House of Representatives Journal 2/28/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 28, 2011

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

The prayer was offered by the Chaplain, Karl Kroger, followed by the Pledge of Allegiance led by House page Brandon Fleming.

Roll Call: All members present except Reps. Feickert and Jon Hansen 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-eighth 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.

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1034 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the printed version.

Respectfully submitted,    Respectfully submitted,
Roger Solum    Tom Nelson
House Committee Chair    Senate Committee Chair

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 77 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 5, of the Senate engrossed bill, delete "of students by a school district" and insert "agreements among school districts".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 187, 188, and 190 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the Senate engrossed bill, remove the overstrikes from "~~kindergarten through~~".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 191 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 2, of the Senate engrossed bill, after "refund" insert "during an annual enrollment period".

On page 3, after line 7, insert:

" Section 7. That section 5 of chapter 140 of the 2009 Session Laws be amended to read as follows:

Section 5. ~~Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.~~ The provisions of § 4-8-21 do not apply to the moneys appropriated by section 3 of this Act.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 124 and 133 which were tabled.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 114 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 SB 33 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 14, of the Senate engrossed bill, delete "or" and insert "and".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 173 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, after "maturity" delete ",".

And that as so amended said bill do pass.

Respectfully submitted,
Brian G. Gosch, Vice Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 57, ~~76,~~ 121, and 123 and returns the same with the recommendation that said bills do pass. (Journal correction: See page 565 of the House Journal.)

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 64 and 125 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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1058 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1009 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Kirkeby moved that the House do concur in Senate amendments to HB 1118.

The question being on Rep. Kirkeby's motion that the House do concur in Senate amendments to HB 1118.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

HCR 1013: A CONCURRENT RESOLUTION, Recognizing March 2, 2011, as Law Enforcement Appreciation Day in South Dakota.

Rep. Stace Nelson moved that HCR 1013 as found on page 531 of the House Journal be adopted.

The question being on Rep. Nelson's motion that HCR 1013 be adopted.

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; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; 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:
Feickert; Hansen (Jon)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 35 as found on page 529 of the House Journal; also

Judiciary on SB 80 as found on page 530 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district unreserved fund balances.

Was read the second time.

Rep. Bolin requested that SB 8 be removed from the Consent Calendar.

Which request was granted.

SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning special alcoholic beverage licenses issued in conjunction with special events.

Was read the second time.

Rep. Iron Cloud III requested that SB 103 be removed from the Consent Calendar.

Which request was granted.

SB 46: FOR AN ACT ENTITLED, An Act to provide that the state treasurer shall receive certain cost penalties in certain alcoholic beverage cases.

Was read the second time.

The question being "Shall SB 46 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Nays:
Liss

Excused:
Feickert; Hansen (Jon)

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 119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to sureties for water user district treasurers.

Was read the second time.

The question being "Shall SB 119 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Nays:
Liss

Excused:
Feickert; Hansen (Jon)

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 34: FOR AN ACT ENTITLED, An Act to create the crime of possessing, selling, or distributing certain substances intended for the purpose of intoxication.

Was read the second time.

The question being "Shall SB 34 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

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

Nays:
Liss

Excused:
Feickert; Hansen (Jon)

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 SENATE BILLS AND JOINT RESOLUTIONS

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

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

Rep. Rozum moved that SB 99 be placed to follow SB 101 on today's calendar.

Which motion prevailed.

SB 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from snowmobiles.

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

Rep. Greenfield moved that SB 55 be amended as follows:

On page 1, line 10, of the House Agriculture and Natural Resources Committee engrossed bill, delete "pursued by snowmobiles and".

Which motion prevailed.

The question being "Shall SB 55 pass as amended?"

And the roll being called:

Yeas 47, Nays 21, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Conzet; Cronin; Dennert; Gosch; Greenfield; Haggar; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lust; Magstadt; Miller; Munsterman; Nelson (Stace); Olson (Betty); Romkema; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Tornow; Van Gerpen; Vanneman; Venner; Verchio; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Abdallah; Blake; Carson; Deelstra; Dryden; Elliott; Fargen; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Lucas; Moser; Novstrup (David); Perry; Rozum; Stricherz; Tulson; Turbiville; White; Wismer

Excused:
Feickert; Hansen (Jon)

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 94: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to building energy codes.

Was read the second time.

The question being "Shall SB 94 pass?"

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gibson; Gosch; Haggar; Hawley; Hickey; Hoffman; 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; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Greenfield; Hubbel; Nelson (Stace); Russell; Verchio

Excused:
Feickert; Hansen (Jon)

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 12: FOR AN ACT ENTITLED, An Act to provide for a Visitation Grant Advisory Group.

Was read the second time.

The question being "Shall SB 12 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; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; 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; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Nelson (Stace); Tornow

Excused:
Feickert; Hansen (Jon)

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 13: FOR AN ACT ENTITLED, An Act to revise certain evidentiary rules relating to the statements of children.

Was read the second time.

The question being "Shall SB 13 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Feickert; Hansen (Jon)

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 20: FOR AN ACT ENTITLED, An Act to remove the requirement of a prior felony conviction for a fourth and subsequent driving under the influence offenses.

Was read the second time.

The question being "Shall SB 20 pass?"

And the roll being called:

Yeas 59, Nays 9, Excused 2, Absent 0

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

Nays:
Fargen; Feinstein; Gosch; Hoffman; Hunhoff (Bernie); Killer; Stricherz; Venner; Speaker Rausch

Excused:
Feickert; Hansen (Jon)

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 32: FOR AN ACT ENTITLED, An Act to revise the time period to update certain sex offender registration information and to require the collection of passport and professional license information for such registration purposes.

Was read the second time.

The question being "Shall SB 32 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Feickert; Hansen (Jon)

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 36: FOR AN ACT ENTITLED, An Act to add a tribal member who is a certified law enforcement officer to the Law Enforcement Officers Standards Commission.

Was read the second time.

The question being "Shall SB 36 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; 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; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Tornow

Excused:
Feickert; Hansen (Jon)

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 22: FOR AN ACT ENTITLED, An Act to provide for the regulation and licensure of birth centers.

Was read the second time.

The question being "Shall SB 22 pass?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; 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; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Conzet; Tornow; Verchio

Excused:
Abdallah; Feickert; Hansen (Jon)

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 Pro tempore Gosch now presiding.

SB 139: FOR AN ACT ENTITLED, An Act to exempt from state regulation certain medical foster home care for veterans.

Was read the second time.

The question being "Shall SB 139 pass as amended?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; 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

Excused:
Abdallah; Feickert; Hansen (Jon); Speaker Rausch

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

Was read the second time.

Rep. Sly moved that SB 151 be deferred to Wednesday, March 2^nd, the 31^st legislative day.

Which motion prevailed.

SB 7: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall SB 7 pass?"

And the roll being called:

Yeas 31, Nays 37, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Carson; Conzet; Cronin; Dennert; Dryden; Elliott; Fargen; Gosch; Hawley; Hunhoff (Bernie); Juhnke; Killer; Lust; Magstadt; Moser; Novstrup (David); Perry; Romkema; Sigdestad; Solum; Street; Stricherz; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Blake; Brunner; Deelstra; Feinstein; Gibson; Greenfield; Haggar; Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Miller; Munsterman; Nelson (Stace); Olson (Betty); Rozum; Russell; Schaefer; Schrempp; Sly; Steele; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio

Excused:
Feickert; Hansen (Jon)

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

SB 10: FOR AN ACT ENTITLED, An Act to appropriate certain funds for the construction of a new dairy manufacturing plant at South Dakota State University and to declare an emergency.

Was read the second time.

The question being "Shall SB 10 pass?"

And the roll being called:

Yeas 58, Nays 10, Excused 2, Absent 0

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

Nays:
Hubbel; Jensen; Kopp; Miller; Nelson (Stace); Olson (Betty); Russell; Steele; Venner; Verchio

Excused:
Feickert; Hansen (Jon)

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.

SB 11: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources fund to the State Conservation Commission and to declare an emergency.

Was read the second time.

The question being "Shall SB 11 pass?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; 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; Novstrup (David); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Nelson (Stace); Olson (Betty); Tornow

Excused:
Feickert; Hansen (Jon)

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.

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a previous appropriation for renovation of the nursing care building on the South Dakota Veterans' Home campus and to declare an emergency.

Was read the second time.

The question being "Shall SB 51 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Feickert; Hansen (Jon)

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.

SB 52: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Military and Veterans Affairs to provide for the design, construction, and equipping of the veterans home near Hot Springs and to declare an emergency.

Was read the second time.

The question being "Shall SB 52 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; 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; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Steele

Excused:
Feickert; Hansen (Jon)

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.

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

Was read the second time.

The question being "Shall SB 153 pass as amended?"

And the roll being called:

Yeas 31, Nays 37, Excused 2, Absent 0

Yeas:
Bolin; Carson; Conzet; Dennert; Dryden; Elliott; Gosch; Greenfield; Hickey; Hoffman; Hunhoff (Bernie); Jensen; Killer; Kirkeby; Liss; Lust; Miller; Munsterman; Nelson (Stace); Novstrup (David); Rozum; Sigdestad; Street; Stricherz; Tulson; Van Gerpen; Venner; Verchio; Willadsen; Wink; Speaker Rausch

Nays:
Abdallah; Blake; Boomgarden; Brunner; Cronin; Deelstra; Fargen; Feinstein; Gibson; Haggar; Hawley; Hubbel; Hunt; Iron Cloud III; Jones; Juhnke; Kirschman; Kloucek; Kopp; Lucas; Magstadt; Moser; Olson (Betty); Perry; Romkema; Russell; Schaefer; Schrempp; Sly; Solum; Steele; Tornow; Turbiville; Vanneman; White; Wick; Wismer

Excused:
Feickert; Hansen (Jon)

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

SB 67: FOR AN ACT ENTITLED, An Act to reduce the minimum size for improvement districts.

Was read the second time.

The question being "Shall SB 67 pass?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; 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; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Kloucek; Russell; Verchio

Excused:
Feickert; Hansen (Jon)

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 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to county veterans memorials.

Was read the second time.

The question being "Shall SB 69 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Feickert; Hansen (Jon)

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 89: FOR AN ACT ENTITLED, An Act to clarify a municipality's ability to assess a fee for street maintenance.

Was read the second time.

The question being "Shall SB 89 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Feickert; Hansen (Jon)

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 98: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the employment of a city manager and to declare an emergency.

Was read the second time.

The question being "Shall SB 98 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gibson; Gosch; Greenfield; Haggar; 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; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Conzet; Stricherz; Tornow

Excused:
Feickert; Hansen (Jon)

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.

SB 113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice requirements for changes in zoning requested by landowners.

Was read the second time.

Rep. Lust moved that SB 113, 120, 122, 130, 147, 146, 68, 111, 168, 184, 186, 189, 192, 43, 93, 109, 158, 81, 101, and 99 be deferred to Tuesday, March 1^st, the 30^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 concurred in House amendments to SB 39.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1057 and 1096 were delivered to his Excellency, the Governor, for his approval at 9:05 a.m., February 28, 2011.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1058 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1058: FOR AN ACT ENTITLED, An Act to clarify the definition of motor vehicle for the purpose of supplemental automobile liability insurance.

SB 2: FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain provisions related to the Bureau of Administration.

SB 4: FOR AN ACT ENTITLED, An Act to update certain standards governing pedestrian control signals.

SB 6: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Sisseton National Guard Armory to the city of Sisseton.

SB 23: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspection.

SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of funds in the telephone solicitation account.

SB 26: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the implementation of a proposed rate or practice by a gas or electric public utility.

SB 27: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the State Electrical Commission.

SB 28: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authority of the secretary of transportation to create limited speed zones through highway work areas and to declare an emergency.

SB 37: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

SB 38: FOR AN ACT ENTITLED, An Act to establish network adequacy standards, quality assessment and improvement requirements, utilization review and benefit determination requirements, and grievance procedures for managed health care plans, and to repeal certain standards for managed health care plans.

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the Veterans Commission and to veterans' rights, benefits, and services.

SB 61: FOR AN ACT ENTITLED, An Act to authorize board members of sanitary districts to contract with the districts in limited cases.

SB 62: FOR AN ACT ENTITLED, An Act to revise procedures and amounts relating to compensation and expense reimbursement for sanitary district board members.

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

SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incremental districts.

SB 106: FOR AN ACT ENTITLED, An Act to provide for reciprocal nonresident trapping licenses.

And signed the same in the presence of the House.

HC 1022 Introduced by: Representatives Greenfield, Blake, Bolin, Boomgarden, Brunner, Carson, Cronin, Deelstra, Dennert, Dryden, Elliott, 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, Kopp, Liss, Lucas, Lust, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Schlekeway, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup

(Al), Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring the South Dakota Health Care Association on the occasion of its sixtieth anniversary.

WHEREAS, the South Dakota Health Care Association remains committed to supporting long-term care providers in providing the finest care possible for South Dakota's elderly and disabled residents; and

WHEREAS, South Dakotans must always remember that there are many citizens who are in or are entering the most vulnerable period of their lives, and these men, women, and children of different ages and disabilities need long-term care services to continue to live the most meaningful lives possible; and

WHEREAS, the South Dakota Health Care Association, in observance of its sixtieth anniversary, continues the important tradition of educating individuals, families, and community leaders of the importance of talking about and planning for long-term care services so that we can better help South Dakota's elderly and persons with disabilities live productive and active lives; and

WHEREAS, this year's South Dakota Health Care Association's board of directors are president Linda Studer, Sioux Falls; president-elect Loren Diekman, Watertown; secretary LaVonne Furman, Britton; treasurer Joan Raap, Salem; non-proprietary independent representative Dennis Sever, Sioux Falls; proprietary independent representative Tina Muller, Rosholt; non-proprietary multi-facility representative Myron Moore, Sioux Falls; proprietary multi-facility representative Pam Wells, Lake Andes; assisted living representative Carol Christensen, Rapid City; and immediate past president Clint Graybill, Sioux Falls:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature congratulates the South Dakota Health Care Association on sixty years of service on behalf of South Dakota's elderly and disabled citizens.

HC 1023 Introduced by: Representatives Fargen, Abdallah, Blake, Bolin, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Olson (Russell), Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg, Rave, Rhoden, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the Flandreau Fliers High School Football Team, its coaches, and student managers for their 2010 South Dakota State 11B Championship season.

WHEREAS, the members of the 2010 State 11B Championship team, who displayed remarkable teamwork all season with their go-getting offense and resilient defense are: Mitchel Foster, Luke Gassman, Carter Ahlers, Jace Christiansen, Jacob Patterson, Nic Behrens, Bobby Johanson, Joe Parsley, David Parsley, Kyle Scofield, Terrance Elder, Geno Taylor-Burshiem, Cody Reed, Jacob Scofield, Spenser Foster, Forestte Taylor, Ethan Haugen, Alex Bakkedahl, Nolan Mingledorff, Chase Smith, Timmy Jones, Garrett Carr, Tony Ullom, Tate Lacey, Trevor Dietrich, Jacob Sutton, Sheldon Johnson, DJ Johanson, Tyrico Mason, Carter Ziebarth, Leighton Blum, Ben Christensen, Casey Johnson, Jesse Simon, and Dylon Armstrong; and

WHEREAS, the team benefited greatly with the aid of student managers Chet Reed, Tegan Lace, Connor LeBrun, and Xavier Pavlis; and

WHEREAS, the team was under the leadership of head coach Chad Stadem, assistant coaches Todd Foster, Travis Ahrens, Jacob Pettengill, Josh Christiansen, and Scott Ross; and

WHEREAS, the team's outstanding 2010 season with a record of 13-1 was capped off with the Flandreau Fliers first state title in the school's history. The Fliers captured the state title with a last second catch to put them ahead of Mobridge-Pollock with a score of 28-27; and

WHEREAS, Timmy Jones, Carter Ahlers, Ben Christensen, and Joe Parsley were selected as 2010 all-state football players, the largest group of all-state players from any team:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Flandreau Fliers High School Football Team be honored and commemorated for its exceptional 2010 State 11B Championship season.

HC 1024 Introduced by: Representatives Fargen, Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Cronin, Deelstra, Dennert, Dryden, Elliott, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer and Senators Olson (Russell), Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring Randy Parry for his work with the Maroney Rural Learning Center and his contributions to rural South Dakota.

WHEREAS, Randy Parry was a founding member of the Maroney Rural Learning Center in Howard, South Dakota, a group whose central purpose is to revitalize the rural community; and

WHEREAS, the Maroney Rural Learning Center has become a model for rural development, helping with the construction of wind turbines, the introduction of business development in Energy Maintenance Services, Knight & Carver, and Dakota Beef, the refurbishing of the local nursing home, the building of a $6.4 million hotel and convention center, and the construction of the Maroney Rural Learning Center facility, all of which brought in new jobs and economic growth; and

WHEREAS, the Maroney Rural Learning Center provides a central location for members of the community to meet and learn new skills for the betterment of rural areas and new avenues for personal economic growth; and

WHEREAS, after nearly a decade of leading the Maroney Rural Learning Center, Randy Parry is stepping aside as president to pursue other goals such as spending time with his grandchildren and friends:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature honors Randy Parry for his contributions to the Howard community, the Maroney Rural Learning Center, and rural South Dakota.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:20 p.m. the House adjourned.

Karen Gerdes, Chief Clerk