JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION




NINETEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 9, 2011

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

    The prayer was offered by the Chaplain, Father Brian Fawcett, followed by the Pledge of Allegiance led by House pages Kortney Brunner and Dana Dedeck.

    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 eighteenth 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,
Val Rausch, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1196 and 1203 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1211 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1233 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1234 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1130 and returns the same with the recommendation that said bill be amended as follows:

1130oa

    On page 2, line 4, of the printed bill, after "citizen" insert "and has not reached the age of twenty-two".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1111 and 1253 which were tabled.



Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1125, 1126, and 1165 and HJR 1003 which were deferred to the 41st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1256 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1056 and returns the same with the recommendation that said bill be amended as follows:

1056sa

    On page 1, line 12, of the printed bill, delete "twenty-sixth" and insert "twenty-eighth".

    On page 1, line 12, delete "second" and insert "first".

    On page 2, line 9, delete "twenty-sixth" and insert "twenty-eighth".

    On page 2, line 9, delete "second" and insert "first".

    On page 2, line 12, delete "twenty-sixth" and insert "twenty-eighth".

    On page 2, line 12, delete "second" and insert "first".

    On page 2, line 15, delete "twenty-sixth" and insert "twenty-eighth".

    On page 2, line 16, delete "second" and insert "first".

    On page 2, line 21, delete "twenty-sixth" and insert "twenty-eighth".

    On page 2, line 21, delete "second" and insert "first".

    On page 3, line 4, delete "twenty-third" and insert "twenty-eighth".

    On page 3, line 4, delete "second" and insert "first".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1172 and returns the same with the recommendation that said bill be referred to the Committee on Health and Human Services.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1223 and 1224 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1026, 1027, and 1060 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 51, 52, 65, 68, 80, 95, 101, 113, and 119 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    Yesterday, Rep. Hunt announced his intention to reconsider the vote by which HB 1061 lost.

    Rep. Hunt moved that the House do now reconsider the vote by which HB 1061 lost.

    The question being on Rep. Hunt's motion to reconsider the vote by which HB 1061 lost.

    And the roll being called:

    Yeas 66, Nays 3, Excused 1, Absent 0


    Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Feickert; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Blake; Fargen; Gibson

    Excused:
Elliott

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1061 was up for reconsideration and final passage.

    HB 1061: FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of registered midwives.

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

    The question being "Shall HB 1061 pass as amended?"

    And the roll being called:

    Yeas 37, Nays 32, Excused 1, Absent 0

    Yeas:
Bolin; Brunner; Dennert; Feickert; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hubbel; Hunt; Iron Cloud III; Jensen; Killer; Kopp; Liss; Magstadt; Miller; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Steele; Street; Stricherz; Tornow; Tulson; Van Gerpen; Venner; Verchio; Wink

    Nays:
Abdallah; Blake; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dryden; Fargen; Gibson; Hawley; Hickey; Hoffman; Hunhoff (Bernie); Jones; Juhnke; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Moser; Perry; Romkema; Solum; Turbiville; Vanneman; White; Wick; Willadsen; Wismer; Speaker Rausch

    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.



    HCR 1005 Introduced by: Representative Rausch and Senators Rave and Peters

        A CONCURRENT RESOLUTION, Expressing support for raising public awareness of the disease of lupus.

    WHEREAS, Systemic Lupus Erythematosus, commonly known as lupus, is an acute, chronic, complex, and often life-threatening autoimmune disease; and

    WHEREAS, lupus can affect virtually every organ system in the body, including the skin, lungs, heart, kidneys, and brain. The disease can cause seizures, strokes, heart attacks, miscarriages, and organ failure; and

    WHEREAS, the Lupus Foundation of America estimates that more than 1.5 million Americans live with some form of lupus, including nearly four thousand people in South Dakota; and

    WHEREAS, while lupus strikes mostly women of childbearing age, no one is safe from the disease. Women of color develop lupus at a rate of two to three times the rate of Caucasians - a disparity that remains unexplained; and

    WHEREAS, lupus can be particularly difficult to diagnose because its symptoms are similar to those of many other illnesses and major gaps exist in understanding the causes and consequences of lupus; and

    WHEREAS, more than half of all people with lupus take four or more years and visit three or more doctors before obtaining a correct diagnosis; and

    WHEREAS, early diagnosis and proper treatments are critical to the improvement of the quality of life and survival rate of those living with lupus; and

    WHEREAS, lupus impacts more than just the life of the patient; it affects their family, friends, coworkers, employers, and the community; and

    WHEREAS, increased public awareness, education, and research are key to winning the battle against lupus:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-sixth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly urges all citizens of South Dakota to educate themselves on the symptoms and impact of lupus and join with lupus advocacy groups such as the Lupus Foundation of American in supporting programs of research, education, and community service.

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


    Rep. Lust moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 10th, the 20th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on HB 1146 as found on page 310 of the House Journal; also

    Health and Human Services on HB 1185 as found on pages 310 and 311 of the House Journal; also

    Taxation on HB 1147 as found on page 312 of the House Journal; also

    Taxation on SB 39 as found on page 312 of the House Journal; also

    Agriculture and Natural Resources on HB 1129 as found on page 313 of the House Journal; also

    Agriculture and Natural Resources on HB 1163 as found on page 313 of the House Journal; also

    Transportation on HB 1215 as found on pages 314 to 317 of the House Journal; also

    Transportation on HB 1216 as found on page 318 of the House Journal; also

    Transportation on HB 1221 as found on page 318 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a previous appropriation for renovation of the nursing care building on the South Dakota Veterans' Home campus and to declare an emergency.

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


    SB 52: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Military and Veterans Affairs to provide for the design, construction, and equipping of the veterans home near Hot Springs and to declare an emergency.

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

    SB 65: FOR AN ACT ENTITLED, An Act to allow nonpublic schools accredited by certain accrediting agencies other than the Department of Education to become members of the South Dakota High School Activities Association.

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

    SB 68: FOR AN ACT ENTITLED, An Act to authorize investment of certain public funds in bonds issued by political subdivisions or bonding authorities of the state.

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

    SB 80: FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions for recovery of damages for personal injury or death to municipal officers, employees, and volunteers.

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

    SB 95: FOR AN ACT ENTITLED, An Act to provide for the printing of voting rights notices.

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

    SB 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to public records.

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

    SB 113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice requirements for changes in zoning requested by landowners.

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


    SB 119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to sureties for water user district treasurers.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1074: FOR AN ACT ENTITLED, An Act to revise the allowable time periods for use of nonresident small game hunting licenses.

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

1074ta

    Rep. Juhnke moved that HB 1074 be amended as follows:

    On page 2, line 3, of the printed bill, after "days." Insert "However, the fee for a license issued for five two-day periods may, at the discretion of the Game, Fish and Parks Commission, be higher than the fee for a license issued for two five-day periods.".

    Which motion prevailed.

    The question being "Shall HB 1074 pass as amended?"

    And the roll being called:

    Yeas 28, Nays 41, Excused 1, Absent 0

    Yeas:
Bolin; Brunner; Conzet; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kopp; Munsterman; Nelson (Stace); Olson (Betty); Romkema; Russell; Schaefer; Steele; Tornow; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wink

    Nays:
Abdallah; Blake; Boomgarden; Carson; Cronin; Deelstra; Dennert; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Jones; Kirkeby; Kirschman; Kloucek; Liss; Lucas; Lust; Magstadt; Miller; Moser; Novstrup (David); Perry; Rozum; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Venner; Wick; Willadsen; Wismer; Speaker Rausch

    Excused:
Elliott


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

    HB 1153: FOR AN ACT ENTITLED, An Act to prohibit the Board of Education from adopting certain standards for the subject of history.

    Was read the second time.

    The question being "Shall HB 1153 pass as amended?"

    And the roll being called:

    Yeas 43, Nays 26, Excused 1, Absent 0

    Yeas:
Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Rozum; Russell; Schaefer; Sly; Steele; Stricherz; Tornow; Tulson; Van Gerpen; Vanneman; Venner; Verchio; Wick; Wink; Speaker Rausch

    Nays:
Abdallah; Blake; Boomgarden; Dennert; Dryden; Fargen; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Lucas; Perry; Romkema; Schrempp; Sigdestad; Solum; Street; Turbiville; White; Willadsen; 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.

    HB 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship program.

    Was read the second time.

    Rep. Perry moved that HB 1175 be deferred to Monday, February 14th, the 21st legislative day.

    Which motion prevailed.


    HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the filing of campaign finance disclosure statements.

    Was read the second time.

    The question being "Shall HB 1094 pass as amended?"

    And the roll being called:

    Yeas 64, Nays 5, Excused 1, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Miller; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Brunner; Greenfield; Liss; Moser; Rozum

    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.

    HB 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain seasonal employees and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1148 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 1, Excused 2, Absent 0


    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Kirschman

    Excused:
Elliott; Munsterman

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

    HB 1173: FOR AN ACT ENTITLED, An Act to require the person in charge of local elections to notify the secretary of state when the dates of elections have been set.

    Was read the second time.

    The question being "Shall HB 1173 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Excused:
Abdallah; Elliott; Hansen (Jon); Munsterman

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


    HB 1207: FOR AN ACT ENTITLED, An Act to allow the consignment or auction of certain out-of-state vehicles and motorcycles.

    Was read the second time.

    The question being "Shall HB 1207 pass as amended?"

    And the roll being called:

    Yeas 64, Nays 3, Excused 3, Absent 0

    Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Hunt; Juhnke; Magstadt

    Excused:
Abdallah; Elliott; Munsterman

    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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 9: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding eligibility requirements for the state risk pool.

    Was read the second time.

    The question being "Shall SB 9 pass?"

    And the roll being called:

    Yeas 60, Nays 7, Excused 3, Absent 0


    Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Feickert; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Blake; Fargen; Gibson; Iron Cloud III; Kloucek; Schrempp; Sigdestad

    Excused:
Abdallah; Elliott; Munsterman

    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.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1206 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill be amended as follows:

1087ra

    On page 1, line 14, of the printed bill, after ";" insert "and".

    On page 2, line 1, after ";" insert "and".

    On page 2, line 3, after ";" insert "and".

    And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1144 and returns the same with the recommendation that said bill be amended as follows:

1144ja

    On page 3, after line 16 of the printed bill, insert:

"    Section 11. For any lien acquired pursuant to this Act, the amount of the lien may not exceed the amount the health care provider is entitled to pursuant to any contract the health care provider may have with an insurance carrier. The limitations in subdivision 58-17C-14(2) apply to the amount of the lien.".


    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1145 and returns the same with the recommendation that said bill be amended as follows:

1145ra

    On page 1 of the printed bill, delete lines 11 and 12.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1171 and returns the same with the recommendation that said bill be amended as follows:

1171ra

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

    "    Section 1. That § 22-16-34 be amended to read as follows:

    22-16-34. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.


    Section 2. That § 22-16-35 be amended to read as follows:

    22-16-35. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, or the unborn child of any such enumerated person, if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished. "


1171rta

    On page 1, line 1, of the printed bill, delete everything after "to" and insert "expand the definition of justifiable homicide to provide for the protection of certain unborn children.".

    On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill be amended as follows:

1184ja

    On page 1, line 8, of the printed bill, after "." insert "The provisions of this Act do not apply to any workers' compensation recovery.".

1184rta

    On page 1, line 2, of the printed bill, delete "insurer" and insert "insured".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1183 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Roger W. Hunt, Chair


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1011, 1025, and 1028 were delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 9, 2011.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1026, 1027, and 1060 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1026: FOR AN ACT ENTITLED, An Act to repeal fleet licensing procedures for certain vehicles.

    HB 1027: FOR AN ACT ENTITLED, An Act to revise the definition of a trailer for the purpose of titling a restored or rebuilt trailer.

    HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how motor vehicle license fees are distributed in the unorganized territories of a county.

    SB 14: FOR AN ACT ENTITLED, An Act to require the mandatory reporting of abuse or neglect of elderly or disabled adults.

    SB 16: FOR AN ACT ENTITLED, An Act to authorize licensure of persons graduating from social work programs that are in candidacy status.

    SB 50: FOR AN ACT ENTITLED, An Act to revise certain certification levels of emergency medical technicians.

    And signed the same in the presence of the House.


COMMEMORATIONS

    HC 1009 Introduced by: Representatives Vanneman, Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Sutton, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle

        A LEGISLATIVE COMMEMORATION, Honoring 2011 Miss Rodeo America, McKenzie Haley.

    WHEREAS, McKenzie Haley has shown unshakable determination and dedication in her eleven-plus year pursuit of excellence in all areas of competitive rodeo pageantry and many various endeavors in her young and decorated life; and

    WHEREAS, in 2004 McKenzie received the distinguished Junior Miss Rodeo South Dakota title, then earned the title of South Dakota High School Rodeo Queen in 2005-2006, then went on to serve as 2010 Miss Rodeo South Dakota, and most recently clinched Miss Rodeo America 2011; and

    WHEREAS, McKenzie took first place honors in the categories of personality, speech, appearance, photogenic, and second place honors in scrapbook at the Miss Rodeo America 2011 pageant; and

    WHEREAS, it has been twenty-five years since Miss Rodeo South Dakota has been named Miss Rodeo America, and rodeo is now recognized as the official state sport; and

    WHEREAS, McKenzie continues to expand her horizons through study at Black Hills State University where she is currently pursuing a degree in elementary education and plans to receive a master's degree in school psychology and help improve the quality of education for children in need:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that McKenzie Haley be recognized and congratulated on her many achievements in rodeo and most notably her success in attaining her goal as 2011 Miss Rodeo America.

    Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:34 p.m. the House adjourned.

Karen Gerdes, Chief Clerk