House of Representatives Journal 3/10/2017 11:00 AM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

THIRTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 10, 2017

The House convened at 11:00 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by House page Sophie Kouri.

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-sixth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

G. Mark Mickelson, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 10, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 9, 2017, I approved House Bills 1077, 1083, 1118, and 1195, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF CONFERENCE COMMITTEES

Cc35a

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 35 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 35 be amended as follows:

35jb

On page 1, line 6, of the House engrossed bill, delete "ninety-five" and insert "ninety-seven".

On page 1, line 11, overstrike "fifty-six and eight" and insert "fifty and seven".

On page 2, line 2, delete "thirty-six and three" and insert "thirty-seven and two".

On page 4, line 5, delete "~~2017~~ 2018" and insert "2017".

On page 8, between lines 17 and 18, insert:

" Section 4. That § 13-37-16 be amended to read:

13-37-16. For taxes payable in ~~2017~~ 2018, and each year thereafter, the school board shall levy no more than one dollar and ~~fifty and five tenths~~ forty-six and one tenth cents per thousand dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount so determined to be necessary, and such levy shall be spread against all of the taxable property of the district. The proceeds derived from such levy shall constitute a school district special education fund of the district for the payment of costs for the special education of all children in need of special education or special education and related services who reside

within the district pursuant to the provisions of §§ 13-37-8.2 to 13-37-8.10, inclusive. The levy in this section shall be based on valuations such that the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. The total amount of taxes that would be generated at the levy pursuant to this section shall be considered local effort. Money in the special education fund may be expended for the purchase or lease of any assistive technology that is directly related to special education and specified in a student's individualized education plan. This section does not apply to real property improvements.

Section 5. That § 13-37-35.1 be amended to read:

13-37-35.1. Terms used in chapter 13-37 mean:

(1) "Level one disability," a mild disability;

(2) "Level two disability," cognitive disability or emotional disorder;

(3) "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

(4) "Level four disability," autism;

(5) "Level five disability," multiple disabilities;

(5A) "Level six disability," prolonged assistance;

(6) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

(7) "Local effort," shall be calculated for taxes payable in ~~2016~~ 2018 and thereafter using a special education levy of one dollar and ~~thirty and five tenths~~ twenty-six and one tenth cents per one thousand dollars of valuation;

(8) "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 2016, is $5,456. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(9) "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 2016, is $12,592. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(10) "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 2016, is $16,049. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(11) "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 2016, is $15,564. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(12) "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 2016, is $27,799. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(12A) "Allocation for a student with a level six disability," for the school fiscal year beginning July 1, 2016, is $8,007. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(13) "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules promulgated pursuant to § 13-37-1.1;

(14) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except any nonresident student who is in the care and custody of a state agency and is attending a public school and any student for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;

(15) "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

(16) "Nonpublic fall enrollment," the number of children under age eighteen, who are approved for alternative instruction pursuant to § 13-27-2 on the last Friday of September of the previous school year plus:

(a) For nonpublic schools located within the boundaries of a public school district with a fall enrollment of six hundred or more on the last Friday of September of the previous school year, the number of kindergarten through twelfth grade students enrolled on the last Friday of September of the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

(b) For nonpublic schools located within the boundaries of a public school district with a fall enrollment of less than six hundred on the last Friday of September of the previous school year, the number of resident kindergarten through

twelfth grade students enrolled on the last Friday of September of the previous school year in all nonpublic schools located within the State of South Dakota;

(17) "Special education fall enrollment," fall enrollment plus nonpublic fall enrollment;

(18) "Local need," an amount to be determined as follows:

(a) Multiply the special education fall enrollment by 0.1 and multiply the result by the allocation for a student with a level one disability;

(b) Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;

(c) Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;

(d) Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;

(e) Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;

(f) Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;

(g) When calculating local need at the statewide level, include the amount set aside for extraordinary costs defined in § 13-37-40;

(h) When calculating local need at the statewide level, include the amount set aside for the South Dakota School for the Blind and Visually Impaired;

(i) Sum the results of (a) to (h), inclusive;

(19) "Effort factor," the school district's special education tax levy in dollars per thousand divided by ~~$1.305~~ $1.261. The maximum effort factor is 1.0.

Section 6. That § 13-39-75 be amended to read:

13-39-75. The presidents of the postsecondary technical institutes, acting pursuant to rules established by the State Board of Education, shall use the money provided pursuant to ~~§ 13-1-65~~ SL 2016, chapter 65 to increase instructor salaries to competitive levels at each postsecondary technical institute. The amount of money provided each year shall be increased by the index factor as defined in § 13-13-10.1. ".

On page 8, delete lines 18 to 24, inclusive.

On page 9, delete lines 1 to 10, inclusive.

35fta

On page 1, line 1, of the House engrossed bill, after "general" insert "and special".

Respectfully submitted,                Respectfully submitted,
David Anderson                    Deb Peters
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 failed to adopt the report of the Conference Committee on SB 151 and has appointed Sens. Maher, Partridge, and Kennedy as a new 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.

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 arranging legislative days for the Ninety-third Legislative Session.

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 the Joint Rules for the two houses for the Ninety-third Legislative Session.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HOUSE PAGE RESOLUTION 5 Introduced by: Representatives Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield, Lana; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen, Kevin; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mickelson; 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.

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Ninety-second Legislature of the State of South Dakota to Ashton Burke, Lauren Hight, Sophie Kouri, Kelsey Lensegrav, Robert Marlow, Cooper Mueller, Jessie Ristau.

WHEREAS, the above named served loyally as pages for the House of Representatives of the Ninety-second Legislative Session; and

WHEREAS, the members of the Ninety-second 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 Ninety-second 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. DiSanto moved that House Page Resolution 5 be adopted.

Which motion prevailed and the resolution was adopted.

RECOGNITIONS

The House of Representatives recognized Haley Bryan, Baylee Dittman, Lilli Jasper, Zach Johansen, Lukas Kallas, Stetson Kastengren, Garrett Keegan, Gunnar Lamb, Kay Marrs, Teagan McNary, Danielle Rang, Matthew Remmich, and Jenna Schweiss who served the 2017 Legislature as Legislative Interns.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

Rep. Rhoden moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Ninety-third Legislative Session as found on page 720 of the House Journal be adopted.

Which motion prevailed.

Rep. Qualm moved that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-third Legislative Session as found on page 721 of the House Journal be adopted.

The question being on Rep. Qualm's motion that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-third Legislative Session 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; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Rounds

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.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Qualm moved that the House do not adopt the report of the Conference Committee on SB 151 as found on page 735 of the House Journal and that a new committee be appointed.

Which motion prevailed and the Speaker appointed as such committee Reps. Rhoden, Haggar, and Soli.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 32: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2017.

Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 32: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2017.

Was read the second time.

32aa

Rep. Ahlers moved that SB 32 be amended as follows:

On page 9 of the Joint Appropriations Committee engrossed bill, delete line 9, and insert "dollars from the budget reserve fund created by § 4-7-31.".

Which motion lost.

The question being "Shall SB 32 pass as amended?"

And the roll being called:

Yeas 62, Nays 5, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; May; 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:
Ahlers; Dennert; Kaiser; Marty; McCleerey

Excused:
Conzet; Frye-Mueller; McPherson

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

ANNOUNCEMENTS

The Speaker appointed Rep. Bartling to replace Rep. Soli on the conference committee on SB 151.

There being no objection, the House reverted to Order of Business No. 9.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Anderson moved that the report of the Conference Committee on SB 35 as found on page 742 of the House Journal be adopted.

The question being on Rep. Anderson's motion that the report of the Conference Committee on SB 35 be adopted.

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lesmeister; 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:
Dennert; Haugaard; Kaiser; Livermont

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.

Rep. Qualm moved that the House do now recess until 2:00 p.m., which motion prevailed and at 11:48 a.m., the House recessed.

RECESS

The House reconvened at 2:00 p.m., the Speaker presiding.

There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

Cc151b

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 SB 151 be amended as follows:

151da

On page 1, line 14, of the House State Affairs Committee engrossed bill, delete everything after "relied" .

On page 2, delete line 1, and insert "and identify any source of factual information.".

On page 2, delete lines 2 to 4, inclusive.

On page 2, line 5, delete everything before "If" .

On page 3, line 8, delete everything after "relied" .

On page 3, line 9, delete everything before "and" .

On page 3, line 10, delete everything after "information." .

On page 3, delete lines 11 to 14, inclusive.

151db

On page 1, line 7, of the House State Affairs Committee engrossed bill, delete "five hundred" and insert "two hundred fifty".

On page 2, line 10, after "23-3" insert "and shall notify the subject of the affidavit of the referral by certified mail".

On page 2, line 18, before "The" insert "The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail.".

On page 2, line 21, after "prosecution" insert "and shall notify the subject of the affidavit of the referral by certified mail".

On page 3, line 5, after "office" insert "who shall resolve the matter in a reasonable time".

On page 3, line 18, after "." insert "The committee shall promptly notify the subject of the affidavit and resolve the matter in a reasonable time.".

Respectfully submitted,                Respectfully submitted,
Larry Rhoden                        Ryan Maher
House Committee Chair                Senate Committee Chair

Cc54a

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 54 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 54 be amended as follows:

54wd

On page 12 of the House engrossed bill, delete lines 6 to 13, inclusive.

54we

On page 11, line 5, of the House engrossed bill, after "committee," insert "person,".

54wh

On page 37, after line 16 of the House engrossed bill, insert:

" Section 41. That the code be amended by adding a NEW SECTION to read:

Contributions received by a candidate campaign committee may only be used for:

(1) A purpose related to a candidate's campaign;

(2) Expenses incident to being a public official or former public official; or

(3) Donations to any other candidate, political committee, or nonprofit charitable organization.".

54wk

On page 14, line 9, of the House engrossed bill, delete "a" and insert "that".

On page 14, line 23, overstrike "organization" and insert "entity".

On page 15, line 3, overstrike "organization" and insert "entity".

On page 15, line 4, delete "communication An" and insert "communication. An".

On page 17, line 13, after "of the" overstrike "organization" and insert "entity".

On page 19, line 4, delete "a" and insert "clearly identifying a".

On page 19, delete line 5, and insert "candidate, public office holder, ballot question, or political ~~party~~ committee, other than an independent".

On page 19, line 7, delete "with a" and insert "with that".

On page 19, line 13, overstrike "organization" and insert "entity".

On page 19, line 16, overstrike "organization" and insert "entity".

On page 19, line 19, overstrike "organization" and insert "entity".

On page 21, line 15, overstrike "organization" and insert "entity".

On page 21, line 16, overstrike "organization" and insert "entity".

On page 21, line 19, overstrike "organization" and insert "entity".

On page 21, line 19, overstrike "organization's" and insert "entity's".

On page 21, line 22, overstrike "organization" and insert "entity".

On page 25, line 20, delete "12-27-23" and insert "§ 12-27-25".

On page 26, line 21, delete everything after "~~election~~" and insert ".".

On page 26, delete lines 22 to 24, inclusive.

On page 26, after line 24, insert:

" Section 26.That chapter 12-27 be amended by adding a NEW SECTION to read:

If a political committee treasurer is required to file a report with the secretary of state, the report may only include contributions and expenditures related to this state.".

Respectfully submitted,                Respectfully submitted,
G. Mark Mickelson                    Brock Greenfield
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 reports of the Conference Committees on SB 35 and 176.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Rhoden moved that the report of the Conference Committee on SB 151 as found on page 751 of the House Journal be adopted.

The question being on Rep. Rhoden's motion that the report of the Conference Committee on SB 151 be adopted.

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; 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:
Gosch; Karr

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.

Speaker Pro tempore Haggar now presiding.

Rep. Mickelson moved that the report of the Conference Committee on SB 54 as found on page 752 of the House Journal be adopted.

The question being on Rep. Mickelson's motion that the report of the Conference Committee on SB 54 be adopted.

And the roll being called:

Yeas 61, Nays 6, Excused 3, Absent 0

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

Nays:
Chase; Haggar; Howard; Karr; Latterell; Rhoden

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.

Speaker Mickelson now presiding.

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 1034, 1035, 1052, 1073, 1076, 1082, 1147, 1159, 1170, 1179, and 1185 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., March 10, 2017.

Respectfully submitted,
G. Mark Mickelson, Chair

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Monday, March 27, the 38^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

SB 32: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2017.

SB 33: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

SB 80: FOR AN ACT ENTITLED, An Act to regulate the use of drones under certain conditions and to provide a penalty therefor.

SB 128: FOR AN ACT ENTITLED, An Act to provide an exception for alcohol manufacturer and wholesaler licensees to participate in certain retail events and to declare an emergency.

SB 171: FOR AN ACT ENTITLED, An Act to establish the Government Accountability Task Force to study campaign finance and to declare an emergency.

SB 172: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory and infrastructure at South Dakota State University, to increase certain agricultural fees, to transfer certain funds, to make an appropriation, and to declare an emergency.

And signed the same in the presence of the House.

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 adopted the reports of the Conference Committees on SB 54 and 151.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 178 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 178: 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 first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Was read the second time.

The question being "Shall SB 178 pass?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Campbell; Carson; Chase; Clark; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; 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:
Brunner; Howard; Kaiser; Marty

Excused:
Conzet; Frye-Mueller; McPherson

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 10, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 10, 2017, I approved House Bills 1001, 1052, 1063, 1073, 1076, 1092, 1097, 1101, 1141, 1143, 1155, and 1165, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

SIGNING OF BILLS

The Speaker publicly read the title to

SB 35: FOR AN ACT ENTITLED, An Act to revise the state aid to general and special education formula.

SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance requirements.

SB 151: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding investigations of misconduct by certain public officials.

SB 176: FOR AN ACT ENTITLED, An Act to preserve the use of public land, to ensure free travel, to enhance emergency response, and to declare an emergency.

And signed the same in the presence of the House.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 4:08 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk