House of Representatives Journal 2/15/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 15, 2011

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

The prayer was offered by the Chaplain, Pastor Mercy Hobbs, followed by the Pledge of Allegiance led by House pages Nathan Audiss, Rachel Nelson, and Alexis Shoup.

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 twenty-first day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Which motion prevailed.

Rep. Magstadt introduced Erin Williams of Watertown, the 2010 South Dakota Girls State Governor, and Daniel Wanous of Sioux Falls, the 2010 South Dakota Boys State Governor.

Rep. Sly introduced Hayley Smith, the 2010 South Dakota 4-H Rodeo Ambassador, from Rapid City, South Dakota.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB1157 and returns the same with the recommendation that said bill be amended as follows:

On page 4, after line 14 of the printed bill, insert:

" Section 2. That § 58-2-29 be amended by adding thereto a NEW SUBDIVISION to read as follows:

(14) Annual renewal of certificate of authority for domestic insurer issuing court appearance bonds .... 6,000".

On page 1, line 2, of the printed bill, after "bonds" insert "and to establish an annual fee for certificate of authority for domestic insurers issuing court appearance bonds".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1128, 1189, and 1226 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1220 which was tabled.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 28 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 19 and 42 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1179 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1104 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 7 to 9, inclusive, and insert "nominating petition was filed pursuant to § 12-6-4, not later than ~~the second to~~ two days after the last Tuesday in March at five p.m. If the request is mailed by registered mail ~~by the second to~~ not later than two days after the last Tuesday in March at five p.m., the request is properly filed. No name that".

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 1252 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That § 31-29-69 be amended to read as follows:

31-29-69. Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes any local authority to prohibit ~~outdoor advertising~~ any on-premise sign throughout its jurisdiction. However, ~~any~~ the local authority may prohibit any other new outdoor advertising structures in its jurisdiction. Any such regulation and control shall be reasonable and reasonably related to the needs of the business community to adequately and properly advertise its goods and services of benefit to the traveling public. "

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 1158 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 96, 132, 151, 153, 173, 194, and 196 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1005, 1006, 1023, 1024, and 1080 which have passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Steele moved that the Committee on State Affairs be instructed to deliver HB 1198 to the floor of the House, pursuant to Joint Rule 7-7.

A roll call vote was requested and supported.

The question being on Rep. Steele's motion that the Committee on State Affairs be instructed to deliver HB 1198 to the floor of the House, pursuant to Joint Rule 7-7.

And the roll being called:

Yeas 19, Nays 48, Excused 3, Absent 0

Yeas:
Bolin; Brunner; Gosch; Greenfield; Haggar; Hubbel; Hunt; Kopp; Liss; Magstadt; Munsterman; Nelson (Stace); Olson (Betty); Rozum; Russell; Sigdestad; Steele; Venner; Verchio

Nays:
Abdallah; Blake; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jones; Juhnke; Killer; Kirschman; Kloucek; Lucas; Lust; Miller; Moser; Novstrup (David); Perry; Romkema; Schaefer; Schrempp; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Jensen; Kirkeby

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

Rep. Venner moved that the Committee on Health and Human Services be instructed to deliver HB 1120 to the floor of the House, pursuant to Joint Rule 7-7.

A roll call vote was requested and supported.

The question being on Rep. Venner's motion that the Committee on Health and Human Services be instructed to deliver HB 1120 to the floor of the House, pursuant to Joint Rule 7-7.

And the roll being called:

Yeas 24, Nays 44, Excused 2, Absent 0

Yeas:
Brunner; Conzet; Deelstra; Dryden; Greenfield; Haggar; Hoffman; Hubbel; Hunt; Jensen; Kirkeby; Kopp; Liss; Munsterman; Nelson (Stace); Olson (Betty); Russell; Schaefer; Steele; Tornow; Tulson; Turbiville; Venner; Verchio

Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Cronin; Dennert; Fargen; Feickert; Feinstein; Gibson; Gosch; Hansen (Jon); Hawley; Hickey; Hunhoff (Bernie); Iron Cloud III; Jones; Juhnke; Killer; Kirschman; Kloucek; Lucas; Lust; Magstadt; Moser; Novstrup (David); Perry; Romkema; Rozum; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Miller

So the motion having received an affirmative vote of one-third of the members-elect, the Speaker declared the motion was supported and the committee was so instructed.

HCR 1006 Introduced by: Representatives Feinstein, Blake, Elliott, Gibson, Hawley, Hunhoff (Bernie), Jones, Kirkeby, Kloucek, and Schaefer and Senators Nygaard, Adelstein, Buhl, Fryslie, Maher, Nelson (Tom), Rampelberg, and Sutton

A CONCURRENT RESOLUTION, In support of reforming the federal Toxic Substances Control Act of 1976.

WHEREAS, children and the developing fetus are uniquely vulnerable to the health threats of toxic chemicals, and early-life chemical exposures have been linked to chronic disease later in life; and

WHEREAS, a growing body of peer-reviewed scientific evidence links exposure to toxic chemicals to many diseases and health conditions that are rising in incidence, including childhood cancers, prostate cancer, breast cancer, learning and developmental disabilities, infertility, and obesity; and

WHEREAS, the President's Cancer Panel report released in May 2010 states that "the true burden of environmentally induced cancers has been grossly underestimated," and the panel advised the President "to use the power of your office to remove the carcinogens and other toxins from our food, water, and air that needlessly increase health care costs, cripple our nation's productivity, and devastate American lives"; and

WHEREAS, workers in a range of industries are exposed to toxic chemicals that pose threats to their health, increasing worker absenteeism, worker compensation claims, and healthcare costs which burden the economy; and

WHEREAS, a recent national poll found that seventy-eight percent of likely American voters were seriously concerned about the threat to children's health from exposure to toxic chemicals in day-to-day life; and

WHEREAS, states bear an undue burden from toxic chemicals, including health care costs and environmental damages, disadvantaging businesses who lack information on chemicals in their supply chain and increasing demands for state regulation; and

WHEREAS, the primary governing federal statute, the Toxic Substances Control Act of 1976 (TSCA), was intended to authorize the U.S. Environmental Protection Agency (EPA) to protect public health and the environment from toxic chemicals; and

WHEREAS, when TSCA was passed approximately 62,000 chemicals in commerce were "grandfathered in" without any required testing for health and safety hazards or any restrictions on usage; and

WHEREAS, in the thirty-five years since TSCA passed, the EPA has required chemical companies to test only two hundred of those chemicals for health hazards and has issued partial restrictions on only five chemicals; and

WHEREAS, TSCA has been widely recognized as ineffective and obsolete due to legal and procedural hurdles that prevent the EPA from taking quick and effective regulatory action to protect the public against well-known chemical threats; and

WHEREAS, in January 2009, the U.S. General Accounting Office added the EPA's regulatory program for assessing and controlling toxic chemicals to its list of high risk government programs that are not working as intended, finding that EPA has been unable to complete assessments even of chemicals of highest concern. EPA requires additional authority to obtain health and safety information from the chemical industry and to shift more of the burden to chemical companies to demonstrate the safety of their products, and TSCA does not provide sufficient chemical safety data for public use by consumers, businesses, and workers and fails to create incentives to develop safer alternatives; and

WHEREAS, the National Conference of State Legislatures unanimously adopted a resolution in July 2009 that articulated principles for TSCA reform and called on Congress to act to update the law; and

WHEREAS, in August 2010, the Environmental Council of states unanimously adopted a resolution entitled "Reforming the Toxic Substances Control Act," which endorses specific policy reforms; and

WHEREAS, ten states have come together to launch the Interstate Chemicals Clearinghouse to coordinate state chemical information management programs, and a coalition of thirteen states issued guiding principles for TSCA reform; and

WHEREAS, seventy-one state laws on chemical safety have been enacted and signed into law in eighteen states with broad bipartisan support over the last eight years; and

WHEREAS, state policy leadership on chemical management, although outstanding, cannot substitute for Congressional leadership to reform TSCA, a reform which all parties agree is urgently needed; and

WHEREAS, TSCA is the only major federal environmental statute that has never been updated or reauthorized; and

WHEREAS, legislation to substantially reform TSCA was introduced during the 109^th Congress in 2005, the 110^th Congress in 2008, and again in the 111^th Congress in 2010:

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 encourages the United States Congress to enact federal legislation to modernize the Toxic Substances Control Act of 1976 to strengthen chemicals management through policy reforms that:

(1) Require chemical manufacturers to prove that all existing and new chemicals are not harmful to human health, and provide essential health and safety information on chemicals to inform the market, consumers, and the public;

(2) Require immediate action to reduce or eliminate the worst chemicals, including persistent, bioaccumulative, and toxic chemicals and other priority toxics to which there is already widespread exposure;

(3) Preserve the authority of state and tribal governments to operate chemicals management programs that are more protective than the federal government's;

(4) Establish health safety standards for chemicals that rely on the best available science to protect the most vulnerable among us, such as children and the developing fetus;

(5) Reward innovation by fast-tracking approval of new, demonstrably safer chemicals, and invest in green chemistry research and workforce development to boost American business and spurs jobs making safer alternatives; and

(6) Promote environmental justice by developing action plans to reduce disproportionate exposure to toxic chemicals in "hot spot" communities.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on HB 1201 as found on pages 364 and 365 of the House Journal; also

Education on HB 1083 as found on page 365 of the House Journal; also

Education on HB 1228 as found on page 365 of the House Journal; also

Education on HB 1235 as found on page 366 of the House Journal; also

Commerce and Energy on HB 1033 as found on pages 366 and 367 of the House Journal; also

State Affairs on HB 1149 as found on page 367 of the House Journal; also

State Affairs on HB 1248 as found on page 368 of the House Journal; also

Judiciary on HB 1155 as found on pages 368 to 370 of the House Journal; also

Judiciary on HB 1217 as found on page 370 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 96: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain documents filed with the county register of deeds.

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

SB 132: FOR AN ACT ENTITLED, An Act to provide the right of first refusal to construct and own electric transmission lines to incumbent electric utilities.

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

SB 151: FOR AN ACT ENTITLED, An Act to revise the grandfathering provisions of massage therapy licensure.

Was read the first time and referred to the Committee on Health and Human Services.

SB 153: FOR AN ACT ENTITLED, An Act to revise fees for resident nurserymen and nursery stock dealers.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes against minors be suppressed under certain conditions.

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

SB 194: FOR AN ACT ENTITLED, An Act to create a Wind Energy Competitive Advisory Task Force and to provide for the appointment of the task force members.

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

SB 196: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive payment, to create the ethanol infrastructure incentive fund, to appropriate money to encourage the use of ethanol, and to make transfers into the ethanol infrastructure incentive fund and the revolving economic development and initiative fund.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 21: FOR AN ACT ENTITLED, An Act to eliminate the requirement for single action hardware on primary exit doors for specialty resorts and vacation homes.

Was read the second time.

The question being "Shall SB 21 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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; Venner; Verchio; White; Wick; Willadsen; Wink; 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.

SB 47: FOR AN ACT ENTITLED, An Act to revise certain firm ownership provisions regarding real estate license holders and to make form and style revisions to certain provisions related to the Real Estate Commission.

Was read the second time.

The question being "Shall SB 47 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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 49: FOR AN ACT ENTITLED, An Act to authorize the Real Estate Commission to commence actions for injunctions against certain individuals and entities that engage in the practice of real estate without a license issued and to provide for recovery of costs of the injunction proceedings by the commission.

Was read the second time.

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

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of new or used vehicles and the sale of certain emergency vehicles.

Was read the second time.

The question being "Shall HB 1256 pass?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, 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; 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; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Verchio

Excused:
Elliott; Jones; Juhnke; Tornow

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 1206: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to grandparent visitation and to declare an emergency.

Was read the second time.

Rep. Stace Nelson moved that HB 1206 be amended as follows:

On page 1, line 11, of the printed bill, delete "and" and insert "or".

Which motion lost.

The question being "Shall HB 1206 pass?"

And the roll being called:

Yeas 37, Nays 32, Excused 1, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Conzet; Dryden; Fargen; Feinstein; Gosch; Haggar; Hansen (Jon); Hickey; Hunhoff (Bernie); Hunt; Kirkeby; Kopp; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Speaker Rausch

Nays:
Abdallah; Blake; Carson; Cronin; Deelstra; Dennert; Feickert; Gibson; Greenfield; Hawley; Hoffman; Hubbel; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Liss; Lucas; Miller; Nelson (Stace); Rozum; Russell; Schrempp; Sigdestad; Street; Venner; Verchio; Wink; Wismer

Excused:
Elliott

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

Rep. Tornow announced his intention to reconsider the vote by which HB 1206 lost.

HB 1130: FOR AN ACT ENTITLED, An Act to allow certain adult children of overseas citizens to vote in the state.

Was read the second time.

The question being "Shall HB 1130 pass as amended?"

And the roll being called:

Yeas 55, Nays 13, Excused 2, Absent 0

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

Nays:
Cronin; Greenfield; Haggar; Jensen; Juhnke; Liss; Miller; Russell; Turbiville; Van Gerpen; Vanneman; Verchio; Wick

Excused:
Elliott; Wink

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 1056: FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged and to revise certain provisions regarding county regulation of fireworks.

Was read the second time.

The question being "Shall HB 1056 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, 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; 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; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Iron Cloud III; Lucas; Schrempp

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 1087: FOR AN ACT ENTITLED, An Act to address comprehensibly the liability relationship between a trespasser and a person with a possessory interest in land.

Was read the second time.

The question being "Shall HB 1087 pass as amended?"

And the roll being called:

Yeas 64, Nays 5, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; 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; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Feinstein; Killer; Lucas; Street; 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 1144: FOR AN ACT ENTITLED, An Act to create a statutory lien for certain health care providers.

Was read the second time.

The question being "Shall HB 1144 pass as amended?"

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

Yeas:
Bolin; Brunner; Conzet; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Romkema; Rozum; Russell; Schaefer; Sigdestad; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Abdallah; Blake; Boomgarden; Carson; Cronin; Deelstra; Greenfield; Iron Cloud III; Liss; Magstadt; Nelson (Stace); Perry; Schrempp; Street; Wink

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 1145: FOR AN ACT ENTITLED, An Act to provide for the identification of the law applicable to certain claims for damages.

Was read the second time.

The question being "Shall HB 1145 pass as amended?"

And the roll being called:

Yeas 47, Nays 20, Excused 3, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Deelstra; Dennert; Dryden; Fargen; Feinstein; Greenfield; Haggar; Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Kirschman; Kopp; Liss; Lust; Magstadt; Moser; 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; White; Willadsen; Speaker Rausch

Nays:
Blake; Carson; Conzet; Cronin; Feickert; Gibson; Gosch; Hansen (Jon); Hoffman; Iron Cloud III; Jones; Killer; Kloucek; Lucas; Miller; Rozum; Verchio; Wick; Wink; Wismer

Excused:
Abdallah; Elliott; Kirkeby

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 HB 1171 and 1203 be placed to follow HB 1110 on today's calendar.

Which motion prevailed.

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain prairie dog shooting season provisions.

Was read the second time.

The question being "Shall HB 1047 pass?"

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Fargen; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; 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; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Blake; Dennert; Feinstein; Gibson; Hawley; Iron Cloud III; Stricherz

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.

Rep. Lust moved that the balance of the calendar including HB 1245, 1246, 1247, 1249, 1192, 1053, 1169, 1208, 1110, 1171, and 1203 and SB 39, 4, and 27 be deferred to Wednesday, February 16^th, the 23^rd legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1009, 1010, 1013, 1016, 1030, 1031, 1032, 1035, 1036, 1037, 1038, and 1042 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 15, 2011.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1005, 1006, 1023, 1024, 1029, and 1080 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to private shooting preserves.

HB 1006: FOR AN ACT ENTITLED, An Act to authorize certain air guns for use in hunting certain animals.

HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding how South Dakota Retirement System survivor benefits and disability benefits are handled in regard to children.

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vacancies on the Board of Trustees of the South Dakota Retirement System.

HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the taxation of telecommunications companies.

HB 1080: FOR AN ACT ENTITLED, An Act to modify the date on which the annual financial reports of school districts are considered past due.

And signed the same in the presence of the House.

HC 1013 Introduced by: Representatives Rozum, 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, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Vehle, 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, Sutton, Tidemann, and Tieszen

A LEGISLATIVE COMMEMORATION, Commending and honoring the Mitchell School District Board of Education on its selection to receive the Associated School Boards of South Dakota School Board Award of Excellence for 2011.

WHEREAS, the Mitchell School District Board of Education exemplifies the traits of a highly effective school board and focuses its time and energy to improve achievement for all students; and

WHEREAS, the board establishes a vision for the district and sets high expectations for all students and staff; and

WHEREAS, the board provides the necessary resources so staff can succeed, including an aggressive three-year plan for quality professional development; and

WHEREAS, the board has worked with the superintendent and management team to develop long-term district plans; and

WHEREAS, the board works diligently to hold the school system accountable for results and to ensure the district's goals are being met; and

WHEREAS, the board was instrumental in building a collective will and community support for curriculum and state-of-the-art construction projects; and

WHEREAS, communication among board, administration, and building teams has become an effective, reinforcing leadership tool for all participants to come together in the pursuit of higher students achievement:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that during 2011 the Mitchell School District Board of Education is hereby recognized for its leadership in improving achievement for all students of the district.

HC 1014 Introduced by: Representatives Kloucek, Bolin, Brunner, Carson, Cronin, Fargen, Hawley, Hickey, Hoffman, Hunhoff (Bernie), Iron Cloud III, Jones, Killer, Kirkeby, Kirschman, Kopp, Lucas, Lust, Moser, Munsterman, Olson (Betty), Rozum, Russell, Sly, Stricherz, Turbiville, and Vanneman and Senators Putnam, Begalka, Bradford, Brown, Buhl, Frerichs, Garnos, Gray, Hundstad, Hunhoff (Jean), Maher, Nygaard, Olson (Russell), and Sutton

A LEGISLATIVE COMMEMORATION, Honoring and commemorating the anniversary in 2011 of the fifty-third annual Schmeckfest in Freeman, South Dakota.

WHEREAS, the fifty-third annual Schmeckfest celebrates the rich cultural heritage that German immigrants transported from their homeland to enrich their new home in South Dakota and is hosted by the Freeman Academy Auxiliary; and

WHEREAS, Schmeckfest, having been held every spring and has grown to accommodate more than six thousand guests each year, showcases the traditional foods and crafts of the Freeman community with an ethnic meal, demonstrations, and displays; and

WHEREAS, this year on March 25-26 and April 1-2, 2011, at the Pioneer Hall in Freeman, South Dakota, the Ethnic German meal will be served family style from 4:00 p.m. to 7:00 p.m. Tickets are available for one thousand meals each evening; and

WHEREAS, the annual event includes a full stage musical theater production directed by John Koch. The musical for 2011, "Kiss Me Kate," will take place on March 25-26 and March 31 and April 1-2 at 8:00 p.m.:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the many members and friends of the Freeman community be honored and commemorated on the fifty-third anniversary of Schmeckfest in 2011.

HC 1015 Introduced by: Representatives Olson (Betty), Iron Cloud III, Jones, Killer, Kirkeby, Lucas, Schrempp, and Verchio and Senators Maher and Bradford

A LEGISLATIVE COMMEMORATION, Honoring Mary Jo May on her participation and achievements in the Washington Internships for Native Students program.

WHEREAS, Mary Jo May of Kyle, South Dakota, a graduate of Bennett County High School, was selected as an intern under the Washington Internships for Native Students (WINS) program and served in Washington, D.C., during the summer of 2010. WINS is a prestigious internship program that offers students of American Indian, Alaska Native, and Native Hawaiian nations the opportunity to build leadership skills while living, studying, and interning in Washington, D.C. Ms. May was one of only three students from South Dakota and one hundred students nationwide selected for the program; and

WHEREAS, during her internship, Ms. May worked with the Department of Veterans Affairs in Historic Preservation researching in such areas as Native American women veterans, Native American scouts, and Native American Medal of Honor recipients; and

WHEREAS, from her research work, Ms. May created an exhibit that was selected for display at the Smithsonian Institution's National Museum of the American Indian. Hers was the only exhibit selected for display at the museum; and

WHEREAS, Ms. May will attend Black Hills State University and will major in education, with plans to teach history. She is the daughter of Avery and Liz May of Kyle, South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Mary Jo May is recognized and honored for her accomplishments during 2010 as a participant in the Washington Internships for Native Students (WINS) program and for the selection of her work for display at the Smithsonian's National Museum of the American Indian.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:43 p.m. the House adjourned.

Karen Gerdes, Chief Clerk