The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of
Allegiance led by House pages Caleb Finck and Brittany Fischer.
Roll Call: All members present except Rep. Deelstra who was excused.
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 and Members of the House of Representatives:
I have the honor to inform you that on March 10, 2011, I approved House Bills 1034, 1040,
1053, 1069, 1149, 1155, 1157, 1174, 1175, 1230, and 1256, and the same have been deposited
in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
Rep. Lust moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine
die for the Eighty-sixth Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust,
and Bernie Hunhoff.
Rep. Lust moved that the a committee of three on the part of the House be appointed to
meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor,
to inform him that the Legislature has completed its labors and is ready to adjourn sine die and
to ascertain if he has any further communications to make to the Legislature.
Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust,
and Bernie Hunhoff.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Monday, March 28th, the 38th legislative day.
Which motion prevailed.
Rep. Lust moved that the report of the Standing Committee on
Appropriations on HB 1251 as found on pages 717 to 722 of the House Journal be adopted.
Which motion prevailed.
HB 1251: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
Was read the second time.
" (3) Nonrecurring District Allocation
Personal Services $0 $0 $0 $0
Operating Expenses $36,000,000 $0 $0 $36,000,000
Total $36,000,000 $0 $0 $36,000,000
F.T.E. 0.0
Adjust all totals accordingly.
" Section 36. The state treasurer shall transfer to the state general fund thirty six million
dollars ($36,000,000) from the earnings in the education enhancement trust fund.".
DESCRIPTION: Department of Education: State aid to education - one-time payment of money
from the education enhancement trust fund earnings.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Lucas' motion that HB 1251 be amended.
And the roll being called:
Yeas 21, Nays 48, Excused 1, Absent 0
Yeas:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron
Cloud III; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Schrempp; Sigdestad; Street;
Stricherz; Wismer
Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Dryden; Gosch; Greenfield;
Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lust;
Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry;
Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Excused:
Deelstra
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Adjust all totals accordingly.
" Section 36. The state treasurer shall transfer to the state general fund fifteen million dollars
($15,000,000) from the health care trust fund.".
DESCRIPTION: Department of Social Services: Transfer $15 million from the health care trust
fund for the purpose of increasing funding to providers.
Rep. Cronin moved the previous question.
Which motion prevailed.
A roll call vote was requested and supported.
The question being on Rep. Wismer's motion that HB 1251 be amended.
And the roll being called:
Yeas 20, Nays 49, Excused 1, Absent 0
Yeas:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Iron
Cloud III; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Schrempp; Sigdestad; Street;
Wismer
Excused:
Deelstra
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Carson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1251 pass as amended?"
And the roll being called:
Yeas 46, Nays 23, Excused 1, Absent 0
Yeas:
Abdallah; Boomgarden; Carson; Conzet; Cronin; Dryden; Gosch; Greenfield; Haggar; Hansen
(Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Lust; Magstadt; Miller;
Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Romkema; Rozum;
Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch
Nays:
Blake; Bolin; Brunner; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff
(Bernie); Iron Cloud III; Jones; Killer; Kirschman; Kloucek; Liss; Lucas; Perry; Schrempp;
Sigdestad; Street; Wismer
Excused:
Deelstra
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Gosch moved that the House do now recess until 12:00 p.m., which motion prevailed
and at 10:35 a.m., the House recessed.
The House reconvened at 12:00 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to return herewith HB 1251 which has passed the Senate without change.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on HB 1208.
I have the honor to inform your honorable body that the Senate has appointed Sens.
Tieszen, Krebs, and Hunstad as a committee of three to meet with a like committee on the part
of the House to fix the time of adjournment sine die.
I have the honor to inform your honorable body that the Senate has appointed Sens. Olson,
Brown, and Frerichs as a committee of three to meet with a like committee on the part of the
House to wait upon his Excellency, the Governor, to inform him that the Legislature has
completed its labors, is ready to adjourn sine die, and to ascertain if he has any further
communications to make to the Legislature.
The Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the Governor's veto of HB 1192, overridden that veto and delivered the same
to his Excellency, the Secretary of State, for filing at 8:45 a.m., March 11, 2011.
The Committee on Legislative Procedure respectfully reports that HB 1093, 1110, 1208,
1235, 1245, 1248, and 1251 were delivered to his Excellency, the Governor, for his approval
at 12:56 p.m., March 11, 2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1208 and 1251 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1208: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to public
schools to allow school districts to operate more economically.
HB 1251: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
And signed the same in the presence of the House.
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
12:59 p.m. the House adjourned.