JOURNAL OF THE HOUSE

EIGHTIETH SESSION  




THIRTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 3, 2005

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

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

     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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Ed Olson, Bogue, and Two Bulls 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 1222.

Respectfully,
Patricia Adam, Secretary

     Rep. Rhoden moved that the House do now recess until 1:00 p.m., which motion prevailed and at 10:05 a.m., the House recessed.

RECESS


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

     There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS


March 3, 2005

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 2, 2005, I approved House Bills 1098, 1169, 1188, and 1228, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


REPORTS OF CONFERENCE COMMITTEES


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MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 43 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 43 be amended as follows:

     On page 3, line 3 of the House Judiciary Committee engrossed bill, after " felony. " insert " However, a violation of subdivision (7) is a Class 2 felony. A second or subsequent violation of subdivision (7) is a Class 1 felony. ".

     On page 49, line 23, delete " first degree " .

     On page 50 , line 2, delete " first degree " .

Respectfully submitted,             Respectfully submitted,
Joni M. Cutler                    Lee Schoenbeck
House Committee Chair            Senate Committee Chair

MOTIONS AND RESOLUTIONS



    House Page Resolution 4 Introduced by: Representatives 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; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Eightieth Legislature of the State of South Dakota to Anastasia Albrecht, Heather Amdahl, Emily Brake, Mary Crary, Katie Harding, Caroline Johnson, Cindy Kranz, Holly Marshall, Alissa Miles, Mallory Nelson, Jennifer Nemec, Emily Oldenkamp.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Eightieth Legislative Session; and

    WHEREAS, the members of the Eightieth House of Representatives express their most sincere appreciation to these young people for their service to the state; and


    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eightieth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

     Rep. Rhoden moved that House Page Resolution 4 be adopted.

    Which motion prevailed and the resolution was adopted.

     Rep. Rhoden moved that the House do concur in Senate amendments to HB 1004.

     The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1004.

     And the roll being called:

     Yeas 60, Nays 1, Excused 9, Absent 0

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

     Nays:
Kroger

     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; Peters; Putnam; Rausch; Tidemann

     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. Rhoden moved that HB 1058 be placed to follow SCR 7 on today's calendar.

     Which motion prevailed and the bill was so placed.


     Rep. Rhoden moved that the House do not concur in Senate amendments to HB 1067 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.

     Which motion prevailed and the Speaker appointed as such committee Reps. Rhoden, Deadrick, and Hargens.

     Rep. Rhoden moved that HB 1082 be placed to follow HB 1058 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. Rhoden moved that HB 1122 be placed to follow HB 1261 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. McLaughlin moved that the House do concur in Senate amendments to HB 1149.

     The question being on Rep. McLaughlin's motion that the House do concur in Senate amendments to HB 1149.

     And the roll being called:

     Yeas 58, Nays 2, Excused 10, Absent 0

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

     Nays:
Buckingham; Hunt

     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; Olson (Ryan); Peters; Putnam; Rausch; Tidemann

     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. Heineman moved that the House do concur in Senate amendments to HB 1170.

     The question being on Rep. Heineman's motion that the House do concur in Senate amendments to HB 1170.

     And the roll being called:

     Yeas 56, Nays 4, Excused 10, Absent 0

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

     Nays:
Gillespie; Hargens; Hunt; Van Norman

     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; Olson (Ryan); Peters; Putnam; Rausch; Tidemann

     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.

     Rep. Rhoden moved that the House do concur in Senate amendments to HB 1212.

     The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1212.

     And the roll being called:

     Yeas 53, Nays 8, Excused 9, Absent 0

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

     Nays:
Davis; Dykstra; Elliott; Frost; Glover; Haley; Murschel; Van Etten


     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; Peters; Putnam; Rausch; Tidemann

     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. Rhoden moved that the House do not concur in Senate amendments to HB 1220 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.

     Which motion prevailed and the Speaker appointed as such committee Reps. Rhoden, McLaughlin, and Glenski.

     Rep. Bradford moved that the House do concur in Senate amendments to HB 1226.

     The question being on Rep. Bradford's motion that the House do concur in Senate amendments to HB 1226.

     And the roll being called:

     Yeas 60, Nays 0, Excused 10, Absent 0

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

     Excused:
Dennert; Glenski; Haverly; Hunhoff; Klaudt; O'Brien; Peters; Putnam; Rausch; Tidemann

     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. Deadrick moved that the House do concur in Senate amendments to HB 1252.

     The question being on Rep. Deadrick's motion that the House do concur in Senate amendments to HB 1252.

     And the roll being called:

     Yeas 56, Nays 1, Excused 13, Absent 0



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

     Nays:
Van Norman

     Excused:
Cutler; Dennert; Gillespie; Glenski; Haverly; Hennies; Hunhoff; Klaudt; O'Brien; Peters; Putnam; Rausch; Tidemann

     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. Dykstra moved that the House do not concur in Senate amendments to HB 1260 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.

     Which motion prevailed and the Speaker appointed as such committee Reps. Hunt, Garnos, and Hargens.

     Rep. Rhoden moved that the House do concur in Senate amendments to HB 1261.

     The question being on Rep. Rhoden's motion that the House do concur in Senate amendments to HB 1261.

     And the roll being called:

     Yeas 56, Nays 1, Excused 13, Absent 0

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

     Nays:
Van Norman


     Excused:
Cutler; Dennert; Gillespie; Glenski; Haverly; Hennies; Hunhoff; Klaudt; O'Brien; Peters; Putnam; Rausch; Tidemann

     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. Wick moved that the House do concur in Senate amendments to HB 1122.

     The question being on Rep. Wick's motion that the House do concur in Senate amendments to HB 1122.

     And the roll being called:

     Yeas 56, Nays 1, Excused 13, Absent 0

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

     Nays:
Hanks

     Excused:
Cutler; Dennert; Gillespie; Glenski; Haverly; Hennies; Hunhoff; Klaudt; O'Brien; Peters; Putnam; Rausch; Tidemann

     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.

    Speaker Pro tempore Deadrick now presiding.

     Rep. Michels moved that the House do concur in Senate amendments to HB 1264.

     The question being on Rep. Michels' motion that the House do concur in Senate amendments to HB 1264.

     And the roll being called:

     Yeas 57, Nays 0, Excused 13, Absent 0


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

     Excused:
Cutler; Dennert; Gillespie; Glenski; Haverly; Hennies; Hunhoff; Klaudt; O'Brien; Peters; Putnam; Rausch; Tidemann

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

     HCR 1021:   A CONCURRENT RESOLUTION,   Supporting the construction of an outdoor facility for Native American performing arts and competitive events.

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     Rep. Valandra moved that HCR 1021 be amended as follows:

     On page 1, line 14 of the printed resolution, delete " leased to " and insert "operated by".

     On page 2 , line 4, delete " to be leased by the State of South Dakota " .

     On page 2 , line 5, after " to " insert "be operated by".

     On page 2 , line 6, after " Corporation " insert "under an agreement with either the State of South Dakota or the United States Army Corps of Engineers".

     Which motion prevailed and HCR 1021 was so amended.

     Rep. Valandra moved that HCR 1021 as found on pages 756 and 757 of the House Journal be adopted as amended.

     The question being on Rep. Valandra's motion that HCR 1021 be adopted as amended.

     And the roll being called:

     Yeas 45, Nays 12, Excused 13, Absent 0


     Yeas:
Boomgarden; Bradford; Davis; Deadrick; Elliott; Faehn; Fryslie; Garnos; Gassman; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hills; Hunt; Jerke; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Vehle; Weems; Wick; Speaker Michels

     Nays:
Brunner; Buckingham; Dykstra; Frost; Howie; Jensen; Koistinen; Kraus; Rave; Rhoden; Van Etten; Willadsen

     Excused:
Cutler; Dennert; Gillespie; Glenski; Haverly; Hennies; Hunhoff; Klaudt; O'Brien; Peters; Putnam; Rausch; Tidemann

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1021 was adopted as amended.

     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.

     Rep. Boomgarden moved that SCR 7 as found on pages 704 and 705 of the Senate Journal be concurred in.

     The question being on Rep. Boomgarden's motion that SCR 7 be concurred in.

     And the roll being called:

     Yeas 55, Nays 2, Excused 13, Absent 0

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

     Nays:
Van Etten; Vehle

     Excused:
Cutler; Dennert; Gillespie; Glenski; Haverly; Hennies; Hunhoff; Klaudt; O'Brien; Peters; Putnam; Rausch; Tidemann

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 7 was concurred in.



     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 passed HB 1181, the Governor's veto notwithstanding.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1018 and 1019 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 Conference Committee on SB 43.

Respectfully,
Patricia Adam, Secretary

     Rep. Rhoden moved that the House do now recess until 4:00 p.m., which motion prevailed and at 2:25 p.m., the House recessed.

RECESS


     The House reconvened at 4:00 p.m., the Speaker presiding.

MESSAGES FROM THE SENATE

(continued)

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Knudson, Moore, and Bogue 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 1067.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Knudson, Moore, and Napoli 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 1220.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Koskan, Knudson, and Dan Sutton 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 1260.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Putnam moved that the House do concur in Senate amendments to HB 1058.

     The question being on Rep. Putnam's motion that the House do concur in Senate amendments to HB 1058.

     And the roll being called:

     Yeas 54, Nays 13, Excused 3, Absent 0

     Yeas:
Boomgarden; Brunner; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Krebs; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Buckingham; Frost; Hanks; Heineman; Hennies; Hills; Kraus; McCoy; Pederson (Gordon); Peters; Tidemann; Tornow; Turbiville

     Excused:
Bradford; Cutler; Valandra

     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.



     Rep. Putnam moved that the House do concur in Senate amendments to HB 1082.

     The question being on Rep. Putnam's motion that the House do concur in Senate amendments to HB 1082.

     And the roll being called:

     Yeas 61, Nays 7, Excused 2, Absent 0

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

     Nays:
Dykstra; Glover; Hargens; Hills; Rhoden; Thompson; Van Norman

     Excused:
Bradford; Cutler

     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.

     Rep. Rhoden moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and immediate consideration to a concurrent resolution urging Congress to submit to the states a balanced budget amendment to the United States Constitution.

     The question being on Rep. Rhoden's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and immediate consideration to a concurrent resolution urging Congress to submit to the states a balanced budget amendment to the United States Constitution.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0


     Yeas:
Boomgarden; Brunner; Buckingham; 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; Putnam; 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:
Bradford; Cutler

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

     HCR 1022   Introduced by:  Representatives Lange, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Dennert, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Koistinen, Krebs, Kroger, McCoy, McLaughlin, Michels, Miles, Murschel, Novstrup, Olson (Ryan), Pederson (Gordon), Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Van Etten, Van Norman, Weems, Wick, and Willadsen and Senators Hundstad, Abdallah, Broderick, Kelly, Kloucek, Kooistra, McNenny, Moore, Peterson (Jim), and Sutton (Dan)

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

     WHEREAS,  since statehood, South Dakota has always been constitutionally required to balance her annual budget and operate on a pay-as-you-go basis; and

     WHEREAS,  South Dakota has been well served by her constitutional provisions against contracting budget debt; and

     WHEREAS,  South Dakota's fiscally conservative citizens have believed for decades that the federal government should exercise appropriate fiscal restraint; and

     WHEREAS,  the principal functions of the United States Constitution include promoting the broadest principles of a government of, by, and for the people; setting forth the most fundamental responsibilities of government; and enumerating and limiting the powers of the government to protect the basic rights of the people; and

     WHEREAS,  the United States Constitution vests the ultimate responsibility to approve or disapprove of amendments to the United States Constitution with the people of the several states, as represented by their elected legislatures:

     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 Legislature of the State of South Dakota requests the members of the Congress of the United States to expeditiously pass, and to propose to all state Legislatures for ratification, an amendment to the United States Constitution requiring, in the absence of a national emergency, war, or recession, that the total of all federal appropriations made by the Congress for any fiscal year not exceed the total of all estimated federal revenue for that fiscal year; and

     BE IT FURTHER RESOLVED,  that the Legislatures of each state comprising the United States be urged to apply to the Congress requesting the proposal for ratification of a balanced budget amendment to the United States Constitution.

     Was read the first time.

     Rep. Lange moved that HCR 1022 be adopted.

     The question being on Rep. Lange's motion that HCR 1022 be adopted.

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, 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; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Dykstra; Kraus; Street

     Excused:
Hennies

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1022 was adopted.

     Rep. Hargens moved that the rules be suspended for the sole purpose of introducing and waiving placement on the calendar a House Commemoration recognizing and honoring Carole Skinner of Miller for earning the title of Whistling Entertainer of the Year in 2004.

     The question being on Rep. Hargens' motion that the rules be suspended for the sole purpose of introducing and waiving placement on the calendar a House Commemoration recognizing and honoring Carole Skinner of Miller for earning the title of Whistling Entertainer of the Year in 2004.



     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; 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; Putnam; 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:
Hennies

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

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Friday, March 4th, the 39th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Dykstra moved that the report of the Conference Committee on SB 214 as found on page 746 of the House Journal be adopted.

     The question being on Rep. Dykstra's motion that the report of the Conference Committee on SB 214 be adopted.

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; 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; Putnam; 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:
Buckingham

     Excused:
Hennies

     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.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1024, 1180, 1262, 1263, and 1265 were delivered to his Excellency, the Governor, for his approval at 10:30 a.m., March 3, 2005.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House has, pursuant to the Governor's veto of HB 1210, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 11:45 a.m., March 3, 2005.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1004, 1042, 1093, 1122, 1139, 1149, 1152, 1170, 1202, 1212, 1226, 1233, 1240, 1248, 1252, 1261, and 1264 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1004: FOR AN ACT ENTITLED, An Act to  require that certain financial information concerning fund balances be reported to the Legislature.

     HB 1042: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding abandoned motor vehicles.



     HB 1093: FOR AN ACT ENTITLED, An Act to  allow certain nonpublic school students to participate in interscholastic activities at other nonpublic schools.

     HB 1122: FOR AN ACT ENTITLED, An Act to  provide certain contractor's excise, sales, and use tax refunds.

     HB 1139: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to energy conservation measures.

     HB 1149: FOR AN ACT ENTITLED, An Act to  allow the Department of Education to enter into certain enrollment agreements with the State of North Dakota and to compensate certain school districts for lost revenue due to the agreements.

     HB 1152: FOR AN ACT ENTITLED, An Act to  establish an internal service fund for municipal equipment purchases.

     HB 1170: FOR AN ACT ENTITLED, An Act to  provide for the certification of distance learning providers and to authorize the Board of Education to promulgate rules relating to distance learning courses and to declare an emergency.

     HB 1202: FOR AN ACT ENTITLED, An Act to  provide for a salvage title.

     HB 1212: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to professional and occupational licensing boards.

     HB 1226: FOR AN ACT ENTITLED, An Act to  establish certain notice provisions related to the custody and placement of Indian children.

     HB 1233: FOR AN ACT ENTITLED, An Act to  establish a task force to study abortion and to provide for its composition, scope, and administration.

     HB 1240: FOR AN ACT ENTITLED, An Act to  require that notice of certain tax equalization decisions be published.

     HB 1248: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding money lenders.

     HB 1252: FOR AN ACT ENTITLED, An Act to  approve the state prairie dog management plan and to require that amendments to the plan be approved by the Legislature.

     HB 1261: FOR AN ACT ENTITLED, An Act to  provide for the refund of the sales and contractor's excise tax for significant capital investment and large job-creation projects.

     HB 1264: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the Constitutional Revision Commission.

     SB 17: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the authority of the Public Utilities Commission with regard to wind energy facilities.



     SB 35: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a replacement manager's dwelling at the Cottonwood Research Station, to dispose of the existing dwelling on this site, and to make an appropriation therefor.

     SB 60: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to child support.

     SB 95: FOR AN ACT ENTITLED, An Act to  authorize account wagering and multi- jurisdictional simulcasting and interactive wagering totalizator hubs and to revise certain provisions regarding pari-mutuel racing.

     SB 109: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the modification of credit card agreements.

     SB 119: FOR AN ACT ENTITLED, An Act to  authorize the transfer of a motor vehicle title to satisfy an unpaid motor vehicle repair bill under certain conditions.

     SB 139: FOR AN ACT ENTITLED, An Act to  establish certain requirements for insurance policies covering certain long-term care services.

     SB 143: FOR AN ACT ENTITLED, An Act to  adopt the Uniform Environmental Covenants Act.

     SB 144: FOR AN ACT ENTITLED, An Act to  limit the personal liability of persons in professional corporations and limited liability companies.

     SB 178: FOR AN ACT ENTITLED, An Act to  provide for the creation of county interdisciplinary child information teams and to regulate their memberships, authority, and responsibilities.

     SB 183: FOR AN ACT ENTITLED, An Act to  provide for the conveyance of certain lands dedicated to public purposes that have become impossible or impractical.

     SB 191: FOR AN ACT ENTITLED, An Act to  establish certain conditions related to the issuance of hunting and fishing licenses.

     SB 193: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the performance of abortions on unemancipated minors and those found to be incompetent.

     And signed the same in the presence of the House.


COMMEMORATIONS


     HC 1035   Introduced by:  Representatives Hargens and Rhoden and Senators Hundstad and Adelstein

         A LEGISLATIVE COMMEMORATION,  Recognizing and honoring Carole Skinner of Miller for earning the title of Whistling Entertainer of the Year in 2004.

     WHEREAS,  Carole Skinner of Miller earned the titles of Whistling Entertainer of the Year in 2004 and Female International Whistling Champion for two consecutive years, 2002 and 2003, at the International Whistler's Convention held each year in Louisburg, North Carolina. Carole was unable to compete for one year because of her two previous successes; and

     WHEREAS,  Carole, a retired farm wife and rural mail carrier, has performed at least seventy different programs at various sites including care centers, county and state fairs, at the Wizard of Oz Festival, at Branson, Missouri, and most notably, for a crowd of six thousand eight hundred people at the Bill Gaither Homecoming Concert held in Sioux Falls in 2003; and

     WHEREAS,  Carole, who began whistling when she was just little girl and had no musical training until recently when she started taking piano lessons, uses every opportunity to promote the lost art of whistling and to share her special and unique whistling talents with those around her:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Carole Skinner of Miller be recognized and honored as the Whistling Entertainer of the Year in 2004.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 4:58 p.m. the House adjourned.

Karen Gerdes, Chief Clerk