2010 Session - House of Representatives Journals

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

RECOGNITION

Speaker Rave recognized Rep. Thomas J. Deadrick, District 21, who served as Speaker of the House of Representatives in 2007 and 2008. He spoke briefly and presided over the unveiling of his portrait.

COMMUNICATIONS AND PETITIONS

March 8, 2010

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 4, 2010, I approved House Bills 1011, 1059, 1074, 1089, 1128, 1149, 1171, 1179, 1189, and 1252, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 149 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 125 and 148 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 139, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

139oa

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

" Section 1. That § 37-6-18 be amended to read as follows:

37-6-18. The secretary of state shall cancel from the register any registration ~~concerning~~ for which the secretary of state ~~shall receive~~ has received a voluntary request for cancellation ~~thereof~~ from the registrant or the assignee of record. The secretary of state, upon notice to the registrant, may cancel from the register any registration that the secretary of state granted in the previous one hundred eighty days upon a finding that:

(1) That the registration was granted improperly or in error; or

(2) That the registration was obtained fraudulently.

If the registrant objects, a hearing shall be conducted pursuant to chapter 1-26. "."

139ob

On the previously adopted amendment (139oa), in Section 1, subdivision (1), delete "That the" and insert "The".

On the previously adopted amendment (139oa), in Section 1, subdivision (2), delete "That the" and insert "The".

139ota

On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete everything after "Act to" and insert "permit the secretary of state to cancel a trademark or service mark registration under certain conditions.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 187 and returns the same with the recommendation that said bill be amended as follows:

187oa

On page 1, line 4, of the printed bill, delete "The total amount" and insert "Fifty percent".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 195 and returns the same with the recommendation that said bill be amended as follows:

195fq

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

" Section 1. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The refund of taxes pursuant to §§ 10-45B-2 and 10-45B-2.1 pertains only to project costs incurred and paid after the effective date of this Act, up to and including thirty-six months from the construction date. No refund may be paid unless the person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.

Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any provision of chapter 10-45B or this Act, this section controls the amount of refunds payable under chapter 10-45B for any new agricultural processing facility or new business facility that has a construction date on or after July 1, 2010:

(1) For project cost incurred and paid from July 1, 2010, to December 31, 2012, inclusive, the amount of the refund shall be determined by applying the provisions of chapter 10-45B in effect on July 1, 2010, and prior to the repeal of chapter 10-45B on January 1, 2013; and

(2) For project costs incurred and paid before December 31, 2012, the amount of the refund shall be as follows:

(a) For project costs of less than ten million dollars, there shall be no refund; and

(b) For project costs of ten or more million dollars, there shall be a refund of fifty-five percent of the taxes paid.

Section 3. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

No claim for refund pursuant to this chapter may be considered by the department if the claim for refund is received twelve months after the thirty-six month time period of section 1 of this Act. Moreover, any such claim is barred from any future refund eligibility.

Section 4. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

No document or record in support of any claim for refund may be considered by the department if the document or record in support of any claim for refund is received twelve months after the thirty-six month time period of section 1 of this Act. Moreover, any such document or record is barred from any future consideration.

However, if the department requests any additional document or record from the project owner after a review of the claim for refund, and the request is made after the applicable time period provided by this section has expired, the project owner has sixty days to provide the requested document or record. No document or record received after this sixty-day period may be considered by the department. Moreover, any such document or record is barred from any future consideration.

Section 5. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The provisions of chapter 10-45B in effect prior to the effective date of this Act apply to any project where the construction date was before the effective date of this Act.

Section 6. That § 10-45B-2 be amended to read as follows:

10-45B-2. ~~Any person~~ As provided in this chapter, any person holding a permit issued pursuant to § 10-45B-6 may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A for the construction of a new agricultural processing facility and for sales or use taxes imposed and paid by such person under the provisions of chapters 10-45 and 10-46 for the purchase or use of agricultural processing equipment.

Section 7. That § 10-45B-8 be amended to read as follows:

10-45B-8. Any person issued a permit pursuant to this chapter shall submit a claim for refund to the department no more frequently than on or before the last day of each month and no less frequently than on or before the last day of each month following each calendar quarter. The secretary shall determine and pay the amount of the tax refund within ninety days of receipt of the claim for refund. Ninety-five percent of the amount of refund shall be paid to the claimant in accordance with §§ 10-59-22 and 10-59-23, and five percent shall be withheld by the department. No interest may be paid on the refund amount. ~~If electronic funds transfer is available to the secretary, the secretary shall pay the refund by electronic funds transfer if requested by the claimant.~~ The secretary shall pay the refund by electronic funds transfer.

Section 8. That § 10-45B-9 be amended to read as follows:

10-45B-9. The amounts withheld by the department in accordance with § 10-45B-8 shall be retained until the project has been completed and the claimant has met all the conditions of ~~§ 10-45B-4 or 10-45B-4.1~~ section 1 of this Act, at which time all sums retained shall be paid to claimant.

Section 9. That § 10-45B-4 be repealed.

10-45B-4. The refund of taxes for a new agricultural processing facility pertains only to project costs incurred and paid after April 1, 1997, and within thirty-six months of the construction date as stated on the application required by § 10-45B-6. No refund may be made unless:

~~(1) The project cost exceeds the sum of four million five hundred thousand dollars; and~~

~~(2) The person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.~~

Section 10. That § 10-45B-4.1 be repealed.

10-45B-4.1. The refund of taxes pursuant to § 10-45B-2.1 pertains only to project costs incurred and paid after February 1, 2005, up to and including thirty-six months from the construction date if the project costs are sixty million dollars or less and after February 1, 2005, up to and including seventy-two months from the construction date if the project costs are more than sixty million dollars. There is no refund if the person applying for the refund does not obtain a permit from the secretary as set forth in § 10-45B-6.

~~Upon a showing of good cause, the time limits prescribed by this section may be extended by the secretary for a period not to exceed twenty-four months.~~

Section 11. That § 10-45B-5 be repealed.

10-45B-5. If the project cost for a new agricultural processing facility exceeds four million five hundred thousand dollars, the refund shall be one hundred percent of the taxes attributed to the project cost.

Section 12. That § 10-45B-5.1 be repealed.

~~10-45B-5.1. The amount of the tax refund for a new business facility shall be a percentage of the taxes paid, as follows:~~

            (1)    For project costs of less than ten million dollars, there shall be no refund;

            (2)    For project costs of ten or more million dollars but less than fifteen million dollars there shall be a refund of twenty-five percent of the taxes paid;

            (3)    For project costs of fifteen or more million dollars but less than twenty million dollars there shall be a refund of thirty-three percent of the taxes paid;

            (4)    For project costs of twenty or more million dollars but less than forty million dollars there shall be a refund of fifty percent of the taxes paid;

            (5)    For project costs of forty or more million dollars but less than sixty million dollars there shall be a refund of sixty-seven percent of the taxes paid;

            (6)    For project costs of sixty million dollars or more but less than six hundred million dollars there shall be a refund of seventy-five percent of the taxes paid; and

~~(7) For project costs of six hundred million dollars and greater there shall be a refund of ninety percent of the taxes paid.~~

Section 13. That § 10-45B-6.1 be repealed.

~~10-45B-6.1. Any person issued a permit pursuant to this chapter prior to March 31, 1997, may continue to submit claims for the project.~~

Section 14. That § 10-45B-8.1 be repealed.

~~10-45B-8.1. No claim for refund pursuant to this chapter may be considered by the department if the claim for refund is received after the following applicable time period:~~

(4) Twelve months after the extended time period of § 10-45B-4.1 for projects that have obtained a time limit extension from the secretary.

Moreover, any such claim is barred from any future refund eligibility.

Section 15. That § 10-45B-8.2 be repealed.

10-45B-8.2. No document or record in support of any claim for refund may be considered by the department if the documents or records in support of any claim for refund are received after the following applicable time period:

            (1)    Twelve months after the thirty-six month time period of § 10-45B-4;

            (2)    Twelve months after the thirty-six month time period of § 10-45B-4.1 for projects with project costs of sixty million dollars or less;

            (3)    Twelve months after the seventy-two month time period of § 10-45B-4.1 for projects with project costs of more than sixty million dollars; or

            (4)    Twelve months after the extended time period of § 10-45B-4.1 for projects that have obtained a time limit extension from the secretary.

Moreover, any such document or record is barred from any future consideration.

Section 16. That § 10-45B-8.3 be repealed.

~~10-45B-8.3. The provisions of §§ 10-45B-8.1 and 10-45B-8.2 apply to refunds for projects only if the permit was applied for after June 30, 2009.~~

Section 17. That chapter 10-45B be repealed on January 1, 2013."

195fte

On page 1, line 2, of the Senate engrossed bill, delete everything after "business facilities" and insert "and to sunset the refunds for new or expanded agricultural facilities and new or expanded business facilities.".

On page 1, delete lines 3 to 5, inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 76 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1072, 1091, 1130, and 1172 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1041 and 1109 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 5 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

Rep. Faehn moved that the House do concur in Senate amendments to HB 1016.

The question being on Rep. Faehn's motion that the House do concur in Senate amendments to HB 1016.

And the roll being called:

Yeas 56, Nays 2, Excused 12, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Cutler; Elliott; 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); Nygaard; Olson (Betty); Olson (Ryan); Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Vanderlinde; Verchio; Speaker Rave

Nays:
Engels; Gibson

Excused:
Burg; Carson; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Van Gerpen; Vanneman; Wink; 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 1018.

The question being on Rep. Rounds' motion that the House do concur in Senate amendments to HB 1018.

And the roll being called:

Yeas 52, Nays 6, Excused 12, Absent 0

Yeas:
Blake; Boomgarden; Brunner; Conzet; Cronin; Cutler; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Pitts; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Street; Thompson; Turbiville; Vanderlinde; Speaker Rave

Nays:
Bolin; Greenfield; Olson (Betty); Russell; Steele; Verchio

Excused:
Burg; Carson; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Van Gerpen; Vanneman; Wink; 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. Hunt moved that the House do concur in Senate amendments to HB 1248.

The question being on Rep. Hunt's motion that the House do concur in Senate amendments to HB 1248.

And the roll being called:

Yeas 58, Nays 0, Excused 12, Absent 0

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

Excused:
Burg; Carson; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Van Gerpen; Vanneman; Wink; 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.

HCR 1013: 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.

Rep. Lederman moved that HCR 1013 as found on pages 678 and 679 of the House Journal be adopted.

The question being on Rep. Lederman's motion that HCR 1013 be adopted.

And the roll being called:

Yeas 59, Nays 0, Excused 11, Absent 0

Excused:
Burg; Carson; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Vanneman; Wink; Wismer

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

HCR 1014 Introduced by: Representatives Brunner, Bolin, Carson, Cronin, Feickert, Greenfield, Hamiel, Hoffman, Hunt, Jensen, Juhnke, Kopp, Novstrup (David), Olson (Betty), Putnam, Rave, Rounds, Russell, Schlekeway, Sly, Van Gerpen, and Verchio and Senators Howie, Ahlers, Brown, Fryslie, Gant, Gray, Kloucek, Maher, Novstrup (Al), Olson (Russell), Peterson, and Rhoden

A CONCURRENT RESOLUTION, Urging the members of the United States Congress to propose the Parental Rights Amendment to the states for ratification.

WHEREAS, the right of parents to direct the upbringing and education of their children is a fundamental right protected by the Constitutions of the United States and the State of South Dakota, and our nation has historically relied first and foremost on parents to meet the real and constant needs of children; and

WHEREAS, the interests of children are best served when parents are free to make childrearing decisions about education, religion, and other areas of a child's life without state interference; and

WHEREAS, the United States Supreme Court, in Wisconsin v. Yoder (1972), held that the primary role of parents in the upbringing of their children is established beyond debate as an American tradition; and later, in Troxel v. Granville (2000), produced six different opinions on the nature and enforceability of parental rights under the United States Constitution that create confusion and ambiguity about the fundamental nature of parental rights in the laws of our nation and in the states; and

WHEREAS, United States Senator James DeMint of South Carolina and United States Representative Peter Hoekstra of Michigan have introduced in the United States Congress an amendment to the United States Constitution providing that the liberty of parents to direct the upbringing and education of their children is a fundamental right that may not be infringed upon by the Unites States or any state without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served; and

WHEREAS, this amendment will add explicit text to the Constitution of the United States to protect in perpetuity the rights of parents as they are now enjoyed without substantive change to current federal or state laws respecting these rights; and

WHEREAS, such enumeration of these rights in the text of the Constitution will preserve them from being infringed upon by the shifting ideologies and interpretations of the United States Supreme Court:

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 hereby affirms the Parental Rights Amendment to the United States Constitution as referenced herein and as presented to the United States Congress by Senator James DeMint and Representative Peter Hoekstra, and urges Congress to propose the Parental Rights Amendment to the states for ratification; and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the President of the United States, the Majority Leader and the Minority Leader of the United States Senate, the Speaker of the United States House of Representatives, and to each member of South Dakota's congressional delegation.

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

HCR 1015 Introduced by: Representatives Hunhoff (Bernie) and Fargen and Senator Heidepriem

A CONCURRENT RESOLUTION, Supporting the American Recovery and Reinvestment Act.

WHEREAS, according to the National Bureau of Economic Research, the United States economy went into recession in December of 2007; and

WHEREAS, in January of 2009, Governor Rounds predicted that the State of South Dakota would experience a budget shortfall of $51.2 million for the remainder of the fiscal year until July 1, 2009, and a shortfall in fiscal year 2010 of $81.6 million; and

WHEREAS, the American Recovery and Reinvestment Act (ARRA), was signed into law February 17, 2009; and

WHEREAS, the State of South Dakota used $78 million in ARRA funds to balance the state budget for the fiscal year ending June 30, 2009, and $101 million in ARRA funds to balance the state budget in fiscal year 2010, leaving $70 million for the state's budget in fiscal year 2011; and

WHEREAS, ARRA provided approximately $236 million for transportation infrastructure and clean water projects throughout the state, including highways and bridges that were identified as priorities by the South Dakota Department of Transportation; and

WHEREAS, ARRA provided more than $56 million for the Lewis and Clark Regional Water Project, a project crucial to southeastern South Dakota's economic development; and

WHEREAS, the state's second quarterly report to the federal government estimated that ARRA allocated $655 million to South Dakota, including $287 million for infrastructure improvement, $186 million for education, $134 million for public assistance programs, including unemployment assistance, $27 million for public safety, and $21 million for other state services; and

WHEREAS, ARRA provided a long-term extension of the wind energy production tax credit, a key element to sustained wind energy development in South Dakota; and

WHEREAS, ARRA contained one of the largest tax cuts in history, including a tax credit of up to $800 per family for 2009 and 2010; and

WHEREAS, Governor Rounds recognized the role that ARRA played in balancing the state's budget, lessening the impact of the recession on South Dakota families and businesses, and avoiding severe cuts to necessary services, saying, "We can eliminate a lot of the pain. We can make it as painless as possible to get through this recession in South Dakota.":

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 funds provided to the State of South Dakota through the American Recovery and Reinvestment Act of 2009 are important, useful, and beneficial investments for our people, economy, and infrastructure.

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

HCR 1016 Introduced by: Representatives Fargen, Faehn, and Hunhoff (Bernie) and Senators Knudson and Heidepriem

A CONCURRENT RESOLUTION, Opposing certain indirect land use change provisions that unfairly impact biofuels production in the United States.

WHEREAS, a controversial provision included in the Energy Independence and Security Act of 2007 without debate would assess a penalty against domestic biofuel producers. The theory, called Indirect Land Use Change (ILUC), assumes that growing grains for biofuel production displaces other crops, which are then grown in other parts of the world, leading to deforestation; and

WHEREAS, the ILUC theory is flawed, speculative, and withstands no credible scrutiny. Advocates of the ILUC theory argue that American biofuel producers should be penalized for the "indirect" release of stored carbon due to international market forces related to the production of ethanol - in this case, from deforestation in the Amazon. Essentially, these biofuels critics believe that American farmers and ethanol producers should be held accountable for the unrelated actions of foreign countries; and

WHEREAS, the implementation of ILUC would violate a bedrock principle of international environmental law: that the polluter pays. According to this long-standing principle, the party responsible for producing pollution is responsible for mitigating the damage done to the environment. This is a widely adopted principle by countries that belong to the Organization for Economic Co-Operation and Development, including the United States, and is part of Principle 16 of the Rio Declaration on Environment and Development; and

WHEREAS, applying the ILUC penalty to American farmers and biofuel producers would be punishment for actions they are not involved in nor have any control over; and

WHEREAS, according to the National Institute of Space Research, deforestation in the Amazon has declined sharply just as American biofuels production doubled. In 2004, 10,588 square miles of the Amazon were deforested, and in 2008, that number dropped to 4,621 square miles. Meanwhile, United States ethanol production has risen from approximately three billion gallons in 2004 to approximately nine billion gallons in 2008; and

WHEREAS, advances in biotechnology have allowed American farmers to produce more corn on fewer acres. The average corn yield per acre in 1980 was 91 bushels, in 2007 it was 152.8 bushels. These biotechnology advances will only continue, further eroding the credibility of the ILUC theory; and

WHEREAS, the ILUC theory gained notoriety in 2008 as a result of an article published by a lawyer with no scientific training or credentials. The article claimed ethanol production created more greenhouse gas emissions than gasoline due to "indirect land use changes." Academics and scientists criticized the methodology and findings as "highly speculative" and "seriously flawed", yet the article caught attention in the media. Among the largest criticisms of the article included a failure to adhere to internationally accepted methodologies for life-cycle analysis, a lack of accounting for the value of distillers dried grains, and outdated information that resulted in poor assumptions; and

WHEREAS, the United States House of Representatives included a provision in the American Clean Energy and Security Act of 2009 (H.R. 2454) that prevents the EPA from implementing the ILUC rule for six years while the National Academy of Sciences studies whether the theory can be corroborated by actual evidence:

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 United States Senate is urged to should include, as part of any comprehensive energy legislation, provisions similar to those adopted by the United States House of Representatives to prevent the implementation of Indirect Land Use Change rules; and

BE IT FURTHER RESOLVED, that Congress and agencies of the federal government are urged to resist Indirect Land Use Change provisions that unfairly impact biofuels production in the United States.

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

SCR 5: A CONCURRENT RESOLUTION, Expressing support for the public awareness of multiple sclerosis and recognizing MS Awareness Week as March 8-14, 2010.

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 11:00 a.m. on Tuesday, March 9^th, the 34^th legislative day.

Which motion prevailed.

There being no objection, the House proceeded to Order of Business No. 12.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of tax refunds for the construction of agricultural processing or new business facilities.

Was read the second time.

The question being "Shall SB 30 pass?"

And the roll being called:

Yeas 57, Nays 1, Excused 12, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Conzet; Cronin; Cutler; 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); Pitts; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Speaker Rave

Nays:
Verchio

Excused:
Burg; Carson; Curd; Deadrick; Dennert; Nygaard; Peters; Putnam; Tidemann; Vanneman; Wink; Wismer

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

SB 97: FOR AN ACT ENTITLED, An Act to provide that salvage titles be issued for stolen vehicles and to provide that thefts be noted on the title of recovered motor vehicles.

Was read the second time.

The question being "Shall SB 97 pass as amended?"

And the roll being called:

Yeas 58, Nays 0, Excused 12, Absent 0

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

Excused:
Burg; Carson; Cronin; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Vanneman; Wink; Wismer

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

SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the yielding of the right-of-way to pedestrians making a crossing of a highway.

Was read the second time.

The question being "Shall SB 98 pass?"

And the roll being called:

Yeas 55, Nays 3, Excused 12, Absent 0

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

Nays:
Greenfield; Lucas; Sorenson

Excused:
Burg; Carson; Cronin; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Vanneman; Wink; Wismer

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

SB 80: FOR AN ACT ENTITLED, An Act to clarify certain conditions of service by elected municipal officials.

Was read the second time.

The question being "Shall SB 80 pass?"

And the roll being called:

Yeas 58, Nays 0, Excused 12, Absent 0

Excused:
Burg; Carson; Cronin; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Vanneman; Wink; Wismer

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

SB 114: FOR AN ACT ENTITLED, An Act to authorize municipalities to include flexible spending accounts, flexible spending account debit cards, and related programs and procedures with employee health insurance benefits.

Was read the second time.

The question being "Shall SB 114 pass?"

And the roll being called:

Yeas 58, Nays 0, Excused 12, Absent 0

Excused:
Burg; Carson; Cronin; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Vanneman; Wink; Wismer

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Faehn moved that SB 67 and 124 be placed to follow SB 155 on today's calendar.

Which motion prevailed.

SB 78: FOR AN ACT ENTITLED, An Act to revise the total amount of revenue payable to municipalities from taxes on real property.

Was read the second time.

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

And the roll being called:

Yeas 56, Nays 1, Excused 13, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Conzet; Cutler; 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); Pitts; Rausch; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Verchio; Speaker Rave

Nays:
Russell

Excused:
Burg; Carson; Cronin; Curd; Deadrick; Dennert; Lederman; Peters; Putnam; Tidemann; Vanneman; Wink; Wismer

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

Rep. Faehn moved that SB 192 be placed to follow SB 88 on today's calendar.

Which motion prevailed.

SB 18: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions regarding retired members of the South Dakota Retirement System who return to covered employment and to declare an emergency.

Was read the second time.

18mb

Rep. Feinstein moved that SB 18 be amended as follows:

On page 1, line 7, of the printed bill, after "employment" insert "with the member's most recent participating unit".

On page 2, line 3, after "employment" insert "with the member's most recent participating unit".

On page 2, line 5, after "retirement," insert "or if the member reenters covered employment with a different participating unit after any period of time,".

Which motion lost.

The question being "Shall SB 18 pass?"

And the roll being called:

Yeas 55, Nays 13, Excused 2, Absent 0

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

Nays:
Bolin; Engels; Fargen; Feinstein; Frerichs; Iron Cloud III; Killer; Lederman; Noem; Schlekeway; Solberg; Sorenson; Vanderlinde

Excused:
Curd; Vanneman

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 32 and 35 be placed to follow SB 20 on today's calendar.

Which motion prevailed.

Speaker Pro tempore Rausch now presiding.

SB 20: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions within the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 20 pass?"

And the roll being called:

Yeas 59, Nays 0, Excused 11, Absent 0

Excused:
Burg; Carson; Curd; Deadrick; Dennert; Peters; Putnam; Tidemann; Vanneman; Wink; Wismer

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

SB 32: FOR AN ACT ENTITLED, An Act to revise the process for the reporting of surplus lines insurance.

Was read the second time.

The question being "Shall SB 32 pass?"

And the roll being called:

Yeas 58, Nays 0, Excused 12, Absent 0

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

Excused:
Burg; Carson; Curd; Deadrick; Dennert; Peters; Putnam; Schrempp; Tidemann; Vanneman; Wink; Wismer

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

SB 35: FOR AN ACT ENTITLED, An Act to require the policyholder's signed acceptance for endorsements that reduce or eliminate coverage upon certain health insurance policy issuance.

Was read the second time.

The question being "Shall SB 35 pass?"

And the roll being called:

Yeas 62, Nays 1, Excused 7, Absent 0

Yeas:
Bolin; Boomgarden; Brunner; Burg; Conzet; Cronin; Cutler; Deadrick; 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; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

Nays:
Blake

Excused:
Carson; Curd; Dennert; Putnam; Schrempp; Tidemann; Vanneman

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 88: FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity for military children.

Was read the second time.

The question being "Shall SB 88 pass?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; 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; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Verchio; Wink; Wismer; Speaker Rave

Nays:
Vanderlinde

Excused:
Curd; Schrempp; Vanneman

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 192: FOR AN ACT ENTITLED, An Act to modify distributions from the wind energy tax fund.

Was read the second time.

192ja

Rep. Street moved that SB 192 be amended as follows:

On page 2, line 20, of the House Taxation Committee engrossed bill, delete "fifty" and insert "thirty".

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

The Speaker declared Rep. Street's motion lost.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being "Shall SB 192 pass as amended?"

And the roll being called:

Yeas 35, Nays 33, Excused 2, Absent 0

Yeas:
Blake; Boomgarden; Burg; Conzet; Cutler; Dennert; Elliott; Engels; Fargen; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Noem; Nygaard; Olson (Ryan); Russell; Schlekeway; Solberg; Sorenson; Street; Thompson; Vanderlinde; Wismer

Nays:
Bolin; Brunner; Carson; Cronin; Deadrick; Faehn; Feickert; Greenfield; Hoffman; Hunt; Jensen; Juhnke; Lust; McLaughlin; Moser; Novstrup (David); Olson (Betty); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Schrempp; Sly; Solum; Steele; Tidemann; Turbiville; Van Gerpen; Verchio; Wink; Speaker Rave

Excused:
Curd; Vanneman

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

Rep. Street announced his intention to reconsider the vote by which SB 192 lost.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 49, 53, and 65 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 22, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

22cb

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

" Section 1. That § 13-13-10.1 be amended to read as follows:

13-13-10.1. Terms used in this chapter mean:

(1) "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42.1 and plus the average number of pupils for whom the district pays tuition;

(1A) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

(2) "Adjusted average daily membership," calculated as follows:

(a) For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

(b) For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

(c) For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

(2A) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition. When computing state aid to education for a school district under the foundation program pursuant to § 13-13-73, the secretary of the Department of Education shall use either the school district's fall enrollment or the average of the school district's fall enrollment and the school district's fall enrollment from the prior year, whichever is higher. However, if a school district qualifies to benefit from both the averaging permitted in this subdivision and the one-time payment provided in

§ 13-13-80 in the same fiscal year, the school district may not benefit from both, but only from the one that provides the most additional funding to the district;

(2B) "Current fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year minus the number of students for whom the district receives tuition except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;

(2C) "Small school adjustment," calculated as follows:

(a) For districts with a fall enrollment of two hundred or less, multiply 0.2 times $4,237.72;

(b) For districts with a fall enrollment of greater than two hundred, but less than six hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result; and multiply the sum obtained times $4,237.72;

(3) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

(4) "Per student allocation," for school fiscal year ~~2009~~ 2011 is ~~$4,664.66~~ $4,804.60. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

(5) "Local need," is the sum of:

(a) The per student allocation multiplied by the fall enrollment; and

(b) The small school adjustment, if applicable, multiplied by the fall enrollment; and

(6) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;

(7) "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

(8) "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

(9) "General fund base percentage," is the lesser of:

(a) The general fund balance percentage as of June 30, 2000; or

(b) The maximum allowable percentage for that particular fiscal year as stated in this subsection.

For fiscal year 2008, the maximum allowable percentage is one hundred percent; for fiscal year 2009, eighty percent; for fiscal year 2010, sixty percent; for fiscal year 2011, forty percent; for fiscal year 2012 and subsequent fiscal years, twenty-five percent. However, the general fund base percentage can never be less than twenty-five percent;

(10) "Allowable general fund balance," the general fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

(11) "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, inclusive; revenue a school district has received as compensation for being a sparse school district under the terms of §§ 13-13-78 and 13-13-79; any revenue a school district has received under the provisions of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5); and any revenue in the general fund set aside for a noninsurable judgment.

Section 2. That § 13-37-35.1 be amended to read as follows:

13-37-35.1. Terms used in chapter 13-37 mean:

(1) "Level one disability," a mild disability;

(2) "Level two disability," cognitive disability or emotional disorder;

(3) "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

(4) "Level four disability," autism;

(5) "Level five disability," multiple disabilities;

(5A) "Level six disability," prolonged assistance;

(6) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

(7) "Local effort," shall be calculated for taxes payable in 2011 and shall be the amount of revenue that could have been generated for the taxes payable in 2010 using a special education levy of one dollar and twenty cents per one thousand dollars of valuation increased by the lesser of three percent or the index factor, as defined in § 10-13-38, plus a percentage increase of value resulting from any improvements or change in use of real property, annexation, minor boundary changes, and any adjustments in taxation of real property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except § 10-6-31.4, only if assessed the same as property of equal value.

For taxes payable in 2012, 2013, 2014, and 2015, the total amount of local effort shall be increased by the lesser of three percent or the index factor, established pursuant to § 10-13-38 plus a percentage increase of value resulting from any improvements or change in use of real property, annexation, minor boundary changes, and any adjustments in taxation of real property separately classified and subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except § 10-6-31.4, only if assessed the same as property of equal value;

(8) "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, ~~2009~~ 2010, is $4,057. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(9) "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, ~~2009~~ 2010, is $9,471. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(10) "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, ~~2009~~ 2010, is $15,220. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(11) "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, ~~2009~~ 2010, is $13,164. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(12) "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, ~~2009~~ 2010, is $16,539. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(12A) "Allocation for a student with a level six disability," for the school fiscal year beginning July 1, ~~2009~~ 2010, is $8,438. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(13) "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules promulgated pursuant to § 13-37-1.1;

(14) "Fall enrollment," the number of kindergarten through twelfth grade pupils enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except any nonresident student who is in the care and custody of a state agency and is attending a public school and any student for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;

(15) "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

(16) "Nonpublic fall enrollment," until June 30, 2008, the number of children under age sixteen, and beginning July 1, 2009, the number of children under age eighteen, who are approved for alternative instruction pursuant to § 13-27-2 on the last Friday of September of the previous school year plus:

(a) For nonpublic schools located within the boundaries of a public school district with a fall enrollment of six hundred or more on the last Friday of September of the previous school year, the number of kindergarten through twelfth grade pupils enrolled on the last Friday of September of the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

(b) For nonpublic schools located within the boundaries of a public school district with a fall enrollment of less than six hundred on the last Friday of September of the previous school year, the number of resident kindergarten through twelfth grade pupils enrolled on the last Friday of September of the previous school year in all nonpublic schools located within the State of South Dakota;

(17) "Special education fall enrollment," fall enrollment plus nonpublic fall enrollment;

(18) "Local need," an amount to be determined as follows:

(a) Multiply the special education fall enrollment by 0.1062 and multiply the result by the allocation for a student with a level one disability;

(b) Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;

(c) Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;

(d) Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;

(e) Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;

(f) Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;

(g) Sum the results of (a) through (f);

(19) "Effort factor," for taxes payable in 2011, 2012, 2013, 2014, and 2015, the effort factor is the amount of taxes payable for the year divided by the amount of local effort as calculated in subdivision (7). The maximum effort factor is 1.0. "

22ctb

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise the per student allocation in the state aid to general education formula, and to revise certain allocations for disabilities in the state aid to special education formula.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

106ua

On page 3, line 18, of the printed bill, delete ", penthouses,".

106ba

On page 4, after line 1 of the printed bill, insert:

" Section 10. The Board of Regents shall file its plan to provide for the operation and the maintenance and repair expenses related to the project authorized in this Act, with the special interim committee created in § 4-8A-2, no later than November 1, 2010.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 177 which was tabled.

Respectfully submitted,
Larry Tidemann, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on SB 104 as found on pages 709 and 710 of the House Journal be adopted.

Which motion prevailed.

Rep. Krebs moved that the word NOT be stricken from the report of the Committee on Education on SB 191 as found on page 694 of the House Journal and that the bill be placed on the bottom of today's calendar.

Rep. Faehn moved the previous question.

Which motion prevailed.

The question being on Rep. Krebs' motion that the word NOT be stricken from the report of the Committee on Education on SB 191 and that the bill be placed on the bottom of today's calendar.

And the roll being called:

Yeas 27, Nays 41, Excused 2, Absent 0

Yeas:
Blake; Burg; Cutler; Dennert; Elliott; Engels; Faehn; Fargen; Feinstein; Frerichs; Gibson; Hunhoff (Bernie); Iron Cloud III; Killer; Kirschman; Krebs; Lange; Lucas; Nygaard; Schrempp; Solberg; Sorenson; Street; Thompson; Tidemann; Vanderlinde; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deadrick; Feickert; Gosch; Greenfield; Hamiel; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lederman; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Steele; Turbiville; Van Gerpen; Verchio; Wink; Speaker Rave

Excused:
Curd; Vanneman

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

No motion having been made for the disposition of SB 79, pursuant to Joint Rule 6F-6, the bill was declared lost.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 58: FOR AN ACT ENTITLED, An Act to revise certain real property taxes for small renewable energy facilities.

Was read the second time.

The question being "Shall SB 58 pass as amended?"

And the roll being called:

Yeas 64, Nays 3, Excused 3, Absent 0

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

Nays:
Deadrick; Feickert; Verchio

Excused:
Curd; Steele; Vanneman

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 134: FOR AN ACT ENTITLED, An Act to provide for divestiture of state investment funds in certain companies liable to sanctions under the Iran Sanctions Act of 1996.

Was read the second time.

The question being "Shall SB 134 pass?"

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

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

Nays:
Boomgarden; Dennert; Street; Thompson; Wismer

Excused:
Curd; Greenfield; Vanneman

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 156: FOR AN ACT ENTITLED, An Act to require that determinations in both adult and juvenile court proceedings relative to a controlled substance violation of a high school student participating in extracurricular activities be reported to the South Dakota High School Activities Association and to the school administrator.

Was read the second time.

The question being "Shall SB 156 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; Cutler; Deadrick; Dennert; Elliott; Engels; 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; Verchio; Wink; Wismer; Speaker Rave

Nays:
Iron Cloud III

Excused:
Curd; Vanneman

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 prohibit dental insurers from setting fees for noncovered services.

Was read the second time.

The question being "Shall SB 108 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; 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; 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; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Vanneman

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 169: FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers unless and until the insured is made whole.

Was read the second time.

169ra

Rep. Hunt moved that SB 169 be amended as follows:

On page 1, line 8, of the Senate Commerce Committee engrossed bill, after "." insert "The provisions of this Act do not apply to any workers' compensation recovery.".

Which motion prevailed.

The question being "Shall SB 169 pass as amended?"

And the roll being called:

Yeas 39, Nays 28, Excused 3, Absent 0

Yeas:
Blake; Brunner; Burg; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Killer; Kirkeby; Kirschman; Krebs; Lange; Lucas; Lust; McLaughlin; Moser; Nygaard; Pitts; Schrempp; Solberg; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Wismer

Nays:
Bolin; Boomgarden; Carson; Conzet; Cronin; Greenfield; Hoffman; Juhnke; Kopp; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Peters; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Sly; Solum; Sorenson; Steele; Tidemann; Verchio; Wink; Speaker Rave

Excused:
Curd; Lederman; Vanneman

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 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding documents or instruments filed with the register of deeds that may contain personally identifiable information.

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

141fa

Rep. Conzet moved that SB 141 be amended as follows:

On page 2, after line 18 of the printed bill, insert:

" Section 7. That § 43-28-23 be amended to read as follows:

43-28-23. Any real estate document recorded with the register of deeds, except for plats, shall:

(1) Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that covers up any information or printed material on the document. Any continuous document or any document sheets that are stapled, glued, or bound together are subject to the additional fee established pursuant to subdivision 7-9-15(1);

(2) Be printed, typewritten, or computer generated in black ink and the print type of the document may not be smaller than 10-point type. However, ~~signatures and dates may be in black or blue ink, and notarial acknowledgments~~ dates, notarial acknowledgments, signatures, and other items may be completed in black or blue ink if the document is predominantly completed in black ink and if the items that are completed in blue ink are sufficiently dark to meet the requirements of subdivision (6);

(3) Be on white paper of not less than twenty pound weight;

(4) Contain a blank space at the top measuring no less than three inches as measured from the top of the first page. The right half shall be used by the register of deeds for recording information and the left half shall be used by the document preparer as required pursuant to § 7-9-1 and may include other document information. All other margins shall be a minimum of one inch;

(5) Have a title prominently displayed at the top of the first page below the blank space referred to in subdivision (4) of this section;

(6) Be sufficiently legible to reproduce a readable copy using the register of deed's current method of reproduction; and

(7) Conform to the standards provided in this section or be subject to the increased fees as provided in § 7-9-15.

However, the register of deeds may not charge an increased fee for any document that has any portion of a notary or corporate seal or stamp, a page number, an initial, or a partial signature in a margin. Any affidavit of publication, corner record, survey, certified court or governmental document, and UCC form recorded against real estate is exempt from the provisions of this section. Any plat or survey and certified vital record attached to documents is also exempt from the provisions of this section.

The provisions of this section do not apply to any real estate document prepared and executed prior to July 1, 2002. ".

Which motion prevailed.

The question being "Shall SB 141 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; 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; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Lederman; Vanneman

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.

141fta

Rep. Conzet moved that the title to SB 141 be amended as follows:

On page 1, line 3, of the printed bill, after "information" insert "and to revise certain format requirements relating to real estate documents filed with the register of deeds".

Which motion prevailed and the title was so amended.

Rep. Street moved that the House do now reconsider the vote by which SB 192 lost.

The question being on Rep. Street's motion to reconsider the vote by which SB 192 lost.

And the roll being called:

Yeas 38, Nays 30, Excused 2, Absent 0

Yeas:
Blake; Bolin; Brunner; Burg; Dennert; Elliott; Engels; Fargen; Feinstein; Frerichs; Gibson; Gosch; Hamiel; Hunhoff (Bernie); Iron Cloud III; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lucas; Novstrup (David); Nygaard; Olson (Ryan); Rausch; Schlekeway; Schrempp; Solberg; Solum; Sorenson; Street; Thompson; Turbiville; Van Gerpen; Vanderlinde; Wismer; Speaker Rave

Nays:
Boomgarden; Carson; Conzet; Cronin; Cutler; Deadrick; Faehn; Feickert; Greenfield; Hoffman; Hunt; Jensen; Juhnke; Lederman; Lust; McLaughlin; Moser; Noem; Olson (Betty); Peters; Pitts; Putnam; Romkema; Rounds; Russell; Sly; Steele; Tidemann; Verchio; Wink

Excused:
Curd; Vanneman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 192 was up for reconsideration and final passage.

Rep. Street moved that SB 192 be placed on the calendar of Tuesday, March 9^th, the 34^th legislative day.

Which motion prevailed.

SB 115: FOR AN ACT ENTITLED, An Act to prohibit the sale or delivery of contact lenses without a prescription.

Was read the second time.

115ja

Rep. Ryan Olson moved that SB 115 be amended as follows:

On page 1, line 6, of the printed bill, delete "or deliver".

Which motion prevailed.

The question being "Shall SB 115 pass as amended?"

And the roll being called:

Yeas 47, Nays 21, Excused 2, Absent 0

Yeas:
Blake; Bolin; Burg; Carson; Conzet; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Frerichs; Gibson; Hamiel; Hunhoff (Bernie); Iron Cloud III; Kirschman; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Nygaard; Olson (Ryan); Pitts; Putnam; Romkema; Rounds; Schlekeway; Schrempp; Sly; Solberg; Solum; Steele; Street; Thompson; Van Gerpen; Vanderlinde; Verchio; Wink; Wismer; Speaker Rave

Nays:
Boomgarden; Brunner; Cronin; Feinstein; Gosch; Greenfield; Hoffman; Hunt; Jensen; Juhnke; Killer; Kirkeby; Kopp; Krebs; Olson (Betty); Peters; Rausch; Russell; Sorenson; Tidemann; Turbiville

Excused:
Curd; Vanneman

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.

115jta

Rep. Ryan Olson moved that the title to SB 115 be amended as follows:

On page 1, line 1, of the printed bill, delete "or delivery".

Which motion prevailed and the title was so amended.

Speaker Pro tempore Rausch now presiding.

SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exclusive benefit requirements and the range of investments available to the South Dakota Retirement System member trust fund.

Was read the second time.

The question being "Shall SB 21 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; 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; 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; Verchio; Wink; Wismer; Speaker Rave

Excused:
Curd; Vanneman

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

Rep. Faehn moved that SB 102, 12, 75, 172, 184, 100, 131, 155, 67, and 124 be deferred to Tuesday, March 9^th, the 34^th legislative day.

Which motion prevailed.

Speaker Rave now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1137, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 10:25 a.m., March 8, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1025, 1026, 1027, 1047, 1048, 1052, 1056, 1061, 1095, 1192, and 1263 were delivered to his Excellency, the Governor, for his approval at 10:40 a.m., March 8, 2010.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001, 1002, 1072, 1091, 1104, 1118, 1130, and 1172 and finds the same correctly enrolled.

Respectfully submitted,

Timothy A. Rave, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1001: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue certain special alcoholic beverage licenses and to repeal certain special alcoholic beverage licenses.

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the days and hours that alcoholic beverages may be sold on a licensed premise and who may sell, serve, or dispense alcoholic beverages on a licensed premise and to revise certain provisions concerning the power of municipalities and counties to regulate the sale and use of alcoholic beverages.

HB 1072: FOR AN ACT ENTITLED, An Act to provide for the election of a vice chair for county commissions.

HB 1091: FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal elections in the case of death or withdrawal of a candidate.

HB 1104: FOR AN ACT ENTITLED, An Act to limit the source of recovery in certain civil actions for childhood sexual abuse injuries.

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding fees for health services provided to South Dakota injured workers treated by out-of-state medical providers and expenses when death results from injuries to South Dakota workers.

HB 1130: FOR AN ACT ENTITLED, An Act to include the families of certain members of the armed forces who died in military service as eligible for gold star special license plates.

HB 1172: FOR AN ACT ENTITLED, An Act to repeal certain provisions requiring the approval of the planning commission for the construction of utilities and public facilities.

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.

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.

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.

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

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.

SB 56: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspection.

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the siting of energy facilities by the Public Utilities Commission.

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.

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

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

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.

SB 145: FOR AN ACT ENTITLED, An Act to revise certain qualifications for the South Dakota opportunity scholarship program.

SB 183: FOR AN ACT ENTITLED, An Act to exclude students served in residential treatment facilities from the determination of the small school adjustment in the state aid to general education formula.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1014 Introduced by: Representatives Wink and Brunner and Senator Rhoden

A LEGISLATIVE COMMEMORATION, Commending and congratulating the Sturgis Brown High School Scoopers Wrestling Team on winning the 2010 South Dakota Class A Wrestling Championship.

WHEREAS, the Sturgis Brown High School Scoopers Wrestling Team won the 2010 State Class A Wrestling Team Championship, for its fourth consecutive title, together with several individual titles, under the direction of head coach Steve Keszler; and

WHEREAS, Scooper wrestlers earning individual titles at the Class A tournament included first place titles by Cody Cassen, Jason Duprel, Morgan Engbrecht, Josh Keszler, Seth Lange, and Clint Wilson; a second place title by Kyle Kopplin; third place titles by Tanner Bothwell and Chris Vinson; a sixth place title by Rex Lyon; and qualifiers Blake Williams, Matt Silvernail, Clay Kopplin, and Nate Wilson; and

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

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the members of the Sturgis Brown High School Scoopers Wrestling Team be congratulated on their individual state wrestling titles and on earning the 2010 State Class A Wrestling Team Championship.

HC 1015 Introduced by: Representatives Brunner, Olson (Betty), and Wink and Senators Rhoden and Maher

A LEGISLATIVE COMMEMORATION, Honoring Nisland, South Dakota, on the occasion of its centennial celebration.

WHEREAS, Nisland's citizens have enriched our state's culture with their exceptional attainments in leadership, sports, music, literature, and art, and are known for their love of agriculture, entertainment, and community history, which they strive to preserve for future generations; and

WHEREAS, this year's centennial celebration day, Sunday, September 5, 2010, will mark the one hundredth birthday of the city with a parade, community barbecue, displays of Nisland memorabilia and pictures, and tours of the former Nisland school, the Nisland fair grounds, and the community:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature congratulates all South Dakotans of Nisland ancestry and invites everyone to participate in the Nisland centennial celebration, Sunday, September 5, 2010.

HC 1016 Introduced by: Representatives Juhnke, Carson, Deadrick, Hamiel, Putnam, Van Gerpen, and Vanneman and Senators Garnos, Bartling, and Vehle

A LEGISLATIVE COMMEMORATION, Commending the Wagner Red Raiders Volleyball Team for its 2008 and 2009 State A Volleyball Championships.

WHEREAS, the Wagner Red Raiders Volleyball Team, coached by Amy Tyler and Stacey Knebel, finished its season record with thirty-three wins and one loss in 2008 and thirty-four wins and one loss in 2009; and

WHEREAS, the Wagner Red Raiders Volleyball Team formed a cohesive group with contributions from all of its players in 2008, including Courtney Krcil, Mary Kocer, Kelsey Krcil, Taylor Cimpl, Jessica Koupal, Breanna Cuka, Alexa Cimpl, Kami Hoeke, Jilanne Doom, Keaya Weber, Jenny Eggers, Devon Brecke, Brooke Weber, and Serena Soukup; and

WHEREAS, the Wagner Red Raiders Volleyball Team continued its solidarity to work as a group with the efforts from all the 2009 players, including Courtney Krcil, Talia Peters, Sydney Breen, Breanna Cuka, Alexa Cimpl, Kami Hoeke, Jilanne Doom, Keaya Weber, Jenny Eggers, Devon Brecke, LaShawn Medicine Horn, Jessa Doom, Brooke Weber, Nicole Weber, and Mikaela Kuhlman; and

WHEREAS, three players from the Wagner Red Raiders Team, Jilanne Doom, Mary Kocer, and Keaya Weber, were selected for the 2008 All-Tournament Team; and three players from the Wagner Red Raiders Team, Devon Brecke, Jilanne Doom, and Keaya Weber, were selected for the 2009 All-Tournament Team; and

WHEREAS, Mary Kocer was selected to the first team All-State Team and Keaya Weber was selected to the second team All-State Team in 2008; and Jilanne Doom and Keaya Weber were selected to the first team All-State Team and Kami Hoeke was selected to the second team All-State Team in 2009:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Wagner Red Raiders Volleyball Team be commemorated and honored for winning the 2008 and 2009 State A Volleyball Championships.

Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 5:45 p.m. the House adjourned.

Karen Gerdes, Chief Clerk