House of Representatives Journal 3/9/2009 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION

THIRTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 9, 2009

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

The prayer was offered by the Chaplain, Pastor Jenny Hallenbeck, followed by the Pledge of Allegiance led by House page Larissa Buchholz.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-fourth 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.

REPORTS OF STANDING COMMITTEES

The Committee on Education respectfully reports that it has had under consideration SB 191 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 148 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 143 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 2, of the Senate engrossed bill, after "land" insert "in Sioux Falls".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 144 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete "and" and insert "in the contract's original format or".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 147 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 20 of the Senate engrossed bill, after "statute" insert ", ordinance, or rule".

On page 4, delete line 7, and insert "The following records are not subject to sections 1, 2, and 4 of this Act:".

On page 4, line 13, delete "a".

On page 5, line 12, delete ", prior to" and insert ";".

On page 5, delete line 13.

On page 5, line 14, delete "Personal information in records regarding personnel of public bodies" and insert "Personnel information".

On page 5, line 16, after "public" insert "or private".

On page 5, line 17, after "public" insert "or private".

On page 5, line 19, after "acts" insert ", emergency management or response, or public safety,".

On page 5, line 23, delete "owned, operated, or occupied by a government entity".

On page 6, delete line 14, and insert:
"

(12) Correspondence, memoranda, calendars or logs of appointments, working papers, and records of telephone calls of public officials or employees;".

On page 7, delete line 17, and insert "examination to obtain licensure, employment, promotion or reclassification, or academic credit;".

On page 7, delete lines 19 and 20, and insert "personal records or documents of any public official or employee;".

On page 7, line 23, after "camping" insert "or lodging".

On page 8, delete lines 12 and 13, and insert
"

(27) Any other record made closed or confidential by state or federal statute or rule or as necessary to participate in federal programs and benefits.".

On page 8, line 22, delete "for any construction or repair" and insert ";".

On page 8, delete line 23.

On page 9, delete line 3, and insert "individuals as part of an application for loans or program services or application for".

On page 9, line 23, delete "However, a".

On page 9, delete line 24.

On page 10, delete line 1.

On page 13, after line 23, insert:
"
Section 22. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

No civil or criminal liability may attach to a public official for the mistaken denial or provision of a record pursuant to this chapter if that action is taken in good faith.".

On page 13, after line 23 of the Senate engrossed bill, insert:

"
Section 22. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The name of any person or entity that receives a refund or credit of sales, use, or contractors excise tax pursuant to this chapter and the amount of any such refund or credit is public information and shall be available and open to public inspection as provided in § 1-27-1.".

On page 6 of the Senate engrossed bill, delete line 23, and insert "archeological, historical, or paleontological significance which nongovernmental donors have requested to remain closed or which reveal the names and ".

On page 7, line 3, after "Act" insert "and the Archeological Resources Protection Act".

And that as so amended said bill do pass.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 42, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed version.

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

"
Section 1. That chapter 10-59 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any provision of this chapter, any claim for refund that is based upon or arose because of the South Dakota Supreme Court's decision in In the Matter of the Sales Tax Liability of James Pirmantgen & Patricia Carlson, 2008 SD 127 (December 23, 2008), must be filed with the Department of Revenue and Regulation on or before July 1, 2009. Notwithstanding any provision of this chapter, any claim for refund that is based upon or arose because of the South Dakota Supreme Court's decision in In the Matter of the Sales Tax Liability of James Pirmantgen & Patricia Carlson, 2008 SD 127 (December 23, 2008), that is filed with the Department of Revenue and Regulation after July 1, 2009, is forever barred from refund eligibility."

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide an application deadline for sales and use tax refunds regarding certain storage facilities.".

On page 1, delete lines 2 and 3.

And that as so amended said bill do pass.

Respectfully submitted,
Ryan P. Olson, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 70 and 108 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 78, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

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

"
Section 1. The findings and recommendations of the Unified Judicial System's study determining the need for an additional drug court or drug courts to be established in judicial circuits with the highest volume of felony convictions shall be incorporated into a plan to be presented to the 2010 Legislature for possible implementation in fiscal year 2011. The plan may also include other proposals designed to reduce the prison population in a manner that does not jeopardize the public safety of South Dakota citizens."

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for a plan to be presented to the Legislature regarding the need for additional drug courts and certain other correctional issues.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 33 and returns the same with the recommendation that said bill be amended as follows:

On page 3, after line 4 of the Senate Judiciary Committee engrossed bill, insert:

"
Section 3. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

Any person who is active duty military with a home of record in South Dakota is considered to have met the provisions of subdivision 23-7-7.1(6).".

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

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

On page 1, between lines 11 and 12 of the Senate Appropriations Committee engrossed bill, insert:

"BOARD OF REGENTS".

On page 1, between lines 12 and 13, insert:

"Operating Expenses, General Funds, delete "$10,971,525" and insert "$10,539,686"

Adjust all totals accordingly.".

DESCRIPTION: This amendment reduces the BOR REED budget by $431,839 in general funds because they are not needed. (BFM1)

On page 2, between lines 16 and 17 of the Senate Appropriations Committee engrossed bill, insert:

" Section 4. That section 16 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF HUMAN SERVICES

(13) Community Mental Health

Operating Expenses, Federal Funds, delete "$11,841,380" and insert "$11,966,380"

Adjust all totals accordingly.".

DESCRIPTION: This amendment adds $125,000 in federal fund expenditure authority for a Transformation Transfer Initiative grant within the Division of Mental Health. (BFM 11)

On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill, insert:

" Section 2. That section 11 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF EDUCATION

(11) Education Resources

Operating Expenses, Federal Funds, delete "$151,953,186" and insert "$153,953,186"

Adjust all totals accordingly.".

DESCRIPTION: This amendment adds $2,000,000 in federal fund expenditure authority for the federal stimulus package for IDEA. (BFM 2)

On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill, insert:

" Section 2. That section 10 of Chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF TRANSPORTATION

(1) General Operations

Operating Expenses, Federal Funds, delete "$16,734,391" and insert "$17,734,391"

Adjust all totals accordingly.".

DESCRIPTION: Department of Transportation - This amendment adds $1,000,000 in federal authority for the DOT transit program due to the stimulus package. (BFM 3)

On page 1, between lines 3 and 4 of the Senate Appropriations Committee engrossed bill, insert:

" Section 1. That section 4 of Chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF AGRICULTURE

(2) Agriculture Services and Assistance

Operating Expenses, Federal Funds, delete "$1,349,591" and insert "$2,524,591"

Adjust all totals accordingly.".

DESCRIPTION: Department of Agriculture - This adds $1,175,000 in federal fund expenditure authority to the division of Fire Suppression due to the stimulus package. The projects are as follows: Tribal lands forest health and fuels management project, and Custer State Park fuel management project. (BFM 4)

On page 1, between lines 3 and 4 of the Senate Appropriations Committee engrossed bill, insert:

" Section 1. That section 4 of Chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF AGRICULTURE

(3) Agriculture Development and Promotion

Operating Expenses, Federal Funds, delete "$1,236,222" and insert "$17,911,222"

Adjust all totals accordingly.".

DESCRIPTION: Department of Agriculture - This adds $16,675,000 in federal fund expenditure authority to the division of Resource Conservation and Forestry due to the stimulus package. The projects are as follows: Wood boiler financing for the State Vets Home, Lead/Deadwood High School, and BHSU. Other projects include: Community tree health projects, Neim Enterprises Inc. Co-Generation Plants. (BFM 5)

On page 1, between lines 8 and 9 of the Senate Appropriations Committee engrossed bill, insert:

" (6) Development and Improvement, Parks and Recreation

Operating Expenses, Federal Funds, delete "$4,719,485" and insert "$5,094,485"

Adjust all totals accordingly.".

DESCRIPTION: Department of Game, Fish and Parks - This adds $375,000 in federal fund expenditure to Parks and Recreation for the Custer State Park fuel management project due to the stimulus package. (BFM 6)

On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill, insert:

" Section 2. That Section 7 of Chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF SOCIAL SERVICES

(2) Economic Assistance

Operating Expenses, Federal Funds, delete "$34,530,458" and insert "$38,810,458"

Adjust all totals accordingly."

DESCRIPTION: Department of Social Services - This amendment increases federal fund expenditure authority by $3,000,000. The American Recovery and Reinvestment Act is increasing funding for weatherizing low income homes throughout the state.

DESCRIPTION: Department of Social Services - This amendment increases federal fund expenditure authority by $1,000,000. The American Recovery and Reinvestment Act is increasing the Community Service Block Grant. Funds must be used by the Community Action Programs which provide services to low income families.

DESCRIPTION: Department of Social Services - This amendment increases federal fund expenditure authority by $280,000. The American Recovery and Reinvestment Act is providing additional Temporary Assistance for Needy Families (TANF) funds in order to meet increases in caseloads. (BFM 7)

On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill, insert:

" Section 2. That Section 7 of Chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF SOCIAL SERVICES

(4) Children's Services

Personal Services, General Funds, delete "$8,817,418" and insert "$8,170,418"

Personal Services, Federal Funds, delete "$8,325,510" and insert "$8,972,510"

Operating Expenses, General Funds, delete "$23,373,230" and insert "$22,445,973"

Operating Expenses, Federal Funds, delete "$43,174,118" and insert "$45,101,375"

Adjust all totals accordingly.".

DESCRIPTION: Department of Social Services - This amendment decreases general funds by ($1,200,000) and increases federal fund expenditure authority by $1,200,000. The American Recovery and Reinvestment Act allows South Dakota to use federal child support incentive funds to match the federal Title IV-D child support funds.

DESCRIPTION: Department of Social Services - This amendment increases federal fund expenditure authority by $1,000,000. The American Recovery and Reinvestment Act is providing an increase in Child Care Development funds which must supplement, not supplant, current child care funding. The majority of these funds will be used in the direct assistance area.

DESCRIPTION: Department of Social Services - This amendment decreases general funds by ($374,257) and increases federal fund expenditure authority by $374,257. IV-E federal funds are matched at the same rate as the Federal Medical Assistance Percentage (FMAP) rate. The general fund match for Title IV-E will decrease by 6.2% as enacted through the American Recovery and Reinvestment Act. (BFM 8)

On page 1, between lines 3 and 4 of the Senate Appropriations Committee engrossed bill, insert:

" Section 1. That section 5 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF TOURISM AND STATE DEVELOPMENT

(1) Economic Development

Operating Expenses, Federal Funds, delete "$10,854,778" and insert "$12,654,778"

Adjust all totals accordingly.".

DESCRIPTION: This adds $1,800,000 for the community development block grants included in the federal stimulus package. (BFM 9)

On page 1, between lines 3 and 4 of the Senate Appropriations Committee engrossed bill, insert:

" Section 1. That section 5 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF TOURISM AND STATE DEVELOPMENT

(7) South Dakota Housing Development Authority-Informational

Operating Expenses, Federal Funds, delete "$592,289" and insert "$612,289"

Adjust all totals accordingly.".

DESCRIPTION: This adds $20,000 due to the federal stimulus package for the South Dakota Housing Development Authority. (BFM 10)

On page 2, between lines 16 and 17 of the Senate Appropriations Committee engrossed bill, insert:

" Section 4. That section 16 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF HUMAN SERVICES

(5) Rehabilitation Services

Operating Expenses, Federal Funds, delete "$11,869,955" and insert "$12,589,955"

(11) Services to the Blind and Visually Impaired

Operating Expenses, Federal Funds, delete "$1,270,094" and insert "$1,630,094"

Adjust all totals accordingly.".

DESCRIPTION: Department of Human Services - This amendment adds $1,080,000 in federal fund expenditure authority due to the stimulus package for client services. (BFM 12)

On the previously adopted amendment (50ai), in (4) delete "$22,445,973" and insert "$21,592,545" and delete "$45,101,375" and insert "$45,954,803".

On the previously adopted amendment (50ac), in (11) delete "$153,953,186" and insert "$153,965,068".

On the previously adopted amendment (50al), in (13) delete "$11,966,380" and insert "$12,618,086".

On the previously adopted amendment (50am), in (5) delete "$12,589,955" and insert "$12,770,260".

On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill, insert:

" Section 2. That section 7 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF SOCIAL SERVICES

(3) Medical and Adult Services

Operating Expenses, General Funds, delete "$215,380,541" and insert "$193,104,770"

Operating Expenses, Federal Funds, delete "$408,133,484" and insert "$430,946,347"

Adjust all totals accordingly.

Section 3. That section 11 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF EDUCATION

(11) Education Resources

Operating Expenses, General Funds, delete "$6,044,816" and insert "$6,032,934"

Adjust all totals accordingly.".

On page 2, between lines 16 and 17, insert:

" Section 4. That section 15 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF CORRECTIONS

    (8) Juvenile Community Corrections

        Operating Expenses, General Funds, delete "$10,152,225" and insert $9,474,018"

Operating Expenses, Federal Funds, delete "$8,126,432" and insert "$8,804,639"

Adjust all totals accordingly.

Section 5. That section 16 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF HUMAN SERVICES

(1) Administration, Secretary of Human Services

Operating Expenses, General Funds, delete "$320,749" and insert "$309,113"

Operating Expenses, Federal Funds, delete "$151,635" and insert "$163,271"

(2) Developmental Disabilities

Operating Expenses, General Funds, delete "$37,362,787" and insert "$33,477,031"

Operating Expenses, Federal Funds, delete "$60,250,915" and insert "$64,136,671"

(3) South Dakota Developmental Center-Redfield

Operating Expenses, General Funds, delete "$2,331,175" and insert "$1,237,260"

Operating Expenses, Federal Funds, delete "$3,318,223" and insert "$4,412,138"

(4) Alcohol and Drug Abuse

Operating Expenses, General Funds, delete "$7,111,712" and insert "$6,917,287"

Operating Expenses, Federal Funds, delete "$11,139,099" and insert "$11,333,524"

(5) Rehabilitation Services

Operating Expenses, General Funds, delete "$3,544,834" and insert "$3,364,529"

(12) Human Services Center

Operating Expenses, General Funds, delete "$9,927,038" and insert "$9,470,887"

Operating Expenses, Federal Funds, delete "$1,544,101" and insert "$2,000,252"

(13) Community Mental Health

Operating Expenses, General Funds, delete "$14,657,503" and insert "$14,005,797"

Adjust all totals accordingly.".

DESCRIPTION: This amendment affects the Department of Social Services, the Department of Education, the Department of Corrections, and the Department of Human Services. This includes a reduction of $30,293,182 in general funds and an increase of $30,830,274 in federal fund expenditure authority due to the FMAP rate increase of 6.2% as part of the stimulus package.

On the previously adopted amendment (50an), in the amend the previously adopted amendment instruction for (50ac), delete "$153,965,068" and insert "$170,540,638".

On page 1, between lines 9 and 10 of the Senate Appropriations Committee engrossed bill, insert:

" Section 2. That section 11 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF EDUCATION

(2) State Aid to General Education

Operating Expenses, General Funds, delete "$335,267,328" and insert "$314,403,735"

Operating Expenses, Federal Funds, delete "$0" and insert "$20,863,593

(9) Postsecondary Vocational Education

Operating Expenses, General Funds, delete "$19,487,140" and insert "$18,281,171"

Operating Expenses, Federal Funds, delete "$0" and insert "$1,205,969"

Adjust all totals accordingly.".

On page 1, after line 14, insert:

" (3) University of South Dakota Proper

Operating Expenses, General Funds, delete "$2,438,077" and insert "$190,921"

Operating Expenses, Federal Funds, delete "$11,492,161" and insert "$13,739,317"

Adjust all totals accordingly.

(4) University of South Dakota School of Medicine

Operating Expenses, General Funds, delete "$2,987,906" and insert "$1,451,932"

Operating Expenses, Federal funds, delete "$10,910,268" and insert "$12,446,242"

Adjust all totals accordingly.".

On page 2, between lines 1 and 2, insert:

" Operating Expenses, General Funds, delete "$4,221,680" and insert "$907,645"

Operating Expenses, Federal Funds, delete "$19,964,750" and insert "$23,278,785".

On page 2, between lines 6 and 7, insert:

" (8) South Dakota School of Mines and Technology

Operating Expenses, General Funds, delete "$1,604, 245" and insert "$522,105"

Operating Expenses, Federal Funds, delete "$10,170,639" and insert "$11,252,779"

Adjust all totals accordingly.

(9) Northern State University

Operating Expenses, General Funds, delete "$1,550,539" and insert "$675,517:

Operating Expenses, Federal Funds, delete "$3,235,700" and insert "$4,110,722"

Adjust all totals accordingly.

(10) Black Hills State University

Operating Expenses, General Funds, delete "$746,186" and insert "$144,361"

Operating Expenses, Federal Funds, delete "$11,773,747" and insert "$12,375,572"

Adjust all totals accordingly.".

On page 2, between lines 8 and 9, insert:

" Operating Expenses, General Funds, delete "$1,030,169" and insert $424,265"

Operating Expenses, Federal Funds, delete $2,197,196" and insert "$2,803,100".

On page 2, between lines 16 and 17, insert:

" Section 4. That section 15 of chapter 27 of the 2008 Session Laws be amended to read as follows:

DEPARTMENT OF CORRECTIONS

(1) Administration, Central Office

Operating Expenses, General Funds, delete "$16,687,524" and insert "$9,493,937"

Operating Expenses, Federal Funds, delete "$2,478,818" and insert "$9,672,405"

Adjust all totals accordingly.

DESCRIPTION: This reduces $39,525,205 in general funds and adds $39,525,205 in federal fund expenditure authority due to the education fiscal stabilization grant included int he stimulus package.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 117 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. The provisions of § § 4-7-32, 4-7-39, 4-8A-8, 4-8-17.1, and 31-2-14 do not apply to any funds received by the State of South Dakota from the federal government through the American Recovery and Reinvestment Act of 2009, P.L. 111-5.

Section 2. The Bureau of Finance and Management shall provide a report on the same schedule required for federal purposes, to the special committee created in § 4-8A-2 detailing all receipts, expenditures, transfers, encumbrances, carryovers and any other information as required for federal reporting on funds received by the State of South Dakota from the federal government through the American Recovery and Reinvestment Act of 2009, P.L. 111-5.

Section 3. This Act is effective June 29, 2009, and expires on June 30, 2011."

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain budgetary provisions relating to certain funds received from the federal government.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered SB 105 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,    Respectfully submitted,
Deb Peters    Larry Rhoden
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1212 and 1275 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1014, 1015, and 1016 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Howie, Russell Olson, and Nesselhuf as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1239.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Rave moved that the House do not concur in Senate amendments to HB 1091 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. Rave, Bernie Hunhoff, and Lust.

Speaker Rave now presiding.

Rep. Faehn moved that the House do concur in Senate amendments to HB 1240.

Rep. Rounds moved as a substitute motion that the House do not concur in Senate amendments to HB 1240 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 lost.

The question being on Rep. Faehn's motion that the House do concur in Senate amendments to HB 1240.

And the roll being called:

Yeas 46, Nays 23, Excused 1, Absent 0

Yeas:
Blake; Burg; Carson; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirschman; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Ryan); Peters; Pitts; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Tidemann; Vanderlinde; Wismer; Speaker Rave

Nays:
Bolin; Boomgarden; Brunner; Cronin; Deadrick; Gosch; Greenfield; Hamiel; Hoffman; Juhnke; Kirkeby; Kopp; Lederman; Noem; Olson (Betty); Putnam; Rounds; Solum; Turbiville; Van Gerpen; Vanneman; Verchio; Wink

Excused:
Russell

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. McLaughlin moved that the House do not concur in Senate amendments to HB 1254 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. Faehn, Rave, and Bernie Hunhoff.

Rep. Lust moved that the House do concur in Senate amendments to HB 1301.

The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1301.

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

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

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

Rep. Putnam moved that SCR 7 as found on pages 613 and 614 of the Senate Journal be concurred in.

The question being on Rep. Putnam's motion that SCR 7 be concurred in.

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 SCR 7 was concurred in.

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.

Rep. Kirkeby moved that SCR 8 as found on pages 614 and 615 of the Senate Journal be concurred in.

The question being on Rep. Kirkeby's motion that SCR 8 be concurred in.

And the roll being called:

Yeas 22, Nays 48, Excused 0, Absent 0

Yeas:
Boomgarden; Engels; Fargen; Frerichs; Gosch; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Olson (Ryan); Russell; Schlekeway; Sorenson; Van Gerpen; Vanderlinde; Vanneman

Nays:
Blake; Bolin; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Faehn; Feickert; Feinstein; Gibson; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Juhnke; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Tidemann; Turbiville; Verchio; Wink; Wismer; Speaker Rave

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

HCR 1018 Introduced by: Representatives Iron Cloud III, Blake, Bolin, Burg, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hunhoff (Bernie), Juhnke, Killer, Kirschman, Lange, Lederman, Lucas, Nygaard, Rave, Schrempp, Solberg, Sorenson, Street, Thompson, Vanderlinde, Verchio, and Wismer and Senators Bradford, Garnos, Heidepriem, Knudson, Maher, and Tieszen

A CONCURRENT RESOLUTION, Urging increased cooperation and collaboration between state, local, and tribal governments.

WHEREAS, South Dakota is home to nine American Indian Tribes, including the Cheyenne River Sioux Tribe, the Crow Creek Sioux Tribe, the Flandreau Santee Sioux Tribe, the Lower Brule Sioux Tribe, the Oglala Sioux Tribe, the Rosebud Sioux Tribe, the Sisseton-Wahpeton Oyate, the Standing Rock Sioux Tribe, and the Yankton Sioux Tribe; and

WHEREAS, the members of these tribes are South Dakota citizens, possess all the rights and privileges afforded by the state to its citizens, and comprise approximately nine percent of South Dakota's population; and

WHEREAS, the State of South Dakota recognizes and supports the right of these nine tribal governments to exercise sovereign authority over their members and their territory. The State of South Dakota recognizes and respects the authority, rights, and sovereignty of tribal governments and endeavors to promote cooperation and good relations with the tribes residing within its borders; and

WHEREAS, it is in the best interest of state and local governments to partner with tribal governments and to ensure that services and resources are available to all eligible citizens residing in tribal communities to the same extent that such services are available to all other eligible state citizens; and

WHEREAS, a spirit of cooperation should guide the continuing government-to-government relationships between state and local governments and the tribes. Meaningful and timely consultation with South Dakota's tribal leaders based on respect, honesty, and understanding will facilitate better understanding and informed decision making; and

WHEREAS, enhanced cooperation between state, local, and tribal governments can result in efficiency in the use of federal, state, and tribal dollars, saving litigation costs for all parties, and facilitating agreements between the tribes and state and local governments in such diverse areas as taxation, gaming, roads and bridges, law enforcement, rural fire services, health services, social services, child placement, corrections, agriculture, wildlife, hunting and fishing rights, water and natural resources, and many others:

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 endorses a policy of cooperation between tribal, state, and local governments and a commitment to fostering government-to-government relationships with tribal governments that will maintain open and free lines of communication for the discussion and resolution of conflicts and issues; and

BE IT FURTHER RESOLVED, that state and local government agencies are urged to develop and implement tribal consultation policies to guide their work and interaction with tribal governments, so that state and local agencies seek input from appropriate tribal officials before undertaking actions or policies that may affect a tribal community or its members. Such agencies are urged to designate staff members to assume responsibility for the agency's tribal consultation policy and to act as the principal point of contact for tribal issues; and

BE IT FURTHER RESOLVED, that the Legislature salutes and honors South Dakota's nine Indian tribes and all they have done to strengthen their communities. The Legislature reaffirms its recognition of the tribes' status as sovereign governments and the Legislature's commitment to interact with the tribes to promote intergovernmental cooperation, coordination, and communication on all matters.

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

HCR 1019 Introduced by: Representatives Lucas, Deadrick, and Lange and Senators Kloucek, Ahlers, and Hundstad

A CONCURRENT RESOLUTION, Urging South Dakota school districts and the South Dakota High School Activities Association to reexamine travel policies for high school athletic activities.

WHEREAS, the South Dakota High School Activities Association conducts state competitions for seven different categories of boys' athletics, including Class AA, A, and B boys' basketball, track, golf, and cross country championships; Class A and B wrestling championships, including thirteen separate weight-class championships; six classes of football championships; and individual and team tennis championships; and

WHEREAS, the South Dakota High School Activities Association conducts state competitions for nine different categories of girls' athletics, including Class AA, A, and B girls' basketball, track, golf, cross country, and volleyball championships; Class AA and A gymnastics team championships; individual and team tennis championships, and dance and cheer competition championships; and

WHEREAS, these high school activities play a positive role in the education and development of young adults, and the South Dakota Legislature supports participation in these activities for the benefit of youth, parents, and fans across the state; and

WHEREAS, in this time of economic downturn, it is necessary to examine the expenditures made for transportation, lodging, and meals, and to look for ways in which those expenses might be reduced while attending athletic competitions throughout the State of South Dakota; and

WHEREAS, traveling to competitions outside of a team's district or region may involve unnecessary travel expenses and may take participating students out of the classroom for excessive amounts of time:

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 urges all South Dakota school districts and the South Dakota High School Activities Association to reexamine travel policies for high school athletic activities.

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

Judiciary on SB 186 as found on pages 686 and 687 of the House Journal ; also

Appropriations on SB 72 as found on page 687 of the House Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 131: FOR AN ACT ENTITLED, An Act to authorize sheriffs to order autopsies.

Was read the second time.

The question being "Shall SB 131 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 155: FOR AN ACT ENTITLED, An Act to provide for the revision of certain offensive geographic place names.

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

The question being "Shall SB 155 pass?"

And the roll being called:

Yeas 68, Nays 2, Excused 0, Absent 0

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

Nays:
Dreyer; Greenfield

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

SB 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.

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

The question being "Shall SB 165 pass as amended?"

And the roll being called:

Yeas 36, Nays 34, Excused 0, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Dennert; Dreyer; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Lange; Lederman; Lucas; Lust; McLaughlin; Nygaard; Schlekeway; Schrempp; Sly; Solberg; Steele; Street; Thompson; Vanderlinde

Nays:
Brunner; Cronin; Curd; Cutler; Deadrick; Faehn; Greenfield; Hunt; Jensen; Juhnke; Kopp; Krebs; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Solum; Sorenson; Tidemann; Turbiville; Van Gerpen; 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 36: FOR AN ACT ENTITLED, An Act to revise certain drug registration fees and license fees related to health care facilities.

Was read the second time.

The question being "Shall SB 36 pass as amended?"

And the roll being called:

Yeas 46, Nays 24, Excused 0, Absent 0

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

Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Greenfield; Iron Cloud III; Kirschman; Lange; Moser; Nygaard; Russell; Schrempp; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

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 37: FOR AN ACT ENTITLED, An Act to establish certain immunity for volunteers of the statewide emergency registry of volunteers for South Dakota program.

Was read the second time.

Rep. Lust moved that SB 37 be amended as follows:

On page 1, line 13, of the House Judiciary Committee engrossed bill, delete everything after "Section 2." and insert "Any".

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

Rep. Lust's motion prevailed.

The question being "Shall SB 37 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 151: FOR AN ACT ENTITLED, An Act to provide for a special motor vehicle license plate for parents of members of the United States Armed Forces who died while in service of this country.

Was read the second time.

The question being "Shall SB 151 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 two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

SB 32: FOR AN ACT ENTITLED, An Act to increase certain fees related to the use of motor vehicles.

Was read the second time.

The question being "Shall SB 32 pass as amended?"

And the roll being called:

Yeas 55, Nays 15, Excused 0, Absent 0

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

Nays:
Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Iron Cloud III; Killer; Kirschman; Lange; Russell; Schrempp; Solberg; Street; Vanderlinde

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

SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

Was read the second time.

Rep. Tidemann moved the previous question.

Which motion prevailed.

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

And the roll being called:

Yeas 54, Nays 16, Excused 0, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Deadrick; Dennert; Elliott; Fargen; Feickert; Frerichs; Gibson; Gosch; Greenfield; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Moser; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Tidemann; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

Nays:
Cronin; Curd; Cutler; Dreyer; Engels; Faehn; Feinstein; Hamiel; Hoffman; Kirkeby; Lust; McLaughlin; Novstrup (David); Peters; Steele; 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.

Speaker Pro tempore Rausch now presiding.

SB 4: FOR AN ACT ENTITLED, An Act to provide for additional responsibilities to the Agricultural Land Assessment Implementation and Oversight Advisory Task Force.

Was read the second time.

The question being "Shall SB 4 pass as amended?"

And the roll being called:

Yeas 61, Nays 9, Excused 0, Absent 0

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

Nays:
Curd; Cutler; Dreyer; Engels; Feinstein; Lust; Novstrup (David); Peters; Steele

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

Speaker Rave now presiding.

SB 149: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the general fund levies of school districts.

Was read the second time.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 60, Nays 10, Excused 0, Absent 0

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

Nays:
Curd; Cutler; Dreyer; Engels; Feinstein; Lust; McLaughlin; Novstrup (David); Peters; Steele

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. Verchio moved that SB 100 be amended as follows:

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

" Section 1. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

No person may smoke, chew, possess, distribute, or sell any tobacco product. A violation of this section is a Class 2 misdemeanor."

Rep. Rausch moved that Rep. Verchio's motion to amend SB 100 be laid on the table.

A roll call vote was requested and supported.

The question being on Rep. Rausch's motion that Rep. Verchio's motion to amend be laid on the table.

And the roll being called:

Yeas 53, Nays 15, Excused 2, Absent 0

Yeas:
Blake; Boomgarden; Burg; Carson; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirschman; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Peters; Pitts; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Bolin; Brunner; Deadrick; Greenfield; Hoffman; Jensen; Juhnke; Kirkeby; Kopp; Olson (Betty); Rounds; Russell; Solum; Sorenson; Verchio

Excused:
Cronin; Olson (Ryan)

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the amendment was tabled.

The question being "Shall SB 100 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

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

Nays:
Brunner; Jensen; Rounds

Excused:
Cronin; Olson (Ryan)

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 80: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

Was read the second time.

Rep. Faehn moved that SB 80 be deferred to Tuesday, March 10^th, the 36^th legislative day.

Which motion prevailed.

SB 106: FOR AN ACT ENTITLED, An Act to enhance education in South Dakota.

Was read the second time.

Rep. Juhnke moved that SB 106 be amended as follows:

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

"
Section 1. 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 . "

Section 2. 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 3. The secretary of education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. 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. Brunner moved as a substitute motion that SB 106 be amended as follows:

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

"
Section 1. There is hereby appropriated from the general fund the sum of two million twenty-three thousand eight hundred eighty-one dollars ($ 2,023,881 ), 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 2. The secretary of education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 3. 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.".

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

Rep. Brunner's substitute motion lost.

Rep. Juhnke's motion prevailed.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 67, Nays 3, Excused 0, Absent 0

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

Nays:
Deadrick; Engels; Peters

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Juhnke moved that the title to SB 106 be amended as follows:

On page 1, line 1, of the House Education Committee engrossed bill, delete "enhance education in South Dakota" and insert "revise certain provisions regarding the distribution of funds to sparse school districts, and to appropriate funds to distribute to sparse school districts".

Which motion prevailed and the title was so amended.

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

Was read the second time.

The question being "Shall SB 160 pass as amended?"

And the roll being called:

Yeas 59, Nays 10, Excused 1, Absent 0

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

Nays:
Boomgarden; Deadrick; Engels; Gosch; Killer; Kirkeby; Lucas; Olson (Betty); Rausch; Street

Excused:
Cronin

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 164: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009 to fund the South Dakota Opportunity Scholarship.

Was read the second time.

The question being "Shall SB 164 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

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

Excused:
Cronin

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

Was read the second time.

The question being "Shall SB 184 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.

Rep. Faehn moved that SB 153 and 74 be deferred to Tuesday, March 10, the 36^th legislative day.

Which motion prevailed.

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

MESSAGES FROM THE SENATE

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 115 and has appointed Sens. Russell Olson, Rhoden, and Gary Hanson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1264 was lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1278 was tabled.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Jean Hunhoff, Gray, and Miles as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1091.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Knudson, Gray, and Heidepriem as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1254.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that HB 1050, 1067, 1090, 1101, 1149, 1166, 1167, 1255, 1265, and 1268 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., March 9, 2009.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1081, 1177, 1212, 1233, and 1275 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1081: FOR AN ACT ENTITLED, An Act to make an appropriation for operation costs of the 24/7 sobriety program and to declare an emergency.

HB 1177: FOR AN ACT ENTITLED, An Act to revise the definition of transmission facilities.

HB 1212: FOR AN ACT ENTITLED, An Act to revise certain requirements of written contract documents for public improvements.

HB 1233: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the campaign finance reporting of the expenditures of certain organizations.

HB 1275: FOR AN ACT ENTITLED, An Act to authorize electronic bingo devices.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1025 Introduced by: Representatives Romkema and Turbiville and Senator Nelson

A LEGISLATIVE COMMEMORATION, Honoring Savannah Johnson of Spearfish as a recipient of a 2009 Prudential Spirit of Community Award.

WHEREAS, Savannah Johnson, an esteemed resident of Spearfish and a student at Spearfish Middle School, has achieved national recognition for exemplary volunteer service by receiving a 2009 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Savannah Johnson earned this award by giving generously of her time and energy to raise thousands of dollars for the American Cancer Society by becoming a captain of her student council's Relay for Life team. Savannah's team surpassed their fund raising goal of $2,000 and she plans to continue raising money to fight cancer long after middle school; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Savannah Johnson who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fourth Legislature of the State of South Dakota, that the Legislature congratulates and honors Savannah Johnson as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for her continued success and happiness.

HC 1026 Introduced by: Representatives Wink, Bolin, Boomgarden, Brunner, Carson, Cronin, Curd, Cutler, Deadrick, Faehn, Gosch, Hamiel, Hoffman, Hunt, Jensen, Juhnke, Kirkeby, Kopp, Lederman, Lust, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Romkema, Rounds, Russell, Sly, Solum, Steele, Turbiville, Van Gerpen, Vanneman, and Verchio and Senator Rhoden

A LEGISLATIVE COMMEMORATION, Commending the Sturgis Brown High School Scoopers Wrestling Team on winning the 2009 South Dakota Class A Wrestling Championship.

WHEREAS, the Sturgis Brown High School Wrestling Team won the 2009 State Class A Wrestling Team Championship, together with several individual titles, under the direction of head coach Steve Keszler; and

WHEREAS, Scooper wrestlers earning individual titles at the Class A tournament included first place titles by Tanner Bothwell, Josh Keszler, and Seth Lange; second place titles by Nate Wilson, Rex Lyon, and Clint Wilson; a third place title by Jason Duprel; and a fifth place title by Jake Stygles; and

WHEREAS, the Sturgis Brown High School Scoopers Wrestling Team displayed hard work, dedication, and determination, earning individual state titles and the South Dakota Class A State Wrestling Team Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fourth Legislature of the State of South Dakota, that the members of the Sturgis Brown High School Scoopers Wrestling Team are to be congratulated on their individual state wrestling titles and on earning the 2009 State Class A Wrestling Team Championship.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 5:14 p.m. the House adjourned.

Karen Gerdes, Chief Clerk