House of Representatives Journal 2/18/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 18, 2010

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

The prayer was offered by the Chaplain, Father Michael Griffin, followed by the Pledge of Allegiance led by House pages Lindsay Veflin and Shane Wittmeier.

Roll Call: All members present except Reps. Hoffman, Krebs, and Sorenson 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 twenty-second day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Timothy A. Rave, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 18, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 17, 2010, I approved House Bills 1007, 1032, and 1039, 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 SB 157 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 83 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 Health and Human Services respectfully reports that it has had under consideration HB 1184 which was tabled.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1245 and HJR 1001 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 16 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 SB 14 and 17 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1262 which was tabled.

Respectfully submitted,
Kent Juhnke, Vice Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill be amended as follows:

1227fa

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

" Section 1. That chapter 8-2 be amended by adding thereto a NEW SECTION to read as follows:

A township may enroll in any group health insurance plan, group life insurance plan, or group disability income insurance plan permitted by law to be offered in this state for any employee of the township who is employed for a minimum of one thousand forty hours per year by the township. The township may pay all or part of the necessary premiums for the employees for the insurance programs allowed by this section."

1227fta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "permit townships to provide certain health, life, and disability income insurance benefits.".

On page 1, delete line 2.

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 1249 and returns the same with the recommendation that said bill be amended as follows:

1249tb

On page 1, line 11, of the printed bill, before "." insert "or to any state auction held pursuant to chapter 5-24A".

1249tc

On page 1, line 6, of the printed bill, after "seller," insert "or unless otherwise provided for by advertised or announced terms at the auction premises on the day of the sale,".

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 1165 and returns the same with the recommendation that said bill be amended as follows:

1165fb

On page 1, line 5, of the printed bill, after "35-2-1.1," insert "or the transfer of an existing license".

On page 1, line 10, after "license" insert "or the transfer of an existing license".

On page 1, line 13, delete "shall be approved by the governing" and insert "may be approved by the municipal or county governing".

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

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1255 and 1270 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1246 and returns the same with the recommendation that said bill be amended as follows:

1246ra

On page 2, between lines 2 and 3 of the printed bill, insert:

" Section 2. The provisions of this Act apply to any project where the construction date is after the effective date of this Act.

The provisions of chapter 10-45B in effect prior to the effective date of this Act apply to any project where the construction date was before the effective date of this Act.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1237 which was tabled.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1113 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1057 and returns the same with the recommendation that said bill be amended as follows:

1057ta

On page 1 of the printed bill, delete lines 4 to 12, inclusive, and insert:

" Section 1.That § 39-6-3 be amended to read as follows:

39-6-3. ~~Section 39-6-2 shall~~ The provisions of § 39-6-2 do not apply to milk~~, cream, skim milk,~~ or goat milk occasionally secured or purchased for ~~his~~ personal use by any consumer at the place or farm where the milk is produced~~, and provided further, that § 39-6-2 shall not apply to~~ or to any active farm producer of milk, selling and delivering ~~his~~ the producer's own production direct to consumers only, if the place or farm where the milk is produced has a license or permit issued by the department pursuant to § 40-32-4 or 40-32-10.1. The containers in which any unpasteurized milk is sold shall be clearly labeled by the producer as "raw milk." ~~Failure to affix such label is a Class 2 misdemeanor.~~ ".

On page 8, line 6, after "violation" insert "or may be subject to injunctive and declaratory relief".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1115 which was tabled.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1114 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1034, 1045, 1094, 1108, 1120, and 1190 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 2, 69, 101, 168, and 192 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Yesterday, Rep. Nygaard announced his intention to reconsider the vote by which HB 1178 lost.

Rep. Nygaard moved that the House do now reconsider the vote by which HB 1178 lost.

The question being on Rep. Nygaard's motion to reconsider the vote by which HB 1178 lost.

And the roll being called:

Yeas 33, Nays 34, Excused 3, Absent 0

Yeas:
Blake; Bolin; Burg; Conzet; Cutler; Dennert; Elliott; Engels; Feickert; Feinstein; Frerichs; Gibson; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirschman; Lange; Lucas; McLaughlin; Nygaard; Russell; Schlekeway; Schrempp; Sly; Solberg; Street; Thompson; Van Gerpen; Vanderlinde; Wink; Wismer

Nays:
Boomgarden; Brunner; Carson; Cronin; Curd; Deadrick; Faehn; Fargen; Gosch; Greenfield; Jensen; Juhnke; Kirkeby; Kopp; Lederman; Lust; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Solum; Steele; Tidemann; Turbiville; Vanneman; Verchio; Speaker Rave

Excused:
Hoffman; Krebs; Sorenson

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

Yesterday, Rep. Hoffman announced his intention to reconsider the vote by which HB 1119 lost.

Rep. Russell moved that the House do now reconsider the vote by which HB 1119 lost.

The question being on Rep. Russell's motion to reconsider the vote by which HB 1119 lost.

And the roll being called:

Yeas 21, Nays 46, Excused 3, Absent 0

Yeas:
Bolin; Dennert; Engels; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kopp; Lederman; Novstrup (David); Olson (Betty); Russell; Schlekeway; Steele; Tidemann; Verchio; Wink

Nays:
Blake; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Juhnke; Kirschman; Lange; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schrempp; Sly; Solberg; Solum; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wismer; Speaker Rave

Excused:
Hoffman; Krebs; Sorenson

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

HB 1255: 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 second time.

Rep. Faehn moved that HB 1255 be referred to the Committee on Appropriations.

Rep. Feinstein called for a division of the House.

The Speaker declared Rep. Faehn's motion prevailed.

Rep. Cutler moved that the Committee on Health and Human Services be instructed to deliver HB 1133 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion lost.

Rep. Faehn moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 19^th, the 24^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1046 as found on pages 412 to 443 of the House Journal; also

Education on HB 1150 as found on pages 443 and 444 of the House Journal; also

Commerce on HB 1222 as found on page 444 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 2: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcoholic beverage control and licensing laws.

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

SB 69: FOR AN ACT ENTITLED, An Act to authorize certain exceptions to the nursing facility moratorium.

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

SB 101: FOR AN ACT ENTITLED, An Act to authorize certain school districts to conduct school board elections during 2011 using voting centers and electronic records.

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

SB 168: FOR AN ACT ENTITLED, An Act to increase the amount of coverage provided by the South Dakota Life and Health Insurance Guaranty Association for long-term care insurance.

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

SB 192: FOR AN ACT ENTITLED, An Act to modify distributions from the wind energy tax fund.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1252: 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 second time.

The question being "Shall HB 1252 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; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Hoffman; Krebs; Sorenson

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 1265: FOR AN ACT ENTITLED, An Act to revise certain provisions related to indigent counsel.

Was read the second time.

The question being "Shall HB 1265 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Hoffman; Krebs; Sorenson

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. Cutler moved that HB 1132 be placed to precede HB 1131 on today's calendar.

Which motion prevailed.

HB 1169: FOR AN ACT ENTITLED, An Act to prohibit businesses and employers from establishing certain policies against the ability of an invitee or employee to store firearms and ammunition in a locked motor vehicle parked on the premises.

Was read the second time.

1169rb

Rep. Lederman moved that HB 1169 be amended as follows:

On page 2, line 6, of the printed bill, after "vehicle" insert ",".

On page 2, delete lines 7 to 13, inclusive, and insert "entitled to reinstatement to the same position held at the time of his or her termination from employment, or to an equivalent position.".

1169ra

Rep. Faehn moved as a substitute motion that HB 1169 be amended as follows:

On page 2 of the printed bill, delete lines 4 to 13, inclusive.

Which motion lost.

Rep. Lederman's motion prevailed.

Rep. Noem moved the previous question.

Which motion prevailed.

The question being "Shall HB 1169 pass as amended?"

And the roll being called:

Yeas 34, Nays 32, Excused 4, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Conzet; Cronin; Curd; Deadrick; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunt; Jensen; Juhnke; Kopp; Lederman; McLaughlin; Noem; Olson (Betty); Olson (Ryan); Putnam; Rausch; Rounds; Russell; Schlekeway; Steele; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Blake; Burg; Carson; Cutler; Dennert; Elliott; Engels; Faehn; Feinstein; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Lange; Lucas; Lust; Moser; Novstrup (David); Peters; Pitts; Romkema; Schrempp; Sly; Solberg; Solum; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Wismer

Excused:
Hoffman; Krebs; Nygaard; Sorenson

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

Rep. Lederman announced his intention to reconsider the vote by which HB 1169 lost.

HB 1050: FOR AN ACT ENTITLED, An Act to revise the per student allocation for the state aid to general education formula.

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

Rep. Putnam moved that HB 1050 be laid on the table.

The question being on Rep. Putnam's motion that HB 1050 be laid on the table.

And the roll being called:

Yeas 66, Nays 0, Excused 4, 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; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Hoffman; Krebs; Nygaard; Sorenson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1050 was tabled.

HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of members to the Game, Fish and Parks Commission.

Was read the second time.

1055te

Rep. Van Gerpen moved that HB 1055 be amended as follows:

On page 1, line 9, of the House State Affairs Committee engrossed bill, overstrike "actually residing on a farm" and insert "or ranchers".

Which motion prevailed.

The question being "Shall HB 1055 pass as amended?"

And the roll being called:

Yeas 62, Nays 4, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirkeby; Kirschman; Kopp; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Deadrick; Greenfield; Juhnke; Verchio

Excused:
Hoffman; Jensen; Krebs; Sorenson

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 1188: FOR AN ACT ENTITLED, An Act to restrict the use of minor adjustments to school district boundaries and to revise the application process for minor boundary changes.

Was read the second time.

1188cb

Rep. Rave moved that HB 1188 be amended as follows:

On page 1, line 10, of the House Education Committee engrossed bill, delete "single family or multifamily".

On page 1, line 11, before "or" insert "and children residing in the area".

On page 2, after line 6, insert:

" For purposes of this section, a residential unit is an occupied single family dwelling, including a house, condominium apartment, or manufactured home as defined in § 32-3-1, or any multi-unit residential structure in which more than one family unit resides.".

On page 2, after line 21, insert:

" Section 2. That § 13-6-84.1 be amended to read as follows:

13-6-84.1. In all proposed changes in school district boundaries, the ~~following conditions shall prevail:~~

~~(1) The~~ boundary of the area proposed to be transferred shall be coterminous at some point with the common boundary of the two school districts. Land owned by the federal, state, or local governments and unoccupied land may be included in the request;

~~(2) Children must reside within the boundary of the area to be transferred, unless it is an area change initiated by a school board as provided in § 13-6-84.2~~. ".

Which motion prevailed.

The question being "Shall HB 1188 pass as amended?"

And the roll being called:

Yeas 61, Nays 4, Excused 5, Absent 0

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

Nays:
Iron Cloud III; Lange; Lucas; Nygaard

Excused:
Gibson; Hoffman; Krebs; Putnam; Sorenson

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 1132: FOR AN ACT ENTITLED, An Act to provide for the referral and placement of certain individuals in need of intervention.

Was read the second time.

The question being "Shall HB 1132 pass as amended?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, 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; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Olson (Betty); Verchio

Excused:
Hoffman; Juhnke; Krebs; Lange; Putnam; Sorenson

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 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning intoxicated or incapacitated persons who may be taken into protective custody.

Was read the second time.

The question being "Shall HB 1131 pass?"

And the roll being called:

Yeas 29, Nays 36, Excused 5, Absent 0

Yeas:
Blake; Brunner; Burg; Conzet; Curd; Cutler; Dennert; Elliott; Engels; Faehn; Feinstein; Gibson; Hunhoff (Bernie); Hunt; Killer; Kirkeby; Kirschman; Lucas; Peters; Romkema; Schlekeway; Sly; Solberg; Thompson; Turbiville; Vanderlinde; Vanneman; Wismer; Speaker Rave

Nays:
Bolin; Boomgarden; Carson; Cronin; Deadrick; Fargen; Feickert; Frerichs; Gosch; Greenfield; Hamiel; Iron Cloud III; Jensen; Kopp; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Rounds; Russell; Schrempp; Solum; Steele; Street; Tidemann; Van Gerpen; Verchio; Wink

Excused:
Hoffman; Juhnke; Krebs; Lange; Sorenson

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

Rep. Cutler announced her intention to reconsider the vote by which HB 1131 lost.

HB 1105: FOR AN ACT ENTITLED, An Act to permit the record of a person's arrest to be expunged.

Was read the second time.

The question being "Shall HB 1105 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Blake; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Bolin; Elliott; Verchio

Excused:
Hoffman; Krebs; Sorenson

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 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to statutory rape.

Was read the second time.

1110rb

Rep. Engels moved that HB 1110 be amended as follows:

On the House Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

Which motion lost.

The question being "Shall HB 1110 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Deadrick; Hunt; Verchio

Excused:
Hoffman; Krebs; Sorenson

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 1264: FOR AN ACT ENTITLED, An Act to provide for the issuance of free antlerless deer licenses to certain landowners and lessees.

Was read the second time.

The question being "Shall HB 1264 pass as amended?"

And the roll being called:

Yeas 52, Nays 15, Excused 3, Absent 0

Yeas:
Blake; Bolin; Brunner; Burg; Conzet; Cronin; Deadrick; Dennert; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kopp; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Peters; Putnam; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Boomgarden; Carson; Curd; Cutler; Engels; Faehn; Hunt; Kirschman; Novstrup (David); Olson (Ryan); Pitts; Rausch; Rounds; Tidemann; Turbiville

Excused:
Hoffman; Krebs; Sorenson

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 1191: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding right-of-way easements for isolated tracts of land.

Was read the second time.

Rep. Rounds moved that HB 1191 be laid on the table.

The question being on Rep. Rounds' motion that HB 1191 be laid on the table.

And the roll being called:

Yeas 66, Nays 1, 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; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Kirkeby

Excused:
Hoffman; Krebs; Sorenson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1191 was tabled.

Rep. Faehn moved that the balance of the calendar including HB 1223, 1041, 1107, 1083, HJR 1004, HB 1248, 1216, 1136, 1161, 1164, 1167, 1177, and 1187 and SB 23, 13, 24, and 68 be deferred to Friday, February 19^th, the 24^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 1034, 1045, 1094, 1108, 1120, and 1190 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1034: FOR AN ACT ENTITLED, An Act to authorize the collection of a mailing fee if plates or decals are mailed to certain dealers, motor carrier applicants, and boat owners.

HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of anabolic steroid, to provide for the scheduling of tapentadol, lacosamide, and fospropofol as controlled substances, and to declare an emergency.

HB 1094: FOR AN ACT ENTITLED, An Act to subject the gross receipts of contractors engaged in realty improvement contracts for certain municipal utilities to the contractor's excise tax instead of the alternative contractor's excise tax and to declare an emergency.

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.

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

HB 1190: FOR AN ACT ENTITLED, An Act to revise the high school course requirements and the requirements necessary to maintain eligibility for the South Dakota opportunity scholarship program.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1005 Introduced by: Representatives Wink, Brunner, and Carson and Senator Rhoden

A LEGISLATIVE COMMEMORATION, Honoring Jessica Loobey as a Prudential Spirit of Community Award recipient.

WHEREAS, Jessica Loobey, an esteemed resident of Sturgis, South Dakota, and a student at Sturgis Brown High School, has achieved national recognition for exemplary volunteer service by receiving a 2010 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Jessica Loobey earned this award by giving generously of her time and energy to the Sturgis Community Preschool; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Jessica Loobey who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Jessica Loobey be congratulated and honored as a recipient of a Prudential Spirit of Community Award, be recognized for her outstanding record of volunteer service, peer leadership, and community spirit, and be extended best wishes for her continued success and happiness.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:04 p.m. the House adjourned.

Karen Gerdes, Chief Clerk