House of Representatives Journal 2/23/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 23, 2011

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

The prayer was offered by the Chaplain, Pastor Jenny Hallenbeck, followed by the Pledge of Allegiance led by House pages Kia Miller and Ruth Trotter.

Roll Call: All members present except Rep. Elliott who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-fifth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 22, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 22, 2011, I approved House Bills 1005, 1006, 1023, 1024, 1029, and 1080, 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 State Affairs respectfully reports that it has had under consideration SB 142 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 2, 6, and 53 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 State Affairs respectfully reports that it has had under consideration SB 3, 84, and 88 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David Lust, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 24 and 94 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 23, 25, and 26 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Roger D. Solum, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 12, 13, 20, 32, and 36 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Roger W. Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 48, 77, 114, 124, 136, 140, 176, 187, 188, and 202 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

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

Rep. Dennert moved that the House do now reconsider the vote by which HB 1245 passed.

The question being on Rep. Dennert's motion to reconsider the vote by which HB 1245 passed.

And the roll being called:

Yeas 26, Nays 41, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Dennert; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Schrempp; Sigdestad; Street; Stricherz; Tornow; Tulson; White; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Haggar; Hansen (Jon); Hickey; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Sly; Solum; Steele; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; Willadsen; Wink; Speaker Rausch

Excused:
Elliott; Russell; Wick

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

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

No member moved to reconsider the vote by which HB 1252 lost.

HCR 1009: A CONCURRENT RESOLUTION, Urging the reinstatement and funding of federal inspection programs governing equine slaughter and processing facilities.

Rep. Kloucek moved that HCR 1009 as found on pages 462 to 464 of the House Journal be adopted.

The question being on Rep. Kloucek's motion that HCR 1009 be adopted.

And the roll being called:

Yeas 51, Nays 18, Excused 1, Absent 0

Yeas:
Blake; Boomgarden; Brunner; Cronin; Deelstra; Dennert; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Russell; Schaefer; Schrempp; Sigdestad; Sly; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Willadsen; Wismer

Nays:
Abdallah; Bolin; Carson; Conzet; Dryden; Gosch; Haggar; Iron Cloud III; Juhnke; Liss; Lust; Perry; Rozum; Solum; Van Gerpen; Wick; Wink; Speaker Rausch

Excused:
Elliott

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1009 was adopted.

HCR 1010 Introduced by: Representatives Kloucek, Blake, Bolin, Feinstein, Kirschman, Lucas, Nelson (Stace), Russell, Schaefer, Schrempp, Sigdestad, and Stricherz and Senators Nygaard, Bradford, Lederman, Maher, and Schlekeway

A CONCURRENT RESOLUTION, Recognizing the needs of certain veterans for state assistance.

WHEREAS, on a per capita basis, South Dakota ranks fourth in the nation in numbers of military personnel serving in Iraq and Afghanistan, based on regular military, reserve, and National Guard service; and

WHEREAS, South Dakotans have a long history of military service in time of war. These veterans, past and present, have brought honor to South Dakota through their service during times of national emergency and crisis; and

WHEREAS, despite their service and sacrifice, many veterans face financial difficulty on their return to the United States, particularly during times of state and national economic crisis and uncertainty; and

WHEREAS, in South Dakota there may be as many as one thousand veterans who are experiencing severe financial hardship with no coverage in the form of state veterans benefits to address their situation, no federal assistance other than food stamps, and no recourse other than to turn to family and friends for assistance; and

WHEREAS, a proposal by District 10 of the South Dakota Veterans of Foreign Wars to establish a state grant program for veterans facing severe financial distress deserves consideration; and

WHEREAS, the proposed grant program would entail a monthly payment of $300 to eligible veterans for an annual amount of $3,600. Strict eligibility standards would be established to preclude payment to persons with sufficient income sources. The program would be administered by the South Dakota Department of Veterans Affairs; and

WHEREAS, South Dakota's military service members and veterans continue to serve their state and nation with distinction and honor:

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 endorses the concept advanced by District 10 of the South Dakota Veterans of Foreign Wars to provide a state-run grant program to assist eligible veterans facing severe financial hardship.

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

HCR 1011 Introduced by: Representatives Jensen, Abdallah, Bolin, Boomgarden, Brunner, Cronin, Gosch, Greenfield, Haggar, Hansen (Jon), Hickey, Hubbel, Hunt, Kirkeby, Kopp, Liss, Lust, Miller, Munsterman, Nelson (Stace), Olson (Betty), Perry, Rausch, Romkema, Sly, Steele, Tornow, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, and White and Senators Holien and Maher

A CONCURRENT RESOLUTION, Expressing support for civic education in the public schools in South Dakota, and recognizing March 9, 2011, as Civic Education Day at the state capitol.

WHEREAS, civic education is the basis for the establishment of public education in this democracy and the foundation for an informed and educated citizenry; and

WHEREAS, the United States Constitution, the Declaration of Independence, the South Dakota Constitution, and other primary founding documents and speeches provide the structure for our democracy; and

WHEREAS, more than eighty thousand students in South Dakota have participated in civic education programs such as Kids Voting South Dakota, South Dakota Project Citizen, Representative Democracy in America, and We the People, and by participating, these students are more likely to become civically engaged adults; and

WHEREAS, the No Child Left Behind Act of 2001 recognizes continued civic education in schools, and specific civic education and research are key to increasing civic knowledge and engagement; and

WHEREAS, the Chiesman Foundation For Democracy, the South Dakota Humanities Council, and the Center for Civic Education support and make available civic education programs and activities for all South Dakota youth:

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 recognizes the importance of civic education and supports civic education in all public schools in South Dakota; and

BE IT FURTHER RESOLVED, that March 9, 2011, be recognized as Civic Education Day at the state capitol.

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

Appropriations on HB 1243 as found on page 458 of the House Journal; also

Agriculture and Natural Resources on SB 55 as found on page 459 of the House Journal; also

Health and Human Services on HB 1134 as found on pages 459 and 460 of the House Journal; also

Local Government on SB 96 as found on page 461 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 48: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consumption of distilled spirits in public and to provide certain penalties for consumption of alcoholic beverages.

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

SB 77: FOR AN ACT ENTITLED, An Act to require school boards to approve pick-up locations for any open enrolled students who are transported in their resident school districts by receiving school districts.

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

SB 114: FOR AN ACT ENTITLED, An Act to provide that parties to a divorce or separate maintenance action be restrained from making changes to insurance coverage.

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

SB 124: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

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

SB 136: FOR AN ACT ENTITLED, An Act to enhance certain provider services.

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

SB 140: FOR AN ACT ENTITLED, An Act to provide for access critical nursing facilities to ensure access to health care within a reasonable distance.

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

SB 176: FOR AN ACT ENTITLED, An Act to provide for the crime of human trafficking, to establish the elements and degrees of the crime, and to provide penalties for the violation thereof.

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

SB 187: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the dairy inspection fund.

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

SB 188: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility of National Guard members for certain graduate tuition reductions.

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

SB 202: FOR AN ACT ENTITLED, An Act to revise the State Workers' Compensation Advisory Council.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 1: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes related to natural resources.

Was read the second time.

The question being "Shall SB 1 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Elliott

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

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

Was read the second time.

The question being "Shall SB 59 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Elliott

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

SB 112: FOR AN ACT ENTITLED, An Act to repeal the provision that requires county treasurers to collect the oldest delinquent property tax first.

Was read the second time.

The question being "Shall SB 112 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Elliott

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

Rep. Stace Nelson moved that HB 1083 be amended as follows:

On page 1, line 11, of the House Education Committee engrossed bill, delete everything after "Regents" .

On page 1, delete line 12.

On page 1, line 13, delete "institution".

On page 2, line 2, overstrike "four" and insert "two".

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

The Speaker declared Rep. Nelson's motion prevailed.

The question being "Shall HB 1083 pass as amended?"

And the roll being called:

Yeas 29, Nays 40, Excused 1, Absent 0

Yeas:
Blake; Conzet; Feinstein; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Killer; Kloucek; Kopp; Liss; Miller; Nelson (Stace); Olson (Betty); Romkema; Russell; Schaefer; Steele; Stricherz; Tornow; Tulson; Van Gerpen; Venner; Verchio; Wick

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hunhoff (Bernie); Jones; Juhnke; Kirkeby; Kirschman; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Perry; Rozum; Schrempp; Sigdestad; Sly; Solum; Street; Turbiville; Vanneman; White; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott

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

HB 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.

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

Rep. Hoffman moved that HB 1203 be laid on the table.

The question being on Rep. Hoffman's motion that HB 1203 be laid on the table.

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; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; 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; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hansen (Jon); Kloucek

Excused:
Elliott

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1203 was tabled.

HB 1255: FOR AN ACT ENTITLED, An Act to provide for the award of joint physical custody of children under certain circumstances.

Was read the second time.

The question being "Shall HB 1255 pass as amended?"

And the roll being called:

Yeas 53, Nays 16, Excused 1, Absent 0

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

Nays:
Blake; Carson; Cronin; Fargen; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Kirschman; Lucas; Lust; Perry; Schrempp; Sigdestad; Street; Wismer

Excused:
Elliott

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

HB 1178: FOR AN ACT ENTITLED, An Act to restrict the entry of conservation officers onto certain private land without permission.

Was read the second time.

The question being "Shall HB 1178 pass?"

And the roll being called:

Yeas 21, Nays 48, Excused 1, Absent 0

Yeas:
Bolin; Brunner; Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel; Iron Cloud III; Jensen; Killer; Liss; Miller; Nelson (Stace); Olson (Betty); Russell; Schrempp; Steele; Tornow; Van Gerpen; Verchio; Wink

Nays:
Abdallah; Blake; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Jones; Juhnke; Kirkeby; Kirschman; Kloucek; Kopp; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Street; Stricherz; Tulson; Turbiville; Vanneman; Venner; White; Wick; Willadsen; Wismer; Speaker Rausch

Excused:
Elliott

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

HB 1240: FOR AN ACT ENTITLED, An Act to exempt certain sales of non-temperature-controlled baked goods from certain licensing requirements.

Was read the second time.

The question being "Shall HB 1240 pass as amended?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

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

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 1128: FOR AN ACT ENTITLED, An Act to modify the registration of certain anemometer towers used for wind energy testing purposes.

Was read the second time.

The question being "Shall HB 1128 pass as amended?"

And the roll being called:

Yeas 53, Nays 13, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Deelstra; Dennert; Dryden; Fargen; Feickert; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Tornow; Turbiville; Van Gerpen; Venner; White; Wink; Wismer; Speaker Rausch

Nays:
Conzet; Feinstein; Greenfield; Hoffman; Hubbel; Kirkeby; Olson (Betty); Stricherz; Tulson; Vanneman; Verchio; Wick; Willadsen

Excused:
Abdallah; Cronin; Elliott; Juhnke

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 1219: FOR AN ACT ENTITLED, An Act to extend certain protections against precipitous eviction to certain long-term tenants at will.

Was read the second time.

Rep. Stricherz moved that HB 1219 be amended as follows:

On page 1, after line 14 of the House Judiciary Committee engrossed bill, insert:

" For the purposes of this section, an immediate family member is a spouse or minor child.".

Which motion prevailed.

The question being "Shall HB 1219 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); 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; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Sigdestad; Verchio

Excused:
Abdallah; Elliott

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

HB 1242: FOR AN ACT ENTITLED, An Act to authorize the use of tribal identification cards as the equivalent of certain state-issued documents for identification purposes.

Was read the second time.

The question being "Shall HB 1242 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Elliott

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

HB 1244: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state.

Was read the second time.

Rep. Lust moved that HB 1244 be amended as follows:

On page 1, line 8, of the printed bill, after "safety" delete "shall" and insert "may" and after "auditor" delete "shall" and insert "may".

Which motion prevailed.

The question being "Shall HB 1244 pass as amended?"

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

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

Nays:
Abdallah; Cronin; Fargen; Feinstein

Excused:
Elliott

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.

Speaker Rausch now presiding.

HB 1243: 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 1243 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

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

Nays:
Cronin; Fargen; Feinstein

Excused:
Elliott

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

HB 1134: FOR AN ACT ENTITLED, An Act to provide for certain revisions to the medicaid program.

Was read the second time.

Rep. Munsterman moved that HB 1134 be laid on the table.

The question being on Rep. Munsterman's motion that HB 1134 be laid on the table.

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; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Greenfield; Kirkeby; Nelson (Stace); Steele; Venner

Excused:
Elliott

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1134 was tabled.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that SB 75, 39, 4, 27, 28, 38, 37, 99, 61, 62, 90, 106, 66, 95, 108, and 129 be deferred to Thursday, February 24^th, the 27^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1001 and 1015 were delivered to his Excellency, the Governor, for his approval at 9:47 a.m., February 23, 2011.

Respectfully submitted,
Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

SB 45: FOR AN ACT ENTITLED, An Act to repeal the requirement to prepare a report on extending health insurance to medically uninsurable individuals who are not part of a small employer group.

SB 70: FOR AN ACT ENTITLED, An Act to prohibit the creation of private transfer fee obligations and to require certain procedures for notice and disclosure for existing private transfer fee obligations.

SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to collateral real estate mortgages.

And signed the same in the presence of the House.

HC 1020 Introduced by: Representatives Solum, Abdallah, Blake, Boomgarden, Brunner, Carson, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jones, Juhnke, Killer, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Holien, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Sutton, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, commending and honoring David Linngren, a member of the Watertown School District Board of Education, on his selection as the

Associated School Boards of South Dakota Outstanding School Board Member of South Dakota for 2010; and

WHEREAS, David Linngren has served his community and the students of Watertown School District on the Board of Education for more than fifteen years; and

WHEREAS, David Linngren has earned the respect of his peers and colleagues as a dedicated and visionary education leader; and

WHEREAS, David Linngren has led the charge in supporting alternative education programs for students who struggle in traditional school settings; and

WHEREAS, David Linngren is dedicated to improving school achievement and truly believes that all students can and will learn; and

WHEREAS, David Linngren has been a champion to improving student access to technology to ensure students can compete in a global economy:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that during 2010 David Linngren of Watertown, South Dakota, is hereby an official representative of the state and shall continue in his efforts to seek improvement of the educational opportunities for the K-12 students of the state.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:35 p.m. the House adjourned.

Karen Gerdes, Chief Clerk