JOURNAL OF THE HOUSE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 21, 2012

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

The prayer was offered by the Chaplain, Pastor Rolly Kemink, followed by the Pledge of Allegiance led by House pages Kaitlin Buchholz and Adam Eichten.

Roll Call: All members present except Reps. Elliott, Iron Cloud, Kloucek, Magstadt, and Schrempp 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-third day and finds that the following corrections should be made:

On page 500, line 24, after "81" delete "and" and insert ",".

On page 500, line 24, after "113" insert ", and 116".

On page 501, delete lines 1 to 4, inclusive.

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.

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

Kaitlin Buchholz, Emily Carr, Brittany Cleveland, Vanessa Cortes, Drew Dennert, Adam Eichten, Megan Foster, Makenzie Hageman, Allison Hosman, Ronni Kenyon, Ruth Latterell, Jordan Rohrbach, Nicole Romeyn, Casey Shippy, James Updike, Hannah Zylstra.

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

Speaker Rausch introduced the Honorable Kristi Noem, United States Representative from South Dakota, who spoke briefly.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 37, 46, 47, 48, 82, 84, 90, and 189 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Dean Wink, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 154, 176, 177, and 196 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Scott Munsterman, Vice Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 104 and 128 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 22 and 70 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mark Kirkeby, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1019, 1031, 1032, 1116, 1162, 1163, 1172, 1173, and 1233 and HJR 1002 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1071 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Fee Jacobsen, Secretary

MOTIONS AND RESOLUTIONS

Rep. Stricherz moved that HCR 1009 be deferred to Wednesday, February 22, the 25^th legislative day.

Which motion prevailed.

HCR 1011: A CONCURRENT RESOLUTION, Requesting that a United States Navy submarine be named the USS South Dakota.

Rep. Van Gerpen moved that HCR 1011 as found on page 504 of the House Journal be adopted.

The question being on Rep. Van Gerpen's motion that HCR 1011 be adopted.

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

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

Excused:
Brunner; Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1011 was adopted.

HCR 1012 Introduced by: Representatives Olson (Betty), Brunner, Cronin, Dennert, Fargen, Greenfield, Hansen (Jon), Hubbel, Jensen, Jones, Kirkeby, Kloucek, Kopp, Liss, Miller, Russell, Schaefer, Schrempp, Steele, Stricherz, Van Gerpen, Vanneman, Verchio, and Wink and Senators Maher, Begalka, Bradford, Brown, Frerichs, Juhnke, Rampelberg, Rhoden, and Sutton

A CONCURRENT RESOLUTION, Directing the Department of Game, Fish and Parks to return a mountain lion carcass or pelt to a certain Harding County resident and to reconsider its policy with respect to possession of mountain lion carcasses and pelts.

WHEREAS, based on state law recognizing wildlife as the property of the public and allowing licensed hunters to possess wildlife animals taken according to the terms of the license, the Department of Game, Fish and Parks will confiscate the carcasses and pelts of mountain lions that are taken outside the terms of a hunting license, regardless of any extenuating circumstances in individual situations; and

WHEREAS, SDCL 41-6-29.1 authorizes a person, licensed or unlicensed, to kill a mountain lion if reasonably necessary to protect the life of any person or if the mountain lion poses an imminent threat to the person's livestock or pets; and

WHEREAS, on November 19, 2011, a rancher from Harding County who possessed a license to hunt mountain lions was feeding his sheep when his cattle dogs disappeared. After he finished feeding, he searched for the dogs and found them barking at a mountain lion in a tree. He immediately took his .22 magnum rifle, which he keeps with him at all times, and shot the lion. He then called Game, Fish and Parks to report his kill as instructed on the license. The game warden came to the ranch and confiscated the mountain lion, even though the rancher had a valid license to hunt mountain lions. The rancher not only shot the mountain lion with a too small caliber rifle, but he also told the warden about his dogs finding the mountain lion, and state law prohibits the use of dogs in hunting mountain lions. The rancher has purchased a license to hunt mountain lions for several years because he wanted to keep the lion if he ever shot one; and

WHEREAS, in this case, the immediate circumstances of the situation made it impossible, or extremely imprudent and potentially threatening to life or property, to follow all of the requirements of the mountain lion hunting license with respect to caliber of the weapon and the presence of dogs. The person in question held a valid mountain lion hunting license, acted in a prudent manner to address what could have been an emergency situation, and reported his actions promptly and honestly to the Department of Game, Fish and Parks; and

WHEREAS, the interpretation of state statute resulting in the confiscation of the mountain lion in this instance is unfair and falls outside the spirit of the statute:

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 requests the Department of Game, Fish and Parks, in the case described in this resolution, to return the mountain lion carcass or pelt to the licensed hunter who shot the mountain lion; and

BE IT FURTHER RESOLVED, that the Legislature urges the Department of Game, Fish and Parks to reconsider its policies relating to the confiscation of mountain lions taken by licensed hunters in situations in which circumstances require immediate action to protect the safety of persons and property.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HCR 1013 Introduced by: Representatives Olson (Betty), Brunner, Greenfield, Hansen (Jon), Hubbel, Kirkeby, Liss, Miller, Russell, and Van Gerpen and Senators Rhoden, Begalka, Juhnke, and Maher

A CONCURRENT RESOLUTION, Directing the Department of Game, Fish and Parks to return a mountain lion carcass or pelt to a certain Butte County resident and to reconsider its policy with respect to possession of mountain lion carcasses and pelts.

WHEREAS, on December 25, 2011, a rancher from Butte County shot a 130-pound mountain lion in the ranch yard thirty feet from his house. He had been having a problem with raccoons, and when he saw eyes reflected in the yard light, he fired his .22, thinking it was either a raccoon or a skunk. His three-year-old granddaughter had been playing within a few feet of where he shot the mountain lion until she was called into the ranch house for supper. He held

a valid license to hunt mountain lions, and he called Game, Fish and Parks as required. The game warden confiscated the mountain lion because the caliber rifle that was used was too small and the animal was shot after dark; and

WHEREAS, in this case, the immediate circumstances of the situation made it impossible, or extremely imprudent and potentially threatening to life or property, to follow all of the requirements of the mountain lion hunting license with respect to caliber of the weapon and shooting hours. The person in question held a valid mountain lion hunting license, acted in a prudent manner to address what could have been an emergency situation, and reported his actions promptly and honestly to the Department of Game, Fish and Parks; and

WHEREAS, the interpretation of state statute resulting in the confiscation of mountain lions in this instance is unfair and falls outside the spirit of the statute:

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 29: FOR AN ACT ENTITLED, An Act to authorize the establishment of a designated Roth contribution program within the state deferred compensation plan.

Was read the second time.

The question being "Shall SB 29 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, 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; Jensen; Jones; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Miller; Schrempp

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 30: FOR AN ACT ENTITLED, An Act to allow for the development of an alternative benefit enhancement methodology within the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 30 pass as amended?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Miller; Schrempp

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 83: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to water development districts.

Was read the second time.

The question being "Shall SB 83 pass as amended?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Miller; Schrempp

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 67: FOR AN ACT ENTITLED, An Act to provide provisions that all documents filed with and maintained by the Office of the Secretary of State may be filed electronically.

Was read the second time.

The question being "Shall SB 67 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Excused:
Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Miller; Schrempp

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 137: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application for absentee voting.

Was read the second time.

Rep. Lucas requested that SB 137 be removed from the Consent Calendar.

Which request was granted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 99: FOR AN ACT ENTITLED, An Act to prohibit certain licensees or employees of a licensed establishment who have been charged with certain felony offenses from entering the licensed premises and to provide a penalty therefor.

Was read the second time.

Rep. White moved that SB 99 be amended as follows:

On page 1 of the Senate Commerce and Energy Committee engrossed bill, delete lines 9 and 10, and insert "on the licensed premises may, as a condition of bond, be prohibited from entering onto the licensed premises.".

Which motion prevailed.

The question being "Shall SB 99 pass as amended?"

And the roll being called:

Yeas 50, Nays 14, Excused 6, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hunhoff (Bernie); Hunt; Jones; Kirkeby; Kirschman; Kopp; Lucas; Lust; Miller; Moser; Munsterman; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Scott; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Fargen; Feickert; Greenfield; Hubbel; Jensen; Liss; Nelson (Stace); Olson (Betty); Russell; Sigdestad; Tornow; Venner; Wismer

Excused:
Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Schrempp

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. Gosch moved that the title to SB 99 be amended as follows:

On page 1, line 1, of the Senate Commerce and Energy Committee engrossed bill, delete "prohibit" and insert "allow".

On page 1, line 2, after "offenses" insert "to be prohibited".

On page 1, line 3, delete everything after "premises" and insert ".".

Which motion prevailed and the title was so amended.

SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the calculation of state aid to special education.

Was read the second time.

The question being "Shall SB 8 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

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

Excused:
Deelstra; Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Schrempp

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 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding educational data reporting.

Was read the second time.

Rep. Cronin moved that SB 127 be deferred to Wednesday, February 22, the 25^th legislative day.

Which motion prevailed.

SB 62: FOR AN ACT ENTITLED, An Act to allow certain alcoholic beverage licensees to charge a corkage fee for serving wine supplied by customers and to allow customers to remove a partially consumed bottle of wine from certain alcoholic beverage licensees.

Was read the second time.

The question being "Shall SB 62 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, 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; Jensen; Jones; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Schrempp

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 93: FOR AN ACT ENTITLED, An Act to provide for the withdrawal of referred measures in certain circumstances.

Was read the second time.

The question being "Shall SB 93 pass?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, 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; Jensen; Jones; Kirkeby; Kirschman; Kopp; Liss; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Lucas; Russell

Excused:
Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Schrempp

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 65: FOR AN ACT ENTITLED, An Act to revise the list of products offered to consumers by motor vehicle dealers and sales finance companies.

Was read the second time.

The question being "Shall SB 65 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, 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; Jensen; Jones; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Iron Cloud III; Killer; Kloucek; Magstadt; Schrempp

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

Was read the second time.

The question being "Shall SB 87 pass?"

And the roll being called:

Yeas 50, Nays 14, Excused 6, Absent 0

Yeas:
Abdallah; Blake; Bolin; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Feinstein; Gibson; Gosch; Haggar; Hansen (Jon); Hawley; Hickey; Hunt; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Boomgarden; Fargen; Feickert; Greenfield; Hoffman; Hubbel; Jensen; Lucas; Rozum; Russell; Tornow; Venner; Verchio; Wismer

Excused:
Elliott; Hunhoff (Bernie); Iron Cloud III; Kloucek; Magstadt; Schrempp

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 13: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to reunification and termination of parental rights.

Was read the second time.

The question being "Shall SB 13 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, 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; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp

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 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding habeas corpus and to declare an emergency.

Was read the second time.

Rep. Hunt moved that SB 42 be amended as follows:

On page 4 of the House Judiciary Committee engrossed bill, delete lines 9 to 11, inclusive.

Which motion prevailed.

The question being "Shall SB 42 pass as amended?"

And the roll being called:

Yeas 60, Nays 5, Excused 5, Absent 0

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

Nays:
Fargen; Feinstein; Hunhoff (Bernie); Jones; Killer

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp

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. Hunt moved that the title to SB 42 be amended as follows:

On page 1, line 1, of the House Judiciary Committee engrossed bill, delete "and" and insert ".".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota special pay retirement program.

Was read the second time.

The question being "Shall SB 31 pass?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Abdallah; Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp

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 20: FOR AN ACT ENTITLED, An Act to allow returns and return information to be disclosed to officers, employees, and legal representatives of the Office of the Attorney General and other state agencies and departments.

Was read the second time.

The question being "Shall SB 20 pass as amended?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

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

Nays:
Hubbel; Tornow

Excused:
Abdallah; Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp

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 73: FOR AN ACT ENTITLED, An Act to repeal the provisions regarding the assessment of real property located in a floodplain.

Was read the second time.

The question being "Shall SB 73 pass?"

And the roll being called:

Yeas 58, Nays 6, Excused 6, Absent 0

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

Nays:
Carson; Moser; Perry; Rozum; Russell; Stricherz

Excused:
Abdallah; Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp

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 100: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive payment to include qualified producers of biobutanol.

Was read the second time.

The question being "Shall SB 100 pass as amended?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, 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; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Van Gerpen; Vanneman; Venner; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Olson (Betty); Turbiville; Verchio

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp

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

SB 111: FOR AN ACT ENTITLED, An Act to revise the mining permit fees.

Was read the second time.

The question being "Shall SB 111 pass as amended?"

And the roll being called:

Yeas 54, Nays 10, Excused 6, Absent 0

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

Nays:
Blake; Fargen; Feinstein; Gibson; Hunhoff (Bernie); Kirschman; Lucas; Nelson (Stace); Stricherz; Wismer

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp; Tornow

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 81: FOR AN ACT ENTITLED, An Act to provide for a special license plate for certain persons on active duty in the military.

Was read the second time.

The question being "Shall SB 81 pass as amended?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, 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; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Liss

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp; Tornow

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 113: FOR AN ACT ENTITLED, An Act to provide for special motor vehicle license plates for recipients of the silver star medal, distinguished service cross, navy cross, air force cross, distinguished flying cross, bronze star medal with valor device, or the bronze star medal.

Was read the second time.

The question being "Shall SB 113 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, 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; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp; Tornow

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 116: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the township road system.

Was read the second time.

The question being "Shall SB 116 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, 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; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp; Tornow

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

SB 58: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning elections conducted at voting centers and to declare an emergency.

Was read the second time.

The question being "Shall SB 58 pass as amended?"

And the roll being called:

Yeas 64, Nays 1, Excused 5, Absent 0

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

Nays:
Bolin

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp

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 66: FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with the secretary of state by electronic means and to remove the notary requirements.

Was read the second time.

The question being "Shall SB 66 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, 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; Jensen; Jones; Killer; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Scott; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Elliott; Iron Cloud III; Kloucek; Magstadt; Schrempp

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 25: FOR AN ACT ENTITLED, An Act to provide for the creation of a new state accountability system and a new financial accountability rating system for public elementary and secondary schools.

Was read the second time.

Rep. Brunner moved that SB 25 be deferred to Wednesday, February 22, the 25^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 1042 and 1043 were delivered to his Excellency, the Governor, for his approval at 10:20 a.m., February 21, 2012.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1019, 1031, 1032, 1116, 1162, 1163, 1172, 1173, and 1233 and HJR 1002 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1019: FOR AN ACT ENTITLED, An Act to revise the license fee for snowmobiles and to revise the period of such license.

HB 1031: FOR AN ACT ENTITLED, An Act to establish a license fee and a renewal fee for carriers licensing under the International Fuel Tax Agreement, to establish a decal fee and a mailing fee, and to provide for the disposition of the fees.

HB 1032: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the temporary permit for a specialty license plate with an organization or first responder decal.

HB 1116: FOR AN ACT ENTITLED, An Act to exempt bedding used for agricultural purposes from sales and use taxes.

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

HB 1163: FOR AN ACT ENTITLED, An Act to allow political subdivisions of the state to operate as organizations formed under § 58-18-52 for the purchase of health insurance.

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

HB 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of the county legal expense relief program.

HB 1233: FOR AN ACT ENTITLED, An Act to provide for the public access to the records of former Governors and lieutenant governors.

HJR 1002: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session.

SB 4: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the veterans' bonus program and to declare an emergency.

SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and dentists who have complied with the requirements of the physician tuition reimbursement program and dental tuition reimbursement program and to declare an emergency.

SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcohol or drug commitments.

SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the treatment of persons with mental illness, including consent to treatment.

SB 23: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

SB 32: FOR AN ACT ENTITLED, An Act to revise the suitability requirements for annuities.

SB 35: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations and increase certain civil penalties regarding pipeline safety inspection.

SB 36: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

SB 38: FOR AN ACT ENTITLED, An Act to provide for the transfer of control of an office building in Rapid City, to make an appropriation for the construction and renovation of the office building, and to declare an emergency.

SB 45: FOR AN ACT ENTITLED, An Act to appropriate additional funds and to extend the availability of appropriations to replace storage facilities at the Cottonwood Agricultural Experiment Station.

SB 50: FOR AN ACT ENTITLED, An Act to revise the permissible uses of the cigarette fire safety standard act fund.

And signed the same in the presence of the House.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:25 p.m. the House adjourned.

Karen Gerdes, Chief Clerk