House of Representatives Journal 2/22/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 22, 2011

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

The prayer was offered by the Chaplain, Pastor Susan Carr, followed by the Pledge of Allegiance led by House pages Joanna Olson and Lauren Peiffer.

Roll Call: All members present except Rep. Hoffman 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-fourth 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.

The oath of office was administered by Speaker Rausch to the following named pages:

Dacey Beck, Deidre Beck, Joseph Drew, Brandon Fleming, Jancie Hager, Samuel Kueng, Rachel Mairose, Kia Miller, Joanna Olsen, Lauren Peiffer, Megan Pushor, Reid Rasmussen, Ruth Trotter, Hanna Werling.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1244 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 1243 and returns the same with the recommendation that said bill be amended as follows:

1243fa

On page 1, line 5, of the printed bill, overstrike "2011" and insert "2012".

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 1115 and 1250 which were tabled.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1213 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 1 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill be amended as follows:

55te

On page 1, line 10, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "be" insert "pursued by snowmobiles and".

55td

On page 1, line 14, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete everything after "section" .

On page 2, delete line 1.

On page 2, line 2, delete "this section".

And that as so amended said bill do pass.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

1134jc

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

" Section 1. For fiscal year 2012, each facility's reduction in Medicaid shall be based on the facility's reimbursement for fiscal year 2010 from Medicaid as follows:

(1) For any facility receiving more than eighty percent reimbursement from Medicaid, no reduction;

(2) For any facility receiving sixty-six percent to eighty percent reimbursement from Medicaid, one percent reduction;

(3) For any facility receiving sixty-three percent or more but less than sixty-six percent reimbursement from Medicaid, one and one half percent reduction;

(4) For any facility receiving sixty-one percent or more but less than sixty-three percent reimbursement from Medicaid, two percent reduction;

(5) For any facility receiving fifty-nine percent or more but less than sixty-one percent reimbursement from Medicaid, two and one half percent reduction;

(6) For any facility receiving fifty-seven percent or more but less than fifty-nine percent reimbursement from Medicaid, three percent reduction;

(7) For any facility receiving fifty-four percent or more but less than fifty-seven percent reimbursement from Medicaid, five percent reduction;

(8) For any facility receiving fifty-two percent or more but less than fifty-four percent reimbursement from Medicaid, seven percent reduction;

(9) For any facility receiving forty-nine percent or more but less than fifty-two percent reimbursement from Medicaid, nine percent reduction;

(10) For any facility receiving forty-four percent or more but less than forty-nine percent reimbursement from Medicaid, eleven percent reduction;

(11) For any facility receiving less than forty-four percent reimbursement from Medicaid, thirteen percent reduction.

Section 2. The provider fee schedule for Medicaid shall be based on a percentage of the amount listed in the Medicare physician fee schedule, the 2011 National Physician Fee Schedule Relative Value File, if the service is listed. If the service is not listed in the schedule, reimbursement shall be made according to a model based on reported costs."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1172 which was tabled.

Respectfully submitted,
Jamie Boomgarden, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 66, 95, 108, and 129 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 SB 59 and 112 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 Local Government respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill be amended as follows:

96fe

On page 1, line 14, of the Senate engrossed bill, delete everything after "~~subdivision~~" and insert ", but may not be rejected for recording unless the document is not sufficiently legible to reproduce a readable copy using the register of deed's current method of reproduction".

On page 1, line 15, delete everything before ";" .

On page 3, delete lines 9 to 12, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1057 and 1096 which have passed the Senate without change.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Greenfield moved that the House do not concur in Senate amendments to HB 1034 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Solum, Willadsen, and Hawley.

HCR 1009 Introduced by: Representatives Kloucek, Boomgarden, Brunner, Cronin, Deelstra, Dennert, Fargen, Feickert, Gibson, Hansen (Jon), Hawley, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Jones, Kirkeby, Kopp, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Olson (Betty), Rausch, Russell, Schaefer, Schrempp, Sigdestad, Sly, Steele, Street, Stricherz, Tulson, Turbiville, Vanneman, Verchio, White, and Wismer and Senators Maher, Begalka, Bradford, Brown, Frerichs, Fryslie, Garnos, Hundstad, Lederman, Nygaard, Olson (Russell), Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, and Tieszen

A CONCURRENT RESOLUTION, Urging the reinstatement and funding of federal inspection programs governing equine slaughter and processing facilities.

WHEREAS, the slaughter and processing of horses has become a controversial and contentious issue, which has resulted in the closing of the last horse processing and slaughter facilities in the United States; and

WHEREAS, thousands of unwanted horses annually are exposed to abandonment and neglect because of the cessation of horse slaughter in the United States. These additional abandoned horses compete for adoption with wild horses that are fed and sheltered at public expense. The nation's overburdened horse rescue facilities cannot absorb the influx of additional unwanted and abandoned horses that result from the cessation of equine slaughter, processing, and transport activity; and

WHEREAS, in 2005, Congress removed funding for USDA inspection programs for horse slaughter and processing intended for human consumption. These funding bans have continued for several years and have effectively prevented the operation of slaughter facilities; and

WHEREAS, federal dollars cannot be spent on salaries for inspectors who inspect horses before or after slaughter, making it impossible for processing operations to market horse meat. Inspectors cannot respond to voluntary or state fee-based inspection requests to inspect horse meat; and

WHEREAS, some states are investigating or have approved state processing of abandoned or estray horses. Given the current state of the horse processing industry, it is particularly important that the federal government not restrict access to inspection. Horse processing facilities cannot operate in the United States unless federal inspection for such facilities is funded and reinstated; and

WHEREAS, pending legislation in Congress, the Prevention of Equine Cruelty Act, would further restrict actions related to horse slaughter and horse processing, and would prohibit the transport and export of horses outside of the United States for the purpose of slaughter for human consumption; and

WHEREAS, if transport of horses to Mexico and Canada for slaughter and processing for human consumption is prohibited, the number of additional abandoned horses in the United States will increase even further; and

WHEREAS, the South Dakota Legislature in 2010 overwhelmingly adopted SCR 4, Opposing Certain Federal Legislation Related to Equine Slaughter and Processing and Urging the Reinstatement and Funding of Federal Inspection Programs Governing Equine Slaughter and Processing Facilities, and HCR 1003, Supporting the Reintroduction of Horse Slaughter and Processing operations in the United States. In 2009, the Legislature overwhelmingly approved SCR 2, Urging the Reinstatement and Funding of a Federal Inspection Program Governing Horse Slaughter and Euthanasia Facilities, and SCR 10, Supporting Legislative Efforts in Other States Addressing the Need to Provide for Equine Slaughter and Processing in the United States; and

WHEREAS, a number of states, including Arkansas, Arizona, Idaho, Illinois, Kansas, Kentucky, Minnesota, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Utah, and Wyoming, have introduced bills and resolutions opposing efforts to restrict the marketing, transport, processing, or export of horses; recognizing the need for humane horse processing facilities in the United States; and supporting state efforts to establish facilities in the United States; and

WHEREAS, such diverse organizations as the Midwestern Legislative Conference of the Council of State Governments, the National Conference of State Legislatures, and the National Congress of American Indians adopted resolutions and policy in support of horse processing and related activities in the United States; and

WHEREAS, there is a critical need for humane horse processing facilities in the United States to reduce the suffering inflicted on unwanted and abandoned horses and to meet overseas export markets for horsemeat in a humane manner:

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 urges the Congress and the United States Department of Agriculture to reinstate and fully fund USDA's inspection program for equine euthanasia, slaughter, and processing facilities and to enact legislation to facilitate the resumption of equine processing and slaughter in the United States.

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

Rep. Feinstein moved that the Committee on Health and Human Services be instructed to deliver HB 1254 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1240 as found on pages 438 and 439 of the House Journal; also

Taxation on HB 1128 as found on pages 440 and 441 of the House Journal; also

Judiciary on HB 1219 as found on page 442 of the House Journal; also

Judiciary on HB 1242 as found on page 442 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 75: FOR AN ACT ENTITLED, An Act to revise the requirements for the annual conference held for the directors of equalization.

Was read the second time.

Rep. Tornow requested that SB 75 be removed from the Consent Calendar.

Which request was granted.

SB 40: FOR AN ACT ENTITLED, An Act to provide that the uniform administration of certain state taxes apply to the telecommunications gross receipts tax and to limit the application of the uniform administration of certain state taxes.

Was read the second time.

The question being "Shall SB 40 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; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; 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:
Hoffman

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 1217 be placed to follow HB 1079 on today's calendar.

Which motion prevailed.

HB 1155: FOR AN ACT ENTITLED, An Act to revise various trust provisions.

Was read the second time.

The question being "Shall HB 1155 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

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

Nays:
Fargen

Excused:
Hoffman

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 1179: FOR AN ACT ENTITLED, An Act to permit local political subdivisions with volunteer advanced life support personnel to establish deferred compensation plans.

Was read the second time.

The question being "Shall HB 1179 pass?"

And the roll being called:

Yeas 48, Nays 21, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Romkema; Rozum; Schrempp; Sigdestad; Sly; Steele; Street; Tulson; Turbiville; Van Gerpen; Vanneman; White; Willadsen; Wismer; Speaker Rausch

Nays:
Brunner; Carson; Conzet; Gosch; Greenfield; Haggar; Jensen; Juhnke; Liss; Novstrup (David); Olson (Betty); Perry; Russell; Schaefer; Solum; Stricherz; Tornow; Venner; Verchio; Wick; Wink

Excused:
Hoffman

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

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

1245ba

Rep. Dennert moved that HB 1245 be amended as follows:

On page 1, line 5, of the printed bill, overstrike "state,".

On page 1, line 7, overstrike "state,".

Which motion lost.

The question being "Shall HB 1245 pass?"

And the roll being called:

Yeas 36, Nays 33, Excused 1, Absent 0

Yeas:
Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Haggar; Hansen (Jon); Hickey; Hunt; Jensen; Juhnke; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Olson (Betty); Romkema; Russell; Schaefer; Sly; Solum; Stricherz; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Abdallah; Blake; Brunner; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Nelson (Stace); Novstrup (David); Perry; Rozum; Schrempp; Sigdestad; Steele; Street; Tornow; Tulson; White; Wismer

Excused:
Hoffman

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. Dennert announced his intention to reconsider the vote by which HB 1245 passed.

HB 1208: FOR AN ACT ENTITLED, An Act to repeal certain education mandates to enable the public school system to operate more economically.

Was read the second time.

1208cb

Rep. Gosch moved that HB 1208 be amended as follows:

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

" Section 1. That § 13-10-12 be amended to read as follows:

13-10-12. Each person over eighteen years of age hired by a school district shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The school district shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The employing school district may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. ~~However, the school board or governing body may reimburse the person for the fees.~~ Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school district is not required to submit to a criminal background investigation as required in this section. In addition, any person employed by a postsecondary technical institute is not required to submit to a criminal background investigation as required in this section, unless the person is a teacher who teaches an elementary or secondary level course in an elementary or secondary school facility, or unless the person is an employee, other than a teacher, whose work assignment includes working in an elementary or secondary school facility.

The criminal investigation required by this section with respect to a student teacher completing requirements for teacher certification shall be conducted by the school district. A criminal background investigation, of a student teacher, conducted by a school district may be provided to any other school in which the student engages in student teaching. The school district conducting the criminal background investigation of a student teacher may rely upon the results of that investigation for employment of that person as an employee of the district.

Section 2. That ARSD 24:06:08:01 be repealed.

24:06:08:01. Training of school bus drivers and bus attendants. School bus operators must provide annual training for school bus drivers in accordance with the section entitled "Driver" pages 121 to 124 and the section entitled "Bus Attendant" pages 124 and 125, in the National

~~School Transportation Specifications & Procedures, 2005 Revised Edition. In addition, the following provisions apply:~~

(1) The State approved pre-service training program shall include a minimum of two hours of classroom training, which will include knowledge of basic first aid procedures, and two hours of behind-the-wheel training to enable safe and efficient vehicle operation;

~~(2) The annual State approved in-service program shall include a minimum of four hours of~~ ~~classroom and/or behind-the-wheel training.~~

Section 3. That chapter 13-29 be amended by adding thereto a NEW SECTION to read as follows:

Each school bus driver shall receive appropriate training at least once every five years, and the school bus driver shall pay any fees charged for the training. The training shall include classroom instruction in first aid, bus safety, and the management of passengers, and also behind-the-wheel training to enable the safe and efficient operation of the bus.

Section 4. That chapter 13-1 be amended by adding thereto a NEW SECTION to read as follows:

It is the policy of the State of South Dakota that the parent or guardian of any student enrolled in a public school may opt to receive any notifications or correspondence from that school by electronic mail in lieu of regular mail if the parent or guardian provides to the school an electronic mail address to which the notifications or correspondence may be sent."

Which motion prevailed.

1208cc

Rep. Kloucek moved that HB 1208 be further amended as follows:

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

" Section 1. There is hereby appropriated from the general fund the sum of two hundred seventy thousand dollars ($270,000), or so much thereof as may be necessary, to the Department of Education to reimburse public school teachers for any application and processing fees for the National Board for Professional Teaching Standards certification process paid in fiscal year 2010, 2011, or 2012, and to provide stipends in accordance with § 13-42-26 to certain teachers who are nationally certified for fiscal year 2012 and also for the two prior fiscal years.

Section 2. The secretary of education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2012, shall revert in accordance with the procedures prescribed in chapter 4-8."

Which motion lost.

The question being "Shall HB 1208 pass as amended?"

And the roll being called:

Yeas 51, Nays 18, Excused 1, Absent 0

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

Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Russell; Schrempp; Sigdestad; Wismer

Excused:
Hoffman

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

1208ctb

Rep. Gosch moved that the title to HB 1208 be amended as follows:

On page 1, line 2, of the printed bill, after "economically" insert ", and to allow parents the option to receive certain notices from public schools via electronic mail".

Which motion prevailed and the title was so amended.

HB 1110: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

Was read the second time.

The question being "Shall HB 1110 pass?"

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden; Elliott; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; 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:
Cronin; Fargen; Feinstein; Gibson; Hubbel; Nelson (Stace); Russell

Excused:
Hoffman

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 1157: FOR AN ACT ENTITLED, An Act to revise the rate of the insurance company premium and annuity taxes applied to court appearance bonds and to establish an annual fee for certificate of authority for domestic insurers issuing court appearance bonds.

Was read the second time.

The question being "Shall HB 1157 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Hoffman

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 1104: FOR AN ACT ENTITLED, An Act to revise the deadline for withdrawing from a primary election.

Was read the second time.

The question being "Shall HB 1104 pass as amended?"

And the roll being called:

Yeas 57, Nays 12, Excused 1, Absent 0

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

Nays:
Boomgarden; Brunner; Greenfield; Hubbel; Jensen; Kopp; Lucas; Steele; Street; Venner; Verchio; Wismer

Excused:
Hoffman

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 1252: FOR AN ACT ENTITLED, An Act to grant certain authority to municipalities and counties regarding outdoor advertising structures.

Was read the second time.

1252fc

Rep. Venner moved that HB 1252 be amended as follows:

On page 1, line 7, of the House Local Government Committee engrossed bill, delete "other".

On page 1, line 8, overstrike "such" and insert "other".

Which motion prevailed.

The question being "Shall HB 1252 pass as amended?"

And the roll being called:

Yeas 35, Nays 34, Excused 1, Absent 0

Yeas:
Brunner; Conzet; Cronin; Dryden; Fargen; Gibson; Gosch; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kloucek; Kopp; Lucas; Lust; Miller; Moser; Munsterman; Olson (Betty); Perry; Romkema; Schaefer; Schrempp; Sigdestad; Sly; Stricherz; Van Gerpen; Venner; Verchio; White; Wink; Wismer

Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Deelstra; Dennert; Elliott; Feickert; Feinstein; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hubbel; Hunt; Kirschman; Liss; Magstadt; Nelson (Stace); Novstrup (David); Rozum; Russell; Solum; Steele; Street; Tornow; Tulson; Turbiville; Vanneman; Wick; Willadsen; Speaker Rausch

Excused:
Hoffman

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

Rep. Kirkeby announced his intention to reconsider the vote by which HB 1252 lost.

HB 1229: FOR AN ACT ENTITLED, An Act to repeal the requirement for a school district with an enrollment of one hundred or fewer students to reorganize.

Was read the second time.

The question being "Shall HB 1229 pass?"

And the roll being called:

Yeas 57, Nays 12, Excused 1, Absent 0

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

Nays:
Bolin; Brunner; Dryden; Juhnke; Kirkeby; Lust; Miller; Romkema; Sly; Solum; Turbiville; Wick

Excused:
Hoffman

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 1113: FOR AN ACT ENTITLED, An Act to affect medical services.

Was read the second time.

The question being "Shall HB 1113 pass?"

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dryden; Fargen; Feickert; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hubbel; Hunt; Jensen; Kirkeby; 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:
Blake; Carson; Dennert; Elliott; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Jones; Juhnke; Killer; Kirschman; Kloucek; Lucas; Schrempp

Excused:
Hoffman

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 1079: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the purchase of firearms by out-of-state residents.

Was read the second time.

The question being "Shall HB 1079 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Hoffman

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 1217: FOR AN ACT ENTITLED, An Act to establish certain legislative findings pertaining to the decision of a pregnant mother considering termination of her relationship with her child by an abortion, to establish certain procedures to better insure that such decisions are voluntary, uncoerced, and informed, and to revise certain causes of action for professional negligence relating to performance of an abortion.

Was read the second time.

1217rd

Rep. Greenfield moved that HB 1217 be amended as follows:

On page 9, line 12, of the House Judiciary Committee engrossed bill, after "with" insert "legal".

On page 9, line 13, after "with" insert "legal".

On page 9, line 14, delete "any" insert "the English language, after 1972, in at least one".

On page 9, line 15, delete "journals" and insert "journal".

On page 9, line 17, delete everything after "in" and insert "at least one peer-reviewed journal indexed by any search service maintained by the American Psychological Association (PsycINFO, or any replacement service)".

On page 9, line 18, delete everything before "and" .

On page 9, line 22, after "with" insert "legal".

On page 9, line 24, after "with" insert "legal".

On page 10, line 1, delete everything after "in" and insert "the English language, after 1972, in at least one peer-reviewed journal".

On page 10, line 4, delete everything after "or in" and insert "at least one peer-reviewed journal indexed by any search service maintained by the American Psychological Association (PsycINFO, or any replacement service)".

On page 10, line 5, delete everything before "and" .

Which motion prevailed.

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall HB 1217 pass as amended?"

And the roll being called:

Yeas 49, Nays 19, Excused 2, Absent 0

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

Nays:
Blake; Boomgarden; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones; Killer; Lucas; Perry; Romkema; Sigdestad; Street; Wismer

Excused:
Abdallah; Hoffman

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 1093: FOR AN ACT ENTITLED, An Act to 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.

Was read the second time.

1093cb

Rep. Munsterman moved that HB 1093 be amended as follows:

On the House Education Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 13-51 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any other provision of law, the Board of Regents shall have the exclusive authority to supervise the construction of any maintenance and repair projects that have a value of less than fifty thousand dollars.

Section 2. That chapter 13-49 be amended by adding thereto a NEW SECTION to read as follows:

If cost savings result, the Board of Regents may contract for all information processing or telecommunications equipment, systems, services, or carriage required to meet the governance, administrative, education, or research needs of the institutions it governs. However, when selecting information processing equipment, systems, or services for administrative use, the board shall ensure that the technology used by the Board of Regents and the institutions it governs interfaces with the information processing equipment, systems, or services used for administrative purposes by agencies in the executive branch of state government."

Which motion prevailed.

1093xa

Rep. Tornow moved that HB 1093 be further amended as follows:

On the previously adopted amendment (1093cb), delete Section 2.

Which motion prevailed.

The question being "Shall HB 1093 pass as amended?"

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Conzet; Deelstra; Dennert; Elliott; Fargen; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Van Gerpen; Vanneman; Venner; Willadsen; Wismer

Nays:
Blake; Bolin; Carson; Cronin; Dryden; Feickert; Feinstein; Gibson; Jones; Juhnke; Killer; Lucas; Nelson (Stace); Olson (Betty); Romkema; Russell; Steele; Turbiville; Verchio; White; Wick; Wink; Speaker Rausch

Excused:
Abdallah; Hoffman

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

1093ctb

Rep. Munsterman moved that the title to HB 1093 be amended as follows:

On page 1, line 2, of the printed bill, delete "postsecondary technical institutes and the".

Which motion prevailed and the title was so amended.

HB 1231: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate, to appropriate the proceeds to the revolving economic development and initiative fund, and to revise certain provisions relating to the sale of certain surplus property.

Was read the second time.

The question being "Shall HB 1231 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; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Elliott; Iron Cloud III; Kloucek; Schrempp; Sigdestad

Excused:
Hoffman

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 1232: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate, to provide for the deposit of the proceeds, and to revise certain provisions relating to the sale of certain surplus property.

Was read the second time.

The question being "Shall HB 1232 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; 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; 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; Schrempp

Excused:
Hoffman

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 1236: FOR AN ACT ENTITLED, An Act to provide for a temporary decrease of legislator salaries.

Was read the second time.

1236ob

Rep. Greenfield moved that HB 1236 be amended as follows:

On page 1, line 4, of the House State Affairs Committee engrossed bill, delete "five thousand four" and insert "three thousand".

On page 1, line 5, delete "hundred".

A roll call vote was requested and supported.

The question being on Rep. Greenfield's motion that HB 1236 be amended.

And the roll being called:

Yeas 16, Nays 52, Excused 2, Absent 0

Yeas:
Bolin; Carson; Gosch; Greenfield; Iron Cloud III; Jensen; Kopp; Liss; Nelson (Stace); Olson (Betty); Rozum; Russell; Tulson; Van Gerpen; Venner; Verchio

Nays:
Blake; Boomgarden; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Haggar; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Turbiville; Vanneman; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Abdallah; Hoffman

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

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall HB 1236 pass as amended?"

And the roll being called:

Yeas 42, Nays 26, Excused 2, Absent 0

Yeas:
Abdallah; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Feinstein; Haggar; Hansen (Jon); Hickey; Hunhoff (Bernie); Iron Cloud III; Jones; Juhnke; Kloucek; Lucas; Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Olson (Betty); Rozum; Russell; Schaefer; Schrempp; Sly; Solum; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Bolin; Brunner; Dryden; Elliott; Fargen; Feickert; Gosch; Greenfield; Hawley; Hubbel; Hunt; Jensen; Killer; Kirkeby; Kirschman; Kopp; Liss; Miller; Novstrup (David); Perry; Romkema; Sigdestad; Steele; Street; Wismer

Excused:
Gibson; Hoffman

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

HB 1194: FOR AN ACT ENTITLED, An Act to require the state investment council to create an exempt nonprofit corporation to administer the South Dakota endowment fund.

Was read the second time.

1194jc

Rep. Wick moved that HB 1194 be amended as follows:

On the House Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. The State of South Dakota endowment fund may be established within the South Dakota Community Foundation. 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. This fund shall be administered by the South Dakota Community Foundation. Any funds received by the state from the State of South Dakota endowment fund shall be appropriated by the South Dakota Legislature."

Which motion prevailed.

The question being "Shall HB 1194 pass as amended?"

And the roll being called:

Yeas 58, Nays 10, Excused 2, Absent 0

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

Nays:
Blake; Elliott; Gibson; Iron Cloud III; Jones; Kloucek; Lucas; Schrempp; Street; Wismer

Excused:
Hoffman; Solum

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

The question being on the title.

1194jta

Rep. Wick moved that the title to HB 1194 be amended as follows:

On page 1 of the House Appropriations Committee engrossed bill, line 1, delete everything after "to" and insert "establish the State of South Dakota endowment fund.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

Rep. Lust moved that the balance of the calendar including HB 1255 and 1178 and SB 39, 4, 27, 28, 38, 37, 99, 61, 62, and 90 be deferred to Wednesday, February 23^rd, the 26^th legislative day.

Which motion prevailed.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Tom Nelson, Peters, and Buhl as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1034.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1022 was delivered to his Excellency, the Governor, for his approval at 10:12 a.m., February 22, 2011.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1057 and 1096 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1057: FOR AN ACT ENTITLED, An Act to repeal the provision that requires the county auditor to assist in locating unregistered mobile homes.

HB 1096: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the appointment of municipal officers.

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

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.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1019 Introduced by: Representatives Nelson (Stace), Abdallah, Bolin, Boomgarden, Brunner, Carson, Deelstra, Elliott, Fargen, Feickert, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Iron Cloud III, Jensen, Jones, Juhnke, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Magstadt, Miller, Moser, Munsterman, Novstrup (David), Olson (Betty), Perry, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Venner, Verchio, Wick, Willadsen, and Wismer and Senators Rave, Adelstein, Begalka, Bradford, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rhoden, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking the 2010 retirees of the South Dakota Highway Patrol.

WHEREAS, Colonel Dan Mosteller, Captain Pat Fahey, First Sergeant Kevin Schurch, Sergeant Don Allen, Sergeant Chris Forster, Sergeant Durk Jamison, Sergeant Brandon

Marineau, and Sergeant Tony Melarango of the South Dakota Highway Patrol all retired in 2010; and

WHEREAS, their individual retirements culminate decades of personal, selfless sacrifice and service in the face of ever present danger and hardships while serving the people of South Dakota; and the combined service of these distinguished Highway Patrolmen reflects hundreds of years of dedicated service to the people of South Dakota; and

WHEREAS, the actions and performance of each of these individuals were instrumental in establishing, maintaining, and in keeping with the highest traditions of the troopers of the South Dakota Highway Patrol; and

WHEREAS, the South Dakota Highway Patrol police service dogs, Keya and Karla, are also recognized in their retirement, and are commended for their faithful service to the people of South Dakota, as well as for their zealous support of the troopers and all South Dakota law enforcement:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature commends the 2010 retirees of the South Dakota Highway Patrol, and thanks them for their outstanding service to the State of South Dakota, and extends best wishes for their continued success, happiness, and safety.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 5:25 p.m. the House adjourned.

Karen Gerdes, Chief Clerk