JOURNAL OF THE HOUSE

SEVENTY-NINTH SESSION  




THIRTY-FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 15, 2004

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

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Michael Hoium.

     Roll Call: All members present except Rep. Koistinen who was excused.

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-fourth 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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS

February 27, 2004

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bill 1166 and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 8, 2004

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bills 1001, 1013, 1031, 1052, 1053, 1062, 1068, 1074, 1081, 1087, 1091, 1098, 1114, 1123, 1145, 1158, 1182, 1231, and 1248, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 9, 2004

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bills 1159, 1175, 1180, 1183, 1184, 1199, 1201, 1202, 1211, 1218, 1227, 1228, 1235, 1275, 1282, 1297, 1298, 1304, 1305, 1308, 1309, 1311, and 1312, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


March 9, 2004

The Honorable Matthew J.W. Michels
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Speaker Michels and Members of the House:

I herewith return House Bill 1191 with the following recommendations as to STYLE and FORM.

House Bill 1191 is An act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life and to prescribe a penalty therefor.

I have serious concerns that South Dakota will lose its ability to regulate abortions based upon legal precedent. Section 16 states, in part, "If any provision of this Act is ever temporarily or permanently restrained or enjoined by judicial order, the provisions of chapters 34-21A and 22- 17 shall be enforced." The bill, however, expressly repeals several provisions of chapter 34-23A. The provisions in chapter 34-23A to be repealed provide when, under what conditions, and for what reasons a legal abortion may be performed in South Dakota. It is a basic principle of statutory construction that the "repeal of the repealer" does not revive a repealed law. Section 15 while well intended, does not cure this defect. Additionally, at least one court has held that existing laws regulating abortions cannot be enforced when a ban on abortions has been enacted. Please see Weeks v. Connick, 733 F. Supp. 1036 (E.D La. 1990). The enactment of this bill in its current form carries with it the risk that abortions will be performed in South Dakota without any state oversight or regulation as currently provided in chapter 34-23A noted above. House Bill 1191, as written, does not clearly preserve the major aspects of South Dakota's present, albeit limited, ability to regulate abortion if this legislation is challenged as expected. I believe the corrections I propose strengthen the statement of legislative intent while reducing the risk of unregulated abortions in South Dakota. Given the importance of HB 1191 to the people of South Dakota and my concern that existing law be preserved should House Bill 1191 be enjoined by the courts, I recommend the following Style and Form corrections to the Senate Engrossed House Bill 1191.

On page 5, line 14, after "22-17", insert "in effect prior to the enactment of this Act".

On page 5, line 14, after "enforced" insert, "specifically including the provisions of § 34-23A-2, § 34-23A-3, § 34-23A-4, § 34-23A-5 repealed in sections 10, 11, 12, and 13 of this Act".

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
M. Michael Rounds

cc:    The Honorable Chris Nelson
    The Honorable Dennis Daugaard



February 27, 2004

The Honorable Matthew J.W. Michels
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Speaker Michels and Members of the House:

I herewith return House Bill 1125 and VETO the same. It is: "An Act to revise certain provisions regarding the establishment of proof of compliance with the applicable standards as due care in certain utility negligence claims."

I disagree that mere compliance with the National Electric Safety Code is sufficient to establish compliance with the appropriate standard of care. The National Electric Safety Code is vague and general. Rather than specific guidelines, the National Electric Safety Code refers to what may be interpreted as regional standards which vary widely, not only by region, but also by utility.

Currently, common law would allow utilities to present evidence of compliance with the National Electric Safety Code in defense of the utility in negligence actions. If the jury finds that compliance with the National Electric Safety Code meets the standard of care, then the company is not liable. This bill removes the question from the province of the jury, which in many cases, and under many differing circumstances, may not be warranted. It is for this reason that I am unwilling to sign this legislation into law.

I respectfully request that you concur with my action.

Respectfully submitted,
M. Michael Rounds

cc:    The Honorable Chris Nelson
    The Honorable Dennis Daugaard

March 9, 2004

The Honorable Matthew Michels, Speaker of the House
South Dakota State Capitol
Pierre, SD 57501

Dear Mr. Michels and Members of the House:

I herewith return House Bill 1283 and VETO the same. It is "An Act to exempt certain purchases of material used in the production of greenhouse, nursery, and ornamental plants from sales and use taxes."


I veto this bill because, if enacted, it will
    1 *      change long-standing sales tax policy on exemptions,
     2 *      provide benefits for only a small segment of South Dakotans, and
     3 *      lead to more piece-meal, group by group, changes in taxes in the future.

Sales Tax Policy on Exemptions

The State Constitution uses words like "equitable" and "uniform" in describing state taxes. For many years, state tax policy has been to tax as many people as possible with the lowest rate as possible. If everyone, or almost everyone, is paying taxes, then the rate of taxation will never be as high as it would be if only a few groups of people in our state were paying taxes.

The property tax exemptions found in our State Constitution for schools, religious, cemetery and charitable purposes had their roots in the Sioux Falls Constitutional Convention in 1885. Mr. Dow of Brown County argued "the most equal distribution of the burden of taxation would be by not exempting anything whatever." However, a majority of the constitutional framers agreed that certain types of property should be exempted from taxation.

Mr. Corson of Lawrence County said that entities such as churches that don't generate revenue should be exempt. Mr. Brookings of Minnehaha County argued that entities like schools and universities that bring more capital, more business and more people to the state should be also exempted. That philosophy about property tax exemptions is still apparent in our constitution and laws.

That same philosophy has been applied for many years concerning sales taxes which began due to the Great Depression when counties became unable to share property tax revenues with state government.

The Future of Tax Exemptions

The Legislature has had to deal with many, many difficult tax issues over the years. In recent years, many groups have asked for special tax exemptions. The Legislature has consistently resisted these requests. The Greenhouse Tax Repeal (HB 1283) indicates a different direction. Instead of widespread tax relief for the most people possible, the Legislature has given this small group of people special tax relief without having the time to seriously examine all of the current sales tax revenues and the current exemptions. This bill has been up for consideration by the legislature before and has been defeated before being delivered for my review. I would request the legislature consider the policy reasons for defeating this specific type of legislation in the past. To do otherwise is to encourage legislation that erodes the broad base upon which we rely to support those programs which are essential.

I respectfully request that you concur with my action of vetoing HB 1283.

Sincerely,
M. Michael Rounds

cc:    The Honorable Chris Nelson
    The Honorable Dennis Daugaard



CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1191 as found on page 849 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1191 be approved?"

     And the roll being called:

     Yeas 52, Nays 16, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Buckingham; Burg; Christensen; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; Miles; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Van Gerpen; Weems; Wick; Speaker Michels

     Nays:
Adelstein; Bradford; Cradduck; Cutler; Elliott; Engels; Hennies; Hundstad; McLaughlin; Murschel; Nesselhuf; Sigdestad; Thompson; Valandra; Van Norman; Williamson

     Excused:
Koistinen; Van Etten

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

     The House proceeded to the reconsideration of HB 1125 pursuant to the veto of the Governor and the veto message found on page 850 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall HB 1125 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 10, Nays 58, Excused 2, Absent 0

     Yeas:
Begalka; Buckingham; Davis; Hackl; Hennies; Klaudt; Kraus; Kroger; Lange; Nesselhuf


     Nays:
Adelstein; Bartling; Bradford; Burg; Christensen; Cradduck; Cutler; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hanson; Hargens; Haverly; Heineman; Hundstad; Hunhoff; Juhnke; Konold; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Koistinen; Van Etten

     So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill lost, sustaining the Governor's veto.

     The House proceeded to the reconsideration of HB 1283 pursuant to the veto of the Governor and the veto message found on pages 850 and 851 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall HB 1283 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 53, Nays 15, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Davis; Dykstra; Elliott; Engels; Garnos; Gassman; Glenski; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Klaudt; Kraus; Kroger; Lange; LaRue; Lintz; McCaulley; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Ryan); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Gerpen; Van Norman; Weems; Williamson; Speaker Michels

     Nays:
Cutler; Deadrick (Thomas); Frost; Fryslie; Gillespie; Hackl; Juhnke; Konold; Madsen; McCoy; McLaughlin; Olson (Mel); Pederson (Gordon); Putnam; Wick

     Excused:
Koistinen; Van Etten

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



MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approvd SB 181 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 763 of the Senate Journal.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 181.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

     Which motion prevailed and the Speaker appointed as such committee Reps. Michels, Bill Peterson, and Mel Olson.

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Seventy-ninth Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Michels, Rhoden, and Burg.

     Rep. Bill Peterson moved that the House do now recess until 1:00 p.m., which motion prevailed and at 10:46 a.m., the House recessed.

RECESS


     The House reconvened at 1:00 p.m., the Speaker Pro tempore presiding.

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


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 218 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of giving first reading, referring to the House Committee of the Whole, and giving second reading and final consideration to SB 218.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of giving first reading, referring to the House Committee of the Whole, and giving second reading and final consideration to SB 218.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Koistinen

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 218:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to state livestock ownership inspection, to revise the composition and duties of the State Brand Board, and to declare an emergency.

     Was read the first time and referred to the House Committee of the Whole.

    Rep. Bill Peterson moved that the House do now recess, pursuant to Joint Rule 9-1, in the nature of the Committee of the Whole for the purpose of addressing SB 218.

    Which motion prevailed and at 1:35 p.m. the House recessed.

COMMITTEE OF THE WHOLE

    The Speaker Pro tempore presiding.

    The following persons testified on SB 218:

        Proponents:

            Larry Gabriel (Secretary, South Dakota Department of Agriculture)
            Ken Knuppe (President, South Dakota Stockgrowers Association)

    Rep. Bill Peterson moved that the House Committee of the Whole do now rise, which motion prevailed.

    The House reconvened at 1:49 p.m., the Speaker Pro tempore presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 218:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to state livestock ownership inspection, to revise the composition and duties of the State Brand Board, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 218 pass?"


     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Van Norman

     Excused:
Koistinen; McCaulley

     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.

    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 appointed Sens. Bogue, Brown, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also Mr. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Bogue, Brown, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House pertaining to fixing the time of adjournment sine die for the Seventy-ninth legislative session.

Respectfully,
Patricia Adam, Secretary
MOTIONS AND RESOLUTIONS

     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and final consideration to a concurrent resolution recognizing the investment of the South Dakota taxpayers in the state's K-12 public education system and the need for the accountability to the taxpayers for that investment.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and final consideration to a concurrent resolution recognizing the investment of the South Dakota taxpayers in the state's K-12 public education system and the need for the accountability to the taxpayers for that investment.

     And the roll being called:

     Yeas 61, Nays 4, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Peterson (Bill); Putnam; Rave; Rounds; Schafer; Sebert; Sigdestad; Smidt; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Hanson; Pederson (Gordon); Peterson (Jim); Solum

     Excused:
Bradford; Koistinen; McCaulley; Rhoden; Van Norman

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

     HCR 1023   Introduced by:  Representative Heineman and Senator Olson (Ed)

         A CONCURRENT RESOLUTION,  Recognizing the investment of the South Dakota taxpayers in the state's K-12 public education system and the need for accountability to the taxpayers for that investment.

     WHEREAS,  the future economic development and vitality of South Dakota as outlined in the Governor's 2010 Initiative begins with the education of South Dakota's children; and

     WHEREAS,  approximately nine hundred million dollars of local, county, state, and federal revenue is currently invested in education in this state for fiscal year 2004; and

     WHEREAS,  the Legislature is authorizing additional funding for fiscal year 2005 that includes an inflationary increase of over five million dollars, the reinvestment of over three million dollars not used in the state aid formula due to declining enrollments, a supplemental allocation of one million eight hundred thousand dollars, and an increase of one million five hundred thousand dollars in the state aid formula for special education; and

     WHEREAS,  the Legislature in 2001 proposed to the electors an amendment to the South Dakota Constitution which created the Educational Enhancement Trust Fund that now holds the funds awarded to the state through the Tobacco Master Settlement Agreement, and the Legislature has authorized the distribution of over seven million dollars of earnings from that fund to the state's school districts in fiscal year 2005; and

     WHEREAS,  South Dakota's unparalleled commitment to education technology will continue in fiscal year 2005 with an appropriation of over eight million dollars; and

     WHEREAS,  the Legislature recognizes the value of increased federal funding for general education which has grown seventy percent since the enactment of the No Child Left Behind Act of 2001, and the value of the increased federal funding for special education which has grown by almost sixty-nine percent during that same period; and

     WHEREAS,  South Dakota has received a Reading First grant worth fourteen million five hundred thousand dollars over six years that will help students in the greatest need for reading assistance, and an Improving Teacher Quality grant that provides thirteen million dollars to fund the South Dakota Every Teacher program that supports teacher excellence and helps ensure there is a highly qualified teacher in every classroom in the state; and

     WHEREAS,  the Legislature has authorized two million two hundred thousand dollars for the South Dakota Reads program, a professional development reading program for elementary and special education teachers; and

     WHEREAS,  the Legislature has authorized one million nine hundred thousand dollars in funding for the South Dakota opportunity scholarship program that will reward high achieving South Dakota high school graduates who attend South Dakota colleges; and

     WHEREAS,  the Legislature has authorized five hundred thousand dollars for the creation of regional educational service agencies to facilitate the efficient delivery of education resources to the state's school districts; and

     WHEREAS,  the Legislature has authorized five hundred thousand dollars to enhance and create new opportunities in secondary career and technical education programs by allowing for the support of alternative delivery systems, the development of closer alliances to postsecondary education and business and industry, and the development of curriculum to address the current needs of business and industry; and

     WHEREAS,  the Legislature identifies ensuring continuous measurable improvement in student achievement for every child, ensuring that every South Dakota student completes high school prepared for postsecondary education or his or her life's work, and actively involving

parents in the academic lives of their children as a few of the important goals, among many, for the state's system of public education:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- ninth Legislature of the State of South Dakota, the Senate concurring therein, that the taxpayers of South Dakota be recognized for their investment in education; and

     BE IT FURTHER RESOLVED,  that the Legislature work cooperatively with the Department of Education and the Board of Education to be accountable to the taxpayers for their investment by creating additional goals and performance standards that lead to continuous improvement in the achievement of our students in this state; and

     BE IT FURTHER RESOLVED,  that the Executive Board of the Legislative Research Council provide guidance to the Department of Education in the development of the content and format of the annual written evaluation of educational progress that the department is required to submit to the Legislature and to the public pursuant to §  13-3-51.

     Was read the first time.

     Rep. Heineman moved that HCR 1023 as found on pages 858, 859, and 860 of the House Journal be adopted.

    Rep. Hargens moved that HCR 1023 be amended as follows:

    On page 859, line 16 of the House Journal, after "period" insert ", but we encourage the President and the Congress to fully fund all No Child Left Behind mandates".

    A roll call vote was requested and supported.

     The question being on Rep. Hargens' motion to amend HCR 1023.

     And the roll being called:

     Yeas 25, Nays 43, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Burg; Elliott; Engels; Gassman; Gillespie; Glenski; Hanson; Hargens; Hennies; Hundstad; Kroger; Lange; Miles; Nesselhuf; Olson (Mel); Peterson (Jim); Putnam; Sigdestad; Thompson; Valandra; Van Norman


     Nays:
Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Hackl; Haverly; Heineman; Hunhoff; Juhnke; Klaudt; Konold; Kraus; LaRue; Lintz; Madsen; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Excused:
Koistinen; McCaulley

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

     The question being on Rep. Heineman's motion that HCR 1023 be adopted.

     And the roll being called:

     Yeas 47, Nays 21, Excused 2, Absent 0

     Yeas:
Adelstein; Bradford; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gillespie; Glenski; Hackl; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Teupel; Van Etten; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bartling; Begalka; Burg; Elliott; Gassman; Hanson; Hargens; Hundstad; Klaudt; Kroger; Miles; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Sigdestad; Solum; Thompson; Valandra; Van Gerpen; Van Norman

     Excused:
Koistinen; McCaulley

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1023 was adopted.

     Rep. Mel Olson moved that Joint Rule 6H-1 be suspended and that Senate Commemoration 14 as found in the Senate Journal of the thirty-fifth legislative day be hereby approved.

     The question being on Rep. Mel Olson's motion that Joint Rule 6H-1 be suspended and that Senate Commemoration 14 as found in the Senate Journal of the thirty-fifth legislative day be hereby approved.


     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Koistinen

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

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 181 as found on page 763 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of SB 181 be approved?"

     And the roll being called:

     Yeas 38, Nays 31, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Cradduck; Cutler; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hanson; Hargens; Haverly; Juhnke; Kroger; Lange; Lintz; Madsen; Miles; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Schafer; Sebert; Smidt; Solum; Teupel; Thompson; Valandra; Van Gerpen; Weems; Wick; Speaker Michels

     Nays:
Adelstein; Buckingham; Christensen; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Hackl; Heineman; Hennies; Hundstad; Hunhoff; Klaudt; Konold; Kraus; LaRue; McCaulley; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rounds; Sigdestad; Van Etten; Van Norman; Williamson


     Excused:
Koistinen

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to approve HB 1191 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1283 failed to receive an affirmative vote of a two-thirds majority of the members elect. The President declared the bill lost, sustaining the Governor's veto.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1023 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to fixing the time of adjournment sine die for the Seventy- ninth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of waiting upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any communication to make to the Legislature.

Respectfully,
Patricia Adam, Secretary

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

REPORTS OF SELECT COMMITTEES

MR. SPEAKER:

    Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Seventy-ninth Legislative Session.

Respectfully submitted,                Respectfully submitted,
Matthew Michels                        Eric Bogue
Bill Peterson                            Arnold Brown
Mel Olson                            Garry Moore
House Committee                        Senate Committee

    Rep. Michels moved that the report of the Joint-Select Committee relative to informing the Governor that the Legislature has completed its labors and is ready to ascertain if he has any further communications to make to the Legislature be adopted.

    Which motion prevailed and the Joint-Select Committee Report was adopted.

Also MR. SPEAKER:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Seventy-ninth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 4:00 p.m., March 15, 2004.

Respectfully submitted,                Respectfully submitted,
Matthew Michels                        Eric Bogue
Larry Rhoden                        Arnold Brown
Quinten Burg                            Garry Moore
House Committee                        Senate Committee

    Rep. Michels moved that the report of the Joint-Select Committee relative to fixing the time to adjourn sine die be adopted.

    Which motion prevailed and the Joint-Select Committee Report was adopted.



SIGNING OF BILLS

     The Speaker publicly read the title to

     SB 218: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to state livestock ownership inspection, to revise the composition and duties of the State Brand Board, and to declare an emergency.

     And signed the same in the presence of the House.

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 1125, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 11:55 a.m., March 15, 2004.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the Governor's veto of HB 1283, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 3:35 p.m., March 15, 2004.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of HB 1191, not approved the recommendation and the House has returned the same to his Excellency, the Governor at 3:50 p.m., March 15, 2004.

Respectfully submitted,
Matthew Michels, Chair

    The following closing prayer was offered by Pastor Roger Easland:

    Lord, let us depart with Your peace resting on us.

    We thank You for entrusting us with the work of representing the rights and interests of the people we love.


    We continue to pray that the legislation we have enacted brings health, prosperity, and justice to all South Dakotans. Safeguard our travel, bless our families and communities.

    Increase and deepen our vision as we hold fast to the promises of Your graces working themselves out through our service.

    In the name of the One who is and was and will be we pray.

    Amen.

     Rep. Gordon Pederson moved that the House do now adjourn sine die, which motion prevailed and at 4:00 p.m. the House adjourned.

Karen Gerdes, Chief Clerk