JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




THIRTY-FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 1, 2007

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

     The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by House pages Alison Park and Ann Ziegler.

     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-fourth 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


March 1, 2007

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 28, 2007, I approved House Bills 1016, 1017, 1018, 1022, 1031, 1064, 1065, 1076, 1077, 1100, 1117, 1119, 1129, 1150, 1158, 1172, 1179, 1180, 1225, 1236, 1245, 1265, 1277, and 1285, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  166, which was removed from the table, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 115, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

115cb
     On page 2, after line 4 of the printed bill, insert:

"

     Any rules promulgated to establish standards for the classification and accreditation of pre- kindergarten programs shall ensure that any child under the minimum age for kindergarten pursuant to § 13-28-2 is not required to attend a pre-kindergarten program. In addition, any such rules shall ensure that any school district that receives foundation program state aid for pre- kindergarten programs shall collaborate with any provider that volunteers to participate, that operates within the boundaries of the school district, and that meets the accreditation standards for pre-kindergarten. "

     And that as so amended said bill do NOT pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

REPORTS OF CONFERENCE COMMITTEES


Cc1286A
MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1286 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,
Mike Vehle                            Ed Olson
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE



MR. SPEAKER:

    I have the honor to return herewith HB 1113, 1126, 1132, and 1290 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1041, 1063, 1155, 1176, and 1249 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that the House do concur in Senate amendments to HB 1139.

     The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1139.

     And the roll being called:



     Yeas 53, Nays 15, Excused 2, Absent 0

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

     Nays:
Burg; Elliott; Engels; Feinstein; Gillespie; Halverson; Hargens; Lucas; Miles; Moore; Nygaard; Sigdestad; Street; Thompson; Van Norman

     Excused:
Jerke; Rausch

     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 9:   A CONCURRENT RESOLUTION,   Requesting the United States Forest Service to maintain and improve soil and vegetative cover throughout the National Grasslands located in the State of South Dakota by allowing the use of rodenticides for the management of the prairie dog population prior to reduction of other currently existing multiple uses of the National Grasslands.

     Rep. DeVries moved that SCR 9 as found on page 636 of the Senate Journal be concurred in.

     The question being on Rep. DeVries' motion that SCR 9 be concurred in.

     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; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; 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; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Hackl; Jerke; Rausch



     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 9 was concurred in.

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

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

     And the roll being called:

     Yeas 61, Nays 7, Excused 2, Absent 0

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

     Nays:
Brunner; Davis; DeVries; Jerke; Koistinen; Noem; Olson (Betty)

     Excused:
Hackl; Rausch

     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. Juhnke moved that the House do concur in Senate amendments to HB 1251.

     The question being on Rep. Juhnke's motion that the House do concur in Senate amendments to HB 1251.

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0


     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Gassman; Peters; Van Norman

     Excused:
Rausch

     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. Brunner moved that the House do concur in Senate amendments to HB 1266.

     The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1266.

     And the roll being called:

     Yeas 49, Nays 20, Excused 1, Absent 0

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

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Carson; Elliott; Engels; Feinstein; Gassman; Halverson; Hargens; Lucas; McLaughlin; Miles; Moore; Nygaard; Sigdestad; Vanneman; Vehle; Willadsen

     Excused:
Rausch

     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. Vehle moved that the House do concur in Senate amendments to HB 1302.

     The question being on Rep. Vehle's motion that the House do concur in Senate amendments to HB 1302.

     And the roll being called:

     Yeas 63, Nays 7, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Bradford; Davis; Elliott; Gassman; Hills; Sigdestad; 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.

     HCR 1009   Introduced by:  Representatives Bradford, Ahlers, Boomgarden, Brunner, Burg, Cutler, Deadrick, DeVries, Elliott, Engels, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Hackl, Halverson, Hargens, Hills, Juhnke, Kirkeby, Lucas, Miles, Moore, Nelson, Novstrup (Al), Olson (Ryan), Sigdestad, Street, Thompson, Van Norman, and Vehle and Senators Two Bulls, Hansen (Tom), Hanson (Gary), Heidepriem, Hoerth, Hundstad, Jerstad, Katus, Maher, Nesselhuf, Olson (Ed), Smidt (Orville), and Sutton

         A CONCURRENT RESOLUTION,  Requesting the Congress and the President of the United States to reauthorize the federal Indian Health Care Improvement Act.

     WHEREAS,  the federal Indian Health Care Improvement Act was enacted by Congress in 1976 but expired in 2000 and has not yet been reauthorized; and

     WHEREAS,  Native Americans in South Dakota and across the nation experience the highest rates of cancer, obesity, diabetes, and heart disease, yet are adversely affected by limited access to health care due to chronic underfunding of the Indian health service; and

     WHEREAS,  the federal government, through treaties entered into with tribal entities, has the primary responsibility for providing health care to the Native American population in South Dakota and the United States; and

     WHEREAS,  disparities in the health care provided to Native Americans have been documented many times, including in the July 2003 report of the United States commission on

civil rights, entitled "A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country" and the September 2004 report of the United States commission on civil rights, entitled "Broken Promises: Evaluating the Native American Health Care System"; and

     WHEREAS,  South Dakota and other states cannot bear sole fiscal responsibility for providing adequate health care to their Native American populations; and

     WHEREAS,  the reauthorization of the Indian Health Care Improvement Act would provide fiscal and other assistance necessary to improve the health care provided to Native Americans; and

     WHEREAS,  reauthorization of the Indian Health Care Improvement Act through fiscal year 2015 could have been accomplished by Congress through the passage of S. 1057, the Indian Health Care Improvement Act Amendments of 2005 that was introduced on May 17, 2005; and

     WHEREAS,  a substitute for S. 1057 was reported favorably out of the Senate committee on Indian affairs on March 16, 2006, but no further Senate action was taken on that bill; and

     WHEREAS,  reauthorization of the Indian Health Care Improvement Act through fiscal year 2015 could have been accomplished by Congress through the passage of H.R. 5312, the Indian Health Care Improvement Act Amendments of 2006 that was introduced on May 9, 2005; and

     WHEREAS,  a substitute for H.R. 5312 was reported favorably out of the House committee on resources on June 21, 2006, but no further House action was taken on that bill:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- second Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature requests the Congress and President of the United States to prioritize the reauthorization of the Indian Health Care Improvement Act early in the first session of the one hundred tenth Congress; and

     BE IT FURTHER RESOLVED,  that the Legislature supports language in a reauthorization of the Indian Health Care Improvement Act to encourage state-Indian health service partnerships to provide eligibility to workers in rural areas; and

     BE IT FURTHER RESOLVED,  that the Legislature supports providing access to residential treatment centers for Native American youth and adolescents close to their homes on reservations in light of the alarming rates of substance abuse and suicide within this population in South Dakota.

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

     Rep. Miles moved that the Committee on State Affairs be instructed to deliver SJR 2 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was not supported.



CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on SB 127 as found on page 700 of the House Journal ; also

     Judiciary on SB 180 as found on page 700 of the House Journal ; also

     State Affairs on SB 157 as found on pages 700 and 701 of the House Journal ; also

     State Affairs on SB 207 as found on page 702 of the House Journal ; also

     State Affairs on SB 105 as found on pages 702 and 703 of the House Journal ; also

     Commerce on SB 43 as found on page 703 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Rhoden moved that the word NOT be stricken from the report of the Committee on Taxation on SB 173 as found on pages 696 to 699 of the House Journal and that the bill as amended be placed on tomorrow's calendar.

     The question being on Rep. Rhoden's motion that the word NOT be stricken from the report of the Committee on Taxation on SB 173 and that the bill as amended be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 45, Nays 25, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Buckingham; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Hackl; Halverson; Hanks; Hargens; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; Nelson; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Tidemann; Turbiville; Vanneman; Speaker Deadrick

     Nays:
Boomgarden; Burg; Carson; Cutler; Glenski; Haverly; Heineman; Koistinen; McLaughlin; Miles; Moore; Novstrup (Al); Novstrup (David); Olson (Russell); Peters; Sigdestad; Steele; Street; Thompson; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 173 was so placed.



SECOND READING OF CONSENT CALENDAR ITEMS


     SB 44:   FOR AN ACT ENTITLED, An Act to   require the conduct of criminal background checks for certain persons employed by the Division of Banking.

     Was read the second time.

     The question being “Shall SB 44 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; Hackl; Halverson; Hanks; 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 45:   FOR AN ACT ENTITLED, An Act to   repeal the authority for state chartered savings and loan associations.

     Was read the second time.

     The question being “Shall SB 45 pass?”

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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



     Excused:
Cutler

     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 30:   FOR AN ACT ENTITLED, An Act to   to make an appropriation for costs related to payments to sparse school districts and to declare an emergency.

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

     Rep. Burg moved that SB 30 be deferred to Friday, March 2nd, the 36th legislative day.

     Which motion prevailed.

     Rep. Rounds moved that the House do now recess until 11:15 a.m., which motion prevailed and at 11:06 a.m., the House recessed.

RECESS


     The House reconvened at 11:15 a.m., the Speaker Pro tempore presiding.

     SB 197:   FOR AN ACT ENTITLED, An Act to   adopt the Revised Uniform Anatomical Gift Act.

     Was read the second time.

197ra

     Rep. Hunt moved that SB 197 be amended as follows:

     On page 20 of the House Health and Human Services Committee engrossed bill, delete lines 6 to 23 , inclusive.

     On page 21 , delete lines 1 to 23 , inclusive.

     On page 22 , delete lines 1 to 9 , inclusive.


     Which motion lost.

     The question being “Shall SB 197 pass as amended?”

     And the roll being called:

     Yeas 37, Nays 32, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Buckingham; Burg; Dreyer; Dykstra; Engels; Feinstein; Gillespie; Gilson; Glenski; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Juhnke; Kirkeby; Lucas; Lust; McLaughlin; Miles; Moore; Olson (Betty); Olson (Russell); Peters; Rausch; Rave; Rhoden; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Willadsen

     Nays:
Bradford; Brunner; Carson; Davis; Dennert; DeVries; Elliott; Faehn; Gassman; Hackl; Howie; Hunt; Jerke; Koistinen; Krebs; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rounds; Sigdestad; Van Norman; Vanneman; Vehle; Weems; Wick; Speaker Deadrick

     Excused:
Cutler

     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.

     Rep. Hunt announced his intention to reconsider the vote by which SB 197 passed.

     Rep. Rhoden moved that the House do now recess until 1:00 p.m., which motion prevailed and at 12:00 p.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


Cc1048A
MR. SPEAKER:        

     The Conference Committee respectfully reports that it has considered HB 1048 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1048 be amended as follows:

1048oq

     On page 10, line 6 of the Senate engrossed bill, after " person, " insert "make a contribution disguised as a gift,".

     On page 10 , line 8, after " contribution. " insert "No candidate may accept a contribution disguised as a gift.".

1048fl

     On page 13, line 11 of the Senate engrossed bill, delete " file a statement " .

     On page 13 , line 12, delete " As " and insert "Be filed as".

     On page 21 , line 14, delete " shall be " and insert "is".

     On page 21 , line 17, after " guilty " insert "of".

1048op

     On page 24 of the Senate engrossed bill, delete lines 6 to 8 , inclusive.

Respectfully submitted,                 Respectfully submitted,
Larry Rhoden                        Dave Knudson
House Committee Chair                Senate Committee Chair

Cc1102A
Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1102 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1102 be amended as follows:


1102fa

     On page 2, line 3 of the Senate Judiciary Committee engrossed bill, delete everything after " . " .

     On page 2 , delete lines 4 and 5 .

     On page 2 , line 12, delete everything after " . " .

     On page 2 , delete lines 13 and 14 .

     On page 3 , line 2, delete everything after " . " .

     On page 3 , delete lines 3 and 4 .

Respectfully submitted,                 Respectfully submitted,
Joni M. Cutler                        Gene G. Abdallah
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 31 and has appointed Sens. Greenfield, Apa, 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.

     The Speaker appointed as such committee Reps. Dykstra, Putnam, and Gillespie.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 41 and has appointed Sens. McNenny, Lintz, and Hundstad 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.

     The Speaker appointed as such committee Reps. Faehn, Turbiville, and Bradford.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 53, 59, 74, 75, 87, and 100.

Respectfully,
Trudy Evenstad, Secretary

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

                                (continued)

     SB 10:   FOR AN ACT ENTITLED, An Act to   revise certain requirements and procedures regarding the one-call notification system for excavation activities.

     Was read the second time.

     The question being “Shall SB 10 pass as amended?”

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

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

     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 198:   FOR AN ACT ENTITLED, An Act to   provide for an Open Government Commission and the study of open government issues.

     Was read the second time.


198tb

     Rep. Turbiville moved that SB 198 be amended as follows:

     On page 1, line 11 of the House State Affairs Committee engrossed bill, delete everything after " General. " .

     On page 1 , delete lines 12 and 13 .

     On page 1 , line 14, delete " shall " and insert "may".

     Which motion prevailed.

     The question being “Shall SB 198 pass as amended?”

     And the roll being called:

     Yeas 31, Nays 38, Excused 1, Absent 0

     Yeas:
Brunner; Burg; Cutler; Dennert; Dreyer; Dykstra; Elliott; Gillespie; Gilson; Glenski; Hackl; Hargens; Haverly; Hills; Hunt; Jerke; Krebs; McLaughlin; Moore; Novstrup (Al); Novstrup (David); Olson (Ryan); Rausch; Rave; Rhoden; Street; Tidemann; Vanneman; Weems; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Buckingham; Carson; Davis; DeVries; Engels; Faehn; Feinstein; Gassman; Halverson; Hanks; Heineman; Howie; Juhnke; Kirkeby; Koistinen; Lucas; Lust; Miles; Nelson; Noem; Nygaard; Olson (Betty); Olson (Russell); Pederson (Gordon); Peters; Pitts; Rounds; Sigdestad; Steele; Thompson; Turbiville; Van Etten; Van Norman; Vehle; Wick

     Excused:
Putnam

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

     SB 84:   FOR AN ACT ENTITLED, An Act to   increase the maximum fees for conducting weights and measures inspections and testing.

     Was read the second time.

84oa

     Rep. Krebs moved that SB 84 be amended as follows:

     On page 2, line 9 of the Senate engrossed bill, delete everything after " . " and insert " It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this Act, through the General Appropriations Act. ".

     On page 2 , delete line 10 .

     On page 3 , line 14, delete everything after " . " and insert " It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this Act, through the General Appropriations Act. ".

     On page 3 , delete lines 15 and 16 .

     On page 4 , line 12, delete everything after " . " and insert " It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this Act, through the General Appropriations Act. ".

     On page 4 , delete lines 13 and 14 .

     On page 4 , line 23, delete everything after " . " and insert " It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this Act, through the General Appropriations Act. ".

     On page 4 , delete line 24 .

     On page 5 , line 12, delete everything after " . " and insert " It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this Act, through the General Appropriations Act. ".

     On page 5 , delete line 13 .

     Which motion prevailed.

     The question being “Shall SB 84 pass as amended?”

     And the roll being called:

     Yeas 44, Nays 25, Excused 1, Absent 0

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



     Nays:
Ahlers; Bradford; Burg; Davis; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Koistinen; Lucas; Miles; Moore; Nygaard; Olson (Betty); Sigdestad; Street; Thompson; Van Norman; Wick

     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.

     Rep. Hargens   moved to appeal the ruling of the chair that SB 84 needed a simple majority for passage.

     The question being “Shall the decision of the chair be sustained?”

     And the roll being called:

     Yeas 43, Nays 24, Excused 3, Absent 0

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

     Nays:
Ahlers; Bradford; Burg; Davis; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hackl; Halverson; Hargens; Koistinen; Lucas; Miles; Moore; Nygaard; Olson (Betty); Street; Thompson; Van Norman

     Excused:
Buckingham; Sigdestad; Wick

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

     SB 164:   FOR AN ACT ENTITLED, An Act to   permit certain taxing districts to revise the amount of revenue payable from property taxes.

     Was read the second time.

     The question being “Shall SB 164 pass as amended?”

     And the roll being called:



     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Excused:
Buckingham; Sigdestad; 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 183:   FOR AN ACT ENTITLED, An Act to   exempt the production of certain plants and sod from sales and use taxes.

     Was read the second time.

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     Rep. Peters moved that SB 183 be amended as follows:

     On page 2, line 4 of the Senate engrossed bill, after " product; " insert "or".

     On page 2 , line 5, delete everything after " 38-24B-1(14) " .

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

     On page 2 , line 22, after " product; " insert "or".

     On page 2 , line 23, delete everything after " 38-24B-1(14) " .

     On page 2 , line 24, delete everything before " . " .
     Which motion lost.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall SB 183 pass as amended?”



     And the roll being called:

     Yeas 42, Nays 25, Excused 3, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Burg; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens; Hills; Howie; Hunt; Juhnke; Koistinen; Lucas; Miles; Noem; Novstrup (Al); Nygaard; Olson (Betty); Olson (Ryan); Pitts; Rausch; Rave; Rhoden; Steele; Street; Thompson; Van Etten; Van Norman; Vanneman; Weems

     Nays:
Boomgarden; Carson; Cutler; Feinstein; Hanks; Haverly; Heineman; Jerke; Kirkeby; Krebs; Lust; McLaughlin; Moore; Nelson; Novstrup (David); Olson (Russell); Pederson (Gordon); Peters; Putnam; Rounds; Tidemann; Turbiville; Vehle; Willadsen; Speaker Deadrick

     Excused:
Buckingham; Sigdestad; 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 101:   FOR AN ACT ENTITLED, An Act to   establish a governance policy for school boards.

     Was read the second time.

     The question being “Shall SB 101 pass as amended?”

     And the roll being called:

     Yeas 35, Nays 31, Excused 4, Absent 0

     Yeas:
Bradford; Burg; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens; Heineman; Hills; Koistinen; Krebs; Miles; Moore; Novstrup (Al); Nygaard; Olson (Betty); Olson (Ryan); Rave; Rhoden; Street; Thompson; Turbiville; Van Norman; Weems; Willadsen

     Nays:
Ahlers; Boomgarden; Brunner; Carson; Cutler; Davis; Hanks; Haverly; Howie; Hunt; Jerke; Juhnke; Kirkeby; Lucas; Lust; McLaughlin; Nelson; Noem; Novstrup (David); Olson (Russell); Pederson (Gordon); Pitts; Putnam; Rausch; Rounds; Steele; Tidemann; Van Etten; Vanneman; Vehle; Speaker Deadrick

     Excused:
Buckingham; Peters; Sigdestad; Wick



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

     Rep. Gillespie announced her intention to reconsider the vote by which SB 101 lost.

     SB 82:   FOR AN ACT ENTITLED, An Act to   revise certain fees charged by sheriffs.

     Was read the second time.

     The question being “Shall SB 82 pass as amended?”

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent 0

     Yeas:
Ahlers; Boomgarden; Brunner; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Nays:
Bradford; Moore

     Excused:
Buckingham; Peters; Sigdestad; 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 130:   FOR AN ACT ENTITLED, An Act to   permit the Department of Health to provide an electronic report of marriages upon request.

     Was read the second time.

     The question being “Shall SB 130 pass as amended?”

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Excused:
Buckingham; Peters; Sigdestad; 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 135:   FOR AN ACT ENTITLED, An Act to   increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

     Was read the second time.

     The question being “Shall SB 135 pass as amended?”

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

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

     Nays:
Boomgarden; Carson; DeVries; Haverly; McLaughlin; Olson (Betty); Peters; Turbiville; Vehle

     Excused:
Buckingham; Sigdestad; 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 153:   FOR AN ACT ENTITLED, An Act to   provide for the suspension of certain county officials pending completion of criminal prosecutions.



     Was read the second time.

     The question being “Shall SB 153 pass as amended?”

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Burg; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Carson

     Excused:
Buckingham; Sigdestad; 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 123:   FOR AN ACT ENTITLED, An Act to   provide that sheriffs receive payment for marshaling assets for an execution of judgment or execution sale even if no sale occurs.

     Was read the second time.

     The question being “Shall SB 123 pass as amended?”

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

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


     Nays:
Bradford; Glenski; Miles; Moore

     Excused:
Buckingham; Sigdestad; 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 136:   FOR AN ACT ENTITLED, An Act to   provide for the release of the juvenile monitor's report after clearance by the attorney general and to provide for a confidential addendum to the report.

     Was read the second time.

     The question being “Shall SB 136 pass as amended?”

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Willadsen; Speaker Deadrick

     Excused:
Buckingham; Sigdestad; 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.

     SJR 9:   A JOINT RESOLUTION,   To propose a constitutional amendment to provide for forty-day legislative sessions.

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

j9fa

     Rep. Nygaard moved that SJR 9 be amended as follows:

     On page 2, line 6 of the House State Affairs Committee engrossed resolution, overstrike " forty " and insert " thirty-five ".

     A roll call vote was requested and supported.

     The question being on Rep. Nygaard's motion that SJR 9 be amended.

     And the roll being called:

     Yeas 22, Nays 48, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Davis; Dennert; Elliott; Engels; Gassman; Gillespie; Glenski; Hackl; Hargens; Hunt; Jerke; Miles; Moore; Nygaard; Olson (Betty); Sigdestad; Street; Thompson; Van Norman; Weems

     Nays:
Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; DeVries; Dreyer; Dykstra; Faehn; Feinstein; Gilson; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; 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 SJR 9 pass as amended?”

     And the roll being called:

     Yeas 35, Nays 35, Excused 0, Absent 0

     Yeas:
Ahlers; Brunner; Buckingham; Carson; Cutler; Dreyer; Dykstra; Faehn; Gilson; Hackl; Hanks; Haverly; Heineman; Hills; Hunt; Juhnke; Kirkeby; Lucas; McLaughlin; Nelson; Noem; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rave; Rhoden; Rounds; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Bradford; Burg; Davis; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Howie; Jerke; Koistinen; Krebs; Lust; Miles; Moore; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Pitts; Rausch; Sigdestad; Steele; Street; Thompson; Van Norman; Weems; Wick


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

     Rep. Heineman announced her intention to reconsider the vote by which SJR 9 lost.

     Rep. Hunt moved that the House do now reconsider the vote by which SB 197 passed.

     The question being on Rep. Hunt's motion to reconsider the vote by which SB 197 passed.

     And the roll being called:

     Yeas 27, Nays 43, Excused 0, Absent 0

     Yeas:
Bradford; Brunner; Davis; DeVries; Gassman; Hackl; Halverson; Howie; Hunt; Jerke; Kirkeby; Koistinen; Krebs; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Rounds; Sigdestad; Vanneman; Vehle; Weems; Wick; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Buckingham; Burg; Carson; Cutler; Dennert; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gillespie; Gilson; Glenski; Hanks; Hargens; Haverly; Heineman; Hills; Juhnke; Lucas; Lust; McLaughlin; Miles; Moore; Nygaard; Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Willadsen

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

     Rep. Gillespie moved that the House do now reconsider the vote by which SB 101 lost.

     The question being on Rep. Gillespie's motion to reconsider the vote by which SB 101 lost.

     And the roll being called:

     Yeas 39, Nays 31, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Burg; Cutler; Dennert; DeVries; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Heineman; Hills; Jerke; Kirkeby; Koistinen; Krebs; Lucas; Miles; Moore; Nelson; Nygaard; Olson (Betty); Olson (Ryan); Rave; Rounds; Sigdestad; Street; Thompson; Van Norman; Weems; Wick; Willadsen


     Nays:
Boomgarden; Buckingham; Carson; Davis; Dreyer; Gilson; Hackl; Hanks; Haverly; Howie; Hunt; Juhnke; Lust; McLaughlin; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rhoden; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Speaker Deadrick

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 101 was up for reconsideration and final passage.

     SB 101:   FOR AN ACT ENTITLED, An Act to   establish a governance policy for school boards.

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

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being “Shall SB 101 pass as amended?”

     And the roll being called:

     Yeas 44, Nays 26, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Burg; Cutler; Dennert; DeVries; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens; Heineman; Hills; Howie; Kirkeby; Koistinen; Krebs; Miles; Moore; Nelson; Novstrup (Al); Nygaard; Olson (Betty); Olson (Ryan); Pederson (Gordon); Pitts; Rave; Rhoden; Sigdestad; Street; Thompson; Turbiville; Van Norman; Weems; Wick; Willadsen

     Nays:
Boomgarden; Buckingham; Carson; Davis; Dreyer; Hanks; Haverly; Hunt; Jerke; Juhnke; Lucas; Lust; McLaughlin; Noem; Novstrup (David); Olson (Russell); Peters; Putnam; Rausch; Rounds; Steele; Tidemann; Van Etten; Vanneman; Vehle; 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.

     Rep. Heineman moved that the House do now reconsider the vote by which SJR 9 lost.

     The question being on Rep. Heineman's motion to reconsider the vote by which SJR 9 lost.


     And the roll being called:

     Yeas 37, Nays 33, Excused 0, Absent 0

     Yeas:
Brunner; Buckingham; Carson; Cutler; Dreyer; Dykstra; Faehn; Gilson; Hackl; Hanks; Haverly; Heineman; Hills; Hunt; Juhnke; Kirkeby; Lucas; McLaughlin; Nelson; Noem; Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Davis; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Halverson; Hargens; Howie; Jerke; Koistinen; Krebs; Lust; Miles; Moore; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Rausch; Sigdestad; Street; Thompson; Van Norman; Weems; Wick

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SJR 9 was up for reconsideration and final passage.

     SJR 9:   A JOINT RESOLUTION,   To propose a constitutional amendment to provide for forty-day legislative sessions.

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

     The question being “Shall SJR 9 pass as amended?”

     And the roll being called:

     Yeas 38, Nays 32, Excused 0, Absent 0

     Yeas:
Brunner; Buckingham; Carson; Cutler; Dreyer; Dykstra; Faehn; Gilson; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Hunt; Juhnke; Kirkeby; Lucas; McLaughlin; Nelson; Noem; Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Boomgarden; Bradford; Burg; Davis; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hargens; Howie; Jerke; Koistinen; Krebs; Lust; Miles; Moore; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Rausch; Sigdestad; Street; Thompson; Van Norman; Weems; Wick

     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 Deadrick now presiding.

     There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 2nd, the 36th 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 1113, 1126, 1132, 1138, 1196, 1205, 1279, and 1290 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1067, 1140, 1145, 1189, 1241, 1244, 1246, 1258, and 1271 were delivered to his Excellency, the Governor, for his approval at 9:55 a.m., March 1, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1113: FOR AN ACT ENTITLED, An Act to  prohibit school districts from granting credit for distance learning courses offered through entities other than the South Dakota Virtual High School.

     HB 1126: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning municipal sewer service.


     HB 1132: FOR AN ACT ENTITLED, An Act to  increase the maximum penalty that counties and municipalities may establish for a violation of an ordinance.

     HB 1138: FOR AN ACT ENTITLED, An Act to  appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

     HB 1196: FOR AN ACT ENTITLED, An Act to  provide for notice and opportunity to remedy residential construction defects.

     HB 1205: FOR AN ACT ENTITLED, An Act to  provide funds to the state technical institutes.

     HB 1279: FOR AN ACT ENTITLED, An Act to  create a task force to study permanent funding options for the state technical institutes, to provide for its composition, and to declare an emergency.

     HB 1290: FOR AN ACT ENTITLED, An Act to  provide for an Office of Indian Education and an Indian Education Advisory Council and to establish certain provisions to enhance Indian education in the state.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1019   Introduced by:  Representatives Thompson, Ahlers, Dykstra, Hills, Lucas, and Pitts and Senators Katus, Hoerth, Jerstad, and Kloucek

         A LEGISLATIVE COMMEMORATION,  Recognizing the fiftieth anniversary of the Hungarian Revolution that began on October 23, 1956; the sacrifices of the brave Hungarian Freedom Fighters; the great contributions of Hungarian-Americans in South Dakota; and reaffirming the friendship between the people and governments of the United States and Hungary.

     WHEREAS,  on October 23, 1956, hundreds of thousands of Hungarians would join students in a peaceful call for democracy and an end to the brutal Soviet-dominated communist government; peaceful protestors were fired upon by the Security Police killing hundreds and triggering the bloody fight for freedom; the Hungarian Freedom Fighters, who risked their lives to take part in their noble fight, were able to establish a revolutionary government that released political prisoners, took steps to establish a multi-party democracy, called for the withdrawal of Soviet troops, and requested international assistance; and

     WHEREAS,  the Soviet Union launched a massive military counteroffensive against the revolt; Prime Minister Imre Nagy was seized by Soviet forces, and subsequently tried and executed; thousands of Hungarians were tortured and tried and hundreds executed by the post- 1956 Hungarian government; more than 200,000 Hungarians fled their country, and over 47,000 eventually settled in the United States where they have contributed greatly to the intellectual strength, cultural diversity, and economic might of this country; and

     WHEREAS,  the Hungarians in 1989 dismantled the Iron Curtain and permitted East Germans safe passage to the West, actions that led to the fall of the Berlin Wall; on October 23, 1989, the Republic of Hungary proclaimed its independence; on March 12, 1999, Hungary became a member of NATO, and on May 1, 2004, Hungary became a member of the European Union:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the people of Hungary be commended as they mark the fiftieth anniversary of the 1956 Hungarian Revolution which set the stage for the ultimate collapse of communism in 1989 throughout central and eastern Europe, and two years later in the Soviet Union itself; and

     BE IT FURTHER COMMEMORATED that the Legislature expresses thanks to the freedom fighters, many who sacrificed their lives for freedom, for their bravery in the face of insurmountable odds; and

     BE IT FURTHER COMMEMORATED that the Legislature expresses condolences to the people of Hungary and the families who lost loved ones in the freedom fight, and for those executed following the revolution; and

     BE IT FURTHER COMMEMORATED that the Legislature expresses thanks to those refugees who brought their talents, skills, and love of freedom and helped build a stronger America; and

     BE IT FURTHER COMMEMORATED that the Legislature reaffirms the friendship and cooperative relations between the governments of Hungary and the United States and between the Hungarian and American people.

     HC 1020   Introduced by:  Representatives Rounds, Noem, and Olson (Ryan) and Senators Gray, Dempster, Hansen (Tom), Maher, and McCracken

         A LEGISLATIVE COMMEMORATION,  Honoring the members of the 2006 Pierre Governors Varsity Boys' Soccer Team and the coaches, administration, and parents involved in the program.

     WHEREAS,  the 2006 Pierre Governors Boys' Soccer Team won the Toyota Cup State AA Boys' Championship by virtue of outstanding character, sportsmanship, leadership, and dedication to excellence both on and off the field; and

     WHEREAS,  the Governors Varsity Boys' Soccer Team faced many worthy opponents and overcame many challenges throughout the season. The players faced the challenges as a team, always believing in each other and the possibility of a victory. The Governors went 10-1-1 during the season and swept Rapid City Central, Spearfish, and Aberdeen at the state tournament; and

     WHEREAS,  the team has consistently illustrated their respect and love of the game. Over many years these young men have proudly represented the communities of Pierre and Fort Pierre bringing home numerous championships, including the 2004 and 2006 state championships:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Pierre Governors Varsity Boys' Soccer Team be commended for their excellence in athletics and leadership in the 2006-2007 school year.

     HC 1021   Introduced by:  Representatives Rounds, Ahlers, Boomgarden, Buckingham, Davis, Elliott, Engels, Feinstein, Gillespie, Hackl, Lucas, Moore, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), Van Norman, Vanneman, Weems, and Willadsen and Senators Gray, Dempster, Hansen (Tom), Hundstad, Maher, and McCracken

         A LEGISLATIVE COMMEMORATION,  Congratulating and commending Sydney Palmer, daughter of Jenifer and Todd Palmer, of Pierre, for winning the national championship of the NFL's Punt, Pass, and Kick Competition in the girls' 8-9 year division.

     WHEREAS,  over 4 million participants compete in the annual Punt, Pass, and Kick Competition, with girls and boys competing separately in four age groups; and

     WHEREAS,  Sydney Palmer qualified in the top four in the nation in the girls' 8-9 year division, allowing her to compete in the finals at the Superdome in New Orleans; and

     WHEREAS,  Sydney Palmer won the national competition with a score of 194 with a punt of 58 feet 4 inches, a pass of 82 feet 7 inches, and a kick of 53 feet 1 inch:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Sydney Palmer be congratulated and commended for winning the national championship of the NFL's Punt, Pass, and Kick Competition in the girls' 8-9 year division.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:01 p.m. the House adjourned.

Karen Gerdes, Chief Clerk