JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION



THIRTY-SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 10, 2009

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

     The prayer was offered by the Chaplain, Pastor Mike Bishop, followed by the Pledge of Allegiance led by House page Zachary Rogen.

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

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

     The Speaker appointed Reps. Rausch, Cronin, and Frerichs as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 115.

COMMUNICATIONS AND PETITIONS

March 10, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 9, 2009, I approved House Bills 1009, 1025, 1031, 1033, 1048, 1069, 1118, 1145, 1159, 1173, 1243, 1251, and 1270, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 10, 2009

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

Dear Speaker Rave and Members of the House of Representatives:

I herewith return House Bill 1197 and VETO the same. House Bill 1197 is An Act to allow single-family dwellings that are under construction or listed for sale by contractors to be classified as owner-occupied single-family dwellings for the purpose of taxation.

Homeowners who have "owner-occupied" tax status receive an annual tax reduction on their school general fund property tax levies. The difference in the levies between "owner-occupied" and residential property not occupied by the owner is $4.68/$1,000 of taxable value. This means the "owner-occupied" status saves the owner of a $100,000 home $468 in property taxes a year. HB 1197 would give the "owner-occupied" tax status to contractors who build spec houses that are not occupied by anyone.

If HB 1197 becomes law, then the contractor who builds spec houses would receive the "owner-occupied" status on up to four unsold houses. In addition, it is clear each of the "houses" could be a four-plex, or a total of 16 units, an interpretation confirmed by the Attorney General. The contractor would receive the special tax reduction status for each "house" for up to 2 years.

Fairness

This bill treats spec house builders better than actual "owner-occupied" homeowners. Here's how. With passage of HB 1002 in 2005, the legislature limited the owner-occupied classification to the owner's primary residence. Prior to that change, property owners could have both their main home and, for example, a vacation home in the Black Hills, classified as "owner-occupied". The 2005 legislature required a property owner to pay the higher tax rate on everything except their primary residence. If HB 1197 passes this year, it would give the "owner-occupied" tax status to spec house builders on up to four houses, not one, and each of them could be a four-plex.

Tax Shift

In giving spec house builders these special tax reductions, HB 1197 would actually shift taxes from the spec house builders to everyone else who is paying property taxes. The taxes associated with changing the status for the spec house builders do not simply disappear. The taxes must be paid by someone. Spec house builders will pay less taxes and all the rest of the taxpayers will pay more taxes.

Here's how that works. If HB 1197 becomes law, the lost revenue will have to be made up by adjusting the levies during the annual Cutler/Gabriel process that is in state law. The state currently pays 57 percent of the cost of K-12 education; the remaining 43 percent is "local effort" and it is paid by local property owners. The Cutler/Gabriel process determines the levies needed to generate the "local effort."

So, for each $100,000 of "spec house value" transferred to owner-occupied status by HB 1197, there is $468 of property taxes that has to be made up by other property owners. Nothing in HB 1197 requires the state to make up the lost revenue and increase its share of the cost of K-12 education. So, HB 1197 gives a tax break to spec house builders that must be paid for by actual homeowners, our farmers and ranchers, and our main street businesses.

Proponents of the bill say it will not shift taxes because these are new structures that have not previously been taxed. However, the bill states "Any contractor that has constructed or is constructing a single family dwelling . . ." Thus, it is clear, the bill will apply to the existing inventory of houses owned by spec builders, which are currently taxed at the higher levy rate. Further, as new spec houses are built, the bill requires them to be taxed at the lower levy rate, continuing the shift to other property owners.

No proponent of this bill has provided any estimates as to how much this tax shift from spec house builders to the other property owners will cost. I do not believe it is appropriate to give spec house builders a property tax break, paid for by all of the other property owners in the state, without any idea of the cost.

Providing more property tax reductions to South Dakotans is an excellent goal, but it should be done for all South Dakota property taxpayers or, at least, a very large number of property taxpayers, not just people who build spec houses.

Therefore, for all of these reasons, I respectfully request that you concur with my action and sustain my veto.

Respectfully submitted,
M. Michael Rounds
Governor

cc:    The Honorable Dennis Daugaard
    The Honorable Chris Nelson

REPORTS OF CONFERENCE COMMITTEES

Cc1239A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1239 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1239 be amended as follows:

1239og

     On the Senate engrossed bill, on page 3 after line 2 insert:

     "      Section 6. No person may arrange, promote, organize, produce, or fight in a professional boxing match, professional mixed martial arts match, or other professional form of mutual physical combat unless the match is supervised by the commission or by a regulatory commission of another state in cooperation with this state or is conducted in compliance with 15 U.S.C. 6301 to 15 U.S.C. 6313, inclusive, as amended and in effect on January 1, 2009. A violation of this section is a Class 1 misdemeanor.
    
     Section 7. The provisions of §  4-8-14 do not apply to the South Dakota Boxing Commission.

     Section 8. This Act is repealed on July 1, 2012.".


Respectfully submitted,    Respectfully submitted,
Lance Carson    Gordon Howie
House Committee Chair    Senate Committee Chair


MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 105.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 90, 159, and 202.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1252 which has passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1070, 1153, 1176, 1241, and 1260 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that a change has been made in the Senate Conference Committee on HB 1091. The committee should be Sens. Jean Hunhoff, Gray, and Nesselhuf.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that HB 1007 was tabled.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1018: A CONCURRENT RESOLUTION, Urging increased cooperation and collaboration between state, local, and tribal governments.

     Rep. Iron Cloud III moved that HCR 1018 as found on pages 714 and 715 of the House Journal be adopted.

     The question being on Rep. Iron Cloud III's motion that HCR 1018 be adopted.

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent 0

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

     Nays:
Brunner; Greenfield; Jensen; Kirkeby; Noem; Peters; Rausch; Rounds; Russell; Steele; Vanneman

     Excused:
Lederman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1018 was adopted.

     HCR 1019: 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.

     Rep. Lucas moved that HCR 1019 as found on pages 715 and 716 of the House Journal be adopted.

     The question being on Rep. Lucas's motion that HCR 1019 be adopted.

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent 0

     Yeas:
Blake; Boomgarden; 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; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Schrempp; Sly; Solberg; Sorenson; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Bolin; Fargen; Rounds; Russell; Schlekeway; Solum; Steele; Van Gerpen

     Excused:
Lederman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1019 was adopted.

     Rep. Faehn moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Wednesday, March 11th, the 37th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Peters moved that the report of the Conference Committee on SB 105 as found on page 710 of the House Journal be adopted.

     The question being on Rep. Peters' motion that the report of the Conference Committee on SB 105 be adopted.

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; 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; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Juhnke; Tidemann; Vanneman

     Excused:
Lederman

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 68 as found on page 694 of the House Journal ; also

     State Affairs on SB 144 as found on pages 694 and 695 of the House Journal ; also

     State Affairs on SB 147 as found on pages 695 to 697 of the House Journal ; also

     Taxation on SB 42 as found on pages 697 and 698 of the House Journal ; also

     Judiciary on SB 78 as found on page 698 of the House Journal ; also

     Judiciary on SB 33 as found on pages 698 and 699 of the House Journal ; also

     Appropriations on SB 50 as found on pages 699 to 709 of the House Journal ; also

     Appropriations on SB 117 as found on pages 709 and 710 of the House Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permission to carry a concealed pistol and to repeal certain requirements concerning applications to purchase a pistol.

     Was read the second time.

     The question being "Shall SB 33 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0


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

     Excused:
Lederman

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

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

     The question being "Shall SB 80 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

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

     Nays:
Fargen; Frerichs; Vanderlinde

     Excused:
Lederman

     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 153: FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates and the contact preference of birth parents.

     Was read the second time.

153jd

     Rep. Nygaard moved that SB 153 be amended as follows:

     On the House Health and Human Services Committee engrossed bill, delete all House Health and Human Services Committee amendments, thus restoring the bill to the Senate Health and Human Services Committee engrossed version.

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

     Rep. Nygaard's motion lost.

     Rep. Faehn moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 153 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 38, Excused 3, Absent 0

     Yeas:
Blake; Bolin; Burg; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hamiel; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirschman; Krebs; Lange; Lucas; Moser; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Turbiville; Vanderlinde; Wismer

     Nays:
Boomgarden; Brunner; Carson; Cronin; Curd; Cutler; Deadrick; Dreyer; Faehn; Greenfield; Hoffman; Hunt; Juhnke; Kirkeby; Kopp; Lust; McLaughlin; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Tidemann; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

     Excused:
Dennert; Gosch; Lederman

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

    Speaker Pro tempore Rausch now presiding.

     Rep. Nygaard announced his intention to reconsider the vote by which SB 153 lost.

     SB 74: FOR AN ACT ENTITLED, An Act to direct the Office of the Attorney General to study the creation of a state medical examiner system and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 74 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 24, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hunhoff (Bernie); Hunt; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; Lucas; Nygaard; Pitts; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Hoffman; Iron Cloud III; Jensen; Kopp; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Putnam; Russell; Tidemann; Van Gerpen; Verchio

     Excused:
Lederman

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

     Rep. Rave announced his intention to reconsider the vote by which SB 74 lost.

     SB 186: FOR AN ACT ENTITLED, An Act to provide for the imposition of a late payment fee for certain chronically delinquent child support obligations.

     Was read the second time.

     The question being "Shall SB 186 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Cronin; 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; 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; Wink; Wismer; Speaker Rave

     Nays:
Brunner; Carson; Jensen; Verchio

     Excused:
Lederman

     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 72: FOR AN ACT ENTITLED, An Act to make an appropriation to initiate a master of social work degree program in higher education.

     Was read the second time.

     The question being "Shall SB 72 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Dennert; Dreyer; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hunhoff (Bernie); Hunt; Juhnke; Killer; Kirschman; Krebs; Lange; Lust; McLaughlin; Moser; Noem; Nygaard; Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave


     Nays:
Brunner; Cronin; Curd; Cutler; Deadrick; Engels; Greenfield; Hamiel; Hoffman; Iron Cloud III; Jensen; Kirkeby; Kopp; Lucas; Novstrup (David); Olson (Betty); Peters; Russell; Verchio

     Excused:
Lederman

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

     Was read the second time.

     The question being "Shall SB 148 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     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 143: FOR AN ACT ENTITLED, An Act to require a searchable internet website for the posting and access of certain public records and financial information.

     Was read the second time.

     Rep. Faehn moved that SB 143 be placed to follow SB 68 on today's calendar.

     Which motion prevailed.

     SB 70: FOR AN ACT ENTITLED, An Act to repeal the provision requiring a forty-eight hour waiting period to purchase a pistol.

     Was read the second time.

     The question being "Shall SB 70 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

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

     Excused:
Kirkeby; Lederman

     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 108: FOR AN ACT ENTITLED, An Act to exclude parole agents from concealed weapons permit requirements.

     Was read the second time.

     Rep. Faehn moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 108 pass?"

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent 0

     Yeas:
Boomgarden; Burg; Carson; Curd; Cutler; Dreyer; Engels; Frerichs; Gibson; Greenfield; Hamiel; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Kopp; Krebs; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Putnam; Rounds; Russell; Schlekeway; Sly; Tidemann; Vanneman; Verchio; Wismer; Speaker Rave

     Nays:
Blake; Bolin; Brunner; Cronin; Deadrick; Dennert; Elliott; Faehn; Fargen; Feickert; Feinstein; Gosch; Hunhoff (Bernie); Killer; Kirschman; Lange; Lucas; Nygaard; Peters; Rausch; Romkema; Schrempp; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Wink

     Excused:
Kirkeby; Lederman

     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 68: FOR AN ACT ENTITLED, An Act to authorize the establishment, operation, and control of research parks on state land in Sioux Falls.

     Was read the second time.

     The question being "Shall SB 68 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Curd; Cutler; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Hunt; Iron Cloud III; Killer; Kirschman; Krebs; Lange; Lucas; Lust; McLaughlin; Noem; Olson (Ryan); Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Vanderlinde; Wismer; Speaker Rave

     Nays:
Brunner; Carson; Cronin; Deadrick; Gosch; Greenfield; Hamiel; Hoffman; Jensen; Juhnke; Kopp; Moser; Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Russell; Van Gerpen; Vanneman; Verchio; Wink

     Excused:
Kirkeby; Lederman

     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 143: FOR AN ACT ENTITLED, An Act to require a searchable internet website for the posting and access of certain public records and financial information.

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

     The question being "Shall SB 143 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     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 144: FOR AN ACT ENTITLED, An Act to require certain contracts to be retained in the contract's original format or made available by a publicly accessible internet website or database.

     Was read the second time.

     The question being "Shall SB 144 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

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

     Excused:
Lederman

     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 147: FOR AN ACT ENTITLED, An Act to provide for public access to public records, to provide certain exemptions, and to provide for judicial remedies for noncompliance.

     Was read the second time.

147ok

     Rep. Feinstein moved that SB 147 be amended as follows:

     On page 8 of the House State Affairs Committee engrossed bill, delete lines 13 and 14, and insert:

"

             (27)    Any other confidential or closed record under state statute or as provided by federal statutes or rules or as necessary to participate in federal programs and benefits.".

     Which motion lost.

     The question being "Shall SB 147 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     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 42: FOR AN ACT ENTITLED, An Act to provide an application deadline for sales and use tax refunds regarding certain storage facilities.

     Was read the second time.

42fd

     Rep. Ryan Olson moved that SB 42 be amended as follows:

     On page 1, line 9, of the House Taxation Committee engrossed bill, delete "July" and insert "October".

     On page 1, line 13, delete "July" and insert "October".

     Which motion prevailed.

     The question being "Shall SB 42 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; 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; Lucas; 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:
Lust

     Excused:
Cutler; Lederman

     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 78: FOR AN ACT ENTITLED, An Act to provide for a plan to be presented to the Legislature regarding the need for additional drug courts and certain other correctional issues.

     Was read the second time.

     The question being "Shall SB 78 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 8, Excused 2, Absent 0

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

     Nays:
Cronin; Deadrick; Juhnke; Lust; Olson (Betty); Peters; Steele; Verchio

     Excused:
Lederman; Russell

     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 50: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009.

     Was read the second time.

     The question being "Shall SB 50 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 13, Excused 1, Absent 0

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

     Nays:
Cronin; Curd; Cutler; Deadrick; Gosch; Greenfield; Kopp; Moser; Novstrup (David); Olson (Betty); Peters; Russell; Verchio

     Excused:
Lederman

     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 117: FOR AN ACT ENTITLED, An Act to revise certain budgetary provisions relating to certain funds received from the federal government.

     Was read the second time.

     The question being "Shall SB 117 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Dreyer; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Krebs; Lange; 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; Wink; Wismer; Speaker Rave

     Nays:
Greenfield; Kopp; Verchio

     Excused:
Lederman

     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. Rave moved that the House do now reconsider the vote by which SB 74 lost.

     The question being on Rep. Rave's motion to reconsider the vote by which SB 74 lost.

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent 0

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

     Nays:
Lust; Moser; Peters; Russell; Verchio

     Excused:
Lederman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 74 was up for reconsideration and final passage.

     SB 74: FOR AN ACT ENTITLED, An Act to direct the Office of the Attorney General to study the creation of a state medical examiner system and to declare an emergency.

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

74jb

     Rep. Rave moved that SB 74 be amended as follows:

     On page 1, line 10, of the Senate Appropriations Committee engrossed bill, after "commissioners," insert "county coroners,".

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

     Which motion prevailed.

     The question being "Shall SB 74 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 10, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Burg; Carson; Cronin; Curd; 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; Lucas; McLaughlin; Noem; Nygaard; Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

     Nays:
Brunner; Cutler; Deadrick; Jensen; Lust; Moser; Novstrup (David); Peters; Russell; Verchio

     Excused:
Lederman

     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.

74jtb

     Rep. Rave moved that the title to SB 74 be amended as follows:

     On page 1, line 2, of the Senate Appropriations Committee engrossed bill, delete "and to declare an emergency".

     Which motion prevailed and the title was so amended.

    Speaker Rave now presiding.

     Rep. Nygaard moved that the House do now reconsider the vote by which SB 153 lost.

     The question being on Rep. Nygaard's motion to reconsider the vote by which SB 153 lost.

     And the roll being called:

     Yeas 38, Nays 31, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Brunner; Burg; Dennert; Dreyer; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Moser; Nygaard; Romkema; Schrempp; Solberg; Solum; Sorenson; Street; Thompson; Van Gerpen; Vanderlinde; Wismer; Speaker Rave

     Nays:
Boomgarden; Carson; Cronin; Curd; Cutler; Deadrick; Faehn; Greenfield; Hoffman; Hunt; Juhnke; Lust; McLaughlin; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rounds; Russell; Schlekeway; Sly; Steele; Tidemann; Turbiville; Vanneman; Verchio; Wink

     Excused:
Lederman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 153 was up for reconsideration and final passage.

     SB 153: FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates and the contact preference of birth parents.

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

     The question being "Shall SB 153 pass as amended?"

     And the roll being called:


     Yeas 37, Nays 32, Excused 1, Absent 0

     Yeas:
Blake; Bolin; Brunner; Burg; Dennert; Dreyer; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Moser; Nygaard; Romkema; Schlekeway; Schrempp; Solberg; Solum; Sorenson; Street; Thompson; Vanderlinde; Wismer

     Nays:
Boomgarden; Carson; Cronin; Curd; Cutler; Deadrick; Faehn; Greenfield; Hoffman; Hunt; Juhnke; Lust; McLaughlin; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rounds; Russell; Sly; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

     Excused:
Lederman

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

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that HB 1227 was tabled.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1036, 1037, 1071, 1074, 1086, 1112, 1140, 1211, 1253, and 1263 were delivered to his Excellency, the Governor, for his approval at 10:20 a.m., March 10, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1240, 1252, and 1301 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1240: FOR AN ACT ENTITLED, An Act to  prohibit smoking tobacco or carrying lighted tobacco products in certain places and to require certain persons to inform violators of the prohibition.

     HB 1252: FOR AN ACT ENTITLED, An Act to  repeal certain provisions relating to the education enhancement tobacco tax fund.

     HB 1301: FOR AN ACT ENTITLED, An Act to  create the South Dakota Ellsworth Development Authority.

     SB 8: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

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

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

     SB 38: FOR AN ACT ENTITLED, An Act to  require school districts to keep contiguous boundaries when reorganizing.

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

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

     SB 58: FOR AN ACT ENTITLED, An Act to  require notification regarding the construction of certain wind energy projects.

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

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

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

     SB 64: FOR AN ACT ENTITLED, An Act to  establish certain energy efficiency disclosure requirements for new residential buildings.

     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.

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

     SB 91: FOR AN ACT ENTITLED, An Act to  allow any school district, for a period of three years, to expend capital outlay funds for certain transportation costs, for the purchase of property and casualty insurance, and for energy costs, and the cost of utilities.

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

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

     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.

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

     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.

     SB 130: FOR AN ACT ENTITLED, An Act to  require written consent for the issuance of certain disinterment permits.

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

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

     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.

     SB 154: FOR AN ACT ENTITLED, An Act to  require new construction of certain structures and buildings to comply with the building code.

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

     SB 173: FOR AN ACT ENTITLED, An Act to  revise the elements of the crimes of vehicular homicide and vehicular battery.

     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.

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

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1027  Introduced by:  Representatives Hunhoff (Bernie), Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Cronin, Curd, Cutler, Deadrick, Dennert, Dreyer, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Verchio, Wink, and Wismer and Senators Dempster, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Tieszen, Turbak Berry, and Vehle

         A LEGISLATIVE COMMEMORATION,  Honoring Terry Woster for his contributions to South Dakota journalism and culture and for forty years of reporting on the South Dakota State Legislature.

     WHEREAS,  Terry Woster was raised in Lyman County with brothers Jim and Kevin and sister Mary, and remembers and shares important lessons and experiences from his rural upbringing;

     WHEREAS,  Terry Woster enjoys a lifelong love of the Fourth Estate that began as a youth when he discovered that the newspaper brought the outer world to the farmhouse, and was fostered as he delivered the Sunday Minneapolis Tribune;

     WHEREAS,  Terry Woster studied journalism at South Dakota State University and has written for the Associated Press and newspapers in Volga, Chamberlain, and Pierre, along with a long association with the Sioux Falls Argus Leader;

     WHEREAS,  Terry Woster excels in his vocation and profession as a writer while planted here at home in his native soil of South Dakota, and has become one of the most respected, admired, and accomplished journalists in state history;

     WHEREAS,  Terry Woster has covered forty of the state's eighty-four legislative sessions, and is appreciated as an objective reporter who arrives at committee meetings and floor sessions with his trademark smile, his notebook, immense historical perspective, and the proper healthy cynicism;

     WHEREAS,  Terry Woster is a rural Renaissance Man of varied interests and gifts, including not just writing but music, history, and South Dakota athletics:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Terry Woster, despite long service in the employ of conglomerate media, writing for the Sioux Falls Argus Leader from 1967 to 2008, personally exemplifies the best traditions of hometown journalism through his commitment and caring for the people and communities of South Dakota.

     HC 1028  Introduced by:  Representatives Schlekeway and Solberg and Senator Gant

         A LEGISLATIVE COMMEMORATION,  Honoring the Sioux Falls Roosevelt High School Volleyball Team and the students involved in the program for winning the 2008 State Class AA Volleyball Championship.

     WHEREAS,  the Roosevelt High School Volleyball Team became the 2008 State AA Champions under the direction of head coach Holly Lynch and assistant coaches Jenae Ruesink- Cross, Melissa DeJong, and Kevin Vanderwal; and

     WHEREAS,  the Roosevelt High School Volleyball Team was exemplary in its unity and the accord of all its members, including Ashley Auch, Jessica Johnson, Steph Kroeze, Anne Aamlid, Breanna Stewart, Kelsey Lindquist, Erica Coomes, Claire Jucht, Haley Chambers, Heather Goehring, Amanda Johnson, Wagner Larson, Kaley Herman, Molly Stehly, Lauren Adams, Beth DeJong, and Siri Nelson, and manager Linsey Clem; and

     WHEREAS,  the Roosevelt High School Volleyball Team showed hard work, dedication, and determination in its goals toward the Class AA Championship; and

     WHEREAS,  the Roosevelt High School Volleyball Team won its fourth championship in twelve appearances:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Roosevelt High School Volleyball Team be congratulated on being the 2008 State Class AA Volleyball Champions.

     HC 1029  Introduced by:  Representatives Schlekeway and Solberg and Senator Gant

         A LEGISLATIVE COMMEMORATION,  Honoring the Sioux Falls Roosevelt High School Girls' Cross Country Team and the students involved in the program for winning the 2008 Girls' State Class AA Cross Country Meet.

     WHEREAS,  the Roosevelt High School Cross Country Team became the 2008 Girls' State AA Champions, under the direction of head coach Jason Wagoner and assistant coach Marc Madison; and

     WHEREAS,  the Roosevelt High School Cross Country Team was exemplary in its unity and the accord of all its members, including Seanna Kautz, Alex Hess, Erin Hargens, Bailey Breems, Megan Brown, Laura Bauer, and Ali Oswald; and

     WHEREAS,  the Roosevelt High School Girls' Cross Country Team showed hard work, dedication, and determination in its goals toward the Class AA Championship title:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Roosevelt Girls' High School Cross Country Team be congratulated on being the 2008 Girls' State Class AA Cross Country Champions.

     HC 1030  Introduced by:  Representative Cronin and Senator Brown

         A LEGISLATIVE COMMEMORATION,  Honoring the life of Thomas Schlachter of Gettysburg.

     WHEREAS,  Thomas F. Schlachter of Gettysburg, South Dakota, died on March 5, 2009, at the age of eighty after a lifetime of service to his family and his community; and

     WHEREAS,  Mr. Schlachter was born on April 3, 1928, to Guy and Olive Schlachter, graduated from Gettysburg High School in 1946, graduated from South Dakota State University in 1950 with a degree in agronomy, and served as a United States Air Force officer during the Korean War; and

     WHEREAS,  following his military service, Mr. Schlachter returned to the family business in Gettysburg, where he was active until his death. Schlachter Lumber was founded in 1883, the same year as the municipality of Gettysburg, and is Gettysburg's oldest family business; and

     WHEREAS,  Tom Schlachter rendered dedicated and valuable service to his community and state, including life membership in and commander of the Gettysburg Ralph Lieu American Legion Post, Gettysburg City Council member, volunteer fireman for twenty years, Potter County Historical Society member, Dakota Sunset Museum Board president, South Dakota Highway Commission member, and charter member of the Knights of Columbus at Sacred Heart Catholic Church. He was named South Dakota Lumberman of the Year in 1994 and received the Century Farm Award in 2008; and

     WHEREAS,  Tom Schlachter and Janice Fetherhuff were married in Gettysburg on January 6, 1962, during a blizzard. Tom and Janice enjoyed their children and grandchildren and their life together. Tom had a love of history and travel and a lifelong thirst for knowledge:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Mr. Thomas F. Schlachter of Gettysburg lived a life of exemplary service to his family and to his community, state, and nation that is in the best traditions of the state of South Dakota and its citizens.

     HC 1031  Introduced by:  Representatives Feinstein, Blake, Cutler, Engels, Hunt, Peters, and Thompson and Senators Heidepriem, Abdallah, Dempster, and Knudson

         A LEGISLATIVE COMMEMORATION,  Honoring three top seniors from Washington High School in Sioux Falls, South Dakota, as finalists for the Merit Scholarship Awards.

     WHEREAS,  Ester Nissen, Susanna Odegaard, and Maxwell Pruner were named as finalists in the 2009 competition for Merit Scholarship Awards; and

     WHEREAS,  these three individuals have displayed remarkable knowledge and critical reading, mathematics, and writing skills, as well as great individual effort and initiative, which will benefit them well in the pursuit of their personal, educational, and life goals; and

     WHEREAS,  these students have excelled academically and have been selected out of 1.5 million other entrants to achieve finalist status whereby they join an elite group representing the nation's best and brightest high school students:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Ester Nissen, Susanna Odegaard, and Maxwell Pruner be congratulated on being selected as finalists in the 2009 Merit Scholarship Awards competition.

     HC 1032  Introduced by:  Representatives Feinstein, Blake, Cutler, Engels, Hunt, Krebs, Peters, Thompson, and Vanderlinde and Senators Heidepriem, Abdallah, Dempster, and Knudson

         A LEGISLATIVE COMMEMORATION,  Congratulating Sioux Falls Washington High School for its U.S. News and World Report Silver Medal rating.

     WHEREAS,  U.S. News and World Report judges schools based on reading and math scores, as well as a school's poverty level, racial makeup, and results from advanced placement tests; and
     WHEREAS,  Sioux Falls Washington High School, one of a select number of high schools in the nation to achieve a Silver Medal rating, received a college readiness index score of 26.5; and

     WHEREAS,  a 96.6 State Test Performance Index was awarded; and

     WHEREAS,  38.2 percent of Washington High School students participated in at least one advanced placement test at some point during high school:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Washington High School be honored for its efforts in achieving a U.S. News and World Report Silver Medal rating.

     HC 1033  Introduced by:  Representatives Feinstein, Blake, Cutler, Engels, Hunt, Peters, Schlekeway, and Thompson and Senators Heidepriem, Abdallah, Dempster, and Knudson

         A LEGISLATIVE COMMEMORATION,  Congratulating the Sioux Falls Washington High School Girls' Basketball Team, its coaches, and student managers for their 2008 South Dakota State AA championship season.

     WHEREAS,  the Washington High School Warriors Girls' Basketball Team worked and trained hard for their 2008 state championship season; and
    
     WHEREAS,  the State AA Championship players are Stevie Knutson, Molly Soholt, Becky Tesch, Nicole Ulvestad, Chelsey Wahlstrom, Melissa Blackburn, Ashley Eide, Amanda Farritor, Kari Heyden, Kelli Hilbrands, Kilee Kading, Logan Lower, Kacey Meeker, Alicia Underwood, Mercede Stotesbery, and Rachel Walters; and

     WHEREAS,  the team benefited greatly from the assistance of student managers Jodi Penn, Lindsey Carmon, Ali Crissman, and Jessica Foster; and

     WHEREAS,  Coach Nate Malchow and Assistant Coaches Brett Schlekeway, Larry Toft, Gretchen Johnson, and Billy Rothenberger, along with Brett Schlekeway, the recipient of the South Dakota High School Coaches Association 2008 Assistant Coach of the Year Award, directed the team with dedication and determination:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Washington High School Warriors Girls' Basketball Team be honored for their achievements in girls' basketball.

     HC 1034  Introduced by:  Representatives Feinstein, Blake, Cutler, Engels, Hunt, Peters, Thompson, and Vanderlinde and Senators Heidepriem, Abdallah, Dempster, and Knudson

         A LEGISLATIVE COMMEMORATION,  Congratulating the Sioux Falls Washington High School Boys' Golf Team on its 2008 South Dakota State Class AA championship season.
     WHEREAS,  the 2008 Boys' Golf Team at Washington High School, including Kyle Cooper, Levi Smith, Parker Hanson, Colin Farritor, Cory Willadson, and Kade Nelson, set goals, trained hard in practice, and displayed enormous effort on the course to achieve their goals; and

     WHEREAS,  coaches Eric Smith, Steve Bertrand, and John Goettsch directed the team with dedication and determination; and

     WHEREAS,  the boys' golf team won their fifth consecutive City Tournament Title and captured first place in the Greater Dakota Conference Meet; and

     WHEREAS,  the boys' golf team, through hard work, determination, and teamwork, won the 2008 State Class AA Boys' Golf Championship:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the 2008 Sioux Falls Washington High School Boys' Golf Team be honored for its 2008 South Dakota State Class AA championship season.

     HC 1035  Introduced by:  Representatives Feinstein, Blake, Cutler, Engels, Peters, Schlekeway, and Thompson and Senators Heidepriem, Abdallah, Dempster, and Knudson

         A LEGISLATIVE COMMEMORATION,  Congratulating Coach Brett Schlekeway as the recipient of the South Dakota High School Coaches Association 2008 Assistant Coach of the Year Award.

     WHEREAS,  assistant coach Schlekeway helped direct the Washington High School Girls' Basketball Team to its 2008 State AA Championship through his thoughtful leadership, dedication, and motivating character; and

     WHEREAS,  assistant coach Schlekeway is a graduate of South Dakota State University and the University of Sioux Falls; and

     WHEREAS,  assistant coach Schlekeway came to love coaching, learned and was inspired by his father; and

     WHEREAS,  assistant coach Schlekeway's dedication is a testament to all:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Brett Schlekeway be honored for his efforts in achieving the South Dakota High School Coaches Association 2008 Assistant Coach of the Year Award.

     HC 1036  Introduced by:  Representatives Feinstein, Blake, Cutler, Engels, Hunt, Peters, and Thompson and Senators Heidepriem, Abdallah, Dempster, and Knudson

         A LEGISLATIVE COMMEMORATION,  Congratulating the Sioux Falls Washington High School Highsteppers on the success of their dance team as 2008-2009 South Dakota State AA Champions.

     WHEREAS,  the 2008-2009 champions are Bethanie Hanson, Stefannie Sayler, Samantha Scarpello, Morgan Berens, Elizabeth Hoskins, Kelsey Isaacson, Katie O'Connor, Rachel Prodanovich, Alissa Thomsen, Megan Wichmann, Ashley Wiley, Morgan Jones, Jessa Nath, Kelly Dressen, Lauren Howell, Alexa Keller, Alexa Lukonen, Lakyn Muilenburg, Shannon O'Connor, and Audra Steinborn; and

     WHEREAS,  the Washington High School Highsteppers worked and trained hard for their 2008-2009 season, receiving a perfect score of 300 in group pom and placing first in large group hip hop; and

     WHEREAS,  the team showed tremendous ability, both athletically and academically, throughout the season; and

     WHEREAS,  Coaches Angela Nieman and Amanda Koening directed the team to be at its best:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Sioux Falls Washington High School Highsteppers be honored for their achievements as a dance team during the 2008-2009 season.

     HC 1037  Introduced by:  Representatives Feinstein, Blake, Cutler, Engels, Hunt, Peters, and Thompson and Senators Heidepriem, Abdallah, Dempster, and Knudson

         A LEGISLATIVE COMMEMORATION,  Congratulating the Washington High School Competitive Cheer Team and coaches for their 2008 South Dakota State AA championship season.

     WHEREAS,  the Sioux Falls Washington High School Competitive Cheer Team worked and trained hard for their 2008 season; and

     WHEREAS,  the team consisted of Candace Towns, Erica Tumbleson, Maggie Rabenberg, Mariesa Moravec, Abby Powell, Alissa Thomsen, Katie O'Connor, Morgan Berens, Kayla Micke, Morgan Jones, Paige Chapman, Shelby Wolfe, Jessica Skogen, Alexa Keller, Alexa Lukonen, Jenna Juliano, and Shannon O'Connor; and

     WHEREAS,  the team showed tremendous ability, both athletically and academically, throughout the season; and

     WHEREAS,  coaches Roxie Truax and Liz Moeller directed the team with dedication and determination:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the 2008 Sioux Falls Washington High School Competitive Cheer Team be honored for their 2008 South Dakota State AA championship season.

      HC 1038  Introduced by:  Representatives Feinstein, Blake, Cutler, Engels, Hunt, Peters, and Thompson and Senators Heidepriem, Abdallah, Dempster, and Knudson

         A LEGISLATIVE COMMEMORATION,  Congratulating Sioux Falls Washington High School student Josh Heitkamp for his 2008 South Dakota State AA Boys' Cross Country Individual Championship and for being awarded All-American status by the National High School Athletic Coaches Association.

     WHEREAS,  Josh Heitkamp worked and trained hard for his 2008 season; and

     WHEREAS,  the highlights of Josh Heitkamp's season included winning the individual conference and state cross country championships; and

     WHEREAS,  Josh Heitkamp achieved All-American status as a junior; and

     WHEREAS,  Josh Heitkamp showed tremendous ability and determination, crediting his success to enhanced preparation and training:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Josh Heitkamp be honored for his 2008 South Dakota State AA Boys' Cross Country Individual Championship and his attainment of All-American status.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 5:21 p.m. the House adjourned.

Karen Gerdes, Chief Clerk