The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of
Allegiance led by House pages Stephanie Garcia and Kayla Sylvester.
Roll Call: All members present except Reps. Carson and Killer who were excused.
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.
The Conference Committee respectfully reports that it has considered SB 90 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 90 be amended as follows:
" Section 10. That section 14 of chapter 30 of the 2012 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(3) Employee Compensation and Health Insurance
Personal Services, General Funds, delete "$0" and insert "$2,000,000"
Adjust all totals accordingly.
Section 11. That section 14 of chapter 30 of the 2012 Session Laws be amended by adding
a NEW SECTION to read as follows:
BOARD OF REGENTS
(8A) Nonrecurring Agricultural Experiment Station Research Pool
Personal Services $0 $0 $0 $0
Operating Expenses $500,000 $0 $0 $500,000
TOTAL $500,000 $0 $0 $500,000
F.T.E. 0.0
Adjust all totals accordingly.
Section 12. That chapter 30 of the 2012 Session Laws be amended by adding a NEW
SECTION to read as follows:
Section 6. The funds in section 7 of this Act which are unspent at the end of fiscal year 2012
may be carried over to the next fiscal year provisions of § 4-8-19 do not apply to the funds in
section 7 of this Act.".
" Section 12. The sum of nine hundred eighty-three thousand six hundred forty-nine dollars
($983,649) in the general fund on June 30, 2013, shall be obligated and committed for the
purposes of future appropriations in FY2014. The provisions of §§ 4-7-32 and 4-7-39 do not
apply to these funds.
Section 13. Notwithstanding section 145 of HB 1060 as previously enacted by the Eighty-Eighth Legislature, up to twenty million dollars ($20,000,000) in general funds appropriated in
subsection (3) of section 8 of chapter 30 of the 2012 Session Laws which are unspent at the end
of fiscal year 2013 may be carried over to fiscal year 2014 for medical and adult services. Any
additional unspent general funds shall revert in accordance with chapter 4-8. Federal and other
funds appropriated in subsection (3) of section 8 of chapter 30 of the 2012 Session Laws which
are unspent at the end of fiscal year 2013 may be carried over to fiscal year 2014 for medical
and adult services.".
HOUSE PAGE RESOLUTION 5 Introduced by: Representatives Bartling; Bolin; Cammack; Campbell; Carson; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawks; Hawley; Heinemann, Heinert, Hickey; Hoffman; Hunhoff (Bernie); Johns; Kaiser;
Killer; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller; Munsterman;
Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish; Schrempp, Sly;
Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Werner; Westra; Wick; Wink;
Wismer.
A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives
of the Eighty-eighth Legislature of the State of South Dakota to Cara Beck, Megan Ford,
Stephanie Garcia, Leah Gosch, Matt Halter, Savannah Johnson, Epiphany Knedler,
Cameron Lux, Matthew Moen, Michelle Schwab, Christian Swenson, Kayla Sylvester.
WHEREAS, the above named served loyally as pages for the House of Representatives of
the Eighty-eighth Legislative Session; and
WHEREAS, the members of the Eighty-eighth House of Representatives express their most
sincere appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-eighth Legislature of the State of South Dakota, that a personal copy of this resolution be duly
certified and furnished to each page on this last day of service.
Rep. Hansen moved that House Page Resolution 5 be adopted.
Which motion prevailed and the resolution was adopted.
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 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. Gosch, Lust,
and Bernie Hunhoff.
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-eighth Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, Lust,
and Bernie Hunhoff.
Rep. Cronin moved that the House do not adopt the report of the Conference Committee
on SB 155 as found on page 810 of the House Journal and do not appoint a new committee.
The question being on Rep. Cronin's motion to not adopt the report of the Conference
Committee on SB 155 and to not appoint a new committee.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Bartling; Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund;
Erickson; Feickert; Feinstein; Gibson; Greenfield; Haggar (Don); Haggar (Jenna); Hajek;
Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert; Hickey; Hoffman; Hunhoff (Bernie);
Johns; Kaiser; Kirschman; Kopp; Latterell; Lust; Magstadt; May; Mickelson; Miller;
Munsterman; Nelson; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson;
Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenfish;
Schrempp; Sly; Soli; Solum; Stalzer; Steele; Stevens; Tulson; Tyler; Verchio; Westra; Wick;
Wink; Wismer; Speaker Gosch
Excused:
Carson; Killer; Werner
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried, the report was not adopted, and no new committee was
appointed.
Rep. Mickelson moved that the House do not adopt the report of the Conference
Committee on SB 159 as found on page 811 of the House Journal and do not appoint a new
committee.
The question being on Rep. Mickelson's motion to not adopt the report of the Conference
Committee on SB 159 and to not appoint a new committee.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Carson; Killer
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried, the report was not adopted, and no new committee was
appointed.
Rep. Wink moved that the report of the Conference Committee on SB 90 as found on
page 820 of the House Journal be adopted.
The question being on Rep. Wink's motion that the report of the Conference Committee
on SB 90 be adopted.
And the roll being called:
Yeas 53, Nays 15, Excused 2, Absent 0
Yeas:
Bartling; Bolin; Cammack; Conzet; Cronin; Dryden; Duvall; Ecklund; Erickson; Gibson;
Greenfield; Haggar (Don); Hajek; Hansen; Hawks; Hawley; Heinemann (Leslie); Heinert;
Hoffman; Hunhoff (Bernie); Johns; Kirschman; Kopp; Lust; Magstadt; Mickelson; Miller;
Munsterman; Novstrup (David); Olson (Betty); Otten (Herman); Parsley; Peterson; Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Schrempp; Sly; Solum;
Stevens; Tulson; Verchio; Werner; Westra; Wick; Wink; Wismer; Speaker Gosch
Nays:
Campbell; Craig; Feickert; Feinstein; Haggar (Jenna); Hickey; Kaiser; Latterell; May; Nelson;
Russell; Soli; Stalzer; Steele; Tyler
Excused:
Carson; Killer
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the report was adopted.
The House reconvened at 4:00 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 4.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 8, 2013, I approved House Bills 1013, 1014, 1015,
1016, 1017, 1087, 1151, 1194, 1226, and 1237, and the same have been deposited in the office
of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
I have the honor to inform your honorable body that the Senate has appointed
Sens. Lederman, Peters, and Sutton as a committee of three on the part of the Senate to meet
with a like committee on the part of the House pertaining to fixing the time of adjournment sine
die for the Eighty-eighth Legislative Session.
I have the honor to inform your honorable body that the Senate has appointed Sens. Olson,
Rave, and Frerichs as a committee of three on the part of the Senate 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.
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on SB 155 and no new committee was appointed.
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on SB 159 and no new committee was appointed.
I have the honor to inform your honorable body that the Senate has adopted the reports of
the Conference Committees on SB 90 and 195.
Rep. Munsterman moved that the House do now recess until 7:00 p.m., which motion
prevailed and at 4:04 p.m., the House recessed.
The House reconvened at 7:00 p.m., the Speaker presiding.
Rep. Munsterman moved that the House do now recess until 9:30 p.m., which motion
prevailed and at 7:05 p.m., the House recessed.
The House reconvened at 9:30 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1185 and returns the same with the recommendation that said bill be amended as follows:
Adjust all totals accordingly.
DESCRIPTION: This amendment adds additional general funds and expenditure authority to
the Attorney General's budget for movement to job worth from 2.5 percent to 3.5 percent. The
Governor's recommended budget included funding for job worth increases of 2.5 percent.
(BFM 1)
Adjust all totals accordingly.
Department of Social Services - Increases in 4.0 FTE and $206,337 in general funds for personal
services within the Department of Social Services are for one Program Specialist II and three
Program Specialist I to help develop new and expanded services, and accredit providers.
Unified Judicial System - Increase in 7.0 FTE, $342,677 in general funds, and $67,099 in other
fund expenditure authority for personal services within the Unified Judicial System are for four
Court Service Officers, one Policy Analyst, one Accounting Analyst, and one Programmer
Analyst.
Attorney General - Increase in 2.0 FTE and $101,000 in general funds for personal services and
operating expenses within the Office of the Attorney General are for a Program Coordinator and
an I.T. staff member to help operate the Statewide Automated Victim Information and
Notification System (SAVIN). (BFM2)
Adjust all totals accordingly.
DESCRIPTION: This adds salary policy for the Criminal Justice Initiative. (BFM6)
Adjust all totals accordingly.
DESCRIPTION: Department of Veterans Affairs - This adds back the funds to pay the state's
share of County Veteran Service Officers' Salaries. (BFM8)
Adjust all totals accordingly.
Adjust all totals accordingly.
DESCRIPTION: This removes the amount in the Employee Compensation Pool related to the
proposed Wellness and Medical Management Initiative along with the increases for the internal
service rates related to this initiative. (BFM12)
" Section 37. The state treasurer shall transfer to the state general fund all moneys available
from the tax relief fund created by § 10-45C-15.".
DESCRIPTION: This amendment is needed as the tax relief fund was not repealed as proposed
in SB 51. This amendment will ensure the revenue estimate as adopted will not be reduced
further due to this change in SB 51. (BFM13)
Adjust all totals accordingly.
DESCRIPTION: This amendment adds $10,000 in general funds to the South Dakota
Opportunity Scholarship per the passage of HB1198. The projected fiscal impact was $6,000-$10,000. If the scholarship is not fully funded the proration language takes effect. (BFM 15)
Adjust all totals accordingly.
DESCRIPTION: Department of Education - Increase general funds to allow for a program
specialist to be hired to administer the new grant programs appropriated by the 2013 session.
These programs include Classroom Innovations Grants, grants for CTE in SB235, and Teach
for America. (BFM17)
Adjust all totals accordingly.
DESCRIPTION: DOR - Remove $12,000 from Administration for passage of SB239.
(Sen. Peters)
Adjust all totals accordingly.
DESCRIPTION: DPS-Increase of $15,000 in general fund expenditure authority for the organ
and tissue donation registry as addressed in HB 1217. (Sen. Peters)
"(4) Board of Regents Grant Pool
Personal Services $0 $0 $0 $0
Operating Expenses $1,000,000 $0 $0 $1,000,000
DESCRIPTION: Board of Regents - Research Grant Pool - Provide funding for distribution to
the universities for the purpose of providing grants for research. (Sen. Tiedemann)
Adjust all totals accordingly.
DESCRIPTION: Attorney General. This amendment is for the distribution of 24/7 funds and
Drug Forfeiture funds to counties and local governments. (Attorney General)
Adjust all totals accordingly.
DESCRIPTION: (Attorney General) Reduce personal services funding and 1.0 FTE.
(Sen. Peters)
Adjust all totals accordingly.
DESCRIPTION: BOR - Northern State University - Increase funding for E-Learning to sustain
Learning Power AP courses at the 2012-13 level of 429 students. ($159,120 general funds)
(Sen. Al Novstrup) (Rep. Cronin)
Adjust all totals accordingly.
DESCRIPTION: Treasury Management - funds increased bank fees (State Treasurer)
Adjust all totals accordingly.
DESCRIPTION: School and Public Lands_Increase other fund spending authority to utilize
more Weed and Pest fund money. (SPL)
Adjust all totals accordingly.
DESCRIPTION: Legislature - increase funding for the Legislative Branch. (Rep. Romkema)
" Section 37. The state treasurer shall transfer to the South Dakota Cement Plant Retirement
Fund two million dollars ($2,000,000) from the state general fund.".
DESCRIPTION: Transfer $2,000,000 in general funds to the Cement Plant Retirement Fund.
(Sen. Peters)
"(8A) Nonrecurring Postsecondary Technical Institute Funding
Adjust all totals accordingly."
DESCRIPTION: Department of Education-Provide one-time funding to the technical institutes
for the purpose of purchasing equipment and expanding programming to better meet the
growing and developing needs of South Dakota's workforce. (Rep. Mickelson)
" (7A) Nonrecurring Technology Infrastructure Upgrade Funding
Personal Services $0 $0 $0 $0
Operating Expenses $500,000 $0 $0 $500,000
Total $500,000 $ $0 $500,000
F.T.E. 0.0".
DESCRIPTION: Department of Education - K-12 technology upgrades for local school districts.
Replace aging technology infrastructure to enhance school districts' ability to collaborate in the
delivery of educational services. (Rep. Wink)
Adjust all totals accordingly.
DESCRIPTION: Governor's Office of Economic Development - Increase spending authority
for the Future Fund (Sen. Peters)
" Section 37. The state treasurer shall transfer two million dollars ($2,000,000) from the
general fund to the employer's investment in South Dakota's future fund.".
And that as so amended said bill do pass.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Monday, March 25, the 38th legislative day.
Which motion prevailed.
Rep. Lust moved that the report of the Standing Committee on
Appropriations on HB 1185 as found on page 827 of the House Journal be adopted.
Which motion prevailed.
HB 1185: 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.
"(1A) Nonrecurring Provider Allocation
Personal Services $0 $0 $0 $0
Operating Expenses $2,097,960 $2,482,739 $0 $4,580,699
TOTAL $2,097,960 $2,482,739 $0 $4,580,699
F.T.E. 0.0
The moneys appropriated by this subsection shall be distributed to long term care providers,
community mental health providers, and community support to providers on a nonrecurring
basis.
Adjust all totals accordingly.".
"(3) Nonrecurring State Aid to Education
Personal Services $0 $0 $0 $0
Operating Expenses $2,097,959 $0 $0 $2,097,959
TOTAL $2,097,959 $0 $0 $2,097,959
The moneys appropriated by this subsection shall be distributed to school districts based on the
actual FY 12 fall enrollment.
Adjust all totals accordingly.".
A roll call vote was requested and supported.
The question being on Rep. Wismer's motion that HB 1185 be amended.
And the roll being called:
Yeas:
Bartling; Feinstein; Gibson; Hawks; Hawley; Heinert; Hunhoff (Bernie); Kirschman; May;
Miller; Parsley; Ring; Schoenfish; Soli; Tyler; Wismer
Nays:
Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson;
Greenfield; Haggar (Don); Haggar (Jenna); Hajek; Hansen; Heinemann (Leslie); Hickey;
Hoffman; Johns; Kaiser; Kopp; Latterell; Lust; Magstadt; Mickelson; Munsterman; Nelson;
Novstrup (David); Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds;
Rozum; Russell; Schaefer; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner;
Westra; Wick; Wink; Speaker Gosch
Excused:
Carson; Feickert; Killer; Peterson; Schrempp
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Munsterman moved the previous question.
Which motion prevailed.
The question being "Shall HB 1185 pass as amended?"
And the roll being called:
Yeas 48, Nays 17, Excused 5, Absent 0
Yeas:
Bolin; Cammack; Campbell; Conzet; Craig; Cronin; Dryden; Duvall; Ecklund; Erickson;
Haggar (Don); Haggar (Jenna); Hajek; Hansen; Hawley; Heinemann (Leslie); Hickey; Hoffman;
Johns; Kopp; Latterell; Lust; Magstadt; Mickelson; Miller; Munsterman; Novstrup (David);
Olson (Betty); Otten (Herman); Qualm; Rasmussen; Romkema; Rounds; Rozum; Schaefer;
Schoenfish; Sly; Solum; Stalzer; Steele; Stevens; Tulson; Verchio; Werner; Westra; Wick;
Wink; Speaker Gosch
Nays:
Bartling; Feinstein; Gibson; Greenfield; Hawks; Heinert; Hunhoff (Bernie); Kaiser; Kirschman;
May; Nelson; Parsley; Ring; Russell; Soli; Tyler; Wismer
Excused:
Carson; Feickert; Killer; Peterson; Schrempp
There being no objection, the House reverted to Order of Business No. 7.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on HB 1123.
I have the honor to return herewith HB 1185 which has passed the Senate without change.
The Committee on Legislative Procedure respectfully reports that HB 1030, 1033, 1045,
1050, 1060, 1068, 1085, 1096, 1098, 1122, 1137, 1164, 1165, 1168, 1171, 1184, 1212, 1220,
1233, and 1234 were delivered to his Excellency, the Governor, for his approval at 2:30 p.m.,
March 8, 2013.
The Committee on Legislative Procedure respectfully reports that HB 1123, 1130, and
1185 were delivered to his Excellency, the Governor, for his approval at 11:58 p.m., March 8,
2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1123, 1130, and 1185 and finds the same correctly
enrolled.
The Speaker publicly read the title to
HB 1123: FOR AN ACT ENTITLED, An Act to increase the surcharge on certain hunting
licenses for predator control purposes, approve temporary funding provisions relating to
predator control, and to declare an emergency.
HB 1130: FOR AN ACT ENTITLED, An Act to define certain terms relating to bail bonds.
HB 1185: 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.
SB 5: FOR AN ACT ENTITLED, An Act to establish the public purpose and goals of
postsecondary education, to provide for the funding of higher education, and to create the
Council on Higher Education Policy Goals, Performance, and Accountability.
SB 15: FOR AN ACT ENTITLED, An Act to provide for expenditures for early learning
services from the special education fund, and to revise certain provisions regarding state aid to
special education.
SB 28: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general
fund of a school district.
SB 39: FOR AN ACT ENTITLED, An Act to establish a penalty for a juvenile convicted
as an adult of a Class A or B felony and allow a sentence of up to life imprisonment after a
sentencing hearing.
SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
application of the collection allowance credit for collecting the sales tax.
SB 59: FOR AN ACT ENTITLED, An Act to prohibit the disposal of certain oil and gas
field wastes.
SB 90: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Acts for
fiscal years 2012 and 2013.
SB 106: FOR AN ACT ENTITLED, An Act to prohibit certain minors from using wireless
communication devices while operating motor vehicles upon the public highways.
SB 143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
informational directional signing on the interstate right-of-way.
SB 195: FOR AN ACT ENTITLED, An Act to revise the distribution of the wind energy
tax.
SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
campaign finance.
SB 206: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liability
and to worker's compensation and disability payments for law enforcement officers performing
duties in other jurisdictions.
SB 233: FOR AN ACT ENTITLED, An Act to create the critical teaching needs
scholarship program, to make an appropriation to the education enhancement trust fund to
provide for the annual funding of the scholarships, and to declare an emergency.
SB 235: FOR AN ACT ENTITLED, An Act to create the building South Dakota fund and
certain other funds and programs to enhance economic development and education, to make
certain deposits and transfers, to make continuous appropriations, to revise certain education
funding to support economic development, to make an appropriation therefor, and to declare an
emergency.
SB 236: FOR AN ACT ENTITLED, An Act to appropriate money to the Board of Regents
to fund the expansion of information systems programs and cyber security programs at Dakota
State University, and to declare an emergency.
SB 237: FOR AN ACT ENTITLED, An Act to appropriate funds for deposit into the need-based grant fund, to provide for annual funding of the need-based grant fund with a portion of
the funds received from the education enhancement trust fund, and to declare an emergency.
And signed the same in the presence of the House.
Rep. Conzet moved that the House do now adjourn, which motion prevailed and at
11:58 p.m. the House adjourned.