JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 16, 2012

The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House page Michaela Oleson.

Roll Call: All members present except Reps. Boomgarden, Hoffman, Jensen, Miller, Perry, and Stricherz who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-second day.

In the House Journal of the eighteenth day the following correction should be made:

On page 397, line 18, delete "and" and on line 19, delete "HJR 1001".

On page 397, after line 20, insert "Also MR. SPEAKER: The Committee on Legislative Procedure respectfully reports that HJR 1001 was delivered to his Excellency, the Secretary of State, for filing at 8:45 a.m., February 9, 2012."

All additional 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 Retirement Laws respectfully reports that it has had under consideration SB 31 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 29 and 30 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Manny Steele, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Kim Vanneman, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 20, 73, 100, and 111 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Mark K. Willadsen, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 81 ~~and~~, 113, and 116 and returns the same with the recommendation that said bills do pass.
(Journal correction: See page 517 of the House Journal.)

~~Also MR. SPEAKER:~~

The Committee on Transportation respectfully reports that it has had under consideration SB 116 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar. (Journal correction: See page 517 of the House Journal.)

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill be referred to the Committee on Commerce and Energy.

Respectfully submitted,
Mike Verchio, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 58 and 66 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 67 and 137 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Dean Wink, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1008 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1005, 1006, 1007, 1020, 1021, 1029, 1033, 1034, 1035, 1036, 1037, 1038, 1040, 1041, 1049, 1055, 1060, 1061, 1062, 1070, 1073, 1115, 1119, 1124, 1147, 1177, 1183, 1203, 1223, and 1232 which have passed the Senate without change.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 3 Introduced by: Representatives 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; Rausch; 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

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota to 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

WHEREAS, the above named served loyally as pages for the House of Representatives of the Eighty-seventh Legislative Session; and

WHEREAS, the members of the Eighty-seventh House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Rep. Sly moved that House Page Resolution 3 be adopted.

Which motion prevailed and the resolution was adopted.

Rep. Lust moved that HCR 1009 be deferred to Tuesday, February 21, the 24^th legislative day.

Which motion prevailed.

HCR 1010: A CONCURRENT RESOLUTION, Urging Congress to adopt a proposed constitutional amendment limiting federal legislation to a single subject.

Rep. Hansen moved that HCR 1010 as found on pages 483 and 484 of the House Journal be adopted.

The question being on Rep. Hansen's motion that HCR 1010 be adopted.

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1010 was adopted.

Rep. Lust moved that SB 170 be referred from the Committee on State Affairs to the Committee on Commerce and Energy.

Which motion prevailed.

HCR 1011 Introduced by: Representatives Van Gerpen, Abdallah, Blake, Bolin, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Feickert, Gosch, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Jensen, Jones, Kirkeby, 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, Tulson, Turbiville, Vanneman, Venner, Verchio, White, Wick, Willadsen, and Wismer and Senators Putnam, Adelstein, Begalka, Brown, Cutler, Fryslie, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Johnston, Juhnke, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle

A CONCURRENT RESOLUTION, Requesting that a United States Navy submarine be named the USS South Dakota.

WHEREAS, Congress and the Department of the Navy have long maintained an interest in how Navy ships are named; and

WHEREAS, names for Navy ships traditionally have been chosen and announced by the Secretary of the Navy, under the direction of the President and in accordance with rules prescribed by Congress. Rules for giving certain types of names to certain types of Navy ships have evolved over time; and

WHEREAS, currently, Virginia (SSN-774) class attack submarines are being named for states. These include the Virginia, Texas, Hawaii, North Carolina, New Mexico, and Missouri, which are all in active service. In 2011, the California was added, along with the Mississippi, Minnesota, North Dakota, and John Warner, all currently under construction; and

WHEREAS, current Midwestern states and cities that have submarines named after them include the USS North Dakota SSN-784, USS Minnesota SSN-783, USS Missouri SSN-779, USS Cheyenne SSN-773, USS Boise SSN-764, USS Wyoming SSBN-742, USS Nebraska SSBN-739, USS Helena SSN-725, USS Minneapolis/St. Paul SSN-708, and USS Omaha SSN-692:

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, that the South Dakota Legislature, together with members of the public and the United States Submarine Veterans Inc. (USSVI) Scorpion Base in Sioux Falls and Polaris Base in Rapid City, request the United States Congress and the Secretary of the Navy to support the naming of a United States Navy submarine for the State of South Dakota. Tradition, history, and honor will be maintained in naming a new United States Navy submarine after the historic battleship USS South Dakota.

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

Judiciary on SB 42 as found on page 481 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 5: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the distribution of state publications.

Was read the second time.

The question being "Shall SB 5 pass as amended?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Liss

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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 19: FOR AN ACT ENTITLED, An Act to revise the rule-making authority of the Commission on Gaming to allow the commission to authorize the executive secretary of the Commission on Gaming to take certain actions on gaming licensees.

Was read the second time.

The question being "Shall SB 19 pass?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Liss

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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 56: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating to the South Dakota Housing Development Authority.

Was read the second time.

The question being "Shall SB 56 pass?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Liss

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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 and repeal certain administrative rules relating to the South Dakota Housing Development Authority.

Was read the second time.

The question being "Shall SB 57 pass?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Liss

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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

SB 168: FOR AN ACT ENTITLED, An Act to revise the terms and expiration dates of appointees to certain boards and commissions.

Was read the second time.

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

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Liss

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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

Was read the second time.

The question being "Shall SB 115 pass as amended?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Liss

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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 39: FOR AN ACT ENTITLED, An Act to expand the definition of victim for the purposes of certain written victim impact statements.

Was read the second time.

The question being "Shall SB 39 pass?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Liss

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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 41: FOR AN ACT ENTITLED, An Act to authorize retailers to choose whether to submit pseudoephedrine purchase records electronically or in writing.

Was read the second time.

The question being "Shall SB 41 pass?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Liss

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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. Lust moved that SB 11 be placed to precede SB 107 on today's calendar.

Which motion prevailed.

SB 11: FOR AN ACT ENTITLED, An Act to authorize the Governor's Office of Economic Development to create and administer a working capital loan program.

Was read the second time.

The question being "Shall SB 11 pass as amended?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

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

Nays:
Nelson (Stace)

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding personalized motor vehicle license plates.

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

The question being "Shall SB 107 pass?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

Nays:
Wismer

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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

SB 69: FOR AN ACT ENTITLED, An Act to repeal the sunset provision on certain statutes relating to nursing homes on Indian reservations.

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

The question being "Shall SB 69 pass?"

And the roll being called:

Yeas 39, Nays 25, Excused 6, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hickey; Hunhoff (Bernie); Hunt; Iron Cloud III; Jones; Killer; Kirkeby; Kirschman; Kloucek; Lucas; Magstadt; Moser; Munsterman; Nelson (Stace); Olson (Betty); Rozum; Russell; Schrempp; Sigdestad; Street; Tulson; White; Wink; Wismer; Speaker Rausch

Nays:
Conzet; Cronin; Gosch; Greenfield; Haggar; Hansen (Jon); Hubbel; Kopp; Liss; Lust; Novstrup (David); Romkema; Schaefer; Scott; Sly; Solum; Steele; Tornow; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; Wick; Willadsen

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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 72: FOR AN ACT ENTITLED, An Act to regulate persons offering speech-language pathology to the public.

Was read the second time.

The question being "Shall SB 72 pass as amended?"

And the roll being called:

Yeas 53, Nays 11, Excused 6, Absent 0

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

Nays:
Greenfield; Hubbel; Kopp; Liss; Nelson (Stace); Olson (Betty); Russell; Steele; Tulson; Venner; Verchio

Excused:
Boomgarden; Hoffman; Jensen; Miller; Perry; Stricherz

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.

Rep. Lust moved that SB 8, 127, 62, 93, 65, 87, and 13 be deferred to Tuesday, February 21, the 24^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 Legislative Procedure respectfully reports that HB 1009, 1010, 1026, 1027, 1028, 1044, and 1075 were delivered to his Excellency, the Governor, for his approval at 11:30 a.m., February 16, 2012.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1005, 1006, 1007, 1020, 1021, 1029, 1033, 1034, 1035, 1036, 1037, 1038, 1040, 1041, 1049, 1055, 1060, 1061, 1062, 1070, 1073, 1115, 1119, 1124, 1147, 1177, 1183, 1203, 1223, and 1232 and finds the same correctly enrolled.

Respectfully submitted,
Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the excuse from attendance of children receiving alternative instruction.

HB 1006: FOR AN ACT ENTITLED, An Act to revise certain outdated and obsolete provisions regarding the Department of Education.

HB 1007: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete statutes regarding the Department of Education.

HB 1020: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell the Marcotte Tract located within the Marcotte Game Production Area in Meade County to the City of Sturgis.

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the rights of victims of crime.

HB 1029: FOR AN ACT ENTITLED, An Act to authorize the publication of the names of certain delinquent taxpayers.

HB 1033: FOR AN ACT ENTITLED, An Act to clarify certain requirements relating to insurance examinations.

HB 1034: FOR AN ACT ENTITLED, An Act to revise the circumstances under which alterations may be made to certain insurance applications.

HB 1035: FOR AN ACT ENTITLED, An Act to allow the disclosure of the status of certain insurance investigations and examinations.

HB 1036: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions and penalties related to the regulation of grain warehouses, grain buyers, and warehouse receipts.

HB 1037: FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture mediation program.

HB 1038: FOR AN ACT ENTITLED, An Act to increase the penalty for leaving the brand inspection area without necessary inspection and authorization.

HB 1040: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

HB 1041: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2012 state aid to special education appropriation to fiscal year 2013 for the purpose of maintaining federal maintenance of effort levels.

HB 1049: FOR AN ACT ENTITLED, An Act to add certain definitions regarding the Department of the Military.

HB 1055: FOR AN ACT ENTITLED, An Act to allow for joint physical custody orders after a court awards joint legal custody if in the best interest of the child.

HB 1060: FOR AN ACT ENTITLED, An Act to permit a probationer who is a registered sex offender to reside in an assigned halfway house or supervised living center within a community safety zone.

HB 1061: FOR AN ACT ENTITLED, An Act to amend certain provisions related to interpreter services in the court system.

HB 1062: FOR AN ACT ENTITLED, An Act to clarify the supporting documentation necessary for a request to implement the standard visitation guidelines.

HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the certificate of health requirement for the importation of animals.

HB 1073: FOR AN ACT ENTITLED, An Act to prohibit certain indemnity provisions in motor carrier transportation contracts.

HB 1115: FOR AN ACT ENTITLED, An Act to exempt certain contracts from the competitive bidding requirements for water user districts.

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning mechanical pull-tab devices.

HB 1124: FOR AN ACT ENTITLED, An Act to permit a school district, at the discretion of the school district, to pay the fees charged for any criminal background investigation that is required by law for a prospective employee.

HB 1147: FOR AN ACT ENTITLED, An Act to remove the individual liability of a school board member who authorizes the making of a void contract, check or registered warrant.

HB 1177: FOR AN ACT ENTITLED, An Act to establish provisions to exempt breastfeeding mothers or new parents from jury duty.

HB 1183: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts for physical and occupational therapy services.

HB 1203: FOR AN ACT ENTITLED, An Act to revise auditing requirements for water development districts.

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.

HB 1232: FOR AN ACT ENTITLED, An Act to repeal the South Dakota Commission on Health Care.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 2:17 p.m. the House adjourned.

Karen Gerdes, Chief Clerk