House of Representatives Journal 2/9/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 9, 2010

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

The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by House pages Shalayna Croft and Heather Disbrow.

Roll Call: All members present except Rep. Iron Cloud III who was 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 sixteenth 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.

The oath of office was administered by Speaker Rave to the following named pages:

Shalayna Ackley (Croft), Heather Disbrow, Reba Jongeling, Kirby Krogman, Sara Lewis, Baylee Obermeier, Tiffany Ortman, Felicia Reimann, Leah Rommereim, Lexy Schuman, Michael Stockert, Ashely Taylor, David Trupe, Lindsay Veflin, Shane Wittmeier.

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 9, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 8, 2010, I approved House Bills 1020, 1022, 1023, and 1049, 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 Health and Human Services respectfully reports that it has had under consideration HB 1183 and returns the same with the recommendation that said bill be amended as follows:

1183ja

On page 1, line 3, of the printed bill, delete "Notwithstanding § 34-12-7, any" and insert "Any".

On page 1, line 5, after "Centers" insert ", and is licensed by the state in accordance with chapter 34-12,".

On page 1, after line 6, insert:

" Section 2. That § 34-12-1.1 be amended to read as follows:

34-12-1.1. Terms used in this chapter mean:

(1) "Ambulatory surgery center," any facility which is not part of a hospital and which is not an office of a dentist, whether for individual or group practice, in which surgical procedures requiring the use of general anesthesia are performed upon patients;

(2) "Assisted living center," any institution, rest home, boarding home, place, building, or agency which is maintained and operated to provide personal care and services which meet some need beyond basic provision of food, shelter, and laundry;

(3) "Chemical dependency treatment facility," any facility which provides a structured inpatient treatment program for alcoholism or drug abuse;

(4) "Health care facility," any institution, sanitarium, maternity home, birth center, ambulatory surgery center, chemical dependency treatment facility, hospital, nursing facility, assisted living center, rural primary care hospital, adult foster care home, inpatient hospice, residential hospice, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization, nursing care, or supervised care of the sick or injured;

(5) "Hospital," any establishment with an organized medical staff with permanent facilities that include inpatient beds and is primarily engaged in providing by or under the supervision of physicians, to inpatients, any of the following services: diagnostic or therapeutic services for the medical diagnosis, treatment, or care of injured, disabled, or sick persons; obstetrical services including the care of the newborn; or rehabilitation services for injured, disabled, or sick persons. In no event may the inpatient beds include nursing facility beds or assisted living center beds unless the same are licensed as such pursuant to this chapter;

(6) "Maternity home," any institution, place, building, or agency in which, within a period of six months, more than one woman, during pregnancy, or during or after delivery, except women related by blood or marriage, are kept for care or treatment; or which has in its custody or control at any one time, two or more infants under the age of two years, unattended by parents or guardians, for the purpose of providing them with care, food, and lodging, except infants related to the one having such custody or control by blood or marriage;

(7) "Nursing facility," any facility which is maintained and operated for the express or implied purpose of providing care to one or more persons whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician on a twenty-four hour per day basis; or a facility which is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who do not require the degree of care and treatment which a hospital is designed to provide, but who because of their mental or physical condition require medical care and health services which can be made available to them only through institutional facilities;

(8) "Critical access hospital," any nonprofit or public hospital providing emergency care on a twenty-four hour basis located in a rural area which has limited acute inpatient services, focusing on primary and preventive care, and which has in effect an agreement with a general hospital that provides emergency and medical backup services and accepts patient referrals from the critical access hospital. For the purposes of this subdivision, a rural area is any municipality of under fifty thousand population;

(9) "Adult foster care home," a family-style residence which provides supervision of personal care, health services, and household services for no more than four aged, blind, physically disabled, developmentally disabled, or socially-emotionally disabled adults;

(10) "Inpatient hospice," any facility which is not part of a hospital or nursing home which is maintained and operated for the express or implied purpose of providing all levels of hospice care to terminally ill individuals on a twenty-four hour per day basis; ~~and~~

(11) "Residential hospice," any facility which is not part of a hospital or nursing home which is maintained and operated for the express or implied purpose of providing custodial care to terminally ill individuals on a twenty-four hour per day basis;

(12) "Birth center," a homelike facility existing within a health care system with a program of care designed in the wellness model of pregnancy and birth that provides family-centered care for healthy women before, during, and after normal pregnancy, labor, and birth. ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1204 which was tabled.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1203 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1121, 1139, and 1146 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1241 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1239 and returns the same with the recommendation that said bill be amended as follows:

1239fa

On page 1, line 10, of the printed bill, delete "county road" and insert "secondary road located within an unorganized township".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1174 and 1196 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1042 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1153 which was tabled.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1182 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

MOTIONS AND RESOLUTIONS

HCR 1006: A CONCURRENT RESOLUTION, Urging the United States Forest Service, the National Park Service, the Bureau of Land Management, and other federal agencies to actively manage mountain pine beetle infestations on lands under their control in South Dakota.

Rep. Brunner moved that HCR 1006 as found on pages 214 and 215 of the House Journal be adopted.

The question being on Rep. Brunner's motion that HCR 1006 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); 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:
Iron Cloud III

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

HCR 1008 Introduced by: Representatives Rausch, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Curd, Deadrick, Faehn, Gosch, Greenfield, Hamiel, Hoffman, Hunt, Juhnke, Kirkeby, Kopp, Krebs, Lederman, Lust, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Peters, Pitts, Putnam, Rave, Romkema, Rounds, Russell, Schlekeway, Sly, Solum, Steele, Tidemann, Turbiville, Van Gerpen, Vanneman, Verchio, and Wink and Senators Brown, Haverly, Maher, Olson (Russell), and Peterson

A CONCURRENT RESOLUTION, Urging Congress to oppose current energy and climate legislation under consideration in the United States Senate.

WHEREAS, Congress is considering the passage of H.R. 2454 and S. 1733, known respectively as the Waxman-Markey Bill and the Kerry-Boxer Bill, but has not yet enacted legislation; and

WHEREAS, the cap-and-trade provisions of these bills would have a negative effect on agriculture, manufacturing, and small business in South Dakota; and

WHEREAS, the cap-and-trade provisions would negatively impact South Dakota farmers and ranchers who need fuel for their vehicles and equipment and fertilizer for their fields and largely rely on affordable electricity in their operations; and

WHEREAS, the cap-and-trade provisions would impact South Dakota consumers by substantially reducing South Dakotans' disposable income due to the impact that higher energy prices would have on the prices of all goods and services; and

WHEREAS, a cap-and-trade system would create an artificial market, which would require a government regulator to oversee the system and still be susceptible to market manipulation and speculation; and

WHEREAS, the cap-and-trade provisions would cost jobs as in the way that the Big Stone II power plant project in northeastern South Dakota was recently abandoned due to utility and investor uncertainty given the looming federal cap-and-trade threat; and

WHEREAS, the cap-and-trade provisions would place the United States at a competitive economic disadvantage, since other carbon-intensive, fast-growing economies in the developing world are unwilling to take the same measures:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly opposes current energy and climate legislation; and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Majority Leader and Minority Leader of the United States Senate, the President of the United States Senate, the Speaker of the United States House of Representatives, the Chairman of the Senate Environment and Public Works Committee, the Chairman of the Senate Energy and Natural Resources Committee, and to each member of South Dakota's congressional delegation.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1102 as found on pages 308 and 309 of the House Journal; also

Agriculture and Natural Resources on HB 1127 as found on pages 309 and 310 of the House Journal; also

Local Government on HB 1214 as found on page 310 of the House Journal; also

Transportation on HB 1171 as found on pages 313 and 314 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1137: FOR AN ACT ENTITLED, An Act to permit the secretary of state to cancel a trademark or service mark registration under certain conditions.

Was read the second time.

The question being "Shall HB 1137 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Iron Cloud III

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 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding court records inspection and copying.

Was read the second time.

The question being "Shall HB 1078 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Iron Cloud III

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 1151: FOR AN ACT ENTITLED, An Act to authorize funeral establishments to operate branch chapels.

Was read the second time.

The question being "Shall HB 1151 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Iron Cloud III

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 1096: FOR AN ACT ENTITLED, An Act to revise the penalty for an open burning violation in the Black Hills Forest Fire Protection District.

Was read the second time.

The question being "Shall HB 1096 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Iron Cloud III

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 1166: FOR AN ACT ENTITLED, An Act to clarify the locations where the local boards of equalization may meet.

Was read the second time.

The question being "Shall HB 1166 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Iron Cloud III

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

Rep. Faehn moved that HB 1060 be placed to follow HB 1125 on today's calendar.

Which motion prevailed.

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the days and hours that alcoholic beverages may be sold on a licensed premise and who may sell, serve, or dispense alcoholic beverages on a licensed premise and to revise certain provisions concerning the power of municipalities and counties to regulate the sale and use of alcoholic beverages.

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

The question now being on Rep. Rounds' pending motion to amend HB 1002 as found on page 258 of the House Journal.

1002fh

Rep. Gosch moved as a substitute motion that HB 1002 be amended as follows:

On page 1 of the House Commerce Committee engrossed bill, delete lines 7 to 12, inclusive, and insert:

" Section 1. That § 35-4-81 be amended to read as follows:

35-4-81. No on-sale or off-sale licensee, licensed under subdivisions 35-4-2(3), (4), (5), (6), (9), (11), ~~and~~ (13), or (18), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of two a.m. and seven a.m. or on Sunday after two a.m., on Memorial Day after two a.m., or at any time on Christmas Day. However, any municipality or county may, by ordinance, allow the sale of alcoholic beverages on Sundays and Memorial Day. A violation of this section is a Class 2 misdemeanor. ".

On page 2, delete lines 6 to 11, inclusive, and insert:

" Section 3. That § 35-4-81.2 be amended to read as follows:

35-4-81.2. No licensee licensed under subdivisions 35-4-2(12), (16) ~~and~~, (17), (17A), and (19) may sell, serve, or allow to be consumed on the premises covered by the license, any ~~malt beverage~~ alcoholic beverages between the hours of two a.m. and seven a.m. ~~No licensee licensed under subdivision 35-4-2(12) may sell, serve, or allow to be consumed on the premises covered by the license, any wine between the hours of two a.m. and seven a.m.~~ A violation of this section is a Class 2 misdemeanor. ".

Which motion prevailed.

1002fg

Rep. Sorenson moved that the previously adopted amendment to HB 1002 be deleted and that HB 1002 be further amended as follows:

On page 1 of the House Commerce Committee engrossed bill, delete lines 7 to 14, inclusive.

On page 2, delete lines 1 to 11, inclusive.

On page 3, delete lines 14 to 18, inclusive.

Which motion lost.

1002sa

Rep. Blake moved that HB 1002 be further amended as follows:

On page 3 of the House Commerce Committee engrossed bill, delete lines 4 to 9, inclusive, and insert "on the licensed premises ~~unless such sales of alcoholic beverages constitutes less than fifty percent of the gross business transacted by that establishment~~.".

A roll call vote was requested and supported.

The question being on Rep. Blake's motion that HB 1002 be further amended.

And the roll being called:

Yeas 24, Nays 45, Excused 1, Absent 0

Yeas:
Blake; Burg; Dennert; Elliott; Engels; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Killer; Kirschman; Lange; Nygaard; Pitts; Schrempp; Sly; Solberg; Sorenson; Street; Thompson; Van Gerpen; Vanderlinde; Wismer

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

Excused:
Iron Cloud III

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

The question being "Shall HB 1002 pass as amended?"

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Rausch; Romkema; Rounds; Russell; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Verchio; Wismer; Speaker Rave

Nays:
Blake; Burg; Carson; Elliott; Feickert; Feinstein; Killer; Lederman; Noem; Pitts; Putnam; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Van Gerpen; Vanneman; Wink

Excused:
Iron Cloud III

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.

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

The question being "Shall HB 1081 pass as amended?"

And the roll being called:

Yeas 51, Nays 18, Excused 1, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Engels; Faehn; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Blake; Burg; Dennert; Elliott; Fargen; Greenfield; Hunhoff (Bernie); Killer; Kirschman; Lucas; Olson (Betty); Peters; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde; Verchio

Excused:
Iron Cloud III

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 Pro tempore Rausch now presiding.

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.

The question being "Shall HB 1185 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Iron Cloud III

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 1202: FOR AN ACT ENTITLED, An Act to provide for the assessment of certain agricultural land as noncropland.

Was read the second time.

1202ta

Rep. Noem moved that HB 1202 be amended as follows:

On page 1, line 7, of the printed bill, after "years" insert "and is used for animal grazing or left unharvested,".

On page 1, line 7, after "grassland" insert ",".

Rep. Faehn moved the previous question.

Which motion prevailed.

Rep. Noem's motion prevailed.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1202 pass as amended?"

And the roll being called:

Yeas 48, Nays 21, Excused 1, Absent 0

Yeas:
Blake; Bolin; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Faehn; Fargen; Feickert; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Lange; Lucas; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Street; Thompson; Tidemann; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Boomgarden; Brunner; Burg; Engels; Feinstein; Gibson; Hunt; Krebs; Lederman; Lust; McLaughlin; Moser; Novstrup (David); Peters; Russell; Schrempp; Solberg; Sorenson; Turbiville; Van Gerpen; Vanderlinde

Excused:
Iron Cloud III

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 1128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fire protection services provided through township funding.

Was read the second time.

1128ra

Rep. Solberg moved that HB 1128 be amended as follows:

On page 2, line 3, of the printed bill, after "." insert "However, nothing in this section prevents any township and rural fire district from entering into a contract to coordinate and cooperate for mutual fire protection and prevention purposes within any area which they might logically serve.".

Which motion prevailed.

The question being "Shall HB 1128 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Iron Cloud III

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 1149: FOR AN ACT ENTITLED, An Act to allow certain municipal interfund loans

Was read the second time.

The question being "Shall HB 1149 pass?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); 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:
Feickert; Feinstein; Peters

Excused:
Iron Cloud III

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 Rave now presiding.

HB 1120: FOR AN ACT ENTITLED, An Act to revise certain provisions and assessments related to the South Dakota Oilseeds Council.

Was read the second time.

The question being "Shall HB 1120 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); 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:
Engels; Nygaard; Peters

Excused:
Iron Cloud III

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 1082: FOR AN ACT ENTITLED, An Act to permit counties to require criminal background checks for persons seeking employment.

Was read the second time.

The question being "Shall HB 1082 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; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); 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

Excused:
Iron Cloud III; Russell

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 1130: FOR AN ACT ENTITLED, An Act to include the families of certain members of the armed forces who died in military service as eligible for gold star special license plates.

Was read the second time.

The question being "Shall HB 1130 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Iron Cloud III

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 1004: FOR AN ACT ENTITLED, An Act to extend dram shop protection to certain alcoholic beverage licensees.

Was read the second time.

The question being "Shall HB 1004 pass?"

And the roll being called:

Yeas 16, Nays 53, Excused 1, Absent 0

Yeas:
Bolin; Carson; Cronin; Greenfield; Jensen; Juhnke; Kirschman; Krebs; Lederman; Novstrup (David); Rounds; Russell; Schlekeway; Solum; Van Gerpen; Vanneman

Nays:
Blake; Boomgarden; Brunner; Burg; Conzet; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Killer; Kirkeby; Kopp; Lange; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

Excused:
Iron Cloud III

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

HB 1189: FOR AN ACT ENTITLED, An Act to prohibit discrimination based on domestic violence in life and health insurance policies.

Was read the second time.

1189ja

Rep. Rounds moved that HB 1189 be amended as follows:

On page 1, line 4, of the printed bill, delete "relating to" and insert "about an individual's status as a victim of".

Which motion prevailed.

The question being "Shall HB 1189 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); 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:
Hoffman

Excused:
Iron Cloud III

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 1079: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the issuance of a new birth certificate in certain adoptions.

Was read the second time.

The question being "Shall HB 1079 pass?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); 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:
Feinstein

Excused:
Iron Cloud III

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 1080: FOR AN ACT ENTITLED, An Act to correct the omission of a reference to fifth-offense DUI for habitual offender cases and to remove certain outdated language.

Was read the second time.

The question being "Shall HB 1080 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, 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; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); 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:
Nygaard; Verchio

Excused:
Iron Cloud III

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. Faehn moved that the balance of the calendar including HB 1190, 1097, 1117, 1050, 1051, 1122, 1176, 1033, 1125, and 1060 and SB 23, 13, and 24 be deferred to Wednesday, February 10^th, the 18^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1030 was delivered to his Excellency, the Governor, for his approval at 9:35 a.m., February 9, 2010.

Respectfully submitted,
Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title 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.

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.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:32 p.m. the House adjourned.

Karen Gerdes, Chief Clerk