JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION




TWENTY-SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 20, 2009

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

     The prayer was offered by the Chaplain, Father Kevin Doyle, followed by the Pledge of Allegiance led by House page Matthew Huber.

     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-fifth 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 20, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 19, 2009, I approved House Bills 1063, 1095, 1100, and 1124, 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1070 and returns the same with the recommendation that said bill be amended as follows:

1070tc

     On page 2, line 8, of the printed bill, delete " five hundred dollars plus twenty " and insert " two hundred fifty dollars plus ten ".

     On page 2, line 9, delete " twenty " and insert " ten ".

     On page 2, line 12, delete " fifty " and insert " twenty-five ".

     On page 2, line 14, delete " fifty ".

     On page 2, line 16, delete " five hundred " and insert " two hundred fifty ".

     On page 2, after line 16, insert " A dealer who is in business for less than three months in a year and only sells plants obtained from an inspected in-state nursery may obtain a certificate of inspection at the reduced fee of one hundred dollars. ".

     On page 2, line 20, delete "a one hundred fifty five hundred " and insert " a one hundred fifty an eight hundred ".


1070tb

     On page 2, line 10, of the printed bill, after " greenhouse " insert " , except the fee for a resident nurseryman with less than five thousand dollars in gross sales of nursery stock is one hundred fifty dollars plus twenty dollars for each acre over one of inspected plants ".

     On page 3, after line 6, insert:

"      Section 5. That § 38-24B-2 be amended to read as follows:

     38-24B-2.   The secretary of agriculture may promulgate rules pursuant to the provisions of chapter 1-26 to establish:

             (1)      Standards for inspection and sampling;

             (2)      Standards for inspection performance;

             (3)      Forms for requests for inspection;

             (4)      Procedures for issuing and revoking certificates of inspections;

             (5)      Restrictions for the movement of plants and hosts;

             (6)      Treatment provisions of infested hosts or premises;

             (7)      Provisions for issuance of special phytosanitary certificates;

             (8)      Provisions for quarantine or destruction of pests and hosts; and

             (9)      Reporting requirements on suspected plants ; and

             (10)    Criteria for the implementation and administration of the fee schedule contained in § 38-24B-7 . ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1071 and returns the same with the recommendation that said bill be amended as follows:

1071td

     On page 7, line 21, of the printed bill, after " addition, " insert " beginning on January 1, 2010, ".
    
     On page 8, line 1, delete " two cents " and insert " one cent ".

     On page 8, line 3, delete " one hundred twenty-five " and insert " two hundred ".

     On page 8, line 17, remove the overstrikes from " , not to exceed ".

     On page 8, delete line 18, and insert " thirty fifty percent of the total dairy program budget. The department shall provide the dairy industry and the Legislature an annual report of the previous year's activities. ".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1129, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1129ta

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

     "      Section 1. That § 49-41B-2 be amended to read as follows:

     49-41B-2.   Terms as used in this chapter mean:

             (1)      "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly connected to a transmission facility or a facility that connects an AC transmission facility with a DC transmission facility or vice versa;

             (2)      "Associated facilities," facilities which include, aqueducts, diversion dams, transmission substations of two hundred fifty kilovolts or more, storage ponds, reservoirs, or cooling ponds;

             (3)      "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide molecules compressed in a supercritical state;

             (4)     "Commission," the Public Utilities Commission;

             (4) (5)      "Construction," any clearing of land, excavation, or other action that would affect the environment of the site for each land or rights of way upon or over which a facility may be constructed, but not including activities incident to preliminary engineering or environmental studies;

             (5) (6)      "Energy conversion facility," any new facility, or facility expansion, designed for or capable of generation of one hundred megawatts or more of electricity, but does not include any wind energy facilities;

             (6) (7)      "Facility," any energy conversion facility, AC/DC conversion facility, transmission facility, or wind energy facility, and associated facilities;

             (7) (8)      "Permit," the permit issued by the commission under this chapter required for the construction and operation of a facility;

             (8) (9)      "Person," an individual, partnership, limited liability company, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other public or private entity, however organized;

             (9) (10)      "Siting area," that area within ten miles in any direction of a proposed energy conversion facility, AC/DC conversion facility, or which is determined by the commission to be affected by a proposed energy conversion facility;

             (10) (11)      "Trans-state transmission facility," an electric transmission line and its associated facilities which originates outside the State of South Dakota, crosses this state and terminates outside the State of South Dakota; and which transmission line and associated facilities delivers electric power and energy of twenty-five percent or less of the design capacity of such line and facilities for use in the State of South Dakota;

             (11) (12)      "Utility," any person engaged in and controlling the generation or transmission of electric energy and gas or liquid transmission facilities as defined by § 49- 41B-2.1;

             (12) (13)      "Wind energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that converts wind movement into electricity and that is designed for or capable of generation of one hundred megawatts or more of electricity. A wind energy facility expansion includes the addition of new wind turbines, designed for or capable of generating twenty-five megawatts or more of electricity, which are to be managed in common and integrated with existing turbines and the combined megawatt capability of the existing and new turbines is one hundred megawatts or more of electricity. The number of megawatts generated by a wind energy facility is determined by adding the nameplate power generation capability of each wind turbine.

     Section 2. That § 49-41B-2.1 be amended to read as follows:

     49-41B-2.1.   For the purposes of this chapter, a transmission facility is:

             (1)      An electric transmission line and associated facilities with a design of two hundred fifty kilovolts or more;

             (2)      An electric transmission line and associated facilities with a design of one hundred fifteen to two hundred fifty kilovolts, if more than one mile in length of the transmission line does not follow section lines, property lines, roads, highways or railroads, or is not reconstruction or modification of existing transmission lines and existing associated facilities located on abandoned railroad rights-of-way; or

             (3)      A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas, liquid hydrocarbons, or liquid hydrocarbon products, or carbon dioxide, excluding any gas or liquid transmission lines or associated facilities which meet any of the following criteria:

             (a)      Lines or facilities that are used exclusively for distribution or gathering;

             (b)      Steel pipe and associated facilities operated at a hoop stress of less than twenty percent of specified minimum yield strength as defined by 49 CFR 192.3 as of January 1, 2007, or plastic pipe and associated facilities which operate at less than fifty percent of the design pressure as determined by the formula specified in 49 CFR 192.121 as of January 1, 2007; or

             (c)      Pipe which has nominal diameter under of less than four inches and not more than one mile of the entire line is constructed outside of public right-of-way.

     Section 3. That § 49-41B-24 be amended to read as follows:

     49-41B-24.   Within twelve months of receipt of the initial application for a permit for the construction of energy conversion facilities, AC/DC conversion facilities, substations of two hundred fifty kilovolts or more, or transmission lines of two hundred fifty kilovolts or more , or of transmission lines for coal, gas, liquid hydrocarbons, or liquid hydrocarbon products, or carbon dioxide, the Public Utilities Commission commission shall make complete findings in rendering a decision regarding whether a permit should be granted, denied, or granted upon such terms, conditions or modifications of the construction, operation, or maintenance as the commission may deem deems appropriate. "


1129ttb

     On page 1, line 1, of the printed bill, delete everything after "to" and insert "ensure the integrity of pipelines to be used for the transportation of carbon dioxide for the purpose of enhanced oil recovery or geologic carbon sequestration.".

     On page 1, delete line 2.

    And that as so amended said bill do pass.

Respectfully submitted,
Thomas J. Brunner, Chair


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1176 and returns the same with the recommendation that said bill be amended as follows:

1176sa

     On page 2, line 12, of the printed bill, remove the overstrikes from " or ".

     On page 3, line 3, delete " ; or " and insert ".".

     On page 3, delete lines 4 and 5.

1176sta

     On page 1, line 1, of the printed bill, delete "authorize" and insert "clarify".

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

     On page 1, delete line 2.

    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  1286 and returns the same with the recommendation that said bill do NOT pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1125, 1285, 1289, 1290, and 1291 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1254 and returns the same with the recommendation that said bill be amended as follows:


1254ca

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

     "
     Section 1.  That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42.1 and plus the average number of pupils for whom the district pays tuition;

             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

             (2)      "Adjusted average daily membership," calculated as follows:

             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

             (2A)      "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition. When computing state aid to education for a school district under the foundation program pursuant to § 13-13-73, the secretary of the Department of Education shall use either the school district's fall enrollment or the average of the school district's fall enrollment and the school district's fall enrollment from the prior year, whichever is higher. However, if a school district qualifies to benefit from both the averaging permitted in this subdivision and the one-time payment provided in § 13-13-80 in the same fiscal year, the school district may not benefit from both, but only from the one that provides the most additional funding to the district;

             (2B)      "Current fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year minus the number of students for whom the district receives tuition except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;

             (2C)      "Small school adjustment," calculated as follows:

             (a)      For districts with a fall enrollment of two hundred or less, multiply 0.2 times $4,237.72;

             (b)      For districts with a fall enrollment of greater than two hundred, but less than six hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result; and multiply the sum obtained times $4,237.72;

             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment up to a maximum of four percent or three percent, whichever is less greater ;

             (4)      "Per student allocation," for school fiscal year 2009 is $4,664.66. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

             (5)      "Local need," is the sum of:

             (a)      The per student allocation multiplied by the fall enrollment; and

             (b)      The small school adjustment, if applicable, multiplied by the fall enrollment; and

             (c)      The payment distributed pursuant to § 13-13-80, if applicable;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;

             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;
             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

             (9)      "General fund base percentage," is the lesser of:

             (a)      The general fund balance percentage as of June 30, 2000; or

             (b)      The maximum allowable percentage for that particular fiscal year as stated in this subsection.

                  For fiscal year 2008, the maximum allowable percentage is one hundred percent; for fiscal year 2009, eighty percent; for fiscal year 2010, sixty percent; for fiscal year 2011, forty percent; for fiscal year 2012 and subsequent fiscal years, twenty-five percent. However, the general fund base percentage can never be less than twenty- five percent;

             (10)      "Allowable general fund balance," the general fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

             (11)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, revenue a school district has received as compensation for being a sparse school district under the terms of §§ 13-13-78 and 13-13-79, inclusive; and any revenue in the general fund set aside for a noninsurable judgment. "

1254cta

     On page 1, line 1, of the printed bill, delete everything after "the" and insert "index factor in the state aid to education formula.".

     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  1198; 1279, which was removed from the table; and 1293 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair


Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1091 and returns the same with the recommendation that said bill be amended as follows:

1091ba

     On page 1, line 4, of the printed bill, delete everything after "of" and insert "two dollars ($2)".

     On page 1, line 5, delete everything before ", or" .

    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 1142 and returns the same with the recommendation that said bill be amended as follows:

1142ma

     On page 1, line 4, of the printed bill, delete "one hundred ten" and insert "one dollar ($1)".

     On page 1, line 5, delete everything before ", or" .

    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 1166 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1174 which was tabled.

Respectfully submitted,
Larry Tidemann, Chair


Also
MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1251 and returns the same with the recommendation that said bill be amended as follows:

1251oa

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

     "      Section 1. That chapter 42-7B be amended by adding thereto a NEW SECTION to read as follows:

     In addition to the gaming tax imposed by §  42-7B-28, there is hereby imposed an additional one percent tax on the adjusted gross proceeds of gaming allowed by this chapter. The tax shall be paid to the commission and transferred to the general fund on a monthly basis notwithstanding the provisions of § §  42-7B-48 and 42-7B-48.1."

1251ota

     On page 1, line 1, of the printed bill, delete everything after "to" and insert "impose an additional tax on the proceeds of Deadwood gaming.".

     On page 1, delete line 2.

    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  1283 and 1284 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1086 and 1152 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

     I have the honor to return herewith HB 1040, 1043, 1076, 1117, and 1119 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 126, 133, 143, 144, and 186 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 3 Introduced by: Representatives 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; 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; Rave; Romkema; Rounds; Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-fourth Legislature of the State of South Dakota to Eric Brunner, Tracy Gebhart, Emma Heggen, Matthew Huber, Darcy Leischner, Tessa Lueth, Gina Mairose, Elizabeth Nehlich, Zachary Rogen, Anna Safronova, Ashley Schilling, Abby Settje, Deitrich Thompson, Jacob Tiede, Angela Weeldreyer

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

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

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


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

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

    Which motion prevailed and the resolution was adopted.


     Rep. Lederman moved that the Committee on Education be instructed to deliver HB 1279 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Frerichs moved that the Committee on Commerce be instructed to deliver HB 1299 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     HCR 1010  Introduced by:  Representative Killer and Senator Bradford

         A CONCURRENT RESOLUTION,  Urging the President of the United States and Congress to restore funding to the federal Indian Jobs Placement Program (15.061), as listed in the Catalog of Federal Domestic Assistance (CFDA), which is an Employment Assistance program created for the purposes of job development, social adjustment guidance, counseling, and referrals to job training programs, and other assistance programs through the United Sioux Tribes Development Corporation (USTDC) located in Pierre, South Dakota.

     WHEREAS,  the Indian Jobs Placement Program (15.061) supports state departments of labor nationally, particularly the South Dakota Department of Labor, North Dakota Department of Labor, Nebraska Department of Labor, and related state agencies by supplementing state employment and training programs and opportunities, including referrals to job training programs and assistance to Native American citizens relocating or migrating from Indian reservations to urban centers; and

     WHEREAS,  the Indian Jobs Placement Program (15.061) is a resource to the Office of the Governor nationally, with a regional emphasis on South Dakota, North Dakota, and Nebraska, by cooperative economic initiatives that include partnerships with the private sector to aid in the training and employment of Native Americans, who are one of the most underprivileged and poverty-stricken classes of citizens; and

     WHEREAS,  the Indian Job Placement Program (15.061) is an asset in the buildup to highly technical job development for Native Americans in the fields of remote sensing and information technology for the National Center for Earth Resources Observation Systems (NCEROS) Data Center, Sioux Falls, South Dakota, and elsewhere, as stated in a Memorandum of Understanding between the United States Geological Survey and the United Sioux Tribes Development Corporation; and

     WHEREAS,  the United Sioux Tribes Development Corporation is an inter-tribal entity organized and incorporated in the State of South Dakota on Monday, 18 May 1970, by the Tribal Chairmen, Presidents, and Chairpersons from eleven Lakota-Nakota-Dakota (Sioux) Tribes in North Dakota, South Dakota, and Nebraska, as follows: Spirit Lake Oyate, North Dakota; Standing Rock Sioux Tribe, North Dakota; Cheyenne River Sioux Tribe, South Dakota; Lower Brule Sioux Tribe, South Dakota; Crow Creek Sioux Tribe, South Dakota; Yankton Sioux Tribe, South Dakota; Flandreau-Santee Sioux Tribe, South Dakota; Sisseton-Wahpeton Oyate, South Dakota; Rosebud Sioux Tribe, South Dakota; Oglala Sioux Tribe, South Dakota; and Santee Sioux Tribe of Nebraska, Nebraska; and

     WHEREAS,  the Indian Jobs Placement Program (15.061) provides employment related assistance to the parents of children migrating to Ziebach County, South Dakota, which is circumscribed by the Cheyenne River Sioux Tribe, Eagle Butte, South Dakota, and has been identified with the highest incidence of Indian child poverty for children under the age of eighteen years nationally, according to a June 2008 report issued by the Rural Life Census Data Center, South Dakota State University; and

     WHEREAS,  the American Community-American Indians and Alaska Natives: 2004, issued by the United States Census Bureau in May 2007, reports one-third of all American Indian and Alaska Natives reside in Arizona, California, and Oklahoma, with a Native American population of four million nationwide; and one out of every four American Indians and Alaska Natives live below the poverty line; and South Dakota and Wyoming maintain a larger proportion of American Indian and Alaska Natives than other states:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly urges the President of the United States and Congress to support Native American employment by restoring funds to the Indian Jobs Placement Program (15.061) and Employment Assistance Program of the United Sioux Tribes Development Corporation located in Pierre, South Dakota.

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

     HCR 1011  Introduced by:  Representative Killer and Senator Bradford

         A CONCURRENT RESOLUTION,  Urging the President of the United States and Congress to fund the National Tribal Cultural Resources Database, as set forth on Wednesday, 27 October 2004, in a Memorandum of Understanding (MOU) between the United States Geological Survey (USGS) located in Reston, Virginia, and the United Sioux Tribes Development Corporation (USTDC) located in Pierre, South Dakota.

     WHEREAS,  the National Tribal Cultural Resources Database is a national initiative developed by the Lakota-Nakota-Dakota (Sioux) Chairmen, Presidents, and Chairpersons through the United Sioux Tribes to maintain an inter-tribal and not-for-public use record of sacred sites, traditional cultural properties, artifacts, and other American Indian and Alaska Native cultural resource records protected under Public Law 110-246; and

     WHEREAS,  the National Tribal Cultural Resources Database is a resource for tribal historic preservation officers to collaborate with state historical preservation officers on environmental impact statements, programmatic agreements, rules and regulations, notices, and related documents as a resource in government-to-government consultations among American Indians and Alaska Natives and federal and state agencies, according to the terms set forth in Executive Order 13175; and

     WHEREAS,  the site for the National Tribal Cultural Resources Database facility is anticipated to be located at the National Center for Earth Resources Observation Systems (NCEROS), Karl Mundt Building, 47914 252nd Street, Sioux Falls, South Dakota, and administered under the United Sioux Tribes Center for Geographic Information System Resources, United Sioux Tribes Development Corporation as a national repository for American Indian and Alaska Native cultural resource information and related data; and

     WHEREAS,  the National Tribal Cultural Resources Database is expected to create highly technical jobs and employment opportunities in the highly technical disciplines of remote sensing, information technology, and related earth sciences for American Indians and Alaska Natives at the National Center for Earth Resources Observation Systems (NCEROS) Data Center, Sioux Falls, South Dakota, and on all American Indian reservations nationwide; and

     WHEREAS,  the United Sioux Tribes Development Corporation is an inter-tribal entity organized and incorporated in the State of South Dakota on Monday, 18 May 1970, by the Tribal Chairmen, Presidents, and Chairpersons from eleven Lakota-Nakota-Dakota (Sioux) Tribes in North Dakota, South Dakota, and Nebraska as follows: Spirit Lake Oyate, North Dakota; Standing Rock Sioux Tribe, North Dakota; Cheyenne River Sioux Tribe, South Dakota; Lower Brule Sioux Tribe, South Dakota; Crow Creek Sioux Tribe, South Dakota; Yankton Sioux Tribe, South Dakota; Flandreau-Santee Sioux Tribe, South Dakota; Sisseton-Wahpeton Oyate, South Dakota; Rosebud Sioux Tribe, South Dakota; Oglala Sioux Tribe, South Dakota; and Santee Sioux Tribe of Nebraska, Nebraska; and

     WHEREAS,  the National Tribal Cultural Resources Database reduces unemployment on Indian reservations underlined by the American Community-American Indians and Alaska Natives: 2004, a survey issued by the United States Census Bureau in May 2007, which reports that one-third of all American Indians and Alaska Natives reside in Arizona, California, and Oklahoma from a national Native American population of four million; and one out of every four American Indians and Alaska Natives live below the poverty line; and South Dakota and Wyoming maintain a larger proportion of American Indians and Alaska Natives than other states:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislatures urges the President of the United States and Congress to fund the National Tribal Cultural Resources Database Program through the United Sioux Tribes Development Corporation (USTDC) located in Pierre, South Dakota.

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

     SCR 4: A CONCURRENT RESOLUTION, Supporting transportation of horses to foreign processing facilities.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1240 as found on pages 428 to 430 of the House Journal ; also

     Transportation on HB 1007 as found on pages 430 to 432 of the House Journal ; also

     Transportation on SB 17 as found on page 432 of the House Journal ; also

     Taxation on HB 1072 as found on pages 432 and 433 of the House Journal ; also

     Taxation on HB 1229 as found on pages 433 and 434 of the House Journal ; also

     Local Government on HB 1225 as found on pages 434 and 435 of the House Journal be adopted.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Brunner moved that the report of the Conference Committee on HB 1004 as found on page 436 of the House Journal be adopted.

     The question being on Rep. Brunner's motion that the report of the Conference Committee on HB 1004 be adopted.

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0


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

     Nays:
Dreyer; Feinstein; Iron Cloud III; Killer; Moser; Novstrup (David); Romkema; Turbiville; Verchio

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school attendance.

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

     SB 133: FOR AN ACT ENTITLED, An Act to provide for central filing of documents necessary to perfect a security interest in personal property or fixtures of a rural electric cooperative.

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

     SB 143: FOR AN ACT ENTITLED, An Act to require a searchable internet website for the posting and access of certain public records and financial information.

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

     SB 144: FOR AN ACT ENTITLED, An Act to require certain contracts to be retained and made available by a publicly accessible internet website or database.

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


     SB 186: FOR AN ACT ENTITLED, An Act to provide for the imposition of a late payment fee for certain chronically delinquent child support obligations.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 20: FOR AN ACT ENTITLED, An Act to revise the lifetime benefit maximum for the health insurance risk pool.

     Was read the second time.

     The question being "Shall SB 20 pass?"

     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 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 1224, 1200, and 1201 be placed to follow HB 1211 and HB 1271 be placed to follow HB 1121 on today's calendar.

     Which motion prevailed.

     HB 1121: FOR AN ACT ENTITLED, An Act to establish certain procedural requirements related to the relocation of electrical lines, communication lines, and pipelines.

     Was read the second time.


     The question being "Shall HB 1121 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 2, 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; Killer; Kirkeby; Kirschman; Kopp; 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:
Juhnke; Krebs

     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 1271: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Corrections to provide for the purchase, design, construction, and equipping of a combined minimum security/parole facility in Rapid City for the Department of Corrections and to declare an emergency.

     Was read the second time.

1271ra

     Rep. Pitts moved that HB 1271 be amended as follows:

     On page 2 of the printed bill, delete lines 19 to 21, inclusive, and insert:

"      Section 7. Prior to purchasing any property with the proceeds of the revenue bonds described in section 1, the secretary of the Department of Corrections shall conduct public meetings to solicit input from and share information with citizens, business owners, and school administrators located within two miles of the property to be purchased.".


     Rep. Kirkeby requested that Joint Rule 5-17 be invoked on HB 1271.

     Which request was supported and HB 1271 with Rep. Pitts' pending motion to amend was deferred until Tuesday, February 24th, the 28th legislative day.


     HB 1009: FOR AN ACT ENTITLED, An Act to require certain tax refund claims for construction projects and certain documents and records in support of tax refund claims for construction projects to be filed within certain time periods.

     Was read the second time.

     Rep. Noem moved that the balance of the calendar including HB 1009, 1276, 1253, 1275, 1037, 1149, 1297, 1301, 1074, 1183, 1038, 1237, 1211, 1224, 1200, and 1201 and SB 1, 51, 40, 69, 19, and 109 be deferred to Monday, February 23rd, the 27th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1004.

Respectfully,
Trudy Evenstad, Secretary

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:46 p.m. the House adjourned.

Karen Gerdes, Chief Clerk