House of Representatives Journal 2/18/2009 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 18, 2009

The House convened at 2:00 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 pages Tessa Lueth and Ashley Schilling.

Roll Call: All members present except Rep. Elliott who was excused.

APPROVAL OF THE JOURNAL

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.

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,

Timothy A. Rave, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 18, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 17, 2009, I approved House Bills 1001, 1066, 1088, 1114, 1115, 1116, and 1133, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

The Committee on Education respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 12, of the printed bill, delete " a recognized accrediting agency " and insert " an accrediting agency recognized by the United States Department of Education and is offering transferable courses and programs under an affiliation agreement with an institution accredited by the same agency ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1297 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. That § 13-6-85 be amended to read as follows:

13-6-85. A boundary change, affecting not more than two percent of the assessed valuation and not more than two percent of the tax-exempt acreage or other tax-exempt property to be determined at the discretion of the school district from which the area is to be taken, A minor change to a school district boundary may only be initiated within two years after the boundaries of the affected school districts were changed as the result of school district reorganization or as the result of a boundary change made pursuant to § 13-6-84.2 or other boundary change made pursuant to this title. The aggregate value of the lands taken from a school district through minor boundary changes during the two-year period may not exceed two percent of the assessed valuation of the school district, and the aggregate acreage of all tax exempt property taken from the school district during the two-year period may not exceed two percent of the tax exempt acreage in the school district.

A minor boundary change may be made upon an application for a minor boundary change to the school board of the school district from which the area is to be taken ~~and to the school board of the school district to which the area is to be annexed~~ , in the form of a petition signed by all of the owners of land, excluding land owned by the state or any other political subdivision in the area to be transferred by the minor boundary change. If the school board of the school district from which the area is to be taken approves the petition, the petitioners shall forward it to the school board of the school district to which the area is to be annexed. If that school board approves, the minor boundary change is made. Copies of the petitions shall also be delivered by the petitioners to the board of county commissioners having jurisdiction over the school districts affected. Any petitioner who is aggrieved by a decision of the school board under this section may appeal that decision.

An appeal from the decision of the school board under this section may be made to the circuit court in the time and manner specified by § 13-46-1 or to the secretary of the Department of Education or the secretary's representative within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education. An appeal to the secretary of the Department of Education may be heard by the secretary or the secretary's representative. The secretary of the Department of Education shall thereafter set a time and place for the hearing and give at least ten days' written notice of the hearing to the parties involved in the appeal, including all affected school districts. An appeal to the secretary is not a contested case subject to chapter 1-26. An appeal from the decision of the secretary may be made pursuant to § 13-6- 89. On appeal from a decision of the secretary, the appeal shall be heard and determined in the same manner as a direct appeal from the school board decision pursuant to § 13-6-89 and chapter 13-46 without any presumption of the correctness of the decision of the secretary nor may the provisions of § 1-26-36 be applied to the decision of the secretary. Nothing in this section affects the right of an aggrieved party to appeal from the decision of the school board to the circuit court. "

On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "restrict the use of minor adjustments to school district boundaries and to revise the application process for minor boundary changes.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1257 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1301 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 14 to 16, inclusive, and insert:

" Section 7. For the purpose of protecting and promoting the economic impact of Ellsworth Air Force Base and associated industry, and to promote the health and safety of those living or working near the base, the authority may exercise the following powers:".

On page 2, line 17, delete "(2)" and insert "(1)".

On page 2, line 19, delete "(3)" and insert "(2)".

On page 2, line 20, delete "(4)" and insert "(3)".

On page 2, line 21, delete "(5)" and insert "(4)".

On page 2, line 22, delete "(6)" and insert "(5)".

On page 2, line 24, delete "(7)" and insert "(6)".

On page 3, line 1, delete "(8)" and insert "(7)".

On page 3, line 4, delete "(9)" and insert "(8)".

On page 3, line 6, delete "(10)" and insert "(9)".

On page 3, line 9, delete "(11)" and insert "(10)".

On page 3, line 12, delete "(12)" and insert "(11)".

On page 3, line 12, after "any" insert "private or".

On page 3, line 13, before "public purposes" insert "private or".

On page 3, line 16, delete "(13)" and insert "(12)".

On page 3, line 20, delete "(14)" and insert "(13)".

On page 3, line 22, delete "(15)" and insert "(14)".

On page 4, line 4, delete "(16)" and insert "(15)".

On page 4, line 9, delete "(17)" and insert "(16)".

On page 4, line 14, delete "(18)" and insert "(17)".

On page 4, line 23, delete "(19)" and insert "(18)".

On page 4, line 24, after "agency" insert "or political subdivision".

On page 5, line 1, delete "(20)" and insert "(19)".

On page 5, line 3, delete "(21)" and insert "(20)".

On page 5, line 5, delete "(22)" and insert "(21)".

On page 5, line 5, delete "Acquire" and insert "Purchase from a willing seller".

On page 5, line 11, delete "(23)" and insert "(22)".

On page 5, delete lines 16 to 23, inclusive, and insert:

"

(23) Acquire by eminent domain, in accordance with chapter 21-35, any private property that falls within the boundaries of Ellsworth Air Force Base, or property described in the 1994 United States Department of Defense approved Ellsworth Air Force Base Air Installation Compatible Use Zone Study as a clear zone or an accident potential zone one or two, or property located within the noise contours identified by the study, but only as necessary for the authority's purposes to establish a compatible land use as provided for in the study;".

On page 5, line 24, delete "(25)" and insert "(24)".

On page 5, line 24, after "agencies" insert "or political subdivisions".

On page 6, line 2, after ";" insert "and".

On page 6, line 3, delete "(26)" and insert "(25)".

On page 6, line 3, delete "sell,".

On page 6, line 5, after "Base" insert ", the city of Box Elder,".

On page 6, line 6, delete ";" and insert ". However, the authority may not provide wastewater treatment service to any property located within any municipality's subdivision jurisdiction as defined in § § 11-6-26 and 9-4-14 without first obtaining the municipality's consent.".

On page 6, delete lines 7 to 11, inclusive.

On page 13, line 9, after "agency" insert "or political subdivision".

On page 13, after line 10, insert:

" Section 26. Nothing in this Act limits any power granted to any municipality or county government nor creates any police or taxing power in the authority.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 79 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1286 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1037 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That subdivision (2) of section 2 of chapter 29 of the 2008 Session Laws be amended to read as follows:

(2) The chemistry building ~~replacement~~ addition and partial renovation at the South Dakota School of Mines and Technology in Rapid City, South Dakota, for an estimated cost of seventeen million nine hundred fifty-seven thousand seven hundred dollars of which ten million dollars shall be provided from proceeds of bonds issued pursuant to subdivision (4) of section 3 of chapter 110 of the 2005 Session Laws and not to exceed forty-eight thousand two hundred fifty-two gross square feet ;

Section 2. That subdivision (3) of section 2 of chapter 29 of the 2008 Session Laws be amended to read as follows:

(3) The paleontology building at the South Dakota School of Mines and Technology in Rapid City, South Dakota, for an estimated cost of seven million sixty-three thousand nine hundred sixty-three dollars and not to exceed thirty-five thousand gross square feet ;

Section 3. That section 7 of chapter 29 of the 1008 Session Laws be amended to read as follows:

Section 7. Rental payments under the terms of the lease authorized in section 8 6 of this Act shall be paid from appropriations to be made by the Legislature for the payment of such rent to support the purpose and the payment of bonds issued to cover up to thirty-two million five hundred thousand dollars of construction costs authorized in section 1 of this Act. Rental payments under the terms of the lease authorized in section 8 6 of this Act shall be paid from higher education facility fees or from special student fees assessed by the Board of Regents for the payment of bonds issued to cover up to forty-two million dollars of construction costs authorized in section 1 of this Act.

Section 4. That chapter 29 of the 2008 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

Section 8. Notwithstanding any other restriction in this Act to the contrary, the total project cost authorized for the projects identified in subdivisions (2) and (3) of section 2 of this Act may be increased by donations and grants received by the Board of Regents for the purposes of this Act, and the Building Authority and the Board of Regents are hereby authorized to expend such grants and donations for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services and improvements as may be required to erect the improvements authorized in subdivisions (2) and (3) of section 2 of this Act. However, no adjustments to any cost estimate may exceed one hundred twenty-five percent of the authorized expenditure authority stated in subdivisions (2) and (3) of section 2 of this Act or one hundred ten percent of the gross square footage authorized by subdivisions (2) and (3) of section 2 of this Act; provided that increases in gross square footage estimates may be made only to accommodate design changes needed to comply with building code requirements, to address unforeseeable structural, subsoil, or environmental conditions, or to accommodate building program changes in the facility design plan.

Section 5. That section 1 of chapter 99 of the 2008 Session Laws be amended to read as follows:

Section 1. The Board of Regents may contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services and improvements as may be required to erect, a student athlete development center , not to exceed thirty thousand gross square feet, on the campus of South Dakota State University in Brookings, in Brookings County, at an estimated cost of six million dollars.

Section 6. That section 2 of chapter 99 of the 2008 Session Laws be amended to read as follows:

Section 2. ~~There is hereby appropriated~~ The Board of Regents is hereby authorized to expend the sum of six million dollars ($ 6,000,000 ), or so much thereof as may be necessary, of other fund expenditure authority, payable from funds donated for the purposes of this Act, ~~to the Board of Regents~~ for the ~~construction~~ total project cost authorized by this Act.

Section 7. That chapter 99 of the 2008 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

Section 4. Notwithstanding any other restriction in this Act to the contrary, the total project cost may be increased based on the receipts of grants or donations received pursuant to this Act. However, no adjustment to any cost estimates authorized by this Act may exceed one hundred twenty-five percent of the authorized expenditure authority stated in section 2 of this Act or one hundred ten percent of the gross square footage authorized by this Act; provided that increases in gross square footage estimates may be made only to accommodate design changes needed to comply with building code requirements, to address unforeseeable structural, subsoil, or environmental conditions, or to accommodate building program changes in the facility design plan.

Section 8. For the purposes of this Act, the term, gross square footage, means the sum of all areas on all floors of a building included within the outside faces of the building's exterior walls, including floor penetration areas, however insignificant, for circulation and shaft areas that connect one floor to another as computed by physically measuring or scaling measurements from the outside faces of exterior walls, disregarding cornices, pilaster, buttresses, etc., which extend beyond the wall faces. The term includes excavated basement area; mezzanines, penthouses, and attics; garages; multiple floor parking structures; enclosed porches, inner or outer balconies whether walled or not, if the balconies are utilized for operational functions; and corridors whether walled or not, if the corridors are within the outside face lines of the building, to the extent of the roof drip line and the footprints of stairways, elevator shafts, and ducts on each floor through which the corridors pass. The term does not include open areas such as unenclosed parking lots, playing fields, courts, and light wells, clear span areas not exceeding three feet in height, or portions of upper floors eliminated by rooms or lobbies that rise above single-floor height.

Section 9. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

On the previously adopted amendment (1074md), between Sections 6 and 7, insert:

Section 7. That section 1 of chapter 93 of the 2006 Session Laws be amended to read as follows:

Section 1. The Board of Regents may contract for the construction, completion, furnishing, equipping, and maintaining of, including heating air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, asbestos abatement, and such other services as may be required to construct, a new dairy manufacturing plant at South Dakota State University in Brookings, in Brookings County, at an estimated cost of ~~four million dollars~~ five million eight hundred fifty-two thousand dollars and which may not exceed twenty-three thousand nine hundred fifty-two gross square feet .

Section 8. That chapter 93 of the 2006 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any other restriction in this Act to the contrary, the total project cost authorized for the projects identified in section 1 of this Act may be increased by donations and grants received by the Board of Regents for the purposes of this Act, and the Board of Regents is hereby authorized to expend such grants and donations for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services and improvements as may be required to erect the dairy manufacturing plant. However, no adjustments to any cost estimate may exceed one hundred twenty-five percent of the authorized expenditure authority stated in section 1 of this Act or one hundred ten percent of the gross square footage authorized by section 1 of this Act; provided that increases in gross square footage estimates may be made only to accommodate design changes needed to comply with building code requirements, to address unforeseeable structural, subsoil, or environmental conditions, or to accommodate building program changes in the facility design plan.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1183 and returns the same with the recommendation that said bill be amended as follows:

On page 4, between lines 2 and 3 of the printed bill, insert:

" Section 9. Notwithstanding any other restriction in this Act to the contrary, the total project cost authorized for the project identified in sections 4 and 5 of this Act may be increased by donations and grants received by the Board of Regents for the purposes of this Act, and the Building Authority and the Board of Regents are hereby authorized to expend such grants and donations for the construction, completion, furnishing, equipping, and maintaining of, including heating, air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services and improvements as may be required to erect. However, no adjustments to any cost estimate may exceed one hundred twenty-five percent of the authorized expenditure authority stated in sections 4 and 5 of this Act or one hundred ten percent of the gross square footage authorized by sections 4 and 5 of this Act; provided that increases in gross square footage estimates may be made only to accommodate design changes needed to comply with building code requirements, to address unforeseeable structural, subsoil, or environmental conditions, or to accommodate building program changes in the facility design plan.".

On page 4, after line 16 of the printed bill, insert:

" Section 11. The expenditures authorized by this Act shall be solely for the purposes of providing a site for the operation of instructional, research and service programs delivered through institutions established by the Legislature and governed by the Board of Regents. The Board of Regents may only use the property for the primary purpose of education or research. It is the intent of the Board of Regents and the Eighty-fourth Legislature that the Board of Regents may not without express legislative authorization:

(1) Organize the programs delivered at this site into a separate degree-granting institution;

(2) Erect student residence facilities on the site;

(3) Construct facilities on the site for use as intercollegiate athletic practice or competition;

(4) Establish intercollegiate athletic teams at the site;

(5) Sell any portion of the property acquired pursuant to this Act unless the property is appraised and advertised and offered for sale at public auction. No portion of the property may be sold except at public sale and for an amount less than the appraised value;

(6) Offer courses taught on the property at any rate other than the self-support tuition rate;

(7) Lease for nonagricultural purposes more than ten percent of the surface area of the property to third parties;

(8) Lease to third parties more than ten percent of the useable space within any building constructed with state funds appropriated by the Legislature; or

(9) Permit any free-standing commercial facility to be constructed on the property or any commercial facility to be located within any building constructed with state funds unless the commercial facility is reasonably needed to meet the convenience and needs of the students and instructors using the building.".

And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1146 and 1208 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1168 and 1230 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1010, 1013, 1014, 1019, 1020, 1062, and 1139 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1058 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also 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 transmit herewith SB 21, 77, 98, 106, 123, 140, 151, 178, 187, 188, and 190 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1009: A CONCURRENT RESOLUTION, Endorsing the federal Homeowners and Bank Protection Act.

Rep. Lange moved that HCR 1009 as found on pages 386 and 387 of the House Journal be adopted.

The question being on Rep. Lange's motion that HCR 1009 be adopted.

And the roll being called:

Yeas 4, Nays 65, Excused 1, Absent 0

Yeas:
Iron Cloud III; Lange; Street; Wismer

Nays:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Speaker Rave

Excused:
Elliott

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

Yesterday, Rep. Lucas announced his intention to reconsider the vote by which HB 1239 lost.

Rep. Lucas moved that the House do now reconsider the vote by which HB 1239 lost.

The question being on Rep. Lucas's motion to reconsider the vote by which HB 1239 lost.

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Blake; Bolin; Brunner; Burg; Carson; Dennert; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Wink; Wismer; Speaker Rave

Nays:
Boomgarden; Cronin; Curd; Cutler; Deadrick; Dreyer; Gosch; Greenfield; Hunt; Kopp; Krebs; Novstrup (David); Peters; Rausch; Solum; Tidemann; Van Gerpen; Vanneman; Verchio

Excused:
Elliott

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1239 was up for reconsideration and final passage.

HB 1239 will be placed on the calendar of Thursday, February 19^th, the 25^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Faehn moved that the reports of the Standing Committees on

Transportation on HB 1121 as found on pages 383 and 384 of the House Journal ; also

Taxation on HB 1009 as found on pages 384 and 385 of the House Journal ; also

Taxation on HB 1276 as found on page 385 of the House Journal ; also

Local Government on HB 1253 as found on page 400 of the House Journal ; also

Local Government on HB 1275 as found on page 400 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 21: FOR AN ACT ENTITLED, An Act to impose a fuel excise tax on ethyl alcohol and methyl alcohol used in motor vehicles on the public roads and highways, to repeal the fuel excise tax on ethanol blends and E85 and M85, and to revise certain provisions regarding the fuel excise tax.

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

SB 77: FOR AN ACT ENTITLED, An Act to repeal the maximum number of off-sale alcoholic beverage licenses that may be issued to any person, corporation, or business entity and to establish requirements for physical barriers for certain off-sale alcoholic beverage establishments.

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

SB 98: FOR AN ACT ENTITLED, An Act to revise the minimum amount required for reporting damage to a motor vehicle and a boat.

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

SB 106: FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to general education formula, to set a maximum per student allocation for school districts with an excess general fund balance, and to require the Legislature to estimate general fund revenues for the current fiscal year and the next fiscal year.

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

SB 123: FOR AN ACT ENTITLED, An Act to revise certain evidentiary rules relating to the statements of children.

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

SB 140: FOR AN ACT ENTITLED, An Act to allow school districts to enter into contractual agreements to provide for the whole-grade sharing of students.

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

SB 151: FOR AN ACT ENTITLED, An Act to provide for a special motor vehicle license plate for parents of members of the United States Armed Forces who died while in service of this country.

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

SB 178: FOR AN ACT ENTITLED, An Act to limit the amount that may be claimed in liens.

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

SB 187: FOR AN ACT ENTITLED, An Act to allow the merger or consolidation of a cooperative and its subsidiary.

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

SB 188: FOR AN ACT ENTITLED, An Act to provide for the appointment of members of the State Brand Board by district.

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

SB 190: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1263: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning compensation for service rights of electric utilities in areas annexed by municipalities.

Was read the second time.

The question being "Shall HB 1263 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott

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

Rep. Faehn moved that HB 1281 be placed to follow HB 1228, HB 1270 be placed to follow HB 1234, and HB 1200 and 1201 be placed to follow HB 1281 on today's calendar.

Which motion prevailed.

HB 1234: FOR AN ACT ENTITLED, An Act to revise the filing deadlines for the nomination of certain independent candidates.

Was read the second time.

The question being "Shall HB 1234 pass?"

And the roll being called:

Yeas 52, Nays 17, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Cronin; Curd; Cutler; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Speaker Rave

Nays:
Blake; Bolin; Burg; Carson; Deadrick; Feinstein; Gosch; Iron Cloud III; Kirschman; Lange; Lucas; Noem; Nygaard; Steele; Street; Wink; Wismer

Excused:
Elliott

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 1270: FOR AN ACT ENTITLED, An Act to change the purpose of the veterans affairs special revenue fund.

Was read the second time.

The question being "Shall HB 1270 pass as amended?"

And the roll being called:

Yeas 55, Nays 14, Excused 1, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Fargen; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Blake; Dennert; Engels; Feickert; Feinstein; Frerichs; Gibson; Kirschman; Nygaard; Schrempp; Solberg; Street; Thompson; Vanderlinde

Excused:
Elliott

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 1025: FOR AN ACT ENTITLED, An Act to revise the basic salary schedule for county veteran's service officers.

Was read the second time.

The question being "Shall HB 1025 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott

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 1031: FOR AN ACT ENTITLED, An Act to increase the maximum allowable expense for erecting certain veteran's grave markers and headstones.

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Excused:
Elliott

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 1224: FOR AN ACT ENTITLED, An Act to place certain restrictions on state participation in a national animal identification system.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall HB 1224 pass as amended?"

And the roll being called:

Yeas 35, Nays 34, Excused 1, Absent 0

Yeas:
Blake; Brunner; Carson; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Lange; Lucas; McLaughlin; Moser; Noem; Nygaard; Olson (Betty); Pitts; Russell; Schrempp; Sly; Solberg; Steele; Thompson; Turbiville; Vanderlinde; Verchio; Wink

Nays:
Bolin; Boomgarden; Burg; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Gibson; Hoffman; Hunt; Juhnke; Krebs; Lederman; Lust; Novstrup (David); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Schlekeway; Solum; Sorenson; Street; Tidemann; Van Gerpen; Vanneman; Wismer; Speaker Rave

Excused:
Elliott

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

Rep. Russell announced his intention to reconsider the vote by which HB 1224 lost.

HB 1241: FOR AN ACT ENTITLED, An Act to provide for the delivery of special education or special education and related services to a child during the child's transition from one state school district to another.

Was read the second time.

Rep. Feinstein moved that HB 1241 be amended as follows:

On page 1, line 11, of the House Education Committee engrossed bill, after "follow" insert "to the extent possible".

Which motion prevailed.

The question being "Shall HB 1241 pass as amended?"

And the roll being called:

Yeas 40, Nays 28, Excused 2, Absent 0

Yeas:
Blake; Burg; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Fargen; Feickert; Feinstein; Frerichs; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Lange; Lederman; Lucas; McLaughlin; Moser; Olson (Ryan); Peters; Romkema; Russell; Schrempp; Sly; Solberg; Steele; Thompson; Tidemann; Vanderlinde; Wink

Nays:
Bolin; Boomgarden; Brunner; Carson; Faehn; Gibson; Greenfield; Hunt; Juhnke; Krebs; Lust; Noem; Novstrup (David); Olson (Betty); Pitts; Putnam; Rausch; Rounds; Schlekeway; Solum; Sorenson; Street; Turbiville; Van Gerpen; Vanneman; Verchio; Wismer; Speaker Rave

Excused:
Elliott; Nygaard

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 1033: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of an addition to the admissions area of the George S. Mickelson Center for the Neurosciences at the Human Services Center.

Was read the second time.

The question being "Shall HB 1033 pass as amended?"

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Curd; Cutler; Deadrick; Dennert; Dreyer; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Cronin; Engels; Gosch; Peters; Sorenson

Excused:
Elliott; Nygaard; 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.

HB 1048: FOR AN ACT ENTITLED, An Act to increase the transfer from the water and environment fund, and increase the solid waste management fee, mining license and permit fees, water right filing and permit application fees, and well driller and pump installer license fees, all of which are deposited in the environment and natural resources fee fund.

Was read the second time.

The question being "Shall HB 1048 pass as amended?"

And the roll being called:

Yeas 55, Nays 13, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Faehn; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Blake; Burg; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Russell; Sorenson; Vanderlinde; Verchio

Excused:
Elliott; Nygaard

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 1140: FOR AN ACT ENTITLED, An Act to make an appropriation from the railroad trust fund for the construction of a railroad siding.

Was read the second time.

Rep. Faehn moved that the balance of the calendar including HB 1140, 1173, 1260, 1268, 1246, 1227, 1228, 1281, 1200, and 1201 and SB 1, 51, 40, and 69 be deferred to Thursday, February 19^th, the 25^th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that HB 1011, 1041, 1042, 1053, 1084, 1089, 1092, and 1097 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 18, 2009.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1010, 1013, 1014, 1019, 1020, 1062, and 1139 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the imposition of sales and use tax on telecommunications services and ancillary services.

HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the South Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota special pay retirement program.

HB 1014: FOR AN ACT ENTITLED, An Act to revise certain restrictions on the purchase of certain credited service by members of the South Dakota Retirement System.

HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions and procedures regarding elections.

HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance requirements.

HB 1062: FOR AN ACT ENTITLED, An Act to increase the reward for certain information regarding livestock thefts.

HB 1139: FOR AN ACT ENTITLED, An Act to repeal certain obsolete provisions relating to the discontinuance of county homes.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1011 Introduced by: The Members of the Eighty-Fourth Legislative Session

A LEGISLATIVE COMMEMORATION, Recognizing and honoring the accomplishment of Alexandra Hoffman in her quest to be Miss America.

WHEREAS, Alexandra Hoffman of South Dakota State University, daughter of Charlie and Holly Hoffman of Eureka, South Dakota, has competed in the highly esteemed Miss America Competition; and

WHEREAS, Alexandra has put forth exceptional effort in life in her past accomplishments of Miss Brookings, Miss South Dakota State University, and Miss South Dakota; and

WHEREAS, Alexandra majors in broadcast journalism with a minor in sociology, and has shown academic prowess in this line of study by achieving the honor of the Dean's List; and

WHEREAS, Alexandra has also excelled in extracurricular activities. She is a member of the South Dakota State University Swimming and Diving Team and holds five individual records as well as four relay records. She was voted Most Valuable for the 2007-2008 Season by her teammates:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fourth Legislature of the State of South Dakota, that Alexandra Hoffman be recognized and congratulated for her work and dedication in her pursuit of the Miss America Crown.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:48 p.m. the House adjourned.

Karen Gerdes, Chief Clerk