House Journal 03/02/2005 11:30 AM

JOURNAL OF THE HOUSE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 2, 2005

The House convened at 11:30 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Emily Brake.

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-sixth 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.

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered SB 214 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 214 be amended as follows:

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

" Section 1. That § 10-45B-1 be amended to read as follows:

10-45B-1. Terms used in this chapter mean:

(1) "Department," the Department of Revenue and Regulation;

(2) "New agricultural processing facility," a new building or structure, the construction of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B. A new agricultural processing facility is any new building or structure constructed for the initial or subsequent processing of any form of agricultural commodity, product, or by-product. A new agricultural processing facility does not include any building or structure constructed for raising or feeding of livestock or the expansion of an existing agricultural processing facility except as provided in section 2 of this Act ;

(3) "Person," any individual, firm, copartnership, joint venture, association, limited liability company, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit;

(4) "Project," the construction of a new agricultural processing facility at a single site;

(5) "Project cost," the amount paid in money, credits, property, or other money's worth for a project;

(6) "Secretary," the secretary of the Department of Revenue and Regulation.

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

For purposes of this chapter, a new agricultural processing facility as defined in § 10-45B-1 includes an expansion to an existing soybean processing facility if the expansion will be used for the production of biodiesel."

On page 1, line 1, delete " taxation benefits " and insert "tax refunds".

Respectfully submitted,             Respectfully submitted,
Joel D. Dykstra                    Dick Kelly
House Committee Chair            Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1024, 1180, 1262, 1263, and 1265 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1004, 1058, 1067, 1082, 1122, 1149, 1170, 1212, 1220, 1226, 1252, 1260, 1261, and 1264 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 143.

Respectfully,
Patricia Adam, Secretary

Rep. Rhoden moved that the House do now recess until 2:00 p.m., which motion prevailed and at 11:39 a.m., the House recessed.

RECESS

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 17, 60, 109, 119, 139, 178, 191, and 193.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 214.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1017 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 7 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The House proceeded to the reconsideration of HB 1100 pursuant to the veto of the Governor and the veto message found on pages 706 and 707 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 1100 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 51, Nays 17, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Davis; Deadrick; Dennert; Dykstra; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Rausch; Rave; Rhoden; Roberts; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems

Nays:
Buckingham; Cutler; Faehn; Frost; Hanks; Hennies; Hills; Hunt; McCoy; McLaughlin; Murschel; Pederson (Gordon); Rounds; Sebert; Wick; Willadsen; Speaker Michels

Excused:
Heineman; Putnam

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.

The House proceeded to the reconsideration of HB 1181 pursuant to the veto of the Governor and the veto message found on pages 708 and 709 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 1181 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 57, Nays 10, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Hills; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Speaker Michels

Nays:
Faehn; Frost; Hanks; Hennies; Hunt; Murschel; Pederson (Gordon); Sebert; Wick; Willadsen

Excused:
Dykstra; Heineman; Putnam

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.

The House proceeded to the reconsideration of HB 1210 pursuant to the veto of the Governor and the veto message found on pages 709 to 711 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 1210 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 34, Nays 33, Excused 3, Absent 0

Yeas:
Brunner; Davis; Dennert; Elliott; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Howie; Jensen; Jerke; Klaudt; Kroger; Lange; Miles; Nelson; Novstrup; O'Brien; Peters; Rausch; Rave; Rhoden; Roberts; Sigdestad; Street; Thompson; Tidemann; Weems

Nays:
Boomgarden; Bradford; Buckingham; Cutler; Deadrick; Faehn; Frost; Fryslie; Hanks; Hennies; Hills; Hunhoff; Hunt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Olson (Ryan); Pederson (Gordon); Rounds; Schafer; Sebert; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Wick; Willadsen; Speaker Michels

Excused:
Dykstra; Heineman; Putnam

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.

MOTIONS AND RESOLUTIONS

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

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

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Weems; Wick; Willadsen; Speaker Michels

Nays:
Koistinen; Vehle

Excused:
Dykstra; Heineman; Putnam; Valandra

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. Novstrup moved that the House do concur in Senate amendments to HB 1093.

The question being on Rep. Novstrup's motion that the House do concur in Senate amendments to HB 1093.

And the roll being called:

Yeas 54, Nays 13, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Hackl; Halverson; Hanks; Haverly; Hennies; Hills; Howie; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen

Nays:
Dennert; Gillespie; Glover; Haley; Hargens; Hunhoff; Kroger; McLaughlin; Roberts; Street; Thompson; Van Norman; Speaker Michels

Excused:
Dykstra; Heineman; Putnam

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. McLaughlin moved that the House do concur in Senate amendments to HB 1139.

The question being on Rep. McLaughlin's motion that the House do concur in Senate amendments to HB 1139.

And the roll being called:

Yeas 60, Nays 7, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels

Nays:
Buckingham; Frost; Klaudt; Kraus; Rave; Rhoden; Wick

Excused:
Dykstra; Heineman; Putnam

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. Kroger moved that the House do concur in Senate amendments to HB 1152.

The question being on Rep. Kroger's motion that the House do concur in Senate amendments to HB 1152.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Dykstra; Heineman; Putnam

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. Cutler moved that the House do concur in Senate amendments to HB 1202.

The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1202.

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hanks; Rave

Excused:
Dykstra; Heineman; Putnam

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. O'Brien moved that the House do concur in Senate amendments to HB 1222.

Rep. Hunt moved as a substitute motion that the House do not concur in Senate amendments to HB 1222 and 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 adjust the differences between the two houses.

A roll call vote was requested and supported.

The question being on Rep. Hunt's substitute motion that the House do not concur in Senate amendments to HB 1222 and 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 adjust the differences between the two houses.

And the roll being called:

Yeas 37, Nays 31, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Davis; Deadrick; Dennert; Dykstra; Elliott; Glenski; Hackl; Hanks; Hills; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; Miles; Nelson; Novstrup; Olson (Ryan); Rausch; Rave; Rhoden; Rounds; Sigdestad; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Buckingham; Cutler; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Haley; Halverson; Hargens; Haverly; Hennies; Jerke; Kroger; McLaughlin; Murschel; O'Brien; Pederson (Gordon); Peters; Roberts; Schafer; Sebert; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman

Excused:
Heineman; Putnam

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the Speaker appointed as such committee Reps. O'Brien, Murschel, and Gillespie.

Rep. Hunt moved that the House do concur in Senate amendments to HB 1233.

The question being on Rep. Hunt's motion that the House do concur in Senate amendments to HB 1233.

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Cutler; Murschel; Turbiville; Van Norman

Excused:
Heineman; Jensen; Putnam

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. Gillespie moved that the House do concur in Senate amendments to HB 1240.

The question being on Rep. Gillespie's motion that the House do concur in Senate amendments to HB 1240.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Heineman; Putnam; Valandra

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. McLaughlin moved that the House do concur in Senate amendments to HB 1248.

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

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hackl

Excused:
Heineman; Putnam

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

HCR 1020: A CONCURRENT RESOLUTION, Urging Congress to submit to the states for ratification a balanced budget amendment to the United States Constitution.

Rep. Lange moved that HCR 1020 as found on pages 715 and 716 of the House Journal be adopted.

Rep. Hargens moved as a substitute motion that HCR 1020 be laid on the table.

The question being on Rep. Hargens' substitute motion that HCR 1020 be laid on the table.

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1020 was tabled.

HCR 1021 Introduced by: Representatives Valandra, Bradford, Schafer, Thompson, and Van Norman and Senator Two Bulls

A CONCURRENT RESOLUTION, Supporting the construction of an outdoor facility for Native American performing arts and competitive events.

WHEREAS, the United Sioux Tribes of South Dakota Development Corporation was organized and incorporated in the State of South Dakota in May 1970, by the nine Sioux Tribal Chairmen of that era for the purpose of fostering and promoting economic development and advocacy in South Dakota for the Sioux Tribes through efforts from the federal and state government, counties, tribes, municipalities, and other public and private organizations; and

WHEREAS, the construction of an outdoor facility is currently being planned and would be designated for the purposes of Native American performing arts and competitive cultural events, which are anticipated to provide economic and social development and benefits for the people of South Dakota, Sioux Tribes, Hughes and Stanley Counties, and the municipalities of Pierre and Fort Pierre; and

WHEREAS, this outdoor facility would be built below the Oahe Dam on or about Campground Number Three and would be leased to the United Sioux Tribes of South Dakota Development Corporation:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the construction of an outdoor facility for Native American performing arts and competitive events is supported and encouraged, including the authorization of land to be leased by the State of South Dakota below the Oahe Dam on or about Campground Number Three to the United Sioux Tribes of South Dakota Development Corporation.

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

SCR 7: A CONCURRENT RESOLUTION, Requesting the Congress of the United States to provide level or increased funding for the Community Services Block Grant program.

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

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, March 3^rd, the 38^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. O'Brien moved that the report of the Conference Committee on SB 143 as found on page 726 of the House Journal be adopted.

The question being on Rep. O'Brien's motion that the report of the Conference Committee on SB 143 be adopted.

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Davis; Deadrick; Hunt

Excused:
Putnam

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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 35, 95, 144, and 183.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 6 and has appointed Sens. Earley, Bartling, and McCracken 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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 43 and has appointed Sens. Schoenbeck, Moore, and Gray 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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 67 and has appointed Sens. Schoenbeck, Abdallah, and Koetzle 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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 157 and has appointed Sens. Kooistra, Ed Olson, and Jim Peterson 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.

Respectfully,
Patricia Adam, Secretary

The Speaker appointed Reps. Klaudt, Putnam, and Dennert as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 6.

The Speaker appointed Reps. Cutler, O'Brien, and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 43.

The Speaker appointed Reps. O'Brien, Cutler, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 67.

The Speaker appointed Reps. Dykstra, Heineman, and Halverson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 157.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1095 and 1203 were delivered to his Excellency, the Governor, for his approval at 10:45 a.m., March 2, 2005.

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1024, 1180, 1262, 1263, and 1265 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1024: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents to cover certain cost increases affecting construction of the Lee Medicine and Science Hall renovation or replacement project at the University of South Dakota and to declare an emergency.

HB 1180: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning business improvement districts and to exempt general occupational tax receipts from the sales and gross receipts taxes.

HB 1262: FOR AN ACT ENTITLED, An Act to provide a partial exemption to the assessment of certain power generation facilities for property tax purposes.

HB 1263: FOR AN ACT ENTITLED, An Act to revise the definition of domestic abuse.

HB 1265: FOR AN ACT ENTITLED, An Act to provide for the redistricting of boards of county commissioners under certain circumstances and to declare an emergency.

SB 36: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept a gift of property from the South Dakota State University Foundation.

SB 58: FOR AN ACT ENTITLED, An Act to require insurers to cooperate with the Department of Social Services in the coordination of medical benefits.

SB 72: FOR AN ACT ENTITLED, An Act to include legal costs as allowable expenditures from the special education fund.

SB 96: FOR AN ACT ENTITLED, An Act to allow municipalities to offer certain services at public facilities and to declare an emergency.

SB 98: FOR AN ACT ENTITLED, An Act to provide for specific penalties for certain fifth and subsequent offense driving under the influence convictions.

SB 220: FOR AN ACT ENTITLED, An Act to establish the South Dakota Certified beef program, to create the South Dakota Certified beef fund, and to declare an emergency.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1033 Introduced by: Representatives Sigdestad, Bradford, Buckingham, Dennert, Elliott, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Haley, Halverson, Hargens, Haverly, Hennies, Jensen, Kroger, Lange, McLaughlin, Miles, Murschel, Novstrup, O'Brien, Rausch, Roberts, Schafer, Sebert, Street, Thompson, Valandra, and Van Norman and Senators Hanson (Gary), Abdallah, Bartling, Broderick, Duniphan, Gant, Hansen (Tom), Kelly, Kloucek, Knudson, Koetzle, Kooistra, McNenny, Moore, Nesselhuf, Peterson (Jim), Schoenbeck, Sutton (Dan), Sutton (Duane), and Two Bulls

A LEGISLATIVE COMMEMORATION, Honoring the State Champion Webster Bearcats High School wrestling team and the students and staff involved in the program.

WHEREAS, the Webster Bearcats won the State Class B High School Wrestling Championship, mounting a tremendous comeback to defeat the defending champions by a team score of 156 to 153 ½, and in the process, capturing their first wrestling championship since 1979; and

WHEREAS, the state championship team received crucial contributions from all of its members, which include Jordan Zenk, Kyle Bryant, Logan Storley, James Marx, Ryan Sjurson, Rick Schiley, Dave Schiley, Jason Munoz, Tyler Valsvig, Justin McClurg, Matt Kiefer, Greg Marx, Cody Paszek, Brent Fosheim, Brandon Block, and Rodney Schlechter; and

WHEREAS, Head Coach John Schiley and Assistant Coaches Leeron Paszek, Chris Johnson, Jeremy Larson, and Casey Baumgarn provided essential guidance and motivation to the team; and

WHEREAS, the team was inspired by the hard work and dedication of senior James Marx, who finished the season undefeated and captured the 112-pound state title and junior Dave Schiley, who lost only one match all year and won the 130-pound state title; and

WHEREAS, cheerleaders Shannon Jordan, Becca Kiefer, Kelli Kuecker, Sarah Michlitsch, and Emilee Wilkinson, under the supervision of Michelle Schiley, provided moral support to the wrestlers and the fans:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the South Dakota Legislature honors and commends the wrestlers, coaches, and students of the Webster Wrestling Team on winning the South Dakota Class B Wrestling Title.

HC 1034 Introduced by: Representatives Bradford, Boomgarden, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Elliott, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hargens, Haverly, Hennies, Hills, Howie, Jensen, Kroger, Lange, McCoy, Miles, Murschel, O'Brien, Pederson (Gordon), Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Valandra, Van Norman, Vehle, Wick, and Willadsen and Senators Two Bulls, Bartling, Hanson (Gary), Knudson, Koskan, and Nesselhuf

A LEGISLATIVE COMMEMORATION, Honoring Trevor Jacobs, the first wrestler from Pine Ridge to win a state wrestling title.

WHEREAS, Trevor Jacobs, the top-ranked wrestler in Class A at one hundred forty pounds, captured the first ever state title for Pine Ridge at the State Wrestling Tournament; and

WHEREAS, in his quest for the state championship, Trevor Jacobs demonstrated immense character, fortitude and perseverance; and

WHEREAS, his hard work and dedication is an inspiration to his school and community:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Trevor Jacobs be recognized for his commitment to the sport and for becoming Pine Ridge's first State Wrestling Champion.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 3:55 p.m. the House adjourned.

Karen Gerdes, Chief Clerk