House of Representatives Journal 3/4/2010 01:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 4, 2010

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House page Saraya Rollins.

Roll Call: All members present except Reps. Lederman, Noem, Pitts, and Schrempp 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 thirty-first 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

March 3, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 3, 2010, I approved House Bills 1008, 1037, 1040, 1062, 1063, 1064, 1065, 1069, 1070, and 1073, 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 Education respectfully reports that it has had under consideration SB 191, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 75 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 172 and 184 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 SB 30 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 100 and 131 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 97 and 98 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1131, 1132, 1155, 1181, 1201, 1222, 1244, 1249, 1254, and 1257 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1016, 1018, and 1248 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The House proceeded to the reconsideration of HB 1137 pursuant to the veto of the Governor and the veto message found on page 668 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall HB 1137 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 2, Nays 64, Excused 4, Absent 0

Yeas:
Faehn; Iron Cloud III

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

Excused:
Lederman; Noem; Pitts; Schrempp

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

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 4 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 Shaydel Engel, Bailey Hurlbert, Seth Lopour, Kelsey Luckhurst, Jayme Manke, Donald Nelson, Tyler Peterson,

Megan Pushor, Eran Rea, Saraya Rollins, Tyler Stenberg, Nicolas Torberson, Nellie Two Elk, Kelsey Warner.

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 4 be adopted.

Which motion prevailed and the resolution was adopted.

Rep. Turbiville moved that the House do concur in Senate amendments to HB 1001.

The question being on Rep. Turbiville's motion that the House do concur in Senate amendments to HB 1001.

And the roll being called:

Yeas 64, Nays 2, 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; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III; Van Gerpen

Excused:
Lederman; Noem; Pitts; Schrempp

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

Rep. Turbiville moved that the House do concur in Senate amendments to HB 1002.

The question being on Rep. Turbiville's motion that the House do concur in Senate amendments to HB 1002.

And the roll being called:

Yeas 59, Nays 7, Excused 4, Absent 0

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

Nays:
Engels; Iron Cloud III; Russell; Sorenson; Steele; Van Gerpen; Vanneman

Excused:
Lederman; Noem; Pitts; Schrempp

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

Rep. Tidemann moved that the House do not concur in Senate amendments to HB 1051 and that no committee be appointed.

Rep. Lucas moved as a substitute motion that the House do not concur in Senate amendments to HB 1051 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

A roll call vote was requested and supported.

The question being on Rep. Lucas' substitute motion that the House do not concur in Senate amendments to HB 1051 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

And the roll being called:

Yeas 22, Nays 44, Excused 4, Absent 0

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

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

Excused:
Lederman; Noem; Pitts; Schrempp

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

The question being on Rep. Tidemann's motion that the House do not concur in Senate amendments to HB 1051 and that no committee be appointed.

And the roll being called:

Yeas 50, Nays 16, Excused 4, Absent 0

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

Nays:
Blake; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Kirschman; Lange; Nygaard; Solberg; Thompson; Vanderlinde; Wismer

Excused:
Lederman; Noem; Pitts; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and no committee was appointed.

Rep. Deadrick moved that the House do concur in Senate amendments to HB 1104.

Rep. Nygaard moved as a substitute motion that the House do not concur in Senate amendments to HB 1104 and that no committee be appointed.

The question being on Rep. Nygaard's substitute motion that the House do not concur in Senate amendments to HB 1104 and that no committee be appointed.

And the roll being called:

Yeas 20, Nays 46, Excused 4, Absent 0

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

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

Excused:
Lederman; Noem; Pitts; Schrempp

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

The question being on Rep. Deadrick's motion that the House do concur in Senate amendments to HB 1104.

And the roll being called:

Yeas 52, Nays 14, Excused 4, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Feickert; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Blake; Elliott; Fargen; Feinstein; Frerichs; Gibson; Iron Cloud III; Killer; Lange; Nygaard; Solberg; Sorenson; Thompson; Vanderlinde

Excused:
Lederman; Noem; Pitts; Schrempp

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

Rep. Solum moved that the House do concur in Senate amendments to HB 1118.

The question being on Rep. Solum's motion that the House do concur in Senate amendments to HB 1118.

And the roll being called:

Yeas 65, Nays 1, 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; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Thompson

Excused:
Lederman; Noem; Pitts; Schrempp

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

HCR 1012: A CONCURRENT RESOLUTION, Directing the South Dakota State Investment Council to apply its Social Activism Policy to address the ongoing genocide and other atrocities being committed in Sudan.

Rep. Hunhoff moved that HCR 1012 as found on page 678 of the House Journal be adopted.

The question being on Rep. Hunhoff's motion that HCR 1012 be adopted.

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

Yeas:
Blake; Bolin; 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; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Boomgarden; Steele

Excused:
Lederman; Noem; Pitts; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1012 was adopted.

Rep. Faehn moved that consideration of HCR 1013 be deferred to Monday, March 8^th, the 33^rd legislative day.

Which motion prevailed.

Speaker Pro tempore Rausch now presiding.

SCR 4: A CONCURRENT RESOLUTION, Opposing certain federal legislation related to equine slaughter and processing and urging the reinstatement and funding of federal inspection programs governing equine slaughter and processing facilities.

Rep. Nygaard moved that SCR 4 as found on pages 486 to 488 and amended on page 509 of the Senate Journal be concurred in.

The question being on Rep. Nygaard's motion that SCR 4 be concurred in as amended.

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

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

Nays:
Engels; Iron Cloud III

Excused:
Lederman; Noem; Pitts; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in as amended.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Retirement Laws on SB 21 as found on page 669 of the House Journal; also

State Affairs on SB 102 as found on page 670 of the House Journal; also

Judiciary on SB 12 as found on pages 671 to 673 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 19: FOR AN ACT ENTITLED, An Act to increase contributions related to the optional spouse protection program within the South Dakota Retirement System and to prohibit any new enrollments in the program.

Was read the second time.

The question being "Shall SB 19 pass?"

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; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Lederman; Noem; Pitts; Schrempp

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 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 second time.

The question being "Shall SB 105 pass as amended?"

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Blake; Elliott

Excused:
Lederman; Noem; Pitts; Schrempp

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 42: FOR AN ACT ENTITLED, An Act to restrict the licensure and prohibit the employment of certain persons, including persons on the sex offender registry, in certain child welfare agencies or family day care centers.

Was read the second time.

The question being "Shall SB 42 pass as amended?"

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; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Lederman; Noem; Pitts; Schrempp

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 81: FOR AN ACT ENTITLED, An Act to exempt open-loop prepaid cards from unclaimed property provisions.

Was read the second time.

The question being "Shall SB 81 pass as amended?"

And the roll being called:

Yeas 65, Nays 1, 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; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III

Excused:
Lederman; Noem; Pitts; Schrempp

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 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 second time.

The question being "Shall SB 168 pass?"

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; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Lederman; Noem; Pitts; Schrempp

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 141, 124, and 115 be placed to follow SB 169 on today's calendar.

Which motion prevailed.

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 second time.

Rep. Rounds moved that SB 188 be amended as follows:

On page 1, line 9, of the Senate engrossed bill, overstrike ", in an" and insert "and wine, in one".

On page 2, line 3, overstrike ", in an" and insert "and wine, in one".

Which motion prevailed.

The question being "Shall SB 188 pass as amended?"

And the roll being called:

Yeas 50, Nays 15, Excused 5, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Fargen; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirkeby; Krebs; Lange; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Street; Thompson; Tidemann; Turbiville; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Blake; Burg; Engels; Feickert; Iron Cloud III; Killer; Kirschman; Kopp; Lucas; Solberg; Sorenson; Steele; Van Gerpen; Vanderlinde; Wismer

Excused:
Faehn; Lederman; Noem; Pitts; Schrempp

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

Was read the second time.

The question being "Shall SB 2 pass as amended?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, Absent 0

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

Nays:
Engels; Iron Cloud III; Steele

Excused:
Faehn; Lederman; Noem; Pitts; Schrempp

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 64: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to authorize the construction and establish the state cost share for the Southern Black Hills Water System, and to declare an emergency.

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

The question being "Shall SB 64 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

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

Excused:
Faehn; Lederman; Noem; Pitts; Schrempp

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. Lust moved that SB 67, 78, 192, 18, 20, 88, 58, 134, 156, 32, 35, 108, 169, 141, 124, and 115 be deferred to Monday, March 8^th, the 33^rd legislative day.

Which motion prevailed.

Speaker Rave now presiding.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 155 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 80 and 114 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 Local Government respectfully reports that it has had under consideration SB 104 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 3, of the Senate engrossed bill, delete "public bodies" and insert "any public body of the state or its political subdivisions".

On page 3, line 5, delete everything after "." and insert "For the purposes of this section, a political subdivision or a public body of a political subdivision means any".

On page 4, line 12, of the Senate engrossed bill, delete "appointed by a governing body that meets" and insert "which does not meet".

On page 4, line 13, after "§ 1-25-1" insert ", but was appointed by the governing body,"

On page 4, line 15, delete ", and the" and insert ". The".

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 SB 79 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. No business or other public or private employer may establish, maintain, or enforce a policy, requirement, or rule that prohibits any person from transporting or storing, on any real estate for invitee or employee parking, a firearm or ammunition if the person is otherwise in compliance with all applicable state statutes and rules and the firearm or ammunition is locked out of sight within the trunk, glove box, or other enclosed compartment or area within a privately-owned motor vehicle.

Section 2. Any person who is legally entitled to transport or store a firearm or ammunition, but is denied the opportunity to do so by a policy or rule prohibited by section 1 of this Act, may bring a civil action in the appropriate court to enjoin any business entity or other public or private employer from violating section 1 of this Act. In any actions brought pursuant to this section, court costs and attorney fees shall be awarded to the prevailing plaintiff."

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "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.".

On page 1, delete line 2.

And returns the same without recommendation.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 130 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 54 and 66.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1014, 1033, 1071, 1075, 1076, 1078, 1079, 1080, 1088, 1092, 1180, 1206, 1260, and 1275 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., March 4, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1042, 1131, 1132, 1155, 1181, 1201, 1222, 1244, 1249, 1254, and 1257 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1042: FOR AN ACT ENTITLED, An Act to increase certain billboard permit fees.

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

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

HB 1155: FOR AN ACT ENTITLED, An Act to require the marking of certain anemometer towers used for wind energy testing purposes.

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

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.

HB 1222: FOR AN ACT ENTITLED, An Act to exempt persons selling certain foods at farmers' markets from licensure requirements and to establish other requirements for the sale of those foods.

HB 1244: FOR AN ACT ENTITLED, An Act to increase the penalty for solicitation of a minor.

HB 1249: FOR AN ACT ENTITLED, An Act to provide for the disposition of certain property sold at auction but not claimed.

HB 1254: FOR AN ACT ENTITLED, An Act to revise the requirements for the assignment of certain funeral benefits.

HB 1257: FOR AN ACT ENTITLED, An Act to remove certain provisions relating to countersignatures for insurance producers.

SB 10: FOR AN ACT ENTITLED, An Act to reduce the grace period for certain sex offender registry registrations.

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole eligibility.

SB 61: FOR AN ACT ENTITLED, An Act to require an electric utility to file rates for purchases of electricity produced by small renewable power facilities.

SB 85: FOR AN ACT ENTITLED, An Act to revise the continuing education requirements for certain veterinarians.

SB 86: FOR AN ACT ENTITLED, An Act to revise certain requirements related to the licensure of veterinarians.

SB 90: FOR AN ACT ENTITLED, An Act to provide an exception from one-call notification requirements to natural gas operators in emergency situations.

SB 96: FOR AN ACT ENTITLED, An Act to provide for the continuation of the waiver of the collaborative agreement requirement for certified nurse midwives providing out-of-hospital birth services.

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.

SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to trusts.

SB 109: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the deposit of county funds related to the 24/7 sobriety program.

SB 110: FOR AN ACT ENTITLED, An Act to provide for the posting of a bond by parolees under certain circumstances.

SB 166: FOR AN ACT ENTITLED, An Act to provide for the liquidation of the remaining property of the South Dakota Cement Plant Commission, to provide for the administration and payment of existing liabilities, to provide for the orderly winding up of the commission's affairs, to provide for the transfer of any remaining net proceeds, and to abolish the commission.

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

SJR 3: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to the right of individuals to vote by secret ballot.

And signed the same in the presence of the House.

HC 1012 Introduced by: Representatives Schlekeway and Solberg and Senator Gant

A LEGISLATIVE COMMEMORATION, Honoring the Sioux Falls Roosevelt High School Boys' Golf Team and the students involved in the program for winning the 2009 State Class AA Boys' Golf Championship.

WHEREAS, the Roosevelt High School Boys' Golf Team became the 2009 State Class AA Boys' Golf Champions under the direction of head coach Pam Hoiland; and

WHEREAS, the Roosevelt High School Boys' Golf Team was exemplary in its unity and the accord of all its members, including Grant Wynia, Austin Erickson, Mitchell Smith, Talon Eich, Blake Swee, and Austin Sitter; and

WHEREAS, the Roosevelt High School Boys' Golf Team showed hard work, dedication, and determination in its goals toward the 2009 State Class AA Boys' Golf Championship title:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Roosevelt High School Boys' Golf Team be congratulated on winning the 2009 State Class AA Boys' Golf Championship.

HC 1013 Introduced by: Representatives Schlekeway and Solberg and Senator Gant

A LEGISLATIVE COMMEMORATION, Congratulating Grant Wynia from Sioux Falls Roosevelt High School for winning the 2009 State Class AA Boys' Golf individual championship title.

WHEREAS, Grant Wynia set goals, trained hard in practice, and displayed enormous effort on the course to achieve his goals; and

WHEREAS, He exhibited uncontested athleticism, sportsmanship, and professionalism in his conquest of the individual state championship; and

WHEREAS, Grant Wynia carded a 147 and helped Roosevelt High School win the 2009 State Class AA Boys' Golf Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Grant Wynia be congratulated on being the 2009 State Class AA Boys' Individual Golf Champion.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:32 p.m. the House adjourned.

Karen Gerdes, Chief Clerk