House of Representatives Journal 1/25/2008 01:00 PM

JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION

TWELFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 25, 2008

The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Father George Parmeter, followed by the Pledge of Allegiance led by House pages Melanie Pushor and Kyle Wernsmann.

Roll Call: All members present except Reps. Elliott, Gillespie, and Juhnke who were excused.

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 eleventh 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,

Thomas J. Deadrick, Chair

Which motion prevailed.

RECOGNITION

The House of Representatives recognized Shaun Schreiner who served the 2008 Legislature as a computer intern.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1016 and returns the same with the recommendation that said bill be amended as follows:

1016cb

On page 2, line 11, delete "6" and insert "5".

On page 2, line 16, delete "and".

On page 2, line 18, delete "." and insert ";".

On page 2, after line 18 of the printed bill, insert:

(10) "High cost program share," a percentage calculated by dividing the total cost of all high cost programs by the total cost of all programs, excluding general education costs; and

(11) "Standard cost program share," a percentage calculated by dividing the total cost of all standard cost programs by the total cost of all programs, excluding general education costs.".

On page 2, line 19, after "shall" insert "calculate,".

On page 2, after line 20, insert:

(1) Examine the cost of each program over the previous three years and determine the three-year average cost of each program, excluding general education costs. For programs that have not existed for three years, determine the average cost over the time the program has existed;".

On page 2, line 21, delete "(1)" and insert "(2)".

On page 2, line 21, delete "Determine" and insert "Using the three-year average cost of each program, determine".

On page 2, line 23, delete "(2)" and insert "(3)".

On page 2, line 23, delete "subsection (1)" and insert "subsection (2)".

On page 3, delete lines 2 and 3, and insert:

(4) Apportion the high cost program share of the base funding allocation for the high cost programs and the standard cost program share of the base funding allocation for the standard cost programs; ".

On page 3, line 4, delete "(4)" and insert "(5)".

On page 3, line 6, after "programs" insert ", including those student FTEs enrolled only in general education courses,".

On page 3, line 8, delete "(5)" and insert "(6)".

On page 3, line 8, delete "subsection (3)" and insert "subsection (4)".

On page 3, line 11, delete "subsection (4)" and insert "subsection (5)".

On page 3, line 12, delete "(6)" and insert "(7)".

On page 3, line 13, delete "(3)" and insert "(4)".

On page 3, line 15, delete "subsection (4)" and insert "subsection (5)".

On page 3, delete lines 20 to 24, inclusive.

On page 4, delete line 1.

On page 4, line 21, overstrike "state board" and insert " Board of Education ".

On page 6, line 2, after "shall" insert " calculate, ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1222 and 1223 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations with a do pass recommendation.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1226 and 1227 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill be amended as follows:

1221va

On page 2, line 12, of the printed bill, after "Education" insert ", provided, however, that the general fund revenues shall be offset by the amount of student fees deposited into this fund".

And that as so amended said bill be referred to the Committee on Appropriations with a do pass recommendation.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1065 and 1131 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1132 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1135 and returns the same with the recommendation that said bill be amended as follows:

1135ra

On page 1, after line 7 of the printed bill, insert:

" Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

1135rta

On page 1, line 2, of the printed bill, after "protection" insert "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1133 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1052 and 1053 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1068, 1144, and 1180 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1067 and returns the same with the recommendation that said bill be amended as follows:

1067ua

On page 1, line 4, of the printed bill, delete "general" and insert "law enforcement officers training".

1067ub

On page 1, after line 10 of the printed bill, insert:

" Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

1067uc

On page 1 of the printed bill, delete lines 9 and 10.

1067uta

On page 1, line 2, of the printed bill, after "program" insert "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill be amended as follows:

1080ma

On page 1 of the printed bill, delete line 15.

On page 2, delete lines 1 to 8, inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:

1081ma

On page 2 of the printed bill, delete lines 3 to 11, inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill be amended as follows:

1082ma

On page 1 of the printed bill, delete lines 10 to 15, inclusive, and insert:

Section 2. That section 3 of chapter 93 of the 2006 Session Laws be repealed.

Section 3. The Board of Regents may accept, transfer, and expend any funds obtained for these purposes from federal sources, gifts, contributions, or any other source, all of which shall be deemed appropriated to the project authorized by this Act. ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1083 and returns the same with the recommendation that said bill be amended as follows:

1083ma

On page 1 of the printed bill, delete line 15.

On page 2, delete lines 1 to 8, inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1292 and returns the same with the recommendation that said bill be referred to the Committee on Retirement Laws.

Respectfully submitted,
Larry Tidemann, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 10, 35, 64, 65, 69, 84, 97, 111, 131, 139, 140, and 148 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1001: A CONCURRENT RESOLUTION, Requesting the Department of Game, Fish and Parks to give Martha Smith of Fairburn, South Dakota, the hide of a mountain lion she recently killed.

Rep. Howie moved that HCR 1001 as found on pages 246 and 247 of the House Journal be adopted.

The question being on Rep. Howie's motion that HCR 1001 be adopted.

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Engels; Faehn; Feinstein; Gassman; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; 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; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

Excused:
Elliott; Gillespie; Juhnke

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted.