JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 6, 2012

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

The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge of Allegiance led by House pages Chelsea Olson and Baily Ringgenberg.

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 fourteenth 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.

The oath of office was administered by Speaker Rausch to the following named pages:

Katherine Hickey, Rachel Howard, Jordyn Jones, Jessica Lentz, Katrinia Martinez, Lana Nelson, Rebekah Nelson, Michaela Oleson, Chelsea Olson, Baily Ringgenberg, Tabitha Siemens, Sarah Tow, Andrew Weber, Erin Willadsen, Emily Zietlow, Henry Zietlow.

Which was subscribed to and placed on file in the office of the Secretary of State.

Rep. Rozum introduced Kourtney Hauge, the 2011 South Dakota 4-H Rodeo Ambassador, from White Lake, South Dakota.

Rep. Rausch recognized and introduced Senator Timothy A. Rave, District 25, who served as Speaker of the House of Representatives in 2009-2010. He spoke briefly and presided over the unveiling of his portrait.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1152 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1208 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1093, 1133, and 1233 and HJR 1007 and returns the same with the recommendation that said bills and resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1232 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1261 and HJR 1008 and 1010 and returns the same with the recommendation that said bill and resolutions be referred to the Committee on Commerce and Energy.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1134 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1110 and 1235 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 HB 1229 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1192 and SB 26 and 28 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 HB 1245 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 14, of the printed bill, overstrike "shall" and insert "may".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1221 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger D. Solum, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 68, 76, 86, 91, 103, 106, and 115 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006 Introduced by: Representatives Fargen, Brunner, Conzet, Cronin, Dennert, Feickert, Gibson, Greenfield, Hawley, Hoffman, Hunhoff (Bernie), Iron Cloud III, Jones, Killer, Kirschman, Kloucek, Kopp, Lucas, Lust, Nelson (Stace), Olson (Betty), Rausch, Russell, Schaefer, Schrempp, Sigdestad, Street, Turbiville, Vanneman, Verchio, White, Wink, and Wismer and Senators Krebs, Begalka, Bradford, Brown, Frerichs, Gray, Hansen (Tom), Hundstad, Juhnke, Lederman, Maher, Nelson (Tom), Olson (Russell), Rampelberg, Rave, Rhoden, Schlekeway, Sutton, and Vehle

A CONCURRENT RESOLUTION, in opposition to certain actions by animal rights groups to undermine agricultural producers.

WHEREAS, South Dakota's rich history is primarily based on agriculture and agricultural products; and

WHEREAS, South Dakota's economy is largely based on agricultural goods and services; and

WHEREAS, agriculture has a twenty-one billion dollar impact on our state economy; and

WHEREAS, our rural heritage and future well-being depend primarily on a strong agricultural base; and

WHEREAS, animal agriculture is a critical component of South Dakota's economy and agricultural infrastructure; and

WHEREAS, farmers and ranchers understand the importance of humane treatment and care of all farm animals; and

WHEREAS, misleading information has negatively impacted the agriculture industry; and

WHEREAS, extreme animal rights organizations pose a significant risk to agricultural producers and the agricultural community in South Dakota and in the nation as a whole:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, the Senate concurring therein, opposes any attempt for any ballot initiative or acts by the Humane Society of the United States, People for the Ethical Treatment of Animals, and other animal rights groups that would undermine the livelihood of agricultural producers.

Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on HB 1051 as found on pages 293 and 294 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 68: FOR AN ACT ENTITLED, An Act to provide that no statute of limitations applies to certain rape offenses.

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

SB 76: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the retirement of justices and judges.

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

SB 86: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol consumption related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

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

SB 91: FOR AN ACT ENTITLED, An Act to allow officers of corporations to represent corporations in property tax appeals at the Office of Hearing Examiners.

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

SB 103: FOR AN ACT ENTITLED, An Act to revise the procedure for cooperatives giving notice to persons whose records are missing regarding ownership of securities, apportionment of equity interest, money, or property.

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

SB 106: FOR AN ACT ENTITLED, An Act to require the disclosure of certain public employee contracts.

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

SB 115: FOR AN ACT ENTITLED, An Act to implement the regulation of insurance coverage for portable electronic devices.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1153: FOR AN ACT ENTITLED, An Act to revise and clarify certain provisions relating to the revocation of fur dealer licenses.

Was read the second time.

The question being "Shall HB 1153 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, 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; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

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

HB 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposal of local government property.

Was read the second time.

The question being "Shall HB 1178 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 63: FOR AN ACT ENTITLED, An Act to revise the term of service of regional railroad authority commissioners.

Was read the second time.

The question being "Shall SB 63 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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 64: FOR AN ACT ENTITLED, An Act to revise provisions regulating the perfection of security interest liens filed on-line.

Was read the second time.

The question being "Shall SB 64 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1120: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the filing of claims against public improvement contracts.

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

Rep. Gosch moved that HB 1120 be laid on the table.

The question being on Rep. Gosch's motion that HB 1120 be laid on the table.

And the roll being called:

Yeas 67, Nays 3, Excused 0, 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; Killer; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Kirkeby; Kloucek; Nelson (Stace)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1120 was tabled.

HB 1128: FOR AN ACT ENTITLED, An Act to require the Board of Education to conduct public hearings before adopting certain standards.

Was read the second time.

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

And the roll being called:

Yeas 66, Nays 4, Excused 0, Absent 0

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

Nays:
Elliott; Romkema; Sigdestad; Wismer

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

HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a perpetrator's knowledge of a rape victim's age or capability to give consent.

Was read the second time.

Rep. Tornow moved that HB 1143 be amended as follows:

On page 2, line 3, of the House Judiciary Committee engrossed bill, after "hypnosis" insert ", regardless of whether or not the perpetrator knew or should have known that the victim was incapable of giving consent".

A roll call vote was requested and not supported.

Rep. Tornow's motion lost.

The question being "Shall HB 1143 pass as amended?"

And the roll being called:

Yeas 27, Nays 43, Excused 0, Absent 0

Yeas:
Brunner; Deelstra; Dennert; Greenfield; Hansen (Jon); Hawley; Hickey; Hubbel; Iron Cloud III; Jensen; Jones; Killer; Kirkeby; Kopp; Liss; Lucas; Lust; Miller; Munsterman; Nelson (Stace); Olson (Betty); Russell; Steele; Stricherz; Tornow; Van Gerpen; Venner

Nays:
Abdallah; Blake; Bolin; Boomgarden; Carson; Conzet; Cronin; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hoffman; Hunhoff (Bernie); Hunt; Kirschman; Kloucek; Magstadt; Moser; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Street; Tulson; Turbiville; Vanneman; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

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

HB 1181: FOR AN ACT ENTITLED, An Act to revise certain requirements concerning the qualifications of petition circulators.

Was read the second time.

Rep. Gosch moved that HB 1181 be laid on the table.

The question being on Rep. Gosch's motion that HB 1181 be laid on the table.

And the roll being called:

Yeas 68, Nays 2, Excused 0, 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; Killer; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Kirkeby; Nelson (Stace)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1181 was tabled.

HB 1117: FOR AN ACT ENTITLED, An Act to provide for the taking of muskrats by shooting under certain conditions.

Was read the second time.

The question being "Shall HB 1117 pass?"

And the roll being called:

Yeas 63, Nays 7, Excused 0, Absent 0

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

Nays:
Gibson; Hawley; Iron Cloud III; Kirschman; Lucas; Turbiville; White

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

HB 1223: FOR AN ACT ENTITLED, An Act to exempt from sales tax certain handling fees paid by religious organizations to approved relief agencies for the distribution of food which is provided for the assistance or relief of the poor, distressed, or underprivileged through food giveaway programs.

Was read the second time.

The question being "Shall HB 1223 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1017 pass?"

And the roll being called:

Yeas 53, Nays 17, Excused 0, Absent 0

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

Nays:
Deelstra; Greenfield; Haggar; Hansen (Jon); Hubbel; Jensen; Kirkeby; Kloucek; Kopp; Liss; Nelson (Stace); Olson (Betty); Russell; Steele; Tornow; Venner; Verchio

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.

HB 1157: FOR AN ACT ENTITLED, An Act to repeal the Governor's authority to enter the Midwestern Regional Higher Education Compact on behalf of the state, to repeal the Midwestern Regional Higher Education Compact, to provide for withdrawal of South Dakota from the compact, and to declare an emergency.

Was read the second time.

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall HB 1157 pass?"

And the roll being called:

Yeas 37, Nays 32, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Carson; Conzet; Deelstra; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel; Jensen; Kopp; Lucas; Magstadt; Miller; Moser; Nelson (Stace); Rozum; Russell; Schaefer; Scott; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink

Nays:
Boomgarden; Brunner; Cronin; Dennert; Dryden; Elliott; Fargen; Feickert; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lust; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Schrempp; Sigdestad; Sly; Street; Tornow; Wismer; Speaker Rausch

Excused:
Feinstein

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

Pursuant to Joint Rule 5-13.1, HB 1157 was up for immediate reconsideration.

Rep. Gosch moved that HB 1157 be amended as follows:

On page 9 of the printed bill, delete lines 3 to 5, inclusive.

Rep. Tornow requested that Joint Rule 5-17 be invoked on HB 1157.

Which request was not supported.

Rep. Gosch's motion prevailed.

The question being "Shall HB 1157 pass as amended?"

And the roll being called:

Yeas 36, Nays 33, Excused 1, Absent 0

Yeas:
Abdallah; Blake; Bolin; Carson; Conzet; Deelstra; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hubbel; Jensen; Kopp; Lucas; Magstadt; Miller; Moser; Nelson (Stace); Olson (Betty); Rozum; Russell; Schaefer; Scott; Solum; Steele; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Wink

Nays:
Boomgarden; Brunner; Cronin; Dennert; Dryden; Elliott; Fargen; Feickert; Hawley; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Liss; Lust; Munsterman; Novstrup (David); Perry; Romkema; Schrempp; Sigdestad; Sly; Street; Stricherz; Tornow; Willadsen; Wismer; Speaker Rausch

Excused:
Feinstein

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. Greenfield moved that the title to HB 1157 be amended as follows:

On page 1, line 4, of the printed bill, delete ", and to declare an emergency".

Which motion prevailed and the title was so amended.

HB 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the posting of public notice for meetings of public bodies.

Was read the second time.

Rep. Tulson moved that HB 1131 be amended as follows:

On page 1, line 9, of the printed bill, after the first "website" insert "upon dissemination of the notice".

Which motion prevailed.

The question being "Shall HB 1131 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

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

Nays:
Blake; Feinstein; Tornow

Excused:
Russell

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

HB 1162: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the platting and annexation of subdivisions.

Was read the second time.

The question being "Shall HB 1162 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; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Scott; 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; Kloucek

Excused:
Hubbel

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

HB 1172: FOR AN ACT ENTITLED, An Act to exempt certain developer-installed storm sewer detention ponds from public procurement bid requirements.

Was read the second time.

The question being "Shall HB 1172 pass?"

And the roll being called:

Yeas 66, Nays 3, 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; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Schrempp; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Hansen (Jon); Kloucek; Tornow

Excused:
Russell

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

HB 1263: FOR AN ACT ENTITLED, An Act to provide for mandatory HIV testing for any person convicted of prostitution or solicitation of prostitution and to provide for appropriate utilization of the test results.

Was read the second time.

The question being "Shall HB 1263 pass?"

And the roll being called:

Yeas 70, Nays 0, Excused 0, Absent 0

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

Rep. Cronin moved that SB 3, 55, 16, and 17 be deferred to Tuesday, February 7, the 16^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1212 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 HB 1247 and returns the same with the recommendation that said bill be referred to the Committee on Local Government.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1053 which was tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1204 and 1218 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Roger W. Hunt, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1014 was delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 6, 2012.

Respectfully submitted,
Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

SB 2: FOR AN ACT ENTITLED, An Act to repeal and to make style and form revisions to certain provisions related to the Department of Human Services.

SB 6: FOR AN ACT ENTITLED, An Act to authorize criminal background checks for various state employees.

SB 21: FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated provisions relating to the Department of Human Services.

SB 24: FOR AN ACT ENTITLED, An Act to require certain applicants for licensure as a health professional or a licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

And signed the same in the presence of the House.

HC 1011 Introduced by: Representatives Hoffman, Brunner, Cronin, Fargen, Hunhoff (Bernie), Kloucek, Kopp, Lust, Olson (Betty), Schaefer, Schrempp, Scott, Sigdestad, Street, Van Gerpen, and Verchio and Senators Krebs, Begalka, Frerichs, Fryslie, Hansen (Tom), Rampelberg, Rhoden, and Vehle

A LEGISLATIVE COMMEMORATION, Congratulating State Representative Kim Vanneman of Ideal, for receiving the South Dakota Corn Growers Outstanding Legislative Leadership award.

WHEREAS, Representative Kim Vanneman has represented Gregory and Tripp counties in District 26B since 2007; and

WHEREAS, while serving as chair of the House Agriculture and Natural Resources Committee of the South Dakota Legislature, Representative Vanneman has worked with representatives and leadership members to maintain the state's business-friendly status, which benefits value-added agriculture and South Dakota's agricultural economy; and

WHEREAS, Representative Vanneman has worked to ensure fair property taxes on agricultural land; and

WHEREAS, Representative Vanneman has supported legislation that encourages the use of ethanol and alternative fuels, as well as numerous initiatives to promote South Dakota agriculture and the economic well-being of this state:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the South Dakota Legislature congratulates and commends Representative Kim Vanneman for her achievements and for her commitment to South Dakota agriculture.

HC 1012 Introduced by: Representatives Kloucek, Brunner, Sly, and Van Gerpen and Senator Putnam

A LEGISLATIVE COMMEMORATION, Commending and honoring the Armour School District Board of Education, on receiving the Associated School Boards of South Dakota School Board Award of Excellence for 2012.

WHEREAS, the Armour School Board exemplifies the traits of a highly effective school board, and focuses its time and energy to improve achievement for all students; and

WHEREAS, the Armour School Board is forward-thinking and continually focused on preparing students to succeed in the twenty-first century; and

WHEREAS, the Armour School Board has exemplified how committed local leaders can impact the future of our children, our communities, and our state; and

WHEREAS, the Armour School District is breaking new ground by raising expectations for students and incorporating project-based learning, pre-kindergarten and after-school programs, and the implementation of a one-to-one laptop program for high school students; and

WHEREAS, the Armour School Board has worked closely with dedicated educators and a supportive community to keep a sharp focus on improving student learning:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that, during 2012, the Armour School Board is hereby an official representative of the state and shall continue its efforts to seek improvement of educational opportunities for the elementary and secondary students of the state.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:44 p.m. the House adjourned.

Karen Gerdes, Chief Clerk