House of Representatives Journal 2/14/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 14, 2011

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

The prayer was offered by the Chaplain, Father Kevin Doyle, followed by the Pledge of Allegiance led by House pages Michael Stier and Courtney Storm.

Roll Call: All members present except Reps. Elliott and Venner 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 twentieth 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.

HONORED GUESTS

Rep. David Novstrup introduced Don Meyer, formerly of Northern State University, Aberdeen, South Dakota, the NCAA men's basketball coach with the most career wins.

COMMUNICATIONS AND PETITIONS

February 11, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 10, 2011, I approved House Bills 1011, 1025, 1028, and 1043, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1053 and 1169 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1201 and returns the same with the recommendation that said bill be amended as follows:

1201tb

On page 1, line 12, of the printed bill, delete "and with the Board of Water and Natural Resources".

On page 2, delete lines 2 to 24, inclusive.

On page 3, delete lines 1 to 22, inclusive.

1201ttb

On page 1, line 1, of the printed bill, delete everything after "for" and insert "water development districts.".

On page 1, delete line 2.

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 HB 1117, 1160, and 1197 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1208 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1083 and returns the same with the recommendation that said bill be amended as follows:

1083ca

On page 2 of the printed bill, delete lines 6 to 11, inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill be amended as follows:

1228ca

On page 1, line 8, of the printed bill, delete "one hundred" and insert "one hundred five".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1235 and returns the same with the recommendation that said bill be amended as follows:

1235ca

On page 1, line 8, of the printed bill, delete "that increase" and insert "including consideration of autonomy at the institutional and state system levels".

On page 1, line 9, delete "autonomy at the institutional level".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 27 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 SB 21, 47, and 49 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 Commerce and Energy respectfully reports that it has had under consideration HB 1033, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1033oa

On page 2, line 19, of the printed bill, delete everything after "Responsibilities" and insert "and duties;".

On page 2, delete line 23.

On page 2, line 24, delete "(8)" and insert "(7)".

On page 3, delete line 2.

On page 3, line 3, delete "(10)" and insert "(8)".

On page 3, line 4, delete "(11)" and insert "(9)".

On page 3, line 5, delete "(12)" and insert "(10)".

On page 3, line 6, delete "(13)" and insert "(11)".

On page 3, line 6, after ";" insert "and".

On page 3, delete line 7.

On page 3, line 8, delete "(15)" and insert "(12)".

And that as so amended said bill do pass.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1110 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 1149 and returns the same with the recommendation that said bill be amended as follows:

1149fa

On page 2, after line 7 of the printed bill, insert:

" Section 2. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding the five day requirement provided in § 23-7-7.1, if the background investigation under § 23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of § 23-7-7.1.".

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 1248 and returns the same with the recommendation that said bill be amended as follows:

1248fa

On page 1, after line 5 of the printed bill insert:

" Section 2. This Act is effective on June 29, 2011.".

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 1116 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1198 and 1204 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1155 and returns the same with the recommendation that said bill be amended as follows:

1155ja

On page 29 of the printed bill, after line 14, insert:

" Section 42. That § 10-40A-11 be amended to read as follows:

10-40A-11. A will or, trust, or other instrument of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the unified credit, estate tax exemption, applicable exemption amount, applicable credit amount, applicable exclusion amount, generation-skipping transfer tax exemption, GST exemption, marital deduction, maximum marital deduction, unlimited marital deduction, inclusion ratio, applicable fraction, or any section of the Internal Revenue Code relating to the federal estate tax or generation-skipping transfer tax, or that measures a share of an estate or trust based on the amount that can pass free of federal estate taxes or the amount that can pass free of federal generation-skipping

transfer taxes, or that is otherwise based on a similar provision of federal estate tax or generation-skipping transfer tax law, shall be deemed to refer to the federal estate tax and generation-skipping transfer tax laws as they applied with respect to estates of decedents dying ~~on December 31, 2009~~ in 2010 regardless of whether the decedent's personal representative or other fiduciary elects not to have the estate tax apply with respect to the estate. This provision does not apply with respect to a will or, trust, or other instrument ~~that is executed or amended after December 31, 2009, or~~ that manifests an intent that a contrary rule applies if the decedent dies on a date on which there is no then-applicable federal estate or generation-skipping transfer tax. If the federal estate or generation-skipping transfer tax becomes effective before that date, the reference to January 1, 2011, in this section refers instead to the first date on which such tax becomes legally effective.

Section 43. That chapter 10-40A be amended by adding thereto a NEW SECTION to read as follows:

The personal representative, trustee, other fiduciary, or any affected beneficiary under the will, trust, or other instrument may bring a proceeding to determine whether the decedent intended that the will, trust, or other instrument be construed in a manner other than as provided in § 10-40A-11. Any proceeding pursuant to § 10-40A-11 and sections 43 and 44 of this Act shall be commenced prior to January 1, 2012. In such a proceeding, the court may consider extrinsic evidence that contradicts the plain meaning of the will, trust, or other instrument. The court has the power to modify a provision of a will, trust, or other instrument that refers to the federal estate tax or generation skipping transfer tax laws as described in § 10-40A-11 to conform the terms to the decedent's intention or achieve the decedent's tax objectives in a manner that is not contrary to the decedent's probable intention. The court may provide that its decision, including any decision to modify a provision of a will, trust, or other instrument shall be effective as of the date of the decedent's death. Any person who commences a proceeding pursuant to § 10-40A-11 and section 43 and 44 of this Act has the burden of proof, by clear and convincing evidence, and persuasion in establishing the decedent's intention that the will, trust, or other instrument be construed in a manner other than as provided in § 10-40A-11.

Section 44. That chapter 10-40A be amended by adding thereto a NEW SECTION to read as follows:

For purposes of § 10-40A-11, any interested person may enter into a binding agreement to determine whether the decedent intended that the will, trust, or other instrument shall be construed in a manner other than as provided in § 10-40A-11, and to conform the terms of the will, trust, or other instrument to the decedent's intention without court approval as provided in section 43 of this Act. Any interested person may petition the court to approve the agreement or to determine whether all interested persons are parties to the agreement, either in person or by adequate representation where permitted by law, and whether the agreement contains terms the court could have properly approved. In the case of a trust, the agreement may be by nonjudicial settlement agreement. For the purposes of this section, an interested person means any person whose consent is required in order to achieve a binding settlement were the settlement to be approved by the court.

Section 45. That § 10-40A-13 be amended to read as follows:

10-40A-13. The provisions of §§ 10-40A-11 and 10-40A-12 and sections 43 and 44 of this Act apply to decedents dying after December 31, 2009, and before January 1, 2011. ".

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 1217 and returns the same with the recommendation that said bill be amended as follows:

1217ra

On page 3, line 4, of the printed bill, after "physician" insert "physically and".

On page 3, line 12, after "mother" insert "unless the pregnant mother is in the physical presence of the physician 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 1218 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger W. Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 59, 71, 99, and 121 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Willadsen moved that the House do concur in Senate amendments to HB 1029.

The question being on Rep. Willadsen's motion that the House do concur in Senate amendments to HB 1029.

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; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Russell

Excused:
Elliott; Venner

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.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Lust moved that the report of the Standing Committee on

Transportation on HB 1192 as found on pages 353 to 355 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions clarifying that counties are not responsible for constructing, repairing, and maintaining roads contained in improvement districts.

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

SB 71: FOR AN ACT ENTITLED, An Act to prohibit the use of certain handheld electronic wireless devices for electronic messaging while driving.

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

SB 99: FOR AN ACT ENTITLED, An Act to revise the provisions that determine the amount of the motor vehicle registration fees that shall be applied based on the age of the vehicles.

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

SB 121: FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail license for certain malt beverage and wine dealers.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 5: FOR AN ACT ENTITLED, An Act to revise the maximum distance from a bridge for posting maximum vehicle weight warning signage.

Was read the second time.

The question being "Shall SB 5 pass?"

And the roll being called:

Yeas 68, Nays 0, 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; 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; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Venner

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Gosch moved that HB 1184 be placed to precede HB 1175 on today's calendar.

Which motion prevailed.

Rep. White moved that HB 1203 be placed to follow HB 1249 on today's calendar.

Which motion prevailed.

HB 1184: FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers unless and until the insured is fully compensated.

Was read the second time.

1184jc

Rep. Gosch moved that HB 1184 be amended as follows:

On page 1, line 9, of the House Judiciary Committee engrossed bill, delete "recovery" and insert "insurer".

Which motion prevailed.

1184jb

Rep. Stace Nelson moved that HB 1184 be further amended as follows:

On page 1, line 8, of the House Judiciary Committee engrossed bill, after "." insert "No attorney is entitled to participate in any recovery from any tortfeasor on account of bodily injury or death or damage to property unless and until the attorney's client has first been fully compensated as provided in § 21-3-1.".

The Speaker, being in doubt of the voice vote, called for a division of the House.

The Speaker declared Rep. Nelson's motion lost.

The question being "Shall HB 1184 pass as amended?"

And the roll being called:

Yeas 40, Nays 26, Excused 4, Absent 0

Yeas:
Abdallah; Blake; Brunner; Conzet; Cronin; Deelstra; Dennert; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Moser; Munsterman; Novstrup (David); Schrempp; Sigdestad; Sly; Steele; Turbiville; Van Gerpen; Wick; Wink; Wismer; Speaker Rausch

Nays:
Bolin; Boomgarden; Carson; Dryden; Greenfield; Hawley; Hickey; Hubbel; Juhnke; Liss; Magstadt; Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Solum; Street; Stricherz; Tornow; Tulson; Vanneman; Verchio; White; Willadsen

Excused:
Elliott; Miller; Nelson (Stace); Venner

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.

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

1175ce

Rep. Perry moved that HB 1175 be amended as follows:

On page 2, line 7, of the House Education Committee engrossed bill, after "graduating;" insert "and".

On page 2, delete lines 8 and 9.

On page 2, line 10, delete "(5)" and insert "(4)".

On page 2, delete lines 18 to 22, inclusive, and insert:

" The amount of the scholarship award is equal to seventy-five percent of the statewide average percentage of the current fiscal year's per student allocation as defined in subdivision 13-13-10.1(4) that is paid by the state. One half of the award shall be paid to an approved institution on behalf of any eligible student there enrolled at the beginning of the fall semester,

and the other half shall be paid in the same manner at the beginning of the spring semester. A student must be enrolled full-time during the spring semester in order to receive the second installment.".

On page 2, delete lines 23 and 24, and insert:

" Section 4. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

Any eligible student seeking to obtain a jump start scholarship shall, by September first of the year following the student's eleventh grade year, apply for admission to an approved postsecondary education institution. The institution shall determine the student's initial eligibility, and once the student is admitted into the jump start scholarship program, the executive director of the Board of Regents shall make scholarship payments to the institution on behalf of the student. The approved institutions shall submit to the Board of Regents the names of all eligible students by October first for the first semester and by February twenty-fifth for the second semester, and once the eligibility of each student is verified, the executive director of the Board of Regents shall distribute the funds necessary to award the scholarship to each eligible student to the approved institutions for the first semester on October fifteenth or the first working day thereafter, and for the second semester on March fifteenth or the first working day thereafter.

Section 5. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:

The secretary of the Department of Education shall transfer to the executive director of the Board of Regents, on a noncash basis, from funds appropriated for state aid to general education pursuant to chapter 13-13, the amount of money necessary to award the jump start scholarships to all students admitted into the scholarship program for that fiscal year. One-half of the necessary amount shall be transferred by October fifteenth for distribution for the first semester, and one-half of the necessary amount shall be transferred by March fifteenth for distribution for the second semester. Upon receipt, the executive director of the Board of Regents shall distribute the funds pursuant to section 4 of this Act.

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

The secretary of the Department of Education shall transfer on a noncash basis to the executive director of the Board of Regents the amount of foundation program funds necessary to award jump start scholarships pursuant to this Act to all students admitted into the scholarship program for that fiscal year. One-half of the necessary amount shall be transferred by October fifteenth for distribution for the first semester, and one-half of the necessary amount shall be transferred by March fifteenth for distribution for the second semester.

Section 7. That § 13-13-73 be amended to read as follows:

13-13-73. The secretary of the Department of Education shall compute state aid to education for each school district under the foundation program according to the following calculations:

(1) Determine each school district's fall enrollment;

(2) To arrive at the local need per district:

(a) Multiply the per student allocation by the fall enrollment;

(b) Multiply the small school adjustment, if applicable, by the fall enrollment; and

(3) State aid is (a) local need minus local effort, or (b) zero if the calculation in (a) is a negative number;

(4) If the state aid appropriation for the general support of education is in excess of the entitlement provided for in this section and the entitlement provided for in section 6 of this Act, the excess shall be used to fund any shortfall of the appropriation as provided for in § 13-37-36.3. The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the general aid formula in the current year. If a shortfall in the state aid appropriation for general education exists that cannot be covered by § 13-37-45, the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall. ".

Delete pages 3 and 4, inclusive.

Which motion prevailed.

The question being "Shall HB 1175 pass as amended?"

And the roll being called:

Yeas 40, Nays 28, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Conzet; Deelstra; Dennert; Dryden; Fargen; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirschman; Liss; Lucas; Miller; Munsterman; Novstrup (David); Perry; Rozum; Sigdestad; Sly; Street; Stricherz; Tulson; Turbiville; Van Gerpen; White; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Blake; Carson; Cronin; Feickert; Feinstein; Gibson; Hoffman; Hubbel; Hunhoff (Bernie); Juhnke; Kirkeby; Kloucek; Kopp; Lust; Magstadt; Moser; Nelson (Stace); Olson (Betty); Romkema; Russell; Schaefer; Schrempp; Solum; Steele; Tornow; Vanneman; Verchio; Wink

Excused:
Elliott; Venner

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 1146: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts for chiropractic services.

Was read the second time.

The question being "Shall HB 1146 pass as amended?"

And the roll being called:

Yeas 52, Nays 16, Excused 2, Absent 0

Yeas:
Bolin; Brunner; Carson; Conzet; Cronin; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick; Wink

Nays:
Abdallah; Blake; Boomgarden; Deelstra; Greenfield; Hansen (Jon); Hawley; Juhnke; Liss; Nelson (Stace); Russell; Street; Tornow; Willadsen; Wismer; Speaker Rausch

Excused:
Elliott; Venner

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 1185: FOR AN ACT ENTITLED, An Act to regulate persons offering speech-language pathology to the public.

Was read the second time.

1185jc

Rep. Romkema moved that HB 1185 be amended as follows:

On page 4, line 10, of the House Health and Human Services Committee engrossed bill, after "may" insert "obtain a license and".

On page 4, line 11, delete "without a license".

On page 4, line 13, delete everything after "2020" insert ".".

On page 4, delete line 14.

On page 12, line 2, delete "thirty" and insert "twenty".

On page 12, line 2, delete "three" and insert "two".

On page 12, line 3, delete "three-year" and insert "two-year".

On page 15, line 3, after "may" insert "obtain a license and".

On page 15, line 4, delete "without a license".

On page 15, line 6, delete everything after "2020" and insert ".".

On page 15, delete line 7.

Which motion prevailed.

The question being "Shall HB 1185 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; Kirschman; Kloucek; Kopp; 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; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Liss

Excused:
Elliott; Venner

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 1147: FOR AN ACT ENTITLED, An Act to revise the taxation of rural electric companies with respect to receipts collected for compliance with certain environmental laws.

Was read the second time.

The question being "Shall HB 1147 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, 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); Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; 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; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hunt; Lust

Excused:
Elliott; Venner

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 1129: FOR AN ACT ENTITLED, An Act to define a loaded firearm.

Was read the second time.

Rep. Conzet moved that HB 1129 be laid on the table.

The question being on Rep. Conzet's motion that HB 1129 be laid on the table.

And the roll being called:

Yeas 53, Nays 13, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Brunner; Greenfield; Hoffman; Hubbel; Hunt; Jensen; Kloucek; Liss; Nelson (Stace); Olson (Betty); Russell; Turbiville; Verchio

Excused:
Abdallah; Elliott; Juhnke; Venner

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1129 was tabled.

HB 1163: FOR AN ACT ENTITLED, An Act to allow certain disabled veterans to obtain a disabled hunter permit.

Was read the second time.

1163tb

Rep. Verchio moved that HB 1163 be amended as follows:

On page 1, line 8, of the House Agriculture and Natural Resources Committee engrossed bill, after "a" insert "physical mobility".

Which motion lost.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1163 pass as amended?"

And the roll being called:

Yeas 27, Nays 40, Excused 3, Absent 0

Yeas:
Blake; Cronin; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirkeby; Kloucek; Kopp; Liss; Lust; Miller; Moser; Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Tulson; Van Gerpen; Wink

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gosch; Hawley; Hunt; Jones; Juhnke; Kirschman; Lucas; Magstadt; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Turbiville; Vanneman; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Elliott; Gibson; Venner

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

HB 1215: FOR AN ACT ENTITLED, An Act to repeal certain refund provisions of the motor fuel tax for certain nonhighway agricultural use of motor fuels and to provide for the distribution of such motor fuel tax.

Was read the second time.

1215ta

Rep. Wink moved that HB 1215 be amended as follows:

On page 2, line 15, of the House Transportation Committee engrossed bill, delete everything after "(3)" .

On page 2, delete lines 16 and 17.

On page 2, line 18, delete "(4)".

On page 3, line 3, delete "~~(4)~~(5)" and insert "(4)".

On page 3, line 9, delete "~~(5)~~(6)" and insert "(5)".

On page 3, line 13, delete "~~(6)~~(7)" and insert "(6)".

On page 3, line 15, delete "(8)" and insert "(7)".

On page 3, line 17, delete "(9)" and insert "(8)".

Rep. Carson requested that Joint Rule 5-17 be invoked on HB 1215.

Which request was supported and HB 1215 with Rep. Wink's pending motion to amend was deferred until Wednesday, February 16^th, the 23^rd legislative day.

HB 1216: FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on the use of ethanol blender pumps by retailers.

Was read the second time.

The question being "Shall HB 1216 pass as amended?"

And the roll being called:

Yeas 40, Nays 27, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Fargen; Feickert; Feinstein; Gibson; Gosch; Hansen (Jon); Hawley; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Moser; Munsterman; Novstrup (David); Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Tulson; Turbiville; Van Gerpen; Vanneman; Wick; Wismer

Nays:
Boomgarden; Carson; Dryden; Greenfield; Haggar; Hickey; Hoffman; Hubbel; Jensen; Jones; Juhnke; Kopp; Liss; Magstadt; Miller; Nelson (Stace); Perry; Romkema; Rozum; Russell; Stricherz; Tornow; Verchio; White; Willadsen; Wink; Speaker Rausch

Excused:
Elliott; Olson (Betty); Venner

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 Gosch now presiding.

HB 1221: FOR AN ACT ENTITLED, An Act to establish a task force on teen driving safety.

Was read the second time.

The question being "Shall HB 1221 pass as amended?"

And the roll being called:

Yeas 44, Nays 24, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Carson; Conzet; Deelstra; Dennert; Dryden; Fargen; Feinstein; Gibson; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sly; Solum; Street; Stricherz; Turbiville; Van Gerpen; White; Wick; Willadsen; Wink

Nays:
Boomgarden; Brunner; Cronin; Feickert; Gosch; Greenfield; Jensen; Juhnke; Kloucek; Lust; Magstadt; Miller; Nelson (Stace); Olson (Betty); Russell; Schrempp; Sigdestad; Steele; Tornow; Tulson; Vanneman; Verchio; Wismer; Speaker Rausch

Excused:
Elliott; Venner

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 1196: FOR AN ACT ENTITLED, An Act to provide for the establishment of veterans resource centers at certain state colleges and universities.

Was read the second time.

The question being "Shall HB 1196 pass?"

And the roll being called:

Yeas 36, Nays 32, Excused 2, Absent 0

Yeas:
Blake; Deelstra; Dennert; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Olson (Betty); Schaefer; Schrempp; Sigdestad; Steele; Street; Stricherz; Tulson; Van Gerpen; Wismer

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hunt; Jensen; Juhnke; Lust; Novstrup (David); Perry; Romkema; Rozum; Russell; Sly; Solum; Tornow; Turbiville; Vanneman; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Elliott; Venner

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 Rausch now presiding.

HB 1233: FOR AN ACT ENTITLED, An Act to limit liability from damages caused by certain aviation products.

Was read the second time.

The question being "Shall HB 1233 pass?"

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; Kirschman; Kloucek; Kopp; Liss; 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; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Lucas

Excused:
Elliott; Venner

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

Rep. Lust moved that the balance of the calendar including HB 1256, 1206, 1130, 1056, 1087, 1144, 1145, 1171, 1047, 1245, 1246, 1247, 1249, and 1203 and SB 39 and 4 be deferred to Tuesday, February 15^th, the 22^nd legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1026, 1027, and 1060 were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 14, 2011.

Respectfully submitted,
Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1012 Introduced by: Representatives Kloucek, Brunner, Carson, Conzet, Cronin, Fargen, Hawley, Hickey, Hoffman, Hunhoff (Bernie), Iron Cloud III, Jones, Killer, Kirkeby, Kirschman, Kopp, Lucas, Lust, Moser, Munsterman, Olson (Betty), Rozum, Russell, Schaefer, Sly, Stricherz, Turbiville, Vanneman, and Wink and Senators Putnam, Begalka, Bradford, Brown, Buhl, Frerichs, Garnos, Gray, Hundstad, Hunhoff (Jean), Maher, Nygaard, Olson (Russell), and Sutton

A LEGISLATIVE COMMEMORATION, Commending and honoring the forty-fifth anniversary of the Scottie Stampede Rodeo Days event and the Scotland Rodeo Club.

WHEREAS, the annual Scottie Stampede Rodeo Days features women's events including barrel racing, goat tying, and breakaway roping; men's events including bull riding, bareback bronc riding, saddle bronc riding, calf roping, and team roping; and other events including senior men's breakaway roping, mixed team penning, and the kids' candy scramble, as well as a Rodeo Days Parade organized by the Scotland Chamber of Commerce and a street dance sponsored by the Scotland Fire Department; and

WHEREAS, Herb Raker, Ed Kostlan, Don, Steve, and Laddie Schneider, Carl Muhmel, Carl Furney, Don Smith, Harry Nelson, and Bud Behl were the founding members of the Veterans of Foreign Wars Scotland Rodeo Club in 1946; and

WHEREAS, on July 4, 1955, Scotland had its first Professional Rodeo Cowboys Association approved rodeo, which was produced by Bob Barnes in partnership with the Scotland Veterans of Foreign Wars; and

WHEREAS, in 1956, the Scotland VFW had its first South Dakota Rodeo Association sanctioned rodeo. Another rodeo was held in 1960, with stock furnished by Erv Korkow; and

WHEREAS, Howard Gunn, Bill Rokusek, Bunt Barrett, Don Gunn, Joe Keilbach, Jim Barrett, Maynard Suess, Charlie Deutscher, and Eldon Schelske were the original members of the newly-formed Scotland Rodeo Club; and

WHEREAS, the Scotland Rodeo Club held its first rodeo in 1966. The Scotland Rodeo Club joined the South Dakota Rodeo Association in 1989 and continues to hold South Dakota Rodeo Association sanctioned rodeos annually; and

WHEREAS, the Scottie Stampede Rodeo was named as the South Dakota Rodeo Association Rodeo of the Year in 1995. The Scotland Rodeo Club along with stock contractor Hollenback Rodeos of Winner have provided rodeo entertainment through the years in the state of South Dakota; and

WHEREAS, the Scotland Rodeo Club officers and their spouses, Don Herman (president) and wife Vicki, Maynard Suess (vice-president) and wife Barb, Pam Stewart (secretary), and Gary Suess (treasurer) and wife Lori, along with the current members and their spouses Ron and Barb Suess, Sean and Darci Barrett, Charlie and Myrna Deutscher, Jim and Lois Fanning, and Justin Halverson continue to carry on the great traditions of the Scotland Rodeo Club:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Scotland Rodeo Club be commemorated and honored for its accomplishments on the forty-fifth anniversary of the Scottie Stampede Rodeo Days.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 5:28 p.m. the House adjourned.

Karen Gerdes, Chief Clerk