JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 14, 2009

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

     The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House page Caitlin Brozik.

     Roll Call: All members present except Reps. Dreyer, Nygaard, and Peters 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 first 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,
Timothy A. Rave, Chair

     Which motion prevailed.
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-third Legislative Session be adopted as the joint rules of the Eighty-fourth Legislative Session with the following changes:

7-12.   Structure of appropriations committee. The Senate and House Committees may meet in joint session or form combined subcommittees to hear agency budget presentations. If combined subcommittees are formed and maintained through the entire session, each subcommittee may make committee amendments to the general appropriation bill. The final committee action to the general appropriation bill shall be approved by a majority vote of the Senate Committee members-elect as well as a majority vote of the House Committee members- elect. All Joint Appropriations Committee action on the general appropriations bill shall be approved by a majority vote of the Joint Committee unless a member calls for a separate vote of the House Appropriations Committee and the Senate Appropriations Committee in which case a majority vote of each committee is required for adoption. Such action shall constitute the committee report of the house of origin on the general appropriation bill.

7-28.  Committee procedure -- Remote electronic testimony. During any regular or special session of the Legislature, a committee may, upon the unanimous consent of the members present, permit a person to appear from a remote site and give testimony before the committee by electronic audio/video means.

    The joint rules and the rules of the Senate and House shall be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Tim Rave        Bob Gray
Bob Faehn        Dave Knudson
Bernie Hunhoff        Scott Heidepriem
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 Eighty-fourth 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.

    In regard to the system for payment of travel expenses to legislators we respectfully report that:


    (1) A form listing each weekend during session will be delivered to legislators. Legislators will be asked to list their travel on that single sheet which would be signed and turned in at the close of session. Also, pursuant to statute, a voucher must also be signed by each legislator requesting travel reimbursement.

    (2) Legislators driving their own car home for a weekend will receive mileage paid at state rates (37 cents per mile). Legislators not driving home will not be entitled to reimbursement unless they leased a vehicle or somehow incurred an expense, equivalent to 37 cents per mile, in such travel.

    (3) Legislators flying commercially will receive the equivalent of flight expenses as long as it does not exceed 37 cents per mile.

    (4) Legislators flying charter or in their own plane will be reimbursed for actual expenses as long as it does not exceed 37 cents per mile.

    (5) A maximum of ten trips will be considered for the 2009 Legislative Session, including the trip for the final legislative day.

    (6) Pursuant to constitutional provisions, legislators will be paid for their initial trip to Pierre and their final trip home at the rate of 5 cents per mile.

Respectfully submitted,    Respectfully submitted,
Tim Rave    Bob Gray
Bob Faehn    Dave Knudson
Bernie Hunhoff    Scott Heidepriem
House Committee    Senate Committee

Also MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Eighty-fourth Legislative Session be January 13 through January 16, January 20 through January 23, January 26 through January 30, February 2 through February 5, February 9 through February 13, February 17 through February 20, February 23 through February 26, March 2 through March 5, March 9 through March 13, and March 30.

Respectfully submitted,    Respectfully submitted,
Jamie Boomgarden    Bob Gray
David Lust    Dave Knudson
Marc Feinstein    Scott Heidepriem
House Committee    Senate Committee


Also MR. SPEAKER:

    Your Joint-Select Committee appointed relative to securing chaplains for the Eighty- fourth Legislative Session respectfully reports:

    We have conferred with the Pierre/Ft. Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Pastor Daniel Varns, New Life Assembly of God, as chief chaplain, to serve the Senate and House as chaplains throughout the Eighty-fourth session of the Legislature. The chaplains are as follows:

    Mike Bishop, Paul Bly, Susan Carr, Larry Cass, Brian Christensen, Kevin Doyle, Roger Easland, John Fette, Harvey Friez, Michael Griffin, Howard Grinager, Jenny Hallenbeck, Diane Jackson, Dodie Noordermeer, Brad Urbach, Levi Willms, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Roger Hunt    Tom Hansen
Bill Van Gerpen    Larry Rhoden
H. Paul Dennert    Julie Bartling
House Committee    Senate Committee

MOTIONS AND RESOLUTIONS

     HCR 1001: A CONCURRENT RESOLUTION, Urging Congress to pass a well- funded, multi-year federal highway program in a timely manner.

     Rep. Ryan Olson moved that HCR 1001 as found on pages 14 and 15 of the House Journal be adopted.

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

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup (David); Olson (Betty); Olson (Ryan); Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp; Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave


     Excused:
Dreyer; Nygaard; Peters

     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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1083  Introduced by:  Representatives Turbiville and Romkema and Senator Nelson

     FOR AN ACT ENTITLED, An Act to authorize the South Dakota Commission on Gaming to assess costs of certain special meetings.

     Was read the first time and referred to the Committee on Local Government.

     Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at 1:14 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 16 of the House Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson. The President of the Senate, Dennis Daugaard, presided.

    The following prayer was delivered by Pastor Paul Bly, Pierre/Ft. Pierre Ministerial Association:

    Almighty God, You have declared what is right: to seek justice, to love kindness, and to walk humbly with You. With that in our minds and on our hearts we ask Your blessing upon the judges and courts, juries and law officers throughout our state. Give them a true sense of partnership with You in keeping all of us safe within an orderly society.

    Bless all of these leaders here today that they may do their important and difficult work in a spirit of wisdom, kindness, justice, and teamwork. Lord, help us to never lose sight of Your bountiful goodness.

    Bless all our families and keep them in Your tender care.

    We pray in the name of God, I pray in the name of Jesus. Amen.


    The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the following members were present:

Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen, Tom; Hanson, Gary; Haverly; Heidepriem; Howie; Hundstad; Hunhoff, Jean; Jerstad; Kloucek; Knudson; Maher; Merchant, Miles; Nelson; Nesselhuf; Novstrup, Al; Olson, Russell; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Cronin; Curd; Cutler; Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson; Gosch; Greenfield; Hamiel; Hoffman; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Juhnke; Killer; Kirkeby; Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem; Novstrup, David; Olson, Betty; Olson, Ryan; Pitts; Putnam; Rausch; Romkema; Rounds; Russell; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street; Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink; Wismer; Speaker Rave.

    Sen. Knudson moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable David Gilbertson, Chief Justice of the state of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Gray, Knudson, and Heidepriem on the part of the Senate and Reps. Faehn, Noem, Bernie Hunhoff and Dennert on the part of the House.

    The Sergeant at Arms announced the arrival of Chief Justice David Gilbertson, who was escorted to the rostrum.

    The Lieutenant Governor, Dennis Daugaard, introduced the Honorable David Gilbertson, who delivered the State of the Judiciary Address.

    Sen. Knudson moved that the Joint Session do now dissolve.

    Which motion prevailed.