House of Representatives Journal 3/3/2010 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 3, 2010

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

The prayer was offered by the Chaplain, Pastor Jenny Hallenbeck, followed by the Pledge of Allegiance led by House pages Megan Pushor and Kelsey Warner.

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 thirtieth 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 3, 2010

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

Dear Speaker Rave and Members of the House:

I herewith return House Bill 1137 and VETO the same.

House Bill 1137 is entitled, "An Act to permit the secretary of state to cancel a trademark or service mark registration under certain conditions."

House Bill 1137 extends to the Secretary of State the ability to cancel a trademark or service mark registration. Currently, the power to cancel a trademark or service mark registration is limited to our circuit courts under the provisions of SDCL 37-6-19, 37-6-20 or 37-6-21. According to the sponsors, the bill is intended to allow the Secretary of State to cancel a trademark or service mark registration, which was erroneously granted by that office, without the necessity of incurring court litigation. While the legislation is well intentioned, it needs improvement to accomplish that goal.

First, the bill does not specify or require any type of due process prior to the cancellation of the trademark or service mark. While the Secretary of State testified that he would conduct a hearing prior to such a cancellation, none is required under the bill nor guaranteed under a future Secretary of State. Thus, while the bill is intended to eliminate the need for court litigation, the only remedy for a registrant who has had their trademark or service mark cancelled is to file an action in circuit court. In addition, because the bill does not specify an appeal process under the Administrative Procedures Act, Chapter 1-26, any litigation would necessarily be conducted de novo as opposed to an abuse of discretion standard. This would require a full evidentiary hearing in order to resolve the litigation.

Finally, I believe the 1-year window in which the Secretary of State may cancel a service mark or trademark to be too lengthy. It would be unfair to allow any person or business to incur substantial expense and effort promoting a service or trademark only to have it revoked almost a year later.

Again, while I believe the bill is well intended, the bill needs improvement to accomplish the goals of the sponsors.

Therefore, I respectfully request that you concur with my action. If the legislature sustains my veto, I will work with the sponsors to accomplish its goals.

Respectfully submitted,
M. Michael Rounds,
Governor

cc: The Honorable Dennis Daugaard
The Honorable Chris Nelson

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 18 and 20 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 15, of the Senate State Affairs Committee engrossed bill, delete "House" and insert "Congress".

On page 2, line 16, delete "of Representatives or the United States Senate".

On page 2, line 17, after "." insert "Once the United States Congress has acted, the State Investment Council may initiate the shareholder activism policy on its own accord, or shall do so at the direction of the Legislature by resolution.".

And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 88 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 105 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

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

Respectfully submitted,
Ed McLaughlin, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 58 and 134 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 102 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the Senate engrossed bill, delete "ratified" and insert "modified".

On page 1, after line 11, insert:

" Section 3. The Black Hills Playhouse, Inc., shall expend no less than five percent of its annual operating budget each year for the maintenance and repair of the buildings occupied by the Black Hills Playhouse, Inc. The amount shall be spent according to a plan submitted by the Black Hills Playhouse, Inc., and approved by the Department of Game, Fish and Parks. The Black Hills Playhouse, Inc., shall share in the cost of replacing infrastructure necessary to operate the facility. Any negotiations between the Department of Game, Fish and Parks and the Black Hills Playhouse, Inc., regarding the maintenance and repair plan or the cost share for replacing infrastructure shall be conducted in good faith.".

And that as so amended said bill do pass.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 42 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 12 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 8 of the Senate Judiciary Committee engrossed bill, after ";" insert "or".

On page 2, delete lines 9 to 11, inclusive, and insert:

" (d) An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in (a) or, (b), or (c);".

On page 5, after line 24, insert:

" Section 9. That § 22-24B-1 be amended to read as follows:

22-24B-1. For the purposes of §§ 22-24B-2 to 22-24B-14, inclusive, a sex crime is any of the following crimes regardless of the date of the commission of the offense or the date of conviction:

(1) Rape as set forth in § 22-22-1;

(2) Felony sexual contact with a minor under sixteen as set forth in § 22-22-7 if committed by an adult;

(3) Sexual contact with a person incapable of consenting as set forth in § 22-22-7.2;

(4) Incest if committed by an adult;

(5) Possessing, manufacturing, or distributing child pornography as set forth in § 22-24A-3;

(6) Sale of child pornography as set forth in § 22-24A-1;

(7) Sexual exploitation of a minor as set forth in § 22-22-24.3;

(8) Kidnapping, as set forth in § 22-19-1, if the victim of the criminal act is a minor;

(9) Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);

(10) Criminal pedophilia as previously set forth in § 22-22-30.1;

(11) Felony indecent exposure as previously set forth in former § 22-24-1 or felony indecent exposure as set forth in § 22-24-1.2;

(12) Solicitation of a minor as set forth in § 22-24A-5;

(13) Felony indecent exposure as set forth in § 22-24-1.3;

(14) Bestiality as set forth in § 22-22-42;

(15) An attempt to commit any of the crimes listed in this section;

(16) Any crime committed in a place other than this state which would constitute a sex crime under this section if committed in this state;

(17) Any federal crime or court martial offense that would constitute a sex crime under federal law;

(18) Any crime committed in another state if that state also requires that anyone convicted of that crime register as a sex offender in that state; or

(19) If the victim is a minor:

(a) Any sexual acts between a jail employee and a detainee as set forth in § 22-22-7.6;

(b) Any sexual contact by a psychotherapist as set forth in § 22-22-28; or

(20) Intentional exposure to HIV infection as set forth in subdivision (1) of § 22-18-31. ".

On page 5, after line 24 of the Senate Judiciary Committee engrossed bill, insert:

" Section 8. That § 22-24B-2 be amended to read as follows:

22-24B-2. Any person who has been convicted for commission of a sex crime, as defined in § 22-24B-1, shall register as a sex offender. The term, convicted, includes a verdict or plea of guilty, a plea of nolo contendere, and a suspended imposition of sentence which has not been discharged pursuant to § 23A-27-14 prior to July 1, 1995. Any juvenile ~~fifteen~~ fourteen years or older shall register as a sex offender if that juvenile has been adjudicated of ~~a sex crime~~ rape as defined in ~~§ 22-22-7.2,~~ subdivision 22-24B-1(1), ~~or 22-24B-1(9),~~ or of an out-of-state or federal offense that is comparable to the elements of these ~~three sex~~ crimes of rape or any crime committed in another state if the state also requires a juvenile adjudicated of that crime to register as a sex offender in that state. The term, adjudicated, includes a court's finding of delinquency, an admission, and a suspended adjudication of delinquency which has not been discharged pursuant to § 26-8C-4 prior to July 1, 2009. The sex offender shall register within five days of coming into any county to reside, temporarily domicile, attend school, attend postsecondary education classes, or work. Registration shall be with the chief of police of the municipality in which the sex offender resides, temporarily domiciles, attends school, attends postsecondary education classes, or works, or, if no chief of police exists, then with the sheriff of the county. If the sex offender is not otherwise registered in the state, the sex offender shall register within five days of coming into any county when the sex offender applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to vote. A violation of this section is a Class 6 felony. Any person whose sentence is discharged under § 23A-27-14 after July 1, 1995, shall forward a certified copy of such formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the person is then registered under this section. Upon receipt of such notice, the person shall be

removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section. Any juvenile whose suspended adjudication is discharged under § 26-8C-4 after July 1, 2009, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the juvenile is then registered under this section. Upon receipt of the notice, the juvenile shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section. ".

On page 3, line 17 of the Senate Judiciary Committee engrossed bill, after ";" insert "or

(d) Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape under subdivision 22-22-1(5), but only if the petitioner was twenty-two years of age but not more than twenty-five years of age at the time the offense was committed or attempted; or

(e) Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and sixteen and the petitioner was at least three years older than the victim, but only if the petitioner was twenty-two years of age but not more than twenty-five years of age at the time the offense was committed;".

And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 32, 35, 108, and 169 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 81 and 168 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1025, 1026, 1027, 1048, 1052, 1056, 1061, 1095, 1192, and 1263 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1001, 1002, 1051, 1104, and 1118 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Krebs moved that the House do concur in Senate amendments to HB 1042.

The question being on Rep. Krebs' motion that the House do concur in Senate amendments to HB 1042.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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 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.

Yesterday, Rep. Dennert announced his intention to reconsider the vote by which SB 121 lost.

Rep. Dennert moved that the House do now reconsider the vote by which SB 121 lost.

The question being on Rep. Dennert's motion to reconsider the vote by which SB 121 lost.

And the roll being called:

Yeas 42, Nays 27, Excused 1, Absent 0

Yeas:
Blake; Burg; Conzet; Curd; Cutler; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; Moser; Novstrup (David); Nygaard; Olson (Ryan); Pitts; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Vanderlinde; Wismer; Speaker Rave

Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Deadrick; Faehn; Greenfield; Hamiel; Hunt; Jensen; Juhnke; McLaughlin; Noem; Olson (Betty); Peters; Putnam; Rausch; Rounds; Russell; Solum; Tidemann; Turbiville; Van Gerpen; 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 121 was up for reconsideration and final passage.

SB 121: FOR AN ACT ENTITLED, An Act to require the Department of Education to promote certain programs for children who are deaf and hard-of-hearing.

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

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall SB 121 pass as amended?"

And the roll being called:

Yeas 40, Nays 29, Excused 1, Absent 0

Yeas:
Blake; Burg; Conzet; Curd; Cutler; Dennert; Elliott; Engels; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hoffman; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Noem; Nygaard; Olson (Ryan); Pitts; Romkema; Schlekeway; Schrempp; Sly; Solberg; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Cronin; Deadrick; Faehn; Greenfield; Hamiel; Hunt; Jensen; Juhnke; Lust; McLaughlin; Moser; Novstrup (David); Olson (Betty); Peters; Putnam; Rausch; Rounds; Russell; Solum; Tidemann; 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.

Yesterday, Rep. Krebs announced her intention to reconsider the vote by which SB 62 lost.

Rep. Krebs moved that the House do now reconsider the vote by which SB 62 lost.

The question being on Rep. Krebs' motion to reconsider the vote by which SB 62 lost.

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Blake; Bolin; Brunner; Burg; Curd; Cutler; Dennert; Elliott; Engels; Feinstein; Gibson; Greenfield; Hoffman; Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirschman; Kopp; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Novstrup (David); Nygaard; Olson (Ryan); Pitts; Putnam; Rausch; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wismer; Speaker Rave

Nays:
Boomgarden; Carson; Conzet; Cronin; Deadrick; Faehn; Fargen; Feickert; Frerichs; Gosch; Hamiel; Hunhoff (Bernie); Kirkeby; Noem; Olson (Betty); Peters; Romkema; Russell; 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 62 was up for reconsideration and final passage.

SB 62: FOR AN ACT ENTITLED, An Act to revise the notice requirements for closure of a highway and to provide a civil penalty for failure to comply with a closure.

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

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall SB 62 pass as amended?"

And the roll being called:

Yeas 39, Nays 30, Excused 1, Absent 0

Yeas:
Blake; Bolin; Burg; Carson; Cutler; Dennert; Elliott; Gibson; Greenfield; Hoffman; Hunt; Iron Cloud III; Juhnke; Killer; Kirschman; Krebs; Lange; Lucas; Lust; McLaughlin; Noem; Novstrup (David); Olson (Ryan); Putnam; Rausch; Rounds; Schlekeway; Schrempp; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanneman; Wismer

Nays:
Boomgarden; Brunner; Conzet; Cronin; Curd; Deadrick; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gosch; Hamiel; Hunhoff (Bernie); Jensen; Kirkeby; Kopp; Moser; Nygaard; Olson (Betty); Peters; Pitts; Romkema; Russell; Sly; Vanderlinde; 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.

Rep. Krebs moved that the Committee on Education be instructed to deliver SB 191 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

HCR 1012 Introduced by: Representatives Hunhoff (Bernie), Blake, Dennert, Engels, Faehn, Gosch, Iron Cloud III, Kirschman, Krebs, Lange, Lucas, Noem, Solum, Sorenson, Street, Tidemann, and Van Gerpen and Senators Heidepriem, Abdallah, Ahlers, Bartling, Bradford, Dempster, Gray, Hunhoff (Jean), Jerstad, Kloucek, and Merchant

A CONCURRENT RESOLUTION, Directing the South Dakota State Investment Council to apply its Social Activism Policy to address the ongoing genocide and other atrocities being committed in Sudan.

WHEREAS, the federal government has imposed sanctions against the government of Sudan since 1997; and

WHEREAS, on July 23, 2004, and again on September 25, 2006, the United States Congress declared and reaffirmed that "the atrocities unfolding in Darfur, Sudan, are genocide"; and

WHEREAS, the United States Congress noted that the genocide in Darfur has lead to the "systematic rape of thousands of women and girls, the abduction of women and children, and the destruction of hundreds of ethnically African villages, including the poisoning of their wells and the plunder of their crops and cattle upon which the people of such villages sustain themselves"; and

WHEREAS, over 500,000 people have died and more than 2.5 million people have been displaced from their homes by the Sudanese regime since 2003; and

WHEREAS, the Darfur crisis represents the first time the United States government has labeled the actions of another country as genocide; and

WHEREAS, since 1993 the United States Secretary of State has determined that the government of Sudan has repeatedly provided support for acts of international terrorism:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature directs the State Investment Council to fight the atrocities in Sudan by activating its Social Activism Policy which provides a means of engagement and potential divestment from companies identified by the United States Congress as supporters of the Sudanese government.

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

HCR 1013 Introduced by: Representatives Lederman, Bolin, Faehn, Hunhoff (Bernie), McLaughlin, Noem, and Schlekeway and Senators Gillespie and Hundstad

A CONCURRENT RESOLUTION, Supporting comprehensive anti-bullying programs and policies in schools, and the creation of an atmosphere of zero tolerance for bullying behavior in any place where children congregate.

WHEREAS, bullying consists of both direct behaviors such as teasing, taunting, threatening, hitting, or stealing; and indirect behaviors such as spreading rumors, using technology, or subtle attempts to cause social isolation against a target; and

WHEREAS, bullying has gone on too long, often with parents or teachers who are unaware of the problem or who fail to address it, and with children who fear that adult intervention will only bring more harassment from bullies; and

WHEREAS, bullying other children or being the target of bullying behavior puts children at risk for becoming violent adults engaging in domestic violence and child abuse; and those who stand by watching or even encouraging bullying are also affected by these hostile acts and may become desensitized to cruelty or fearful for their own safety:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature supports efforts by schools, school personnel, parents, and children to address and eliminate bullying, and to create a safe atmosphere where all children can coexist and learn without fear.

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

SCR 4: A CONCURRENT RESOLUTION, Opposing certain federal legislation related to equine slaughter and processing and urging the reinstatement and funding of federal inspection programs governing equine slaughter and processing facilities.

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 1:00 p.m. on Thursday, March 4^th, the 32^nd legislative day.

Which motion prevailed.

Speaker Pro tempore Rausch now presiding.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on SB 67 as found on page 646 of the House Journal; also

Taxation on SB 78 as found on page 646 of the House Journal; also

Taxation on SB 192 as found on page 647 of the House Journal be adopted.

Which motion prevailed.

No motion having been made for the disposition of SB 92, pursuant to Joint Rule 6F-6, the bill was declared lost.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Faehn moved that SB 89 be placed to precede SB 50 on today's calendar.

Which motion prevailed.

SB 89: FOR AN ACT ENTITLED, An Act to exempt from federal regulation any firearm, firearm accessory, or ammunition manufactured and retained in South Dakota.

Was read the second time.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall SB 89 pass?"

And the roll being called:

Yeas 49, Nays 19, Excused 2, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; Faehn; Fargen; Frerichs; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Krebs; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Tidemann; Turbiville; Van Gerpen; Vanneman; Verchio; Wink; Speaker Rave

Nays:
Blake; Burg; Elliott; Engels; Feickert; Feinstein; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Lange; Lucas; Nygaard; Schrempp; Solberg; Street; Thompson; Vanderlinde; Wismer

Excused:
Gibson; 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 50: FOR AN ACT ENTITLED, An Act to authorize allocation and reallocation of volume, issuance authority, and other benefits in order to facilitate the issuance of bonds and compliance with certain federal requirements and to declare an emergency.

Was read the second time.

The question being "Shall SB 50 pass?"

And the roll being called:

Yeas 66, Nays 2, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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; Novstrup (David); Nygaard; 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:
Olson (Betty); Vanderlinde

Excused:
Lederman; Noem

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 64: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to authorize the construction and establish the state cost share for the Southern Black Hills Water System, and to declare an emergency.

Was read the second time.

Rep. Faehn moved that SB 64 be placed to follow SB 115 on today's calendar.

Which motion prevailed.

SB 122: FOR AN ACT ENTITLED, An Act to repeal certain procedures required when actual state revenues fall below legislatively adopted estimates.

Was read the second time.

The question being "Shall SB 122 pass?"

And the roll being called:

Yeas 61, Nays 7, Excused 2, Absent 0

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

Nays:
Deadrick; Gosch; Juhnke; Rounds; Russell; Tidemann; Vanneman

Excused:
Lederman; Noem

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 7: FOR AN ACT ENTITLED, An Act to permit certain sex offenders who are homeless or on parole to reside in certain halfway homes or homeless shelters within community safety zones.

Was read the second time.

The question being "Shall SB 7 pass?"

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Wink; Wismer; Speaker Rave

Nays:
Rounds; Russell; Verchio

Excused:
Lederman; Noem

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 8: FOR AN ACT ENTITLED, An Act to establish the application of certain statutes relating to the sex offender registry with regard to out-of-state offenders residing in the state of South Dakota.

Was read the second time.

The question being "Shall SB 8 pass?"

And the roll being called:

Yeas 61, Nays 7, Excused 2, Absent 0

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

Nays:
Brunner; Deadrick; Hunt; McLaughlin; Rounds; Russell; Van Gerpen

Excused:
Lederman; Noem

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 11: FOR AN ACT ENTITLED, An Act to define solicitation of or conspiracy to commit certain crimes as registerable sex offenses.

Was read the second time.

The question being "Shall SB 11 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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; 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; Noem

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

SB 132: FOR AN ACT ENTITLED, An Act to permit the utilization of certain DNA samples to determine parentage under certain conditions.

Was read the second time.

The question being "Shall SB 132 pass as amended?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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; Novstrup (David); Nygaard; Olson (Betty); 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:
Olson (Ryan)

Excused:
Lederman; Noem

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 4: FOR AN ACT ENTITLED, An Act to revise certain rule-making authority regarding the sale of certain alcoholic beverage container sizes to on-sale licensees.

Was read the second time.

The question being "Shall SB 4 pass?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

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

Nays:
Feickert; Iron Cloud III; Steele; Van Gerpen

Excused:
Kopp; Lederman; Noem

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 136: FOR AN ACT ENTITLED, An Act to allow municipalities to maintain the same number of on-sale alcoholic beverage licenses when certain on-sale alcoholic beverage licenses are not reissued.

Was read the second time.

The question being "Shall SB 136 pass as amended?"

And the roll being called:

Yeas 61, Nays 7, Excused 2, Absent 0

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

Nays:
Hunt; Iron Cloud III; Kopp; Nygaard; Steele; Van Gerpen; Verchio

Excused:
Lederman; Noem

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 186: FOR AN ACT ENTITLED, An Act to change the unemployment insurance wage base and contribution rates and to declare an emergency.

Was read the second time.

Rep. Rausch moved the previous question.

Which motion prevailed.

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

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler; Deadrick; Dennert; 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; 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; Noem

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

Rep. Faehn moved that SB 188, 141, 124, 2, 115, and 64 be deferred to Thursday, March 4^th, the 32^nd 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 concurred in House amendments to SB 56, 60, 145, and 183.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1011, 1059, 1128, 1149, 1171, and 1252 were delivered to his Excellency, the Governor, for his approval at 8:55 a.m., March 3, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1025, 1026, 1027, 1047, 1048, 1052, 1056, 1061, 1095, 1192, and 1263 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1025: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a motor pool building at South Dakota State University and to make an appropriation therefor.

HB 1026: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct phase II of the Electrical Engineering and Computer Science Building on the campus of South Dakota State University, to accept donations for such purpose, to acquire land incidental thereto, and to make appropriations therefor.

HB 1027: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a visitor center on the grounds of McCrory Gardens on the campus of South Dakota State University, to accept donations for such purpose, to make an appropriation therefor, and to declare an emergency.

HB 1047: FOR AN ACT ENTITLED, An Act to clarify certain powers of the state as conservator of a protected person.

HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a previous appropriation for National Guard armory construction.

HB 1052: FOR AN ACT ENTITLED, An Act to revise the definition of full-time equivalent to exclude students employed by public postsecondary institutions.

HB 1056: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

HB 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding organization and operation of the public entity pool for liability.

HB 1095: FOR AN ACT ENTITLED, An Act to permit local industrial development corporations to conduct bingo games and lotteries under certain conditions.

HB 1192: FOR AN ACT ENTITLED, An Act to establish an ethanol blender pump incentive grant program, to make an appropriation therefor, and to declare an emergency.

HB 1263: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the terms of wind easements and wind energy leases.

SB 16: FOR AN ACT ENTITLED, An Act to revise certain commercial driver licensing provisions and penalties.

SB 24: FOR AN ACT ENTITLED, An Act to establish standards for teaching, to require teacher evaluations, and to provide for the development of a model evaluation instrument.

SB 26: FOR AN ACT ENTITLED, An Act to make an additional appropriation to the Board of Regents to construct an addition to the Northern State University Joseph H. Barnett Center.

SB 27: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Human Services to provide for the design, construction, and equipping of a dietary services building addition at the Human Services Center.

SB 28: FOR AN ACT ENTITLED, An Act to provide relief from liability from a sales and use tax rate change in certain circumstances.

SB 29: FOR AN ACT ENTITLED, An Act to revise the exemption of direct mail postage and to define direct mail for certain tax purposes.

SB 31: FOR AN ACT ENTITLED, An Act to update certain provisions regarding the reimbursable expense exemption from the sales and service tax allowed licensed accountants.

SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to delinquent tax accounts.

SB 45: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system in Codington County.

SB 46: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

SB 47: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2010 state aid to special education appropriation to fiscal year 2011.

SB 48: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

SB 52: FOR AN ACT ENTITLED, An Act to revise fees for certain phytosanitary certificates and inspections.

SB 63: FOR AN ACT ENTITLED, An Act to provide for the establishment of a pilot charter school in South Dakota if the Department of Education receives a federal grant to fund it.

SB 118: FOR AN ACT ENTITLED, An Act to allow the register of deeds to electronically preserve certain documents.

SB 133: FOR AN ACT ENTITLED, An Act to revise certain procedures for handling complaints regarding open meeting requirements.

And signed the same in the presence of the House.

HC 1011 Introduced by: Representatives Deadrick, Carson, Hamiel, Juhnke, Putnam, and Vanneman and Senators Garnos, Bartling, Bradford, and Vehle

A LEGISLATIVE COMMEMORATION, Commending the 2008 and 2009 Platte-Geddes Black Panthers High School Cheerleaders for receiving the Spirit of Six award at the State A Boys' Basketball Tournament.

WHEREAS, the Platte-Geddes Black Panthers High School Boys' Basketball Cheerleading Squad under the leadership of head coach Marla Tegethoff won the Spirit of Six award in 2008 and again in 2009; and

WHEREAS, the Platte-Geddes Black Panthers High School Boys' Basketball Cheerleading Squad was exemplary in its unity and the accord of all its 2008 cheerleaders including Brooke Kemnitz, Kasya Marlo, Emily Nachtigal, and Rhona Nelson, and its 2009 cheerleaders including Tory Alberda, Brooke Kemnitz, Kasya Marlo, Deni Meyerink, and Rhona Nelson; and

WHEREAS, the Platte-Geddes Black Panthers High School Boys' Basketball Cheerleading Squad has been a model of consistency and excellence, having been Spirit of Six award recipients two consecutive years; and

WHEREAS, the Platte-Geddes Black Panthers High School Boys' Basketball Cheerleading Squad displayed sportsmanship and enthusiasm, as well as crowd control to win the Spirit of Six award at the State A Boys' Basketball Tournament in 2008 and 2009:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Platte-Geddes Black Panthers High School Boys' Basketball Cheerleading Squad and its coach be congratulated and commended for its outstanding performances at the 2008 and 2009 State A Boys' Basketball Tournaments.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 4:22 p.m. the House adjourned.

Karen Gerdes, Chief Clerk