JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



THIRTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 6, 2009

     The House convened at 11:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Marissa Nelson.

     Roll Call: All members present except Reps. Boomgarden, Fargen, Krebs, Lucas, Schrempp, and Sorenson who were 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 thirty-third 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 6, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 5, 2009, I approved House Bills 1024, 1080, 1103, 1148, 1155, 1184, and 1214, 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 Taxation respectfully reports that it has had under consideration SB 42 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ryan P. Olson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1036, 1037, 1071, 1074, 1140, 1211, 1253, and 1263 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1091, 1240, 1254, and 1301 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 7 and 8 which have been adopted by the Senate and your concurrence is respectfully requested.


 Also MR. SPEAKER:

     I have the honor to return herewith HCR 1013 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Tidemann moved that the House do concur in Senate amendments to HB 1081.

     The question being on Rep. Tidemann's motion that the House do concur in Senate amendments to HB 1081.

     And the roll being called:

     Yeas 61, Nays 1, Excused 8, Absent 0

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

     Nays:
Verchio

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Putnam; Schrempp; Sorenson; Van Gerpen

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

     Rep. Brunner moved that the House do concur in Senate amendments to HB 1177.

     The question being on Rep. Brunner's motion that the House do concur in Senate amendments to HB 1177.

     And the roll being called:

     Yeas 60, Nays 2, Excused 8, Absent 0

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

     Nays:
Blake; Feinstein

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Putnam; Schrempp; Sorenson; Van Gerpen

     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.

     Rep. Pitts moved that the House do concur in Senate amendments to HB 1233.

     The question being on Rep. Pitts' motion that the House do concur in Senate amendments to HB 1233.

     And the roll being called:

     Yeas 62, Nays 0, Excused 8, Absent 0

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

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Putnam; Schrempp; Sorenson; Van Gerpen

     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.

     Rep. Bernie Hunhoff moved that the House do not concur in Senate amendments to HB 1239 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Carson, Peters, and Schrempp.

     HCR 1017: 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.

     Rep. Russell moved that HCR 1017 as found on pages 654 and 655 of the House Journal be adopted.

     The question being on Rep. Russell's motion that HCR 1017 be adopted.

     And the roll being called:

     Yeas 60, Nays 3, Excused 7, Absent 0

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

     Nays:
Feinstein; Iron Cloud III; Thompson

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Schrempp; Sorenson; Van Gerpen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1017 was adopted.

     SCR 7: A CONCURRENT RESOLUTION, Requesting the State of Nebraska to provide tax relief and amnesty for certain South Dakota trucking companies.

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

     SCR 8: A CONCURRENT RESOLUTION, urging the members of the State Streamlined Sales Tax Governing Board to amend its treatment of certain food coupons, certificates, and other documentation as gross receipts.

     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

     Local Government on SB 184 as found on pages 648 and 649 of the House Journal ; also

     Health and Human Services on SB 153 as found on pages 649 and 650 of the House Journal ; also

     Taxation on SB 4 as found on pages 650 to 652 of the House Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 159: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding bank names.

     Was read the second time.

     The question being "Shall SB 159 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 7, Absent 0

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

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; 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 202: FOR AN ACT ENTITLED, An Act to require the Bureau of Administration to prepare a report regarding the energy efficiency of state agencies.

     Was read the second time.

     The question being "Shall SB 202 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 1, Excused 7, Absent 0

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

     Nays:
Verchio

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; 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 130: FOR AN ACT ENTITLED, An Act to require written consent for the issuance of certain disinterment permits.

     Was read the second time.

     The question being "Shall SB 130 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 0, Excused 8, Absent 0

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

     Excused:
Boomgarden; Fargen; Feinstein; Krebs; Lucas; Pitts; Schrempp; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Rep. Faehn moved that SB 100, 80, 106, and 160 be placed to follow SB 149 on today's calendar.

     Which motion prevailed.

     SB 155: FOR AN ACT ENTITLED, An Act to provide for the revision of certain offensive geographic place names.

     Was read the second time.

     Rep. Killer moved that SB 155 be deferred to Monday, March 9th, the 35th legislative day.

     Which motion prevailed.

     SB 158: FOR AN ACT ENTITLED, An Act to provide for the recall of certain officials in third class municipalities.

     Was read the second time.

     The question being "Shall SB 158 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 14, Excused 7, Absent 0

     Yeas:
Blake; Carson; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Iron Cloud III; Juhnke; Killer; Kirkeby; Kopp; Lange; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Russell; Schlekeway; Sly; Solberg; Steele; Street; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Bolin; Brunner; Burg; Cronin; Feickert; Greenfield; Hoffman; Hunt; Jensen; Kirschman; Rounds; Solum; Thompson; Van Gerpen

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; 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 129: FOR AN ACT ENTITLED, An Act to revise certain conditions that must be met before an extension of State Highway 53 in Tripp County is added to the state trunk highway system.

     Was read the second time.

     The question being "Shall SB 129 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 13, Excused 8, Absent 0

     Yeas:
Blake; Brunner; Burg; Carson; Deadrick; Dennert; Dreyer; Elliott; Engels; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Lange; Lederman; McLaughlin; Novstrup (David); Nygaard; Olson (Betty); Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Steele; Street; Thompson; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Bolin; Cronin; Curd; Cutler; Faehn; Greenfield; Lust; Moser; Noem; Olson (Ryan); Peters; Putnam; Tidemann

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; Sorenson; Turbiville

     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 140: FOR AN ACT ENTITLED, An Act to allow school districts to enter into contractual agreements to provide for the whole-grade sharing of students.

     Was read the second time.

     The question being "Shall SB 140 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 2, Excused 8, Absent 0

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

     Nays:
Hunt; Peters

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; Sorenson; Turbiville

     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 185: FOR AN ACT ENTITLED, An Act to revise the graduation requirements for students entering ninth grade in 2010 and thereafter by eliminating the option of the basic high school program.

     Was read the second time.

     The question being "Shall SB 185 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 3, Excused 8, Absent 0

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

     Nays:
Blake; Feinstein; Thompson

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; Sorenson; Turbiville

     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 190: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

     Was read the second time.

     The question being "Shall SB 190 pass?"

     And the roll being called:

     Yeas 58, Nays 4, Excused 8, Absent 0

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

     Nays:
Blake; Elliott; Feinstein; Iron Cloud III

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; Sorenson; Turbiville

     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 77: FOR AN ACT ENTITLED, An Act to repeal the maximum number of off-sale alcoholic beverage licenses that may be issued to any person, corporation, or business entity and to establish requirements for physical barriers for certain off-sale alcoholic beverage establishments.

     Was read the second time.

     The question being "Shall SB 77 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 8, Excused 8, Absent 0

     Yeas:
Blake; Bolin; Brunner; Burg; Carson; Cronin; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Feickert; Feinstein; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Jensen; Juhnke; Killer; Kirkeby; Kirschman; Lange; Lederman; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Steele; Street; Tidemann; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Deadrick; Frerichs; Hunt; Iron Cloud III; Kopp; Noem; Thompson; Van Gerpen

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; Sorenson; Turbiville

     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. Faehn moved that SB 164 be placed to follow SB 160 on today's calendar.

     Which motion prevailed.

     SB 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the posting of the penalty for the illegal use of a designated parking space for a person with a physical disability.

     Was read the second time.

     The question being "Shall SB 107 pass?"

     And the roll being called:

     Yeas 59, Nays 3, Excused 8, Absent 0

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

     Nays:
Feinstein; Greenfield; Hunt

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; Sorenson; Turbiville

     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 165: FOR AN ACT ENTITLED, An Act to provide for the authorization of certain private, nonprofit benevolent organizations to assist in funding certain school curricula, activities, and programs.

     Was read the second time.

     Rep. Feinstein moved that SB 165 be deferred to Monday, March 9th, the 35th legislative day.

     Which motion prevailed.

     SB 90: FOR AN ACT ENTITLED, An Act to increase the number of varieties of malt beverages, wine, distilled spirits, liqueur, and cordials that an off-sale alcoholic beverage licensee may offer for sampling in one day.

     Was read the second time.

     The question being "Shall SB 90 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 5, Excused 8, Absent 0

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

     Nays:
Bolin; Iron Cloud III; Noem; Steele; Van Gerpen

     Excused:
Boomgarden; Fargen; Krebs; Lucas; Pitts; Schrempp; Sorenson; Turbiville

     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. Faehn moved that SB 36, 37, 151, 32, 3, 149, 100, 80, 106, 160, and 164 be deferred to Monday, March 9th, the 35th legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 131 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 186 and returns the same with the recommendation that said bill be amended as follows:

186ta

     On page 1, line 7, of the Senate Judiciary Committee engrossed bill, delete "five" and insert "ten".

     On page 1, line 13, delete everything before "under" and insert "An obligor found to be chronically delinquent in child support payments or installments as required".

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

     On page 2, line 5, delete everything after "docketed," and insert "a petition showing".

     On page 2, line 6, delete everything after "payment" and insert ", the amount received, and the amount due and requesting that a late fee be ordered. Upon filing of the petition, the obligee shall serve, by certified mail or as otherwise provided by law, a copy of the petition to the obligor. The service of such notice shall be deemed complete when proof of the service is filed with the court. The obligor has ten days from service to object to the imposition of a late fee. If a party objects within ten days of service the court shall conduct a hearing as soon as practical. The obligor has the burden of showing an inability to timely pay child support payments or installments as required under an order of support. Based upon the evidence presented at the hearing, the court may order the obligor to pay a late fee or may order any other relief as it deems appropriate.".

     On page 2, delete lines 7 to 24, inclusive.

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

    And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 72, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

72ua

     On page 1, line 4, of the Senate Appropriations Committee engrossed bill, delete "one dollar ($1)" and insert "three dollars ($3)".

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair
Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1009, 1025, 1031, 1033, 1048, 1069, 1118, 1121, 1129, 1145, 1173, 1243, 1251, and 1270 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., March 6, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1036, 1037, 1071, 1074, 1086, 1112, 1140, 1211, 1253, and 1263 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1036: FOR AN ACT ENTITLED, An Act to  require the redaction of certain numbers before furnishing copies of information.

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

     HB 1071: FOR AN ACT ENTITLED, An Act to  revise certain fees, licenses, and other requirements for milk plants and dairy farms.

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

     HB 1086: FOR AN ACT ENTITLED, An Act to  provide for and to require the attachment of an affidavit in certain garnishment proceedings.

     HB 1112: FOR AN ACT ENTITLED, An Act to  establish certain restrictions and requirements related to encumbrances on wind easements.

     HB 1140: FOR AN ACT ENTITLED, An Act to  make an appropriation from the railroad trust fund for the construction of a railroad siding.

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

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

     HB 1263: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning compensation for service rights of electric utilities in areas annexed by municipalities.

     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.

     SB 5: FOR AN ACT ENTITLED, An Act to  revise the form and style of certain provisions and to delete certain obsolete provisions regarding the Department of Tourism and State Development.

     SB 18: FOR AN ACT ENTITLED, An Act to  update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     SB 39: FOR AN ACT ENTITLED, An Act to  make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives and to declare an emergency.

     SB 47: FOR AN ACT ENTITLED, An Act to  make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     SB 48: FOR AN ACT ENTITLED, An Act to  make an appropriation for costs related to disasters in the state and to declare an emergency.

     SB 52: FOR AN ACT ENTITLED, An Act to  make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

     SB 54: FOR AN ACT ENTITLED, An Act to  revise how certain rates are determined for grain warehouse operators.

     SB 56: FOR AN ACT ENTITLED, An Act to  change certain references regarding a grain dealer to a grain buyer.

     SB 66: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct an addition to the Northern State University Joseph H. Barnett Center and to accept donations for such purpose and to make an appropriation thereof.

     SB 86: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the application of the inventory tax on certain fuels in storage immediately prior to a tax increase.

     SB 89: FOR AN ACT ENTITLED, An Act to  adopt the revised uniform commercial code, Article 7-Documents of Title.

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


     SB 128: FOR AN ACT ENTITLED, An Act to  create a limited electrician license.

     SB 133: FOR AN ACT ENTITLED, An Act to  provide for central filing of documents necessary to perfect a security interest in personal property or fixtures of a rural electric cooperative.

     SB 141: FOR AN ACT ENTITLED, An Act to  establish certain requirements regarding the siting of certain wind turbine towers.

     SB 161: FOR AN ACT ENTITLED, An Act to  prohibit the use of federal income tax credits when assessing property.

     SB 174: FOR AN ACT ENTITLED, An Act to  require a school district to which a former contracting school district is annexed to assign certain resident students to a school district in a bordering state, and to temporarily exempt certain school districts from the requirement to reorganize due to low enrollment.

     SB 180: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning statements submitted by organizations making contributions to ballot questions committees.

     SB 183: FOR AN ACT ENTITLED, An Act to  establish certain requirements concerning the publication of county notices.

     SB 187: FOR AN ACT ENTITLED, An Act to  allow the merger or consolidation of a cooperative and its subsidiary.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1022  Introduced by:  Representatives Rave, Blake, 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, and Wink and Senators Gray, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Hansen (Tom), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle

         A LEGISLATIVE COMMEMORATION,  Honoring Milo Smith of Pierre for his service to the South Dakota Legislature.
     WHEREAS,  Milo Smith of Pierre has served as an Assistant Sergeant at Arms since 1995 in the Senate and the House of Representatives, a position that has provided him with a ring-side seat to many important moments in South Dakota history and earned him the friendship of several generations of South Dakota legislators; and

     WHEREAS,  Milo Smith, a native of Pierre, South Dakota, attended Pierre High School and South Dakota State University in Brookings. He served in the South Dakota Army National Guard, including active duty service in Alaska during the Korean War; and

     WHEREAS,  Milo Smith has been an enthusiastic participant and sponsor of athletics in the Pierre community, particularly baseball. He played Legion and men's amateur baseball in Pierre and was a member of the semipro Pierre Cowboys Basin League team. He also sponsored and managed amateur baseball teams in Pierre for many years during the 1970s and 1980s; and

     WHEREAS,  Milo Smith is a long-time Pierre businessman, operating sporting goods and athletic equipment businesses. He and his wife Peggy have three sons:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Mr. Milo Smith of Pierre is to be commended and honored for his many years of service to the South Dakota Legislature and for his dedication to the Pierre community.

     HC 1023  Introduced by:  Representatives Deadrick, Carson, Cutler, Dennert, Juhnke, Lucas, Putnam, Sly, Van Gerpen, and Vanneman and Senators Garnos, Bartling, and Vehle

         A LEGISLATIVE COMMEMORATION,  Commending the Platte-Geddes High School Black Panthers Boys' Basketball Team for winning the 2008 State A Boys' Basketball Championship.

     WHEREAS,  the Platte-Geddes High School Black Panthers, under the excellent leadership of head coach Frank Cutler and assistant coach Allen Weier, won the 2008 State A Boys' Basketball Championship title; and

     WHEREAS,  the Platte-Geddes High School Boys' Basketball Team was exemplary in its unity and accord of all its players including Hayden Kuipers, Jordan Johnson, Carter Kemnitz, Shay Nelson, Audie Kuipers, Rocky Van Zee, Joe Millar, Keith Cutler, Thad Campbell, Josh Wagner, Elliot Cwach, Logan Holter, Jesse Kimball, Ross Erickson, and Collin Ringling; and statisticians Maggie Foxley, Emily Johnson, Kalli Kuipers, and Kayla Marlo; and

     WHEREAS,  the Platte-Geddes Black Panther cheerleaders Torey Alberda, Brooke Kemnitz, Kasya Marlo, Deni Meyerink, Rhona Nelson, and coach Marla Tegethoff helped lead the team to victory along with the support of students, fans, and the community; and

     WHEREAS,  the Platte-Geddes High School Black Panthers Boys' Basketball Team focused on a winning season and played excellent competition to win the 2008 State A Boys' Basketball Championship:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Platte-Geddes High School Black Panthers Boys' Basketball Team and its coaching staff be congratulated and commended for their outstanding performances in the 2007-2008 season.

     HC 1024  Introduced by:  Representatives Bolin, Brunner, Carson, Cronin, Curd, Cutler, Deadrick, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Gosch, Greenfield, Hamiel, Hoffman, Hunt, Jensen, Juhnke, Killer, Kirkeby, Kopp, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solum, Sorenson, Steele, Thompson, Tidemann, Turbiville, Van Gerpen, Vanneman, Verchio, and Wink and Senators Kloucek, Ahlers, Hundstad, Merchant, Miles, and Peterson

         A LEGISLATIVE COMMEMORATION,  Recognizing and congratulating Jeremiah Peterson of Canton for being named the Outstanding Wrestler at the 2009 State Class A Wrestling Tournament.

     WHEREAS,  Jeremiah Peterson, a junior at Canton High School, was named the Outstanding Wrestler at the 2009 State Class A Wrestling Tournament; and

     WHEREAS,  Jeremiah has already distinguished himself in the sport of wrestling by winning two state championships; and

     WHEREAS,  Jeremiah, who was diagnosed with cancer of the kidney in the fall of 2008, is a source of inspiration not only to his teammates on the C-Hawk wrestling team, but to the entire Canton school system and the community of Canton:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Jeremiah Peterson be recognized and congratulated for being named the Outstanding Wrestler at the 2009 State Class A Wrestling Tournament.

     Rep. Greenfield moved that the House do now adjourn, which motion prevailed and at 12:09 p.m. the House adjourned.

Karen Gerdes, Chief Clerk