JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



TWENTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 7, 2008

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Andrea DeGroot-Nesdahl, followed by the Pledge of Allegiance led by House page Justin Siemens.

     Roll Call: All members present except Reps. Dykstra, Koistinen, and McLaughlin who were excused.

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 nineteenth 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 7, 2008

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 6, 2008, I approved House Bills 1010, 1105, and 1125, 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 HB  1269 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:

1142sa

    On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 35-4-4 be amended to read as follows:

     35-4-4.   No person, corporation, or business entity may be the holder of hold or have an interest in more than three retail licenses issued under subdivision 35-4-2(3), (4), (6), or (13). However, a person, corporation, or business entity may hold or have an interest in three additional retail licenses issued under subdivision 35-4-2(4) if the licensee derives more than fifty percent of the licensee's annual gross receipts from the sale of food at the location where the license is held. Any person, corporation, or business entity may hold or have an interest in additional retail licenses issued under subdivision 35-4-2(3) in municipalities of the first class if the licensee derives more than fifty percent of the licensee's annual gross receipts from the sale of food, prepared food, and food ingredients at the location where the license is held. Any such new licensee under subdivision 35-4-2(3) shall sell its alcoholic beverages, other than malt beverages, in an area which is separated by a physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier includes a wall, fence, rope, railing, or other

physical feature erected for the sole purpose of separating the area in which the alcoholic beverages are sold from the rest of the establishment. For purposes of this section, location means one contiguous piece of real estate on which sales are generated by the licensee. "

1142sb

    On the previously adopted amendment (1142sa), delete " , fence, rope, railing, or other physical feature " and insert " or fence " .

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1283 and returns the same with the recommendation that said bill be amended as follows:

1283sa

    On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 35-4-2 be amended to read as follows:

     35-4-2.   Classes of licenses, with the fee of each class, follow:

             (1)      Distillers--four thousand dollars. However, no license fee is required for manufacturers of alcohol for use in industry as a nonbeverage. If such manufacturer of industrial alcohol shall at any time manufacture, produce, distill, sell, barter, or dispose of alcohol for any use other than an industrial use, the license fee required by this section shall be allocated to and payable for the portion of the year the manufacturer devoted to such other use for each calendar month or fraction thereof while so engaged, but in no case less than one-twelfth of said license fee;

             (2)      Wholesalers of alcoholic beverages--five thousand dollars;

             (3)      Off-sale--not less than five hundred dollars in municipalities of the first class, not more than four hundred dollars in municipalities of the second class, and not more than three hundred dollars in municipalities of the third class. The renewal fee for such licenses may not exceed five hundred dollars in municipalities of the first class, four hundred dollars in municipalities of the second class, and three hundred dollars in municipalities of the third class;

             (4)      On-sale--in municipalities of various classes: municipalities of the first class, : not less than one dollar for each person residing within the municipality as measured by the last preceding federal census, the renewal fee for such license is fifteen hundred dollars; municipalities of the second class, no more than twelve hundred dollars; municipalities of the third class, no more may not be less than nine hundred dollars;
             (5)      Off-sale licenses issued to municipalities under local option--not less than two hundred fifty dollars;

             (6)      On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less than the maximum that the municipality to which the applicant is nearest is charging for a like license in that municipality, the renewal fee shall be the same as is charged for a like license in the nearest municipality. However, if the nearest municipality is more than fifteen miles from the on-sale license, the fee shall be established pursuant to § 35-4-11.10. If the municipality to which the applicant is nearest holds an on-sale license, pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall be the maximum amount that could be charged as if the municipality had not been authorized to obtain on-sale licenses pursuant to § 35- 3-13. However, if the nearest municipality is a municipality of the first class and is authorized to hold an on-sale license pursuant to § 35-3-13, such fee may not be more than one hundred fifty percent of the minimum a municipality not so authorized may charge for a like license. The renewal fee shall be the same as could be charged for a like license in the nearest municipality;

             (7)      Solicitors--twenty-five dollars;

             (8)      Transportation companies--twenty-five dollars;

             (9)      Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic beverages on all conveyances the licensee operates within the state;

             (10)      Dispensers--ten dollars;

             (11)      On-sale dealers at publicly operated airports--two hundred fifty dollars;

             (12)      On-sale dealers in wine for Sunday--five hundred dollars;

             (13)      Convention facility on-sale--not less than one dollar for each person residing within the municipality as measured by the last preceding federal census, the renewal fee for such license, in municipalities of the first class, is fifteen hundred dollars; the renewal fee for such license, in municipalities of the second class, is no more than twelve hundred dollars; the renewal fee for such license, in municipalities of the third class, is no more than nine hundred dollars;

             (14)      Manufacturers of malt beverages--five hundred dollars;

             (15)      Wholesalers of malt beverages--four hundred dollars;

             (16)      Malt beverage retailers, being both package dealers and on-sale dealers--two hundred fifty dollars;

             (17)      Malt beverage package dealers--one hundred fifty dollars;
             (18)      On-sale dealers in light wine containing not more than six percent alcohol by weight for each day of the week between the hours of seven a.m. and two a.m. to nonprofit corporations established pursuant to chapter 7-27--two hundred dollars; and

             (19)      Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and distilled spirits produced from product provided to an artisan distiller by the respective farm winery to be operated in conjunction with a farm winery established pursuant to chapter 35-2--one hundred fifty dollars. "

1283sta

    On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise on-sale alcoholic beverage licenses in municipalities.".

    On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1294 and returns the same with the recommendation that said bill be amended as follows:

1294fa

    On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. In addition to the number of on-sale licenses that may be issued pursuant to §  35-4-11, a first class municipality may issue additional on-sale licenses for full-service restaurants. The number of full-service restaurant on-sale licenses that may be issued pursuant to this section may not exceed ten percent of the total number of on-sale licenses allowed or issued pursuant to § §  35-4-11 and 35-4-13 or three on-sale licenses, whichever is greater.

     Section 2. Terms used in this Act mean:

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

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

             (3)    "Restaurant," any area in a building maintained, advertised, and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where seventy percent or more of the gross revenue of

the restaurant is derived from the sale of prepared food and nonalcoholic beverages. The restaurant shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals.

     Section 3. An applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverages. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential.

     Section 4. When the municipality is renewing a full-service restaurant on-sale license, the municipality shall condition the licence renewal upon receiving documentation that seventy percent or more of gross sales from the preceding twelve months operation of the full service restaurant is derived from the sale of prepared food and nonalcoholic beverages. The full-service restaurant on-sale licensee shall submit an annual report to the municipality on the sales for the full-service restaurant that includes an oath verifying the validity of the information provided in the report. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross sales of the licensee for the following two categories:

             (1)    Food and nonalcoholic beverage sales; and

             (2)    Alcoholic beverage sales.

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

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

     Section 7. A restaurant that has a full-service restaurant on-sale license may only be advertised or held out to the public as primarily a food eating establishment.

     Section 8. No restaurant that has a full-service restaurant on-sale license may:

             (1)    Conduct video lottery pursuant to chapter 42-7A upon the location where the license is held;

             (2)    Allow smoking on the premises; or

             (3)    Transfer or sell the full-service restaurant on-sale license to another location.

     Section 9. No premise licensed under the provisions of subdivision 35-4-2 (4), (6), (11), or (13) prior to July 1, 2008, may be licensed as a full-service restaurant on-sale license prior to July 1, 2020.
     Section 10. The license fee for a restaurant license issued by a first class municipality with a population that is:

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

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

    (3)    Less than twenty thousand, may not be less than seventy-five thousand dollars.

     Section 11. No on-sale license annexed into a municipality pursuant to §  35-4-13 may be transferred to a new location for a period of three years after the annexation."

0000fta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "authorize a class of full-service restaurant on-sale licenses to be issued by first class municipalities.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1284 and 1309 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1155, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Tim Rave, Vice Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1307 and returns the same with the recommendation that said bill be amended as follows:

1307fa

    On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. The Executive Board of the Legislative Research Council shall appoint an interim committee to study issues related to real property classifications and the criteria used to establish such classes of property. The study shall evaluate the existing classifications of property and determine whether additional classifications of property should be created. The feasibility of establishing property classifications for cropland, noncropland (grazing), recreation, and speculation should be evaluated. The committee shall report its recommendations to the 2009 Legislature."

1307fta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for a legislative study of the classifications of real property.".

    On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Respectfully submitted,
Joel D. Dykstra, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1248 and 1277 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1178 and returns the same with the recommendation that said bill be amended as follows:

1178ua

    On page 1, line 4, of the printed bill, delete "nine hundred nine" and insert "nine hundred nineteen thousand six hundred twenty-six dollars ($919,626) ".

    On page 1, line 5, delete everything before ", or" .

    On page 1, line 8, delete "six hundred eighty-" and insert "six hundred ninety-four thousand seventy-eight dollars ($694,078)".

    On page 1, line 9, delete everything before "," .

    On page 1, line 13, delete everything before "," and insert "fifty-three thousand seven hundred thirty dollars ($53,730)".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1179 and returns the same with the recommendation that said bill be amended as follows:

1179ub

    On page 1 of the printed bill, delete lines 8 and 9.

1179ua

    On page 1, line 3, of the printed bill, delete "seven hundred fifty" and insert "seven hundred sixty-eight thousand four dollars ($768,004)".

    On page 1, line 4, delete everything before ", or" .

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1267 and returns the same with the recommendation that said bill be amended as follows:

1267ba

    On page 1, line 5, of the printed bill, delete "general" and insert "state aeronautics".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1185 which was tabled.

Respectfully submitted,
Larry Tidemann, Chair

 Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1305 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1008, 1009, 1055, 1056, 1057, 1072, 1114, 1118, and 1126 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1001 and 1109 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 80, 126, and 180 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Halverson moved that the House do concur in Senate amendments to HB 1043.

     The question being on Rep. Halverson's motion that the House do concur in Senate amendments to HB 1043.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Dykstra; Jerke; Koistinen; McLaughlin

     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 1004: A CONCURRENT RESOLUTION, Encouraging the use of sunscreen and discouraging young persons from using tanning devices.

     Rep. Van Etten moved that HCR 1004 as found on pages 424 and 425 of the House Journal be adopted.

     The question being on Rep. Van Etten's motion that HCR 1004 be adopted.

     And the roll being called:

     Yeas 49, Nays 18, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Buckingham; Burg; Carson; Cutler; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Gosch; Halverson; Hargens; Haverly; Howie; Hunt; Juhnke; Lucas; Lust; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Van Norman; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Brunner; Davis; DeVries; Dreyer; Faehn; Gilson; Hackl; Heineman; Hills; Jerke; Kirkeby; Krebs; Moore; Olson (Betty); Olson (Russell); Rhoden; Turbiville; Vehle

     Excused:
Dykstra; Koistinen; McLaughlin

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

     HCR 1005  Introduced by:  Representatives Gillespie, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Burg, Carson, Cutler, Davis, Deadrick, Dennert, DeVries, Dreyer, Dykstra, Elliott, Engels, Faehn, Feinstein, Gassman, Gilson, Glenski, Gosch, Hackl, Halverson, Hargens, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lucas, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vanneman, Vehle, Weems, Wick, and Willadsen and Senators Abdallah, Albers, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hoerth, Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Koetzle, Lintz, Maher, McCracken, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Smidt (Orville), Sutton, Turbak Berry, and Two Bulls

         A CONCURRENT RESOLUTION,  To declare March 29, 2008, as Vietnam Veterans Day, in South Dakota.

     WHEREAS,  March 29, 2008, marks the thirty-fifth anniversary of the final withdrawal of United States troops from Vietnam; and

     WHEREAS,  about twenty-eight thousand South Dakotans served on active duty during the Vietnam War era, 1964 to 1975, inclusive; and

     WHEREAS,  seventy-eight percent of those South Dakotans who served on active duty actually served in Vietnam; and

     WHEREAS,  two hundred twelve South Dakotans lost their lives in Vietnam; and

     WHEREAS,  it is both fitting and proper that South Dakotans take some time out of their busy lives to honor those who served and sacrificed during this war on this anniversary:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- Third Legislature of the State of South Dakota, the Senate concurring therein, that in honor of all those South Dakotans who served this country during the Vietnam War and in honor of those South Dakotans who made the ultimate sacrifice during that war, that March 29, 2008, is hereby declared to be Vietnam Veterans Day, in South Dakota; and

     BE IT FURTHER RESOLVED,  that South Dakotans are asked that day to reflect on the service and sacrifices of Vietnam Veterans and to thank a Vietnam Veteran for such service and sacrifice.

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

      SCR 4: A CONCURRENT RESOLUTION, Urging the United State Congress to remove Section 132 from the College Opportunity and Affordability Act of 2007 before its final passage.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1173 as found on pages 418 and 419 of the House Journal ; also

     Judiciary on HB 1313 as found on page 419 of the House Journal ; also

     State Affairs on HB 1266 as found on page 443 of the House Journal ; also

     State Affairs on HB 1272 as found on pages 443 and 444 of the House Journal ; also

     State Affairs on HB 1319 as found on page 444 of the House Journal ; also

     State Affairs on HB 1320 as found on pages 445 and 446 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

     Was read the first time and referred to the Committee on Local Government.

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

     Was read the first time and referred to the Committee on Commerce.

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

     Was read the first time and referred to the Committee on Appropriations.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HJR 1001: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain provisions of the State Constitution relating to corporations.

     Was read the second time.

     The question being "Shall HJR 1001 pass?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent 0

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

     Nays:
Rhoden

     Excused:
Dykstra; Koistinen; McLaughlin; Sigdestad; Van Norman

     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.

     HB 1259: FOR AN ACT ENTITLED, An Act to make an appropriation for the detection and prevention of Hantavirus Pulmonary Syndrome.

     Was read the second time.

1259ja

     Rep. Van Etten moved that HB 1259 be amended as follows:

    On page 1, line 6, of the printed bill, delete "detection and prevention of" and insert "education of the public regarding the".

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     Rep. Van Etten's motion lost.

     The question being "Shall HB 1259 pass?"

     And the roll being called:

     Yeas 59, Nays 7, Excused 4, Absent 0

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

     Nays:
Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Tidemann

     Excused:
Dykstra; Koistinen; McLaughlin; Sigdestad

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

     HB 1115: FOR AN ACT ENTITLED, An Act to continue to appropriate funds to provide cochlear implants to certain children.

     Was read the second time.

     The question being "Shall HB 1115 pass?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 3, Absent 0

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

     Nays:
Buckingham; Howie; Hunt; Olson (Russell); Rave; Rounds; Sigdestad; Weems; Willadsen; Speaker Deadrick

     Excused:
Dykstra; Koistinen; McLaughlin

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

     HB 1219: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding appropriations to the Department of Education for the payment of bonds at the technical institutes.

     Was read the second time.

     The question being "Shall HB 1219 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Dykstra; Koistinen; McLaughlin; Van Norman

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

     Rep. Rhoden moved that HB 1265 be deferred to Monday, February 11th, the 21st legislative day.

     Which motion prevailed.

     HB 1120: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

     Was read the second time.

     The question being "Shall HB 1120 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

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

     Nays:
Krebs; Tidemann

     Excused:
Dykstra; Koistinen; McLaughlin

     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.

     HB 1139: FOR AN ACT ENTITLED, An Act to revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

     Was read the second time.

     The question being "Shall HB 1139 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Dykstra; Koistinen; McLaughlin; Van Norman

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

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

     Was read the second time.

     The question being "Shall HB 1146 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lucas; Lust; 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; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Speaker Deadrick

     Nays:
Davis; DeVries; Turbiville; Willadsen

     Excused:
Dykstra; Koistinen; McLaughlin

     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.

     HB 1226: FOR AN ACT ENTITLED, An Act to provide funds to the postsecondary technical institutes.

     Was read the second time.

     The question being "Shall HB 1226 pass as amended?"

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

     Excused:
Dykstra; Koistinen; McLaughlin

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

     HB 1227: FOR AN ACT ENTITLED, An Act to appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

     Was read the second time.

     The question being "Shall HB 1227 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

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

     Nays:
Davis

     Excused:
Dykstra; Koistinen; McLaughlin; Miles

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

     HB 1210: FOR AN ACT ENTITLED, An Act to prohibit recyclers, scrap metal dealers, or scrap yard operators from purchasing certain beer kegs.

     Was read the second time.

     The question being "Shall HB 1210 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

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

     Nays:
Bradford; Davis; DeVries; Faehn; Gosch; Hackl; Howie; Rhoden; Van Norman

     Excused:
Dykstra; Koistinen; McLaughlin

     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. Rhoden moved that the balance of the calendar including HB 1107, 1245, 1148, 1171, 1225, 1242, 1300, 1293, 1306, 1317, 1157, 1198, 1271 and HJR 1004 and SB 15, 2, 3, 34, 38, 13, 64, 68, 139, 63, 87, and 156 be deferred to Monday, February 11th, the 21st legislative day.

     Which motion prevailed.

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


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1308, which was reconsidered, and returns the same with the recommendation that said bill be referred to the Committee on Commerce.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1230 and returns the same with the recommendation that said bill be amended as follows:

1230ja

    On page 1, line 4, of the printed bill, delete "two million dollars" and insert "one dollar ($ 1 )".

    On page 1, line 5, delete "($2,000,000)".

1230jb

    On page 1, line 6, of the printed bill, after "multidistrict" insert "or career and technical education consortium".

    On page 1, line 13, delete "multidistrict".

    On page 1, line 13, delete "only" and insert "a majority of".

1230jta

    On page 1, line 2, of the printed bill, delete "multidistrict".

    And that as so amended said bill be referred to the Committee on Appropriations with a DO PASS RECOMMENDATION.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1251 and returns the same with the recommendation that said bill be amended as follows:

1251fa

    On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. It is in the public interest that the South Dakota Building Authority contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering services, and such other services as may be required to construct a new facility for the higher education center--west river, in Rapid City, Pennington County, at an estimated cost of fifteen million four hundred thirty-eight thousand five hundred dollars. The South Dakota Building Authority may finance up to fifteen million four hundred thirty-eight thousand five hundred dollars of the construction costs through the issuance of revenue bonds, in accordance with this Act and chapter 5-12, with the remainder to be provided from grants or donations.

     Section 2. The Board of Regents may accept a donation of a site comprising twelve acres more or less for the higher education center--west river from within a tract described as follows: A tract of land situated in Section 27, Township 2 North, Range 8 East of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section ¼ Corner common to Sections 27 and 28, thence N67°26'47"W, a distance of 586.94 feet, to the point of beginning. Thence, first course: N89°51'35"W, a distance of 812.52 feet; Thence, second course: N00°08'25"E, a distance of 101.13 feet; Thence, third course: N42°04'51"E, a distance of 200.57 feet; Thence, fourth course: N04°15'17"W, a distance of 139.40 feet; Thence, fifth course: N28°03'24"W, a distance of 124.92 feet, to a point on the southerly edge of Chicago and North Western Railroad Right-of-Way; Thence, sixth course: along the southerly edge of said Railroad Right-of-way, curving to the left, on a curve with a radius of 5779.58 feet, a delta angle of 07°34'45", a length of 764.53 feet, a chord bearing of N58°09'28"E, and chord distance of 763.98 feet; Thence, seventh course: curving to the right, on a curve with a radius of 462.00 feet, a delta angle of 03°55'30", a length of 31.65 feet, a chord bearing of S36°20'35"E, and chord distance of 31.64 feet; Thence, eighth course: curving to the left, on a curve with a radius of 55.00 feet, a delta angle of 77°48'49", a length of 74.70 feet, a chord bearing of S24°34'19"E, and chord distance of 69.09 feet; Thence, ninth course: curving to the right, on a curve with a radius of 30.00 feet, a delta angle of 40°07'48", a length of 21.01 feet, a chord bearing of S43°24'49"E, and chord distance of 20.59 feet; Thence, tenth course: curving to the right, on a curve with a radius of 462.00 feet, a delta angle of 23°29'20", a length of 189.40 feet, a chord bearing of S11°36'15"E, and chord distance of 188.08 feet; Thence, eleventh course: S00°08'25"W, a distance of 616.80 feet, to the point of beginning.

     The authorization granted by this section is contingent upon the preparation of a plat of the tract to be donated and delivery of an instrument of transfer that can be recorded.

     Section 3. Notwithstanding the limitations of §  5-2-1, and using other funds at its disposal, the Board of Regents may buy an option or a right of first refusal to purchase contiguous lands comprising approximately nineteen acres, provided that no purchase or other acquisition may take place without the prior authorization of the Legislature.

     Section 4. No indebtedness, bond, or obligation incurred or created under the authority of this Act may be or may become a lien, charge, or liability against the State of South Dakota, nor

against the property or funds of the State of South Dakota within the meaning of the Constitution or statues of the state.

     Section 5. The South Dakota Building Authority and the Board of Regents may accept, transfer, and expend any property or funds obtained for these purposes from federal sources, gifts, contributions, or any other source, all of which shall comprise a special fund for the benefitted project and all monies deposited into that fund are hereby appropriated to the projects authorized by this Act.

     Section 6. The administration of the design and construction of the projects authorized in this Act shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14. The executive director of the Board of Regents and the executive secretary of the South Dakota Building Authority shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 7. The Board of Regents may make and enter into a lease agreement with the Building Authority and make rental payments under the terms thereof, pursuant to chapter 5-12, from appropriations to be made by the Legislature for the payment of such rent and to support the construction, completion, furnishing, equipping, and payment of revenue bonds issued pursuant to this Act to fund thirteen million thirty-eight thousand five hundred dollars of the construction cost, and from the higher education facilities fund to retire bonds issued to fund two million four hundred thousand dollars of the construction cost."

    And that as so amended said bill be referred to the Committee on Appropriations with a DO PASS RECOMMENDATION.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008, 1009, 1026, 1055, 1056, 1057, 1072, 1114, 1118, 1126, and 1182 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1030, 1038, 1042, 1059, 1060, and 1119 were delivered to his Excellency, the Governor, for his approval at 2:10 p.m., February 7, 2008.

Respectfully submitted,
Thomas J. Deadrick, Chair


SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1008: FOR AN ACT ENTITLED, An Act to  update and revise certain provisions relating to the Abstracters' Board of Examiners.

     HB 1009: FOR AN ACT ENTITLED, An Act to  revise provisions relating to persons engaged in the business of money transmission.

     HB 1026: FOR AN ACT ENTITLED, An Act to  revise certain provisions and procedures concerning elections.

     HB 1055: FOR AN ACT ENTITLED, An Act to  revise the penalty for leaving the brand inspection area without a brand inspection.

     HB 1056: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to holds on livestock sales and the transporting of livestock out of the ownership inspection area.

     HB 1057: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding eligibility for open market status for the purposes of brand inspection.

     HB 1072: FOR AN ACT ENTITLED, An Act to  revise the intent of the appointments of panels for voluntary review of certain first level health care decisions.

     HB 1114: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the definition and operation of farm wineries.

     HB 1118: FOR AN ACT ENTITLED, An Act to  authorize the issuance of special off-sale package wine dealers licenses.

     HB 1126: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the issuance of on-sale wine licenses and the sale of wine.

     HB 1182: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to property tax assessments for elderly and disabled persons.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:30 p.m. the House adjourned.

Karen Gerdes, Chief Clerk