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.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Knudson, Olson, and Heidepriem as a committee of three on the part of the Senate to meet with
a like committee on the part of the House to adjust the differences between the two houses on
HB 1082.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on SB 41 and no new committee was appointed.
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 2.
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.
The House proceeded to the consideration of the recommendation of the Governor as to
change of style and form of HB 1026 as found on page 762 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 1026 be approved?”
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Excused:
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.
Which motion prevailed.
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski;
Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen;
Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup
(David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters;
Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann;
Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Hanks; Howie; Van Norman
Rep. Rhoden moved that the consideration of the executive veto of HB 1174 be placed to
follow consideration of reports of Conference Committees on today's calendar.
Rep. Buckingham moved that the report of the Conference Committee on SB 195 as found
on page 763 of the House Journal be adopted.
The question being on Rep. Buckingham's motion that the report of the Conference
Committee on SB 195 be adopted.
And the roll being called:
Yeas:
Nays:
Excused:
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.
Rep. Pederson moved that the report of the Conference Committee on SB 2 as found on
page 788 of the House Journal be adopted.
The question being on Rep. Pederson's motion that the report of the Conference Committee
on SB 2 be adopted.
And the roll being called:
Yeas 56, Nays 11, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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.
Yeas 60, Nays 7, Excused 3, Absent 0
Ahlers; Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer;
Dykstra; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Hackl; Halverson; Haverly;
Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles;
Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell);
Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds;
Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle;
Weems; Wick; Willadsen; Speaker Deadrick
Bradford; Burg; Elliott; Gillespie; Hargens; Lucas; Moore
Hanks; Howie; Van Norman
Ahlers; Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer;
Dykstra; Faehn; Gassman; Gilson; Glenski; Hackl; Halverson; Haverly; Heineman; Hills; Hunt;
Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem;
Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson
(Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Street; Tidemann;
Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Bradford; Burg; Elliott; Engels; Feinstein; Gillespie; Hargens; Moore; Nygaard; Sigdestad;
Thompson
Hanks; Howie; Van Norman
There being no objection, the House reverted to Order of Business No. 7.
Rep. Rhoden moved that the rules be suspended for the sole purpose of placing HB 1084
and 1171 on today's calendar.
The question being on Rep. Rhoden's motion that the rules be suspended for the sole
purpose of placing HB 1084 and 1171 on today's calendar.
And the roll being called:
Yeas 66, Nays 1, Excused 3, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
Which motion prevailed and the Speaker appointed as such committee Reps. Dykstra, Rave,
and Gillespie.
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski;
Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen;
Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (David); Nygaard;
Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Rausch; Rave;
Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van
Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Novstrup (Al)
Hanks; Howie; Putnam
Rep. Rhoden moved that the House do not concur in Senate amendments to HB 1084 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.
The House reconvened at 10:30 a.m., the Speaker Pro tempore presiding.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
McNenny, Gray, and 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 on
HB 1084.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Knudson, Olson, and Heidepriem as a committee of three on the part of the Senate to meet with
a like committee on the part of the House to adjust the differences between the two houses on
HB 1171.
I have the honor to return herewith HCR 1009 in which the Senate has concurred.
Also MR. SPEAKER:
The House reconvened at 12:00 p.m., the Speaker Pro tempore presiding.
"
Section 45. The attorney general may bring an action for a civil penalty against any person,
political committee, political party, or organization that violates section 16 or 17 of this Act, in
addition to any other penalties provided by law. The civil penalty may not exceed two thousand
dollars for each violation.".
"
Section 45. Any candidate or candidate campaign committee for legislative office that has
spent less than ten thousand dollars and has received less than ten thousand dollars in
contributions and loans by the fifteenth day before any primary or general election is only
required to file a campaign finance disclosure statement containing the information required in
subdivisions (1), (2), (8), (10), and (29) of section 24 of this Act before any election.".
The House reconvened at 3:00 p.m., the Speaker Pro tempore presiding.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the reports
of the Conference Committees on HB 1048 and 1176.
The House reconvened at 3:30 p.m., the Speaker Pro tempore presiding.
The House reconvened at 4:00 p.m., the Speaker presiding.
Rep. Rhoden moved that the report of the Conference Committee on HB 1048 as found on
pages 809 and 810 of the House Journal be adopted.
The question being on Rep. Rhoden's motion that the report of the Conference Committee
on HB 1048 be adopted.
And the roll being called:
Yeas 45, Nays 22, Excused 3, Absent 0
Yeas:
Nays:
Excused:
Rep. Dykstra moved that the report of the Conference Committee on HB 1176 as found
on page 811 of the House Journal be adopted.
Rep. Dykstra moved that the consideration of the report of the Conference Committee on
HB 1176 be placed at the bottom of today's calendar.
Which motion prevailed.
Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn; Gilson; Hackl;
Halverson; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust;
McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell);
Olson (Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Steele; Tidemann;
Turbiville; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Ahlers; Boomgarden; Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie;
Glenski; Hargens; Lucas; Miles; Moore; Nygaard; Peters; Rounds; Sigdestad; Street; Thompson;
Van Norman
Hanks; Howie; Van Etten
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.
"
"
Section 2. The Teacher Compensation Assistance Program Oversight Board shall annually
monitor the progress of participating school districts with their teacher compensation assistance
plans, and submit its findings to the Board of Education.".
"
; and
"
Section 2. That chapter
13-6
be amended by adding thereto a NEW SECTION to read as
follows:
another school district or school districts to create a newly reorganized school district with a fall
enrollment of one hundred or greater. Any school district that is not sparse and has a fall
enrollment of one hundred or less on July 1, 2007, shall prepare a plan for reorganization by
June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse
falls to one hundred or below, that school district shall prepare a plan for reorganization within
two years. If any such district fails to prepare a plan for reorganization by the deadline, the Board
of Education shall prepare a reorganization plan for the district. However, the provisions of this
section do not apply to any school district that contracts with a school district in another state
pursuant to
§
13-15-11 to provide for the education of children in grades seven through twelve
who reside within the district, that receives no foundation program state aid distributed pursuant
to chapter 13-13, and that is located at least twenty-five miles from the nearest high school in
an adjoining school district in the state.
Section 3. That
§
13-6-92
be amended to read as follows:
13-6-92.
If two or more school districts consolidate after July 1, 2001
and prior to July 1,
2007
, the new school district is entitled to an additional three hundred dollars per average daily
membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily
membership from each school district or
a prorated portion thereof from a
partial school district
as it existed prior to consolidation for the first year after consolidation. If two or more school
districts consolidate after July 1, 2001
and prior to July 1, 2007
, the new school district is
entitled to an additional two hundred dollars per average daily membership as defined in § 13-13-
10.1, up to a maximum of four hundred average daily membership from each school district or
a prorated portion thereof from a
partial school district as it existed prior to consolidation for
the second year after consolidation. If two or more school districts consolidate after July 1, 2001
and prior to July 1, 2007
, the new school district is entitled to an additional one hundred dollars
per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred
average daily membership from each school district or
a prorated portion thereof from a
partial
school district as it existed prior to consolidation for the third year after consolidation.
"
Section 7. That
§
13-13-1.4
be amended to read as follows:
13-13-1.4.
If two or more school districts consolidate, for a period of four years after
consolidation, the
adjusted average daily membership
small school adjustment
for the newly
formed district shall be
based upon the average daily membership as defined in § 13-13-10.1 of
those school districts that have not previously benefited from this section as they existed prior
to consolidation. In years two to four, inclusive, after the consolidation, the relationship between
the adjusted average daily membership and average daily membership shall be proportional to
the relationship that existed for the first year
calculated by subtracting the sum of the average
daily membership of the consolidating districts as they existed prior to consolidation from the
sum of the adjusted average daily membership of the consolidated districts as they existed prior
to consolidation, and dividing the difference by the sum of the average daily membership of the
consolidated districts as they existed prior to consolidation. The resulting quotient is multiplied
by $4,237.72. Only school districts who have not previously benefited from this section may be
included in this calculation
.
".
"
Section 26. That
§
13-13-72
be amended to read as follows:
13-13-72.
It is the policy of the Legislature that the appropriation for the state aid to
education foundation program increase on an annual basis by the percentage increase in local
need on an aggregate statewide basis so that the relative proportion of local need paid by local
effort and state aid shall remain constant.
However, the increase in the per student allocation on
an annual basis that exceeds three percent shall be paid solely by the state and is not a factor in
this policy.
".
The House reconvened at 4:50 p.m., the Speaker presiding.
Rep. Rhoden moved that the report of the Conference Committee on SB 157 as found on
pages 816 to 819 of the House Journal be adopted.
Rep. Hargens moved as a substitute motion that the House do not adopt the report of the
Conference Committee on SB 157 and that a new committee be appointed.
Rep. Rhoden moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Hargens' substitute motion that the House do not adopt the
report of the Conference Committee on SB 157 and that a new committee be appointed.
And the roll being called:
Yeas 26, Nays 41, Excused 3, Absent 0
Nays:
Excused:
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. Rhoden's motion that the report of the Conference Committee
on SB 157 be adopted.
And the roll being called:
Yeas 37, Nays 30, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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.
Rep. Hargens moved as a substitute motion that the House do not adopt the report of the
Conference Committee on HB 1171 and that a new committee be appointed.
Rep. Rhoden moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Hargens' substitute motion that the House do not adopt the
report of the Conference Committee on HB 1171 and that a new committee be appointed.
And the roll being called:
Yeas 23, Nays 44, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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. Rhoden's motion that the report of the Conference Committee
on HB 1171 be adopted.
And the roll being called:
Yeas 49, Nays 18, Excused 3, Absent 0
Nays:
Excused:
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 report was adopted.
Rep. Rhoden moved that the report of the Conference Committee on HB 1082 as found on
page 815 of the House Journal be adopted.
The question being on Rep. Rhoden's motion that the report of the Conference Committee
on HB 1082 be adopted.
And the roll being called:
Yeas 61, Nays 6, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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.
The question being on Rep. Hunt's motion that the report of the Conference Committee on
SB 180 be adopted.
And the roll being called:
Yeas 66, Nays 1, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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.
Yeas:
Ahlers; Boomgarden; Bradford; Burg; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman;
Gillespie; Glenski; Halverson; Hargens; Jerke; Koistinen; Lucas; Miles; Moore; Nelson; Nygaard;
Olson (Betty); Sigdestad; Street; Thompson; Van Norman
Brunner; Buckingham; Carson; Cutler; Davis; Dreyer; Dykstra; Faehn; Gilson; Hackl; Haverly;
Heineman; Hills; Hunt; Juhnke; Kirkeby; Krebs; Lust; McLaughlin; Noem; Novstrup (Al);
Novstrup (David); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam;
Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Vanneman; Vehle; Weems; Wick;
Willadsen; Speaker Deadrick
Hanks; Howie; Van Etten
Brunner; Buckingham; Carson; Cutler; Davis; Dreyer; Dykstra; Faehn; Gilson; Hackl; Haverly;
Heineman; Hills; Hunt; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Olson (Russell);
Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rhoden; Rounds; Steele;
Tidemann; Turbiville; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Ahlers; Boomgarden; Bradford; Burg; Dennert; DeVries; Elliott; Engels; Feinstein; Gassman;
Gillespie; Glenski; Halverson; Hargens; Jerke; Lucas; Miles; Moore; Nelson; Noem; Novstrup
(Al); Novstrup (David); Nygaard; Olson (Betty); Rave; Sigdestad; Street; Thompson; Van
Norman; Vanneman
Hanks; Howie; Van Etten
Rep. Rhoden moved that the report of the Conference Committee on HB 1171 as found on
page 815 of the House Journal be adopted.
Ahlers; Bradford; Burg; Cutler; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski;
Halverson; Hargens; Jerke; Lucas; Miles; Moore; Nelson; Nygaard; Sigdestad; Street;
Thompson; Van Norman
Boomgarden; Brunner; Buckingham; Carson; Davis; DeVries; Dreyer; Dykstra; Faehn; Gilson;
Hackl; Haverly; Heineman; Hills; Hunt; Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin;
Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan);
Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann;
Turbiville; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Hanks; Howie; Van Etten
Yeas:
Ahlers; Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra;
Faehn; Gilson; Hackl; Halverson; Haverly; Heineman; Hills; Hunt; Juhnke; Kirkeby; Koistinen;
Krebs; Lucas; Lust; McLaughlin; Noem; Novstrup (Al); Novstrup (David); Olson (Betty); Olson
(Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden;
Rounds; Sigdestad; Steele; Tidemann; Turbiville; Vanneman; Vehle; Weems; Wick; Willadsen;
Speaker Deadrick
Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Glenski; Hargens; Jerke;
Miles; Moore; Nelson; Nygaard; Street; Thompson; Van Norman
Hanks; Howie; Van Etten
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries;
Dreyer; Dykstra; Elliott; Faehn; Feinstein; Gillespie; Gilson; Glenski; Hackl; Halverson; Hargens;
Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust;
McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty);
Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave;
Rhoden; Rounds; Sigdestad; Steele; Thompson; Tidemann; Turbiville; Vanneman; Vehle;
Weems; Wick; Willadsen; Speaker Deadrick
Bradford; Engels; Gassman; Moore; Street; Van Norman
Hanks; Howie; Van Etten
Rep. Hunt moved that the report of the Conference Committee on SB 180 as found on
pages 811 and 812 of the House Journal be adopted.
Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries;
Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl;
Halverson; Hargens; Haverly; Heineman; Hills; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs;
Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David);
Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts;
Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann;
Turbiville; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Bradford
Hanks; Howie; Van Etten
The House proceeded to the reconsideration of HB 1174 pursuant to the veto of the
Governor and the veto message found on page 787 of the House Journal as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.
Rep. Feinstein moved the previous question.
Which motion prevailed.
And the roll being called:
Yeas 48, Nays 19, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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.
There being no objection, the House reverted to Order of Business No. 7.
The question being “Shall HB 1174 pass, the veto of the Governor notwithstanding?”
Ahlers; Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Dennert; DeVries; Dreyer;
Dykstra; Elliott; Engels; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson;
Hargens; Haverly; Heineman; Hills; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles;
Nelson; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Peters; Pitts; Rausch; Rave;
Rhoden; Sigdestad; Street; Thompson; Tidemann; Turbiville; Van Norman; Wick
Buckingham; Davis; Faehn; Hunt; Jerke; Juhnke; Moore; Noem; Olson (Russell); Olson (Ryan);
Pederson (Gordon); Putnam; Rounds; Steele; Vanneman; Vehle; Weems; Willadsen; Speaker
Deadrick
Hanks; Howie; Van Etten
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on HB 1082.