JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION




THIRTY-SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 10, 2011

    The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House pages Alec Adamski and Rebecca Runge.

    Roll Call: All members present.

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 thirty-fifth day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Val Rausch, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 9, 2011

The Honorable Val Rausch
Speaker of the House of Representatives
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. Speaker and Members of the House of Representatives:

I herewith return to you House Bill 1146 with my VETO.

House Bill 1146 is entitled, "An Act to limit copayment or coinsurance amounts for chiropractic services."

I ask you to sustain this veto because HB 1146 limits consumer choice, acts as another unnecessary government mandate, and may create a new, substantial ongoing expense for the state.

House Bill 1146 prohibits insurance companies from offering policies that charge higher copays for chiropractic care than for primary physician care. As a result, consumers and employers would not be allowed to choose policies with varying chiropractic copays. This means fewer, more expensive choices for purchasers of health insurance.

If enacted, this bill adds to an already extensive list of 23 mandates in law relating to health insurance coverage. Another health insurance mandate restricts the ability of health plans, including the state employee plan, to negotiate rates with separate health care provider groups such as physicians, dentists, and hospitals. Every mandate is one additional item that is not subject to negotiation, meaning higher costs for plan members.

Furthermore, the bill could create a new, substantial ongoing expense for the state. The Federal Patient Protection and Affordable Care Act requires the state to pay any benefits over and above "essential benefits", a term that is still undefined. If lower chiropractic care copays are not considered "essential benefits", a distinct possibility, the state would be required to pay them.

Lastly, the phrase "or practitioner for the same or similar diagnosed condition" is unclear as to what types of treatment must be subject to equal copayments. Would surgical treatment for a back injury be subject to the same copayments as chiropractic care for the same diagnosed condition? The bill as written lacks the necessary statutory clarity.

Therefore, in order to prevent higher health insurance premiums and avoid a significant future financial liability for the State of South Dakota, I respectfully request that you sustain my veto.

Respectfully submitted,
Dennis Daugaard
Governor



DD:js

cc:    The Honorable Matt Michels
    The Honorable Jason Gant

March 9, 2011

The Honorable Val Rausch
Speaker of the House of Representatives
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. Speaker and Members of the House of Representatives:

I respectfully return to you House Bill 1192 with my VETO.

House Bill 1192 is entitled, "An Act to increase certain registration fees for the use of motor vehicles on the public highways."

I oppose raising taxes. As our economy emerges from a serious worldwide recession, we cannot afford to increase taxes and put additional costs on businesses and families. Although HB 1192 increases vehicle license registration "fees," and does not raise taxes per se, it implements a very broad-based fee increase of more than $30 million that will impact almost every South Dakotan. Now is not the time to impose this increase.

Counties and townships have other options to generate revenue for roads. They can generate revenue with a property tax "opt out." Rather than forcing a statewide increase in registration fees, counties and townships who need additional revenue can go to their voters and make use of this option.

In addition, most counties have not yet exercised their option to generate revenue by implementing their full wheel tax to the $4 per wheel allowed. At this time, 27 counties have implemented the maximum $4 per wheel tax. Twelve counties have a $2 wheel tax and 23 counties have no wheel tax at all. Two counties have a variable rate depending on the weight class (ranges from $2 to $4).

The time may come when the state will need to comprehensively reevaluate funding of our transportation system. I understand that South Dakota faces challenges in infrastructure funding and that we need to consider a realistic long-term solution. However, we cannot do this while there is still great uncertainty in the future of federal highway funding. Until Congress reauthorizes the federal highway bill, we cannot evaluate with certainty the need for further support at the state and local level.

Another factor to consider is the great deal of uncertainty in the future for federal highway funding. The President released his proposed transportation budget a little over a week ago and we do not know what the future federal funding will be. Federal funding will impact the amount of need on the county roads. Before passing significant fee increases during a recession, I urge

you to wait until we can determine with some certainty the level of federal assistance counties and the state can anticipate and thus the remaining amount of need to be met by the state as a whole to take care of all public roads in South Dakota instead of just a portion of them.

Respectfully submitted,
Dennis Daugaard
Governor

DD:js

cc:    The Honorable Matt Michels
    The Honorable Jason Gant

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Gosch moved that the report of the Conference Committee on HB 1208 as found on pages 698 to 701 of the House Journal be adopted.

    Rep. Brunner moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1208 and do not appoint a new committee.

    The question being on Rep. Brunner's substitute motion to not adopt the report of the Conference Committee on HB 1208 and to not appoint a new committee.

    And the roll being called:

    Yeas 33, Nays 26, Excused 11, Absent 0

    Yeas:
Abdallah; Blake; Boomgarden; Brunner; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hubbel; Hunhoff (Bernie); Iron Cloud III; Jensen; Jones; Kirschman; Kloucek; Liss; Lucas; Miller; Munsterman; Russell; Sigdestad; Sly; Street; Turbiville; Van Gerpen; Venner; Verchio; Wick; Willadsen; Wismer

    Nays:
Conzet; Cronin; Deelstra; Gosch; Greenfield; Haggar; Hansen (Jon); Hoffman; Hunt; Juhnke; Killer; Kirkeby; Kopp; Magstadt; Moser; Nelson (Stace); Novstrup (David); Rozum; Schaefer; Solum; Steele; Stricherz; Tornow; Tulson; Vanneman; Speaker Rausch

    Excused:
Bolin; Carson; Dennert; Dryden; Lust; Olson (Betty); Perry; Romkema; Schrempp; White; Wink

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



    Rep. Tornow moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1208 and that the same committee be reappointed.

    Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, David Novstrup, and Fargen.

    Rep. Cronin moved that the House do now recess until 1:00 p.m., which motion prevailed and at 10:33 a.m., the House recessed.

RECESS

    The House reconvened at 1:00 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    Rep. Lust moved that a committee of three be appointed to a Select Committee relative to appointments to the 2011 Legislative Redistricting Committee.

    Which motion prevailed the Speaker appointed Rep. Rausch, Lust, and Bernie Hunhoff.

    Rep. Lust moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Friday, March 11th, the 37th legislative day.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    Rep. Kirkeby moved that consideration of the executive veto on HB 1146 be deferred to Monday, March 28th, the 38th legislative day.

    Which motion prevailed.

    The House proceeded to the reconsideration of HB 1192 pursuant to the veto of the Governor and the veto message found on page 713 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.


    The question being "Shall HB 1192 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 53, Nays 16, Excused 1, Absent 0

    Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Greenfield; Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Vanneman; Verchio; White; Willadsen; Wink; Wismer; Speaker Rausch

    Nays:
Conzet; Gosch; Haggar; Hansen (Jon); Jensen; Juhnke; Kloucek; Kopp; Liss; Nelson (Stace); Olson (Betty); Russell; Tornow; Van Gerpen; Venner; Wick

    Excused:
Deelstra

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

    There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF SELECT COMMITTEES

MR. SPEAKER:

    Your Select Committee appointed on Legislative Redistricting respectfully reports that it has had under consideration the appointments to the 2011 Legislative Redistricting Committee and recommends that the following members be appointed by the Speaker:

        Representative Rausch        Representative Juhnke
        Representative Kirkeby        Representative Bolin
        Representative Gosch            Representative Lust
        Representative Fargen        Representative Wismer.

Respectfully submitted,
Val Rausch
David Lust
Bernie Hunhoff
House Committee



    Rep. Lust moved that the report of the Select Committee relative to the appointments to the 2011 Legislative Redistricting Committee be adopted.

    Which motion prevailed.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on HB 1208 and has appointed Sens. Garnos, Schlekeway, and Bradford as a new 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.

Respectfully,
Trudy Evenstad, Secretary

    Rep. Lust moved that the House do now recess until 4:00 p.m., which motion prevailed and at 1:52 p.m., the House recessed.

RECESS

    The House reconvened at 4:00 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1251 and returns the same with the recommendation that said bill be amended as follows:

1251vd

    On page 3, line 23 of the printed bill, INCREASE Personal Services OTHER FUNDS $20,072

    On page 3, line 24, INCREASE Operating Expenses OTHER FUNDS $24,014

    On page 3, line 30, DECREASE Personal Services OTHER FUNDS $141,751

    On page 3, line 31, INCREASE Operating Expenses OTHER FUNDS $38,003

    On page 3, between lines 35 and 36, insert:

"    (15) Conservation Reserve Enhancement Program - Informational

        Personal Services        $0            $0        $ 987        $ 987
        Operating Expenses    $0            $0        $16,350        $16,350
        Total                $0            $0        $17,337        $17,337
        F.T.E.                                                    0.0

    (16) Educational Enhancement Funding Corporation - Informational

        Personal Services        $0            $0        $ 32,000    $ 32,000
        Operating Expenses    $0            $0        $130,500    $130,500
        Total                $0            $0        $162,500    $162,500
        F.T.E.                                                     0.0".

Adjust all totals accordingly.

DESCRIPTION: South Dakota Building Authority - Informational and South Dakota Health and Education Facilities Authority - Informational: This amendment makes adjustments to the FY12 budget between personal services and operating expenses. It also adds two new informational sections for the Conservation Reserve Enhancement Program (CREP) and the Education Enhancement Funding Corporation (EEFC). (BFM 1)


1251bd

    On page 2, line 10 of the printed bill, INCREASE Operating Expenses OTHER FUNDS $4,811,546

Adjust all totals accordingly.

DESCRIPTION: Governor's Office of Economic Development - This amendment adds $4,811,546 in other fund expenditure authority to allow the Governor's Office of Economic Development to spend increased Future Fund Revenues. (BFM 4)


1251ac

    On page 7, line 11 of the printed bill, INCREASE Operating Expenses OTHER FUNDS $75,000

Adjust all totals accordingly.


DESCRIPTION: Department of Agriculture - This amendment is the result of the passage of HB1215. This other fund expenditure authority will be spent on a grant to the Northern Crops Institute. (BFM 5)

1251un

    On page 10, line 43 of the printed bill, INCREASE FTEs 0.2

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - Since SB191 now allows for the continuation of the Sales Tax on Food Refund program, the Department needs 0.2 FTE to administer the program. The FTE is funded by the current special appropriation. (BFM 3)


1251um

    On page 10, line 47 of the printed bill, INCREASE Operating Expenses FEDERAL FUNDS $31,700,000

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services - This amendment adds $31.7 million in federal fund expenditure authority in the Department of Social Services for Health Information Technology. This funding is for federal incentive payments to qualifying hospitals and independent practitioners to implement meaningful use of health information technology. (BFM 2)


1251bc

    On page 21, line 25 of the printed bill, INCREASE Operating Expenses FEDERAL FUNDS $22,490,000

Adjust all totals accordingly.

DESCRIPTION: Department of Veterans' Affairs - Due to the passage of SB52 (the bonding bill for the new Vets' Home) this expenditure authority is needed in order to draw down the Federal Funds from the VA. (BFM 6)



1251uw

    On page 10, line 47 of the printed bill, DECREASE Operating Expenses GENERAL FUNDS $2,838,570 and DECREASE Operating Expenses FEDERAL FUNDS $2,663,150 and DECREASE Operating Expenses OTHER FUNDS $6,817

    On page 10, line 40, INCREASE Operating Expenses GENERAL FUNDS $224,686 and INCREASE Operating Expenses FEDERAL FUNDS $26,247 and INCREASE Operating Expenses OTHER FUNDS $4,314

    On page 10, line 54, INCREASE Operating Expenses GENERAL FUNDS $365,625 and INCREASE Operating Expenses FEDERAL FUNDS $346,149 and INCREASE Operating Expenses OTHER FUNDS $2,503

    On page 11, line 3, INCREASE Operating Expenses GENERAL FUNDS $661,348 and INCREASE Operating Expenses FEDERAL FUNDS $394,315

    On page 22, line 31, INCREASE Operating Expenses GENERAL FUNDS $304,389 and INCREASE Operating Expenses FEDERAL FUNDS $184,255

    On page 23, line 25, INCREASE Operating Expenses GENERAL FUNDS $1,218,120 and INCREASE Operating Expenses FEDERAL FUNDS $1,678,493

    On page 23, line 39, INCREASE Operating Expenses GENERAL FUNDS $26,415 and INCREASE Operating Expenses FEDERAL FUNDS $33,691

    On page 25, line 26, INCREASE Operating Expenses GENERAL FUNDS $37,987

Adjust all totals accordingly.

DESCRIPTION: Departments of Social Services, Human Services, Corrections and the Unified Judicial System_This amendment moves funds from DSS to DHS, DOC, and UJS in order to adjust the amounts being cut from providers. (BFM7)


1251me

    On page 20, line 24 of the printed bill, DECREASE Operating Expenses GENERAL FUNDS $78,161

    On page 20, line 31, INCREASE Operating Expenses GENERAL FUNDS $78,161

Adjust all totals accordingly.

DESCRIPTION: Board of Regents: Realign the cuts between the South Dakota School for the Blind and Visually Impaired and the South Dakota School for the Deaf.



1251ua

    On page 23, line 25 of the printed bill, INCREASE Operating Expenses OTHER FUNDS $112,500

Adjust all totals accordingly.

DESCRIPTION: Continue funding for the autism grant less a 10% reduction using other funds from DHS-Other Fees.


1251va

    On page 27, line 17 of the printed bill, DECREASE Personal Services GENERAL FUNDS $7,782

    On page 27, line 18, INCREASE Operating Expenses GENERAL FUNDS $7,782 and INCREASE Operating Expenses OTHER FUNDS $118,086

Adjust all totals accordingly.

DESCRIPTION: Secretary of State: Align anticipated personal services and operating expenses; restores funding for activities which were to be replaced by online annual report project which has not been completed.


1251ba

    On page 25, line 25 of the printed bill, INCREASE Personal Services GENERAL FUNDS $961,267 and INCREASE Personal Services OTHER FUNDS $708,006

    On page 25, line 26, DECREASE Operating Expenses GENERAL FUNDS $961,267 and INCREASE Operating Expenses OTHER FUNDS $1,054,829

Adjust all totals accordingly.

DESCRIPTION: UJS. Adjust general fund authority between personal services and operating expenses and increase Other Funds in order to comply with the Governor's 10% budget reduction to the UJS budget.


1251af

    On page 25, line 40 of the printed bill, INCREASE Appropriation GENERAL FUNDS $100,000

Adjust all totals accordingly.


DESCRIPTION: Increase general funds to allow funding for interim studies.

    And that as so amended said bill do pass.

Respectfully submitted,
Dean Wink, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc1208B

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1208 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1208 be amended as follows:

1208cl

    On page 1 of the Senate engrossed bill, delete lines 14 and 15.

    Delete pages 2 and 3, inclusive

    On page 4, delete line 1.

1208ci


    On page 1 of the Senate engrossed bill, delete lines 6 and 7, and insert:

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

    13-10-12. Each person over eighteen years of age hired by a school district shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The school district shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The employing school district may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. However, the school board or governing body may reimburse the person for the fees. Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school

district is not required to submit to a criminal background investigation as required in this section. In addition, any person employed by a postsecondary technical institute is not required to submit to a criminal background investigation as required in this section, unless the person is a teacher who teaches an elementary or secondary level course in an elementary or secondary school facility, or unless the person is an employee, other than a teacher, whose work assignment includes working in an elementary or secondary school facility.

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

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

    Training of school bus drivers and bus attendants. School bus operators must provide annual training for school bus drivers in accordance with the section entitled "Driver" pages 121 to 124 and the section entitled "Bus Attendant" pages 124 and 125, in the National School Transportation Specifications & Procedures, 2005 Revised Edition. In addition, the following provisions apply:

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

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

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

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

    Section 4. That § 13-43-7.1 be repealed.

    13-43-7.1. If a teacher desires to attend an annual professional association meeting, the school board may authorize attendance at such meeting without loss of pay from regular salary. However, such attendance may not take the teacher away from regular duties for more than two consecutive days preceding any school term. ".



1208ck

    On page 4, after line 1 of the Senate engrossed bill, insert:

"    Section 7. That § 13-13-78 be amended to read as follows:

    13-13-78. Terms used in § 13-13-79 mean:

            (1)    "Sparse school district," a school district that meets each of the following criteria:

            (a)    Has a fall enrollment per square mile of 0.50 or less;

            (b)    Has a fall enrollment of five hundred or less;

            (c)    Has an area of four hundred square miles or more;

            (d)    Has at least fifteen miles between its secondary attendance center or centers and that of an adjoining district;

            (e)    Operates a secondary attendance center; and

            (f)    Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more; and

            (g)    Has a general fund balance percentage of thirty percent or less excluding revenue received from opting out of property tax limitations pursuant to chapter 10-12;

            (2)    "Sparsity fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of less than eighty-three or greater than two hundred thirty-two, is calculated as follows:

            (a)    Divide the fall enrollment as defined in § 13-13-10.1 by the area of the school district in square miles;

            (b)    Multiply the quotient obtained in subsection (a) times negative 0.125;

            (c)    Add 0.0625 to the product obtained in subsection (b); and

            (d)    Multiply the sum obtained in subsection (c) times the fall enrollment;

            (3)    "Sparsity adjusted fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of at least eighty-three, but no more than two hundred thirty-two, subtract the fall enrollment from two hundred thirty-two. ".

1208cth


    On page 1, line 1, of the Senate engrossed bill, delete everything after "An Act to" and insert "revise certain provisions relating to public schools to allow school districts to operate more economically.".

    On page 1, delete lines 2 to 4, inclusive.

Respectfully submitted,    Respectfully submitted,
Brian Gosch    Cooper Garnos
House Committee Chair    Senate Committee Chair

    Rep. Gosch moved that the report of the Conference Committee on HB 1208 as found on page 722 of the House Journal be adopted.

    Rep. Brunner moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1208 and do not appoint a new committee.

    The question being on Rep. Brunner's substitute motion to not adopt the report of the Conference Committee on HB 1208 and to not appoint a new committee.

    And the roll being called:

    Yeas 35, Nays 34, Excused 1, Absent 0

    Yeas:
Blake; Boomgarden; Brunner; Elliott; Fargen; Feickert; Feinstein; Greenfield; Hawley; Hickey; Hunhoff (Bernie); Jensen; Jones; Kirschman; Kloucek; Liss; Lucas; Miller; Moser; Olson (Betty); Perry; Russell; Schrempp; Sigdestad; Sly; Street; Tornow; Turbiville; Van Gerpen; Venner; Verchio; Wick; Willadsen; Wink; Wismer

    Nays:
Abdallah; Bolin; Carson; Conzet; Cronin; Dennert; Dryden; Gibson; Gosch; Haggar; Hansen (Jon); Hoffman; Hubbel; Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lust; Magstadt; Munsterman; Nelson (Stace); Novstrup (David); Romkema; Rozum; Schaefer; Solum; Steele; Stricherz; Tulson; Vanneman; White; Speaker Rausch

    Excused:
Deelstra

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


    Rep. Lust moved the previous question.

    Which motion prevailed.

    The question being on Rep. Gosch's motion that the report of the Conference Committee on HB 1208 be adopted.

    And the roll being called:

    Yeas 38, Nays 31, Excused 1, Absent 0

    Yeas:
Abdallah; Bolin; Carson; Conzet; Cronin; Dennert; Dryden; Gibson; Gosch; Haggar; Hansen (Jon); Hoffman; Hubbel; Hunt; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lust; Magstadt; Miller; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema; Rozum; Schaefer; Solum; Steele; Stricherz; Tulson; Van Gerpen; Vanneman; White; Wink; Speaker Rausch

    Nays:
Blake; Boomgarden; Brunner; Elliott; Fargen; Feickert; Feinstein; Greenfield; Hawley; Hickey; Hunhoff (Bernie); Jensen; Jones; Kirschman; Kloucek; Liss; Lucas; Moser; Olson (Betty); Russell; Schrempp; Sigdestad; Sly; Street; Tornow; Turbiville; Venner; Verchio; Wick; Willadsen; Wismer

    Excused:
Deelstra

    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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has passed HB 1192, the Governor's veto notwithstanding.

Respectfully,
Trudy Evenstad, Secretary


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1067, 1087, 1148, 1154, 1174, 1228, 1231, 1232, 1234, 1240, and 1244 were delivered to his Excellency, the Governor, for his approval at 10:03 a.m., March 10, 2011.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1003, 1044, 1079, 1130, 1141, 1145, 1194, 1219, 1221, 1233, and 1242 were delivered to his Excellency, the Governor, for his approval at 3:45 p.m., March 10, 2011.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1093, 1110, 1235, 1245, and 1248 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1093: FOR AN ACT ENTITLED, An Act to revise the criteria used to exempt certain school districts from the requirement to reorganize.

    HB 1110: FOR AN ACT ENTITLED, An Act to appropriate funding for the purpose of a one-time increase in state aid to education.

    HB 1235: FOR AN ACT ENTITLED, An Act to create the Board of Regents performance improvement fund and make an appropriation therefor.

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

    HB 1248: FOR AN ACT ENTITLED, An Act to extend the sunset of the one-half percent increase in the gross receipts tax imposed on visitor-related businesses.


    SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of the state seal.

    SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7 sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition interlock devices.

    SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of taking or disseminating pictures without consent and to provide for a felony penalty under certain circumstances.

    SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding representations and warranties in insurance and annuity applications.

    SB 86: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain employers and to declare an emergency.

    SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions related to distribution of funds to sparse school districts.

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

    SB 149: FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with concussions resulting from participation in youth athletic activities.

    SB 152: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning state aid to education, to revise and provide for the adjustment of the per student allocation for the state aid to general education formula, and to revise certain property tax levies for the general fund of a school district.

    SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes against minors be suppressed under certain conditions.

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

    SB 178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the rights and duties of joint legal custodians.

    SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2011.

    SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the sales tax on food refund program.


    SB 196: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive payment, to create the ethanol infrastructure incentive fund, to appropriate money to encourage the use of ethanol, and to make transfers into the ethanol infrastructure incentive fund and the revolving economic development and initiative fund.

    SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district fund balances and to declare an emergency.

    And signed the same in the presence of the House.

COMMEMORATIONS

    HC 1053 Introduced by: Representatives Tulson, Blake, Bolin, Boomgarden, Carson, Cronin, Deelstra, Dryden, Elliott, Fargen, Gibson, Gosch, Greenfield, Hickey, Hoffman, Hubbel, Hunt, Jensen, Juhnke, Kirschman, Kopp, Liss, Magstadt, Moser, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rozum, Sly, Steele, Stricherz, Tornow, Van Gerpen, Venner, Verchio, White, 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, Commending and honoring Keith Cutler for his dedication to developing and promoting the sport of baseball throughout the state of South Dakota.

    WHEREAS, Keith Cutler was born in 1923 and passed away in July 2010. He grew up with a love for baseball. He was a member of the Claremont team as well as a pick-up player for Watertown in the National Regional Finals. He played from 1935 until 1957 when a baseball struck him in the temple causing vision loss in his right eye; and

    WHEREAS, Keith Cutler was instrumental in keeping baseball alive in northeast South Dakota. He helped start two amateur baseball teams in Claremont in 1971 in addition to coaching in Claremont from 1971 until 1982; and

    WHEREAS, Keith Cutler was a very active promoter of baseball throughout the state. He served as a South Dakota Amateur Baseball Commissioner for forty years; and

    WHEREAS, Keith Cutler was inducted into the South Dakota Baseball Hall of Fame in 1996 for his dedicated and continued efforts towards the sport of baseball:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Keith Cutler be commended and honored for his long dedication and promotion to the development of baseball in South Dakota and the encouragement and inspiration he gave to many people.

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

Karen Gerdes, Chief Clerk