JOURNAL OF THE HOUSE

EIGHTY-SIXTH SESSION




THIRTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 28, 2011

    The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House pages Alec Adamski and Isaiah Wonnenberg.

    Roll Call: All members present except Reps. Hickey, Killer, Betty Olson, and Street 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 thirty-seventh 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 11, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 11, 2011, I approved House Bills 1154, 1194, 1219, 1221, 1233, and 1242, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 16, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 15, 2011, I approved House Bill 1235, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 18, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 17, 2011, I approved House Bills 1003, 1008, 1033, 1044, 1062, 1067, 1079, 1085, 1087, 1093, 1104, 1110, 1141, 1145, 1148, 1173, 1179, 1180, 1207, 1215, 1228, 1231, 1232, 1234, 1240, 1244, and 1251, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor


March 22, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 22, 2011, I approved House Bills 1130, 1208, 1217, and 1245, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 24, 2011

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 24, 2011, I approved House Bill 1248, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The House proceeded to the reconsideration of HB 1146 pursuant to the veto of the Governor and the veto message found on page 712 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall HB 1146 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 51, Nays 15, Excused 4, Absent 0

    Yeas:
Bolin; Brunner; Carson; Conzet; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Haggar; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson (Stace); Novstrup (David); Romkema; Rozum; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Stricherz; Tornow; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Wink

    Nays:
Abdallah; Blake; Boomgarden; Cronin; Deelstra; Greenfield; Hansen (Jon); Hawley; Juhnke; Perry; Russell; Tulson; Willadsen; Wismer; Speaker Rausch



    Excused:
Hickey; Killer; Olson (Betty); Street

    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed, the veto of the Governor notwithstanding.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approved SB 202 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found in the Senate Journal of the thirty-eighth Legislative day.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 202.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has passed HB 1146, the Governor's veto notwithstanding.

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 informing his Excellency, the Governor, 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.

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 time of adjournment sine die for the Eighty-sixth Legislative Session.

Respectfully,
Trudy Evenstad, Secretary


CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 202 as found on page 703 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall the recommendation of the Governor as to change of style and form of SB 202 be approved?"

    And the roll being called:

    Yeas 32, Nays 34, Excused 4, Absent 0

    Yeas:
Abdallah; Boomgarden; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Feinstein; Gosch; Haggar; Hansen (Jon); Hoffman; Juhnke; Lust; Moser; Novstrup (David); Perry; Romkema; Rozum; Schaefer; Solum; Steele; Stricherz; Turbiville; Van Gerpen; Vanneman; Verchio; White; Wick; Wink; Speaker Rausch

    Nays:
Blake; Bolin; Brunner; Elliott; Fargen; Feickert; Gibson; Greenfield; Hawley; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Magstadt; Miller; Munsterman; Nelson (Stace); Russell; Schrempp; Sigdestad; Sly; Tornow; Tulson; Venner; Willadsen; Wismer

    Excused:
Hickey; Killer; Olson (Betty); Street

    So the question not having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form lost.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Eighty-sixth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 1:08 p.m., March 28, 2011.

Respectfully submitted,    Respectfully submitted,
Val Rausch    Craig Tieszen
David Lust    Shantel Krebs
Bernie Hunhoff    James Hundstad
House Committee    Senate Committee



    Rep. Lust moved that the report of the Joint-Select Committee relative to fixing the time to adjourn sine die be adopted.

    Which motion prevailed.

Also MR. SPEAKER:

    Your Joint-Select Committee appointed 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, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Eighty-sixth Legislative Session.

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

    Rep. Lust moved that the report of the Joint-Select Committee relative to informing the Governor that the Legislature has completed its labors and is ready to ascertain if he has any further communications to make to the Legislature be adopted.

    Which motion prevailed.

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 1146, overridden that veto and delivered the same to his Excellency, the Secretary of State, for filing at 12:25 p.m., March 28, 2011.

Respectfully submitted,
Val Rausch, Chair

    The following prayer was offered by Pastor Howard Grinager.

    Holy God, we have now finished the work that we were called to do in this place. You alone know how heart wrenching some of it has been for we know that what we do in this place affects the lives of all who live in our state. As we finish our work we know that now there is much work

that needs to be done in our local communities as they live into the decisions that we have made. We would ask that You would guide those persons with Your gifts of wisdom.

    Lord on this day we give You thanks for those who work for the state and carry out the decisions that we have made. We know that their work is also challenging. We thank You for their faithfulness and ask that You bless their service. We also ask that You continue to guide and uphold our Governor and all who work with him.

    And now as we leave for our homes, we pray for safe journeys. Be with us in the duties that we will carry out until we meet again in this place and help us to sense Your presence in the midst of each day. All these and the many more prayers of hearts we lift to You in Your Holy Name. Amen.

    Rep. Turbiville moved that the House do now adjourn sine die, which motion prevailed and at 1:08 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

by Arlene Kvislen