JOURNAL OF THE HOUSE

SPECIAL SESSION OF THE EIGHTY-SIXTH SESSION

FIRST DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, October 24, 2011

BE IT REMEMBERED, That on the twenty-fourth day of October, A.D., two thousand eleven, at the hour of ten o'clock meridian, being the day and hour named by the presiding officers of both houses of the Legislature, for convening of the Legislature in Special Session, the House was called to order by Jason M. Gant, the Secretary of State of the state of South Dakota.

The following prayer was offered by the Chaplain, Pastor Brad Urbach, Faith Lutheran Church, Pierre, South Dakota:

Dear Holy and Gracious Father,

We thank you for this glorious October morning and for safe journeys to Pierre for the men and women of this House. We pray for your blessings of wisdom upon them as they seek to provide legislative districts in which all South Dakotans have a fair and democratic voice. We also pray your blessings upon all South Dakota National Guardsmen who serve our state and nation. We pray for their safety. Continue to bless our communities as they rebuild following this summer's flooding.

Father, bless the proceedings of this day.

This I would ask in the name of Christ, my Lord, Amen.

The Pledge of Allegiance to the flag was recited by all present.

I, JASON M. GANT, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the House of Representatives at the general election held on November 2, 2010, are hereby certified as members of the House of Representatives of the 2011-2012 Legislative Sessions:

District No. 1    Day, Marshall and Roberts Counties
            Susan Wismer, Britton
            David Sigdestad, Pierpont

District No. 2    Brown and Spink Counties
        H. Paul Dennert, Columbia
        Elaine M. Elliott, Aberdeen

District No. 3    Brown and McPherson Counties
        Dennis Feickert, Aberdeen
        David Novstrup, Aberdeen

District No. 4    Brookings, Deuel, Grant and Moody Counties
        Steve Street, Revillo
        Val Rausch, Big Stone City

District No. 5    Codington County
        Roger Solum, Watertown
        Melissa Magstadt, Watertown

District No. 6    Beadle, Clark, Codington, Hamlin and Kingsbury Counties
        Brock L. Greenfield, Clark
        Burt E. Tulson, Lake Norden

District No. 7    Brookings County
        Spencer Hawley, Brookings
        Scott Munsterman, Brookings

District No. 8    Lake, Miner, Moody and Sanborn Counties
        Mitch Fargen, Flandreau
        Patricia K. Stricherz, Winfred

District No. 9    Minnehaha County
        Bob Deelstra, Hartford
        Steve Hickey, Sioux Falls

District No. 10    Lincoln and Minnehaha Counties
        Gene G. Abdallah, Sioux Falls
        Roger Hunt, Brandon

District No. 11    Lincoln and Minnehaha Counties
        Mark K. Willadsen, Sioux Falls
        Lora Hubbel, Sioux Falls

District No. 12    Lincoln and Minnehaha Counties
        Manny Steele, Sioux Falls
        Hal Wick, Sioux Falls

District No. 13    Minnehaha County
        Susy Blake, Sioux Falls
        Brian C. Liss, Sioux Falls

District No. 14    Minnehaha County
        Marc S. Feinstein, Sioux Falls
        R. Shawn Tornow, Sioux Falls

District No. 15    Minnehaha County
        Patrick A. Kirschman, Sioux Falls
        Jenna Haggar, Sioux Falls

District No. 16    Lincoln and Union Counties
        Jim Bolin, Canton
        Patty Miller, North Sioux City

District No. 17    Clay and Turner Counties
        Tom Jones, Viborg
        Jamie M. Boomgarden, Chancellor

District No. 18    Yankton County
        Bernie Hunhoff, Yankton
        Nick G. Moser, Yankton

District No. 19    Bon Homme, Douglas, Hutchinson and Turner Counties
        Frank J. Kloucek, Scotland
        Edward E. Van Gerpen, Avon

District No. 20    Aurora and Davison Counties
        Lance Carson, Mitchell
        Tona Rozum, Mitchell

District No. 21    Brule, Buffalo, Charles Mix, Jones and Lyman Counties
        Kent Juhnke, Vivian
        James Schaefer, Kennebec

District No. 22    Beadle, Hand and Jerauld Counties
        Peggy Gibson, Huron
        Jim White, Huron

District No. 23    Campbell, Edmunds, Faulk, Hyde, McPherson, Potter and Walworth
        Counties
        Justin R. Cronin, Gettysburg
        Charles B. Hoffman, Eurkea

District No. 24    Hughes, Stanley and Sully Counties
        Mark E. Venner, Pierre
        Tad Perry, Ft. Pierre

District No. 25    Hanson, McCook and Minnehaha Counties
        Stace Nelson, Fulton
        Jon Hansen, Dell Rapids

District No. 26A Mellette and Todd Counties
Larry J. Lucas, Mission

District No. 26B Gregory and Tripp Counties
Kim Vanneman, Ideal

District No. 27    Bennett, Haakon, Jackson and Shannon Counties
        Kevin Killer, Pine Ridge
        Ed Iron Cloud III, Porcupine

District No. 28A Corson, Dewey and Ziebach Counties
Dean Schrempp, Lantry

District No. 28B Butte, Corson, Harding, Meade and Perkins Counties
Betty Olson, Prairie City

District No. 29    Butte and Meade Counties
        Thomas J. Brunner, Nisland
        Dean Wink, Howes

District No. 30    Custer, Fall River and Pennington Counties
        Mike Verchio, Hill City
        Lance S. Russell, Hot Springs

District No. 31    Lawrence County
        Charles M. Turbiville, Deadwood
        Fred W. Romkema, Spearfish

District No. 32    Pennington County
        Brian Gosch, Rapid City
        Kristin Conzet, Rapid City

District No. 33    Meade and Pennington Counties
        Jacqueline Sly, Rapid City
        Phil Jensen, Rapid City

District No. 34    Pennington County
        David Lust, Rapid City
        Dan Dryden, Rapid City

District No. 35    Pennington County
        Mark Kirkeby, Rapid City
        Don "Pete" Kopp, Rapid City

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 24^th day of October, 2011.

(SEAL)

Jason M. Gant

Secretary of State

When the roll was called, all members were present except Reps. Iron Cloud III and Magstadt who were excused.

MOTIONS AND RESOLUTIONS

Rep. Lust moved that the House proceed with the election of officers of the House of Representatives.

Which motion prevailed.

Rep. Lust moved that the following officers of the regular Eighty-sixth Legislative Session: Speaker of the House, Val Rausch; Speaker Pro tempore, Brian Gosch; and Chief Clerk of the House, Karen Gerdes; who are now present be declared elected in their respective offices for the Special Session.

The question being on Rep. Lust's motion that the officers of the Special Session be elected.

And the roll being called:

Those voting for the officers were:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Iron Cloud III; Magstadt

So the motion having received an affirmative vote of a majority of the members-elect, the Secretary of State declared the officers duly elected.

The oath of office was administered to Speaker of the House, Val Rausch; Speaker Pro tempore, Brian Gosch; and Chief Clerk of the House, Karen Gerdes, by the Honorable Justice David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota, and the same was subscribed to and placed on file in the office of the Secretary of State.

Jason M. Gant, Secretary of State, turned the gavel over to Speaker Rausch.

Speaker Rausch now presiding.

The Speaker announced the appointment of the following employees of the House of Representatives of the Special Session of the Eighty-sixth Legislative Session: First Assistant Chief Clerk, Arlene Kvislen; Second Assistant Chief Clerk, Carolyn Perry; Sergeant at Arms, Melvin Chandler; and Assistant Sergeant at Arms, Jim Smith, who are now present be declared appointed in their respective offices for the Special Session.

The oath of office was administered to the following employees by Speaker Rausch, and the same was subscribed to and placed on file in the office of the Secretary of State.

    First Assistant Chief Clerk - Arlene Kvislen
    Second Assistant Chief Clerk - Carolyn Perry
    Sergeant at Arms - Melvin Chandler
    Assistant Sergeant at Arms - Jim Smith

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 relative to the joint rules for the two houses for the Special Session of 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 a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust, and Bernie Hunhoff.

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.

Which motion prevailed and the Speaker appointed as such committee Reps. Rausch, Lust, and Bernie Hunhoff.

The Speaker announced the appointment of the following standing committee:

**Denotes Chair
*Denotes Vice-Chair

LEGISLATIVE PROCEDURE (7)

**Rausch, *Gosch, Cronin, Hunt, Lust, Fargen, Bernie Hunhoff

REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Eighty-sixth Legislative Session be adopted with the following exceptions:

Whereas Article III, Section 31 of the South Dakota Constitution empowers the Legislature to call itself into special session and the Legislature having issued a proclamation calling a special session for the sole purpose of redistricting the Legislature and the Supreme Court, and

Whereas Article III, Section 9 of the South Dakota Constitution provides that the Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed for the purpose of preparing rules for the Special Session respectfully reports that the rules of the regular session of the Eighty-sixth Legislative Session be made the rules of the Senate and House during the Special Session with the following exceptions and that such printing of the rules in the journal be dispensed with:

Special Rule No. 1: Notwithstanding any other rule, the presiding officer may dispense with the referral of a bill or resolution to a standing committee.

Special Rule No. 2: None of the deadlines in regard to bill or resolution introduction and hearing shall apply to the Special Session. Any legislator may introduce, at any time during this Special Session, any bill or resolution germane to the proclamation.

Special Rule No. 3: The presiding officers of the House and the Senate may appoint the officers and employees for the respective bodies as they deem necessary to carry out the activities of the respective houses.

Special Rule No. 4: No rules dealing with a call of the house shall apply to the Special Session, except that the attendance of any member who has answered the initial roll call each day may be compelled by the presiding officer.

Special Rule No. 5: No rules, including, but not limited to, Rule 5-17 and Rule 7-7, dealing with required delivery of bills and placement of bills or resolutions on the calendar, shall apply to the Special Session; and the placement of bills or resolutions on the calendar for second reading shall be determined by a majority vote of the members-present.

Special Rule No. 6: Rules dealing with the order of business shall prevail, provided, however, that the order of business may be changed by a majority vote of the members-elect, thereby bringing up any item of action by such vote. The proclamation calling the Legislature into Special Session shall govern the consideration of all bills and resolutions and the body shall determine the germaneness of a given bill and resolution to the proclamation.

Special Rule No. 7: Rules dealing with fiscal notes shall not apply to the Special Session.

Special Rule No. 8: No rules dealing with the printing and distribution of bills or resolutions shall apply to the Special Session, and the Legislative Research Council and Secretary of State shall provide photocopies of bills introduced to the public and legislative agents.

Special Rule No. 9: At the conclusion of the Special Session, the Chief Clerk of the House and the Secretary of the Senate shall review the journal prepared and make the necessary corrections and provide the contract printer with the corrected journal for distribution to those who subscribed to journals during the regular Eighty-sixth Legislative Session.

Special Rule No. 10: Notwithstanding Joint Rule 11-1, House Rule H4-1, and Senate Rule S5-1, a majority of the members-elect of either house may suspend, adopt, or amend any of the rules.

Respectfully submitted,     Respectfully submitted,
Val Rausch    Bob Gray
David Lust    Russell Olson
Bernie Hunhoff    Jason Frerichs
House Committee    Senate Committee

Also MR. SPEAKER:

Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

Respectfully submitted,    Respectfully submitted,
Val Rausch    Bob Gray
David Lust    Russell Olson
Bernie Hunhoff    Jason Frerichs
House Committee    Senate Committee

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

Rep. Lust moved that the report of the Joint-Select Committee relative to the joint rules for the Special Session of the Eighty-sixth Legislative Session be adopted.

The question being on Rep. Lust's motion that the report of the Joint-Select Committee relative to the rules for the Special Session of the Eighty-sixth Legislative Session be adopted.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Excused:
Iron Cloud III; Magstadt; Miller

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. Lust moved that the report of the Joint-Select Committee relative to the compensation of the elected and appointed officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session be adopted.

The question being on Rep. Lust's motion that the report of the Joint-Select Committee relative to the compensation of the elected and appointed officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Iron Cloud III; Magstadt

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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001 Introduced by: Representative Rausch and Senator Olson (Russell)

FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.

Was read the first time.

HB 1002 Introduced by: Representative Rausch and Senator Olson (Russell)

FOR AN ACT ENTITLED, An Act to provide for the redistricting of the Supreme Court appointment districts.

Was read the first time.

Pursuant to Special Joint Rule 1, the Speaker dispensed with referral of HB 1001 and 1002 to committee.

MOTIONS AND RESOLUTIONS

Rep. Lust moved that HB 1001 and 1002 be placed on today's calendar.

Which motion prevailed and the bills were so placed.

There being no objection, Speaker moved HB 1002 to precede HB 1001 on today's calendar.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to provide for the redistricting of the Supreme Court appointment districts.

Was read the second time.

The question being "Shall HB 1002 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon); Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch

Nays:
Nelson (Stace)

Excused:
Iron Cloud III; Magstadt

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.

HB 1001: FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.

Was read the second time.

1001ba

Rep. Kloucek moved that HB 1001 be amended as follows:

On page 5 of the printed bill, delete lines 17 to 23, inclusive, and insert:

(19) District No. 19: Bon Homme, Douglas, Hutchinson, and McCook counties;

(20) District No. 20: Davison and Hanson counties;

(21) District No. 21: Aurora, Charles Mix, Gregory, Jerauld, and Tripp counties;".

Speaker Rausch announced that in the interest of efficiency all amendments will have a roll call vote.

The question being on Rep. Kloucek's motion that HB 1001 be amended.

And the roll being called:

Yeas 22, Nays 46, Excused 2, Absent 0

Yeas:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hubbel; Hunhoff (Bernie); Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Russell; Schrempp; Sigdestad; Street; Van Gerpen; Wismer

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Liss; Lust; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Iron Cloud III; Magstadt

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

1001oe

Rep. Elliott moved that HB 1001 be amended as follows:

On page 2 of the printed bill, delete lines 6 to 22, inclusive, and insert:

(1) District No. 1: Day, Marshall, and Roberts counties and that portion of Codington county consisting of VTD-Precinct Dexter, VTD-Precinct Eden and Phillips, VTD-Precinct Fuller and Florence, VTD-Precinct Germantown, VTD-Precinct Graceland and Henry, VTD-Precinct Kampeska, VTD-Precinct Kranzburg, VTD-Precinct Leola and South Shore, VTD-Precinct Rauville, VTD-Precinct Richland, and VTD-Precinct Waverly;

(2) District No. 2: Clark county, that portion of Brown county not in District No. 3, that portion of Hamlin county consisting of VTD-Bryant Precinct, VTD-Hazel Precinct, and VTD Hayti Precinct, and Spink county except for that portion in District No. 23;".

On page 3, delete lines 6 to 10, inclusive, and insert "District No. 7, and that portion of Hamlin county consisting of VTD-Castlewood Precinct, VTD-Estelline Precinct, VTD-Norden Precinct, and VTD-Oxford Precinct;".

On page 3, line 11, delete "4" and insert "1".

The question being on Rep. Elliott's motion that HB 1001 be amended.

And the roll being called:

Yeas 16, Nays 52, Excused 2, Absent 0

Yeas:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Killer; Kirschman; Kloucek; Schrempp; Sigdestad; Street; Wismer

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Jones; Juhnke; Kirkeby; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Iron Cloud III; Magstadt

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

1001fb

Rep. Wismer moved that HB 1001 be amended as follows:

On page 2 of the printed bill, delete lines 6 to 24, inclusive, and insert:

(1) District No. 1: Day, Marshall, and Roberts counties and that portion of Brown county consisting of VTD-Precinct 13 Shelby-Columbia-Cambria-Ordway Township-Columbia City, VTD-Precinct 19, VTD-Precinct 20 South Detroit-Claremont Township-Claremont City, and VTD-Precinct 21 Liberty-Hecla-Portage-Greenfield-Lansing-North-Detroit Township-Hecla City;

(2) District No. 2: Clark and Hamlin counties and that portion of Brown county consisting of VTD-Precinct 6 Aberdeen, VTD-Precinct 11 Aberdeen, VTD-Precinct 12 East Aberdeen, VTD-Precinct 17 Highland-NewHope-Warner Township-Warner, and VTD-Precinct 18 Gem-West Rondell-East Rondell Township-Stratford, and that portion of Spink county consisting of VTD-Precinct 1, VTD-Precinct 4, VTD-Precinct 5, VTD-Precinct 6, VTD-Precinct 7, VTD-Precinct 8, VTD-Precinct 9 Redfield City First & Second Wards, and VTD-Precinct 10 Redfield City Third & Fourth Wards;

(3) District No. 3: That portion of Brown county consisting of VTD-Precinct 1 Aberdeen, VTD-Precinct 2 Aberdeen, VTD-Precinct 3 Aberdeen, VTD-Precinct 4 Aberdeen, VTD-Precinct 5 Aberdeen, VTD-Precinct 7 Aberdeen, VTD-Precinct 8 Aberdeen, VTD-Precinct 9 Aberdeen, VTD-Precinct 10 Aberdeen, VTD-Precinct 14 Oneota-Brainard-Westport-Garland Township-Westport City, VTD-Precinct 15 Franklin-Carlisle-Ravinia-Mercier-Lincoln Township, VTD-Precinct 16 West Aberdeen Township, and VTD-Precinct 22 Palmyra-Osceola-Savo-Allison-Frederick-Richard Township-Frederick City;".

On page 3, delete lines 1 to 4, inclusive.

The question being on Rep. Wismer's motion that HB 1001 be amended.

And the roll being called:

Yeas 18, Nays 50, Excused 2, Absent 0

Yeas:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones; Killer; Kirschman; Kloucek; Lucas; Schrempp; Sigdestad; Street; Wismer

Nays:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Liss; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Iron Cloud III; Magstadt

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

1001od

Rep. Blake moved that HB 1001 be amended as follows:

On page 4 of the printed bill, delete lines 13 to 23, inclusive, and insert:

(12) District No. 12: That portion of Lincoln county consisting of VTD-Sioux Falls Precinct 1-11, VTD-Sioux Falls Precinct 1-12, VTD-Sioux Falls Precinct 2-10, VTD-Sioux Falls Precinct 2-11, VTD-Sioux Falls Precinct 2-12, VTD-Sioux Falls Precinct 2-15, those portions of Delapre Township surrounded by VTD-Sioux Falls Precinct 1-11 or VTD-Sioux Falls Precinct 1-12, those portions of Springdale Township surrounded by VTD-Sioux Falls Precinct 2-11 or VTD-Sioux Falls Precinct 2-15, and that portion of Minnehaha county consisting of VTD 1-3, VTD 1-4, VTD 1-5, and VTD 1-6;

(13) District No. 13: That portion of Minnehaha county consisting of VTD 1-1, VTD 1-2, VTD 2-1, VTD 3-8, VTD 5-3, VTD 5-4, VTD 5-7, VTD 5-8, VTD 5-9, VTD 5-10, VTD 5-11, VTD 5-12, VTD 5-13, and VTD 5-14;".

The question being on Rep. Blake's motion that HB 1001 be amended.

And the roll being called:

Yeas 19, Nays 49, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones; Killer; Kirschman; Kloucek; Lucas; Schrempp; Sigdestad; Street; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Liss; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Iron Cloud III; Magstadt

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

1001ob

Rep. Lucas moved that HB 1001 be amended as follows:

On page 8 of the printed bill, delete lines 2 to 24, inclusive, and insert:

(32) District No. 32: That portion of Pennington county consisting of VTD-RC 2-1, VTD-RC 2-3, VTD-RC 4-1, VTD-RC 4-4, VTD-RC 5-5, that portion of VTD-B33-1 west of Bennett Road, that portion of VTD-DG7 west of Bennett Road, that portion of VTD-NH18 east of North Haines Avenue, that portion of VTD-RC 4-2 west of East North Street, and that portion of VTD-RC 4-3 not included in District No. 33;

(33) District No. 33: That portion of Meade county consisting of VTD-Precinct 14 Black Hawk, VTD-Precinct 16 - West Black Hawk, VTD-Precinct 19 - Central Black Hawk, and that portion of VTD-Rural Black Hawk west of Interstate 90, and that portion of Pennington county consisting of VTD-CL6, VTD-DT24, VTD-JS5, VTD-RC 3-2, VTD-RC 3-4, VTD-RC 3-6, VTD-RC 5-1, VTD-RC 5-3, VTD-WP23, that portion of VTD-NH18 not in District 32, the west portion of VTD-RC 4-3 surrounded by VTD-NH18, and that portion of VTD-RC 5-2 north of Interstate 90;

(34) District No. 34: That portion of Pennington county consisting of VTD-RC 1-1, VTD-RC 1-3, VTD-RC 3-1, VTD-RC 3-3, VTD-RC 3-5, VTD-RC 3-7, VTD-RC 5-2, VTD-RC 5-4, that portion of VTD-RC 1-4 not in District No. 35, and that portion of VTD-RVE1 not in District No. 35; and

(35) District No. 35: That portion of Pennington county consisting of VTD-B35-1, VTD-RC 1-2, VTD-RC 2-2, VTD-RC 2-4, VTD-RC 2-5, VTD-RVF1, VTD-RVF2, VTD-RVS1, VTD-VN34, that portion of VTD-B33-1 east of Bennett Road, that portion of VTD-B33-2 not in District No. 29, that portion of VTD-B33-3 not in District No. 29 or District No. 30, that portion of VTD-DG7 not in District No. 29, District No. 30 or District No. 32, that portion of VTD-RC 1-4 east of State Highway

79, that portion of VTD-RC 4-2 not in District No. 32, and that portion of VTD-RVE1 east of State Highway 79."

On page 9, delete lines 1 to 11, inclusive.

The question being on Rep. Lucas' motion that HB 1001 be amended.

And the roll being called:

Yeas 18, Nays 50, Excused 2, Absent 0

Yeas:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones; Killer; Kirschman; Kloucek; Lucas; Schrempp; Sigdestad; Street; Wismer

Excused:
Iron Cloud III; Magstadt

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

1001bd

Rep. Gibson moved that HB 1001 be amended as follows:

On page 10, between lines 12 and 13 of the printed bill, insert:

"
Section 9. That chapter 2-2 be amended by adding thereto a NEW SECTION to read as follows:

District No. 1 shall consist of two single-member house districts as follows:

(1) District No. 1A: Roberts county and that portion of Marshal county consisting of VTD-Precinct A5, VTD-Precinct A6, and VTD-Precinct A7; and

(2) District No. 1B: Day county, that portion of Marshal county not in District No. 1A, and that portion of Brown county consisting of VTD-Precinct 21

Liberty-Hecla-Portage-Greenfield-Lansing-North-Detroit Township-Hecla City, VTD-Precinct 22 Palmyra-Osceola-Savo-Allison-Frederick-Richard Township-Frederick City, VTD-Precinct 14 Oneota-Brainard-Westport-Garland Township-Westport City, and VTD-Precinct 15 Franklin-Carlisle-Ravinia-Mercier-Lincoln Township.

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

District No. 2 shall consist of two single-member house districts as follows:

(1) District No. 2A: Hamlin county, Clark county except that portion in District 2B, and that portion of Spink county consisting of VTD-Precinct 1, VTD-Precinct 5, VTD-Precinct 4, and VTD-Precinct 10 Redfield City Third and Fourth Wards; and

(2) District No. 2B: That portion of Clark county to include VTD-Precinct 1, that portion of Spink county consisting of VTD-Precinct 8, VTD-Precinct 7, VTD-Precinct 6, VTD-Precinct 4, and VTD-Precinct 9 Redfield City First and Second Wards, and that portion of Brown county not included in District No. 1 and District No. 3.

Section 11. That chapter 2-2 be amended by adding thereto a NEW SECTION to read as follows:

District No. 8 shall consist of two single-member house districts as follows:

(1) District No. 8A: Sanborn county, that portion of Miner county consisting of VTD-Precinct 5, VTD-Precinct 4, VTD-Precinct 6, VTD-Howard Precinct 2, VTD-Howard Precinct 1, and VTD-Howard Precinct 3, and that portion of Lake county consisting of Herman-Winfred Precinct, Madison Ward 1, Madison Ward 2, and Madison Ward 3; and

(2) District No. 8B: Moody county, that portion of Lake county not included in District No. 8A, and that portion of Miner county not included in District No. 8A.

Section 12. That chapter 2-2 be amended by adding thereto a NEW SECTION to read as follows:

District No. 21 shall consist of two single-member house districts as follows:

(1) District No. 21A: Trip county, that portion of Gregory county consisting of VTD-Gregory county Precinct 1, and VTD-Gregory county Precinct 2, and that portion of Charles Mix county consisting of VTD-Precinct 10, VTD-Precinct 9, VTD-Platte Precinct 11 Ward 1(a), VTD-Platte Precinct 11 Ward 2(b), and VTD-Platte Precinct 11 Ward 3(c); and

(2) District No. 21B: Gregory county except that portion in District 21A, Charles Mix county except that portion in District 21A, and that portion of Bon Homme county consisting of VTD-Avon Precinct 2 and VTD-Springfield Precinct 5.

Section 13. That chapter 2-2 be amended by adding thereto a NEW SECTION to read as follows:

District No. 23 shall consist of two single-member house districts as follows:

(1) District No. 23A: Campbell county, Walworth county, McPherson county, and that portion of Edmonds county consisting of VTD-Precinct 6-Hosmer-Sangamon-Hosmer City, VTD-Precinct 7-Modena-Bowdle-Odessa-Hudson-Madison Township-Bowdle City, VTD-Precinct 5-Glen-Gover-NBry-Bry Township-Roscoe City, VTD-Precinct 4-Mont-Hillside-Vermont-Liberty Township, and that portion of VTD-Precinct 3-Adrian-Rosette-Belle-Ipswich-Hurtz-Clev Harmony-Fou-Powe Township west of 355th street; and

(2) District No. 23B: Potter county, Faulk county, Hand county, that portion of Edmonds county not in District No. 23A, and that portion in Spink county consisting of VTD-Precinct 3.

Section 14. That chapter 2-2 be amended by adding thereto a NEW SECTION to read as follows:

District No. 30 shall consist of two single-member house districts as follows:

(1) District No. 30A: That portion of Fall River county consisting of VTD-Argentine voting district, VTD-Edgemont Ward 3, VTD-Edgemont Ward 2, VTD-23-1 Cottonwood-Provo-Edgemont voting district, VTD-Cascade voting district, that portion of Custer county consisting of VTD-Precinct Elk Mountain, VTD-Precinct Pringle, VTD-Precinct Bear Rock, VTD-Precinct Senthill, VTD-Custer City Precinct 7 Ward 2, VTD-Custer City Precinct 6 Ward 1, VTD-Custer City Precinct 8 Ward 3, and that portion of Pennington county consisting of VTD-R13, VTD-HC1, VTD-Rk-4, and that portion of VTD-K3 not in District No. 30B; and

(2) District No. 30B: That portion of Fall River county not in District No. 30A, that portion of Custer county not in District No. 30A, and that portion of Pennington county consisting of VTD-B30-2, VTD-B30-3, that portion of VTD-B33-3 located south of Interstate 90 and east of Liberty Boulevard and Spruce Drive, VTD-CA19, VTD-HR9, VTD-RC 2-6, VTD-WA12, that portion of VTD-K3 east of Rushmore Ranch Road and south of and east of state highway 40, VTD-NU10, that portion of VTD-DG7 east of Liberty Boulevard, Spruce Drive and 150th Place and that portion of VTD-WL15 consisting of Block 1239, Block 1240, Block 1241, Block 1242, Block 1243, Block 1244, Block 1245, Block 1246, Block 1247, Block 1248, Block 1249, Block 1250, Block 1254, Block 1255, Block 1256, Block 1257, Block 1258, Block 1259, Block 1260, Block 1261, Block 1262, Block 1263, Block 1264, Block 1265, Block 1266, Block 1267, Block 1268, Block 1269, Block 1270, Block 1271, Block 1272, Block 1273, Block 1274, Block 1275, Block 1276, Block 1277, Block 1278, Block 1279, Block 1280, Block 1281, Block 1282, Block 1283, Block 1284, Block 1285, Block 1286, Block 1287, Block 1288, Block 1289, Block 1290, Block 1291, Block 1292, Block 1293, Block 1294, Block 1295, Block 1296, Block 1297,

Block 1298, Block 1299, Block 1300, Block 1301, Block 1337, Block 1338, Block 1340, Block 1341, Block 1447, Block 1452, Block 3177, Block 3184, Block 3185, Block 3186, Block 3187, Block 3192, Block 3193, Block 3196, Block 3197, Block 3198, Block 3200, Block 3201, Block 3202, Block 3204, Block 3205, Block 3206, Block 3207, Block 3208, Block 3209, Block 3210, Block 3211, Block 3212, Block 3213, Block 3214, Block 3215, Block 3251, Block 3357, Block 3369, Block 3370, Block 3371, Block 3372, Block 3373, Block 3374, Block 3375, Block 3376, Block 3377, Block 3378, Block 3379, Block 3380, Block 3381, Block 3382, Block 3383, Block 3384, Block 3385, Block 3386, Block 3387, Block 3396, Block 3397, Block 3398, Block 3399, Block 3407, Block 3408, and Block 3415.".

Rep. Lust moved the previous question.

Which motion prevailed.

The question being on Rep. Gibson's motion that HB 1001 be amended.

And the roll being called:

Yeas 20, Nays 48, Excused 2, Absent 0

Yeas:
Abdallah; Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones; Killer; Kirschman; Kloucek; Lucas; Nelson (Stace); Schrempp; Sigdestad; Street; Wismer

Nays:
Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Liss; Lust; Miller; Moser; Munsterman; Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Excused:
Iron Cloud III; Magstadt

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

Rep. Cronin moved the previous question.

Which motion prevailed.

The question being "Shall HB 1001 pass?"

And the roll being called:

Yeas 50, Nays 18, Excused 2, Absent 0

Yeas:
Abdallah; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dryden; Gosch; Greenfield; Haggar; Hansen (Jon); Hickey; Hoffman; Hubbel; Hunt; Jensen; Juhnke; Kirkeby; Kopp; Liss; Lucas; Lust; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer; Sly; Solum; Steele; Stricherz; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Speaker Rausch

Nays:
Blake; Dennert; Elliott; Fargen; Feickert; Feinstein; Gibson; Hawley; Hunhoff (Bernie); Jones; Killer; Kirschman; Kloucek; Schrempp; Sigdestad; Street; Tornow; Wismer

Excused:
Iron Cloud III; Magstadt

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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1002 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate is now in session and has been duly organized by the election of the following officers: President Pro tempore, Bob Gray and Secretary of the Senate, Patricia Adam.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Russell Olson, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to the joint rules for the Special Session of the Eighty-sixth Legislative Session.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Reps.Gray, Russell Olson, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Eighty-sixth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Gray, Russell Olson, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to fix the time of adjournment sine die for the Special Session of the Eighty-sixth Legislative Session.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Special Session of the Eighty-sixth Legislative Session.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to fixing the compensation of the elected and appointed officers and employees of the Senate and House for the Special Session of the Eighty-sixth Legislative Session.

Respectfully,
Patricia Adam, Secretary

The House recessed at 1:04 p.m.

RECESS

The House reconvened at 2:45 p.m., the Speaker presiding.

MESSAGES FROM THE SENATE
(continued)

MR. SPEAKER:

I have the honor to return herewith HB 1001 which has passed the Senate without change.

Also MR. SPEAKER:

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

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Special Session of the Eighty-sixth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 3:10 p.m., October 24, 2011.

Respectfully submitted,    Respectfully submitted,
Val Rausch    Bob Gray
David Lust    Russell Olson
Bernie Hunhoff    Jason Frerichs
House Committee    Senate Committee

Rep. Lust moved that the report of the Joint-Select Committee relative to fixing the time to adjourn sine die for the Special Session of the Eighty-sixth Legislative Session be adopted.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001 and 1002 and finds the same correctly enrolled.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1001: FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.

HB 1002: FOR AN ACT ENTITLED, An Act to provide for the redistricting of the Supreme Court appointment districts.

And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1001 and 1002 were delivered to his Excellency, the Governor, for his approval at 3:01 p.m., October 24, 2011.

Respectfully submitted,
Val Rausch, Chair

Rep. Moser offered the following prayer provided by Pastor Brad Urbach:

Gracious Father, Creator of good and perfect gifts,

Thank you for the proceedings of this special legislative session and for the wisdom to provide the opportunity for all people of our state to be represented in a fair manner. Bless now, I pray, the men and women of the house as they journey to their homes and we look forward to their return to our capitol city this winter to be about the noble task of serving God's people of this state in this House of Representatives.

This I ask in the name of my Lord. Amen.

Rep. Turbiville moved that the House do now adjourn sine die, which motion prevailed and at 3:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk