The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by House pages Megan Meier and Kayla Wieskus.
Roll Call: All members present except Reps. Curd and Vanneman who were excused.
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.
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.
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
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.
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.
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:
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:
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:
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:
Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
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.
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:
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.
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:
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:
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:
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."
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 76 which was deferred to the 41st Legislative Day.
I have the honor to return herewith HB 1072, 1091, 1130, and 1172 which have passed the
Senate without change.
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.
I have the honor to transmit herewith SCR 5 which has been adopted by the Senate and
your concurrence is respectfully requested.
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
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.
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
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; Van Gerpen; Vanderlinde; Verchio;
Speaker Rave
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
Was read the first time and the Speaker waived the committee referral.
HCR 1015 Introduced by: Representatives Hunhoff (Bernie) and Fargen and Senator
Heidepriem
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
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 9th, the 34th legislative day.
Which motion prevailed.
There being no objection, the House proceeded to Order of Business No. 12.
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
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.
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
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.
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.
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.
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
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; Van Gerpen; Vanderlinde; Verchio;
Speaker Rave
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.
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
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.
SB 88: FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational
opportunity for military children.
Was read the second time.
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.
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.
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.
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:
13-13-10.1. Terms used in this chapter mean:
§ 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;
13-37-35.1. Terms used in chapter 13-37 mean:
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:
" 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.".
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 177 which was tabled.
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
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.
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
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.
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
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.
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
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.
" 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:
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.
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 9th, the 34th
legislative day.
Which motion prevailed.
Was read the second time.
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.
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 9th, the 34th legislative day.
Which motion prevailed.
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.
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.
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.
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 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 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.
HC 1016 Introduced by: Representatives Juhnke, Carson, Deadrick, Hamiel, Putnam, Van
Gerpen, and Vanneman and Senators Garnos, Bartling, and Vehle
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
5:45 p.m. the House adjourned.