JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION




THIRTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 11, 2009

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Desiree Schaefers.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Timothy A. Rave, Chair

     Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 11, 2009

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 10, 2009, I approved House Bills 1050, 1067, 1090, 1101, 1121, 1129, 1149, 1166, and 1167, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     Rep. Faehn moved that the consideration of the executive veto of HB 1197 be placed at the bottom of today's calendar.

     Which motion prevailed.

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to return herewith HB 1038, 1060, 1072, 1079, 1163, 1183, 1237, 1280, and 1281 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

     I have the honor to return herewith HB 1207, 1215, 1246, and 1271 which have passed the Senate without change.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 4, 165, and 184.



Also MR. SPEAKER:

     I have the honor to transmit herewith SCR 10 and 11 which have been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

     I have the honor to return herewith HCR 1017 in which the Senate has concurred.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Tidemann moved that the House do concur in Senate amendments to HB 1070.

     The question being on Rep. Tidemann's motion that the House do concur in Senate amendments to HB 1070.

     And the roll being called:

     Yeas 56, Nays 11, Excused 3, Absent 0

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

     Nays:
Fargen; Feickert; Feinstein; Frerichs; Greenfield; Iron Cloud III; Kirschman; Russell; Sorenson; Thompson; Vanderlinde

     Excused:
Dreyer; Gibson; Nygaard

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

     Rep. Cutler moved that the House do not concur in Senate amendments to HB 1153 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. Cutler, Lust, and Kirschman.

     Rep. Gosch moved that the House do concur in Senate amendments to HB 1176.

     The question being on Rep. Gosch's motion that the House do concur in Senate amendments to HB 1176.

     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; 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); 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:
Gibson; Nygaard

     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. Sly moved that the consideration of Senate amendments to HB 1241 be deferred to Thursday, March 12th, the 38th legislative day.

     Which motion prevailed.

     Rep. Hamiel moved that the House do concur in Senate amendments to HB 1260.

     The question being on Rep. Hamiel's motion that the House do concur in Senate amendments to HB 1260.

     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; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink; Speaker Rave

     Nays:
Feinstein; Juhnke; Rounds; Vanneman; Wismer

     Excused:
Nygaard

     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 10: A CONCURRENT RESOLUTION,  Supporting legislative efforts in other states addressing the need to provide for equine slaughter and processing in the United States.

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

     SCR 11: A CONCURRENT RESOLUTION, Urging the Environmental Protection Agency to authorize the use of higher blends of ethanol in non-flex fuel vehicles.

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Rep. Carson moved that the report of the Conference Committee on HB 1239 as found on page 736 of the House Journal be adopted.

     The question being on Rep. Carson's motion that the report of the Conference Committee on HB 1239 be adopted.

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0


     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; 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); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

     Nays:
Deadrick; Rausch; Tidemann; Vanneman

     Excused:
Nygaard

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

     Rep. Faehn moved that the House do now recess until 1:30 p.m., which motion prevailed and at 11:29 a.m., the House recessed.

RECESS

     The House reconvened at 1:30 p.m., the Speaker presiding.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The House proceeded to the reconsideration of HB 1197 pursuant to the veto of the Governor and the veto message found on pages 734 to 736 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall HB 1197 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 60, Nays 10, Excused 0, Absent 0


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

     Nays:
Deadrick; Faehn; Hunt; Juhnke; Rausch; Rounds; Russell; Van Gerpen; Vanneman; Wismer

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed, the veto of the Governor notwithstanding.

REPORTS OF CONFERENCE COMMITTEES

Cc115

MR. SPEAKER

     The Conference Committee respectfully reports that it has considered SB 115 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 115 be amended as follows:

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

     "      Section 1. That § 11-2-28 be amended to read as follows:

     11-2-28.   The plan, ordinances, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed by action of the board. Any such modification or repeal shall be proposed in a resolution or ordinance, as appropriate, presented to the board for adoption in the same manner and upon the same notice as required for the adoption of the original resolution or ordinance. The amendment, supplement, change, modification, or repeal may be requested through a petition by thirty twenty percent of the landowners in the zoning district or districts requesting change. For purposes of this section, the term, landowner, means any person who owns land in the county as evidenced by records in the offices of the register of deeds and clerk of courts. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county, both the landowner and the individual purchaser of the land, as named in the contract, are treated as landowners. Any charitable, benevolent, or religious society that owns any agricultural land in the county is not a landowner for purposes of this section if the agricultural land is exempt from taxation pursuant to § 10-4-10, but any such society is a landowner for purposes of this section for any of its real property in the county that is not exempt from taxation pursuant to § 10-4-10. "


Respectfully submitted,    Respectfully submitted,
Val Rausch    Russell Olson
House Committee Chair    Senate Committee Chair

MOTIONS AND RESOLUTIONS

     Rep. Tidemann moved that the House do concur in Senate amendments to HB 1038.

     The question being on Rep. Tidemann's motion that the House do concur in Senate amendments to HB 1038.

     And the roll being called:

     Yeas 45, Nays 25, Excused 0, Absent 0

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

     Nays:
Blake; Burg; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Iron Cloud III; Killer; Kirschman; Kopp; Lucas; Nygaard; Olson (Betty); Russell; Schrempp; Solberg; Street; Thompson; Vanderlinde; Verchio; Wismer

     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. Rounds moved that the House do concur in Senate amendments to HB 1060.

     The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1060.

     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; Dreyer; Elliott; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; 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:
Engels; Iron Cloud III

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

     Rep. Turbiville moved that the House do concur in Senate amendments to HB 1072.

     Rep. Faehn moved the previous question.

     Which motion prevailed.

     The question being on Rep. Turbiville's motion that the House do concur in Senate amendments to HB 1072.

     And the roll being called:

     Yeas 57, Nays 13, Excused 0, Absent 0

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

     Nays:
Brunner; Engels; Gosch; Greenfield; Hunt; Jensen; Noem; Olson (Betty); Rausch; Russell; Vanneman; Verchio; Speaker Rave

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


     Rep. Cutler moved that the House do not concur in Senate amendments to HB 1079 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. Cutler, Turbiville, and Gibson.

     Rep. Van Gerpen moved that the House do concur in Senate amendments to HB 1163.

     The question being on Rep. Van Gerpen's motion that the House do concur in Senate amendments to HB 1163.

     And the roll being called:

     Yeas 64, Nays 5, 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; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; McLaughlin; Moser; Noem; 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:
Cronin; Lucas; Lust; Novstrup (David); Peters

     Excused:
Juhnke

     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. Lust moved that the House do concur in Senate amendments to HB 1183.

     The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1183.

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent 0


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

     Nays:
Cutler; Deadrick; Greenfield; Jensen; Kopp; Lucas; Olson (Betty); Peters; Pitts; Russell; Verchio

     Excused:
Juhnke

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

     Rep. Tidemann moved that the House do not concur in Senate amendments to HB 1237 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. Putnam, Tidemann, and Burg.

     Rep. Boomgarden moved that the House do concur in Senate amendments to HB 1280.

     The question being on Rep. Boomgarden's motion that the House do concur in Senate amendments to HB 1280.

     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; 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:
Juhnke

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

     Rep. Kirkeby moved that the House do not concur in Senate amendments to HB 1281 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.

     Rep. Dennert moved as a substitute motion that the House do not concur in Senate amendments to HB 1281 and that no committee be appointed.

     The question being on Rep. Dennert's substitute motion that the House do not concur in Senate amendments to HB 1281 and that no committee be appointed.

     And the roll being called:

     Yeas 13, Nays 56, Excused 1, Absent 0

     Yeas:
Curd; Cutler; Dennert; Elliott; Feickert; Feinstein; Iron Cloud III; Kirschman; Novstrup (David); Nygaard; Rounds; Russell; Thompson

     Nays:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Deadrick; Dreyer; Engels; Faehn; Fargen; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Jensen; Killer; Kirkeby; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave

     Excused:
Juhnke

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

     Rep. Kirkeby's motion prevailed and the Speaker appointed as such committee Reps. Kirkeby, Verchio, and Frerichs.


     HCR 1020  Introduced by:  Representatives Russell, Greenfield, Noem, and Rounds and Senator Maher

         A CONCURRENT RESOLUTION,  Opposing federal control of state water rights through unnecessary expansion of the federal Clean Water Act.

     WHEREAS,  over the past thirty-five years, the federal Clean Water Act (CWA), supported by other federal, state, and local laws, has governed our nation's waters and has helped ensure that American enjoy some of the cleanest rivers and lakes in the world; and

     WHEREAS,  the Clean Water Act has struck a proper balance between protecting our clean water and maintaining state, local, and federal regulatory authority and responsibilities; and

     WHEREAS,  states and local governments exercise abundant care over the water and land use decisions that are within state and local government jurisdiction; and

     WHEREAS,  proposed congressional legislation, "The Clean Water Restoration Act" is intended to make extreme changes to the Clean Water Act that threaten to destroy the careful intergovernmental balance that has been the hallmark of the law during its long history; and

     WHEREAS,  this legislation would give the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) authority over "all interstate and intrastate waters and their tributaries," including nonnavigable waters, thereby granting to Congress authority far beyond the original scope of the Clean Water Act. This would dramatically expand the reach of the federal bureaucracy and would fundamentally erode the ability of state and local governments to manage their own water resources; and

     WHEREAS,  the legislation would also grant EPA and the Corps the authority to regulate "activities affecting" these newly defined waters, whether public or private activities, regardless of whether the activity is occurring in, or may impact, water at all. This could results in nearly limitless federal permitting requirements which intrude upon or preempt local government land use decisions; and

     WHEREAS,  a recent nation-wide poll shows that sixty-three percent of Americans surveyed oppose the proposed extreme changes to the Clean Water Act. Of that sixty-three percent, forty- seven percent "strongly oppose" any change in the CWA that would give the federal government veto power over state and local governments when it comes to local land and water use decisions:

     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 Legislature expresses its strong opposition to any federal legislation that would expand the reach and scope of the Clean Water Act. We call on Congress to preserve the traditional power of states over land and water use decisions and to avoid unnecessary expansions of the regulatory reach of the CWA.

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



     Rep. Faehn moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, March 12th, the 38th legislative day.

     Which motion prevailed.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 72 and has appointed Sens. Gray, Jean Hunhoff, 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.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 80 and has appointed Sens. Tom Hansen, Rhoden, and Peterson 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 the Senate has failed to concur in House amendments to SB 117 and 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.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 153 and has appointed Sens. Dempster, Adelstein, and Jerstad 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 the Senate has appointed Sens. Rhoden, Abdallah, and Gillespie 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 1153.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1081, 1177, 1212, 1233, and 1275 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., March 11, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1240, 1252, and 1301 were delivered to his Excellency, the Governor, for his approval at 11:00 a.m., March 11, 2009.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1070, 1176, 1207, 1215, 1246, 1260, and 1271 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1070: FOR AN ACT ENTITLED, An Act to  revise certain fees pertaining to seed permits and nursery certificates of inspection.

     HB 1176: FOR AN ACT ENTITLED, An Act to  revise the earnings requirement for the purpose of receiving unemployment insurance benefits.



     HB 1207: FOR AN ACT ENTITLED, An Act to  provide for the reduction of certain sentences upon provision of substantial assistance from the recipient.

     HB 1215: FOR AN ACT ENTITLED, An Act to  transfer funds from the tax relief fund to the general fund and to revise certain provisions concerning the effective date of the collection allowance.

     HB 1246: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to service of garnishee summons, affidavit, and garnishment disclosure.

     HB 1260: FOR AN ACT ENTITLED, An Act to  require that a request for proposals be issued for certain state contracts for professional services.

     HB 1271: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Building Authority and the Department of Corrections to provide for the purchase, design, construction, and equipping of a combined minimum security/parole facility in Rapid City for the Department of Corrections.

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

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

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

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

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

     SB 100: FOR AN ACT ENTITLED, An Act to  revise the method of sale of certain tobacco products.

     SB 105: FOR AN ACT ENTITLED, An Act to  require the State Brand Board to provide certain reports and information and to provide for Senate confirmation for Brand Board members.

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

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

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



     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.

     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.

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

     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.

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

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

     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.

     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.

     SB 202: FOR AN ACT ENTITLED, An Act to  require the Bureau of Administration to prepare a report regarding the energy efficiency of state agencies.

     And signed the same in the presence of the House.

COMMEMORATIONS

     HC 1039  Introduced by:  Representatives Engels, Blake, Bolin, Dennert, Elliott, Fargen, Feickert, Frerichs, Hoffman, Iron Cloud III, Killer, Krebs, Lucas, Noem, Nygaard, Rave, Schlekeway, Schrempp, Solberg, Sorenson, Thompson, and Vanderlinde and Senator Ahlers

         A LEGISLATIVE COMMEMORATION,  Honoring Tyler Sorenson of South Dakota State University for qualifying for the Division I NCAA National Wrestling Tournament in St. Louis, March 19-21, 2009.

     WHEREAS,  After missing the first half of the season due to injury, Tyler Sorenson has earned an outstanding record of 14-2 at the Division I level this year; and

     WHEREAS,  Tyler Sorenson, wrestling at 197 pounds, has been ranked nationally for most of the season and most recently ranked fourteenth; and

     WHEREAS,  Tyler Sorenson was able to win second place at the Western Regional by defeating Alfonso Hernandez of Wyoming. Winning that match by a score of 8-1, Tyler punched his ticket to the National Tournament:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Tyler Sorenson, along with his team and coaches, be congratulated and wished the best at the Division I National Wrestling Tournament.

     HC 1040  Introduced by:  Representatives Tidemann, 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, Rave, Romkema, Rounds, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Merchant, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle

         A LEGISLATIVE COMMEMORATION,  Recognizing the South Dakota State University Women's Basketball Team on its outstanding athletic and academic achievements.

     WHEREAS,  the Jackrabbits are now ranked number seventeen in the Associated Press poll; and

     WHEREAS,  on Monday, March 9, 2009, the South Dakota State University Women's Basketball Team took a fierce victory over the Indiana University-Purdue University Indianapolis Jaguars 68-53, placing the Jacks in the Summit League Championship; and

     WHEREAS,  Monday night's win marked the team's one hundredth victory against a Division I opponent since its inception to Division I in the 2004-2005 season, improving its record to 35-3 in the Summit League regular season and postseason games; and

     WHEREAS,  the South Dakota State University Women's Basketball Team has made history by clinching the conference title by winning the Summit League Championship game Tuesday afternoon over Oakland, with a score of 79-69. The victory means the Jacks will play in the NCAA Women's Basketball Division I tournament for the first time ever; and

     WHEREAS,  the women athletes, who are also students, have had the highest team GPAs in the nation for the past two years in Division I athletics:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the South Dakota State University Women's Basketball Team is recognized for its outstanding athletic and academic achievements.

     Rep. Faehn moved that the House do now recess until 3:15 p.m., which motion prevailed and at 2:45 p.m., the House recessed.

RECESS

     The House reconvened at 3:15 p.m., the Speaker presiding.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1239.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Vehle, Russell Olson, 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 on HB 1281.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Vehle, Tieszen, and Turbak Berry 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 1079.

Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has appointed Sens. Haverly, Jean Hunhoff, and Bartling 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 1237.


Also MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 106 and has appointed Sens. Garnos, Gray, and Maher 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.

Respectfully,
Trudy Evenstad, Secretary

ANNOUNCEMENTS

     The Speaker appointed Reps. Rave, Curd, and Bernie Hunhoff 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 72.

     The Speaker appointed Reps. Faehn, Noem, and Fargen 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 80.

     The Speaker appointed Reps. Cutler, Dreyer, and Nygaard 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 153.

     The Speaker appointed Reps. Tidemann, Putnam, and Burg 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 117.

     Rep. Rausch moved that the House do now adjourn, which motion prevailed and at 3:23 p.m. the House adjourned.

Karen Gerdes, Chief Clerk