House of Representatives Journal 3/2/2009 02:00 PM

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

The Honorable Tim Rave
Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501-5070

COMMUNICATIONS AND PETITIONS

March 2, 2009

Dear Speaker Rave and Members of the House of Representatives,

I herewith return House Bill 1171 and VETO the same.

House Bill 1171 is entitled, An Act to exempt any school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county.

The title of the bill aptly describes what House Bill 1171 does. While creating a connection between the county and a high school was argued by the proponents, I believe the real purpose of the bill is to exempt the Herreid School District from the minimum school size of 100, as stipulated by SDCL 13-6-97.

An unintended consequence of House Bill 1171 may be to exempt other school districts from provisions of SDCL 13-6-97. There are 22 counties in eastern South Dakota which are smaller than Campbell County. The protection House Bill 1171 seeks to provide may be extended to school districts which have fewer students than the Herreid School District in counties much smaller than Campbell County. As such, I believe artificial lines on a map should not be the basis for an exemption from the reorganization requirement. Instead, I believe physical factors, such as distance from another secondary school, land area of the school district, and other geographic circumstances need to be the basis by which to consider an exemption to SDCL 13-6-97. Exemptions to SDCL 13-6-97 should be considered only when there are significant factors which limit the ability of a school district to reorganize with another school district. Again, those factors should be the basis for law, not arbitrary boundaries which are over 100 years old.

Testimony provided by proponents to House Bill 1171 indicated the Herreid School District is not currently below the minimum school size of 100. Also, proponents to House Bill 1171 testified in the Education Committees the school district's enrollment is not likely to fall below 100 students in the near future. Current enrollment data from the Department of Education indicate 2008 K-12 enrollment at 132 students. It also appears enrollment for the past 5 years has been relatively stable: 2007 fall enrollment (129), 2006 (133), 2005 (140), 2004 (140). The data further indicate the Herreid School District enrollments will not fall below the 100 minimum in the near future. Grades K-5 currently have 44 students, grades 6-8 have 40 students, and the high school grades 9-12 have 42 students.

Testimony given by members of the community described very positive activity for economic development in the Herreid area. I commend the leadership of the community for their efforts to bring businesses to the region. Economic growth in Herreid should yield more jobs and, thus, more families moving into the area. This will help stabilize, if not increase, enrollment for the Herreid School District.

Over the course of the past 2 years, the school districts of Conde, Harrold, Polo, Carthage, South Shore, Northwestern, and most recently Wood, have all reorganized. They have reorganized with other school districts in compliance with state law.

Because these reorganized school districts have complied with the provisions of SDCL 13-6-97, I believe it is a harmful precedent to exempt a school district from the provisions of SDCL 13-6-97 based solely upon an arbitrary factor such as a county boundary. I believe it is unfair to the citizens of these districts, who have complied with the law, to allow the exception provided by House Bill 1171. All these communities have made difficult decisions and sacrifices necessary to reorganize. House Bill 1171 may be seen as an injustice to these citizens.

I urge the sponsors and the proponents of House Bill 1171 to consider an exception or exceptions to the provisions of SDCL 13-6-97 which are based upon geographic or other considerations which may impair the ability of a school district to efficiently reorganize with another school district.

Therefore, I respectfully request that you concur with my action.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

The Committee on Appropriations respectfully reports that it has had under consideration SB 39, 47, 48, 52, and 66 and returns the same with the recommendation that said bills do pass.

The Committee on Appropriations respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Respectfully submitted,
Larry Tidemann, Chair

On page 1, line 12, of the Senate State Affairs Committee engrossed resolution, delete everything after "members" insert "of the Legislature".

The Committee on State Affairs respectfully reports that it has had under consideration SB 141 and 180 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 5 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 State Affairs respectfully reports that it has had under consideration SJR 3 and returns the same with the recommendation that said resolution be amended as follows:

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On page 1, delete line 13, and insert "shall be ~~two years; they~~ four years for each term of office beginning in a year that ends in a three or a seven and two years for each term of office beginning in a year that ends in a one. ".

On page 2, line 2, delete " twelve " and insert " ten ".

On page 2, line 4, delete " six " and insert " three ".

On page 2, line 4, delete " twelve " and insert " ten ".

J3ota

On page 1, line 3, of the Senate State Affairs Committee engrossed resolution, delete "senatorial" and insert "legislative".

And that as so amended said resolution do pass.

Respectfully submitted,
Bob Faehn, Chair

On page 5 of the Senate Education Committee engrossed bill, delete line 24.

The Committee on Education respectfully reports that it has had under consideration SB 81 and 174 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

106cb

On page 6, delete lines 1 to 3, inclusive.

On page 6, after line 8, insert:

"
Section 5. This Act is effective on July 1, 2011.".

106cc

On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:

"
Section 1. Education in South Dakota is hereby enhanced."

106ctb

On page 1, line 1, of the Senate Education Committee engrossed bill, delete everything after "An Act to" and insert "enhance education in South Dakota.".

On page 1, delete lines 2 to 4, inclusive.

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

126cd

On page 1, line 11, of the Senate engrossed bill, before " successfully " insert " the child ".

On page 3, line 8, before " successfully " insert " the child ".

And that as so amended said bill do pass.

Respectfully submitted,
Ed McLaughlin, Chair

The Committee on Commerce respectfully reports that it has had under consideration SB 128 and 136 and returns the same with the recommendation that said bills do pass.

The Committee on Commerce respectfully reports that it has had under consideration SB 133 and 187 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

REPORTS OF SELECT COMMITTEES

MR. SPEAKER:

Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the following change to the calendar of the Eighty- fourth Legislative Session: Friday, March 6, 2009, will become the 34^th legislative day and will observe the Tuesday/Thursday committee schedule.

Respectfully submitted,    Respectfully submitted,
Jamie Boomgarden    Bob Gray
David Lust    Dave Knudson
Marc Feinstein    Scott Heidepriem
House Committee    Senate Committee

Rep. Faehn moved that the report of the Joint-Select Committee relative to changing the legislative days for the Eighty-fourth Legislative Session be adopted.

Which motion prevailed.

MESSAGES FROM THE SENATE

I have the honor to inform your honorable body that HB 1154 was lost on second reading and final passage.

I have the honor to return herewith HB 1057, 1080, 1103, 1122, 1123, 1134, 1138, 1150, 1155, 1158, 1197, 1202, 1205, 1231, and 1238 which have passed the Senate without change.

I have the honor to return herewith HCR 1010 and 1011 in which the Senate has concurred.

I have the honor to transmit herewith SB 148 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

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

Rep. Putnam moved that SCR 6 as found on pages 506 and 507 of the Senate Journal be concurred in.

The question being on Rep. Putnam's motion that SCR 6 be concurred in.

SCR 3: A CONCURRENT RESOLUTION, Supporting a study of the potential creation of a Department of Veterans Affairs as a cabinet-level department.

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 motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 6 was concurred in.

Rep. Nygaard moved that SCR 3 as found on pages 319 and 320 of the Senate Journal be concurred in.

The question being on Rep. Nygaard's motion that SCR 3 be concurred in.

Yeas 57, Nays 12, Excused 1, Absent 0

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

Nays:
Brunner; Cutler; Dreyer; Jensen; Juhnke; Novstrup (David); Olson (Ryan); Peters; Sly; Steele; Verchio; Wink

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.

HCR 1013 Introduced by: Representatives Steele, Bolin, Brunner, Carson, Cronin, Curd, Cutler, Deadrick, Dreyer, Engels, Greenfield, Hamiel, Hoffman, Hunt, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lange, Lederman, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), Peters, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Sly, Solum, Tidemann, Van Gerpen, Vanneman, Verchio, Wink, and Wismer and Senators Novstrup (Al), Adelstein, Bartling, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Haverly, Howie, Hunhoff (Jean), Maher, Nelson, Olson (Russell), Peterson, Rhoden, and Schmidt

A CONCURRENT RESOLUTION, Reasserting sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers and serving notice to the federal government to cease and desist certain mandates.

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more and the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

WHEREAS, today, in 2009, the states are demonstrably treated as agents of the federal government and many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

WHEREAS, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

WHEREAS, any Act by the Congress of the United States, Executive Order of the President of the United States of America, or Judicial Order by the judicatories of the United States of America which assumes a power not delegated to the government of the United States of America by the Constitution of the United States of America and which serves to diminish the liberty of any of the several states or their citizens constitutes a nullification of the Constitution of the United States of America by the government of the United States of America; and

WHEREAS, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the State of South Dakota hereby reasserts sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and

BE IT FURTHER RESOLVED, that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed; and

BE IT FURTHER RESOLVED, that this concurrent resolution serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 64 as found on page 548 of the House Journal ; also

State Affairs on SB 154 as found on page 549 of the House Journal ; also

Education on SB 38 as found on page 550 of the House Journal ; also

Education on SB 91 as found on page 550 of the House Journal ; also

Commerce on SB 8 as found on page 551 of the House Journal be adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 148: FOR AN ACT ENTITLED, An Act to permit the cancellation of insurance when a person is no longer a participant in the 24/7 sobriety program.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 101: FOR AN ACT ENTITLED, An Act to clarify the school residence of a child assigned to an approved out of district special education residential or tuition day program when the residence of the child's parent or guardian changes.

The question being "Shall SB 101 pass?"

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 22: FOR AN ACT ENTITLED, An Act to authorize counties to borrow funds for the construction and operation of solid waste management facilities through the issuance of revenue bonds and to set rates in an amount sufficient to retire the bonds.

The question being "Shall SB 22 pass?"

Yeas 68, Nays 1, 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; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Russell

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.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain labeling requirements for gasoline or gasoline blends.

The question being "Shall SB 31 pass?"

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 61: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspection.

Was read the second time.

The question being "Shall SB 61 pass?"

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 84: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to collateral real estate mortgages.

The question being "Shall SB 84 pass?"

SB 6: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the code.

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.

The question being "Shall SB 6 pass?"

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 7: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2008.

The question being "Shall SB 7 pass?"

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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.

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.

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

30oa

Rep. Curd moved that SB 30 be amended as follows:

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

"
Section 1. That § 32-38-1 be amended to read as follows:

32-38-1. Except as provided in chapter 32-37 and § 32-38-3, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is a petty offense and is not a moving traffic offense under the provisions of § 32-12-49.1.

Section 2. That § 32-38-5 be repealed.

~~32-38-5. Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.~~

Section 3. That chapter 32-38 be amended by adding thereto a NEW SECTION to read as follows:

For the purpose of this chapter, a passenger bus means any self-propelled vehicle used on a highway to transport passengers if the vehicle:

(1) Has a gross vehicle weight rating, or gross vehicle weight, of ten thousand one pounds or more, whichever is greater; or

(2) Is designed or used to transport more than fifteen passengers, including the driver."

Rep. Faehn moved the previous question.

A roll call vote was requested and supported.

The question being on Rep. Curd's motion that SB 30 be amended.

Yeas 33, Nays 35, Excused 2, Absent 0

Yeas:
Blake; Burg; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lederman; McLaughlin; Moser; Nygaard; Peters; Rausch; Romkema; Schlekeway; Schrempp; Solberg; Sorenson; Street; Thompson; Tidemann; Van Gerpen; Wismer; Speaker Rave

Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Deadrick; Faehn; Fargen; Feickert; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lust; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Putnam; Rounds; Russell; Sly; Solum; Steele; Turbiville; Vanneman; Verchio; Wink

Excused:
Lucas; Vanderlinde

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 SB 30 pass?"

And the roll being called:

Yeas 44, Nays 25, Excused 1, Absent 0

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

Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Lange; Nygaard; Solberg; Sorenson; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Wismer

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.

Rep. Bernie Hunhoff announced his intention to reconsider the vote by which SB 30 passed.

Speaker Pro tempore Rausch now presiding.

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.

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

1ja

Rep. Brunner moved that SB 1 be amended as follows:

On page 4 of the printed bill, delete lines 14 to 18, inclusive.

The question being "Shall SB 1 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, 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); 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

Nays:
Russell

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

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

17ob

Rep. Hunt moved that SB 17 be amended as follows:

On page 3, line 20, of the House Transportation Committee engrossed bill, after " Register " insert " that establishes identity and date of birth ".

The question being "Shall SB 17 pass as amended?"

Yeas 34, Nays 35, Excused 1, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Engels; Faehn; Hamiel; Hoffman; Hunt; Jensen; Krebs; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Solum; Steele; Tidemann; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Blake; Burg; Dennert; Dreyer; Elliott; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hunhoff (Bernie); Iron Cloud III; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Lange; Lederman; Lucas; Nygaard; Olson (Betty); Putnam; Russell; Schrempp; Sly; Solberg; Sorenson; Street; Thompson; Turbiville; Van Gerpen; Verchio

Excused:
Vanderlinde

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

Rep. Krebs announced her intention to reconsider the vote by which SB 17 lost.

SB 105: FOR AN ACT ENTITLED, An Act to require the State Brand Board to provide certain reports and information and to provide for Senate confirmation for Brand Board members.

The question being "Shall SB 105 pass as amended?"

Yeas 59, Nays 10, Excused 1, Absent 0

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

Nays:
Deadrick; Gosch; Hunt; Juhnke; Putnam; Solum; Street; Tidemann; Van Gerpen; Vanneman

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 88: FOR AN ACT ENTITLED, An Act to rescind the repeal on funding for sparse school districts that will take effect on June 30, 2009.

Rep. Faehn moved that SB 88 be deferred to Wednesday, March 4^th, the 32^nd legislative day.

SB 29: FOR AN ACT ENTITLED, An Act to revise the requirements for replacement or discontinuance of group life insurance policies.

The question being "Shall SB 29 pass as amended?"

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 Rave now presiding.

SB 65: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

Was read the second time.

The question being "Shall SB 65 pass as amended?"

Yeas 67, Nays 2, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); 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

Nays:
Cronin; Gosch

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

I have the honor to inform your honorable body that HB 1228 was lost on second reading and final passage.