House of Representatives Journal 2/19/2010 01:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 19, 2010

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

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Sara Lewis.

Roll Call: All members present except Reps. Curd, Hoffman, Krebs, Noem, Ryan Olson, Schrempp, 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-third 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1225, 1258, and 1261 which were tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1224 and returns the same with the recommendation that said bill be amended as follows:

1224cb

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

" Section 1. That § 13-55-31 be amended to read as follows:

13-55-31. In order to be eligible for a South Dakota opportunity scholarship award, a student shall:

(1) Be a resident of South Dakota at the time of graduation from high school;

(2) Have a composite score of 24, or higher, on the test administered by the American College Testing Program or an equivalent score as determined by the Board of Regents on the Scholastic Assessment Test. The student shall take the ACT or SAT test before beginning postsecondary education;

(3) Meet the high school course requirements for graduation from the distinguished high school program as provided in section 24:43:11:05 of the Administrative Rules of South Dakota as in effect on January 1, 2008;

(4) Attend a university, college, or technical school that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in South Dakota; and

(5) Enter into the program within five years of graduation from high school or within one year of the student's release from active duty with an active component of the armed forces if the release is within five years of the student's graduation from high school. If a student attends full-time a regionally accredited university, college, or technical school located outside South Dakota and within two years following high school graduation or within two years following release from active military service returns

to the state to attend full-time a regionally accredited university, college, or technical school, the student is eligible to receive a partial award.

A student is eligible to participate in the South Dakota opportunity scholarship program for the equivalent of four academic years (eight consecutive spring and fall terms) or until the attainment of a baccalaureate degree, whichever comes first. However, the executive director of the Board of Regents may grant exceptions to the continuous enrollment requirements for good cause shown.

A student who would have been eligible for the scholarship, but who applies after completing one or more semesters of full-time work at an accredited institution, may be admitted to the program only if the student has complied with the same grade point and credit hour requirements that would apply to program participants. Admission granted under these circumstances may not be retroactive, and ~~eligibility for participation in the program shall be reduced by one semester for each semester of work completed prior to admission to the program~~ the total scholarship award granted to any student admitted under these circumstances may not exceed four thousand dollars.

Section 2. That § 13-55-33 be amended to read as follows:

13-55-33. One-half of the annual scholarship award shall be paid to public institutions on behalf of eligible students there enrolled or directly to eligible students enrolled at nonpublic institutions at the beginning of the fall semester and the other half shall be paid at the beginning of the spring semester. The amount of the annual award shall be as follows:

            (1)    One thousand dollars for the first year of attendance;

            (2)    One thousand dollars for the second year of attendance;

            (3)    One thousand dollars for the third year of attendance;

(4) Two thousand dollars for the fourth year of attendance unless the student attended full-time a regionally accredited university, college, or technical school located outside South Dakota prior to admission to the program, in which case the award shall be one thousand dollars.

For any eligible student enrolled in a bachelor's degree program, the scholarship shall be awarded as follows:

(1) One thousand dollars at the beginning of the second year of attendance;

(2) One thousand dollars at the beginning of the third year of attendance;

(3) Two thousand dollars at the beginning of the fourth year of attendance; and

(4) One thousand dollars at the beginning of the spring semester of the fourth year of attendance.

For any eligible student enrolled in an associate degree program, the scholarship shall be awarded as follows:

(1) One thousand dollars at the beginning of the second year of attendance; and

(2) One thousand dollars at the beginning of the second semester of the second year of attendance.

However, no eligible student who completed one or more semesters of work at a college, university, or technical school located outside of South Dakota before being admitted to the scholarship program may receive the one thousand dollars awarded to other eligible students at the beginning of the second year of attendance, and the payment awarded at the beginning of the fourth year of attendance shall be reduced to one thousand dollars for any eligible student who, in prior years, has already received a total of three thousand dollars through the scholarship program.

If, in any year, the total funds available to finance the scholarship awards are insufficient to permit each eligible recipient to receive the full amount provided in this section, the available moneys shall be prorated and distributed to each recipient in proportion to the entitlement contemplated by this section. The total amount of the scholarship may not exceed five thousand dollars, and the awards shall be paid to institutions on behalf of eligible students there enrolled . "

1224cta

On page 1, line 1, of the printed bill, delete "impact" and insert "revise the payment schedule for".

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 1240 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1135 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1192 and returns the same with the recommendation that said bill be amended as follows:

1192td

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

" Section 1. The ethanol blender pump incentive grant program is hereby established and shall be administered by the Department of Tourism and State Development. Under the program, the department shall award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the purpose of entering into contracts for the purchase or installation of ethanol blender pumps and associated above-ground piping and storage systems and related equipment to be used at facilities operated by the retail dealers for the sale of motor fuel to the public. No grant under the program may exceed ten thousand dollars. However, a retail dealer may receive more than one grant under the program. To be eligible for a grant, a retail dealer shall be located in South Dakota. Grants may be made under the program during the period beginning on April 1, 2010 and ending on May 28, 2010 if funds are available in the ethanol blender pump incentive grant fund established pursuant to section 3 of this Act. The department may use up to five percent of any amount appropriated to the ethanol blender pump incentive fund for administration, the dissemination of information related to the ethanol blender pump incentive program, and the dissemination of information related to the benefits of ethanol.

Section 2. For purposes of this Act, the term, ethanol blender pump, refers to a mechanism provided by the retail dealer for the dispensing at retail of ethanol blend as defined in § 10-47B-3 so that the end user may select the ratio of ethanol to gasoline to be dispensed. The pump shall be the type that:

(1) Dispenses at retail a blend of gasoline and ethanol in the ratio selected by the purchaser;

(2) Is manufactured to an industry standard and carries a warranty for compatibility with dispenser components and storage and piping systems;

(3) Has at least four hoses and dispenses the following:

(a) Either a blend of ten percent ethanol or the minimum blend percentage approved for all vehicles by the United States Environmental Protection Agency;

(b) A blend of at least fifteen percent ethanol; and

(4) Complies with all alternative fuel, biofuel, and flexible fuel requirements established by law.

Section 3. There is hereby created a special fund within the Department of Tourism and State Development known as the ethanol blender pump incentive grant fund. Money in the fund may only be used to provide incentive grants pursuant to this Act and as otherwise provided in section 1 of this Act. The fund consists of legislative appropriations, donations, interest on investments, and moneys from all legal public and private sources, including federal grants. All funds received in the ethanol blender pump incentive grant fund shall be set forth in an informational budget as described in § 4-7-7.2.

Section 4. There is hereby appropriated the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, in federal fund expenditure authority, to the Department of Tourism and State Development for the expenditure of funds received through the American Recovery and Reinvestment Act of 2009, P.L. 111-5 to implement the ethanol blender pump incentive grant program as provided in this Act.

Section 5. The secretary of tourism and state development shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

1192tta

On page 1, line 1, of the printed bill, delete everything after "to" and insert "establish an ethanol blender pump incentive grant program, to make an appropriation therefor, and to declare an emergency.".

On page 1, delete line 2.

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 1263 and returns the same with the recommendation that said bill be amended as follows:

1263te

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

" Section 1. That § 43-13-16 be amended to read as follows:

43-13-16. For purposes of §§ 43-13-17 to ~~43-13-19~~ 43-13-20, inclusive, and sections 3 to 7, inclusive, of this Act, the term, wind easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or air space for

the purpose of ensuring adequate exposure of a wind power system to the winds, or an agreement to refrain from developing a wind power system.

Section 2. That § 43-13-17 be amended to read as follows:

43-13-17. Any property owner may grant a wind easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement shall be created in writing, and the easement or a memorandum thereof shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the easement is granted. Any such easement runs with the land or lands benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed fifty years. Any such easement is void if no development of the potential to produce energy from wind power associated with the easement has occurred within five years after the effective date of the easement ~~began~~. Any payments associated with the granting or continuance of any such easement shall be made on an annual basis to the owner of record of the real property at the time the payment is made. If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the easement, any such mortgage or encumbrance on the easement is the responsibility of the easement holder and attaches only to the easement holder's rights and does not otherwise attach to the land or obligate the property owner. Each wind easement agreement shall include a statement disclosing that the easement holder may mortgage or encumber any part of the easement holder's rights and interests under the agreement unless otherwise specified in the agreement.

Section 3. That chapter 43-13 be amended by adding thereto a NEW SECTION to read as follows:

The five-year development period specified in §§ 43-13-17 and 43-13-19 shall be extended to a maximum development period of twelve years for any wind developer that files a sworn affidavit with the Public Utilities Commission. The affidavit is for informational purposes only and shall:

(1) State the intention of the wind developer to pursue a proposed wind energy project of five hundred megawatts or greater in nameplate capacity and a transmission solution for the project involving an interstate electric transmission line with a design of 345 kV or greater; and

(2) Describe the geographic area covered by the project.

The twelve-year period applies to any wind easement or wind lease for property within the geographic area described in the affidavit and held under a wind easement or wind lease by the developer filing the certification or its affiliate, member, or partner.

The twelve-year maximum development period commences on the earlier of the effective date of the wind easement or wind lease or the date the wind easement or wind lease was executed by all parties to the agreement.

Section 4. That chapter 43-13 be amended by adding thereto a NEW SECTION to read as follows:

For purposes of §§ 43-13-17 to 43-13-20, inclusive, and sections 3 to 7, inclusive, of this Act, development of the potential to produce energy from wind power associated with the wind easement or wind lease occurs when the foundation is poured for the first wind turbine to be installed on any property that is part of any one wind energy project, on any property that is part of any single construction stage of a wind energy project, or on any property that is described in the notice required by § 49-41B-25.1.

Section 5. That chapter 43-13 be amended by adding thereto a NEW SECTION to read as follows:

In addition to any other requirements of law, the filing required pursuant to § 43-13-17 shall include the following information:

(1) The names and addresses of the parties;

(2) A legal description of the real property involved;

(3) Description of property rights conveyed;

(4) Term of the wind easement;

(5) Description of any restrictions placed on the property for essential services as defined in § 43-13-20; and

(6) In the case of a third party acquisition, the name and address of the party for which the wind easement is acquired.

This information shall be contained in a separately filed and recorded document. Nothing in this section prohibits the filing of additional documents between the parties.

Section 6. That chapter 43-13 be amended by adding thereto a NEW SECTION to read as follows:

No wind easement or wind lease may be executed by the parties until at least ten business days after the first proposed easement or lease has been delivered to the property owner.

Section 7. That chapter 43-13 be amended by adding thereto a NEW SECTION to read as follows:

No wind easement or lease may require either party to maintain the confidentiality of any negotiations or terms of any proposed easement or lease except that the parties may agree to a mutual confidentiality agreement in the final executed wind easement, wind lease, or a separate document. Any disclosure of trade secrets or competitive business plans of the developer may be subject to the confidentiality agreement whether occurring before or after execution of the wind easement or wind lease."

1263oa

On the previously adopted amendment (1263te), in Section 7, delete "No wind easement or lease may require either party" and insert "No wind developer may require a property owner".

1263ttc

On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".

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 1194 and 1268 which were tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1205 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1142, 1186, and 1213 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1201 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1254 and returns the same with the recommendation that said bill be amended as follows:

1254sa

On page 1, line 9, of the printed bill, delete "An" and insert "A society shall honor an".

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 1229 which was tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1154, 1159, and 1250 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1018 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1251 which was tabled.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1096, 1103, 1126, and 1166 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 53, 89, 130, 133, 134, 155, and 188 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 3 Introduced by: Representatives 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; 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; Rave; Romkema; Rounds; Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

        A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota to 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.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-fifth Legislative Session; and

WHEREAS, the members of the Eighty-fifth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Faehn moved that House Page Resolution 3 be adopted.

Which motion prevailed and the resolution was adopted.

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

Rep. Lederman moved that the House do now reconsider the vote by which HB 1169 lost.

The question being on Rep. Lederman's motion to reconsider the vote by which HB 1169 lost.

And the roll being called:

Yeas 18, Nays 43, Excused 9, Absent 0

Yeas:
Boomgarden; Brunner; Deadrick; Fargen; Frerichs; Greenfield; Jensen; Kirkeby; Kopp; Lederman; Lust; Moser; Olson (Betty); Russell; Sly; Thompson; Van Gerpen; Verchio

Nays:
Blake; Bolin; Burg; Carson; Conzet; Cronin; Cutler; Dennert; Elliott; Engels; Faehn; Feickert; Feinstein; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Hunt; Juhnke; Kirschman; Lange; Lucas; McLaughlin; Novstrup (David); Nygaard; Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Solberg; Solum; Steele; Street; Tidemann; Turbiville; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Excused:
Curd; Hoffman; Iron Cloud III; Killer; Krebs; Noem; Olson (Ryan); Schrempp; 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. Cutler announced her intention to reconsider the vote by which HB 1131 lost.

Rep. Cutler moved that the House do now reconsider the vote by which HB 1131 lost.

The question being on Rep. Cutler's motion to reconsider the vote by which HB 1131 lost.

And the roll being called:

Yeas 42, Nays 18, Excused 10, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Conzet; Cutler; Deadrick; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Hunt; Kirkeby; Kirschman; Lange; Lederman; Lucas; Moser; Novstrup (David); Nygaard; Peters; Pitts; Putnam; Romkema; Russell; Schlekeway; Sly; Solberg; Steele; Street; Thompson; Tidemann; Van Gerpen; Vanderlinde; Wismer; Speaker Rave

Nays:
Carson; Cronin; Faehn; Gosch; Greenfield; Hamiel; Jensen; Kopp; Lust; McLaughlin; Olson (Betty); Rausch; Rounds; Solum; Turbiville; Vanneman; Verchio; Wink

Excused:
Curd; Hoffman; Iron Cloud III; Juhnke; Killer; Krebs; Noem; Olson (Ryan); Schrempp; Sorenson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1131 was up for reconsideration and final passage.

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

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

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1131 pass?"

And the roll being called:

Yeas 52, Nays 10, Excused 8, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cutler; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Kirkeby; Kirschman; Kopp; Lange; Lederman; Lucas; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Romkema; Russell; Schlekeway; Sly; Solberg; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Cronin; Deadrick; Gosch; Greenfield; Killer; Lust; Rausch; Rounds; Solum; Verchio

Excused:
Curd; Hoffman; Juhnke; Krebs; Noem; Olson (Ryan); Schrempp; 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.

Rep. Bernie Hunhoff moved that the Committee on State Affairs be instructed to deliver HB 1199 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 2:22 p.m. on Monday, February 22^nd, the 25^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on HB 1227 as found on pages 459 and 460 of the House Journal; also

Local Government on HB 1249 as found on page 460 of the House Journal; also

Local Government on HB 1165 as found on page 460 of the House Journal; also

Taxation on HB 1246 as found on page 461 of the House Journal; also

Agriculture and Natural Resources on HB 1057 as found on pages 461 and 462 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 53: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

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

SB 89: FOR AN ACT ENTITLED, An Act to exempt from federal regulation any firearm, firearm accessory, or ammunition manufactured and retained in South Dakota.

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

SB 130: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the township road system.

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

SB 133: FOR AN ACT ENTITLED, An Act to revise certain procedures for handling complaints regarding open meeting requirements.

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

SB 134: FOR AN ACT ENTITLED, An Act to provide for divestiture of state investment funds in certain companies liable to sanctions under the Iran Sanctions Act of 1996.

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

SB 155: FOR AN ACT ENTITLED, An Act to revise the rules promulgation process for administrative rules with a financial impact upon political subdivisions of state government.

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

SB 188: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale and display of alcoholic beverages in certain establishments.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 83: FOR AN ACT ENTITLED, An Act to provide for the self-administration of prescription asthma and anaphylaxis medication by students.

Was read the second time.

The question being "Shall SB 83 pass as amended?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; 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; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Hoffman; Krebs; Noem; Olson (Ryan); Schrempp; 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.

SB 14: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

Was read the second time.

The question being "Shall SB 14 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Curd; Hoffman; Krebs; Noem; Olson (Ryan); Schrempp; 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.

SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding restricted driving permits for minors.

Was read the second time.

The question being "Shall SB 17 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Curd; Hoffman; Krebs; Noem; Olson (Ryan); Schrempp; 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. Faehn moved that HB 1041 and 1167 be placed to follow HB 1113 on today's calendar.

Which motion prevailed.

HB 1223: FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates and the contact preference of birth parents.

Was read the second time.

The question being "Shall HB 1223 pass as amended?"

And the roll being called:

Yeas 42, Nays 21, Excused 7, Absent 0

Yeas:
Blake; Bolin; Burg; Conzet; Dennert; Elliott; Engels; Fargen; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirschman; Kopp; Lange; Lederman; Lucas; Lust; McLaughlin; Nygaard; Pitts; Putnam; Romkema; Schlekeway; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Wink; Wismer; Speaker Rave

Nays:
Boomgarden; Brunner; Carson; Cronin; Cutler; Deadrick; Faehn; Feickert; Greenfield; Jensen; Juhnke; Kirkeby; Moser; Novstrup (David); Olson (Betty); Peters; Rausch; Rounds; Russell; Vanneman; Verchio

Excused:
Curd; Hoffman; Krebs; Noem; Olson (Ryan); Schrempp; Sorenson

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

Rep. Bolin announced his intention to reconsider the vote by which HB 1223 lost.

HB 1107: FOR AN ACT ENTITLED, An Act to permit certain persons to renew an operator's license, motorcycle operator's license, or nondriver identification card without appearing in person at a driver license exam site.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1107 pass as amended?"

And the roll being called:

Yeas 33, Nays 30, Excused 7, Absent 0

Yeas:
Brunner; Burg; Conzet; Cronin; Cutler; Deadrick; Fargen; Frerichs; Gosch; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Juhnke; Kirkeby; Kopp; Lange; Lederman; Nygaard; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Turbiville; Van Gerpen; Vanneman; Speaker Rave

Nays:
Blake; Bolin; Boomgarden; Carson; Dennert; Elliott; Engels; Faehn; Feickert; Feinstein; Gibson; Greenfield; Jensen; Killer; Kirschman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Olson (Betty); Peters; Solberg; Street; Thompson; Tidemann; Vanderlinde; Verchio; Wink; Wismer

Excused:
Curd; Hoffman; Krebs; Noem; Olson (Ryan); Schrempp; Sorenson

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

Rep. Cronin announced his intention to reconsider the vote by which HB 1107 lost.

HB 1083: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the South Dakota Science and Technology Authority.

Was read the second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1083 pass?"

And the roll being called:

Yeas 41, Nays 22, Excused 7, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Cutler; Deadrick; Faehn; Gosch; Greenfield; Hamiel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lederman; Lust; McLaughlin; Moser; 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; Solberg; Street; Thompson; Vanderlinde; Wismer

Excused:
Curd; Hoffman; Krebs; Noem; Olson (Ryan); Schrempp; Sorenson

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

Rep. Faehn announced his intention to reconsider the vote by which HB 1083 lost.

Rep. Faehn moved that the balance of the calendar including HJR 1004, HB 1248, 1216, 1136, 1161, 1164, 1177, 1187, 1150, 1222, 1270, 1113, 1041, and 1167 and SB 23, 13, 24, 68, 157, and 16 be deferred to Monday, February 22^nd, the 25^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 1096, 1103, 1126, and 1166 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title 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.

HB 1103: FOR AN ACT ENTITLED, An Act to authorize the use of golf carts in certain municipalities and improvement districts.

HB 1126: FOR AN ACT ENTITLED, An Act to require property owners of a homestead who are delinquent in paying their property taxes to notify the county treasurer when they meet certain age requirements.

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

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:07 p.m. the House adjourned.

Karen Gerdes, Chief Clerk