JOURNAL OF THE HOUSE

NINETY-SECOND SESSION



THIRTY-SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, March 9, 2017

    The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by House page Robert Marlow.

    Roll Call: All members present except Reps. Conzet, Frye-Mueller, and McPherson 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-fifth 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,
G. Mark Mickelson, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 8, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 8, 2017, I approved House Bills 1053, 1065, 1071, and 1100, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 8, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 8, 2017, I approved House Bills 1107, 1117, 1144, and 1211, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Ninety-third Legislative Session be January 9 through January 12, January 16 through January 19, January 22 through January 25, January 30 through February 2, February 5 through February 8, February 12 through February 15, February 20 through February 23, February 26 through March 1, March 5 through March 9, and March 26.

Respectfully submitted,                        Respectfully submitted,
Larry Rhoden                                Brock Greenfield
Arch Beal                                    R. Blake Curd
Susan Wismer                                Billie Sutton
House Committee                                Senate Committee


Also MR. SPEAKER:

    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-second Legislative Session be adopted as the joint rules of the Ninety-third Legislative Session with the following changes:

Amend Chapter 1 as follows:

1A-9.   Cellular telephones prohibited. Cellular telephones may not be used in either chamber or gallery while the Legislature is in session, except for silent functions that do not distract others.

1B-3.1  Sexual contact prohibited. No legislator or legislative employee may have sexual contact with any legislative intern or page, and no legislative intern may have sexual contact with a page.

Amend Chapter 3 as follows:

3-7.   Sexual harassment prohibited. All employees are responsible for ensuring that the workplace is free from sexual harassment. All employees shall avoid any action or conduct which could be viewed as sexual harassment. An employee shall report any sexual harassment complaint within one year of its occurrence. Such complaints may be reported to: or any supervisor

    (1) the The president pro tempore of the Senate, in the case of a Senate employee;

    (2) The speaker of the House, in the case of a House employee;

    (3) Any legislator who supervises House or Senate employees, respectively;

    (4) A majority or minority party legislative secretary; or

    (5) The Legislative Research Council Director, Deputy Director, or intern coordinators.

Any complaints received pursuant to (3), (4), or (5) shall be reported promptly, in writing, by the recipient of the complaint to the president pro tempore of the Senate or the speaker of the House, respectively. If the situation is not resolved, the employee shall forward the complaint to the Executive Board of the Legislative Research Council. The provisions of this section apply only to complaints which are made on a timely basis under the provisions of this section.

Amend Chapter 6 as follows:

6B-6.   Pre-filing of agency bills. No bill or resolution introduced at the request of a department, board, commission, or any other agency of state government, except bills or resolutions introduced at the request of the Governor or Chief Justice, may be considered by the Legislature unless such bill or resolution is pre-filed with the director of the Legislative Research Council at least forty-eight hours before the opening of a legislative session and available for

introduction on the first legislative day. The chairman may approve introduction of the bill electronically.

6C-1.1.   Request for fiscal note or prison or jail population cost estimate by any member. A fiscal note or prison or jail population cost estimate 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.

6C-1.3.  Prison or jail population cost estimates. A prison or jail population cost estimate may be requested pursuant to Joint Rule 6C-1.1 for any bill or amendment with a Class 1 misdemeanor penalty that may impact the state prison or county jail population. The cost estimate shall be prepared pursuant to §§ 2-1-19 and 2-1-20.

6D-1.  Referral of bills and resolutions to standing committees. Unless otherwise ordered, each bill or joint resolution shall be referred to a standing committee after its first reading.

If any member introduces an appropriation bill, the bill shall be referred directly to a standing committee. If any Committee on Appropriations introduces an appropriation bill, the presiding officer of the house of origin may waive referral to a standing committee. If an appropriation a bill has received final disposition from the Joint Committee on Appropriations, the presiding officer may waive the referral of the bill to a standing committee.

For the purposes of the Joint Rules, an appropriation bill is any bill that appropriates money from public funds and that appropriation is expressed in the title of the bill.

The presiding officer may waive the referral of concurrent resolutions to a standing committee. A copy of any concurrent resolution shall be posted to the Legislative Research Council internet site before the resolution is acted upon.

Amend Chapter 7 as follows:

7-12.   Joint committee on appropriations. The Joint Committee on Appropriations, consisting of the Senate and House Committees on Appropriations, is deemed to be a standing committee of the Senate and House of Representatives for the limited purposes of hearing agency or other budget presentations, and introducing, hearing, or acting on appropriation bills that authorize the sale of state property, appropriate money, or adjust school district property tax levies pursuant to an appropriations bill. All Joint Committee on Appropriations action shall be approved by a majority vote of the Joint Committee unless a member calls for a separate vote of the House Committee on Appropriations and the Senate Committee on Appropriations in which case a majority vote of each committee is required to adopt the action.


Each agenda for the Joint Committee on Appropriations shall be approved by the chair of the Senate Committee on Appropriations and the chair of the House Committee on Appropriations. The respective vice chair of each committee may sign in the absence of the chair.

Amend Chapter 17 as follows:

CHAPTER 17. LEGISLATIVE DEADLINES


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
28th Day  
F. Last day to pass bills or joint resolutions by the house of origin and to introduce concurrent resolutions   28th Day
29th Day  
G. Last day for introduction of commemorations   33rd Day  
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.  

17-1. Exceptions to deadlines for appropriation bills. Any general appropriation bill and any bill that adjusts school district property tax levies pursuant to an appropriations bill is not subject to the legislative deadlines of C, E, F, I, J, and K, in this chapter, except that the general appropriation bill requested by the Governor shall be subject to legislative deadline C.

Any appropriation bill that is not a general appropriation bill, which is referred to or reported to the floor by the House Committee on Appropriations, the Senate Committee on Appropriations or the Joint Committee on Appropriations, is subject to the following legislative deadlines, in lieu of the legislative deadlines of E and F, in this chapter:

    (1) Last day to move required delivery of bills by a committee to the house of origin: 31st Day;

    (2) Last day to pass bills by the house of origin: 32nd Day.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson        Brock Greenfield
Lee Qualm        R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee        Senate Committee

REPORTS OF CONFERENCE COMMITTEES

Cc80A

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 80 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the SB 80 be amended as follows:

80bb


    On page 2, after line 6 of the House Transportation Committee engrossed bill, insert:

"    Section 5. That § 22-21-1 be amended to read:

    22-21-1. Any person who, except as authorized by law:

            (1)    Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or

            (2)    Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation;

            (3)    Intentionally uses a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy; or

            (4)    Lands a drone on the lands or waters of another resident provided the resident owns the land beneath the water body in its entirety without the owner's consent, except in the case of forced landing and the owner or lessee of the drone will be liable for any damage resulting from a forced landing;
is guilty of a Class 1 misdemeanor. Subdivision Subdivisions (2) shall and (3) do not apply to law enforcement officers, or to those acting under their the direction of a law enforcement officer, while engaged in the performance of their the officer's lawful duties. These restrictions do not apply to a drone operator operating a drone for commercial or agricultural purposes pursuant to or in compliance with federal aviation administration regulations, authorizations, and exemptions nor do they apply to an emergency management worker operating a drone within the scope of the worker's duties. ".

Respectfully submitted,                Respectfully submitted,
Craig Tieszen                        Arthur Rusch
House Committee Chair                Senate Committee Chair

Cc172a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 172 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 172 be amended as follows:

172fj


    On page 3, between lines 2 and 3 of the House engrossed bill, insert:

"    Section 7. That chapter 13-13 be amended by adding a NEW SECTION to read:

    The state general fund savings obtained through the state aid to education formula from the difference between the school general fund levy for agriculture property for taxes payable in 2018 pursuant to §§ 13-13-71, 13-13-72, and 13-13-72.1 and the agriculture property levy adopted by legislative action for taxes payable in 2018, shall be directed to the state animal disease research and diagnostic laboratory bond redemption and operations fund. Pursuant to this section, the savings amount dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund in fiscal year 2018 shall be one million six hundred fifteen thousand dollars. In fiscal year 2019 and each year thereafter, the savings amount dedicated from the general fund to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be three million three hundred fifty thousand dollars.

    Section 8. Section 7 of this Act is repealed on the first day of the fiscal year following a determination by the Animal Industry Board that bonds issued for the State Animal Disease Research and Diagnostic Laboratory are satisfied and paid in full.

    Section 9. That § 39-14-43 be amended to read:

    39-14-43. An inspection fee established in rules promulgated by the secretary of agriculture pursuant to chapter 1-26, but not to exceed twenty-four cents per ton, shall be paid on

commercial feeds distributed in this state by the person who distributes the commercial feed to the consumer subject to the following:

            (1)    No fee need be paid on a commercial feed if the payment has been made by a previous distributor;

            (2)    No fee need be paid on customer-formula feeds;

            (3)    No fee need be paid on commercial feeds used as ingredients for the manufacture of commercial feeds provided the fee has been paid by a previous distributor. If the fee has been paid, credit is given for the payment;

            (4)    In the case of a pet food which is distributed in the state only in packages of ten pounds or less, a biennial an annual fee of fifty ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above;

            (5)    In the case of a specialty pet food which is distributed in the state only in packages of ten pounds or less, a biennial an annual fee of twenty-five ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above; and

            (6)    The minimum inspection fee shall be twenty dollars per twelve-month period.

    Section 10. That the code be amended by adding a NEW SECTION to read:

    An amount equal to seventy-four dollars per product on pet food and eighty-six dollars and fifty cents per product on specialty pet food, as provided in § 39-14-43, shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund established by section 6 of this Act. The money shall be transferred to the general fund coinciding with the general fund bond payments for the State Animal Disease Research and Diagnostic Laboratory, as well as annual maintenance, operations, and repair of the State Animal Disease Research and Diagnostic Laboratory.

    Section 11. That § 39-14-45 be amended to read:

    39-14-45. Fees Any fee collected pursuant to §§ 39-14-40.1, 39-14-43, and 39-14-44 that is not dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be remitted at the end of each month to the state treasurer for deposit in the feed and remedy fund which is hereby established in the state treasury. This The feed and remedy fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The feed and remedy fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the feed and remedy program. Expenditures from the feed and remedy fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the feed and remedy fund until appropriated by the Legislature.

    Section 12. That § 39-18-3 be amended to read:

    39-18-3. Before being distributed in South Dakota, each animal remedy, except any animal remedy that is manufactured and distributed under license from and under the supervision of the United States Department of Agriculture, shall be registered by the manufacturer or the person responsible for distributing such the animal remedy.

    Section 13. That § 39-18-8 be amended to read:

    39-18-8. Upon approval by the secretary of agriculture, a copy of the registration of an animal remedy shall be forwarded to the applicant. All registrations are on a biennial an annual basis, expiring the thirty-first day of December of the year after the date of registration. A biennial An annual registration fee of twenty-five seventy-five dollars for each product shall be paid to the secretary upon application for registration.

    Section 14. That § 39-18-9 be amended to read:

    39-18-9. All funds collected by the secretary of agriculture under this chapter of the registration fee paid pursuant to § 39-18-8 on any animal remedy manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund and used to retire bonds issued for the State Animal Disease Research and Diagnostic Laboratory.

    Twelve dollars and fifty cents of the animal remedy registration fee paid pursuant to § 39-18-8 on any animal remedy not manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be paid into the feed and remedy fund established in § 39-14-45. The remaining sixty-two dollars and fifty cents of this registration fee shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund.

    Section 15. Sections 9 to 14, inclusive, are effective on July 1, 2017.".


172ftd


    On page 1, line 3, of the House engrossed bill, after "University," insert "to increase certain agricultural fees,".

Respectfully submitted,                Respectfully submitted,
Lee Qualm                        Gary Cammack
House Committee Chair                Senate Committee Chair

Cc176a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 176 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 176 be amended as follows:

176fg


    On page 3, after line 1 of the House engrossed bill, insert:

"    Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


176ftc


    On page 1, line 1 of the House engrossed bill, after "travel," delete "and".

    On page 1, line 2, after "response" insert ", and to declare an emergency".

Respectfully submitted,                Respectfully submitted,
Larry Rhoden                        Bob Ewing
House Committee Chair                Senate Committee Chair

Cc1035a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1035 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1035 be amended as follows:

1035fb


    On page 2, line 17, of the Senate State Affairs Committee engrossed bill, delete "five percent".

    On page 4, line 6, delete "five percent".

Respectfully submitted,                Respectfully submitted,
Herman Otten                        Jim Bolin
House Committee Chair                Senate Committee Chair

Cc171a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 171 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                Respectfully submitted,
Don Haggar                        Brock Greenfield
House Committee Chair                Senate Committee Chair

Cc128a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 128 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 128 be amended as follows:

128ja


    On page 1, line 5, of the House Judiciary Committee engrossed bill, delete "or wholesaler".

    On page 1, line 6, delete everything before "event" and insert "pour or serve any alcoholic beverages and a wholesaler licensee may pour or serve wine at any".

    On page 1, after line 12, insert:

"    Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


        
128ktb


    On page 1, line 2, of the House Judiciary Committee engrossed bill, after "events" insert "and to declare an emergency".

Respectfully submitted,                Respectfully submitted,
Tona Rozum                        Al Novstrup
House Committee Chair                Senate Committee Chair


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 25, 27, 78, 95, 104, 130, 141, 147, and 33.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 80.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 172 and HB 1035.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Qualm 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 Ninety-second Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Mickelson, Qualm, and Hawley.

    Rep. Qualm 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. Mickelson, Qualm, and Hawley.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Tieszen moved that the report of the Conference Committee on SB 80 as found on page 724 of the House Journal be adopted.

    The question being on Rep. Tieszen's motion that the report of the Conference Committee on SB 80 be adopted.

    And the roll being called:

    Yeas 63, Nays 3, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

    Nays:
Kaiser; Latterell; Zikmund

    Excused:
Conzet; Frye-Mueller; Haugaard; McPherson

    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.

    Rep. Otten moved that the report of the Conference Committee on HB 1035 as found on page 728 of the House Journal be adopted.

    The question being on Rep. Otten's motion that the report of the Conference Committee on HB 1035 be adopted.

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Conzet; Frye-Mueller; Haugaard; McPherson

    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.

    Rep. Haggar moved that the report of the Conference Committee on SB 171 as found on page 729 of the House Journal be adopted.

    The question being on Rep. Haggar's motion that the report of the Conference Committee on SB 171 be adopted.

    And the roll being called:

    Yeas 61, Nays 5, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Gosch; Howard; Kaiser; Karr; Pischke

    Excused:
Conzet; Frye-Mueller; Haugaard; McPherson

    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.

    Rep. Qualm moved that the report of the Conference Committee on SB 172 as found on page 725 of the House Journal be adopted.

    The question being on Rep. Qualm's motion that the report of the Conference Committee on SB 172 be adopted.

    And the roll being called:

    Yeas 60, Nays 6, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Lust; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Dennert; DiSanto; Kaiser; Latterell; Livermont; Marty

    Excused:
Conzet; Frye-Mueller; Haugaard; McPherson

    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.

    Rep. Rhoden moved that the report of the Conference Committee on SB 176 as found on page 728 of the House Journal be adopted.

    The question being on Rep. Rhoden's motion that the report of the Conference Committee on SB 176 be adopted.

    And the roll being called:

    Yeas 45, Nays 22, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Bartling; Beal; Carson; Chase; Clark; Duvall; Glanzer; Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lust; Marty; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bordeaux; Brunner; Campbell; Dennert; DiSanto; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Kaiser; Latterell; Lesmeister; Livermont; May; Peterson (Sue); Pischke; Ring; Soli; Wiese; York

    Excused:
Conzet; Frye-Mueller; McPherson

    So the motion not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion lost.

    Pursuant to Joint Rule 5-13.1, SB 176 was up for immediate reconsideration.

    The Speaker announced the reconsideration of SB 176 will be considered following the next recess.

    Rep. Rozum moved that the report of the Conference Committee on SB 128 as found on page 729 of the House Journal be adopted.

    The question being on Rep. Rozum's motion that the report of the Conference Committee on SB 128 be adopted.

    And the roll being called:

    Yeas 66, Nays 1, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Haugaard

    Excused:
Conzet; Frye-Mueller; McPherson

    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. 6.

REPORTS OF CONFERENCE COMMITTEES

Cc151a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 151 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                Respectfully submitted,
Lee Qualm                        R. Blake Curd
House Committee Chair                Senate Committee Chair

    Rep. Qualm moved that the House do now recess until 4:30 p.m., which motion prevailed and at 2:02 p.m., the House recessed.

RECESS

    The House reconvened at 4:30 p.m., the Speaker presiding.

REPORTS OF CONFERENCE COMMITTEES
(continued)

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MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1157 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that they do not concur with the Senate amendments to HB 1157 and do not appoint a new committee.

Respectfully submitted,                Respectfully submitted,
Lee Qualm                        Gary Cammack
House Committee Chair                Senate Committee Chair


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 171.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on SB 151 and no new committee was appointed.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Langer, Ewing, and Killer 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 Ninety-second Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Greenfield, Curd, 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 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,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Friday, March 10, the 37th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Pursuant to Joint Rule 5-13.1, Rep. Rhoden moved that the report of the Conference Committee on SB 176 as found on page 728 of the House Journal be adopted.

    The question being on Rep. Rhoden's motion that the report of the Conference Committee on SB 176 be adopted.

    And the roll being called:

    Yeas 55, Nays 12, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Brunner; Carson; Chase; Clark; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lust; Marty; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Bordeaux; Campbell; Dennert; Haugaard; Howard; Kaiser; Lesmeister; Livermont; May; Ring; Smith; Wiese

    Excused:
Conzet; Frye-Mueller; McPherson

    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.

    Rep. Qualm moved that the report of the Conference Committee on HB 1157 as found on page 735 of the House Journal be adopted.

    The question being on Rep. Qualm's motion that the report of the Conference Committee on HB 1157 be adopted.

    And the roll being called:

    Yeas 66, Nays 1, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Latterell

    Excused:
Conzet; Frye-Mueller; McPherson

    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.

    There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1001, 1063, 1072, 1092, 1097, 1101, 1112, 1141, 1143, 1155, 1156, 1165, 1173, and 1183 were delivered to his Excellency, the Governor, for his approval at 10:40 a.m., March 9, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1014, 1090, 1103, 1113, 1184, 1191, 1205, 1206, 1207, 1208, 1209, and 1210 were delivered to his Excellency, the Governor, for his approval at 3:10 p.m., March 9, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1034, 1035, 1052, 1073, 1076, 1082, 1147, 1159, 1170, 1179, and 1185 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 128 and HB 1157.

Respectfully,
Kay Johnson, Secretary

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1034: FOR AN ACT ENTITLED, An Act to establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting.

    HB 1035: FOR AN ACT ENTITLED, An Act to revise and provide certain procedures for filing, certifying, and challenging petitions.

    HB 1052: FOR AN ACT ENTITLED, An Act to provide certain protections for public employees.

    HB 1073: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding gifts from registered lobbyists to public officials.

    HB 1076: FOR AN ACT ENTITLED, An Act to create a State Government Accountability Board.

    HB 1082: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

    HB 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding concealed carry permits and to declare an emergency.

    HB 1159: FOR AN ACT ENTITLED, An Act to repeal a certain provision regarding the regulation of commercial breeding operations.

    HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding conflicts of interest for authority, board, or commission members.

    HB 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions related to exemptions from licensure for nonresidential mortgage loans.


    HB 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning recreational facilities provided by municipalities.

    SB 25: FOR AN ACT ENTITLED, An Act to provide for the release of certain booking photographs.

    SB 27: FOR AN ACT ENTITLED, An Act to prohibit certain direct conflicts of interest by public officials and to provide a penalty therefor.

    SB 78: FOR AN ACT ENTITLED, An Act to revise provisions regarding election petitions for conservation district supervisors.

    SB 95: FOR AN ACT ENTITLED, An Act to add cannabidiol to the list of Schedule IV controlled substances and to exclude it from the definition of marijuana.

    SB 104: FOR AN ACT ENTITLED, An Act to protect certain easement holders and rural customers from shutoffs by certain energy companies.

    SB 130: FOR AN ACT ENTITLED, An Act to revise provisions regarding the amount licensing agents may collect on the sale of certain licenses and permits for the Department of Game, Fish and Parks to designate the use of certain funds received by the department, and to establish certain reporting requirements.

    SB 138: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding asbestos bankruptcy trust claims.

    SB 141: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

    SB 147: FOR AN ACT ENTITLED, An Act to establish a rate-setting methodology for services delivered by community-based health and human services providers.

    SB 149: FOR AN ACT ENTITLED, An Act to provide certain protections to faith-based or religious child-placement agencies.

    SB 166: FOR AN ACT ENTITLED, An Act to provide certain provisions excluding business-to-business lending from certain money lending limitations.

    And signed the same in the presence of the House.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:03 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk