JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



TWENTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 23, 2009

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

     The prayer was offered by the Chaplain, Pastor Susan Carr, followed by the Pledge of Allegiance led by House page Jessica Hall.

     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-sixth 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.
    The oath of office was administered by Speaker Rave to the following named pages:

    Brooke Anderson, Aaron Deutsch, Jessica Hall, Erin Jensen, Thad Kaltsulas, Laurel McHenry, Marissa Nelson, Chelsi Paulson, Austin Perry, Jarrod Roth, Owen Shay, Candace Shippy.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1279, which was reconsidered, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1279cb

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

"
     Section 1.  Bullying is the causing of physical hurt or psychological distress on one or more students or school employees that may involve threat; intimidation; stalking as defined in chapter 22-19A; physical violence; theft; harassment as defined in § 22-19A-4; or destruction of property.

     Harassment, for the purposes of this Act, is any threatening use of data or computer software, written or verbal communication, including telephonic communication, or conduct directed against a student or school employee that substantially disrupts the orderly operation of a school.

     For the purposes of this Act, the definitions of bullying and harassment also include retaliation against a student or school district employee by another student or school district employee for asserting or alleging an act of bullying or harassment, and include the reporting of an act of bullying or harassment that is not made in good faith.

     Section 2.  The school board of each school district shall, by December 1, 2009, adopt a school district policy prohibiting bullying and harassment. If the school district already has such a policy in place, the school board shall review and, if necessary, revise the policy so that it meets the requirements of this Act by the deadline. The school board may involve students, parents, teachers, administrators, other school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing or revising a policy pursuant to this Act, and the policy shall be implemented in coordination with school district curriculum, disciplinary procedures, and other violence prevention efforts.

     Section 3.  Each school district policy developed pursuant to this Act shall contain the following provisions:

             (1)    A statement prohibiting bullying and harassment, and a definition of bullying and harassment that includes the definitions listed in section 1 of this Act;

             (2)    The consequences for a student or employee of the school district who commits an act of bullying or harassment;

             (3)    A procedure for reporting an act of bullying or harassment, including provisions that permit a person to anonymously report such an act, although formal disciplinary action may not be based solely on an anonymous report; and

             (4)    A procedure for the prompt investigation and response to any report of bullying or harassment, including a requirement that an investigation be conducted on any alleged incident of bullying or harassment committed against a child while the child is aboard a school bus or at a school-sponsored event.

     Section 4.  Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying or harassment to the appropriate school district official as designated in the school district's policy, and who makes the report in compliance with the provisions of the school district's policy is immune from any cause of action for damages arising from failure to remedy the reported incident.

     Section 5.  Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices may be used as a defense to any disciplinary action initiated pursuant to this Act."

1279cc

     On the previously adopted amendment, 1279cb, amend as follows:

    In the first sentence of Section 1, delete "physical hurt" and insert "bodily harm".

    In the second sentence of Section 1, delete "that substantially disrupts the orderly operation of a school".

    In Section 3, subdivision (1), after "includes", insert "but is not limited to".

    In Section 3, subdivision (4), delete ", including a requirement that an investigation be conducted on any alleged incident of bullying or harassment committed against a child while the child is aboard a school bus or at a school sponsored event".

    In Section 4, after "remedy", insert "or report".

    Delete Section 5.


1279cd

On the previously adopted amendment, (1279cb), in Section 1, delete the second paragraph and insert:

     "Harassment consists of physical or verbal conduct related to a person's race, color, religion, creed, ancestry, national origin, gender, sexual orientation, age, disability, or other basis prohibited by law, when the conduct is so severe, pervasive, and objective that it has the purpose of effecting or creating an intimidating, hostile, or offensive working or academic environment, or has the purpose or effect of substantially or unreasonably interfering with an individual's performance which deprives the individual access to employment or academic opportunities."

    And that as so amended said bill do NOT pass.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1280 and returns the same with the recommendation that said bill be amended as follows:

1280sa

     On page 1, after line 5 of the printed bill, insert:

"

             (1)    "Brand family," all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. "Brand family" includes cigarettes sold under a brand name, whether that name is used alone, or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern or colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarette;".

     On page 1, line 6, delete "(1)" and insert "(2)".

     On page 1, line 10, delete "(2)" and insert "(3)".

     On page 1, line 12, delete "(3)" and insert "(4)".

     On page 2, line 1, delete "(4)" and insert "(5)".

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

     On page 2, line 7, delete "(6)" and insert "(7)".
     On page 2, line 13, delete "(7)" and insert "(8)".

     On page 2, line 15, delete "(8)" and insert "(9)".

     On page 2, line 20, delete "(9)" and insert "(10)".

     On page 2, line 21, delete "(10)" and insert "(11)".

     On page 2, line 22, delete "(11)" and insert "(12)".

     On page 5, after line 18, insert:

"

     The requirements of section 2 of this Act do not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2011, if a wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes before said date and that the inventory was purchased before said date in comparable quantity to the inventory purchased during the same period of the immediately preceding year.".

     On page 6, line 11, delete everything after "." and insert "For each brand family of cigarettes listed in a certification, a manufacturer shall pay to the state fire marshal a fee of one thousand dollars. The fee shall apply to all cigarettes within the brand family certified, and shall include any new cigarette certified within the brand family during the three-year certification period.".

     On page 6, delete line 12.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1267 which was tabled.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1299 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

 Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1287 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1036, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1036ta

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

     "      Section 1. That § 57A-9-523 be amended to read as follows:

     57A-9-523.   (a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to § 57A-9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:

             (1)      Note upon the copy the number assigned to the record pursuant to § 57A-9-519(a)(1) and the date and time of the filing of the record; and

             (2)      Send the copy to the person.

     (b) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:

             (1)      The information in the record;

             (2)      The number assigned to the record pursuant to § 57A-9-519(a)(1); and

             (3)      The date and time of the filing of the record.

     (c) The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:

             (1)      Whether there is on file on a date and time specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:

             (A)      Designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;
             (B)      Has not lapsed under § 57A-9-515 with respect to all secured parties of record; and

             (C)      If the request so states, has lapsed under § 57A-9-515 and a record of which is maintained by the filing office under § 57A-9-522(a);

             (2)      The date and time of filing of each financing statement; and

             (3)      The information provided in each financing statement. However, if the financing statement contains a social security or employer identification number which has not been supplied by the person requesting the information, such number shall be redacted prior to providing the information. In the case of financing statements recorded in the office of the register of deeds, the requirement for redaction of social security or employer identification numbers only applies to financing statements recorded after July 1, 2009.

     (d) In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.

     A computer printout from the centralized computer system established by the secretary of state constitutes the certificate of the secretary of state as to whether there is on file, on the date and hour stated thereon, a financing statement covering the following collateral: farm products or accounts, or livestock, or general intangibles arising from or relating to the sale of farm products by a farmer, or crops growing or to be grown, or equipment used in farming operations.

     The secretary of state shall, upon a telephone request, furnish to any person, company, or corporation, information as to whether a financing statement describing farm collateral has been filed in the Office of the Secretary of State and, if such financing statement has been filed, the secretary of state shall also furnish the name and business address of the secured creditor. However, the secretary of state need not answer telephone inquiries in writing nor send written confirmation from a telephone request. The secretary of state is not responsible for accuracy and completeness of the information furnished verbally in response to a telephone request. The secretary of state shall provide a toll-free telephone number to provide access for telephone requests.

     (e) The filing office shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the request. "

1036tta

     On page 1, line 1, of the printed bill, delete everything after "to" and insert "require the redaction of certain numbers before furnishing copies of information.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1156 and returns the same with the recommendation that said bill be amended as follows:

1156ra

     On page 2 of the printed bill, delete lines 9 to 11, inclusive.

1156rta

     On page 1, line 2, of the printed bill, delete "and to declare an emergency".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1264 and returns the same with the recommendation that said bill be amended as follows:

1264ra

     On page 2, line 24, of the printed bill, delete "that" and insert ", but are not limited to".

1264rb

     On page 4, line 1 of the printed bill, after "days" insert "of the releasing authority learning".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1292 and returns the same with the recommendation that said bill be amended as follows:

1292ra

     On page 1, line 8, of the printed bill, delete "shall" and insert "may".

     On page 1, line 14, delete "shall" and insert "may".

     On page 1, delete line 15, and insert "driver license has been reinstated.".

1292rb

     On page 1, line 8, of the printed bill, delete "this title or chapter 32-25" and insert "Title 32".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1147 which was tabled.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1252 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1216, 1217, and 1218 which were tabled.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1068 and 1288 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1299 and returns the same with the recommendation that said bill be amended as follows:

1299fa

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

     "
     Section 1. The Bureau of Administration shall establish a pilot program to evaluate the use of certain ethanol blends in state motor vehicles. At least ten state-owned fuel terminals or facilities for fueling state motor vehicles shall provide a supply of an ethanol blend that contains forty percent E-85 and sixty percent unleaded motor fuel in quantities sufficient to meet the normal gasoline-powered motor vehicle fueling needs of the state at such terminals or facilities. Three of the ten state-owned fuel terminals and facilities included in the pilot program shall be: the Pierre region office, South Dakota State University, and South Dakota School of Mines and Technology.

     The Bureau of Administration shall report its findings before January first each year to the Government Operations and Audit Committee."

    And that as so amended said bill do NOT pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1067 and returns the same with the recommendation that said bill be amended as follows:

1067cb

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

     "      Section 1. That § 13-8-3 be amended to read as follows:

     13-8-3.   The voters of any school district may increase the number of board members to seven or to nine, or establish or discontinue school board representation areas, by a majority vote of all voters voting at an election called and held as hereinafter provided. If a petition signed by ten percent of the registered voters of any school district, based upon the total number of registered voters at the last preceding general election, is presented to the board requesting that an election be called for the purpose of voting upon the question of the change of number of board members, or the establishment or discontinuation of school board representation areas, the board shall call an election. The school board may, by resolution, call for an election for the purpose of voting upon the question of the change of number of board members, or the establishment or discontinuation of school board representation areas. The question shall be submitted to the voters at an election to be held not less than forty-five nor more than sixty days from the date of the filing of such petition with the business manager. If such a petition is filed less than one hundred twenty days prior to the next annual election, the question shall be submitted at the annual election. Such election shall be held upon the same notice and conducted in the same manner as provided by chapter 13-7. Any increase or decrease in the number of board members shall be implemented at the next succeeding annual election. "


1067ctb

     On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "allow the voters of a school district to discontinue school board representation areas.".

     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  1269 and 1295 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  24, 27, and 28 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1274 and HCR 1007 which were tabled.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1153 and 1262 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 123 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1166 and returns the same with the recommendation that said bill be amended as follows:

1166jc

     On amendment (1166jb), in Section 16, delete "regardless of whether such evidence was introduced at trial,".

1166jd

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

     "      Section 1. Upon a written motion by any person who has been convicted of a felony offense, the court that entered the judgment of conviction for the felony offense shall order DNA testing of specific evidence if the court finds that all of the following apply:

             (1)    The petitioner asserts, under penalty of perjury, that the petitioner is actually innocent of the felony offense for which the petitioner is under a sentence of imprisonment or death;

             (2)    The petitioner's conviction is final under chapter 23A-32;

             (3)    The petitioner has exhausted any claim for relief under chapter 21-27 or 28 U.S.C. §  2254;

             (4)    The specific evidence to be tested was secured in relation to the investigation or prosecution of the felony offense for which the petitioner was convicted;

             (5)    The specific evidence was either:

             (a)    Not previously subjected to DNA testing and the petitioner did not:

             (i)    Knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of this Act; or

             (ii)    Knowingly fail to request DNA testing of that evidence in a prior petition for relief under chapter 21-27 or 28 U.S.C. § 2254; or

             (b)    Previously subjected to DNA testing and the petitioner is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing;

             (6)    The petitioner shows good cause for the failure to request DNA testing of the specific evidence at the time of trial;

             (7)    The specific evidence to be tested exists, is in the possession of the state, and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing;

             (8)    The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;

             (9)    The petitioner identifies a theory of defense that:

             (a)    Is consistent with an affirmative defense presented at trial; or

             (b)    Would establish the actual innocence of the petitioner of the felony offense referenced in the petitioner's assertion under subdivision (1); and

             (10)    If the petitioner was convicted following a trial, the identity of the perpetrator was at issue in the trial.

     Section 2. Upon the receipt of the petitioner's written motion filed under section 1 of this Act, the court shall:

             (1)    Notify the attorney general and the state's attorney who prosecuted the case resulting in the petitioner's conviction; and

             (2)    Allow the state twenty days from the receipt of notice to respond to the motion.

     Section 3. The court may not appoint counsel for an indigent petitioner under this Act. However, the court may refer requests for DNA testing to the Innocence Project in South Dakota or such volunteer attorney as the State Bar of South Dakota may designate.

     Section 4. Nothing in this Act precludes a petitioner from proceeding with privately retained counsel.

     Section 5. Upon receiving notice from the court that a written motion has been made, the attorney general or the state's attorney who prosecuted the case, shall take all reasonable actions necessary to ensure that all evidence which was collected in connection with the investigation or prosecution of the case, and which remains in the actual or constructive custody of the state or any of its political subdivisions, is preserved pending completion of the proceedings under this Act.

     Section 6. The court shall direct that any DNA testing ordered pursuant to section 1 of this Act be carried out by the South Dakota Division of Criminal Investigation. However, the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results.

     Section 7. Nothing in this Act prohibits a convicted person and the state from consenting to and conducting post-conviction DNA testing by agreement of the parties, without filing a motion for post-conviction DNA testing pursuant to this Act.

     Section 8. The results of any DNA testing ordered pursuant to section 1 of this Act shall be disclosed to the court, the petitioner, and the state.

     Section 9. The state shall submit any test results relating to the DNA of the petitioner to the State DNA Database.

     Section 10. If the DNA test results obtained pursuant to this Act are inconclusive or show that the petitioner was the source of the DNA evidence, the DNA sample of the petitioner shall be retained in the State DNA Database.

     Section 11. If the DNA test results obtained pursuant to this Act exclude the petitioner as the source of the DNA evidence, and a comparison of the DNA sample of the petitioner results in a match between the DNA sample of the petitioner and another offense, the attorney general shall notify the appropriate agency and preserve the DNA sample of the petitioner.

     Section 12. If DNA test results obtained pursuant to this Act are inconclusive, the circuit court shall deny the petitioner relief.

     Section 13. If DNA test results obtained pursuant to this Act show that the petitioner was the source of the DNA evidence, the court shall:

             (1)    Deny the petitioner relief; and

             (2)    On motion of the state:

             (a)    Assess the petitioner the cost of any DNA testing carried out pursuant to this Act; and

             (b)    Order that the finding be forwarded to the South Dakota Board of Pardons and Paroles so that the board may consider the finding in reviewing any subsequent parole application submitted by the petitioner.

     Section 14. In any prosecution of the petitioner pursuant to this Act for false assertions or other conduct in proceedings pursuant to this Act, the court, upon conviction of the petitioner, shall sentence the petitioner to a sentence that runs consecutively to any other term of imprisonment the petitioner is serving.

     Section 15. If DNA test results obtained pursuant to this Act exclude the petitioner as the source of the DNA evidence, the petitioner may file a motion for a new trial. The court shall establish a reasonable schedule for the petitioner to file such motion for a new trial and for the state to respond to the motion for a new trial.

     Section 16. The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in section 1 of this Act, for which the petitioner is under a sentence of imprisonment.

     Section 17. Nothing in this Act provides a basis for relief in any state or federal habeas corpus proceeding."


    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 71 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1108 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 HB 1026, 1028, 1049, 1093, 1099, 1111, and 1213 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1010: 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.

     Rep. Killer moved that HCR 1010 as found on pages 462 and 463 of the House Journal be adopted.

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

     And the roll being called:

     Yeas 69, Nays 1, 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; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Steele

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

     HCR 1011: 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.

     Rep. Killer moved that HCR 1011 as found on pages 463 and 464 of the House Journal be adopted.

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

     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; 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; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Steele; Verchio

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

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

     Rep. Wink moved that SCR 4 as found on pages 446 and 464 of the Senate Journal be concurred in as amended.

     The question being on Rep. Wink's motion that SCR 4 be concurred in as amended.

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; 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; 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:
Feinstein; Iron Cloud III; Killer

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

     Rep. Cutler moved that the consideration of Senate amendments to HB 1086 be deferred to Tuesday, February 24th, the 28th legislative day.

     Which motion prevailed.


     Rep. Deadrick moved that the House do concur in Senate amendments to HB 1152.

     The question being on Rep. Deadrick's motion that the House do concur in Senate amendments to HB 1152.

     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.

     SCR 5: A CONCURRENT RESOLUTION, Encouraging flexibility by local governments to accommodate the development of wind energy projects.

     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

     Agriculture and Natural Resources on HB 1070 as found on pages 450 and 451 of the House Journal ; also

     Agriculture and Natural Resources on HB 1071 as found on pages 451 and 452 of the House Journal ; also

     Agriculture and Natural Resources on HB 1129 as found on pages 452 to 454 of the House Journal ; also

     State Affairs on HB 1176 as found on page 455 of the House Journal ; also

     Education on HB 1254 as found on pages 455 to 458 of the House Journal; also

     Appropriations on HB 1091 as found on page 459 of the House Journal ; also


     Appropriations on HB 1142 as found on page 459 of the House Journal ; also

     State Affairs on HB 1251 as found on page 460 of the House Journal be adopted.

     Which motion prevailed.

     Rep. Iron Cloud III moved that the word NOT be stricken from the report of the Committee on State Affairs on HB 1286 as found on page 455 of the House Journal and that the bill be placed on today's calendar.

     The question being on Rep. Iron Cloud III's motion that the word NOT be stricken from the report of the Committee on State Affairs on HB 1286 and that the bill be placed on today's calendar.

     And the roll being called:

     Yeas 26, Nays 44, Excused 0, Absent 0

     Yeas:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

     Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Gosch; Greenfield; Hamiel; Hunt; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Faehn moved that HB 1240 be placed to follow HB 1276 and HB 1224 be placed to follow HB 1240 on today's calendar.

     Which motion prevailed.

     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.

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

     The question being "Shall HB 1009 pass as amended?"

     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; 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; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Russell

     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 1276: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application for tax refunds for the construction of certain agricultural processing and new business facilities.

     Was read the second time.

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     Rep. Rausch moved that HB 1276 be amended as follows:

     On page 1, line 11, of the House Taxation Committee engrossed bill, delete " did not apply for " and insert " was not issued ".

     Which motion prevailed.

     The question being "Shall HB 1276 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 28, Excused 0, Absent 0

     Yeas:
Blake; Boomgarden; Brunner; Curd; Cutler; Dennert; Dreyer; Elliott; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Kirschman; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Ryan); Pitts; Rausch; Romkema; Rounds; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Vanderlinde; Wismer; Speaker Rave

     Nays:
Bolin; Burg; Carson; Cronin; Deadrick; Engels; Faehn; Feickert; Feinstein; Hamiel; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lucas; Nygaard; Olson (Betty); Peters; Putnam; Russell; Schlekeway; Sorenson; Turbiville; Van Gerpen; Vanneman; Verchio; Wink

     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 1240: FOR AN ACT ENTITLED, An Act to prohibit smoking tobacco or carrying lighted tobacco products in certain places and to require certain persons to inform violators of the prohibition.

     Was read the second time.

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     Rep. Bernie Hunhoff moved that HB 1240 be amended as follows:

     On page 4 of the House State Affairs Committee engrossed bill, delete lines 5 and 6.

     A roll call vote was requested and supported.

     The question being on Rep. Bernie Hunhoff's motion that HB 1240 be amended.

     And the roll being called:

     Yeas 48, Nays 22, Excused 0, Absent 0

     Yeas:
Blake; Burg; Carson; Curd; Cutler; Deadrick; Dennert; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirschman; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Peters; Pitts; Putnam; Rausch; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Van Gerpen; Vanderlinde; Wink; Wismer; Speaker Rave

     Nays:
Bolin; Boomgarden; Brunner; Cronin; Dreyer; Engels; Gosch; Juhnke; Kirkeby; Kopp; Krebs; Noem; Nygaard; Olson (Betty); Olson (Ryan); Romkema; Rounds; Russell; Sorenson; Turbiville; Vanneman; Verchio

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried, and HB 1240 was so amended.

1240oa

     Rep. Sorenson moved that HB 1240 be further amended as follows:

     On page 5, after line 6 of the House State Affairs Committee engrossed bill, insert:

"
     Section 12. The effective date of this Act is May 1, 2011.".


     A roll call vote was requested and not supported.

     Rep. Sorenson's motion lost.

     Rep. Tidemann moved the previous question.

     Which motion lost.

1240ta

     Rep. Betty Olson moved that HB 1240 be further amended as follows:

     On page 4, between lines 6 and 7 of the House State Affairs Committee engrossed bill, insert:

"
     Section 9. 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 that meets the following requirements:

             (1)    Is licensed to sell alcoholic beverages for consumption on the premises pursuant to chapter 35-4;

             (2)    Is restricted to persons twenty-one years old or older; and

             (3)    Is separated on all sides from any public place where smoking is prohibited by any combination of solid walls, windows, or doors that extend from the floor to the ceiling, or is an outdoor patio or other open air facility.

     If any establishment in which smoking is allowed pursuant to this section is connected to or housed in a restaurant or other public place where smoking is prohibited and there is a common entryway between the establishment and such public place, the entryway door shall remain closed when not actively in use.

     Any establishment in which smoking is allowed pursuant to this section shall be posted as a smoking establishment.".

     A roll call vote was requested and supported.

     The question being on Rep. Betty Olson's motion that HB 1240 be further amended.

     And the roll being called:

     Yeas 31, Nays 39, Excused 0, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Deadrick; Dreyer; Engels; Gosch; Greenfield; Hamiel; Hoffman; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Noem; Nygaard; Olson (Betty); Olson (Ryan); Romkema; Rounds; Russell; Solum; Sorenson; Steele; Vanneman; Verchio; Wink

     Nays:
Blake; Burg; Curd; Cutler; Dennert; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirschman; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Peters; Pitts; Putnam; Rausch; Schlekeway; Schrempp; Sly; Solberg; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Wismer; Speaker Rave

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

     The question being "Shall HB 1240 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 27, Excused 0, Absent 0

     Yeas:
Blake; Burg; Carson; Curd; Cutler; Dennert; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Peters; Pitts; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Tidemann; Van Gerpen; Vanderlinde; Wismer; Speaker Rave

     Nays:
Bolin; Boomgarden; Brunner; Cronin; Deadrick; Dreyer; Engels; Gosch; Greenfield; Hamiel; Hoffman; Juhnke; Kirkeby; Kirschman; Kopp; Lederman; Noem; Olson (Betty); Olson (Ryan); Putnam; Rounds; Russell; Solum; Turbiville; Vanneman; Verchio; Wink

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

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

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

     And the roll being called:

     Yeas 32, Nays 37, Excused 1, Absent 0

     Yeas:
Brunner; Carson; Dreyer; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gosch; Hamiel; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Lange; Lucas; McLaughlin; Olson (Betty); Olson (Ryan); Romkema; Russell; Schrempp; Sly; Solberg; Steele; Thompson; Van Gerpen; Verchio; Wink

     Nays:
Blake; Bolin; Boomgarden; Burg; Cronin; Curd; Cutler; Deadrick; Dennert; Engels; Faehn; Gibson; Greenfield; Hoffman; Hunt; Juhnke; Krebs; Lederman; Lust; Noem; Novstrup (David); Nygaard; Peters; Pitts; Putnam; Rausch; Rounds; Schlekeway; Solum; Sorenson; Street; Tidemann; Turbiville; Vanderlinde; Vanneman; Wismer; Speaker Rave

     Excused:
Moser

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


      HB 1253: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding administration of the catastrophic county poor relief fund.

     Was read the second time.

     The question being "Shall HB 1253 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Moser; Russell; Vanderlinde

     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 1275: FOR AN ACT ENTITLED, An Act to authorize electronic bingo devices.

     Was read the second time.

     The question being "Shall HB 1275 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 1, 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; Wink; Wismer; Speaker Rave

     Nays:
Verchio

     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 1037: FOR AN ACT ENTITLED, An Act to increase the fees for mailing motor vehicle license plates and decals and to impose a fee for the reassignment of a license plate.

     Was read the second time.

     The question being "Shall HB 1037 pass?"

     And the roll being called:

     Yeas 55, Nays 14, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Feickert; Gibson; 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; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Burg; Dennert; Elliott; Engels; Fargen; Feinstein; Frerichs; Iron Cloud III; Killer; Kirschman; Lucas; Schrempp; Solberg; Thompson

     Excused:
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 1149: FOR AN ACT ENTITLED, An Act to allow a person or entity to offer postsecondary education credit in South Dakota while seeking accreditation from a recognized accrediting agency.

     Was read the second time.

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     Rep. Brunner moved that HB 1149 be amended as follows:

     On page 1, line 8, of the House Education Committee engrossed bill, after " 2009, " insert " as a regional or national institutional accrediting agency, ".

     On page 1, delete lines 12 and 13, and insert " from a recognized accrediting agency while operating in South Dakota under an affiliation agreement with an institution accredited by an agency recognized by the United States Department of Education as a regional or national institutional accrediting agency or an institution that participates in federal financial assistance programs if, under the terms of the articulation agreement, the institution holding regional or national institutional accreditation or participating in federal financial aid programs is responsible for awarding credits and degrees, maintaining transcripts, and, in appropriate circumstances, administering federal financial aid programs ".

     On page 2, line 1, delete " accredited by the same agency ".

     Which motion prevailed.

     The question being "Shall HB 1149 pass as amended?"

     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; 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; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Vanderlinde

     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 1297: FOR AN ACT ENTITLED, An Act to restrict the use of minor adjustments to school district boundaries and to revise the application process for minor boundary changes.

     Was read the second time.


     The question being "Shall HB 1297 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 15, Excused 2, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Pitts; Rausch; Romkema; Rounds; Russell; Schrempp; Sly; Solum; Sorenson; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Speaker Rave

     Nays:
Blake; Cronin; Deadrick; Feickert; Feinstein; Killer; Lucas; Olson (Betty); Peters; Schlekeway; Solberg; Street; Thompson; Verchio; Wismer

     Excused:
Putnam; Vanderlinde

     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 1301: FOR AN ACT ENTITLED, An Act to create the South Dakota Ellsworth Development Authority.

     Was read the second time.

     The question being "Shall HB 1301 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 6, Excused 1, Absent 0

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

     Nays:
Cronin; Feickert; Greenfield; Iron Cloud III; Killer; Peters

     Excused:
Vanderlinde

     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 1074: FOR AN ACT ENTITLED, An Act to increase certain expenditure authority previously granted to the Board of Regents, to designate circumstances in which such authority may be used, to appropriate funds therefor, and to declare an emergency.

     Was read the second time.

1074mh

     Rep. Tidemann moved that HB 1074 be amended as follows:

     On page 2, line 5, of the House Appropriations Committee engrossed bill, delete "1008" and insert "2008".

     Which motion prevailed.

     The question being "Shall HB 1074 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent 0

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

     Nays:
Engels; Feickert; Hamiel; Killer; Kirkeby; Kopp; Lucas; Olson (Betty); Russell; Van Gerpen; Verchio; Wink

     Excused:
Sorenson; 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 1183: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents and the South Dakota Building Authority to contract for construction of the Higher Education Center- West River and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1183 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 27, Excused 0, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Dennert; Dreyer; Elliott; Faehn; Fargen; Gosch; Hoffman; Hunt; Iron Cloud III; Jensen; Kirkeby; Kopp; Krebs; Lange; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Speaker Rave

     Nays:
Blake; Cronin; Curd; Cutler; Deadrick; Engels; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Hamiel; Hunhoff (Bernie); Juhnke; Killer; Kirschman; Lederman; Lucas; Nygaard; Olson (Betty); Pitts; Russell; Sorenson; Street; Vanderlinde; Verchio; Wismer

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

     Rep. Lust announced his intention to reconsider the vote by which HB 1183 lost.

    Speaker Rave now presiding.

     HB 1038: FOR AN ACT ENTITLED, An Act to increase the license fees for coin-operated washers and dryers, to increase the brand registration fees on certain alcoholic beverages, to increase the fees for certain malt beverage and wine licenses, and to revise the distribution of certain malt beverage and wine license fees.

     Was read the second time.

1038ua

     Rep. Dennert moved that HB 1038 be amended as follows:

     On page 1 of the printed bill, delete lines 6 to 15, inclusive.
     On page 2, delete lines 1 to 5, inclusive.

     Which motion lost.

     The question being "Shall HB 1038 pass?"

     And the roll being called:

     Yeas 42, Nays 28, Excused 0, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kopp; Krebs; Lederman; Lust; McLaughlin; Noem; Novstrup (David); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Speaker Rave

     Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Killer; Kirkeby; Kirschman; Lange; Lucas; Moser; Nygaard; Olson (Betty); Russell; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Verchio; Wismer

     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 1237: FOR AN ACT ENTITLED, An Act to make an appropriation to fund certain property and sales tax refunds for elderly persons and persons living with a disability.

     Was read the second time.

1237ua

     Rep. Dennert moved that HB 1237 be amended as follows:

     On page 1, between lines 9 and 10 of the printed bill, insert:

"
     Section 2. That § 10-45A-5 be amended to read as follows:

     10-45A-5.   The amount of any claim made pursuant to this chapter by a claimant from a household consisting solely of one individual shall be determined as follows:

             (1)      If the claimant's income is four thousand two hundred fifty dollars or less, a sum of two hundred fifty-eight dollars;
             (2)      If the claimant's income is four thousand one two hundred fifty-one dollars and not more than ten thousand two hundred fifty five hundred dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between ten thousand two hundred fifty five hundred dollars and the income of the claimant;

             (3)      If the claimant's income is more than ten thousand two hundred fifty five hundred dollars, no refund.

     Section 3. That § 10-45A-6 be amended to read as follows:

     10-45A-6.   The amount of any claim made pursuant to this chapter by a claimant from a household consisting of more than one individual shall be determined as follows:

             (1)      If household income is six thousand seven hundred fifty seven thousand dollars or less, the sum of five hundred eighty-one dollars;

             (2)      If household income is six thousand seven hundred fifty-one seven thousand one dollars and not more than thirteen thousand two hundred fifty five hundred dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between thirteen thousand two hundred fifty five hundred dollars and total household income;

             (3)      If household income is more than thirteen thousand two hundred fifty five hundred dollars, no refund. ".

     Which motion lost.

1237ub

     Rep. Dennert moved that HB 1237 be amended as follows:

     On page 1, line 4, of the printed bill, delete "eight hundred" and insert "six hundred fifty thousand dollars ($ 650,000 )".

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

     Which motion prevailed.

     The question being "Shall HB 1237 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 majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1211: FOR AN ACT ENTITLED, An Act to revise the time frame and requirements for certain alcoholic beverage licensees to provide on-sale service of alcoholic beverages on Sunday.

     Was read the second time.

     The question being "Shall HB 1211 pass?"

     And the roll being called:

     Yeas 53, Nays 17, Excused 0, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Juhnke; Kirkeby; Kirschman; Lange; Lederman; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Solberg; Solum; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Blake; Deadrick; Hunt; Killer; Kopp; Krebs; Lucas; Noem; Olson (Betty); Putnam; Russell; Schrempp; Sly; Sorenson; Steele; Van Gerpen; Verchio

     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 1200: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     Was read the second time.

     Rep. Noem moved that HB 1200 be laid on the table.

     The question being on Rep. Noem's motion that HB 1200 be laid on the table.

     And the roll being called:

     Yeas 58, Nays 12, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Engels; Faehn; Feickert; Feinstein; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; 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; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Elliott; Fargen; Frerichs; Gibson; Killer; Kirschman; Lucas; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1200 was tabled.

     HB 1201: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

     Was read the second time.

     Rep. Noem moved that HB 1201 be laid on the table.

     The question being on Rep. Noem's motion that HB 1201 be laid on the table.

     And the roll being called:

     Yeas 59, Nays 11, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Feickert; Feinstein; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; 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; Schrempp; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Dennert; Elliott; Fargen; Gibson; Killer; Kirschman; Lucas; Solberg; Sorenson; Thompson; Vanderlinde

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1201 was tabled.

     HB 1007: FOR AN ACT ENTITLED, An Act to increase certain noncommercial and commercial motor vehicle license fees.

     Was read the second time.

1007of

     Rep. Peters moved that HB 1007 be amended as follows:

     On page 3 of the House Transportation Committee engrossed bill, delete lines 3 to 6, inclusive, and insert:

"      Section 4. That § 32-5-30 be amended to read as follows:

     32-5-30.   If any noncommercial motor vehicle, according to the manufacturer's model year designation, is five ten 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. ".


     On page 4, delete lines 4 to 6, inclusive, and insert:

"

     If any commercial motor vehicle, according to the manufacturer's model year designation, is five ten 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.".

     The Speaker, being in doubt of the voice vote, called for a division of the House.

     Rep. Peter's motion lost.

     The question being "Shall HB 1007 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 25, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Carson; Cronin; Deadrick; Dreyer; Elliott; Faehn; Feickert; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Bolin; Burg; Curd; Cutler; Dennert; Engels; Fargen; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Peters; Russell; Schrempp; Solberg; Sorenson; Van Gerpen; Vanderlinde

     Excused:
Putnam

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

     Rep. Ryan Olson announced his intention to reconsider the vote by which HB 1007 lost.

     Rep. Faehn moved that the balance of the calendar including HB 1072, 1229, and 1225 and SB 1, 51, 40, 69, 19, 109, and 17 be deferred to Tuesday, February 24th, the 28th legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1010, 1013, 1014, 1019, 1020, 1021, 1062, 1094, 1110, 1139, 1171, and 1186 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 23, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1004, 1026, 1028, 1040, 1043, 1049, 1058, 1076, 1093, 1099, 1111, 1117, 1119, and 1213 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1004: FOR AN ACT ENTITLED, An Act to  provide for the killing of mountain lions under certain circumstances.

     HB 1026: FOR AN ACT ENTITLED, An Act to  revise certain provisions permitting cities and counties to issue full-service restaurant on-sale alcohol licenses.

     HB 1028: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of real estate appraisers and the conditions upon which a penalty may be imposed on a real estate appraiser.

     HB 1040: FOR AN ACT ENTITLED, An Act to  revise certain license, registration, and inspection fees related to food service establishments, lodging establishments, and campgrounds.

     HB 1043: FOR AN ACT ENTITLED, An Act to  make an appropriation to reimburse certain family physicians and dentists who have complied with the requirements of the physician tuition reimbursement program or the dental tuition reimbursement program.

     HB 1049: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding captive insurance companies.

     HB 1058: FOR AN ACT ENTITLED, An Act to  revise certain practice privileges for certified public accountants licensed in other states.

     HB 1076: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to replace certain real estate held for agriculture field laboratory research purposes, to make improvements to the replacement lands, and to make an appropriation for such purposes.

     HB 1093: FOR AN ACT ENTITLED, An Act to  revise the boundaries of the James River Water Development District.

     HB 1099: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding insurance coverage for residential property that is destroyed while under construction.

     HB 1111: FOR AN ACT ENTITLED, An Act to  clarify and repeal certain redundancies in the provisions relating to the sale of substandard milk.

     HB 1117: FOR AN ACT ENTITLED, An Act to  permit water user districts to provide certain health and life insurance benefits.

     HB 1119: FOR AN ACT ENTITLED, An Act to  permit background checks for persons seeking employment with municipalities.

     HB 1213: FOR AN ACT ENTITLED, An Act to  allow school districts to enter into group health insurance contracts that include dental and vision insurance, and to allow school districts to offer group life and group health insurance benefits to retired employees.

     And signed the same in the presence of the House.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 6:49 p.m. the House adjourned.

Karen Gerdes, Chief Clerk