JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



TWENTY-FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 19, 2009

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

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House pages Emma Heggen and Zachary Rogen.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-fourth 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 19, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 18, 2009, I approved House Bills 1011, 1041, 1042, 1053, 1084, 1089, 1092, and 1097, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 19 and 109 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 20 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

                                                Respectfully submitted,
Timothy Rave, Vice Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1240 and returns the same with the recommendation that said bill be amended as follows:

1240js

     On page 2, line 11 of the printed bill, after "provisions" insert "of sections 1 to 3, inclusive,".

     On page 2, between lines 12 and 13, insert:

"      Section 5. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(6) or (7), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall be posted as a smoking room.

     Section 6. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements:

             (1)    Generates ten percent or more of its annual gross income from the sale of cigars. For the purposes of this section, a cigar is any individual roll of tobacco that has a wrapper or cover consisting only of tobacco, that measures a number forty ring size or larger, and that is sold without a filter;

             (2)    Has a humidor on the premises; and

             (3)    Is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas.

     Any establishment meeting the requirements of this section may permit the smoking of cigars and any premium tobacco product purchased on the premises. However, no establishment may permit the smoking of any other tobacco product on the premises. The establishment shall post a notice of the prohibition.

     Any establishment meeting the requirements of this section shall annually report to the Department of Revenue and Regulation, on a form prescribed by the department, the revenue generated from the sale of cigars as a percentage of annual gross income.

     Section 7. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any retail tobacco store that meets the following requirements:

             (1)    Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products;

             (2)    Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors; and

             (3)    Does not allow the consumption of alcoholic beverages on the premises.

     Any retail tobacco store meeting the requirements of this section shall annually report to the Department of Revenue and Regulation, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income.".

1240rc

     On page 1, line 8, of the printed bill, delete "Class 2 misdemeanor" and insert "petty offense".

1240jm

     On page 2, between lines 12 and 13 of the printed bill, insert:

"
     Section 5. The provisions of sections 1 to 3, inclusive, of this Act do not apply to any licensee pursuant to chapter 42-7B.".


    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 HB  1199 which was tabled.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1226 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1007 and returns the same with the recommendation that said bill be amended as follows:

1007oa

     On page 3, after line 2 of the printed bill, insert:

"      Section 4. That § 32-5-30 be repealed.

     32-5-30.   If any noncommercial motor vehicle, according to the manufacturer's model year designation, is five years old or more on January first of the year for which a license fee is required, such fee shall be seventy percent of the fee ordinarily prescribed.

     Section 5. That § 32-9-15 be amended to read as follows:

     32-9-15.   In consideration of the unusual use of the public highways, each person, except as otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this state as a motor carrier, shall annually pay the commercial motor vehicle fee as follows, to the county treasurer of the county of which he the person is a resident, if a carrier of property; or to the Department of Revenue and Regulation, if he the person is not a resident of this state:

             (1)      Gross weight under 4000 pounds, eighty-five dollars;

             (2)      Gross weight of 4001 to 6000 pounds, one hundred dollars;

             (3)      Gross weight of 6001 to 8000 pounds, one hundred fifteen dollars;

             (4)      Gross weight of 8001 to 10,000 pounds, one hundred thirty dollars;

             (5)      Gross weight of 10,001 to 12,000 pounds, one hundred fifty dollars;

             (6)      Gross weight of 12,001 to 14,000 pounds, one hundred seventy-five dollars;

             (7)      Gross weight of 14,001 to 16,000 pounds, two hundred dollars;

             (8)      Gross weight of 16,001 to 18,000 pounds, two hundred twenty-five dollars;

             (9)      Gross weight of 18,001 to 20,000 pounds, two hundred fifty dollars;

             (10)      For each additional 2000 pounds or major fraction thereof in excess of 20,000 pounds, forty dollars.

             (11)      For each vehicle or combination of vehicles as defined in § 32-22-10 with a gross weight in excess of 78,000 pounds, seven dollars in addition to the fee schedule above.

     If any commercial motor vehicle, according to the manufacturer's model year designation, is five years old or more on January first of the year for which a license fee is required, that fee is ninety percent of the fee ordinarily prescribed. ".

1007ota

     On page 1, line 1, of the printed bill, after "noncommercial" insert "and commercial".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill be amended as follows:

17oa

     On page 4, line 17, of the Senate Transportation Committee engrossed bill, overstrike "Class 2" and insert " Class 1 ".

    And that as so amended said bill do pass.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1038, 1237, and 1271 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1130, 1178, and 1247 which were tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1072 and returns the same with the recommendation that said bill be amended as follows:

1072fb

     On page 1 of the printed bill, delete lines 5 to 9, inclusive.

1072fa

     On page 1 of the printed bill, delete lines 10 to 15, inclusive.

     On page 2, delete line 1.

1072fc

     On page 2 of the printed bill, delete lines 2 to 9, inclusive.

     On page 5, delete lines 9 to 16, inclusive.

1072fd

     On page 2 of the printed bill, delete lines 10 to 17, inclusive.

1072fe

     On page 4 of the printed bill, delete lines 22 to 24, inclusive.

     On page 5, delete lines 1 to 8, inclusive.

1072fta

     On page 1, line 1, of the printed bill, delete everything after "Act to" .

     On page 1, line 2, delete "tax and to".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill be amended as follows:

1229fg
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That §   10-45D-2 be amended to read as follows:

     10-45D-2.   There is hereby imposed a tax of one and one-half percent on the gross receipts from any lodging establishment, campground, motor vehicle rental, visitor attraction, recreational equipment rental, recreational service, spectator event, and visitor-intensive business. The tax imposed by this section on the gross receipts of any visitor-intensive business shall apply to the gross receipts received by such business during the months of June, July, August, and September. The tax imposed by this section is in addition to any other tax imposed by chapters 10-45 and 10-46. Tangible personal property, any product transferred electronically, services, and admissions are subject to the tax imposed by this section only if subject to tax by chapters 10-45 and 10-46.

     Section 2. That §   1-42-31 be amended to read as follows:

     1-42-31.   There is hereby established a tourism promotion fund in the Department of Tourism and State Development. The fund shall be used for the purposes and functions set forth in chapter 1-22 for the South Dakota State Arts Council and chapter 1-52 for the Department of Tourism and State Development. ".


1229ftf

     On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "increase the gross receipts tax imposed on visitor-related businesses and to revise certain provisions concerning the tourism promotion fund.".

     On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1073, 1266, and 1294 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1211 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1225 and returns the same with the recommendation that said bill be amended as follows:

1225fb

     On page 1, line 5, of the printed bill, delete "owner" and insert "the landlord's representative".

     On page 1, line 12, after "landlord" insert "or the landlord's representative".

     On page 1, line 13, after "landlord's" insert "or the landlord's representative's".

     On page 2, line 1, delete "owner or landlord" and insert "landlord or the landlord's representative".

     On page 2, line 2, delete "owner or landlord" and insert "landlord or the landlord's representative".

     On page 2, line 3, delete "owner" and insert "the landlord's representative".

     On page 2, line 6, after "landlord's" insert "or the landlord's representative's".

     On page 2, line 7, after "landlord" insert "or the landlord's representative".

     On page 2, line 10, after "landlord" insert "or the landlord's representative".

1225fa

     On page 1, line 4, of the printed bill, delete "a fixture, including".

     On page 1, line 5, delete ",".

     On page 1, line 9, after "installation of" delete "a".

     On page 1, line 10, delete "fixture, including".

     On page 1, line 10, after "receiver" delete ",".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1196 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair


REPORTS OF CONFERENCE COMMITTEES

Cc1004A

MR. SPEAKER

     The Conference Committee respectfully reports that it has considered HB 1004 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1004 be amended as follows:

1004tb


     On page 1, line 7, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "." insert "If any mountain lion is killed pursuant to this Act, the person who killed the mountain lion shall notify a conservation officer within twenty-four hours of killing the mountain lion.".

Respectfully submitted,    Respectfully submitted,
Thomas Brunner    Gordon Howie
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that HB 1059 was lost on second reading and final passage.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1021, 1094, 1110, 1171, and 1186 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 32, 49, and 154 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Faehn moved that an oversight committee of three be appointed to study the federal stimulus package.

    Which motion prevailed and the Speaker appointed as such committee Reps. Curd, Carson, and Feinstein.

     Rep. Peters moved that the House do concur in Senate amendments to HB 1058.

     The question being on Rep. Peters' motion that the House do concur in Senate amendments to HB 1058.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; 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

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

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

     Rep. Russell moved that the House do now reconsider the vote by which HB 1224 lost.

     The question being on Rep. Russell's motion to reconsider the vote by which HB 1224 lost.

     And the roll being called:

     Yeas 42, Nays 28, Excused 0, Absent 0

     Yeas:
Blake; Brunner; Carson; Cronin; Cutler; Dreyer; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Lange; Lucas; McLaughlin; Nygaard; Olson (Betty); Putnam; Romkema; Russell; Schrempp; Sly; Solberg; Sorenson; Steele; Thompson; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink

     Nays:
Bolin; Boomgarden; Burg; Curd; Deadrick; Dennert; Faehn; Gibson; Hoffman; Juhnke; Krebs; Lederman; Lust; Moser; Noem; Novstrup (David); Olson (Ryan); Peters; Pitts; Rausch; Rounds; Schlekeway; Solum; Street; Tidemann; Vanneman; Wismer; Speaker Rave

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1224 was up for reconsideration and final passage.

     Rep. Russell moved that HB 1224 be placed on the calendar of Friday, February 20th, the 26th legislative day.

     Which motion prevailed.

     Rep. Iron Cloud III moved that the Committee on State Affairs be instructed to deliver HB 1286 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Faehn moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 20th, the 26th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on HB 1149 as found on page 404 of the House Journal ; also

     Education on HB 1297 as found on pages 404 to 406 of the House Journal ; also

     State Affairs on HB 1301 as found on pages 406 to 408 of the House Journal ; also

     Appropriations on HB 1074 as found on pages 409 to 411 of the House Journal ; also

     Appropriations on HB 1183 as found on pages 412 and 413 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 32: FOR AN ACT ENTITLED, An Act to increase certain fees related to the use of motor vehicles.

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

     SB 49: FOR AN ACT ENTITLED, An Act to make an appropriation to fund sales tax on food refunds and to declare an emergency.

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

     SB 154: FOR AN ACT ENTITLED, An Act to require new construction of certain structures and buildings to comply with the building code.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1239: FOR AN ACT ENTITLED, An Act to create the South Dakota Boxing Commission and to provide for the supervision of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions in the state.

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

1239rb

     Rep. Schrempp moved that HB 1239 be amended as follows:

     On the House State Affairs Committee engrossed bill, delete the previously adopted amendment (1239ra).

     Which motion prevailed.

      The question being "Shall HB 1239 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 15, Excused 0, Absent 0

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

     Nays:
Boomgarden; Cronin; Curd; Cutler; Deadrick; Dreyer; Gosch; Greenfield; Novstrup (David); Peters; Rounds; Solum; Tidemann; Van Gerpen; Vanneman

     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.

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

     The question being "Shall HB 1140 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; 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

     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 1173: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

     Was read the second time.

     The question being "Shall HB 1173 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent 0

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

     Nays:
Cronin; Curd; Cutler; Jensen; Kopp; Lederman; Lust; Peters; Romkema; Rounds; Schlekeway; Turbiville; Verchio; Wink

     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 1260: FOR AN ACT ENTITLED, An Act to require that a request for proposals be issued for certain state contracts for professional services.

     Was read the second time.

1260sa

     Rep. Rausch moved that HB 1260 be amended as follows:

     On page 3, line 21, of the House Commerce Committee engrossed bill, delete everything after "for" and insert "home and community-based service providers, legal services, or medical services.".

     Which motion lost.

1260fb

     Rep. Rounds moved that HB 1260 be amended as follows:

     On page 2, line 3, of the House Commerce Committee engrossed bill, after "state" insert "that expends state general or federal funds".

     Which motion lost.

     The question being "Shall HB 1260 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent 0

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

     Nays:
Boomgarden; Dennert; Gosch; Juhnke; Noem; Peters; Pitts; Putnam; Rausch; Rounds; Tidemann; Turbiville; Vanneman; Speaker Rave

     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 1268: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the maximum number of alcoholic beverage retail licenses that may be held by any person, corporation, or business.

     Was read the second time.

     The question being "Shall HB 1268 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 8, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Brunner; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Jensen; Juhnke; Killer; Kirkeby; Kirschman; 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; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Boomgarden; Deadrick; Feinstein; Hunt; Iron Cloud III; Kopp; Street; Van Gerpen

     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 1246: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to service of garnishee summons, affidavit, and garnishment disclosure.

     Was read the second time.

     The question being "Shall HB 1246 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; 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

     Nays:
Engels

     Excused:
Hunhoff (Bernie)

     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.

    Speaker Pro tempore Rausch now presiding.


      HB 1227: FOR AN ACT ENTITLED, An Act to increase license fees for certain noncommercial motor homes and trailers.

     Was read the second time.

     The question being "Shall HB 1227 pass?"

     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent 0

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

     Nays:
Dennert; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Iron Cloud III; Killer; Kirschman; Lucas; Schrempp; Solberg; Vanderlinde

     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 1228: FOR AN ACT ENTITLED, An Act to require mopeds used on public highways to be titled and licensed as a motorcycle and to increase license fees for motorcycles.

     Was read the second time.

     The question being "Shall HB 1228 pass?"

     And the roll being called:

     Yeas 52, Nays 17, Excused 1, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Elliott; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lust; McLaughlin; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Dennert; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Lucas; Moser; Olson (Betty); Schrempp; Solberg; Vanderlinde

     Excused:
Lederman

     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 1281: FOR AN ACT ENTITLED, An Act to enhance funding for state highways by increasing fees on certain signs, displays, or devices.

     Was read the second time.

1281fd

     Rep. Brunner moved that HB 1281 be amended as follows:

     On page 1, line 13, of the House Transportation Committee engrossed bill, delete " twenty- five " and insert " seventy-five ".

     On page 1, line 14, delete " forty " and insert " ninety ".

     Which motion prevailed.

     The question being "Shall HB 1281 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 15, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Engels; Faehn; Fargen; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; McLaughlin; Moser; Noem; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer

     Nays:
Dennert; Dreyer; Elliott; Feickert; Feinstein; Gosch; Juhnke; Lust; Novstrup (David); Rounds; Russell; Schrempp; Thompson; Verchio; Speaker Rave

     Excused:
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.

    Speaker Rave now presiding.

     Rep. Faehn moved that the balance of the calendar including HB 1200, 1201, 1121, 1009, 1276, 1253, 1275, and 1037 and SB 1, 51, 40, and 69 be deferred to Friday, February 20th, the 26th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1063, 1095, 1100, and 1124 were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 19, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1021, 1094, 1110, 1171, and 1186 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1021: FOR AN ACT ENTITLED, An Act to  provide for a contested case hearing on the denial of a claim for the recovery of an allegedly overpaid tax, penalty, or interest.

     HB 1094: FOR AN ACT ENTITLED, An Act to  require applicants for licensure as real estate brokers, broker associates, salespersons, property managers, residential rental agents, auctioneers, home inspectors, and timeshare agents and such licensees who are the subject of a disciplinary investigation to submit to a state and federal criminal background check.

     HB 1110: FOR AN ACT ENTITLED, An Act to  repeal certain provisions relating to limited liability for Y2K litigation.

     HB 1171: FOR AN ACT ENTITLED, An Act to  exempt any school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county.

     HB 1186: FOR AN ACT ENTITLED, An Act to  reimburse and reward public school counselors who earn the credential of National Certified School Counselor.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1012  Introduced by:  The Members of the Eighty-Fourth Legislative Session

         A LEGISLATIVE COMMEMORATION,  Congratulating and expressing appreciation to the Associated General Contractors of South Dakota Building Chapter and its program known as "Operation Opening Doors."

     WHEREAS,  "Operation Opening Doors" is the result of the Associated General Contractors of South Dakota Building Chapter's recognition that members of the United States armed services will go anywhere around the world to defend democracy and the freedoms that we enjoy; and

     WHEREAS,  in cooperation with volunteers and communities within South Dakota, "Operation Opening Doors" has provided and will continue to provide home renovations, at no cost, for South Dakota soldiers who are disabled, ensuring that their homes are accessible by adding wheelchair ramps, widening hallways and doors, enlarging bathrooms, kitchens, and bedrooms, and completing similar projects to make the homes accessible; and

     WHEREAS,  to date, "Operation Opening Doors" has completed three major projects for South Dakota soldiers who are disabled at a total cost of approximately five hundred thousand dollars, and "Operation Opening Doors" now serves as a model that has been adopted by the Associated General Contractors of America and nearly one hundred of its state and local affiliates around the country:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Legislature congratulates and expresses appreciation to the Associated General Contractors of South Dakota Building Chapter for its program "Operation Opening Doors," that provides services to members of the armed services in South Dakota who are disabled.
      Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:04 p.m. the House adjourned.

Karen Gerdes, Chief Clerk