2011 Session - House of Representatives Journals

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.

Respectfully submitted,

Val Rausch, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 10, 2011

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

MOTIONS AND RESOLUTIONS

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 28^th, the 38^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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.

1251ml

Rep. Lucas moved that HB 1251 be amended as follows:

On page 16, after line 58 of the House Appropriations Committee engrossed bill, insert:

"    (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

The one-time moneys appropriated by this subsection shall be distributed to the school districts on a per state aid fall enrollment basis.".

Adjust all totals accordingly.

On page 29, after line 20, insert:

" 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.

Rep. Cronin moved the previous question.

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.

1251uy

Rep. Wismer moved that HB 1251 be amended as follows:

On page 10, line 54 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $369,492 and INCREASE Operating Expenses FEDERAL FUNDS $43,163 and INCREASE Operating Expenses OTHER FUNDS $7,094

On page 11, line 3, INCREASE Operating Expenses GENERAL FUNDS $10,301,924 and INCREASE Operating Expenses FEDERAL FUNDS $15,371,306 and INCREASE Operating Expenses OTHER FUNDS $48,223

On page 11, line 10, INCREASE Operating Expenses GENERAL FUNDS $601,263 and INCREASE Operating Expenses FEDERAL FUNDS $569,236 and INCREASE Operating Expenses OTHER FUNDS $4,116

On page 11, line 17, INCREASE Operating Expenses GENERAL FUNDS $1,087,575 and INCREASE Operating Expenses FEDERAL FUNDS $648,444

On page 12, line 32, INCREASE Operating Expenses OTHER FUNDS $30,098

On page 21, line 55, INCREASE Operating Expenses GENERAL FUNDS $30,098

On page 22, line 45, INCREASE Operating Expenses GENERAL FUNDS $500,566 and INCREASE Operating Expenses FEDERAL FUNDS $303,000

On page 23, line 39, INCREASE Operating Expenses GENERAL FUNDS $2,003,173 and INCREASE Operating Expenses FEDERAL FUNDS $2,760,247

On page 23, line 53, INCREASE Operating Expenses GENERAL FUNDS $43,440 and INCREASE Operating Expenses FEDERAL FUNDS $55,405

On page 25, line 40, INCREASE Operating Expenses GENERAL FUNDS $62,469 and INCREASE Operating Expenses OTHER FUNDS $39,468

Adjust all totals accordingly.

On page 29, after line 20, insert:

" 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

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; Stricherz; 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.

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.

RECESS

The House reconvened at 12:00 p.m., the Speaker presiding.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1251 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 Conference Committee on HB 1208.

Also MR. SPEAKER:

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.

Also MR. SPEAKER:

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.

Respectfully,
Trudy Evenstad, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

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.

Also MR. SPEAKER:

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.

Also MR. SPEAKER:

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.

Respectfully submitted,

Val Rausch, Chair

SIGNING OF BILLS

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.

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.

Karen Gerdes, Chief Clerk