House of Representatives Journal 3/1/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 1, 2011

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

The prayer was offered by the Chaplain, Father Kevin Doyle, followed by the Pledge of Allegiance led by House pages Reid Rasmussen and Samuel Kueng.

Roll Call: All members present except Rep. Jon Hansen 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-ninth day and finds that the following correction should be made:

On page 544, line 17, delete "76,".

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.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Solum moved that the report of the Conference Committee on HB 1034 as found on page 542 of the House Journal be adopted.

The question being on Rep. Solum's motion that the report of the Conference Committee on HB 1034 be adopted.

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; 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:
Kloucek

Excused:
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 report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 71 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1007, 1041, 1047, 1051, 1056, 1070, 1114, 1119, 1139, 1146, 1169, 1192, 1216, 1246, 1247, and 1249 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1085 and 1173 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1011 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 77 as found on page 542 of the House Journal; also

Appropriations on SB 185 as found on page 542 of the House Journal; also

Appropriations on SB 191 as found on page 543 of the House Journal; also

Judiciary on SB 33 as found on page 544 of the House Journal; also

Judiciary on SB 173 as found on page 544 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 64: FOR AN ACT ENTITLED, An Act to provide that interest paid on negative balances in employers' experience rating accounts be credited to their experience rating accounts.

Was read the second time.

The question being "Shall SB 64 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; Elliott; Fargen; Feickert; 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:
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 125: FOR AN ACT ENTITLED, An Act to revise the time period for computing unemployment insurance employer contribution rates.

Was read the second time.

The question being "Shall SB 125 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; 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:
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 8: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district unreserved fund balances.

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

The question being "Shall SB 8 pass?"

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; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); 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:
Feickert; Olson (Betty)

Excused:
Hansen (Jon); Magstadt

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

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

The question being "Shall SB 103 pass as amended?"

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

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

Nays:
Iron Cloud III; Kopp; Lucas; Steele

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

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

The question being "Shall SB 113 pass?"

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; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); 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:
Stricherz; Tornow

Excused:
Hansen (Jon); Hunt

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 120: FOR AN ACT ENTITLED, An Act to revise the amount of compensation that water user district directors may receive.

Was read the second time.

The question being "Shall SB 120 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; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); 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; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Nelson (Stace)

Excused:
Hansen (Jon); Hunt

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 122: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the expenditure of water user district funds.

Was read the second time.

The question being "Shall SB 122 pass?"

And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent 0

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

Nays:
Bolin; Brunner; Liss; Russell; Verchio

Excused:
Hansen (Jon); Hunt

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 130: FOR AN ACT ENTITLED, An Act to provide a procedure for the Secretary of State to conduct certain local elections when an emergency exists.

Was read the second time.

Rep. Venner moved that SB 130 be amended as follows:

On page 1, line 10, of the Senate Local Government Committee engrossed bill, after "reasonable" insert "and necessary".

Which motion prevailed.

The question being "Shall SB 130 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

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

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 147: FOR AN ACT ENTITLED, An Act to expand the application of nexus for the purpose of collecting sales and use taxes owed to the state.

Was read the second time.

The question being "Shall SB 147 pass?"

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; Hawley; Hickey; Hoffman; 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:
Hubbel; Liss

Excused:
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 146: FOR AN ACT ENTITLED, An Act to require certain notice requirements for retailers that do not have nexus in South Dakota which are selling tangible personal property, services, or products transferred electronically for use in South Dakota.

Was read the second time.

The question being "Shall SB 146 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

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

Excused:
Haggar; Hansen (Jon); Miller

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 68: FOR AN ACT ENTITLED, An Act to authorize investment of public funds in bonds issued by or direct obligations of certain political subdivisions or bonding authorities of the state.

Was read the second time.

The question being "Shall SB 68 pass as amended?"

And the roll being called:

Yeas 58, Nays 11, Excused 1, Absent 0

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

Nays:
Blake; Elliott; Feinstein; Hubbel; Kirschman; Kloucek; Lucas; Rozum; Schrempp; Street; Wismer

Excused:
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 111: FOR AN ACT ENTITLED, An Act to extend for two years the period of time in which school districts may expend capital outlay funds for certain transportation, insurance, energy, and utility costs.

Was read the second time.

The question being "Shall SB 111 pass?"

And the roll being called:

Yeas 61, Nays 8, Excused 1, Absent 0

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

Nays:
Feickert; Feinstein; Hunhoff (Bernie); Kirkeby; Lucas; Schrempp; Stricherz; Wismer

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

Was read the second time.

The question being "Shall SB 168 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; 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; 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; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Kloucek; Russell

Excused:
Boomgarden; Hansen (Jon); Miller

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

Was read the second time.

The question being "Shall SB 184 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; 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:
Boomgarden; 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 186: FOR AN ACT ENTITLED, An Act to revise certain provisions related to distribution of funds to sparse school districts.

Was read the second time.

The question being "Shall SB 186 pass?"

And the roll being called:

Yeas 26, Nays 40, Excused 4, Absent 0

Yeas:
Bolin; Carson; Conzet; Cronin; Deelstra; Dryden; Haggar; Hickey; Hunt; Lust; Magstadt; Moser; Nelson (Stace); Novstrup (David); Romkema; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; White; Wick; Willadsen; Speaker Rausch

Nays:
Blake; Brunner; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hoffman; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Miller; Munsterman; Olson (Betty); Perry; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Street; Tornow; Vanneman; Venner; Verchio; Wink; Wismer

Excused:
Abdallah; Boomgarden; Gosch; Hansen (Jon)

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

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

Was read the second time.

The question being "Shall SB 189 pass?"

And the roll being called:

Yeas 52, Nays 15, Excused 3, Absent 0

Yeas:
Abdallah; Bolin; Brunner; Carson; Conzet; Deelstra; Dennert; Dryden; Feickert; Gosch; Greenfield; Haggar; Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema; Rozum; Schaefer; Sigdestad; Sly; Solum; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Blake; Elliott; Fargen; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron Cloud III; Jones; Kopp; Lucas; Olson (Betty); Russell; Schrempp; Steele

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

Was read the second time.

The question being "Shall SB 192 pass?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

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

Excused:
Boomgarden; Cronin; 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 43: FOR AN ACT ENTITLED, An Act to revise certain health insurance standards for patient protection.

Was read the second time.

The question being "Shall SB 43 pass as amended?"

And the roll being called:

Yeas 50, Nays 16, Excused 4, Absent 0

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

Nays:
Bolin; Brunner; Gosch; Greenfield; Haggar; Hubbel; Jensen; Kirkeby; Kopp; Liss; Olson (Betty); Russell; Steele; Tornow; Venner; Verchio

Excused:
Boomgarden; Cronin; Hansen (Jon); Nelson (Stace)

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

Rep. Lust moved that SB 93, 109, 158, 81, 101, 99, 35, 80, 187, 188, 190, 114, 57, 121, and 123 be deferred to Wednesday, March 2^nd, the 31^st 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 HB 1196 and 1201 were lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1034.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Rave, Maher, and Frerichs 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 SB 96.

Respectfully,
Trudy Evenstad, Secretary

The Speaker appointed Reps. Cronin, Boomgarden, and Feickert as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 96.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1002, 1045, 1081, 1092, 1094, 1099, 1133, and 1162 were delivered to his Excellency, the Governor, for his approval at 10:04 a.m., March 1, 2011.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1007, 1041, 1047, 1051, 1056, 1070, 1114, 1118, 1119, 1139, 1146, 1169, 1192, 1216, 1246, 1247, and 1249 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1007: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to issue revenue bonds to provide for maintenance and repair on facilities controlled by the Board of Regents and to provide appropriations therefor.

HB 1041: FOR AN ACT ENTITLED, An Act to revise the statutory duties of the presiding judge of each judicial circuit.

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

HB 1051: FOR AN ACT ENTITLED, An Act to provide deadlines for the transmission of voter registration files.

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

HB 1070: FOR AN ACT ENTITLED, An Act to prohibit school districts from employing school counselors who are not certified.

HB 1114: FOR AN ACT ENTITLED, An Act to revise the conditions under which contracts with local officials are permitted.

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the extraterritorial jurisdiction of municipalities.

HB 1119: FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain alcoholic beverage licenses.

HB 1139: FOR AN ACT ENTITLED, An Act to remove the prohibition against certain appointive officers lobbying after completing their service in state government.

HB 1146: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts for chiropractic services.

HB 1169: FOR AN ACT ENTITLED, An Act to provide for the enlargement of special zoning areas, to revise certain provisions regarding special zoning areas, and to provide for the appointment of special zoning area commissions.

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

HB 1216: FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on the use of ethanol blender pumps by retailers.

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

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

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

SB 24: FOR AN ACT ENTITLED, An Act to increase the filing fee for a rate case filed by a gas or electric public utility.

SB 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding land leased by counties.

SB 95: FOR AN ACT ENTITLED, An Act to provide for the printing of voting rights notices.

SB 108: FOR AN ACT ENTITLED, An Act to allow for the appointment of an alternate board member for the county legal expense relief board.

SB 129: FOR AN ACT ENTITLED, An Act to revise which county employees may assist in the execution of United States passport applications and to declare an emergency.

SB 142: FOR AN ACT ENTITLED, An Act to repeal the requirement that members of certain boards and commissions receive the advice and consent of the Senate.

And signed the same in the presence of the House.

HC 1025 Introduced by: Representatives Feinstein, Blake, Deelstra, Elliott, Hawley, Hickey, Kirschman, and Tornow and Senators Cutler and Peters

A LEGISLATIVE COMMEMORATION, Honoring Hannah Gacke, Jared Koch, and Aleksey Voznyuk from Washington High School in Sioux Falls, South Dakota, as finalists for the Merit Scholarship Awards.

WHEREAS, the National Merit Scholarship Program is an academic competition for recognition and scholarships that began in 1955; and

WHEREAS, Hannah Gacke, Jared Koch, and Aleksey Voznyuk, Washington High School seniors, were named as finalists in the 2011 Merit Scholarship Program competition; and

WHEREAS, these three individuals have displayed remarkable knowledge and critical reading, mathematics, and writing skills, as well as great individual effort and initiative, which will benefit them well in the pursuit of their personal, educational, and life goals; and

WHEREAS, each received letters of commendation in recognition of their outstanding academic promise; and

WHEREAS, these students have excelled academically by meeting high academic standards and have been selected out of one and one-half million other entrants to advance to finalist status, whereby they join an elite group representing the nation's best and brightest high school students:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Hannah Gacke, Jared Koch, and Aleksey Voznyuk be commemorated and honored on being selected as finalists in the 2011 Merit Scholarship competition.

HC 1026 Introduced by: Representatives Feinstein, Deelstra, Elliott, Hawley, Hickey, Kirschman, and Tornow and Senators Cutler and Peters

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2010 boys and girls track individual champions of Washington High School for their outstanding athletic performance at the 2010 State AA Track Meet.

WHEREAS, the student athletes of the Washington Warriors Track Team, including Trevor Gebhart, Alexander Waddell, and Keri Heck have shown exemplary patience, dedication, and tenacity in their pursuit of a State AA Track Championship in an individual event; and

WHEREAS, Trevor Gebhart took the State AA title in the individual events of the boys 200 Meter Dash with a time of 22.06 seconds and the boys 400 Meter Dash with a time of 48.96 seconds; and

WHEREAS, Alexander Waddell took the State AA title and set a State AA record in the boys 800 Meter Run with a time of 1:53.94; and

WHEREAS, Keri Heck took the State AA titles with a time of 25.78 seconds in the girls 200 Meter Dash and 400 Meter Dash with a time of 56.23 seconds; and

WHEREAS, the Washington Warriors Track Team head coach Everett Gebhart, assistant boys coaches Steve Bertrand, Ryan Folsom, and Shane Reilly, and assistant girls coaches Mark Dunbar, Lenae Harrison, and Brian Hermanson, helped facilitate and cultivate the physical, mental, and emotional growth and development of the student athletes; and

WHEREAS, all members of the Washington Warriors Track Team, including the student athletes, coaches, parents, and fans, have volunteered their time and unique talents for the betterment of the Washington High School Track Team:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Trevor Gebhart, Alexander Waddell, and Keri Heck be commended and honored for their patience, dedication, and tenacity, and, most of all, for their 2010 performance at the State AA Track Meet.

HC 1027 Introduced by: Representatives Fargen, Abdallah, Blake, Boomgarden, Brunner, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Feickert, Feinstein, Gibson, Haggar, Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Lucas, Lust, Moser, Munsterman, Nelson (Stace), Novstrup (David), Rausch, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, Wick, Willadsen, Wink, and Wismer and Senators Frerichs, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Fryslie, Garnos, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Commending and honoring Representative Stephanie Herseth Sandlin for her six and a half years of service in the U.S. House of Representatives.

WHEREAS, Herseth Sandlin comes from a long line of public servants who dedicated their lives to service for the State of South Dakota; and

WHEREAS, she served our state with dignity and integrity, sought to reach across the aisle for compromise and consensus, and made numerous contributions to the state; and

WHEREAS, Herseth Sandlin helped write the last Farm Bill, which helped South Dakota's rural communities; and

WHEREAS, she passed her own bill, the Tribal Law and Order Act, which was signed into law and will help improve security and safety in Indian Country; and

WHEREAS, Representative Herseth Sandlin was dedicated to working on behalf of veterans, helping write a new GI bill which will invest in our veterans' education, and passing legislative provisions to better meet the needs of uniformed women of the United States military; and

WHEREAS, she worked tirelessly as an advocate for the biofuels industry, helping to place two new renewable fuels standards into law; and

WHEREAS, Representative Herseth Sandlin worked in a bipartisan manner with her fellow South Dakota delegation to save Ellsworth Air Force Base and helped add new missions to the base; and

WHEREAS, Herseth Sandlin helped reauthorize the Children's Health Insurance Program, so more children in the great state of South Dakota can receive adequate healthcare; and

WHEREAS, Representative Herseth Sandlin continues to serve South Dakota through her position on the South Dakota State University Innovation Campus Board, and her service on the Indian Law and Order Commission:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Representative Stephanie Herseth Sandlin be commended and honored for her past and continuing service to the State of South Dakota.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:22 p.m. the House adjourned.

Karen Gerdes, Chief Clerk