House of Representatives Journal 2/3/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 3, 2010

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

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House pages Desirae VanZee and Whitney Vos.

Roll Call: All members present except Reps. Jensen and Ryan Olson 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 fourteenth 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,

Timothy A. Rave, Chair

Which motion prevailed.

Rep. Van Gerpen introduced the 2008-2009 Outstanding School Administrators of South Dakota: Don Kirkegaard, Britton-Hecla, School Superintendent; Sherry Hansen, Tripp-Delmont, School Business Official; Dr. Jackie McNamara, Sioux Falls, Elementary School Principal; Jerry Rasmussen, Dakota Valley, Secondary School Principal; Dr. Debra Johnson, Chamberlain, Middle School Principal; Don Lyon, Meade, Assistant Secondary Principal; Darci Love, Huron, Curriculum Director; and John Fathke, South Central Ed Coop, Director of Special Education.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1190 and returns the same with the recommendation that said bill be amended as follows:

On page 7, after line 18 of the printed bill, insert:

" Section 4. That § 13-55-34 be amended to read as follows:

13-55-34. In order to maintain eligibility, a student shall:

(1) Maintain a cumulative 3.0 grade point average on a 4.0 scale. Cumulative grade point average shall be calculated after the second semester and every semester thereafter. The student shall complete consecutive spring and fall terms in order to remain eligible for continuation of the scholarship program from term to term. A student whose cumulative grade point average falls below 3.0 on a 4.0 scale shall forfeit the scholarship for the subsequent semester and for subsequent semesters until the student has reestablished eligibility. To reestablish eligibility, the student shall comply with all course load, enrollment, and proficiency examination requirements for continued eligibility stated in §§ 13-55-30 to 13-55-35, inclusive, and the student shall achieve a cumulative grade point average of 3.0, or greater, on a 4.0 scale. The scholarship shall be reinstated beginning the semester following that in which the student achieves a cumulative grade point average of 3.0, or greater, on a 4.0 scale. Reinstatement of a scholarship does not extend the time allowed under the scholarship program; any scholarship award forfeited cannot be reclaimed after a student has regained eligibility. A student whose cumulative grade point average falls below 3.0 on a 4.0 scale a second time forfeits the scholarship for all subsequent semesters;

(2) ~~Complete fifteen credit hours of instruction per semester. The student shall enroll~~

(a) Enroll in and complete at least fifteen credit hours of instruction in each consecutive spring and fall term if the student completed ninth grade prior to the 2010-2011 school year; or

(b) Enroll in and complete at least thirty credit hours of instruction in each academic year if the student completed ninth grade in the 2010-2011 school year or thereafter. For purposes of this subdivision, an academic year consists of consecutive fall and spring terms.

If the executive director of the Board of Regents determines that a student's failure to enroll or to maintain continued enrollment occurred as a direct result of legitimate factors outside the student's control, or has resulted from the student's participation in an activity that in the executive director's judgment provides knowledge or experience that will enhance the student's academic pursuits, the executive director may extend the student's eligibility to participate in the program for up to two additional years, if the student does not enroll in a noneligible institution; and

(3) Sit for and pass all sections of a college proficiency exam as required by Board of Regents Policy Number 2.28 as in effect on January 1, 2003, at the end of the sophomore year. The Board of regents may review and adjust the proficiency examinations administered in keeping with sound academic practice. If such changes are made, the Board of Regents shall notify all eligible institutions of new testing standards or requirements. If the student fails to pass the proficiency examinations the first time, eligibility is forfeited for continuation in the scholarship program. ".

On page 6, line 17, of the printed bill, delete everything after "of" and insert "either of the following or a combination of the two:".

On page 6, after line 19, insert:

" Approval for a career and technical education course must be obtained through an application process with the Department of Education. The department shall meet with the Board of Regents to determine final course approval.".

On page 5, line 8, of the printed bill, after "Education.", insert "The Department of Education shall meet with the Board of Regents to determine final course approval.".

On page 7, line 12, after "Education.", insert "The Department of Education shall meet with the Board of Regents to determine final course approval.".

On page 1, line 1, of the printed bill, after "requirements" insert "and the requirements necessary to maintain eligibility".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the Senate Education Committee engrossed bill, delete "January 1, 2011" and insert "July 1, 2011".

On page 1, line 5, after "establish" insert "minimum professional performance".

On page 1, line 5, delete "teaching" and insert "certified teachers".

On page 1, line 5, after "schools" insert ", and to establish best practices for the evaluation of the performance of certified teachers that may be used by individual school districts".

On page 1, line 5, delete "The".

On page 1, delete lines 6 to 8, inclusive.

On page 1, after line 11, insert:

" Each school district shall adopt procedures for evaluating the performance of certified teachers employed by the school district that:

(1) Are based on the minimum professional performance standards established by the Board of Education pursuant to section 1 of this Act;

(2) Require multiple measures;

(3) Serve as the basis for programs to increase professional growth and development of certified teachers; and

(4) Include a plan of assistance for any certified teacher, who is in the fourth or subsequent year of teaching, and whose performance does not meet the school district's performance standards.".

On page 2, delete lines 10 to 14, inclusive, and insert:

" Section 4. Nothing in this Act may diminish a school district's right to not renew a teacher's contract pursuant to § 13-43-6.3.".

On page 1, line 1, of the Senate Education Committee engrossed bill, delete "an annual".

On page 1, line 2, delete the first "evaluation" and insert "evaluations".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1175 which was tabled.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1097 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, delete "below cost" and insert "nominally priced".

On page 1, line 8, before "entity" insert "unaffiliated".

On page 1, line 13, delete "offense" and insert "day there is a violation of section 1 of this Act".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1046 which was tabled.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1004 and 1189 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1137 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1151 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, after "chapel" insert "where no embalming is permitted".

On page 2, delete lines 17 to 24, inclusive.

On page 3, delete line 1.

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1079 and 1080 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1078 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1117 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 20, of the printed bill, delete "bus drivers,".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1111 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1030 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 26, 47, 48, and 63 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Urging the Bureau of Indian Education and other federal and state agencies to provide for the design and implementation of appropriate measures of adequate yearly progress for Native American students under the No Child Left Behind Act.

Rep. Killer moved that HCR 1007 as found on pages 259 and 260 of the House Journal be adopted.

The question being on Rep. Killer's motion that HCR 1007 be adopted.

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Greenfield

Excused:
Jensen; Olson (Ryan)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1007 was adopted.

SCR 1: A CONCURRENT RESOLUTION, Opposing the government takeover of health care as currently proposed by Congress and encouraging preservation of states' rights regarding health care regulation.

Rep. Steele moved that SCR 1 as found on pages 163 and 164 of the Senate Journal be concurred in.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being on Rep. Steele's motion that SCR 1 be concurred in.

And the roll being called:

Yeas 44, Nays 24, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Excused:
Jensen; Olson (Ryan)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

Rep. Faehn moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Thursday, February 4^th, the 16^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1120 as found on page 254 of the House Journal; also

Local Government on HB 1082 as found on page 255 of the House Journal; also

Transportation on HB 1130 as found on page 256 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1251 Introduced by: Representatives Nygaard, Gibson, and Thompson and Senators Merchant, Ahlers, and Maher

FOR AN ACT ENTITLED, An Act to provide for delivery of alcoholic beverages to the consumer by certain off-sale and package retailers.

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

HB 1252 Introduced by: Representatives Gibson, Burg, Feickert, Hunhoff (Bernie), Kirkeby, Lederman, Nygaard, and Thompson and Senators Hansen (Tom) and Fryslie

FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment in lieu of taxes for certain housing projects exempt from property taxation.

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

HB 1253 Introduced by: Representatives Bolin, Engels, Jensen, Juhnke, Kopp, and Lederman and Senators Maher, Gillespie, Kloucek, and Nelson

FOR AN ACT ENTITLED, An Act to refer to a vote of the people a bill to authorize smoking in certain establishments under certain conditions.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1254 Introduced by: Representatives Hoffman, Bolin, Greenfield, Hamiel, Kirkeby, Kopp, Krebs, Moser, Romkema, and Turbiville and Senators Gant, Brown, and Hundstad

FOR AN ACT ENTITLED, An Act to permit the assignment of certain funeral benefits.

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

HB 1255 Introduced by: Representatives Feinstein, Blake, Dennert, Elliott, Feickert, Kirschman, Lange, Nygaard, Schrempp, Solberg, Sorenson, Thompson, and Vanderlinde and Senators Merchant, Hanson (Gary), Jerstad, and Kloucek

FOR AN ACT ENTITLED, An Act to lower the state sales and use tax on certain food items and to increase the rate of taxation for the sales and use tax on certain goods and services.

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

HB 1256 Introduced by: Representatives Cutler, Engels, Hunhoff (Bernie), and Tidemann and Senators Dempster, Heidepriem, Jerstad, and Vehle

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the enforcement of the requirement to wear a seat belt in a motor vehicle.

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

HB 1257 Introduced by: Representatives Cutler, Fargen, and Rave and Senators Rhoden, Dempster, Fryslie, and Gillespie

FOR AN ACT ENTITLED, An Act to remove certain provisions relating to countersignatures for insurance producers.

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

HB 1258 Introduced by: Representatives Krebs, Brunner, Cronin, Curd, Faehn, Olson (Ryan), Putnam, and Turbiville and Senators Vehle, Abdallah, Ahlers, Nelson, Tieszen, and Turbak Berry

FOR AN ACT ENTITLED, An Act to authorize grants and loans from the revolving economic development and initiative fund to certain venture capital funds and to establish a certification process for capital venture funds and for businesses seeking financial assistance from these capital venture funds.

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

HB 1259 Introduced by: Representatives Kirkeby, Brunner, Feickert, Gibson, Hamiel, Hoffman, Jensen, Lederman, McLaughlin, Nygaard, Rausch, Sly, and Verchio and Senators Adelstein, Abdallah, Bradford, Fryslie, Gant, Haverly, Kloucek, Maher, and Rhoden

FOR AN ACT ENTITLED, An Act to allow school districts to charge students a fee to participate in interscholastic activities for which no academic credit is earned.

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

HB 1260 Introduced by: Representatives Russell and Verchio and Senator Howie

FOR AN ACT ENTITLED, An Act to revise the definition of federal law enforcement officer to include certain United States Forest Service personnel.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1261 Introduced by: Representatives Faehn, Noem, and Rave and Senators Knudson, Dempster, and Gray

FOR AN ACT ENTITLED, An Act to provide for the adjustment of appropriated moneys to projected available revenues.

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

HB 1262 Introduced by: Representatives Lederman, Bolin, Burg, Cronin, Dennert, Fargen, Feickert, Frerichs, Lange, McLaughlin, Putnam, Solberg, and Street and Senators Merchant, Bartling, Fryslie, Hansen (Tom), Hanson (Gary), and Maher

FOR AN ACT ENTITLED, An Act to adjust certain registration fees for the use of motor vehicles on the public highways.

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

HB 1263 Introduced by: Representatives Noem, Faehn, Greenfield, Kirkeby, Lust, Moser, Rave, Solum, and Tidemann and Senators Rhoden, Abdallah, Garnos, and Gray

FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the terms of wind easements and wind energy leases.

Was read the first time and referred to the Committee on State Affairs.

HB 1264 Introduced by: Representatives Schrempp, Bolin, Cronin, Fargen, Frerichs, Hoffman, Killer, Lange, Lucas, Olson (Betty), Romkema, Russell, Sly, Solberg, Sorenson, and Verchio and Senators Bartling, Bradford, Kloucek, Maher, and Rhoden

FOR AN ACT ENTITLED, An Act to provide for the issuance of free antlerless deer licenses to certain landowners and lessees.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1265 Introduced by: Representatives Gibson, Feickert, Hunhoff (Bernie), Kirkeby, Lederman, Nygaard, Solum, and Thompson and Senators Hansen (Tom) and Fryslie

FOR AN ACT ENTITLED, An Act to revise certain provisions related to indigent counsel.

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

HB 1266 Introduced by: Representatives Kirkeby, Bolin, Brunner, Cutler, Deadrick, Engels, Gibson, Hamiel, Hoffman, Hunhoff (Bernie), Jensen, Kopp, Lucas, McLaughlin, Moser, Nygaard, Olson (Betty), Rave, Romkema, Schlekeway, Sly, Solberg, Sorenson, Steele, Thompson, Turbiville, Vanderlinde, and Wink and Senators Rhoden, Abdallah, Ahlers, Bartling, Jerstad, Maher, and Schmidt

FOR AN ACT ENTITLED, An Act to assess and tax certain outdoor sign structures as real property.

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

HB 1267 Introduced by: Representatives Rounds, Brunner, Fargen, Gosch, Greenfield, Hoffman, Jensen, Kirkeby, Kopp, Nygaard, Rausch, and Verchio and Senators Maher, Nelson, and Turbak Berry

FOR AN ACT ENTITLED, An Act to create a new malt beverage retailer licenses that has certain membership and age requirements.

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

HB 1268 Introduced by: Representatives Fargen, Bolin, Dennert, Feickert, Frerichs, Hamiel, Hoffman, Hunhoff (Bernie), Killer, Kirkeby, Moser, Olson (Betty), Rausch, Schlekeway, and Verchio and Senators Heidepriem, Ahlers, Bradford, Hansen (Tom), Hanson (Gary), Hundstad, Maher, Novstrup (Al), and Olson (Russell)

FOR AN ACT ENTITLED, An Act to establish certain requirements and safeguards relating to wind easements and wind energy leases.

Was read the first time and referred to the Committee on State Affairs.

HB 1269 Introduced by: Representatives Fargen, Frerichs, Hunhoff (Bernie), Kirkeby, Rausch, Schlekeway, and Street and Senators Heidepriem, Ahlers, Bradford, Hansen (Tom), Hanson (Gary), Merchant, and Olson (Russell)

FOR AN ACT ENTITLED, An Act to require the installation of ethanol blender pumps in certain state-operated fueling facilities and to make an appropriation therefor.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1270 Introduced by: Representatives Killer, Hunhoff (Bernie), Iron Cloud III, and Lucas and Senator Bradford

FOR AN ACT ENTITLED, An Act to revise the conditions pursuant to which the state may enter into tax collection agreements with Indian tribes.

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

HB 1271 Introduced by: Representatives Killer and Iron Cloud III and Senator Bradford

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the information displayed on a noncommercial motor vehicle license plate.

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

HB 1272 Introduced by: Representatives Hunt, Bolin, Brunner, Fargen, Feickert, Frerichs, Greenfield, Hoffman, Jensen, Kirkeby, Kirschman, Olson (Betty), Russell, Schlekeway, Solum, Steele, and Verchio and Senators Howie, Abdallah, Bartling, Fryslie, Kloucek, Maher, and Peterson

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding paternity and termination of parental rights.

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

HB 1273 Introduced by: Representatives Frerichs, Blake, Boomgarden, Brunner, Burg, Dennert, Fargen, Feickert, Gibson, Hoffman, Hunhoff (Bernie), Iron Cloud III, Killer, Kirkeby, Kirschman, Lange, Lederman, Lucas, Moser, Nygaard, Rausch, Schlekeway, Sorenson, Street, Thompson, Van Gerpen, Vanderlinde, Vanneman, and Wismer and Senators Ahlers, Abdallah, Bradford, Gant, Gillespie, Hansen (Tom), Hanson (Gary), Heidepriem, Hundstad, Jerstad, Kloucek, Maher, Merchant, Miles, Nesselhuf, Olson (Russell), and Peterson

FOR AN ACT ENTITLED, An Act to restrict certain state purchases of gasoline to ethanol blends.

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

HB 1274 Introduced by: Representatives Frerichs, Feickert, Kirkeby, Kopp, Lucas, Noem, Peters, Schrempp, Van Gerpen, and Verchio and Senators Hanson (Gary), Ahlers, Bradford, and Schmidt

FOR AN ACT ENTITLED, An Act to repeal certain restrictions relating to the location of apiaries.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1275 Introduced by: Representative Dennert and Senator Hundstad

FOR AN ACT ENTITLED, An Act to extend the age limit for cochlear implants.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1276 Introduced by: Representatives Iron Cloud III, Blake, Burg, Cutler, Dennert, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hamiel, Hunhoff (Bernie), Juhnke, Killer, Kirkeby, Kirschman, Lange, Lucas, Schrempp, Solberg, Sorenson, Street, Thompson, and Vanderlinde and Senators Bradford, Ahlers, Hanson (Gary), Heidepriem, Hundstad, Jerstad, Maher, Novstrup (Al), and Tieszen

FOR AN ACT ENTITLED, An Act to create a task force to study the functioning of the Office of Tribal Government Relations.

Was read the first time and referred to the Committee on State Affairs.

HJR 1006 Introduced by: Representatives Noem and Rausch and Senator Gray

A JOINT RESOLUTION, Proposing a constitutional amendment to revise the legislative vote required to impose, increase, or authorize taxes.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 26: FOR AN ACT ENTITLED, An Act to make an additional appropriation to the Board of Regents to construct an addition to the Northern State University Joseph H. Barnett Center.

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

SB 47: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2010 state aid to special education appropriation to fiscal year 2011.

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

SB 48: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

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

SB 63: FOR AN ACT ENTITLED, An Act to provide for the establishment of a pilot charter school in South Dakota if the Department of Education receives a federal grant to fund it.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1076: FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the testimony of sex offense victims and to evidence of a victim's prior sexual conduct in coordination with the adoption of certain evidentiary rules by the Supreme Court.

Was read the second time.

The question being "Shall HB 1076 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Verchio

Excused:
Jensen; Olson (Ryan)

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 39: FOR AN ACT ENTITLED, An Act to provide for the continuation of the minimum monthly fee charged for care at the Human Services Center.

Was read the second time.

The question being "Shall SB 39 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III

Excused:
Jensen; Olson (Ryan)

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 40: FOR AN ACT ENTITLED, An Act to provide for the suspension of certain licenses and registrations relating to dentistry for failure to renew the license or registration.

Was read the second time.

The question being "Shall SB 40 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Jensen; Olson (Ryan)

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding fees for health services provided to South Dakota injured workers treated by out-of-state medical providers.

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

The question being "Shall HB 1118 pass as amended?"

And the roll being called:

Yeas 54, Nays 12, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Faehn; Fargen; Feickert; Frerichs; Gibson; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Elliott; Engels; Feinstein; Gosch; Killer; Lucas; Nygaard; Schrempp; Solberg; Street; Thompson; Vanderlinde

Excused:
Hoffman; Jensen; Noem; Olson (Ryan)

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

Speaker Pro tempore Rausch now presiding.

HB 1099: FOR AN ACT ENTITLED, An Act to permit taxing districts to revise the base amount of revenue payable from property taxes.

Was read the second time.

Rep. Deadrick moved that HB 1099 be amended as follows:

On page 3, line 8, of the House Taxation Committee engrossed bill, after "." insert "No taxing district may reestablish the base amount of revenue payable from property taxes pursuant to section 1 of this Act unless at the referendum election at least sixty percent of the voters voting upon the question vote in favor of reestablishing the property tax base.".

Which motion prevailed.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1099 pass as amended?"

And the roll being called:

Yeas 32, Nays 36, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Carson; Cronin; Cutler; Deadrick; Gosch; Hamiel; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lange; Lederman; Lucas; Lust; McLaughlin; Nygaard; Pitts; Rausch; Romkema; Schlekeway; Sly; Solum; Steele; Thompson; Tidemann; Turbiville; Vanneman; Verchio; Wismer

Nays:
Blake; Bolin; Burg; Conzet; Curd; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Hoffman; Hunhoff (Bernie); Hunt; Kirschman; Krebs; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Putnam; Rounds; Russell; Schrempp; Solberg; Sorenson; Street; Van Gerpen; Vanderlinde; Wink; Speaker Rave

Excused:
Jensen; Olson (Ryan)

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

HB 1027: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a visitor center on the grounds of McCrory Gardens on the campus of South Dakota State University, to accept donations for such purpose, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1027 pass as amended?"

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Brunner; Moser; Russell; Verchio

Excused:
Jensen; Olson (Ryan)

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.

Speaker Rave now presiding.

HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a previous appropriation for National Guard armory construction.

Was read the second time.

The question being "Shall HB 1048 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Russell

Excused:
Jensen; Olson (Ryan)

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 1052: FOR AN ACT ENTITLED, An Act to revise the definition of full-time equivalent to exclude students employed by public postsecondary institutions.

Was read the second time.

Rep. Noem moved the previous question.

Which motion prevailed.

The question being "Shall HB 1052 pass as amended?"

And the roll being called:

Yeas 46, Nays 22, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Faehn; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Excused:
Jensen; Olson (Ryan)

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 1056: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

Was read the second time.

The question being "Shall HB 1056 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Jensen; Olson (Ryan); Rausch

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 1108: FOR AN ACT ENTITLED, An Act to revise the definition of general fund base percentage in the calculation of state aid to education.

Was read the second time.

The question being "Shall HB 1108 pass as amended?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Gosch; Kopp; Lucas; Verchio

Excused:
Feinstein; Jensen; Olson (Ryan)

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 1147: FOR AN ACT ENTITLED, An Act to permit townships to provide certain health, life, and disability income insurance benefits.

Was read the second time.

The question being "Shall HB 1147 pass as amended?"

And the roll being called:

Yeas 17, Nays 49, Excused 4, Absent 0

Yeas:
Brunner; Deadrick; Elliott; Fargen; Feickert; Feinstein; Frerichs; Hunt; Juhnke; Kirschman; Krebs; Lucas; Rounds; Solum; Steele; Van Gerpen; Speaker Rave

Nays:
Blake; Bolin; Boomgarden; Burg; Carson; Conzet; Cronin; Curd; Dennert; Engels; Faehn; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kopp; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer

Excused:
Cutler; Jensen; Olson (Ryan); Sorenson

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

HB 1073: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to a court's continuing jurisdiction to revoke probation or a suspended execution of sentence.

Was read the second time.

The question being "Shall HB 1073 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III

Excused:
Cutler; Jensen; Olson (Ryan)

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 1077: FOR AN ACT ENTITLED, An Act to enact a procedure for delayed appeal if the petitioner was unconstitutionally denied the right of appeal.

Was read the second time.

Rep. Lust moved that HB 1077 be amended as follows:

On page 1, line 8, of the House Judiciary Committee engrossed bill, delete "a" and insert "one year from the date on which the facts supporting the claim or claims presented are discovered or reasonably could have been discovered".

On page 1, line 9, delete "reasonable time".

Which motion prevailed.

The question being "Shall HB 1077 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Cutler; Jensen; Olson (Ryan)

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 1081: FOR AN ACT ENTITLED, An Act to revise certain court automation surcharges and to declare an emergency.

Was read the second time.

Rep. Faehn moved that HB 1081 be deferred to Thursday, February 4^th, the 16^th legislative day.

Which motion prevailed.

HB 1109: FOR AN ACT ENTITLED, An Act to revise certain provisions of the Uniform Limited Liability Company Act and to provide for certain filing fees relevant thereto.

Was read the second time.

The question being "Shall HB 1109 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Cutler; Jensen; Olson (Ryan)

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 1058: FOR AN ACT ENTITLED, An Act to restructure the South Dakota Weed and Pest Control Commission.

Was read the second time.

The question being "Shall HB 1058 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Jensen; Olson (Ryan); Tidemann

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 1101: FOR AN ACT ENTITLED, An Act to provide for restructuring the membership of the Corn Utilization Council.

Was read the second time.

The question being "Shall HB 1101 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Jensen; Olson (Ryan); Tidemann

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 1185: FOR AN ACT ENTITLED, An Act to provide property tax benefits to the surviving spouses of certain disabled veterans.

Was read the second time.

Rep. Faehn moved that the balance of the calendar including HB 1185, 1202, 1128, and 1149 and SB 23 and 13 be deferred to Thursday, February 4^th, the 16^th 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 1030 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1030: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:41 p.m. the House adjourned.

Karen Gerdes, Chief Clerk