House of Representatives Journal 3/2/2011 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 2, 2011

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

The prayer was offered by the Chaplain, Pastor Thomas Brown, followed by the Pledge of Allegiance led by House pages Rachel Mairose and Megan Pushor.

Roll Call: All members present except Rep. Miller 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 thirtieth 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 STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 124, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. The Bureau of Administration may contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering services, and such other services or actions as may be required to construct a maintenance shop not to exceed four thousand square feet, to be located on the Capitol complex or in the immediate vicinity, in Pierre, South Dakota.

Section 2. There is hereby transferred from the public buildings fund established in § 5-15-29.2 the balance of the fund on July 1, 2011, to the state-wide maintenance and repair fund established in § 5-14-30 to construct the facilities described in section 1 of this Act.

Section 3. There is hereby appropriated the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, in other fund expenditure authority to the Bureau of Administration to construct the facilities described in section 1 of this Act.

Section 4. The design and construction of the addition authorized in this Act shall be under the general supervision of the Bureau of Administration as provided in chapter 5-14. The commissioner of the Bureau of Administration shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 5. For the purposes of this Act, the term, gross square footage, means the sum of all areas on all floors of a building included within the outside faces of the building's exterior walls, including floor penetration areas, however insignificant, for circulation and shaft areas that connect one floor to another as computed by physically measuring or scaling measurements from the outside faces of exterior walls, disregarding cornices, pilaster, buttresses, etc., which extend beyond the wall faces. The term includes excavated basement area; mezzanines, penthouses, and attics; garages; multiple floor parking structures; enclosed porches, inner or outer balconies whether walled or not, if the balconies are utilized for operational functions; and corridors whether walled or not, if the corridors are within the outside face lines of the building, to the extent of the roof drip line and the footprints of stairways, elevator shafts, and ducts on each floor through which the corridors pass. The term does not include open areas such as unenclosed parking lots, playing fields, courts, and light wells, clear span areas not exceeding three feet in height, or portions of upper floors eliminated by rooms or lobbies that rise above single-floor height.

Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

On page 1, line 1, of the Senate Appropriations Committee engrossed bill, delete everything after "to" and insert "authorize the Bureau of Administration to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an emergency.".

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 133, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That § 13-13-79 be amended to read as follows:

13-13-79. At the same time that foundation program state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the secretary of the Department of Education shall distribute funds to sparse school districts by multiplying the result of the calculation in either subdivision 13-13-78(2) or subdivision 13-13-78(3) by seventy-five percent of the per student allocation as defined in § 13-13-10.1. However, no sparse school district may receive a sparsity benefit in any year that exceeds one hundred twenty-three thousand seven hundred fifty dollars. If the appropriation is insufficient to fully fund all sparse school districts as per the calculation in either subdivision 13-13-78(2) or subdivision 13-13-78(3), each eligible district shall receive a prorata share of the total appropriated amount. "

On page 1, line 1, of the Senate Education Committee engrossed bill, delete everything after "Act to" and insert "revise certain provisions related to distribution of funds to sparse school districts.".

On page 1, delete lines 2 and 3.

And that as so amended said bill do pass.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 200 and returns the same with the recommendation that said bill be amended as follows:

On page 6 of the printed bill, delete lines 4 to 24, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 193 and 194 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1010 and 1012 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 76 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 48, 132, and 202 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 44 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the Senate Commerce and Energy Committee engrossed bill, delete lines 6 to 8, inclusive.

On page 2, line 9, delete "insurance policy, certificate, or annuity contract. No insured" and insert "No applicant, insured,".

On page 2, line 10, delete "insured" and insert "applicant, insured,".

And that as so amended said bill 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 176 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 31 and returns the same with the recommendation that said bill be amended as follows:

On page 2, after line 9 of the printed bill, insert:

" Section 4.That § 23-6-8.1 be amended to read as follows:

23-6-8.1. The director of the Bureau of Criminal Statistics may authorize the destruction of information and records of:

(1) Persons who are dead;

(2) Persons seventy-five years of age or older unless a violation has occurred within the last ten years;

(3) Incidents that are no longer considered crimes under the laws of the State of South Dakota;

(4) Misdemeanor offenses whose final date of disposition occurred at least ~~ten~~ five years prior to authorized destruction date.

However, the provisions of subdivision (4) of this Act do not apply to any misdemeanor driving under the influence offenses unless the final date of disposition occurred at least ten years prior to the authorized destruction date. ".

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 141 which was tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 164 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger W. Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1053, 1104, 1149, 1179, and 1207 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1008, 1175, and 1248 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Stace Nelson moved that the House do concur in Senate amendments to HB 1085.

The question being on Rep. Nelson's motion that the House do concur in Senate amendments to HB 1085.

And the roll being called:

Yeas 59, Nays 10, Excused 1, Absent 0

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

Nays:
Dennert; Elliott; Fargen; Feickert; Feinstein; Hunhoff (Bernie); Kirschman; Lucas; Street; Wismer

Excused:
Miller

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.

Rep. Tulson moved that the House do concur in Senate amendments to HB 1173.

The question being on Rep. Tulson's motion that the House do concur in Senate amendments to HB 1173.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Lust moved that SB 35 and 190 be placed to follow SB 99 on today's calendar.

Which motion prevailed.

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

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

Rep. Sly moved that SB 151 be amended as follows:

On page 1, after line 15 of the printed bill, insert:

" Section 2. That § 36-35-16 be amended to read as follows:

36-35-16. Any person holding a valid license under this chapter may renew that license by paying the required renewal fee and providing proof of compliance with the continuing education requirements set by the board at least thirty days prior to the expiration of the current license. Any person who submits a license renewal ~~late~~ less than thirty days prior to the expiration of the license but no later than the expiration date shall submit a seventy-five dollar late fee. If the board has not received a license renewal by the expiration date, the board shall notify the licensee within five days that the renewal has not been received and that the licensee may not practice until the license is renewed. Any person who submits a license renewal within thirty days after the expiration date shall submit a one hundred fifty dollar late fee. Any person whose license has lapsed shall reapply for a license. ".

Which motion prevailed.

The question being "Shall SB 151 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

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

Excused:
Cronin; Miller

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

The question being on the title.

Rep. Sly moved that the title to SB 151 be amended as follows:

On page 1, line 1, of the printed bill, after "provisions" insert "and renewal requirements".

Which motion prevailed and the title was so amended.

SB 93: FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to a political action committee and to set a limit on contributions.

Was read the second time.

The question being "Shall SB 93 pass?"

And the roll being called:

Yeas 57, Nays 12, Excused 1, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunt; Jensen; Jones; Juhnke; Kirkeby; Kloucek; Kopp; Liss; Lust; Magstadt; 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; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Blake; Elliott; Fargen; Feickert; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lucas; Sigdestad

Excused:
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 109: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to promulgate rules concerning lobbyist registration fees, to impose a penalty for the failure to timely file lobbyist or lobbyist employer reports, and to repeal certain provisions concerning lobbyists who fail to comply with certain requirements.

Was read the second time.

Rep. Hoffman moved that SB 109 be amended as follows:

On page 2, line 17, of the Senate engrossed bill, delete "of ten dollars per day" and insert "on a registered lobbyist or employer of a registered lobbyist for each report not timely filed not to exceed a total of one hundred dollars per report not timely filed. Any administrative penalty".

On page 2, delete line 18.

Which motion prevailed.

The question being "Shall SB 109 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Elliott; 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; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Dennert; Juhnke; Schrempp

Excused:
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.

Speaker Pro tempore Gosch now presiding.

SB 158: FOR AN ACT ENTITLED, An Act to toll the Department of Environment and Natural Resources administrative rules on underground injection control Class III wells and in situ leach mining until the department obtains primary enforcement authority of the comparable federal programs.

Was read the second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 158 pass?"

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

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

Nays:
Blake; Fargen; Feinstein; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kloucek; Lucas; Moser; Stricherz

Excused:
Miller; Sigdestad

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

Speaker Rausch now presiding.

SB 81: FOR AN ACT ENTITLED, An Act to require the Supreme Court to promulgate rules for parenting coordinators.

Was read the second time.

The question being "Shall SB 81 pass?"

And the roll being called:

Yeas 18, Nays 50, Excused 2, Absent 0

Yeas:
Blake; Dryden; Elliott; Fargen; Gibson; Hawley; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Kloucek; Rozum; Schrempp; Steele; Street; White; Wismer

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Feickert; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel; Hunt; Jensen; Jones; Juhnke; Kirkeby; Kopp; Liss; Lucas; Lust; Magstadt; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Russell; Schaefer; Sly; Solum; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Miller; Sigdestad

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

SB 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to public records.

Was read the second time.

The question being "Shall SB 101 pass as amended?"

And the roll being called:

Yeas 56, Nays 12, Excused 2, Absent 0

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

Nays:
Blake; Dennert; Elliott; Fargen; Feinstein; Gibson; Hunhoff (Bernie); Kirschman; Kloucek; Lucas; Perry; Schrempp

Excused:
Miller; Sigdestad

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 80: FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions for recovery of damages for personal injury or death to municipal officers, employees, and volunteers.

Was read the second time.

The question being "Shall SB 80 pass as amended?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

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

Excused:
Miller; Sigdestad; Tornow; Wick

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

Was read the second time.

The question being "Shall SB 187 pass?"

And the roll being called:

Yeas 50, Nays 18, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feinstein; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Jensen; Juhnke; Killer; Kirschman; Kopp; Lucas; Lust; Magstadt; Moser; Novstrup (David); Perry; Romkema; Rozum; Russell; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Blake; Brunner; Feickert; Gibson; Hubbel; Hunt; Iron Cloud III; Jones; Kirkeby; Kloucek; Liss; Munsterman; Nelson (Stace); Olson (Betty); Schaefer; Schrempp; Sigdestad; Street

Excused:
Miller; Tornow

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

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 second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 188 pass as amended?"

And the roll being called:

Yeas 28, Nays 41, Excused 1, Absent 0

Yeas:
Bolin; Boomgarden; Carson; Conzet; Cronin; Dryden; Gosch; Haggar; Hoffman; Jones; Juhnke; Kirkeby; Kloucek; Lucas; Lust; Moser; Novstrup (David); Romkema; Rozum; Sly; Steele; Turbiville; Vanneman; Verchio; White; Willadsen; Wink; Speaker Rausch

Nays:
Abdallah; Blake; Brunner; Deelstra; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hansen (Jon); Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirschman; Kopp; Liss; Magstadt; Munsterman; Nelson (Stace); Olson (Betty); Perry; Russell; Schaefer; Schrempp; Sigdestad; Solum; Street; Stricherz; Tornow; Tulson; Van Gerpen; Venner; Wick; Wismer

Excused:
Miller

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

Rep. Carson announced his intention to reconsider the vote by which SB 188 lost.

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 second time.

The question being "Shall SB 114 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Nays:
Willadsen

Excused:
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 57: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain employers and to declare an emergency.

Was read the second time.

The question being "Shall SB 57 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Miller

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 121: FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail license for certain malt beverage and wine dealers.

Was read the second time.

The question being "Shall SB 121 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, Absent 0

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

Excused:
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 123: FOR AN ACT ENTITLED, An Act to allow military spouses to receive unemployment compensation if they leave their jobs due to a spouse's military transfer.

Was read the second time.

Rep. Lust moved the previous question.

Which motion prevailed.

The question being "Shall SB 123 pass?"

And the roll being called:

Yeas 19, Nays 50, Excused 1, Absent 0

Yeas:
Deelstra; Dennert; Dryden; Feinstein; Hawley; Hunhoff (Bernie); Jones; Killer; Kirschman; Kloucek; Kopp; Liss; Magstadt; Nelson (Stace); Novstrup (David); Schrempp; Solum; Steele; Stricherz

Nays:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Elliott; Fargen; Feickert; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Lucas; Lust; Moser; Munsterman; Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sigdestad; Sly; Street; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Miller

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

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 second time.

The question being "Shall SB 77 pass as amended?"

And the roll being called:

Yeas 53, Nays 16, Excused 1, Absent 0

Yeas:
Blake; Bolin; Brunner; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Feickert; Gibson; Gosch; Greenfield; Haggar; Hawley; Hickey; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Rozum; Russell; Schaefer; Schrempp; Sly; Solum; Steele; Street; Tornow; Tulson; Van Gerpen; Venner; Verchio; White; Wick; Wink; Wismer; Speaker Rausch

Nays:
Abdallah; Boomgarden; Carson; Fargen; Feinstein; Hansen (Jon); Hoffman; Iron Cloud III; Juhnke; Nelson (Stace); Romkema; Sigdestad; Stricherz; Turbiville; Vanneman; Willadsen

Excused:
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.

Rep. Cronin moved that SB 185, 191, 33, 173, 99, 35, and 190 be deferred to Thursday, March 3^rd, the 32^nd 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 55.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1144 was lost for failure to place on calendar.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1034, 1053, 1104, 1149, 1179, and 1207 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1034: FOR AN ACT ENTITLED, An Act to repeal the requirement for motor vehicle liability insurance safety rating discounts for certain older motor vehicle drivers.

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

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

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

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

HB 1207: FOR AN ACT ENTITLED, An Act to allow the consignment or auction of certain out-of-state vehicles and motorcycles.

And signed the same in the presence of the House.

HC 1028 Introduced by: Representatives Kloucek, Bolin, Brunner, Cronin, Deelstra, Dennert, Dryden, Fargen, Gibson, Gosch, Greenfield, Hawley, Hubbel, Hunhoff (Bernie), Kirschman, Lucas, Lust, Magstadt, Moser, Munsterman, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Stricherz, Tornow, and Venner and Senators Putnam, Begalka, Bradford, Brown, Frerichs, Garnos, Hansen (Tom), Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Maher, Novstrup (Al), Olson (Russell), Rampelberg, Schlekeway, Sutton, Tidemann, and Vehle

A LEGISLATIVE COMMEMORATION, Honoring and commemorating Tripp-Delmont/Armour boys basketball head coach Burnell Glanzer on earning his 600^th career win on February 24, 2011.

WHEREAS, on the same day as his 600^th career win over Kimball at the Corn Palace in Mitchell, Coach Burnell Glanzer turned fifty-eight years old; and

WHEREAS, Coach Glanzer has coached in the Armour School District since 1975, and has coached the Tripp-Delmont/Armour co-op since its inception; and

WHEREAS, Glanzer has taken twelve of his teams to the Class B State Tournament and was inducted into the state's Basketball Coaches Association Hall of Shrine in 2002. He has three Class B State Titles to his credit from 1978, 1979, and 1997, and two runner-up Class B State Titles from 1977 and 1983; and

WHEREAS, Burnell Glanzer has an accumulated career record of 600 wins and 201 losses, and also holds the state record of 64 consecutive wins from 1977-1980:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that long-time boys basketball coach Burnell Glanzer be honored and commemorated on earning his 600^th career win.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:18 p.m. the House adjourned.

Karen Gerdes, Chief Clerk