JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 3, 2009

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

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by House pages Thad Kaltsulas and Chelsi Paulson.

     Roll Call: All members present except Rep. Putnam who was excused.

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 thirtieth 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 26, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 25, 2009, I approved House Bills 1004, 1014, 1026, 1028, 1040, 1043, 1049, 1058, 1076, 1093, 1099, 1110, 1111, 1119, and 1213, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 3, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 2, 2009, I approved House Bills 1018, 1022, 1082, 1104, 1136, and 1152, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The House proceeded to the reconsideration of HB 1171 pursuant to the veto of the Governor and the veto message found on pages 572 and 573 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall HB 1171 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 28, Nays 41, Excused 1, Absent 0

     Yeas:
Blake; Burg; Carson; Cronin; Dennert; Elliott; Fargen; Feickert; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Novstrup (David); Olson (Betty); Russell; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde; Verchio

     Nays:
Bolin; Boomgarden; Brunner; Curd; Cutler; Deadrick; Dreyer; Engels; Faehn; Feinstein; Gosch; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Wismer; Speaker Rave

     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, sustaining the Governor's veto.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 96 and 127 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 89 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 SB 130 and returns the same with the recommendation that said bill be referred to the Committee on Local Government.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 79 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

 Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 54 and 56 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill be amended as follows:

55ja
     On page 3, line 2, of the printed bill, overstrike "<$2,000,000" and insert " Less than $2,000,001 ".

     On page 3, line 13, overstrike "<$2,000,000" and insert " Less than $2,000,001 ".

    And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 86 and 161 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 Taxation respectfully reports that it has had under consideration SB 80 and returns the same with the recommendation that said bill be amended as follows:

80fa

     On page 1, line 7, of the printed bill, delete " seventy-seven " and insert " seventy-six ".

     On page 1, line 13, delete " sixty " and insert " fifty-nine ".

     On page 2, line 3, delete " nine " and insert " eight ".

     On page 2, line 9, delete " sixty " and insert " fifty-nine ".

    And that as so amended said bill do pass.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 155 and 158 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 183 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 Local Government respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be amended as follows:

115oa

     On page 1, line 12, of the printed bill, overstrike "person who" and insert " natural person, partnership corporation, limited liability company, or limited liability partnership that ".

     On page 1, line 13, after "." insert " If the land is owned by a corporation, limited liability company, or limited liability partnership, the corporation, limited liability company, or limited liability partnership may designate one person who has a ten percent or more interest in the corporation, limited liability company, or limited liability partnership and who is registered to vote in the zoning district to be treated as a landowner. For the purposes of this section, the corporation, limited liability company, or limited liability partnership may provide documentation to the register of deeds designating the person who may act on its behalf. ".

    And that as so amended said bill do pass.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 129 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 18 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 Transportation respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 98 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1024, 1148, 1159, 1184, and 1214 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1050 and 1090 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1013: 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.

     Rep. Steele moved that HCR 1013 as found on pages 579 and 580 of the House Journal be adopted.

     The question being on Rep. Steele's motion that HCR 1013 be adopted.

     And the roll being called:

     Yeas 51, Nays 18, Excused 1, Absent 0

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

     Nays:
Blake; Burg; Dennert; Elliott; Fargen; Feickert; Feinstein; Frerichs; Hunhoff (Bernie); Killer; Kirschman; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Thompson; Vanderlinde

     Excused:
Putnam


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

     Rep. Faehn moved that the reconsideration of SB 17 be placed to precede the reconsideration of SB 30 on today's calendar.

     Which motion prevailed.

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

     Rep. Krebs moved that the House do now reconsider the vote by which SB 17 lost.

     The question being on Rep. Krebs' motion to reconsider the vote by which SB 17 lost.

     And the roll being called:

     Yeas 49, Nays 20, Excused 1, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Kirschman; Krebs; Lange; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Blake; Burg; Fargen; Feickert; Feinstein; Frerichs; Greenfield; Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lederman; Lucas; Olson (Betty); Russell; Schrempp; Solberg; Thompson; Vanderlinde

     Excused:
Putnam

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 17 was up for reconsideration and final passage.

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

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

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

     And the roll being called:

     Yeas 48, Nays 21, Excused 1, Absent 0


     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Kirschman; Kopp; Krebs; Lange; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Rounds; Sly; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Blake; Burg; Fargen; Feickert; Feinstein; Frerichs; Greenfield; Iron Cloud III; Juhnke; Killer; Kirkeby; Lederman; Lucas; Olson (Betty); Russell; Schlekeway; Schrempp; Solberg; Thompson; Vanderlinde; Verchio

     Excused:
Putnam

     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.

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

     Rep. Bernie Hunhoff moved that the House do now reconsider the vote by which SB 30 passed.

     The question being on Rep. Bernie Hunhoff's motion to reconsider the vote by which SB 30 passed.

     And the roll being called:

     Yeas 36, Nays 33, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Burg; Carson; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Fargen; Feinstein; Frerichs; Gibson; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; McLaughlin; Nygaard; Peters; Rausch; Romkema; Schlekeway; Schrempp; Solberg; Sorenson; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wismer

     Nays:
Boomgarden; Brunner; Cronin; Deadrick; Faehn; Feickert; Gosch; Greenfield; Hamiel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lucas; Lust; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Rounds; Russell; Sly; Solum; Steele; Street; Verchio; Wink; Speaker Rave

     Excused:
Putnam

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 30 was up for reconsideration and final passage.

     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 reconsideration and final passage.

30fa

     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 passenger bus:

             (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.

     Which motion prevailed.

     A roll call vote was requested and supported.

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

     And the roll being called:

     Yeas 34, Nays 35, Excused 1, Absent 0

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

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

     Excused:
Putnam

     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 66, Nays 3, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; 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; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Feickert; Feinstein; Sorenson

     Excused:
Putnam

     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.

     HCR 1014  Introduced by:  Representatives McLaughlin, 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, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanneman, Verchio, Wink, and Wismer and Senators Tieszen, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gray, Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Nelson, Nesselhuf, Novstrup (Al), Peterson, Rhoden, and Vehle

         A CONCURRENT RESOLUTION,  Urging awareness and support for reading programs in our homes and communities.

     WHEREAS,  the South Dakota Legislature stands firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and

     WHEREAS,  the South Dakota Legislature has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the state's well being and long-term quality of life; and

     WHEREAS,  "Read Across America," a national celebration of Dr. Seuss's one hundred fifth birthday on March 2, 2009, sponsored by the National Education Association and the South Dakota Education Association, promotes reading and adult involvement in the education of all our children:

     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 2009 South Dakota State Legislature calls on the citizens of this state to ensure that every child is in a safe place reading together with a caring adult on March 2, 2009; and

     BE IT FURTHER RESOLVED,  that this body enthusiastically endorses the "Read Across America" program sponsored by the National Education Association and the South Dakota Education Association, and recommits our state to engage in programs and activities to make America's children the best readers in the world.
     Was read the first time and the Speaker waived the committee referral.

     HCR 1015  Introduced by:  Representatives Brunner, Deadrick, Kirkeby, Noem, Putnam, Street, Tidemann, and Vanneman and Senators Rhoden, Bartling, Fryslie, Gant, Hansen (Tom), and Maher

         A CONCURRENT RESOLUTION,  Stating South Dakota's policy on animal identification programs.

     WHEREAS,  the ability to efficiently track food-producing animals from birth to slaughter is vital to safeguarding animal health, protecting the safety of the food supply, and promoting the economic vitality of South Dakota's animal agriculture industry; and

     WHEREAS,  the United States Department of Agriculture's National Animal Identification System (NAIS) is a voluntary partnership among producers and government that seeks to provide a uniform animal identification system and ensure a forty-eight-hour trace-back of livestock in the event of a disease outbreak; and

     WHEREAS,  implementing NAIS focuses on animal identification for animal health and disease control purposes; and

     WHEREAS,  Section 1619 of the 2008 federal farm bill focuses on producer confidentiality and safeguarding producer information; and

     WHEREAS,  the United States Department of Agriculture has approved a standardized animal identification system that is technology neutral; South Dakota livestock producers acknowledge the importance of partnering with local, state, and federal regulators to create and maintain effective animal disease programs that utilize animal identification; and South Dakota's producers maintain that state control of animal identification and database systems is preferable to federal control:

     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 policy of the State of South Dakota is to continue to work with the United States Department of Agriculture and Congress, seeking to ensure that all components of NAIS remain a voluntary animal identification system that adequately protects producer information, and that producer involvement in NAIS shall remain voluntary in South Dakota unless otherwise required by federal law; and

     BE IT FURTHER RESOLVED,  that the policy of South Dakota is that the South Dakota Animal Industry Board shall maintain control of animal identification systems implemented in South Dakota for animal health purposes, and no state agency may attempt to mandate NAIS for nonvoluntary marketing programs.

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

      HCR 1016  Introduced by:  Representatives Fargen, Cronin, Deadrick, Faehn, Frerichs, Hamiel, Hoffman, Juhnke, Lucas, McLaughlin, Olson (Betty), Olson (Ryan), Rounds, Russell, Schlekeway, Solum, Street, Tidemann, and Vanneman and Senators Heidepriem, Bartling, Bradford, Brown, Garnos, Hanson (Gary), Maher, Olson (Russell), Peterson, and Vehle

         A CONCURRENT RESOLUTION,  Urging the United States Fish and Wildlife Service and the Western Area Power Administration to avoid overly restrictive wildlife criteria and overly burdensome procedural requirements that create unnecessary delays in the siting of wind energy development projects.

     WHEREAS,  the Western Area Power Administration (WAPA) and the United States Fish and Wildlife Service (USFWS) in September of 2008 announced the use of programmatic environmental impact statements for the processing of siting requests for wind energy projects in the upper Great Plains region; and

     WHEREAS,  the programmatic EIS process will define the nature and extent of alternative analysis or mitigation requirements necessary for wind energy generation projects to be built within the whooping crane and other migratory bird flyways, an area that covers a wide strip of territory from Canada to Texas, including much of the state of South Dakota; and

     WHEREAS,  the upper Great Plains is one of the best resources in the world for wind energy development, and Americans generally support wind energy development as an important element in establishing energy security for the United States; and

     WHEREAS,  among its numerous benefits, the development of wind energy would reduce CO2 emissions, reduce water consumption, reduce dependency on coal, slow the loss of native grasslands, and serve as a renewable source of electric energy; and

     WHEREAS,  establishing reasonable regulations related to transmission issues and wildlife protection can help move wind energy projects forward more quickly and efficiently. However, overly restrictive regulations can delay or even halt wind energy development in this region as wind energy projects are particularly time-sensitive; and

     WHEREAS,  protection of the whooping crane and migratory bird flyways is an important environmental goal, but the procedural safeguards to ensure that protection must be reasonable and consider impacts on the economy; and

     WHEREAS,  there is a possibility that the use of the programmatic EIS process could exclude broad areas of some of the best wind energy resources in the upper Great Plains from development out of concern for the whooping crane's migratory path; and

     WHEREAS,  such action could delay indefinitely a wide array of planned wind energy projects in the Dakotas and may end the development of wind energy in the region:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature supports the adoption of reasonable regulations related to wildlife and transmission issues if such regulations help move wind energy projects forward more quickly and efficiently. However, the Legislature urges the United States Fish and Wildlife Service and the Western Area Power Administration to avoid overly restrictive wildlife criteria that will cause significant procedural steps and delay projects related to the siting of wind energy development in South Dakota and the upper Great Plains.

     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 SJR 3 as found on page 574 of the House Journal ; also

     Education on SB 106 as found on page 575 of the House Journal ; also

     Education on SB 126 as found on pages 575 and 576 of the House Journal be adopted.

     Which motion prevailed.

     Rep. Faehn moved that the balance of the calendar including SB 5, 133, 187, 110, 64, 154, 38, 91, 8, 39, 47, 48, 52, 66, 141, 180, 81, 174, 128, and 136 be deferred to Wednesday, March 4th, the 32nd legislative day.

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

     Rep. Faehn's motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1108 and 1126 were delivered to his Excellency, the Governor, for his approval at 11:05 a.m., March 3, 2009.


 Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1024, 1148, 1159, 1184, and 1214 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1024: FOR AN ACT ENTITLED, An Act to  authorize the Department of Transportation to regulate the operation of off-road vehicles in certain state highway ditches.

     HB 1148: FOR AN ACT ENTITLED, An Act to  clarify requirements for employment of a city engineer.

     HB 1159: FOR AN ACT ENTITLED, An Act to  provide for the adjustment of prices in certain public contracts.

     HB 1184: FOR AN ACT ENTITLED, An Act to  clarify provisions dealing with the initiative process.

     HB 1214: FOR AN ACT ENTITLED, An Act to  remove certain speed restrictions for certain vehicles hauling agricultural products or livestock.

     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.

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

     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.

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

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

     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.

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

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

     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.

     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.

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

     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.

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

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

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

     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.

     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.

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

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

     And signed the same in the presence of the House.

      Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 3:34 p.m. the House adjourned.

Karen Gerdes, Chief Clerk