The prayer was offered by the Chaplain, Father David Hussey, followed by the Pledge of
Allegiance led by House page Jared Hueser.
Roll Call: All members present except Reps. Kaiser and Munsterman 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-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
I have the honor to return herewith HB 1005, 1043, 1079, 1137, 1236, and 1244 which
have passed the Senate without change.
I have the honor to return herewith HB 1044, 1088, 1091, 1134, 1145, 1212, and 1242
which have been amended by the Senate and your concurrence in the amendments is respectfully
requested.
I have the honor to inform your honorable body that HB 1116 and 1162 were lost on
second reading and final passage.
I have the honor to inform your honorable body that HB 1143 and 1144 were tabled.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on SB 132.
Rep. Schoenbeck moved that the House do concur in Senate amendments to HB 1060.
The question being on Rep. Schoenbeck's motion that the House do concur in Senate
amendments to HB 1060.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Excused:
Kaiser; Latterell; Munsterman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Johns moved that the report of the Conference Committee on HB 1183 as found on
page 839 of the House Journal be adopted.
The question being on Rep. Johns' motion that the report of the Conference Committee on
HB 1183 be adopted.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin;
Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don);
Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt;
Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; Marty; May; McCleerey; Mickelson;
Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli;
Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen;
Wollmann; Zikmund; Speaker Wink
Excused:
Kaiser; Latterell; Munsterman
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 question being on Rep. Cronin's motion that the report of the Conference Committee
on SB 45 be adopted.
And the roll being called:
Yeas 61, Nays 6, Excused 3, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Campbell; Conzet; Craig; Cronin; Deutsch;
DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns;
Killer; Kirschman; Klumb; Langer; McCleerey; Mickelson; Novstrup (Al); Otten (Herman);
Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer;
Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson;
Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Brunner; Haugaard; Marty; May; Russell; Verchio
Excused:
Kaiser; Latterell; Munsterman
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried and the report was adopted.
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 appointed
Sens. Tieszen, Solano, and Heinert as a committee of three on the part of the Senate to meet
with a like committee on the part of the House to adjust the differences between the two houses
on SB 44.
The Committee on Legislative Procedure respectfully reports that HB 1051, 1075, 1080,
1096, 1119, 1120, 1125, 1135, 1136, 1138, 1141, 1163, 1169, 1182, 1187, 1188, 1189, 1201,
1208, 1213, 1214, and 1230 were delivered to his Excellency, the Governor, for his approval
at 9:20 a.m., March 8, 2016.
The Committee on Legislative Procedure respectfully reports that HB 1042, 1045, 1099,
1127, 1132, 1153, 1167, 1177, 1204, 1224, and 1243 were delivered to his Excellency, the
Governor, for his approval at 9:55 a.m., March 9, 2016.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1005, 1029, 1043, 1046, 1061, 1064, 1068, 1078,
1079, 1094, 1110, 1118, 1137, 1140, 1146, 1157, 1190, 1203, 1218, 1236, 1238, and 1244 and
finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1005: FOR AN ACT ENTITLED, An Act to revise and repeal certain fees that are
established to compensate counties for services provided by county officials.
HB 1029: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department
of Health to fund the rural residency program and to declare an emergency.
HB 1043: FOR AN ACT ENTITLED, An Act to revise the state aid to special education
formula.
HB 1046: FOR AN ACT ENTITLED, An Act to make an appropriation to the railroad trust fund and to declare an emergency.
HB 1064: FOR AN ACT ENTITLED, An Act to apply certain penalties regarding
damages, tampering, and malicious acts to certain railroads that carry passengers.
HB 1068: FOR AN ACT ENTITLED, An Act to revise provisions related to the conversion
of nonprofit corporations.
HB 1078: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and
prosecution for certain alcohol related offenses to persons who assist a person in need of
emergency assistance or who are themselves in need of emergency assistance.
HB 1079: FOR AN ACT ENTITLED, An Act to permit the prescription and possession
of an opioid antagonist in certain instances.
HB 1094: FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer
inspection fee for purposes of fertilizer-related research and education and to create the Nutrient
Research and Education Council to promote such research and education.
HB 1110: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn
children.
HB 1118: FOR AN ACT ENTITLED, An Act to limit the amount of instructional time that
may be spent administering statewide academic assessments.
HB 1137: FOR AN ACT ENTITLED, An Act to revise the distribution of registration fees
from noncommercial gross weight vehicles.
HB 1140: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding county
zoning.
HB 1146: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter
agreements with Indian tribes regarding the high school equivalency tests administered on
Indian reservations.
HB 1157: FOR AN ACT ENTITLED, An Act to require that a doctor provide a woman
additional information as a part of informed consent prior to performing an abortion.
HB 1190: FOR AN ACT ENTITLED, An Act to enhance customer convenience in
firearms transactions, improve public safety, and provide for the issuance of an additional
concealed pistol permit.
HB 1203: FOR AN ACT ENTITLED, An Act to pay off bonds and make certain other
changes necessary to effectuate a tuition freeze by the Board of Regents and the technical
institutes, to make an appropriation therefor, and to declare an emergency.
HB 1236: FOR AN ACT ENTITLED, An Act to define a halfway house.
HB 1238: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the
Executive Board of the Legislative Research Council.
HB 1244: FOR AN ACT ENTITLED, An Act to revise provisions related to the sex
offender registry
SB 2: FOR AN ACT ENTITLED, An Act to revise the distribution of the revenue from
the alcoholic beverage fund.
SB 5: FOR AN ACT ENTITLED, An Act to revise the procedure to initiate a school
district boundary change.
SB 19: FOR AN ACT ENTITLED, An Act to revise certain mandatory reporting
requirements for elder and disabled adult abuse and neglect.
SB 22: FOR AN ACT ENTITLED, An Act to add emergency medical technicians and
paramedics to the list of mandatory reporters, and to update cross references in the section.
SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sentencing and supervision of prison inmates and parolees with suspended sentences.
SB 46: FOR AN ACT ENTITLED, An Act to revise the notice filing fee for open-end
management companies.
SB 54: FOR AN ACT ENTITLED, An Act to adopt the Elder Abuse Task Force's statutory
recommendations in order to protect South Dakota seniors and adults with disabilities from
abuse, neglect, and exploitation.
SB 58: FOR AN ACT ENTITLED, An Act to revise certain restrictions for the use of
night-vision equipment for hunting under certain conditions.
SB 90: FOR AN ACT ENTITLED, An Act to ensure that members of the public are able
to access and record public meetings.
SB 91: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
information on the forms provided to persons who sign initiated constitutional amendments,
referred laws, or initiated measures.
SB 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
homestead exemption.
SB 107: FOR AN ACT ENTITLED, An Act to clarify certain safety zone restrictions on hunting.
SB 129: FOR AN ACT ENTITLED, An Act to establish certain suicide awareness and
prevention training requirements for certain school employees based on the Jason Flatt Act.
SB 132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
education funding.
SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding shared
services provided by the state to school districts, the sharing of services of school district
employees, the classroom innovation grant program, and educator mentoring and certification
reciprocity.
SB 136: FOR AN ACT ENTITLED, An Act to permit certain cropland along lakes, rivers,
and streams to be assessed as noncropland.
SB 142: FOR AN ACT ENTITLED, An Act to authorize certain disclosures of mental
health information to law enforcement.
SB 152: FOR AN ACT ENTITLED, An Act to enact the Peter Falk Act to ensure visitation
of certain protected persons.
And signed the same in the presence of the House.
Rep. Gosch moved that the House do now recess until 2:00 p.m., which motion prevailed
and at 11:21 a.m., the House recessed.
The House reconvened at 2:00 p.m., the Speaker presiding.
Your Select Committee appointed on house rules respectfully reports that it has had under
consideration the house rules and recommends that the house rules of the Ninety-first
Legislative Session be adopted as the house rules of the Ninety-second Legislative Session with
the following change:
H5-3. Other votes. On all other questions to be voted upon, except upon elections, the
presiding officer may order the "yeas" and "nays" to be taken by the electronic voting system,
voice vote, or standing vote. Upon demand of a member requesting a division before the result
of a vote has been announced by the presiding officer, the "yeas" and "nays" shall may be taken
by the electronic voting system.
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 Ninety-first
Legislative Session be adopted as the joint rules of the Ninety-second Legislative Session with
the following changes:
Amend Chapter 3 as follows:
3-3. Office of Engrossing and Enrolling. The Legislative Research Council shall perform all
engrossing and enrolling duties. In addition, each house may hire secretaries necessary to
conduct the business of the standing committees. Any secretary appointed to a committee is
responsible to the committee chair. In each house, a secretary is provided to the majority and
minority party parties.
6C-1. Bills and resolutions that require fiscal notes. A bill, amendment, or resolution that
has an effect on the revenues, expenditures, or fiscal liability of the state or any political
subdivision of the state may include a fiscal note incorporating an estimate of the effect. This
rule does not apply to the cost of legislative processing or any appropriation bill with specific
dollar amounts. A fiscal note is an estimate of the fiscal implications relating to revenues,
expenditures or debt, and the probable cost of the bill, amendment, or resolution. In preparing
the fiscal note, the Director of the Legislative Research Council may use information or data
supplied by any person, agency, organization, or governmental unit that the director deems
reliable. The director shall state the sources of the information or data used and may state the
extent to which the director relied on the information or data in preparing the fiscal note. If the
director is unable to acquire or develop sufficient information or data to prepare a fiscal note,
the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed to
comply with this rule. If the director determines that the fiscal impact of a bill, amendment, or
resolution cannot be determined, the director may prepare the fiscal note stating that fact, and
the fiscal note shall be deemed to comply with this rule.
This rule does not apply to fiscal impact statements prison or jail population cost estimates
required by §§ 2-1-19 and 2-1-20.
6C-1.1. Request for fiscal note by any member. A fiscal note may be requested by:
(1) The presiding officer when a bill, amendment, or resolution is introduced;
(2) The chair of the standing committee possessing the bill, amendment, or resolution;
(3) A majority vote of the standing committee possessing the bill, amendment, or
resolution; or
(4) A legislator, if the legislator is supported by a vote of one-fifth of the body before the
second reading of the bill or resolution.
Amend Chapter 7 as follows:
7-11. Introduction of general appropriation bill. The general appropriation bill shall be
introduced by the Senate House Committee on Appropriations in even-numbered years and by
the House Senate Committee on Appropriations in odd-numbered years.
|
Legislative Deadlines |
|
|
Legislative Action |
40 Day Session |
| A. Last day for unlimited introduction of individual bills and joint resolutions1 | 12th Day |
| B. Last day for introduction of individual bills and joint resolutions1 | 15th Day |
| C. Last day for introduction of committee bills and joint resolutions1 | 16th Day |
| D. Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house | 26th Day |
| E. Last day to move required delivery of bills or resolutions by a committee to the house of origin | 27th Day |
| F. Last day to pass bills or joint resolutions by the house of origin and to introduce concurrent resolutions | 28th Day |
|
G. Last day for introduction of |
|
| H. During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment) | 34th Day on |
| I. Last day to move required delivery of bills or resolutions by a committee to the second house | 35th Day |
| J. Last day for a bill or joint resolution to pass both houses | 36th Day |
| K. Two days preceding the last two days of a legislative session shall be reserved for concurrences or action upon conference committee reports |
37th Day 38th Day |
| L. The last day of a legislative session is reserved for the consideration of vetoes | 40th Day |
|
1 Bills and joint resolutions must be submitted to the Legislative Research Council at least 48 hours prior to this deadline, pursuant to Joint Rule 6A-5. |
|
I have the honor to inform your honorable body that the Senate has adopted the reports of
the Conference Committees on HB 1183 and SB 45.
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 26, 64, 65, 72, 100, and 104.
The Speaker appointed Reps. Johns, Stevens, and Steinhauer as a committee of three on
the part of the House to meet with a like committee on the part of the Senate to adjust the
differences between the two houses on SB 44.
Rep. Westra moved that HB 1145 be placed to precede HB 1044 on today's calendar.
Which motion prevailed.
Rep. Sly moved that the House do concur in Senate amendments to HB 1145.
Rep. Bolin moved as a substitute motion that the House do not concur in Senate
amendments to HB 1145 and 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 adjust the differences between the two
houses.
Which motion prevailed.
Which motion prevailed and the Speaker appointed as such committee Reps. Mickelson,
Cronin, and Ring.
Rep. Haggar moved that the House do concur in Senate amendments to HB 1088.
The question being on Rep. Haggar's motion that the House do concur in Senate
amendments to HB 1088.
And the roll being called:
Yeas 47, Nays 14, Excused 9, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Deutsch; DiSanto; Duvall;
Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Hawley; Heinemann (Leslie);
Holmes; Hunt; Klumb; Langer; Marty; May; McCleerey; Mickelson; Novstrup (Al); Otten
(Herman); Peterson (Kent); Qualm; Rasmussen; Rozum; Russell; Schaefer; Schoenbeck;
Schoenfish; Sly; Solum; Stalzer; Steinhauer; Stevens; Tulson; Westra; Willadsen; Wollmann;
Zikmund; Speaker Wink
Nays:
Bordeaux; Gibson; Haugaard; Hawks; Johns; Killer; Kirschman; Ring; Rounds; Schrempp; Soli;
Verchio; Werner; Wiik
Excused:
Cronin; Dryden; Hunhoff (Jean); Jensen (Alex); Kaiser; Latterell; Munsterman; Partridge;
Romkema
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Willadsen moved that the House do concur in Senate amendments to HB 1091.
The question being on Rep. Willadsen's motion that the House do concur in Senate
amendments to HB 1091.
And the roll being called:
Yeas 63, Nays 1, Excused 6, Absent 0
Nays:
Haugaard
Excused:
Cronin; Hunhoff (Jean); Kaiser; Latterell; Munsterman; Romkema
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Johns moved that the House do concur in Senate amendments to HB 1134.
The question being on Rep. Johns' motion that the House do concur in Senate amendments
to HB 1134.
And the roll being called:
Yeas 63, Nays 1, Excused 6, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch;
DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Hawks; Hawley; Heinemann (Leslie); Holmes; Hunt; Jensen (Alex); Johns; Killer; Kirschman;
Klumb; Langer; Marty; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge;
Peterson (Kent); Qualm; Rasmussen; Ring; Rounds; Rozum; Russell; Schaefer; Schoenbeck;
Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio;
Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Haugaard
Excused:
Cronin; Hunhoff (Jean); Kaiser; Latterell; Munsterman; Romkema
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
The question being on Rep. Hunt's motion that the House do concur in Senate amendments
to HB 1212.
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Deutsch;
DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison;
Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunt; Jensen (Alex); Johns; Killer;
Kirschman; Klumb; Langer; Marty; May; McCleerey; Mickelson; Novstrup (Al); Otten
(Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Rounds; Rozum; Russell;
Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens;
Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink
Excused:
Cronin; Hunhoff (Jean); Kaiser; Latterell; Munsterman; Romkema
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Gibson moved that the House do concur in Senate amendments to HB 1242.
The question being on Rep. Gibson's motion that the House do concur in Senate
amendments to HB 1242.
And the roll being called:
Yeas 57, Nays 8, Excused 5, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; DiSanto; Dryden;
Duvall; Feickert; Gibson; Gosch; Haugaard; Hawks; Hawley; Holmes; Hunhoff (Jean); Jensen
(Alex); Johns; Killer; Kirschman; Klumb; Langer; Marty; May; McCleerey; Mickelson;
Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring;
Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli;
Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann;
Speaker Wink
Nays:
Craig; Deutsch; Greenfield (Lana); Haggar (Don); Heinemann (Leslie); Hunt; Verchio;
Zikmund
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Gosch moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on
Thursday, March 10, the 36th legislative day.
Which motion prevailed.
Rep. Anderson moved that the House do now adjourn, which motion prevailed and at
2:58 p.m. the House adjourned.