, An Act to  revise eligibility requirements for continuation of health care coverage.

     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.

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

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

     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.


     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.

     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.

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

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

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

     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.

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

     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.

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

     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.

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

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

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 9:45 p.m. the House adjourned.

Karen Gerdes, Chief Clerk