House of Representatives Journal 3/9/2010 11:00 AM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

THIRTY-FOURTH DAY

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

The House convened at 11:00 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House pages Kourtney Hauge and Lindsay Veflin.

Roll Call: All members present except Rep. Elliott who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-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.

COMMUNICATIONS AND PETITIONS

March 9, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 8, 2010, I approved House Bills 1014, 1071, 1075, 1076, 1078, 1079, 1080, 1092, 1180, 1260, and 1275, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1046, 1054, 1107, 1135, 1136, 1164, 1177, 1214, 1228, 1240, and 1270 and HJR 1004 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1036, 1057, 1105, 1160, 1241, and 1264 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 121.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 62 and has appointed Sens. Vehle, Fryslie, and Hundstad as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Trudy Evenstad, Secretary

ANNOUNCEMENTS

The Speaker appointed Reps. Krebs, Russell, and Street as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 62.

MOTIONS AND RESOLUTIONS

Rep. Ryan Olson moved that the House do concur in Senate amendments to HB 1041.

The question being on Rep. Ryan Olson's motion that the House do concur in Senate amendments to HB 1041.

And the roll being called:

Yeas 58, Nays 9, Excused 3, Absent 0

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

Nays:
Burg; Carson; Feinstein; Greenfield; Kopp; Olson (Betty); Russell; Vanderlinde; Wink

Excused:
Elliott; Lange; Rausch

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. Lust moved that the House do concur in Senate amendments to HB 1109.

The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1109.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; 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; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott; Lange

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 1014: A CONCURRENT RESOLUTION, Urging the members of the United States Congress to propose the Parental Rights Amendment to the states for ratification.

Rep. Brunner moved that HCR 1014 as found on pages 725 and 726 of the House Journal be adopted.

The question being on Rep. Brunner's motion that HCR 1014 be adopted.

And the roll being called:

Yeas 41, Nays 28, Excused 1, Absent 0

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

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

Excused:
Elliott

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1014 was adopted.

HCR 1015: A CONCURRENT RESOLUTION, Supporting the American Recovery and Reinvestment Act.

Rep. Hunhoff moved that HCR 1015 as found on pages 726 and 727 of the House Journal be adopted.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being on Rep. Hunhoff's motion that HCR 1015 be adopted.

And the roll being called:

Yeas 23, Nays 45, Excused 2, Absent 0

Yeas:
Blake; Burg; Dennert; 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; 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; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Elliott; Schlekeway

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

HCR 1016: A CONCURRENT RESOLUTION, Opposing certain indirect land use change provisions that unfairly impact biofuels production in the United States.

Rep. Fargen moved that HCR 1016 as found on pages 727 and 728 of the House Journal be adopted.

The question being on Rep. Fargen's motion that HCR 1016 be adopted.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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

Excused:
Elliott

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1016 was adopted.

SCR 5: A CONCURRENT RESOLUTION, Expressing support for the public awareness of multiple sclerosis and recognizing MS Awareness Week as March 8-14, 2010.

Rep. Nygaard moved that SCR 5 as found on pages 543 and 544 of the Senate Journal be concurred in.

The question being on Rep. Nygaard's motion that SCR 5 be concurred in.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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

Excused:
Elliott

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in.

HCR 1017 Introduced by: Representatives Brunner, Cronin, Frerichs, Hoffman, Kopp, Olson (Betty), Russell, Schrempp, Sly, Sorenson, Van Gerpen, and Verchio and Senators Rhoden, Bartling, Gant, Howie, Maher, Novstrup (Al), and Peterson

A CONCURRENT RESOLUTION, Opposing federal control of state water rights through unnecessary expansion of the federal Clean Water Act.

WHEREAS, over the past thirty-five years, the federal Clean Water Act (CWA), supported by other federal, state, and local laws, has governed our nation's waters and has helped ensure that Americans enjoy some of the cleanest rivers and lakes in the world; and

WHEREAS, the Clean Water Act has struck a proper balance between protecting our clean water and maintaining state, local, and federal regulatory authority and responsibilities; and

WHEREAS, states and local governments exercise abundant care over the water and land use decisions that are within state and local government jurisdiction; and

WHEREAS, proposed congressional legislation, "The Clean Water Restoration Act" is intended to make extreme changes to the Clean Water Act that threaten to destroy the careful intergovernmental balance that has been the hallmark of the law during its long history; and

WHEREAS, this legislation would give the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) authority over "all interstate and intrastate waters and their tributaries," including nonnavigable waters, thereby granting to Congress authority far beyond the original scope of the Clean Water Act. This would dramatically expand the reach of the federal bureaucracy and would fundamentally erode the ability of state and local governments to manage their own water resources; and

WHEREAS, the legislation would also grant EPA and the Corps the authority to regulate "activities affecting" these newly defined waters, whether public or private activities, regardless of whether the activity is occurring in, or may impact, water at all. This could result in nearly limitless federal permitting requirements which intrude upon or preempt local government land use decisions; and

WHEREAS, a recent nation-wide poll shows that sixty-three percent of Americans surveyed oppose the proposed extreme changes to the Clean Water Act. Of that sixty-three percent, forty-seven percent "strongly oppose" any change in the CWA that would give the federal government veto power over state and local governments when it comes to local land and water use decisions:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature expresses its strong opposition to any federal legislation that would expand the reach and scope of the Clean Water Act. We call on Congress to preserve the traditional power of states over land and water use decisions and to avoid unnecessary expansions of the regulatory reach of the CWA.

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

State Affairs on SB 139 as found on page 717 of the House Journal; also

State Affairs on SB 187 as found on page 718 of the House Journal; also

State Affairs on SB 195 as found on pages 718 to 722 of the House Journal; also

Appropriations on SB 22 as found on pages 738 to 744 of the House Journal; also

Appropriations on SB 106 as found on pages 744 and 745 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 125: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to violations associated with the statewide one-call notification system.

Was read the second time.

The question being "Shall SB 125 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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

Excused:
Elliott

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

Was read the second time.

The question being "Shall SB 148 pass?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; 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

Nays:
Fargen

Excused:
Elliott

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 172 and 184 be placed to follow SB 155 and SB 124 be placed to follow SB 22 on today's calendar.

Which motion prevailed.

SB 102: FOR AN ACT ENTITLED, An Act to ratify and continue the lease agreement on the Black Hills Playhouse.

Was read the second time.

The question being "Shall SB 102 pass as amended?"

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

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

Excused:
Elliott

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.

102ota

Rep. Rausch moved that the title to SB 102 be amended as follows:

On page 1, line 1, of the House State Affairs Committee engrossed bill, delete "ratify" and insert "modify".

Which motion prevailed and the title was so amended.

Rep. Faehn moved that the House do now recess until 2:00 p.m., which motion prevailed and at 11:57 a.m., the House recessed.

RECESS

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

There being no objection, the House reverted to Order of Business No. 7.

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 2 and 188.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1018 Introduced by: Representatives Iron Cloud III, Faehn, Hunhoff (Bernie), Killer, and Lucas and Senator Bradford

A CONCURRENT RESOLUTION, Expressing concern at the ruling by the United States Supreme Court in the case of Citizens United v. Federal Elections Commission and to request a constitutional amendment to reverse the decision.

WHEREAS, on January 21, 2010, the United States Supreme Court, by a 5-4 decision in the case of Citizens United v. Federal Elections Commission, overturned parts of the 2002 McCain-Feingold Bipartisan Campaign Reform Act, as well as earlier Supreme Court decisions and other federal campaign legislation dating back to 1907; and

WHEREAS, the Supreme Court's decision in Citizens United v. Federal Elections Commission will allow millions of dollars in corporate spending on political campaigns on the basis of protecting the free speech of corporations under the First Amendment; and

WHEREAS, the Court's ruling holds that corporations and other business organizations are guaranteed the rights of persons under the United States Constitution and can exercise free speech by maintaining their own unlimited political campaigns outside of the reach of government regulation that limits campaign contributions; and

WHEREAS, the First Amendment to the United States Constitution was designed to protect the free speech rights of people, not corporations; and

WHEREAS, the Court's ruling in Citizens United v. Federal Elections Commission grants excessive power to corporate interests and overturns longstanding precedent prohibiting corporations from spending their general treasury funds for election purposes; and

WHEREAS, the Court's ruling in this case will allow unprecedented amounts of corporate money to influence the American political process, which constitutes a direct threat to our democratic institutions; and

WHEREAS, the Congress, the states, and the people of the United States have the ability and the right to make use of the constitutional amendment process to correct decisions of the Supreme Court that threaten the principles of democracy and self-government or the well-being of the nation:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature calls upon the Congress and the States to propose and to ratify a constitutional amendment that would reverse the Supreme Court's decision in the case of Citizens United v. Federal Election Commission in order to protect our democracy from undue corporate influence and ensure that the people continue to have a voice in the operation of government.

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

Rep. Faehn moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Wednesday, March 10^th, the 35^th legislative day.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(continued)

SB 12: FOR AN ACT ENTITLED, An Act to provide for a tiered sex offender registry and to establish certain criteria for eligibility to petition for removal or reassignment.

Was read the second time.

12rs

Rep. Gosch moved that SB 12 be amended as follows:

On page 3, line 17, of the House Judiciary Committee engrossed bill, delete "or".

On page 3, delete lines 18 to 24, inclusive.

On page 4, delete line 1.

Which motion prevailed.

12rt

Rep. Gosch moved that SB 12 be further amended as follows:

On page 2, line 3, of the House Judiciary Committee engrossed bill, overstrike "§" and insert "subdivision".

On page 2, line 3, overstrike ", 22-24B-".

On page 2, line 4, overstrike "1(9), or 22-22-7.2".

Which motion prevailed.

The question being "Shall SB 12 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; 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; Pitts; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Rounds; Russell; Verchio

Excused:
Elliott; 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.

12rta

Rep. Gosch moved that the title to SB 12 be amended as follows:

On page 1, line 1, of the House Judiciary Committee engrossed bill, after "registry" insert ", to remove certain misdemeanors and juvenile offenses from the sex offender registry,".

Which motion prevailed and the title was so amended.

SB 75: FOR AN ACT ENTITLED, An Act to define certain terms related to liability for agritourism activities.

Was read the second time.

75ra

Rep. Hunt moved that SB 75 be amended as follows:

On page 2, line 8, of the Senate engrossed bill, delete "rural bed and breakfasts,".

Which motion prevailed.

The question being "Shall SB 75 pass as amended?"

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

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

Excused:
Elliott; Noem

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 100: FOR AN ACT ENTITLED, An Act to continue the motorcycle safety education fee.

Was read the second time.

The question being "Shall SB 100 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Elliott; Noem

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.

SB 131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning when motor vehicles are required to have lighted front and rear lamps.

Was read the second time.

131jc

Rep. Cutler moved that SB 131 be amended as follows:

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

" Section 1. That § 32-38-1 be amended to read as follows:

32-38-1. Except as provided in chapter 32-37 and § 32-38-3, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly

adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is a petty offense and is not a moving traffic offense under the provisions of § 32-12-49.1.

Section 2. That § 32-38-5 be repealed.

~~32-38-5. Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.~~

Section 3. That chapter 32-38 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this chapter, a passenger bus means any self-propelled vehicle used on a highway to transport passengers if the passenger bus:

(1) Has a gross vehicle weight rating, or gross vehicle weight, of ten thousand one pounds or more, whichever is greater; or

(2) Is designed or used to transport more than fifteen passengers, including the driver.

Section 4. The provisions of § 32-38-1 do not apply to any motor vehicle operated on private property.

Section 5. It is the intent of the Legislature that the enforcement of this Act be conducted in a manner calculated to save lives and encourage the use of seat belts.".

Rep. Faehn moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Cutler's motion that SB 131 be amended.

And the roll being called:

Yeas 22, Nays 45, Excused 3, Absent 0

Yeas:
Blake; Burg; Curd; Cutler; Dennert; Engels; Fargen; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Lange; McLaughlin; Nygaard; Peters; Schlekeway; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

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

Excused:
Elliott; Noem; Putnam

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

The question being "Shall SB 131 pass?"

And the roll being called:

Yeas 28, Nays 39, Excused 3, Absent 0

Yeas:
Blake; Bolin; Burg; Carson; Cutler; Faehn; Fargen; Frerichs; Gibson; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Kirschman; Kopp; Krebs; Lange; Lederman; McLaughlin; Pitts; Schlekeway; Sly; Sorenson; Steele; Street; Thompson; Vanderlinde; Wismer

Nays:
Boomgarden; Brunner; Conzet; Cronin; Curd; Deadrick; Dennert; Engels; Feickert; Feinstein; Gosch; Greenfield; Hamiel; Jensen; Juhnke; Killer; Kirkeby; Lucas; Lust; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Rausch; Romkema; Rounds; Russell; Schrempp; Solberg; Solum; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Elliott; Noem; Putnam

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

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 second time.

The question being "Shall SB 155 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; 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; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott; Noem; Nygaard

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 172: FOR AN ACT ENTITLED, An Act to revise the definition for environmental upgrades used to provide a property tax exemption for coal-fired power plants.

Was read the second time.

172fc

Rep. Rausch moved that SB 172 be amended as follows:

On page 2, line 4, of the Senate Taxation Committee engrossed bill, delete everything after "rule" and insert ".".

On page 2, delete line 5.

Which motion prevailed.

The question being "Shall SB 172 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Blake; 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; Lederman; Lucas; Lust; McLaughlin; 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:
Moser; Novstrup (David)

Excused:
Elliott; Noem; Nygaard

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 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 second time.

The question being "Shall SB 184 pass as amended?"

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

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

Nays:
Blake; Feinstein; Killer; Kirkeby; Lederman; Lucas; Schrempp; Solberg; Thompson; Vanderlinde; Wismer

Excused:
Elliott; Noem

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 67: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

Was read the second time.

The question being "Shall SB 67 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; Engels; Faehn; 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; Novstrup (David); Nygaard; Olson (Betty); 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:
Fargen; Olson (Ryan)

Excused:
Elliott; Noem

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

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

192fd

Rep. Street moved that SB 192 be amended as follows:

On page 2, line 20, of the House Taxation Committee engrossed bill, delete "fifty" and insert "twenty-five".

A roll call vote was requested and supported.

The question being on Rep. Street's motion that SB 192 be amended.

And the roll being called:

Yeas 37, Nays 31, Excused 2, Absent 0

Yeas:
Blake; Brunner; Burg; Conzet; Dennert; Engels; Fargen; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Krebs; Lange; Lucas; McLaughlin; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Rausch; Romkema; Russell; Schrempp; Solberg; Solum; Sorenson; Street; Thompson; Vanderlinde; Verchio; Wismer

Nays:
Bolin; Boomgarden; Carson; Cronin; Curd; Cutler; Deadrick; Faehn; Feickert; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lederman; Lust; Moser; Novstrup (David); Peters; Putnam; Rounds; Schlekeway; Sly; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Speaker Rave

Excused:
Elliott; Noem

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 192 was so amended.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall SB 192 pass as amended?"

And the roll being called:

Yeas 29, Nays 39, Excused 2, Absent 0

Yeas:
Blake; Burg; Conzet; Dennert; Engels; Fargen; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Krebs; Lange; Lucas; Nygaard; Olson (Ryan); Schrempp; Solberg; Solum; Sorenson; Street; Thompson; Vanderlinde; Wismer

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

Excused:
Elliott; Noem

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

Speaker Pro tempore Rausch now presiding.

SB 104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding disclosure of public information and public meetings.

Was read the second time.

The question being "Shall SB 104 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Excused:
Elliott; Noem

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

Was read the second time.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

Excused:
Elliott; Noem

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

Was read the second time.

Rep. Faehn moved that SB 69 be placed to follow SB 106 on today's calendar.

Which motion prevailed.

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

Was read the second time.

The question being "Shall SB 49 pass as amended?"

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

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

Nays:
Engels; Fargen; Feickert; Feinstein; Greenfield; Iron Cloud III; Lange; Nygaard; Olson (Betty); Russell; Schrempp; Solberg; Sorenson; Vanderlinde; Verchio

Excused:
Elliott

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 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 second time.

The question being "Shall SB 53 pass?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; 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; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Deadrick; Frerichs; Russell

Excused:
Elliott

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 SB 69 be placed to precede SB 65 on today's calendar.

Which motion prevailed.

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

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

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall SB 69 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Sorenson; Wismer

Excused:
Elliott

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.

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 second time.

65od

Rep. Krebs moved that SB 65 be amended as follows:

On page 1, line 13, of the printed bill, delete "no" and insert "the".

On page 1, line 13, delete "or" and insert "and".

On page 1, line 14, delete "may take place".

On page 1, line 15, after "2011" insert "shall be delayed until January 1, 2013".

Rep. Faehn moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Krebs' motion that SB 65 be amended.

And the roll being called:

Yeas 32, Nays 37, Excused 1, Absent 0

Yeas:
Blake; Boomgarden; Brunner; Burg; Conzet; Cutler; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Novstrup (David); Nygaard; Pitts; Russell; Solberg; Street; Thompson; Vanderlinde; Speaker Rave

Nays:
Bolin; Carson; Cronin; Curd; Deadrick; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Jensen; Juhnke; Kopp; Lust; McLaughlin; Moser; Noem; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solum; Sorenson; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer

Excused:
Elliott

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

The question being "Shall SB 65 pass?"

And the roll being called:

Yeas 52, Nays 17, Excused 1, Absent 0

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

Nays:
Blake; Dennert; Engels; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Krebs; Lange; Lucas; Nygaard; Pitts; Vanderlinde

Excused:
Elliott

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.

SB 139: FOR AN ACT ENTITLED, An Act to permit the secretary of state to cancel a trademark or service mark registration under certain conditions.

Was read the second time.

The question being "Shall SB 139 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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

Excused:
Elliott

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 187: FOR AN ACT ENTITLED, An Act to provide for the adjustment of appropriated moneys to projected available revenues.

Was read the second time.

Rep. Faehn moved that SB 187 be placed to follow SB 106 on today's calendar.

Which motion prevailed.

SB 195: FOR AN ACT ENTITLED, An Act to revise the refunds for new or expanded agricultural facilities and new or expanded business facilities and to sunset the refunds for new or expanded agricultural facilities and new or expanded business facilities.

Was read the second time.

195fv

Rep. Hunhoff moved that SB 195 be amended as follows:

On page 7, after line 6 of the House State Affairs Committee engrossed bill, insert:

" Section 18. That § 10-45B-1.1 be amended to read as follows:

10-45B-1.1. For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

(1) Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

(2) Used predominantly for residential housing or transient lodging;

(3) Used predominantly to provide health care services; or

(4) That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts; or

(5) Used predominantly for the transportation or transmission of oil or crude oil by means of a pipeline. ".

A roll call vote was requested and supported.

The question being on Rep. Hunhoff's motion that SB 195 be amended.

And the roll being called:

Yeas 24, Nays 45, Excused 1, Absent 0

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

Nays:
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); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Elliott

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

The question being "Shall SB 195 pass as amended?"

And the roll being called:

Yeas 48, Nays 21, Excused 1, Absent 0

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

Nays:
Blake; Burg; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lederman; Lucas; Nygaard; Solberg; Sorenson; Thompson; Vanderlinde; Verchio

Excused:
Elliott

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.

SB 22: FOR AN ACT ENTITLED, An Act to revise the per student allocation in the state aid to general education formula, and to revise certain allocations for disabilities in the state aid to special education formula.

Was read the second time.

22cc

Rep. Fargen moved that SB 22 be amended as follows:

On page 3, line 23, of the House Appropriations Committee engrossed bill, delete "$4,804.60" and insert "$4,862.26".

Rep. Noem moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Fargen's motion that SB 22 be amended.

And the roll being called:

Yeas 25, Nays 42, Excused 3, Absent 0

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

Nays:
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; Rausch; Romkema; Rounds; Russell; Sly; Solum; Steele; Turbiville; Van Gerpen; Vanneman; Verchio; Wink

Excused:
Elliott; Tidemann; Speaker Rave

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 SB 22 pass as amended?"

And the roll being called:

Yeas 44, Nays 23, Excused 3, 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; Schlekeway; Sly; Solum; Steele; Turbiville; Van Gerpen; Vanneman; Verchio; Wink

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

Excused:
Elliott; Tidemann; 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.

SB 124: FOR AN ACT ENTITLED, An Act to establish the per student allocation for FY 2011, and to revise the index factor in the state aid to education formula.

Was read the second time.

Rep. Rounds moved that SB 124 be laid on the table.

The question being on Rep. Rounds' motion that SB 124 be laid on the table.

And the roll being called:

Yeas 61, Nays 6, Excused 3, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Deadrick; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Killer; 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; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

Nays:
Blake; Burg; Cutler; Dennert; Hunhoff (Bernie); Kirkeby

Excused:
Elliott; Tidemann; Speaker Rave

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 124 was tabled.

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 second time.

106fb

Rep. Faehn moved that SB 106 be amended as follows:

On page 2 of the House Appropriations Committee engrossed bill, delete lines 7 to 11, inclusive.

Which motion prevailed.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

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

Nays:
Blake; Burg; Greenfield; Hamiel; Moser; Olson (Betty); Russell

Excused:
Elliott; Tidemann; Speaker Rave

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.

106fta

Rep. Faehn moved that the title to SB 106 be amended as follows:

On page 1, line 3, of the House Appropriations Committee engrossed bill, delete everything after "District" .

On page 1, line 4, delete everything before "." .

Which motion prevailed and the title was so amended.

SB 187: FOR AN ACT ENTITLED, An Act to provide for the adjustment of appropriated moneys to projected available revenues.

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

Rep. Faehn moved that SB 187 be laid on the table.

The question being on Rep. Faehn's motion that SB 187 be laid on the table.

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; 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; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

Excused:
Elliott; Tidemann; Speaker Rave

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 187 was tabled.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1202 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Faehn moved that the rules be suspended for the sole purpose of placing HB 1202 on today's calendar and considering Senate amendments.

The question being on Rep. Faehn's motion that the rules be suspended for the sole purpose of placing HB 1202 on today's calendar and considering Senate amendments.

And the roll being called:

Yeas 64, Nays 3, Excused 3, 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; Lederman; Lucas; Lust; McLaughlin; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

Nays:
Blake; Moser; Novstrup (David)

Excused:
Elliott; Tidemann; Speaker Rave

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried.

Rep. Noem moved that the House do not concur in Senate amendments to HB 1202 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.

Which motion prevailed and the Speaker appointed as such committee Reps. Noem, Lust, and Dennert.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1042, 1131, 1132, 1155, 1181, 1201, 1222, 1244, 1249, 1254, and 1257 were delivered to his Excellency, the Governor, for his approval at 10:45 a.m., March 9, 2010.

Respectfully submitted,
Timothy A. Rave, Chair

COMMEMORATIONS

HC 1017 Introduced by: Representatives Cronin and Hoffman and Senator Brown

A LEGISLATIVE COMMEMORATION, Honoring and congratulating Mr. Melvin (Joe) Shaw on his 100^th birthday.

WHEREAS, Mr. Shaw has been a proud South Dakotan and resident of Legislative District 23 in Gettysburg; and

WHEREAS, Mr. Shaw has been a loving family man, with one son Harlen, two grandsons Rick and David, and two great grandchildren Samantha and Spencer; and

WHEREAS, Mr. Shaw was born the same year as our State Capitol and the Potter County Court House were built:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that we honor and congratulate Mr. Melvin (Joe) Shaw on his 100^th birthday.

HC 1018 Introduced by: Representatives Sorenson, Blake, Bolin, Fargen, Feickert, Frerichs, Gibson, Iron Cloud III, Killer, Kopp, Lucas, Rave, Rounds, Schlekeway, Schrempp, and Solberg and Senators Ahlers, Dempster, Hanson (Gary), Heidepriem, and Nesselhuf

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2009 State A Boys' Track Champions, the Dell Rapids Quarriers, for their outstanding athletic performance in Spearfish and Rapid City at the 2009 State A Boys' Track Meet.

WHEREAS, the student athletes of the Dell Rapids Quarriers Boys' Track Team, including Kevin Berg, Tate Bunkers, Chris Curry, Zach Gunn, Taylor Huska, Ben Mitchell, Kyle Tibke, Travis Delker, Matt Dunbar, Josh Fiedler, Evan Leebans, Landon Lueders, Jordon Munk, Connor O'Hara, Thomas Gereats, and Greg Schwebach, have shown exemplary patience, dedication, and tenacity in their pursuit of a state track championship; and

WHEREAS, the Dell Rapids Quarriers Boys' Track Team coaches, Doug Fiedler, Jim Schroeder, Steve Clark, Steve Hegge, and Steve Hansen, helped facilitate and cultivate the physical, mental, and emotional growth and development for their student athletes; and

WHEREAS, the Dell Rapids Quarriers Boys' Track Team scored ninety-one points, which easily outdistanced the competition by thirty-five points and transcended numerous school records, including the 110 meter high hurdles, 300 meter low hurdles, 200 meter dash, 400 meter dash, and triple jump; and

WHEREAS, the Dell Rapids Quarriers boys 4 X 200 meter relay, consisting of Matt Dunbar, Chris Curry, Taylor Huska, and Kyle Tibke, finished in a blazing time of 1:29:8 and established a new state record, and the 4 X 400 meter relay established a new school record; and

WHEREAS, all members of the Dell Rapids Quarriers Boys' Track Team, including the student athletes, coaches, parents, and fans, have volunteered their time and unique talents for the betterment of the Dell Rapids Quarriers Boys' Track Team and enrichment of the community of Dell Rapids:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Dell Rapid Quarriers Boys' Track Team be commended and honored for its patience, dedication, and tenacity, and, most of all, for its championship performance at the 2009 State A Boys' Track Meet.

HC 1019 Introduced by: Representatives Olson (Betty), Brunner, Cronin, Kirkeby, Sorenson, Turbiville, and Verchio and Senators Maher, Bartling, Bradford, Hanson (Gary), Heidepriem, Howie, Peterson, and Rhoden

A LEGISLATIVE COMMEMORATION, Honoring Joey Painter of Harding County High School for her outstanding achievements as a three-event state rodeo champion and her third-time recognition with an all-around cowgirl title.

WHEREAS, Joey Painter has served as a four time member of the South Dakota Rodeo Team competing in the National High School Finals Rodeo in Farmington, New Mexico. Joey Painter will participate in goat tying, barrel racing, and girls cutting; and

WHEREAS, Joey Painter is the youngest of three children of Joe and Cindy Painter, and she brings a very successful rodeo pedigree to the arena; and

WHEREAS, Joey Painter will be joined on the South Dakota National Rodeo Team by four Harding County teammates, including Kaycee Nelson (breakaway roping), Sam Olson (boys cutting), Tate Bregle (bareback), and Katie Doll (girls cutting):

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Joey Painter is to be congratulated along with the rest of the South Dakota National Rodeo Team for its outstanding achievements. The Legislature extends best wishes to the team for continued success in the National High School Finals Rodeo competition.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 5:43 p.m. the House adjourned.

Karen Gerdes, Chief Clerk