JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




THIRTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 5, 2007

     The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

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

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-seventh 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,
Thomas J. Deadrick, Chair

     Which motion prevailed.
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Dempster, Gray, and Heidepriem as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1176.

Respectfully,
Trudy Evenstad, Secretary

     Rep. Rhoden moved that the House do now recess until 2:00 p.m., which motion prevailed and at 10:28 a.m., the House recessed.

RECESS


     The House reconvened at 2:00 p.m., the Speaker presiding.

HONORED GUESTS


     Speaker Deadrick introduced Larry E. Gabriel, soon to be retiring South Dakota Secretary of Agriculture. Mr. Gabriel was a member of the House of Representatives, and served as the majority leader for six years. The Speaker thanked him for his lifelong dedication and contributions to the citizens of South Dakota.

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES


Cc1176B
MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1176 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1176 be amended as follows:



1176ja

     On page 5 of the Senate State Affairs Committee engrossed bill, delete lines 14 to 23 , inclusive.

Respectfully submitted,                 Respectfully submitted,
Joel D. Dykstra                        Thomas A. Dempster
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1171.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has passed HB 1174, the Governor's veto notwithstanding.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Tuesday, March 6th, the 39th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Dykstra moved that the report of the Conference Committee on HB 1176 as found on pages 828 and 829 of the House Journal be adopted.

     Rep. Hargens moved the previous question.

     Which motion prevailed.



     The question being on Rep. Dykstra's motion that the report of the Conference Committee on HB 1176 be adopted.

     And the roll being called:

     Yeas 57, Nays 13, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Dennert; Dreyer; Dykstra; Elliott; Faehn; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Ahlers; Burg; Carson; Davis; DeVries; Engels; Feinstein; Koistinen; Lucas; Moore; Nygaard; Olson (Betty); Vehle

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

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES


Cc1084B
MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1084 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1084 be amended as follows:

1084fc

     On page 1, line 7 of the Senate Taxation Committee engrossed bill, overstrike " ten " and insert " nine ".

     On page 1 , line 7, delete " seventeen " and insert " eleven ".

     On page 1 , line 12, overstrike " three " and insert " two ".

     On page 1 , line 13, delete " two " and insert " seventy-one ".

     On page 2 , line 4, delete " seventy-five " and insert " twenty-six ".
     On page 2 , line 9, overstrike " four " and insert " three ".

     On page 2 , line 9, delete " two " and insert " seventy-one ".

Respectfully submitted,                 Respectfully submitted,
Joel D. Dykstra                        Kenneth McNenny
House Committee Chair                Senate Committee Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Dykstra moved that the report of the Conference Committee on HB 1084 as found on pages 830 and 831 of the House Journal be adopted.

     The question being on Rep. Dykstra's motion that the report of the Conference Committee on HB 1084 be adopted.

     And the roll being called:

     Yeas 63, Nays 7, Excused 0, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Dennert; DeVries; Gassman; Novstrup (Al); Nygaard; Sigdestad; Street

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

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


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1176 and 1084.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1048 and 1171 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1048, 1060, 1101, and 1131 were delivered to his Excellency, the Governor, for his approval at 11:58 a.m., March 5, 2007.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1174, overridden that veto and delivered the same to his Excellency, the Secretary of State, for filing at 12:01 p.m., March 5, 2007.

Respectfully submitted,
Thomas J. Deadrick, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1048: FOR AN ACT ENTITLED, An Act to  reform certain campaign finance requirements and to establish certain fines and penalties.

     HB 1171: FOR AN ACT ENTITLED, An Act to  enhance education in the state and to make an appropriation therefor.



     SB 31: FOR AN ACT ENTITLED, An Act to  appropriate money to the Dakota Valley school district.

     SB 157: FOR AN ACT ENTITLED, An Act to  revise the funding for K-12 education.

     SB 180: FOR AN ACT ENTITLED, An Act to  provide for the recognition of certain adoption orders from foreign jurisdictions and to provide for the issuance of birth certificates for certain inter-country adoptions.

     And signed the same in the presence of the House.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:08 p.m. the House adjourned.

Karen Gerdes, Chief Clerk