JOURNAL OF THE HOUSE

EIGHTY-THIRD SESSION



THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 10, 2008

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Rev. John Calvin Rhoad, Jr., followed by the Pledge of Allegiance led by House page Amanda Wegner.

     Roll Call: All members present.

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 second 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.
REPORT OF JOINT-SELECT COMMITTEE

MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Eighty-third Legislative Session be January 8 through January 11, January 14 through January 17, January 22 through January 25, January 28 through January 31, February 4 through February 7, February 11 through February 15, February 19 through February 22, February 25 through February 29, and March 17.

Respectfully submitted,    Respectfully submitted,
Shantel Krebs    Bob Gray
Bob Faehn    Dave Knudson
Thomas Van Norman    Scott Heidepriem
House Committee    Senate Committee

MOTIONS AND RESOLUTIONS

     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 12:00 p.m. on Friday, January 11th, the 4th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORT OF HOUSE SELECT COMMITTEE

    Rep. Rhoden moved that the report of the House Select Committee relative to the house rules for the Eighty-third Legislative Session as found on page 42 of the House Journal be adopted.

    The question being on Rep. Rhoden's motion that the report of the House Select Committee relative to house rules be adopted.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Gosch; Hackl; Halverson; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); 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:
Olson (Russell)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Rep. Rhoden moved that the report of the Joint-Select Committee on Joint Rules be amended to read as follows:

    On page 43, line 10 of the House Journal, delete "or the appearance of having any conflict of interest"

    and that the report be adopted as amended.

    The question being on Rep. Rhoden's motion to amend the report of the Joint-Select Committee on Joint Rules and to adopt the report as amended.

     And the roll being called:

     Yeas 59, Nays 11, Excused 0, Absent 0

     Yeas:
Ahlers; Bradford; Brunner; Burg; Carson; Cutler; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Halverson; Hargens; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Van Etten; Van Norman; Vanneman; Vehle; Wick; Willadsen; Speaker Deadrick

     Nays:
Boomgarden; Buckingham; Davis; Gosch; Hackl; Haverly; Lust; Olson (Betty); Pederson (Gordon); Turbiville; Weems

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

    Rep. Hunt moved that the report of the Joint-Select Committee relative to the selection of chaplains for the Eighty-third Legislative Session as found on page 44 of the House Journal be adopted.

    The question being on Rep. Hunt's motion that the report of the Joint-Select Committee relative to the selection of chaplains be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

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

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

    Rep. Heineman moved that the report of the Joint-Select Committee relative to the arrangements for a memorial service for the Eighty-third Legislative Session as found on page 44 of the House Journal be adopted.

    Which motion prevailed.

    Rep. Turbiville moved that the report of the Joint-Select Committee relative to legislative printing and distribution of bills and journals for the Eighty-third Legislative Session as found on pages 45 and 46 of the House Journal be adopted.

    Which motion prevailed.

    Rep. Rhoden moved that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees for the Eighty-third Legislative Session as found on pages 46 and 47 of the House Journal be adopted.

    The question being Rep. Rhoden's motion that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees be adopted.

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

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

     Nays:
Engels

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    The following bills were read on Wednesday, January 9th, and today the Speaker assigned these bills to committee:

     HB 1105 was referred to the Committee on Local Government.

     HB 1106 was referred to the Committee on Government Operations and Audit.

     HB 1107 was referred to the Committee on Government Operations and Audit.

     HB 1108 was referred to the Committee on Government Operations and Audit.

     HB 1109 was referred to the Committee on Government Operations and Audit.

     HB 1110 was referred to the Committee on Government Operations and Audit.

     HB 1111  Introduced by:  Representatives Moore and Pitts and Senators Albers and Bartling

     FOR AN ACT ENTITLED, An Act to revise the responsibilities of the Corrections Commission and to require an annual report of Corrections Commission activities.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1112  Introduced by:  Representatives Brunner, Buckingham, DeVries, Gilson, Hills, Juhnke, Kirkeby, Krebs, Nelson, Noem, Olson (Betty), Pitts, Rhoden, Sigdestad, Vanneman, and Vehle and Senators Hansen (Tom), Abdallah, Duenwald, Lintz, Maher, and McNenny

     FOR AN ACT ENTITLED, An Act to revise certain requirements related to the registration and authorized activities of veterinary technicians.

     Was read the first time and referred to the Committee on Commerce.

     HB 1113  Introduced by:  Representatives Kirkeby, Brunner, Elliott, Gosch, Haverly, Lust, Nelson, Olson (Russell), Pederson (Gordon), Pitts, Rausch, Rhoden, Sigdestad, Turbiville, Van Etten, Vanneman, and Wick and Senators Napoli, Abdallah, Heidepriem, Katus, Kloucek, Koetzle, Lintz, Maher, McCracken, McNenny, and Schmidt (Dennis)

     FOR AN ACT ENTITLED, An Act to provide minimum notice requirements for persons who lease real property for their own mobile or manufactured homes.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1114  Introduced by:  Representatives Boomgarden, Ahlers, Bradford, Engels, Feinstein, Lucas, Novstrup (Al), Rausch, Rave, and Thompson and Senators Peterson (Jim), Hauge, Hoerth, Katus, Maher, Napoli, Nesselhuf, and Olson (Ed)

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the definition and operation of farm wineries.

     Was read the first time and referred to the Committee on Commerce.

MESSAGES FROM THE SENATE

MR. SPEAKER:

     I have the honor to inform your honorable body that the Senate has amended and adopted the report of the Joint-Select Committee relative to the Joint Rules for the Eighty-third 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 compensation for the elective and appointive officers and members of the Eighty-third 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 making arrangements for the distribution of the official directory, Senate and House Journals, bills, and other legislative printing.

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 securing chaplains for the Eighty-third 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 making arrangements for a memorial recognition of deceased former members of the Senate and House.

Respectfully,
Trudy Evenstad, Secretary

HONORED GUESTS

     Speaker Deadrick introduced the Honorable Stephanie Herseth Sandlin, United States Representative from South Dakota, who spoke briefly.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:47 p.m. the House adjourned.

Karen Gerdes, Chief Clerk