JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 25, 2009

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

     The prayer was offered by the Chaplain, Pastor Steve Ferguson, followed by the Pledge of Allegiance led by House page Owen Shay.

     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-eighth 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 25, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 24, 2009, I approved House Bills 1010, 1013, 1019, 1020, 1021, 1062, 1094, 1139, and 1186, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

HONORED GUESTS

     Rep. Gibson introduced Joanne Groves, a member of the Huron School District Board, as the 2008-2009 Outstanding School Board Member of South Dakota.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill be amended as follows:

64oa

     On page 2, line 17, of the printed bill, before "Has" insert "1.".

     On page 2, between lines 19 and 20, insert:

"2. Has this new residential building received or will it receive any other energy efficient certification?

Yes _____ No _____

If yes, which certification(s): ______________________________________".


     On page 3, delete lines 18 to 20, inclusive.

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

154ob

     On page 1, line 12, of the Senate Local Government Committee engrossed bill, after "dwelling," insert "mobile or manufactured home,".

     On page 2, line 1, after "to" insert "any".

     On page 2, line 2, delete everything before "constructed" and insert "home as defined in chapter 32-7A which is used for purposes other than residential that is".

     On page 2, line 4, after "construction" insert "if the structure complies with applicable accessibility standards for the occupancy intended".

    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 SCR 3 and returns the same with the recommendation that said resolution be concurred in.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  1 which was 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 SB  88 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  101 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 Education respectfully reports that it has had under consideration SB 38 and returns the same with the recommendation that said bill be amended as follows:

38cc

     On page 1, line 7, of the Senate Education Committee engrossed bill, after "territory." Insert "However, any plan for reorganization approved by the secretary of education prior to July 1, 2009, is exempt from this requirement.".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 91 and returns the same with the recommendation that said bill be amended as follows:

91cc

     On page 2, line 17, of the Senate Education Committee engrossed bill, after " district " insert " with a current tax levy for the capital outlay fund that is equal to or less than its tax levy for the capital outlay fund in school fiscal year 2008 ".

91cd

     On page 2, line 16, of the Senate Education Committee engrossed bill, delete " 2014 " and insert " 2012 ".

91ctc

     On page 1, line 1, of the Senate Education Committee engrossed bill, delete "five" and insert "three".

    And that as so amended said bill do pass.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  29 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB  22, 31, 61, and 84 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 SB 8 and returns the same with the recommendation that said bill be amended as follows:

8ta

     On page 2, line 16, of the printed bill, delete " two hundred " and insert " three hundred seventy-five ".

    And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 65 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 SB 6 and 7 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Joni M. Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1126 which has passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to transmit herewith SB 50, 100, 147, 153, 159, 160, 169, 184, and 191 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 6 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1012: A CONCURRENT RESOLUTION, Supporting the exploration and development of energy resources.

     Rep. Lederman moved that HCR 1012 as found on pages 517 and 518 of the House Journal be adopted.

     The question being on Rep. Lederman's motion that HCR 1012 be adopted.

     And the roll being called:

     Yeas 50, Nays 20, Excused 0, Absent 0

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

     Nays:
Blake; Burg; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Iron Cloud III; Killer; Kirschman; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde; Wismer

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1012 was adopted.

     SCR 6: A CONCURRENT RESOLUTION, Supporting certain health screening programs sponsored by the South Dakota Lions Foundation.

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

     Rep. Faehn moved that when we adjourn today, we adjourn to convene at 2:00 p.m. on Monday, March 2nd, the 30th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Faehn moved that the report of the Standing Committee on

     Agriculture and Natural Resources on SB 105 as found on page 510 of the House Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 50: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009.

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

     SB 100: FOR AN ACT ENTITLED, An Act to revise the method of sale of certain tobacco products.

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

     SB 147: FOR AN ACT ENTITLED, An Act to provide for public access to public records, to provide certain exemptions, and to provide for judicial remedies for noncompliance.

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

     SB 153: FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates.

     Was read the first time and referred to the Committee on Health and Human Services.


     SB 159: FOR AN ACT ENTITLED, An Act to require the redaction of certain numbers before furnishing copies of information.

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

     SB 160: FOR AN ACT ENTITLED, An Act to revise the grounds for which a license of an athletic trainer may be revoked, suspended, or canceled.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 169: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to wind easements.

     Was read the first time and referred to the Committee on Local Government.

     SB 184: FOR AN ACT ENTITLED, An Act to require the terms of certain easements or options to accommodate other easements for wind or essential services.

     Was read the first time and referred to the Committee on Local Government.

     SB 191: FOR AN ACT ENTITLED, An Act to establish eligibility criteria, community planning processes, and quality benchmarks for state-supported prekindergarten programs.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the confidentiality and release of certain child abuse or neglect information.

     Was read the second time.

     The question being "Shall SB 15 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.

     SB 35: FOR AN ACT ENTITLED, An Act to revise the definition of an assisted living center.

     Was read the second time.

     The question being "Shall SB 35 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.

     SB 45: FOR AN ACT ENTITLED, An Act to provide an exception to the practice of seclusion as it pertains to the treatment of a person with a developmental disability.

     Was read the second time.

     The question being "Shall SB 45 pass?"

     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; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Iron Cloud III

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

     SB 76: FOR AN ACT ENTITLED, An Act to require background investigations for certain optometrist licensees and applicants.

     Was read the second time.

     The question being "Shall SB 76 pass?"

     And the roll being called:

     Yeas 67, Nays 2, 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; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); 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:
Iron Cloud III; Nygaard

     Excused:
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.

     SB 119: FOR AN ACT ENTITLED, An Act to revise the authority of the state, counties, and townships to transfer highway right-of-ways under certain conditions.

     Was read the second time.

     The question being "Shall SB 119 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.

     SB 121: FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal election procedures.

     Was read the second time.

     The question being "Shall SB 121 pass?"

     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; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Iron Cloud III; Nygaard

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

     SB 122: FOR AN ACT ENTITLED, An Act to clarify the status of property contiguous to a municipality that is crossed by railroad property.

     Was read the second time.

     The question being "Shall SB 122 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.

     SB 30: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Department of Transportation file a copy of the official state trunk highway map with every county auditor.

     Was read the second time.

     Rep. Cutler requested that SB 30 be removed from the Consent Calendar.

    Which request was granted.

     SB 12: FOR AN ACT ENTITLED, An Act to limit the amount of tax refunds for construction projects that are located in areas that are included in a tax collection agreement between the state and an Indian tribe.

     Was read the second time.

     The question being "Shall SB 12 pass?"

     And the roll being called:

     Yeas 65, Nays 5, 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; Jensen; Juhnke; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); 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

     Nays:
Iron Cloud III; Killer; Lucas; Nygaard; 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.

     SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the title to real property obtained by a tax deed.

     Was read the second time.

     The question being "Shall SB 13 pass?"

     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; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Iron Cloud III

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

     SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code and to repeal an obsolete reference to the Internal Revenue Code.

     Was read the second time.

     The question being "Shall SB 14 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

     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 SENATE BILLS AND JOINT RESOLUTIONS

     SB 1: FOR AN ACT ENTITLED, An Act to clarify, repeal, update, and make form and style revisions to certain statutes related to the Department of Game, Fish and Parks.

     Was read the second time.

     Rep. Brunner moved that SB 1 be deferred to Monday, March 2nd, the 30th legislative day.

     Which motion prevailed.

     SB 51: FOR AN ACT ENTITLED, An Act to provide for a drug screening program for certain applicants and employees of the Wildland Fire Suppression Division.

     Was read the second time.

     The question being "Shall SB 51 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

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

     SB 40: FOR AN ACT ENTITLED, An Act to revise the financial assurance requirements for responding to accidental releases of chemical or biological ore leaching agents from certain permitted mines.

     Was read the second time.

     The question being "Shall SB 40 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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

     Excused:
Cutler

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

     SB 69: FOR AN ACT ENTITLED, An Act to revise the requirement for a fire equipment shop.

     Was read the second time.

     The question being "Shall SB 69 pass?"

     And the roll being called:

     Yeas 53, Nays 17, Excused 0, Absent 0

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

     Nays:
Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson; Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Russell; Schrempp; Solberg; Thompson; 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.

     SB 19: FOR AN ACT ENTITLED, An Act to revise the grounds for which continuation or conversion is not required for certain group health policies.

     Was read the second time.

     The question being "Shall SB 19 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.

     SB 109: FOR AN ACT ENTITLED, An Act to revise the provisions for the risk pool to allow uninsurable children to enroll and to provide for additional funding.

     Was read the second time.

     The question being "Shall SB 109 pass?"

     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; 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:
Kopp

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

     SB 17: FOR AN ACT ENTITLED, An Act to revise certain driver licensing provisions.

     Was read the second time.

     Rep. Hunt moved that SB 17 be deferred to Monday, March 2nd, the 30th legislative day.

     Which motion prevailed.

     SB 46: FOR AN ACT ENTITLED, An Act to change the name of adjustment training center to community support provider.

     Was read the second time.

     The question being "Shall SB 46 pass?"

     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; 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

     Nays:
Greenfield

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

     SB 73: FOR AN ACT ENTITLED, An Act to permit persons sixteen years of age to donate blood under certain circumstances.

     Was read the second time.

     The question being "Shall SB 73 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.

     SB 110: FOR AN ACT ENTITLED, An Act to repeal the limited campaign finance disclosure statement which could be used by certain candidates or candidate campaign committees for legislative office.

     Was read the second time.

     Rep. Boomgarden moved that SB 110 be deferred to Tuesday, March 3rd, the 31st legislative day.

     Which motion prevailed.

     SB 23: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

     Was read the second time.

     The question being "Shall SB 23 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.

     SB 16: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of biodiesel and biodiesel blends.

     Was read the second time.

     The question being "Shall SB 16 pass?"

     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; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; 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:
Kopp; Olson (Betty); 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.

     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 appointed Sens. Abdallah, Tieszen, and Gillespie as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1086.

Respectfully,
Trudy Evenstad, Secretary


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1004, 1026, 1028, 1040, 1043, 1049, 1058, 1076, 1093, 1099, 1111, 1117, 1119, and 1213 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 25, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1108 and 1126 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1108: FOR AN ACT ENTITLED, An Act to  repeal certain provisions relating to the purchase of stationery for county officers.

     HB 1126: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding a private applicator of pesticides becoming a qualified driver for the purpose of motor carrier safety.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1016  Introduced by:  Representatives Rounds, Bolin, Brunner, Cronin, Curd, Cutler, Deadrick, Elliott, Faehn, Feickert, Frerichs, Gosch, Hoffman, Jensen, Kirkeby, Kopp, Lederman, McLaughlin, Moser, Novstrup (David), Olson (Betty), Olson (Ryan), Peters, Pitts, Schlekeway, Sly, Solberg, Steele, Street, Thompson, Turbiville, Van Gerpen, Vanneman, and Verchio and Senators Gray, Bradford, Fryslie, Gant, Haverly, Howie, Nelson, Olson (Russell), and Tieszen

         A LEGISLATIVE COMMEMORATION,  Honoring coach Tom Rogers for achieving his 300th win as the head coach of the Stanley County Lady Buffs Basketball Team.
     WHEREAS,  on the night of February 17, 2009, the Stanley County Lady Buffs Basketball Team, led by coach Tom Rogers, defeated Chamberlain 63-32 giving head coach Tom Rogers win 300; and

     WHEREAS,  coach Tom Rogers has contributed a great deal to his school for twenty-one years and to his school's athletic program, with a record of 300-154, winning ten district titles and five region championships; and

     WHEREAS,  coach Tom Rogers, with the support of his wife Kim, daughter Lindsey, and son Josh, has contributed a great deal to the athletes and to the game of basketball through his work ethic in coaching:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that head coach Tom Rogers be honored for achieving win 300.

     HC 1017  Introduced by:  Representatives Olson (Ryan), 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, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanneman, Verchio, and Wink and Senators Gray, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Hansen (Tom), Haverly, Howie, Hundstad, Hunhoff (Jean), Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle

         A LEGISLATIVE COMMEMORATION,  Honoring the Pierre Junior Shooters' BB Gun Team as International Champions.

     WHEREAS,  the Pierre Junior Shooters' BB Gun Team participated in the 43rd annual International BB Gun Championship Match in Bowling Green, Kentucky, on July 5-6, 2008; and

     WHEREAS,  the Pierre Junior Shooters' BB Gun Team competed against thirty-two other teams and captured the International Championship with a score of 2382 out of a possible 2500 points. The team was also the high scoring team on the written test with a score of 496 out of a possible 500 points; and

     WHEREAS,  this team was led to victory under the guidance and dedication of coaches Gene Garber, John Forman, and Bob Kallemeyn; and

     WHEREAS,  the team members Lane Feller, Tiera Feller, Roberta Forman, Kelsey Garber, and Cole Hoelscher; and team alternates Brittany Beck and Megan Stulken exhibited consistency, determination, knowledge, and sportsmanship throughout the season:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Pierre Junior Shooters' BB Gun Team be honored and recognized for their excellent marksmanship and score in winning the 43rd annual International BB Gun Championship.

     HC 1018  Introduced by:  Representatives Tidemann, 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, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Hunhoff (Jean), Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle

         A LEGISLATIVE COMMEMORATION,  Honoring Dr. Robert V. Burns on thirty-five years of outstanding service to the South Dakota Legislative Internship Program.

     WHEREAS,  Dr. Robert V. Burns, recently retired professor of political science, former head of the Department of Political Science, and the first Dean of the Honors College at South Dakota State University, began serving as a campus coordinator for the South Dakota Legislative Internship Program during the 1973-74 school year, the first year of the internship program; and
    
     WHEREAS,  Dr. Burns, since that first year, assisted one hundred sixty-seven South Dakota State University students in becoming legislative interns and served as a valuable mentor to those students; and
    
     WHEREAS,  Dr. Burns was a model campus coordinator and a valuable advisor to, and a valuable promoter of, the South Dakota Legislative Internship Program, year after year; and

     WHEREAS,  Dr. Burns retired in 2008, the year that marked his thirty-fifth consecutive year as a campus coordinator for the South Dakota Legislative Internship Program at South Dakota State University:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Dr. Robert V. Burns be hereby recognized, congratulated, and thanked for his thirty-five years of dedicated and outstanding service to the South Dakota Legislature as a campus coordinator for the South Dakota Legislative Internship Program at South Dakota State University and be extended the best of wishes in his retirement.

      HC 1019  Introduced by:  The Members of the Eighty-Fourth Legislative Session

         A LEGISLATIVE COMMEMORATION,  Honoring the Winner School District as a 2008 Secretary of Defense Employer Support Freedom Award winner.

     WHEREAS,  on September  18, 2008, the Winner School District received a 2008 Secretary of Defense Employer Support Freedom Award at a ceremony in Washington, D.C.; and

     WHEREAS,  the Winner School District was selected from nominated employers from across the country, and 2,199 employers were nominated for the Freedom Award; and

     WHEREAS,  the Winner School District has shown unwavering support of all employees who serve in the National Guard and Army Reserves and their families; and

     WHEREAS,  the Winner School District serves as an excellent example for school districts in South Dakota and across the nation as the only such entity to receive this prestigious award in 2008:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Winner School District be honored for receiving the 2008 Secretary of Defense Employer Support Freedom Award.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:12 p.m. the House adjourned.

Karen Gerdes, Chief Clerk