House of Representatives Journal 2/23/2010 10:30 AM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 23, 2010

The House convened at 10:30 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor John Calvin Rhoad, Jr., followed by the Pledge of Allegiance led by House pages Shaydel Engel and Bailey Hurlbert.

Roll Call: All members present.

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-fifth 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.

MESSAGES FROM THE SENATE

Also MR. SPEAKER:

I have the honor to return herewith HB 1010, 1017, 1028, 1029, 1035, 1038, 1043, 1044, 1081, 1082, 1090, 1100, 1102, 1129, 1137, 1151, 1152, 1176, and 1185 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 21, 49, 65, 80, 105, 106, 126, 136, 148, 149, 184, and 190 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 2 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1010: A CONCURRENT RESOLUTION, Requesting the appointment of a special task force to study the highway needs and the financing of the highway needs for the state and its political subdivisions.

Rep. Cronin moved that HCR 1010 as found on pages 538 and 539 of the House Journal be adopted.

The question being on Rep. Cronin's motion that HCR 1010 be adopted.

And the roll being called:

Yeas 17, Nays 50, Excused 3, Absent 0

Yeas:
Cronin; Dennert; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Lange; Nygaard; Putnam; Rausch; Schrempp; Solberg; Street; Thompson; Wismer

Nays:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Curd; Cutler; Deadrick; Elliott; Engels; Faehn; Frerichs; Gosch; Hamiel; Hoffman; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Romkema; Rounds; Schlekeway; Sly; Solum; Sorenson; Steele; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Greenfield; Hunt; Russell

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

HCR 1011 Introduced by: Representatives Rounds, Conzet, Cutler, Hoffman, Hunt, Novstrup (David), Pitts, Rausch, and Rave and Senators Maher, Dempster, Hansen (Tom), Kloucek, Rhoden, and Tieszen

A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as observer in the International Civil Aviation Organization and United Nations Framework Convention on Climate Change.

WHEREAS, civil aviation plays a pivotal role in promoting cultural exchange, business, trade, and tourism; and

WHEREAS, to develop international civil aviation in a safe and orderly manner is the supreme cause of the International Civil Aviation Organization (ICAO); and

WHEREAS, Taiwan is the world's twentieth largest economy, eighteenth largest trading country, and a key air transport hub linking Northeast and Southeast Asia; and

WHEREAS, over 174,000 international flights travel to and from Taiwan, with foreign passengers making around 3.8 million trips to the island every year, and over 35 million passengers, including 25.39 million passengers on international flights, arrived and departed from Taiwan's airports in 2008; and

WHEREAS, without Taiwan's participation, international flight plans, regulations, and procedures that the ICAO formulates will be incomplete and unsafe:

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 2010 Legislature endorses the proposition that Taiwan participate in the International Civil Aviation Organization as observer; and

BE IT FURTHER RESOLVED, that the 2010 Legislature is supportive of all efforts to grant Taiwan official observer status at the United Nations Framework Convention on Climate Change (UNFCCC) as a collaborative partner of the United Sates on a wide range of public

issues, Taiwan should be afforded the opportunity to participate in global efforts aimed at reducing and preventing natural disasters.

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

SCR 2: A CONCURRENT RESOLUTION, Strongly supporting influenza vaccination for health care workers who have direct patient contact.

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

Appropriations on HB 1240 as found on page 501 of the House Journal; also

Judiciary on HB 1085 as found on page 502 of the House Journal; also

Judiciary on HB 1228 as found on page 503 of the House Journal; also

Commerce on HB 1138 as found on pages 503 and 504 of the House Journal; also

Commerce on HB 1226 as found on page 505 of the House Journal; also

Commerce on HB 1155 as found on pages 505 and 506 of the House Journal; also

Government Operations and Audit on HB 1046 as found on pages 506 to 536 of the House Journal; also

Education on SB 145 as found on page 500 of the House Journal; also

Appropriations on SB 26 as found on page 502 of the House Journal be adopted.

Which motion prevailed.

Rep. Feinstein moved that the word NOT be stricken from the report of the Committee on Appropriations on HB 1255 as found on page 560 of the House Journal and that the bill be placed on today's calendar.

The question being on Rep. Feinstein's motion that the word NOT be stricken from the report of the Committee on Appropriations on HB 1255 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 25, Nays 43, Excused 2, Absent 0

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

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

Excused:
Hunt; Russell

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

Rep. Cutler moved that the word NOT be stricken from the report of the Committee on Commerce on HB 1156 as found on page 561 of the House Journal and that the bill be placed on today's calendar.

The question being on Rep. Cutler's motion that the word NOT be stricken from the report of the Committee on Commerce on HB 1156 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 29, Nays 39, Excused 2, Absent 0

Yeas:
Blake; Conzet; Cutler; Dennert; Elliott; Engels; Fargen; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Lucas; Lust; McLaughlin; Moser; Nygaard; Pitts; Romkema; Schrempp; Solberg; Sorenson; Street; Thompson; Turbiville; Vanderlinde; Wismer

Nays:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Deadrick; Faehn; Feickert; Gosch; Greenfield; Hamiel; Hoffman; Jensen; Juhnke; Kirschman; Kopp; Krebs; Lange; Lederman; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Rounds; Schlekeway; Sly; Solum; Steele; Tidemann; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Hunt; Russell

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exclusive benefit requirements and the range of investments available to the South Dakota Retirement System member trust fund.

Was read the first time and referred to the Committee on Retirement Laws.

SB 49: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2010.

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

SB 65: FOR AN ACT ENTITLED, An Act to revise the time frame for the design of a new motor license plate series and the issuance of a new motor license plate design series and to transfer funds from the license plate special revenue fund to the prison industries revolving fund.

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

SB 80: FOR AN ACT ENTITLED, An Act to clarify certain conditions of service by elected municipal officials.

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

SB 105: FOR AN ACT ENTITLED, An Act to provide a statutory reference for the code of ethics for certified teachers and administrators.

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

SB 106: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents and the Building Authority to contract for construction of classroom facilities at the University Center in Sioux Falls to replace facilities leased from the Sioux Falls School District, and to make an appropriation therefor.

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

SB 126: FOR AN ACT ENTITLED, An Act to permit flexible staffing for local government public safety answering points.

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

SB 136: FOR AN ACT ENTITLED, An Act to allow municipalities to maintain the same number of on-sale alcoholic beverage licenses when certain on-sale alcoholic beverage licenses are not reissued.

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

SB 148: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the withdrawal of blood to determine alcohol content.

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

SB 149: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the method of calculating subsequent DUI offenses.

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

SB 184: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the taxes imposed by water development districts and the addition and withdrawal of territory for water development districts.

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

SB 190: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the opt-out rights of credit card customers.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1228: FOR AN ACT ENTITLED, An Act to establish an ancillary standard in determining the best interests of a child.

Was read the second time.

The question being "Shall HB 1228 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); 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:
Hunt; 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 1155: FOR AN ACT ENTITLED, An Act to require the marking of certain anemometer towers used for wind energy testing purposes.

Was read the second time.

The question being "Shall HB 1155 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Hunt; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1165: FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain alcoholic beverage licenses.

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

The question being "Shall HB 1165 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, 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); Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; 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; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III; Lederman; Van Gerpen

Excused:
Hunt; 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 1246: FOR AN ACT ENTITLED, An Act to revise the definition of new business facilities that are eligible for certain tax refunds and to declare an emergency.

Was read the second time.

1246xa

Rep. Bernie Hunhoff moved that HB 1246 be amended as follows:

On page 2 of the House Taxation Committee engrossed bill, delete lines 7 to 9, inclusive.

A roll call vote was requested and supported.

The question being on Rep. Bernie Hunhoff's motion that HB 1246 be amended.

And the roll being called:

Yeas 24, Nays 44, Excused 2, Absent 0

Yeas:
Blake; Burg; Dennert; Elliott; Engels; Gibson; Hamiel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Lange; Lucas; Nygaard; Russell; Schrempp; Solberg; Sorenson; Street; Thompson; Van Gerpen; Vanderlinde; Wismer

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

Excused:
Hunt; Wink

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

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1246 pass as amended?"

And the roll being called:

Yeas 32, Nays 36, Excused 2, Absent 0

Yeas:
Blake; Burg; Conzet; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hamiel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Lange; Lucas; McLaughlin; Moser; Nygaard; Olson (Ryan); Russell; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Verchio; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Faehn; Gosch; Greenfield; Hoffman; Jensen; Juhnke; Kopp; Krebs; Lederman; Lust; Noem; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Speaker Rave

Excused:
Hunt; Wink

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

HB 1057: FOR AN ACT ENTITLED, An Act to revise and update certain provisions relating to dairy production and inspection.

Was read the second time.

1057rc

Rep. Betty Olson moved that HB 1057 be amended as follows:

On page 8, line 7, of the House Agriculture and Natural Resources Committee engrossed bill, delete "penalty" and insert "fine".

On page 8, line 7, after "violation" insert ",".

On page 8, line 8, after "." Insert "All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, § 3.".

Which motion lost.

The question being "Shall HB 1057 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

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

Nays:
Frerichs; Schrempp

Excused:
Hunt; Putnam

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 1135: FOR AN ACT ENTITLED, An Act to rescind all previous applications of the State of South Dakota for the calling of a federal constitutional convention to amend the Constitution of the United States.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1135 pass?"

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

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

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

Excused:
Hunt; Putnam

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 1201: FOR AN ACT ENTITLED, An Act to provide that certain tax laws applicable on December 31, 2009, apply to certain wills and trusts that refer to federal estate and generation-skipping transfer tax laws, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1201 pass?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

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

Excused:
Hunt

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.

Rep. Faehn moved that the House do now recess until 2:00 p.m., which motion prevailed and at 11:58 p.m., the House recessed.

RECESS

The House reconvened at 2:00 p.m., the Speaker presiding.

HB 1018: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance benefit eligibility of part-time workers and to provide additional unemployment insurance benefits to workers attending approved training.

Was read the second time.

1018sa

Rep. Greenfield moved that HB 1018 be amended as follows:

On page 2, after line 23 of the printed bill, insert:

" Section 3. The provisions of this Act are repealed on July 1, 2013.".

Rep. Deadrick called for a division of the House.

The Speaker declared Rep. Greenfield's motion prevailed.

The question being "Shall HB 1018 pass as amended?"

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

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

Nays:
Deadrick; Greenfield; Kopp; Olson (Betty); Russell; Steele; Van Gerpen

Excused:
Hunt

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 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.

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

1107fa

Rep. Cronin moved that HB 1107 be amended as follows:

On the House Local Government Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 32-12A-13 be amended to read as follows:

32-12A-13. The department may issue a nonresident CDL to:

(1) A person who is domiciled in a foreign jurisdiction whose commercial motor vehicle testing and licensing standards, as determined by the administrator of the Federal Motor Carrier Safety Administration, do not meet the testing standards established in 49 C.F.R. Part 383 as amended through January 1, 2007;

(2) A person who is domiciled in a state whose commercial driver licensing program has been decertified by the administrator of the Federal motor Carrier Safety Administration.

The word, nonresident, shall appear on the face of the nonresident CDL. An applicant shall surrender any nonresident CDL issued by another state. The holder of a nonresident CDL is subject to the same disqualifications and conditions applicable to a commercial driver license issued to a person domiciled in this state.

A nonresident commercial driver license issued pursuant to subdivision (1) of this section may be renewed only upon presentation of valid documentary evidence that the applicant is authorized to stay in the United States. The department may renew a nonresident commercial driver license without a skills or knowledge test if the license has been expired for a period less than one year. "

Which motion prevailed.

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

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

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

Nays:
Deadrick; Engels; Feickert; Lucas; Olson (Betty); Russell; Verchio

Excused:
Hunt

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

1107ftb

Rep. Cronin moved that the title to HB 1107 be amended as follows:

On page 1, line 1, of the House Local Government Committee engrossed bill, delete everything after "to" and insert "provide for the renewal of certain nonresident commercial driver licenses.".

On page 1, delete lines 2 and 3.

Which motion prevailed and the title was so amended.

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

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

1083bd

Rep. Burg moved that HB 1083 be amended as follows:

On page 1 of the printed bill, delete lines 4 to 10, inclusive, and insert:

" Section 1. There is hereby transferred from the employer's investment in South Dakota's future fund established in § 61-5-24.2 the sum of five million four hundred thousand dollars (5,400,000),".

A roll call vote was requested and supported.

The question being on Rep. Burg's motion that HB 1083 be amended.

And the roll being called:

Yeas 24, Nays 45, Excused 1, Absent 0

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

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

Excused:
Hunt

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

Rep. Noem moved the previous question.

Which motion prevailed.

The question being "Shall HB 1083 pass?"

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); 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; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Excused:
Hunt; Nygaard

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

Speaker Pro tempore Rausch now presiding.

HB 1224: FOR AN ACT ENTITLED, An Act to revise the payment schedule for the South Dakota opportunity scholarship program.

Was read the second time.

1224cc

Rep. Sly moved that HB 1224 be amended as follows:

On page 3, after line 23 of the House Education Committee engrossed bill, insert:

" For any eligible student enrolled in a one-year program at a technical institute, the scholarship award shall equal one thousand dollars awarded at the beginning of the second semester of the first year of attendance.".

Which motion prevailed.

Rep. Noem moved the previous question.

Which motion prevailed.

The question being "Shall HB 1224 pass as amended?"

And the roll being called:

Yeas 44, Nays 26, Excused 0, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Sly; Solum; Steele; 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; Schlekeway; Schrempp; Solberg; Sorenson; Street; Thompson; Tidemann; Vanderlinde; Wismer

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 1192: FOR AN ACT ENTITLED, An Act to establish an ethanol blender pump incentive grant program, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1192 pass as amended?"

And the roll being called:

Yeas 68, Nays 2, Excused 0, Absent 0

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

Nays:
Olson (Betty); Russell

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 1263: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the terms of wind easements and wind energy leases.

Was read the second time.

The question being "Shall HB 1263 pass as amended?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; 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

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 1254: FOR AN ACT ENTITLED, An Act to permit the assignment of certain funeral benefits.

Was read the second time.

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Rep. Hoffman moved that HB 1254 be amended as follows:

On page 1, line 9, of the House Judiciary Committee engrossed bill, delete everything after "." and insert "A society shall honor the request of the owner of a benefit contract to assign the contract to, or designate an irrevocable beneficiary of, a trust which provides for the payment of funeral or burial related expenses and is established by the insured, the insurer, or owner of the benefit contract, unless the request does not conform to the laws or rules of the society. In no event may the certificate proceeds paid to such a trust exceed the actual funeral or burial related expenses incurred.".

On page 1, delete lines 10 to 14, inclusive.

On page 2, delete line 1.

On page 2, line 5, delete everything after "." and insert "A society shall honor the request of the owner of a benefit contract to collaterally assign the contract to, or make an irrevocable beneficiary designation of, a funeral home solely for the payment of funeral or burial related expenses, unless the request does not conform to the laws or rules of the society.".

On page 2, delete lines 6 to 10, inclusive.

Which motion prevailed.

The question being "Shall HB 1254 pass as amended?"

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; 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:
Lucas

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

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Rep. Hoffman moved that the title to HB 1254 be amended as follows:

On page 1, line 1, of the House Judiciary Committee engrossed bill, delete "permit" and insert "revise the requirements for".

Which motion prevailed and the title was so amended.

HB 1181: FOR AN ACT ENTITLED, An Act to eliminate the consolidation incentives for any school districts that consolidate after July 1, 2010.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1181 pass?"

And the roll being called:

Yeas 42, Nays 28, Excused 0, Absent 0

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

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

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 1272: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding paternity and termination of parental rights.

Was read the second time.

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Rep. Hunt moved that HB 1272 be amended as follows:

On page 1, line 14, of the printed bill, delete "and file a".

On page 2, line 1, delete everything before "." .

On page 7, delete line 6, and insert

" (3) A civil or administrative adjudication of the man's paternity pursuant to Title 25; or".

On page 9, line 4, delete everything after "registry" and insert ".".

On page 9, delete line 5.

On page 9, line 14, delete "and who fails to bring a paternity action within thirty days of the birth,".

On page 10, line 8, delete everything after "registry" .

On page 10, delete line 9.

On page 10, line 10, delete everything before "and" .

On page 11, delete line 6, and insert

" (1) To intervene in a pending termination of parental rights".

On page 11, line 8, delete everything after "pending" .

On page 11, line 9, after ";" insert "and".

On page 11, delete lines 10 and 11.

On page 11, delete line 12, and insert

" (3) To intervene in a pending paternity action.".

Which motion prevailed.

The question being "Shall HB 1272 pass as amended?"

And the roll being called:

Yeas 36, Nays 34, Excused 0, Absent 0

Yeas:
Bolin; Brunner; Carson; Curd; Cutler; Deadrick; Faehn; Feickert; Frerichs; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Van Gerpen; Vanneman; Speaker Rave

Nays:
Blake; Boomgarden; Burg; Conzet; Cronin; Dennert; Elliott; Engels; Fargen; Feinstein; Gibson; Gosch; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Kopp; Lange; Lucas; Nygaard; Olson (Ryan); Peters; Pitts; Schrempp; Solberg; Sorenson; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Verchio; Wink; Wismer

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

HB 1240: FOR AN ACT ENTITLED, An Act to create the South Dakota need-based grant fund, to provide for the awarding of certain need-based grants, and to repeal provisions relating to tuition equalization grants.

Was read the second time.

The question being "Shall HB 1240 pass as amended?"

And the roll being called:

Yeas 64, Nays 6, Excused 0, Absent 0

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

Nays:
Cronin; Greenfield; Olson (Betty); Peters; Russell; Verchio

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 1085: FOR AN ACT ENTITLED, An Act to prohibit certain interaction between children and registered sex offenders at youth activities.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1085 pass as amended?"

And the roll being called:

Yeas 32, Nays 38, Excused 0, Absent 0

Yeas:
Bolin; Conzet; Curd; Cutler; Deadrick; Faehn; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kopp; Krebs; Lust; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Putnam; Rausch; Rounds; Russell; Schlekeway; Solum; Steele; Van Gerpen; Vanneman; Verchio; Speaker Rave

Nays:
Blake; Boomgarden; Brunner; Burg; Carson; Cronin; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hunhoff (Bernie); Killer; Kirkeby; Kirschman; Lange; Lederman; Lucas; McLaughlin; Nygaard; Peters; Pitts; Romkema; Schrempp; Sly; Solberg; Sorenson; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Wink; Wismer

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

Speaker Rave now presiding.

HB 1138: FOR AN ACT ENTITLED, An Act to create certified technology parks and to provide certain financing mechanisms and bonding authority to enhance knowledge and tech-based economic development.

Was read the second time.

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Rep. Peters moved that HB 1138 be amended as follows:

On page 4, line 19, of the House Commerce Committee engrossed bill, delete everything after "any" and insert "nonprofit entity recognized as an exempt organization under 501(c)(3) of the United States Internal Revenue Code, as amended and in effect on January 1, 2010, whose substantial purpose is medical research or high technology".

On page 6, line 20, after "public" insert "or private".

On page 6, line 21, after "public" insert "or private".

On page 8, line 7, after "public" insert "or private".

On page 8, line 10, delete "9" and insert "8".

On page 8, line 12, delete "body" and insert "or private nonprofit entity".

On page 8, line 14, delete "section" and insert "Act".

On page 8, line 14, delete "attributable to" and insert "are attributable to the lesser of the base taxable value or".

On page 8, line 16, delete "or the base taxable value".

On page 8, line 16, delete "11" and insert "10".

On page 8, line 19, delete "16" and insert "15".

On page 9, line 15, delete "10" and insert "9".

On page 9, line 16, delete "11" and insert "10".

On page 9, line 20, delete "considers appropriate" and insert "requires".

On page 10, line 1, delete "6" and insert "5".

On page 10, line 4, delete "6" and insert "5".

On page 11, line 5, delete "10" and insert "9".

On page 11, line 6, delete "16" and insert "15".

On page 12, line 14, delete "16" and insert "15".

On page 13, after line 12, insert:

" Section 20. The Department of Tourism and State Development shall promulgate rules pursuant to chapter 1-26 to:

(1) Prescribe the application procedures and the form and content of the application and business plan for a certified technology park;

(2) Set the minimum criteria for an area to be designated as a certified technology park;

(3) Establish certain level of financial and technical support for the certified technology park and the required evidence of public and private partnerships;

(4) Establish terms and conditions on how the certified technology park may be operated including the ownership of facilities and buildings;

(5) Determine the commitment of postsecondary, private, or federal research and development for the park;

(6) Determine the commitment of the local governments and economic development organization to the park; and

(7) Require certain documents and reports regarding the operation and activities of the park to be filed with the department.".

Which motion prevailed.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1138 pass as amended?"

And the roll being called:

Yeas 50, Nays 20, Excused 0, Absent 0

Yeas:
Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Elliott; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Blake; Bolin; Boomgarden; Burg; Dennert; Feickert; Feinstein; Hoffman; Hunhoff (Bernie); Iron Cloud III; Kopp; Moser; Nygaard; Russell; Schrempp; Solberg; Sorenson; Van Gerpen; Vanderlinde; Verchio

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

HB 1226: FOR AN ACT ENTITLED, An Act to set certain age requirements for persons who sell malt beverages and South Dakota made wine at certain alcoholic beverage off-sale licensees.

Was read the second time.

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

And the roll being called:

Yeas 50, Nays 20, Excused 0, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; McLaughlin; Nygaard; Olson (Betty); Pitts; Romkema; Schlekeway; Schrempp; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

Nays:
Carson; Conzet; Cronin; Faehn; Hunt; Juhnke; Kopp; Lust; Moser; Noem; Novstrup (David); Olson (Ryan); Peters; Putnam; Rausch; Rounds; Russell; Sly; Van Gerpen; Vanneman

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 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions for the procurement of goods and services for governmental agencies.

Was read the second time.

The question being "Shall HB 1046 pass as amended?"

And the roll being called:

Yeas 65, Nays 5, Excused 0, Absent 0

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

Nays:
Engels; Gibson; Lange; Schrempp; Solberg

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 SENATE BILLS AND JOINT RESOLUTIONS

Rep. Faehn moved that SB 23, 13, 24, 157, 16, 46, and 48 be deferred to Wednesday, February 24^th, the 27^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1005, 1006, 1034, 1045, 1058, 1094, 1096, 1101, 1103, 1108, 1120, 1126, 1166, and 1190 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., February 23, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1010, 1017, 1028, 1029, 1035, 1038, 1043, 1044, 1081, 1082, 1090, 1100, 1102, 1129, 1137, 1151, 1152, 1176, and 1185 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1010: FOR AN ACT ENTITLED, An Act to revise the requirements for the compilation and printing of the legislative manual referred to as the blue book.

HB 1017: FOR AN ACT ENTITLED, An Act to provide for state adoption of the 2009 Uniform Plumbing Code.

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain requirements for the provisional certification of interpreters for the deaf and revise certain authority to promulgate rules concerning certified interpreters for the deaf.

HB 1029: FOR AN ACT ENTITLED, An Act to authorize the Board of Social Worker Examiners to deny, suspend, or revoke applications for licensure or licenses under certain circumstances and repeal certain physical examination provisions.

HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding boat license decals and boat numbering.

HB 1038: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to orders issued for examinations of certain insurers.

HB 1043: FOR AN ACT ENTITLED, An Act to revise the risk pool rate methodology, to revise the number of risk pool benefit plans offered, and to revise open enrollment for uninsurable children.

HB 1044: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, physician assistants, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, and the dental tuition reimbursement program.

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

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

HB 1090: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the county legal expense relief fund.

HB 1100: FOR AN ACT ENTITLED, An Act to revise certain provisions related to airport revenue bonds.

HB 1102: FOR AN ACT ENTITLED, An Act to repeal certain provisions establishing the Wall Lake State Game Bird Refuge in Hand County.

HB 1129: FOR AN ACT ENTITLED, An Act to provide for the early reinstatement of a student expelled from school under certain circumstances.

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.

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

HB 1152: FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a framework for entrepreneurship education.

HB 1176: FOR AN ACT ENTITLED, An Act to authorize certain licensed hunters who are quadriplegic to hunt using a designated hunter.

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

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

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

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1006 Introduced by: Representatives Lederman, Bolin, Carson, Deadrick, Dennert, Faehn, Hunhoff (Bernie), Juhnke, Lust, Noem, Putnam, Schlekeway, Steele, Tidemann, Turbiville, and Wink and Senators Gant, Brown, Dempster, Hanson (Gary), Heidepriem, Knudson, and Olson (Russell)

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Sarah Cork of Jefferson, South Dakota, for receiving a 2010 Prudential Spirit of Community Award for her outstanding record of volunteer service.

WHEREAS, Sarah Cork, a junior at Dakota Valley High School in North Sioux City, received this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, for her extraordinary commitment to serve others; and

WHEREAS, Sarah earned this award for her tremendous efforts doing missionary work in rural Ireland, traveling there on her own, soliciting donations for travel expenses and other necessities, and working steadfastly with a missionary family to help teach vacation Bible school, distribute Christian magazines, and work at a Christian bookstore among other tasks; and

WHEREAS, the success of this state, the strength of our communities, and the overall vitality of America depends, in great measure, upon the dedication of young people like Sarah Cork, who use their considerable talents and resources to help others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Sarah Cork, recipient of a 2010 Prudential Spirit of Community Award, be recognized for her outstanding volunteer service 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 5:01 p.m. the House adjourned.

Karen Gerdes, Chief Clerk