JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 5, 2009

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

     The prayer was offered by the Chaplain, Pastor Harvey Friez , followed by the Pledge of Allegiance led by House pages Brooke Anderson and Austin Perry.

     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 thirty-second 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

March 5, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 4, 2009, I approved House Bills 1057, 1122, 1123, 1134, 1138, 1150, 1158, 1202, 1205, 1231, and 1238, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 151 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 130 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 184 and returns the same with the recommendation that said bill be amended as follows:

184fa

     On page 1 of the Senate engrossed bill, delete lines 6 and 7, and insert "The holder of any wind easement, wind lease, or easement for essential services shall accommodate the reasonable development of another holder of any wind easement, wind lease, or easement for essential services except for competing developers of wind energy projects.".
     On page 1, line 8, delete everything before "For" .

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 169 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 160 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill be amended as follows:

153jc

     On page 2, after line 7 of the Senate Health and Human Services Committee engrossed bill, insert:

"
     Section 3. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

     A birth parent may state a preference regarding contact by an adopted person. The Department of Social Services shall maintain a registry of this contact preference information and make this information available to the Department of Health for the purposes of this section. The Department of Health shall, when issuing a noncertified copy of the original certificate of birth pursuant to section 2 of this Act, provide to the applicant any contact preference information from the registry for that applicant.".

153jtb

     On page 1, line 2, of the Senate Health and Human Services Committee engrossed bill, after "certificates" insert "and the contact preference of birth parents".

    And that as so amended said bill do pass.

Respectfully submitted,
Carol A. Pitts, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 3 and 149 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill be amended as follows:

4ya

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

     "
     Section 1. That § 10-6-33.35 be amended to read as follows:

     10-6-33.35.   There is hereby established the Agricultural Land Assessment Implementation and Oversight Advisory Task Force. The task force shall consist of the following fourteen members:

             (1)      The speaker of the House of Representatives shall appoint four members of the House of Representatives, no more than two of whom may be from one political party;

             (2)      The speaker of the House of Representatives shall appoint three members of the general public, at least one of the members shall have an agricultural background and at least one of the members shall have a business background;

             (3)      The president pro tempore of the Senate shall appoint four members of the Senate, no more than two of whom may be from one political party; and
             (4)      The president pro tempore of the Senate shall appoint three members of the general public, at least one of the members shall have an agricultural background and at least one of the members shall have a business background.

     The initial appointments shall be made no later than July 1, 2008, and shall serve until January 12, 2009. The speaker of the House of Representatives and president pro tempore of the Senate before the close of each regular session of the Legislature held in odd-numbered years shall appoint members to the task force for a term of two years. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment.

     The task force shall advise the department regarding the rules promulgated by the department to administer the provisions concerning the assessment and taxation of agricultural lands and shall review the implementation of the provisions of law concerning the assessment and taxation of agricultural land. The task force shall report to the Senate and House of Representatives and may submit a copy of its report to the Governor. The task force may present draft legislation and policy recommendations to the Legislative Research Council Executive Board.

     The task force shall make recommendations in the following areas:

             (1)      The proper percentage of annual earning capacity to be used to determine the agricultural income value pursuant to § 10-6-33.28; and

             (2)      The proper capitalization rate in order to have total taxable valuation for the taxes payable in 2011 from agricultural property be not more than total taxable valuation for the taxes payable in 2010 from agricultural property plus the estimated growth in agricultural property value in 2010 ;

             (3)    The changes, if any, that must be made to § §  13-10-6, 13-16-7, 13-37-16, and 13-37- 35.1 to ensure that the total amount of additional taxes that may be generated on agricultural land by a school district pursuant to the provisions of § §  13-10-6, 13-16- 7, 13-37-16, and 13-37-35.1 will not provide a substantial property tax revenue increase for the school district pursuant to the implementation of the productivity system pursuant to § §  10-6-33.28 to 10-6-33.33, inclusive; and

             (4)    The changes, if any, that must be made to § §  13-10-6, 13-16-7, 13-37-16, and 13-37- 35.1 to ensure that the total amount of property taxes that may be lost on agricultural land by a school district pursuant to the provisions of § §  13-10-6, 13-16-7, 13-37-16, and 13-37-35.1 will not provide a substantial property tax revenue decrease for the school district pursuant to the implementation of the productivity system pursuant to § §  10-6-33.28 to 10-6-33.33, inclusive . "

4yta

     On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert "provide for additional responsibilities to the Agricultural Land Assessment Implementation and Oversight Advisory Task Force.".

     On page 1, delete line 2.

    And that as so amended said bill do pass.

Respectfully submitted,
Ryan P. Olson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1067, 1101, 1149, 1166, 1167, 1255, 1265, and 1268 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1081, 1177, 1233, and 1239 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 17.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 4 Introduced by: Representatives Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup, David; Nygaard; Olson, Betty; Olson, Ryan; Peters; Pitts; Putnam; Rausch; Rave; Romkema; Rounds; Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eighty-fourth Legislature of the State of South Dakota to Brooke Anderson, Aaron Deutsch, Jessica Hall, Erin Jensen, Thad Kaltsulas, Laurel McHenry, Marissa Nelson, Chelsi Paulson, Austin Perry, Jarrod Roth, Owen Shay, Candace Shippy

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

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

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

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

    Rep. Faehn moved that House Page Resolution 4 be adopted.

    Which motion prevailed and the resolution was adopted.

     Rep. Bernie Hunhoff moved that the House do concur in Senate amendments to HB 1112.

     The question being on Rep. Bernie Hunhoff's motion that the House do concur in Senate amendments to HB 1112.

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Curd; Dennert; 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; McLaughlin; Moser; Noem; Nygaard; Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Wink; Wismer; Speaker Rave

     Nays:
Cronin; Deadrick; Dreyer; Greenfield; Lust; Novstrup (David); Olson (Betty); Steele; Tidemann; Vanneman; Verchio

     Excused:
Cutler

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

     HCR 1017  Introduced by:  Representatives Russell, Greenfield, Hamiel, Jensen, Kirkeby, Lucas, Olson (Betty), Rounds, Schrempp, Sly, Vanneman, Verchio, and Wink and Senators Howie, Bradford, Maher, and Rhoden

         A CONCURRENT RESOLUTION,  Urging a finding by the United States Fish and Wildlife Service that the black-tailed prairie dog is not likely to become an endangered species.

     WHEREAS,  on December 2, 2008, the United States Fish and Wildlife Service (USFWS) issued a ninety-day finding on a petition to list the black-tailed prairie dog as threatened or endangered pursuant to the Endangered Species Act (ESA); and

     WHEREAS,  the USFWS found that the petition presented substantial scientific or commercial information indicating that listing the black-tailed prairie dog may be warranted; and

     WHEREAS,  the ESA defines a "threatened species" as a species that "is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range"; and

     WHEREAS,  in 1961, the United States Bureau of Fisheries and Wildlife estimated there were 364,000 acres of black-tailed prairie dog acres in the entire United States; and

     WHEREAS,  the most recent census of black-tailed prairie dog acreages conducted in 2007 estimated that there were 2,100,000 occupied acres in the United States, including 625,410 acres in South Dakota; and

     WHEREAS,  the USFWS found that "rangewide and statewide trends for area of black-tailed prairie dog occupied habitat appear to be increasing since the low point following a half century of coordinated rangewide control efforts" (73 Fed.Reg. 73214); and

     WHEREAS,  the petition of environmental groups requesting the listing claims that sylvatic plague threatens the existence of the black-tailed prairie dog population, even though the petition states that the plague has infected large portions of the prairie dog populations on the Comanche, Cimarron, Kiowa, Pawnee, Thunder Basin, Buffalo Gap, and Rita Blanca National Grasslands; and has also been documented in Bent County, Fort Carson, Pinon Canyon, and the Rocky Mountain National Arsenal in Colorado; the Charles M. Russell National Wildlife Refuge and the Crow and Fort Belknap Indian Reservations in Montana; and Federal Bureau of Land Management lands in Montana and Colorado; with none of the populations cited becoming extinct and conceding that many have rebounded to preplague population numbers; and
     WHEREAS,  although the plague has infected prairie dog populations on more than 10,000 acres on the Buffalo Gap National Grasslands in South Dakota, the geographic areas impacted by plague before 2008 are already experiencing prairie dog population increases; and

     WHEREAS,  the United States Forest Service efforts of dusting prairie dog burrows on the Buffalo Gap National Grasslands in South Dakota with insecticide has been effective in curtailing the spread of plague to the other 30,000 prairie dog occupied acres in and around the Conata Basin; and

     WHEREAS,  in 2005, the South Dakota Legislature enacted the South Dakota Black-Tailed Prairie Dog Conservation and Management Plan setting forth goals, objectives, and strategies designed to provide for the long-term viability of the prairie dog population in South Dakota; and those goals have been and are currently being achieved:

     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 finds that the substantial scientific or commercial information demonstrates that the black-tailed prairie dog population has been increasing for the past four decades; and

     BE IT FURTHER RESOLVED,  that the Legislature finds that the black-tailed prairie dog has not become extinct in any of the areas that have been infected with sylvatic plague in modern times, and the black-tailed prairie dog population is already increasing in areas outside the Conata Basin that were affected by plague before 2008; and

     BE IT FURTHER RESOLVED,  that the Legislature respectfully requests that the United States Fish and Wildlife Service makes a twelve-month finding pursuant to the Endangered Species Act that the black-tailed prairie dog population is increasing, in spite of the sylvatic plague outbreaks, and therefore, is not likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range as required by the Endangered Species Act for a threatened or endangered listing.

     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 11:00 a.m. on Friday, March 6th, the 34th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Rausch moved that the report of the Conference Committee on HB 1086 as found on page 619 of the House Journal be adopted.

     The question being on Rep. Rausch's motion that the report of the Conference Committee on HB 1086 be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 165 as found on page 615 of the House Journal ; also

     Commerce on SB 90 as found on pages 615 and 616 of the House Journal ; also

     Commerce on SB 159 as found on pages 616 and 617 of the House Journal ; also

     Commerce on SB 202 as found on pages 617 and 618 of the House Journal ; also

     Appropriations on SB 36 as found on page 618 of the House Journal ; also

     Judiciary on SB 37 as found on page 619 of the House Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 55: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the licensing and regulation of grain buyers.

     Was read the second time.


     The question being "Shall SB 55 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 57: FOR AN ACT ENTITLED, An Act to allow the use of energy efficiency and conservation to count toward the state's renewable and recycled energy objective.

     Was read the second time.

     The question being "Shall SB 57 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 58: FOR AN ACT ENTITLED, An Act to require notification regarding the construction of certain wind energy projects.

     Was read the second time.

     The question being "Shall SB 58 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 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the amount of the filing fee for the siting of energy facilities.

     Was read the second time.

     The question being "Shall SB 59 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 60: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to implement and comply with certain federal energy acts.

     Was read the second time.

     The question being "Shall SB 60 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 62: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the delegation of powers by the Public Utilities Commission.

     Was read the second time.

     The question being "Shall SB 62 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 132: FOR AN ACT ENTITLED, An Act to allow resident students that attend school out of state to be counted in the resident school district's average daily membership for the purpose of distributing school and public lands funds.

     Was read the second time.

     The question being "Shall SB 132 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 100: FOR AN ACT ENTITLED, An Act to revise the method of sale of certain tobacco products.

     Was read the second time.

     Rep. Curd requested that SB 100 be removed from the Consent Calendar.

    Which request was granted.

     SB 99: FOR AN ACT ENTITLED, An Act to authorize Supreme Court rules related to the collection of fees, costs, and civil penalties.

     Was read the second time.

     The question being "Shall SB 99 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 173: FOR AN ACT ENTITLED, An Act to revise the elements of the crimes of vehicular homicide and vehicular battery.

     Was read the second time.

     The question being "Shall SB 173 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     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.

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

88cb

     Rep. Juhnke moved that SB 88 be amended as follows:

     On page 1, after line 4 of the printed bill, insert:

"
     Section 2. That § 13-13-79 be amended to read as follows:

     13-13-79.   At the same time that foundation program state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the secretary of the Department of Education shall distribute funds to sparse school districts by multiplying the result of the calculation in either subdivision 13-13-78(2) or subdivision 13-13-78(3) by seventy-five percent of the per student allocation as defined in § 13-13-10.1. However, no sparse school district may receive a sparsity benefit in any year that exceeds one hundred sixty-five thousand dollars one hundred twenty-three thousand seven hundred fifty dollars .

    If, in any year, the total funds appropriated for distribution to sparse school districts are insufficient to allow each eligible school district to receive the full amount provided pursuant to this section, the available moneys shall be prorated and distributed to each eligible school district in proportion to the entitlement created by this section.

     Section 3. There is hereby appropriated from the general fund the sum of one million seven hundred ten thousand one hundred seventy-one dollars ($ 1,710,171 ), or so much thereof as may be necessary, to the Department of Education for the purpose of making the payments in accordance with § 13-13-79.

     Section 4. The secretary of education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 5. Any amounts appropriated in this Act not lawfully expended or obligated by June  30, 2010 , shall revert in accordance with the procedures prescribed in chapter 4-8. ".


     Rep. Noem moved the previous question.

     Which motion prevailed.

     Rep. Juhnke's motion lost.

     The question being "Shall SB 88 pass?"

     And the roll being called:

     Yeas 55, Nays 15, Excused 0, Absent 0

     Yeas:
Blake; Bolin; Brunner; Burg; Carson; Cronin; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer

     Nays:
Boomgarden; Curd; Cutler; Deadrick; Dreyer; Faehn; Gosch; Hunt; Peters; Rausch; Rounds; Steele; Tidemann; Turbiville; 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 115: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the initiation of modifications to county comprehensive plans.

     Was read the second time.

115fc

     Rep. Rausch moved that SB 115 be amended as follows:

     On page 1, line 12, of the House Local Government Committee engrossed bill, after " partnership " insert " , ".

     Which motion prevailed.

     The question being "Shall SB 115 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 27, Excused 0, Absent 0

     Yeas:
Blake; Boomgarden; Burg; Curd; Dennert; Elliott; Faehn; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Russell; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Wismer; Speaker Rave

     Nays:
Bolin; Brunner; Carson; Cronin; Cutler; Deadrick; Dreyer; Engels; Feinstein; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lederman; Lust; McLaughlin; Novstrup (David); Rounds; Schlekeway; Solum; Van Gerpen; Vanneman; Verchio; Wink

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

    Speaker Pro tempore Rausch now presiding.

     SB 136: FOR AN ACT ENTITLED, An Act to repeal the provision that requires cooperatives to set aside a portion of the net proceeds as an education fund.

     Was read the second time.

136sb

     Rep. Frerichs moved that SB 136 be amended as follows:

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

     "      Section 1. That § 47-16-43 be amended to read as follows:

     47-16-43.   An amount not less than one percent nor more than five percent -half percent of the net proceeds of a cooperative shall be set aside as an educational fund to be used in teaching or promoting cooperative organization or principles in a manner prescribed by the board of directors. Such funds shall for all purposes except the computation of net proceeds be deemed an expense of operation of the cooperative. "


     Which motion lost.

     Rep. Faehn moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 136 pass?"

     And the roll being called:

     Yeas 40, Nays 28, Excused 2, Absent 0

     Yeas:
Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Dreyer; Faehn; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Schlekeway; Sly; Solum; Steele; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio

     Nays:
Blake; Burg; Deadrick; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lederman; Nygaard; Olson (Betty); Pitts; Russell; Schrempp; Solberg; Street; Vanderlinde; Wink; Wismer; Speaker Rave

     Excused:
Lucas; Sorenson

     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.

     SJR 3: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and term limits.

     Was read the second time.

     The question being "Shall SJR 3 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 49, Excused 4, Absent 0

     Yeas:
Burg; Elliott; Fargen; Feickert; Feinstein; Gibson; Iron Cloud III; Lange; Lederman; Nygaard; Schlekeway; Solberg; Steele; Street; Thompson; Vanderlinde; Wismer

     Nays:
Blake; Bolin; Boomgarden; Brunner; Carson; Cronin; Curd; Deadrick; Dennert; Dreyer; Engels; Faehn; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schrempp; Sly; Solum; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

     Excused:
Cutler; Lucas; Peters; Sorenson

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


      Rep. Faehn moved that SB 106 be placed to follow SB 107 on today's calendar.

     Which motion prevailed.

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

     Was read the second time.

126ce

     Rep. Sly moved that SB 126 be amended as follows:

     On page 3, line 1, of the House Education Committee engrossed bill, overstrike "and" and insert " , or any child who, by the first day of September, is at least six years old, but ".

     Which motion prevailed.

     The question being "Shall SB 126 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

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

     Nays:
Schrempp

     Excused:
Lucas; Nygaard; Sorenson

     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 96: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the indemnification of employees, officers, and agents of rural electric cooperatives.

     Was read the second time.

     The question being "Shall SB 96 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Lucas; Nygaard; Sorenson

     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 127: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to trust administration.

     Was read the second time.

     The question being "Shall SB 127 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, 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; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Lucas; Sorenson

     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 53: FOR AN ACT ENTITLED, An Act to modify the type of financial documents required for a grain buyer's license and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 53 pass?"

     And the roll being called:

     Yeas 68, Nays 0, 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; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Lucas; Sorenson

     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.

    Speaker Rave now presiding.

     SB 21: FOR AN ACT ENTITLED, An Act to impose a fuel excise tax on ethyl alcohol and methyl alcohol used in motor vehicles on the public roads and highways, to repeal the fuel excise tax on ethanol blends and E85 and M85, and to revise certain provisions regarding the fuel excise tax.

     Was read the second time.

     The question being "Shall SB 21 pass as amended?"

     And the roll being called:


     Yeas 66, Nays 2, 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; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Gosch; Verchio

     Excused:
Lucas; Sorenson

     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.

     Rep. Faehn moved that SB 155, 158, 129, 80, 140, 185, 190, 77, 164, 107, and 106 be deferred to Friday, March 6th, the 34th legislative day.

     Which motion prevailed.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1086.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1024, 1148, 1159, 1184, and 1214 were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., March 5, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1171, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 11:30 a.m., March 5, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1050, 1067, 1090, 1101, 1149, 1166, 1167, 1255, 1265, and 1268 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1050: FOR AN ACT ENTITLED, An Act to  revise the annual financial reporting requirements of insurance companies.

     HB 1067: FOR AN ACT ENTITLED, An Act to  allow the voters of a school district to discontinue school board representation areas.

     HB 1090: FOR AN ACT ENTITLED, An Act to  prohibit the possession of Salvia divinorum or salvinorin A and to declare an emergency.

     HB 1101: FOR AN ACT ENTITLED, An Act to  allow affidavits for change of judge in habeas corpus actions.

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

     HB 1166: FOR AN ACT ENTITLED, An Act to  provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

     HB 1167: FOR AN ACT ENTITLED, An Act to  revise the statute of frauds with respect to the sale of grain, grain sorghums, beans, and oilseeds.

     HB 1255: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the telecommunications gross receipts tax.

     HB 1265: FOR AN ACT ENTITLED, An Act to  allow sellers to receive attorney fees in actions involving the disclosure statement required for certain real estate transfers.

     HB 1268: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the maximum number of alcoholic beverage retail licenses that may be held by any person, corporation, or business.

     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.

     And signed the same in the presence of the House.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:53 p.m. the House adjourned.

Karen Gerdes, Chief Clerk