House of Representatives Journal 2/16/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 16, 2011

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

The prayer was offered by the Chaplain, Pastor Mike Bishop, followed by the Pledge of Allegiance led by House pages Katelyn Stoltenburg and Tina Vaugh.

Roll Call: All members present except Reps. Elliott and Romkema 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 twenty-second 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. Rozum introduced the Mitchell School Board, recipient of the School Board Award of Excellence for 2011 awarded by the Associated School Boards of South Dakota.

COMMUNICATIONS AND PETITIONS

February 15, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 15, 2011, I approved House Bills 1026, 1027, and 1060, 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 Health and Human Services respectfully reports that it has had under consideration HB 1120, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1229 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 1093, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1093ca

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

" Section 1. The Legislature shall utilize this bill to identify and repeal certain unnecessary education mandates to allow the postsecondary technical institutes and the institutions under the control of the Board of Regents to operate more economically."

1093cta

On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "repeal certain education mandates to allow the postsecondary technical institutes and the institutions under the control of the Board of Regents to operate more economically.".

On page 1, delete lines 2 and 3.

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 1091 which was tabled.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1113 and 1230 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1231 and returns the same with the recommendation that said bill be amended as follows:

1231oa

On page 1, line 10, of the printed bill, delete "the South 740 feet of".

On page 1, line 10, after "NE1/4" delete "of" and insert ", less the North 600',".

On page 1, line 11, delete "37.41" and insert "42.68".

On page 1, line 11, delete "and".

On page 1, line 13, delete "S1760' of the".

On page 1, line 13, after "NW1/4" delete "of" and insert ", less the North 880',".

On page 1, line 14, delete "100" and insert "106.72".

On page 1, line 14, after ";" insert "and".

On page 1, between lines 14 and 15, insert:

" (c) Certain property under the control of the Department of Corrections and described generally as the N880' of the NE1/4 of Section 14, Township 103, Range 64, consisting of 53.44 acres more or less;".

On page 2, delete lines 15 to 21, inclusive.

On page 2, line 22, delete "(5)" and insert "(4)".

On page 4, line 3, delete "(6)" and insert "(5)".

On page 5, after line 22, insert:

" Section 8. Notwithstanding the provisions of this Act or any other law to the contrary, the Governor may direct the Commissioner of School and Public Lands to sell any real estate and related personal property described in section 1 of this Act to a political subdivision within which the real estate and related personal property is located. The sale may be made without first offering the real estate and related personal property for sale to the public. The sale price shall be at least the appraised value as determined by the board of appraisal established by § 5-9-3, and is subject to all applicable statutory and constitutional reservations.".

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 1232 and returns the same with the recommendation that said bill be amended as follows:

1232oa

On page 3, after line 20 of the printed bill, insert:

" Section 7. Notwithstanding the provisions of this Act or any other law to the contrary, the Governor may direct the Commissioner of School and Public Lands to sell any real estate and related personal property described in section 1 of this Act to a political subdivision within which the real estate and related personal property is located. The sale may be made without

first offering the real estate and related personal property for sale to the public. The sale price shall be at least the appraised value as determined by the board of appraisal established by § 5-9-3, and is subject to all applicable statutory and constitutional reservations.".

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 1236 and returns the same with the recommendation that said bill be amended as follows:

1236oa

On page 2 of the printed bill, delete lines 10 to 17, inclusive.

1236ota

On page 1, line 2, of the printed bill, delete everything before "." .

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 1112 which was tabled.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 38 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 45, 70, and 110 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 1238 which was tabled.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 37 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1194 and returns the same with the recommendation that said bill be amended as follows:

1194aa

On page 1, line 3, of the printed bill, before "South" insert "State of".

On page 1, line 10, before "South" insert "State of".

On page 1, line 13, before "South" insert "State of".

1194fa

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

" Section 1. The state investment council shall create an exempt nonprofit corporation under 501(c)(3) of the United States Internal Revenue Code, as of January 1, 2011, for the purpose of administering and creating an endowment fund. The purpose of the endowment fund is to provide a fund for any person who wishes to contribute to the endowment fund to further the excellent quality of life which is unique to this state."

1194fta

On page 1, line 1, of the printed bill, delete "create" and insert "require the state investment council to create an exempt nonprofit corporation to administer".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1227 and 1239 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1079 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 1255 and returns the same with the recommendation that said bill be amended as follows:

1255ra

On page 2 of the printed bill, delete lines 5 to 23, inclusive.

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 1237 which was tabled.

Respectfully submitted,
Roger W. Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1022 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1005 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 168, 184, 186, 189, and 192 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Feinstein moved that HCR 1006 be deferred to Thursday, February 17^th, the 24^th legislative day.

Which motion prevailed.

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

Rep. Tornow moved that the House do now reconsider the vote by which HB 1206 lost.

The question being on Rep. Tornow's motion to reconsider the vote by which HB 1206 lost.

And the roll being called:

Yeas 36, Nays 30, Excused 4, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Fargen; Gosch; Hansen (Jon); Hickey; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kopp; Liss; Lucas; Lust; Magstadt; Munsterman; Schaefer; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Venner; Verchio; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Abdallah; Blake; Dennert; Dryden; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hawley; Hoffman; Hubbel; Iron Cloud III; Juhnke; Kirschman; Kloucek; Miller; Moser; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Rozum; Russell; Schrempp; Sigdestad; Steele; Van Gerpen; Vanneman; White

Excused:
Carson; Elliott; Romkema; Wink

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1206 was up for reconsideration and final passage.

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

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

1206ra

Rep. Tornow moved that HB 1206 be amended as follows:

On page 2 of the printed bill, delete lines 6 to 8, inclusive.

Which motion prevailed.

1206oa

Rep. Feinstein moved that HB 1206 be further amended as follows:

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

On page 1, delete line 12.

Which motion lost.

The question being "Shall HB 1206 pass as amended?"

And the roll being called:

Yeas 30, Nays 36, Excused 4, Absent 0

Yeas:
Bolin; Boomgarden; Conzet; Cronin; Deelstra; Dryden; Fargen; Gosch; Hansen (Jon); Hickey; Hoffman; Hunhoff (Bernie); Kirkeby; Lust; Magstadt; Moser; Novstrup (David); Perry; Schaefer; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Abdallah; Blake; Brunner; Dennert; Feickert; Feinstein; Gibson; Greenfield; Haggar; Hawley; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Miller; Munsterman; Nelson (Stace); Olson (Betty); Rozum; Russell; Schrempp; Sigdestad; Steele; Van Gerpen; Vanneman; Venner; Verchio; White

Excused:
Carson; Elliott; Romkema; Wink

So the bill not having received an affirmative vote of a 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.

HCR 1007 Introduced by: Representatives Rausch, Abdallah, Bolin, Boomgarden, Brunner, Carson, Conzet, Gosch, Greenfield, Haggar, Hoffman, Hubbel, Hunt, Jensen, Juhnke, Kirkeby, Magstadt, Miller, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Romkema, Rozum, Russell, Schaefer, Stricherz, Turbiville, Van Gerpen, Vanneman, Verchio, and White and Senators Peters, Maher, and Rave

A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as observer in the International Civil Aviation Organization and United Nations Framework Convention on Climate Change.

WHEREAS, civil aviation plays a pivotal role in promoting cultural exchange, business, trade, and tourism; and

WHEREAS, to develop international civil aviation in a safe and orderly manner is the supreme cause of the International Civil Aviation Organization (ICAO); and

WHEREAS, Taiwan was the world's seventeenth largest exporter in 2009 and is a key air transport hub linking northeast and southeast Asia; and

WHEREAS, Taiwan's request to participate in the International Civil Aviation Organization and the United Nations Framework Convention on Climate Change is fully in line with the United States government's policy of supporting Taiwan's meaningful participation in United Nations specialized agencies; and

WHEREAS, without Taiwan's participation, international flight plans, regulations, and procedures that the ICAO formulates will be incomplete and unsafe:

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 2011 Legislature endorses the proposition that Taiwan participate in the International Civil Aviation Organization as observer; and

BE IT FURTHER RESOLVED, that the 2011 Legislature is supportive of all efforts to grant Taiwan official observer status at the United Nations Framework Convention on Climate Change (UNFCCC) and as a collaborative partner of the United States on a wide range of public issues, Taiwan should be afforded the opportunity to participate in global efforts aimed at reducing and preventing natural disasters.

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

HCR 1008 Introduced by: Representatives Schaefer, Boomgarden, Deelstra, Dryden, Elliott, Feinstein, Hansen (Jon), Hickey, Hoffman, Hubbel, Jones, Killer, Kloucek, Kopp, Liss, Miller, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rozum, Russell, Sly, Solum, Steele, Street, Stricherz, Tulson, Van Gerpen, Vanneman, Verchio, White, and Willadsen and Senators Garnos, Begalka, Bradford, Frerichs, Holien, Maher, Nygaard, Rampelberg, Schlekeway, and Vehle

A CONCURRENT RESOLUTION, Expressing opposition to the U.S. Army Corps of Engineers' proposal to levy fees for the storage of water in the Missouri River reservoirs.

WHEREAS, the Missouri River, which divides eastern and western South Dakota, remains a vitally important resource to this state and has played a central role in South Dakota's historical, cultural, and economic development; and

WHEREAS, the federal 1944 Flood Control Act, which created the Pick-Sloan Missouri River Basin Program, resulted in the construction of six massive mainstem dams and reservoirs on the Missouri River. Four of these, Gavin's Point, Fort Randall, Big Bend, and Oahe, are located in South Dakota and caused the inundation and loss of more than one-half million acres of prime Missouri River bottomland, as well as disruption and sometimes relocation of South Dakota towns and Native American communities inundated by the rising waters of the reservoirs; and

WHEREAS, the Pick-Sloan Program was based on a combination of benefits for upstream and downstream Missouri River states, including flood control, navigation, municipal and industrial water supply, and hydropower for the lower basin states, and irrigation, water supply, hydropower, flood control, wildlife habitat, and recreational opportunities for the upstream states. While most of the projected benefits for the downstream states have been realized, major portions of the benefits promised to the upstream states, particularly irrigation, have not been developed, in spite of the sacrifices endured in the upper basin to implement the Pick-Sloan Program; and

WHEREAS, the U.S. Army Corps of Engineers (COE) recently announced its intention to prepare surplus water reports and environmental assessments for each of the six Missouri River dams and has released its report for Lake Sakakawea and Garrison Dam in North Dakota; and

WHEREAS, the Garrison Dam/Lake Sakakawea Draft Surplus Water Report and Environmental Assessment calls for levying fees on users to recover the costs of building the Garrison Dam in North Dakota and storing water for the region's population. Similar requirements can be expected for the four Missouri River dams in South Dakota; and

WHEREAS, the Corps of Engineers is calling for municipal and industrial users of Missouri River water in the upper basin to pay a storage fee of $20.91 per acre-foot for water stored in Lake Sakakawea, with a maximum usage of 100,000 acre-feet. This amount is based on the cost of building the sixty-year old dam and associated facilities at present-day prices. Comparable fees are expected when the Corps completes the reports for reservoirs in South Dakota. Users of Missouri River water in downstream states not taking water stored in the reservoirs would not be charged, even though the downstream states have benefitted tremendously from flood control, navigation, water supplies, and hydropower resulting from the Pick-Sloan Program; and

WHEREAS, an even more disturbing aspect of the proposal is that the Corps of Engineers does not intend to factor out of its calculations the river's natural flows _ the amount of water that would still be flowing in the Missouri River through the upper basin states if the dams had never been built, water that unquestionably belongs to the states and their people; and

WHEREAS, the Corps of Engineers has implemented a policy of allowing no new withdrawals of Missouri River water pending completion of the studies, a policy that poses severe threats to municipal, tribal, irrigation, and rural water system users in our state; and

WHEREAS, the concept of charging the people of the upper Missouri River basin states for the use of water in reservoirs that were built sixty years ago and that resulted in substantial sacrifice and hardship for many of our people, while the benefits promised were not realized, and while not charging the main beneficiaries of the dams, the lower basin states, is patently unfair; and

WHEREAS, Governor M. Michael Rounds and Governor Dennis Daugaard have each requested the Corps of Engineers, in the strongest of terms, to rescind or revise its proposal:

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 is fundamentally opposed to the U.S. Army Corps of Engineers' ill-conceived proposal to charge the users of water in the upper Missouri River basin a storage fee to recover the costs of constructing the Missouri River dams, even though the dams resulted in major loss of land and significant disruption for our people and delivered only a small fraction of the promised benefits; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature urges the Corps of Engineers to withdraw its unfortunate proposal, as embodied in the Garrison Dam/Lake Sakakawea, North Dakota Draft Surplus Water Report and Environmental Assessment, to charge the people of the upper Missouri River basin for the use of water in the Missouri River reservoirs.

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

Taxation on HB 1157 as found on page 388 of the House Journal; also

Local Government on HB 1104 as found on page 389 of the House Journal; also

Local Government on HB 1252 as found on page 390 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain state purchases of supplies and services.

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

SB 184: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

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

SB 186: FOR AN ACT ENTITLED, An Act to revise certain provisions related to distribution of funds to sparse school districts.

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

SB 189: FOR AN ACT ENTITLED, An Act to revise certain budgetary provisions relating to certain funds received from the federal government.

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

SB 192: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 19: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and the transportation of hazardous materials.

Was read the second time.

The question being "Shall SB 19 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; 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; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Carson; Elliott; Romkema; 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.

SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption from the motor fuel tax for bulk fuel transfers into a terminal.

Was read the second time.

The question being "Shall SB 42 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Carson; Elliott; Romkema; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that HB 1215 be placed to follow HB 1179 on today's calendar.

Which motion prevailed.

HB 1245: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the salary and travel reimbursements for county veterans' service officers.

Was read the second time.

Rep. Lust moved that HB 1245 be placed to follow HB 1215 on today's calendar.

Which motion prevailed.

HB 1246: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, and the dental tuition reimbursement program.

Was read the second time.

1246ub

Rep. Tornow moved that HB 1246 be amended as follows:

On page 1, line 6, of the printed bill, delete "two hundred forty-" and insert "one hundred twenty-two thousand four hundred dollars ($122,400), or the actual cost of tuition at the University of South Dakota School of Medicine, whichever is greater".

On page 1, delete line 7.

On page 1, line 8, delete "necessary".

Which motion lost.

The question being "Shall HB 1246 pass?"

And the roll being called:

Yeas 60, Nays 6, Excused 4, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; 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; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Kirkeby; Liss; Nelson (Stace); Olson (Betty); Steele; Tornow

Excused:
Carson; Elliott; Romkema; Wink

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 1247: FOR AN ACT ENTITLED, An Act to make an appropriation to fund property and sales tax refunds for certain elderly persons and persons with a disability.

Was read the second time.

The question being "Shall HB 1247 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
Carson; Elliott; Romkema; Wink

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 1249: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2011 state aid to special education appropriation to fiscal year 2012.

Was read the second time.

The question being "Shall HB 1249 pass?"

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; 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; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wismer; Speaker Rausch

Nays:
Russell

Excused:
Carson; Elliott; Romkema; Wink

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 1192: FOR AN ACT ENTITLED, An Act to increase certain registration fees for the use of motor vehicles on the public highways.

Was read the second time.

1192oa

Rep. Dennert moved that HB 1192 be amended as follows:

On page 1, line 9, of the House Transportation Committee engrossed bill, delete "fifty-one" and insert "sixty-two".

On page 1, line 10, delete "seventy-two" and insert "eighty-five" and delete "and fifty cents".

On page 1, line 11, delete "ninety-two" and insert "one hundred ten" and delete "and fifty cents".

On page 5, delete lines 20 to 24, inclusive.

On page 6, delete lines 1 to 23, inclusive.

On page 7, line 5, delete "sixty" and insert "eighty".

On page 7, line 6, delete "ninety" and insert "one hundred fifteen".

On page 7, line 7, delete "twenty" and insert "fifty".

Which motion lost.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1192 pass as amended?"

And the roll being called:

Yeas 53, Nays 13, Excused 4, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Cronin; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Willadsen; Wismer; Speaker Rausch

Nays:
Conzet; Deelstra; Gosch; Haggar; Hansen (Jon); Jensen; Kloucek; Nelson (Stace); Olson (Betty); Russell; Tornow; Van Gerpen; Wick

Excused:
Carson; Elliott; Romkema; Wink

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 1053: FOR AN ACT ENTITLED, An Act to repeal the requirement to provide notice to abutting counties when changing the county plan or ordinances.

Was read the second time.

The question being "Shall HB 1053 pass?"

And the roll being called:

Yeas 59, Nays 5, Excused 6, Absent 0

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

Nays:
Fargen; Feickert; Iron Cloud III; Kloucek; Lucas

Excused:
Abdallah; Carson; Elliott; Juhnke; Romkema; 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 1169: FOR AN ACT ENTITLED, An Act to provide for the enlargement of special zoning areas, to revise certain provisions regarding special zoning areas, and to provide for the appointment of special zoning area commissions.

Was read the second time.

1169ta

Rep. Kloucek moved that HB 1169 be amended as follows:

On page 5 of the printed bill, delete lines 9 to 20, inclusive, and insert:

" Section 10. That § 11-2-47.1 be amended to read as follows:

11-2-47.1. The board's ~~decisions~~ decisions to establish, ~~and~~ incorporate, and enlarge the special zoning area; to adopt zoning ordinances and to establish jurisdiction of the ordinances over a special zoning area; and to assign property within the area to zoning districts may each be referred to a vote of the qualified voters of the proposed special zoning area pursuant to §§ 7-18A-17 to 7-18A-24, inclusive. The qualified voters of the proposed special zoning area may refer the ~~decision~~ decisions within twenty days after ~~its~~ their publication by filing a petition signed by five percent of the registered voters in the special zoning area, based upon the total number of registered voters at the last preceding general election. The filing of a valid petition ~~requires the submission of~~ on the decision to establish and incorporate the special zoning area, to enlarge the special zoning area, to adopt zoning ordinances and establish jurisdiction of such ordinances over a special zoning area, or to assign property within the area to zoning districts, requires the submission of the decision to a vote of the qualified voters of the proposed special zoning area for its rejection or approval. The effective date of the establishment and incorporation of the special zoning area or the implementation of ordinances on which a referendum is to be held shall be suspended by the filing of a referendum petition until the referendum process is completed. ".

Which motion lost.

The question being "Shall HB 1169 pass?"

And the roll being called:

Yeas 60, Nays 8, Excused 2, 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; Jensen; Jones; Juhnke; Killer; Kirkeby; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Rozum; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Feinstein; Iron Cloud III; Kirschman; Kloucek; Russell; Schaefer; Schrempp; Sigdestad

Excused:
Elliott; Romkema

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 1208, 1110, and 1171 be placed to follow HB 1245 on today's calendar.

Which motion prevailed.

HB 1203: FOR AN ACT ENTITLED, An Act to allow school districts, for a period of two years, to transfer funds from the capital outlay fund to the general fund under certain circumstances.

Was read the second time.

Rep. Lust moved that HB 1203 be deferred to Thursday, February 17^th, the 24^th legislative day.

Which motion prevailed.

HB 1201: FOR AN ACT ENTITLED, An Act to revise auditing requirements for water development districts.

Was read the second time.

The question being "Shall HB 1201 pass as amended?"

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; 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; Romkema

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 1083: FOR AN ACT ENTITLED, An Act to revise certain state education benefits for veterans.

Was read the second time.

Rep. Gosch requested a fiscal note on HB 1083.

Which request was supported.

HB 1228: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four technical institutes.

Was read the second time.

The question being "Shall HB 1228 pass as amended?"

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

Yeas:
Abdallah; Blake; 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; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Bolin; Liss

Excused:
Elliott; Romkema; Russell; 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 1235: FOR AN ACT ENTITLED, An Act to require an interim legislative study of the state's delivery of postsecondary education, how it compares to other models of delivery, and the economic impact of other models of delivery.

Was read the second time.

The question being "Shall HB 1235 pass as amended?"

And the roll being called:

Yeas 42, Nays 26, Excused 2, Absent 0

Yeas:
Bolin; Brunner; Carson; Conzet; Deelstra; Dryden; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Kirkeby; Kirschman; Lust; Miller; Moser; Munsterman; Novstrup (David); Perry; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Willadsen; Wismer

Nays:
Abdallah; Blake; Boomgarden; Cronin; Dennert; Fargen; Feickert; Greenfield; Jensen; Jones; Juhnke; Killer; Kloucek; Kopp; Liss; Lucas; Magstadt; Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Tulson; Wick; Wink; Speaker Rausch

Excused:
Elliott; Romkema

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 1033: FOR AN ACT ENTITLED, An Act to provide for the registration and regulation of appraisal management companies.

Was read the second time.

The question being "Shall HB 1033 pass as amended?"

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; 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; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Greenfield; Kopp; Nelson (Stace); Russell

Excused:
Elliott; Romkema

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 1149: FOR AN ACT ENTITLED, An Act to allow legal residents of the United States to obtain a concealed pistol permit.

Was read the second time.

The question being "Shall HB 1149 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); 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; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Lucas; Russell

Excused:
Elliott; Romkema

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 1248: FOR AN ACT ENTITLED, An Act to repeal the sunset of the one-half percent increase in the gross receipts tax imposed on visitor-related businesses.

Was read the second time.

Rep. Lust moved that the balance of the calendar including HB 1248, 1155, 1217, 1179, 1215, 1245, 1208, 1110, and 1171 and SB 39, 4, 27, and 28 be deferred to Thursday, February 17^th, the 24^th legislative day.

Which motion lost.

Rep. Gosch moved that the balance of the calendar including HB 1248, 1155, 1217, 1179, 1215, 1245, 1208, 1110, and 1171 and SB 39, 4, 27, and 28 be deferred to Thursday, February 17^th, the 24^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1022 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding veterans credited service and benefits under the South Dakota Retirement System and under the South Dakota deferred compensation plan.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1016 Introduced by: Representatives Kloucek, Blake, Bolin, Dennert, Fargen, Feinstein, Hickey, Hunhoff (Bernie), Iron Cloud III, Jones, Kirschman, Lucas, Nelson (Stace), Romkema, Rozum, Schaefer, Schrempp, and Wismer and Senators Putnam, Begalka, Bradford, Buhl, Frerichs, Holien, Hunhoff (Jean), Maher, Novstrup (Al), Nygaard, Sutton, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Recognizing and honoring James and Theresa Sedlacek on receiving the 2009 Spark Plug of Scotland Award.

WHEREAS, James and Theresa Sedlacek continuously volunteered their time and talents to make Scotland a better place to live, work, and raise a family. They are the parents of five children: Nancy (Kevin) Haase of Albany, Georgia; Patricia (Jeff) Lutz of St. Michael, Minnesota; JoAnn (Dennis) Bierle of Omaha, Nebraska; Dennis (Rebecca) Sedlacek of Sioux Falls, South Dakota; and Karen Sedlacek of Monticello, Minnesota, and the grandparents to fifteen grandchildren; and

WHEREAS, Jim has actively served his community with over fifty years as a foreman of the Scotland Volunteer Fire Department, twenty years as a member of the Scotland EMT's, and a number years as a law enforcement officer, city employee, mayor, and city councilman; and

WHEREAS, Jim participated in many projects in the Scotland area such as the Highway 25 reconstruction, City Hall restoration and elevator project, swimming pool reconstruction, water and sewer projects, and economic development efforts such as the Horizons project; and

WHEREAS, Theresa has provided her services within the community as an officer on St. George's Altar Society for over twenty-five years, twenty years as a church lector, Eucharistic minister and Good Samaritan Center rosary leader, reading at Sunday morning children's story hour, and participating at the Scotland Community Library with the summer reading program; and

WHEREAS, Theresa is a member of the Scotland VFW Auxiliary, Scotland Historical Society, Scotland Civic Club, Red Hatters, and many other groups, as well as volunteering with senior citizens;

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Jim and Theresa Sedlacek be recognized and honored for their many years of community service and for receiving the 2009 Spark Plug of Scotland Award.

HC 1017 Introduced by: Representatives Venner, Abdallah, Boomgarden, Carson, Conzet, Deelstra, Elliott, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hubbel, Iron Cloud III, Jensen, Jones, Juhnke, Kloucek, Kopp, Liss, Miller, Munsterman, Novstrup (David), Olson (Betty), Perry, Rozum, Russell, Schaefer, Tornow, Tulson, Turbiville, Van Gerpen, White, and Willadsen and Senators Gray, Adelstein, Begalka, Brown, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, commending the 200^th Camo Quilt Project for their support of the 200^th Engineer Company of the South Dakota National Guard.

WHEREAS, the 200^th Camo Quilt Project is an all volunteer organization which has set a goal of making two hundred camouflage quilts for each of the service members from the three detachments of the 200^th Engineer Company of the South Dakota Army National Guard, based in Pierre, Chamberlain, and Mobridge; and

WHEREAS, the camouflage quilts are made from the same fabric as the uniforms of the service personnel, and are to be used by the service personnel during their deployment to the Middle East as a waterproof and multipurpose blanket; and

WHEREAS, the 200^th Camo Quilt Project is a volunteer organization run on donations alone, and has a goal of five thousand two hundred dollars raised to fund the project:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the South Dakota Legislature commends the 200^th Camo Quilt Project for their hard work and dedication to making the deployment of our service members safer.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:56 p.m. the House adjourned.

Karen Gerdes, Chief Clerk