JOURNAL OF THE HOUSE

SPECIAL SESSION OF THE

NINETY-SECOND LEGISLATIVE ASSEMBLY




FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, June 12, 2017

    BE IT REMEMBERED, That on the twelfth day of June, A.D., two thousand seventeen, at the hour of ten o'clock meridian, being the day and hour named by the Honorable Dennis Daugaard, Governor of the state of South Dakota, for convening of the Legislature in Special Session, the House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the state of South Dakota, the seat of government thereof, was called to order by Shantel Krebs, the Secretary of State of the state of South Dakota.

    The following prayer was offered by the Chaplain, Pastor Craig Wexler, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

    Creator God, we gather together today to discuss an issue that has led to division in communities in our state. Division created by the interpretations of how we can best use Your created lands and resources. May Your Spirit guide our words this day so that we can hear each other clearly _ may Your voice speak through us as we come together in order to discern the best way to uphold and respect Your creation, and to also foster good stewardship towards one another in our time as we are gathered. In Your name we pray _ Amen.

    The Pledge of Allegiance to the flag was recited by the members of the House.


    I, SHANTEL KREBS , Secretary of State of the state of South Dakota, do hereby state the elected members of the House of Representatives were certified by me on January 10, 2017, and the appointed member of the House of Representatives was certified by me on January 31, 2017.

    The list of which shall be entered in the Journal.

    Dan Ahlers    David L. Anderson
    Hugh M. Bartels    Julie Bartling
    Arch Beal    Shawn Bordeaux
    Thomas J. Brunner    Blaine "Chip" Campbell
    Lance Carson    Roger D. Chase
    Michael Clark    Kristin A. Conzet
    Drew Dennert    Lynne DiSanto
    Mary Duvall    Julie Frey-Mueller
    Bob Glanzer    Tim Goodwin
    Spencer Gosch    Lana Greenfield
    Don Haggar    Steven G. Haugaard
    Spencer Hawley

    Leslie J. Heinemann
    Thomas R. Holmes    Taffy Howard
    Jean M. Hunhoff    Greg Jamison
    Kevin D. Jensen    Timothy R. Johns
    David Johnson    Dan Kaiser
    Chris Karr    Jason W. Kettwig
    John A. Lake    Isaac Latterell
    Oren L. Lesmeister    Steve Livermont
    David Lust    Sam Marty
    Elizabeth May
    Steven D. McCleerey
    Sean McPherson    G. Mark Mickelson
    John Mills    Herman Otten
    Kent Peterson
    Sue Peterson
    Tom Pischke    Lee Qualm
    Nancy Rasmussen    Tim Reed
    Larry Rhoden    Ray Ring
    Tim Rounds    Tona Rozum
    James Schaefer    Kyle Schoenfish
    Jamie Smith    Karen Soli
    Wayne H. Steinhauer    Mike Stevens
    Craig Tieszen    Burt Tulson
    Charles M. Turbiville    Marli Wiese
    Mark Willadsen    Susan Wismer
    Nancy York    Larry P. Zikmund

    When the roll was called, all members were present except Reps. DiSanto and Tieszen who were excused.



    Rep. Qualm moved that the House proceed with the election of officers of the House of Representatives.

    Which motion prevailed.

    Rep. Qualm moved that the following officers of the regular Ninety-second Legislative Session: Speaker of the House G. Mark Mickelson and Speaker Pro tempore Don Haggar, who are now present be declared elected in their respective offices for the Special Session and for the regular Ninety-third Legislative Session.

    The question being on Rep. Qualm's motion that the Speaker of the House and the Speaker Pro tempore officers of the regular Ninety-second Legislative Session be declared elected in their respective offices for the Special Session and for the regular Ninety-third Legislative Session.

    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; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
DiSanto; Lake; Schaefer; Tieszen

    So the motion having received an affirmative vote of a majority of the members-elect, the Secretary of State declared the Speaker and Speaker Pro tempore duly elected.

    Rep. Qualm moved that the Chief Clerk of the House of Representatives of the regular Ninety-second Legislative Session, Arlene Kvislen, who is now present be declared elected as Chief Clerk of the House of Representatives for the Special Session.

    The question being on Rep. Qualm's motion that Arlene Kvislen, Chief Clerk of the House of Representatives be declared elected for the Special Session.


    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

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

    Excused:
DiSanto; Lake; Marty; Schaefer; Tieszen

    Ms. Kvislen having received an affirmative vote of a majority of the members-elect, the Secretary of State declared the Chief Clerk duly elected.

    The oath of office was administered to Speaker of the House, G. Mark Mickelson; Speaker Pro tempore, Don Haggar; and Chief Clerk of the House, Arlene Kvislen, by the Honorable Justice David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota, and the same was subscribed to and placed on file in the office of the Secretary of State.

    Ms. Shantel Krebs, Secretary of State, turned the gavel over to Speaker Mickelson.

    Speaker Mickelson now presiding.

    The Speaker announced the appointment of the following employees of the House of Representatives of the Special Session of the Ninety-second Legislative Session: First Assistant to the Chief Clerk, Mary Lou Goehring; Second Assistant to the Chief Clerk, Jackie Driscoll; Third Assistant to the Chief Clerk, Shirleen Fugitt; and Sergeant at Arms, James Smith, who are now present be declared appointed in their respective offices for the Special Session.

    The oath of office was administered to the following employees by the Honorable Justice David Gilbertson of the Supreme Court of the state of South Dakota, and the same was subscribed to and placed on file in the office of the Secretary of State.

    First Assistant to the Chief Clerk - Mary Lou Goehring
    Second Assistant to the Chief Clerk - Jackie Driscoll
    Third Assistant to the Chief Clerk - Shirleen Fugitt
    Sergeant at Arms - James Smith


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 relative to the joint rules for the two houses for the Special Session of 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 for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    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 make arrangements for the Joint Session to hear the message of the Governor, the Honorable Dennis Daugaard.

    Which motion prevailed and the Speaker appointed as such committee Reps. Haggar, Kent Peterson, and Bartling.

    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 notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and the Speaker appointed as such committee Reps. Haggar, Kent Peterson, and Bartling.

    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.

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



    The Speaker announced the appointment of the following standing committee:

**Denotes Chair
*Denotes Vice-Chair


LEGISLATIVE PROCEDURE (7)

**Mickelson, *Haggar, Lust, Peterson (Kent), Qualm, Stevens, Hawley

REPORTS OF JOINT-SELECT COMMITTEES

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 with the following exceptions:

    Whereas Article III, Section 9 of the South Dakota Constitution provides that the Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed for the purpose of preparing rules for the Special Session respectfully reports that the rules of the regular session of the Ninety-second Legislative Session be made the rules of the Senate and House during the Special Session with the following exceptions and that printing the rules in the journal be dispensed with:

    Special Rule No. 1: Notwithstanding any other rule, the presiding officer may dispense with the referral of a bill or resolution to a standing committee.

    Special Rule No. 2: None of the deadlines in regard to bill or resolution introduction and hearing apply to the Special Session. Any legislator may introduce, at any time during this Special Session, any bill or resolution germane to the proclamation.

    Special Rule No. 3: The presiding officers of the House and the Senate may appoint the officers and employees for the respective bodies necessary to carry out the activities of the respective houses.

    Special Rule No. 4: The rules dealing with a call of the house do not apply to the Special Session, except that the attendance may be compelled by the presiding officer of any member who has answered the initial roll call each day.

    Special Rule No. 5: Rule 5-17 and Rule 7-7, dealing with required delivery of bills and placement of bills or resolutions on the calendar, do not apply to the Special Session. The placement of bills or resolutions on the calendar for second reading is determined by a majority vote of the members-present.

    Special Rule No. 6: Rules dealing with the order of business prevail. However, that the order of business may be changed by a majority vote of the members-elect, thereby bringing up

any item of action by this vote. The proclamation calling the Legislature into Special Session governs the consideration of all bills and resolutions and the body shall determine the germaneness of a given bill and resolution to the proclamation.

    Special Rule No. 7: Rules dealing with fiscal notes do not apply to the Special Session.

    Special Rule No. 8: The rules dealing with the printing and distribution of bills or resolutions do not apply to the Special Session, and the Legislative Research Council and Secretary of State shall provide photocopies of bills introduced to the public and legislative agents.

    Special Rule No. 9: At the conclusion of the Special Session, the Chief Clerk of the House and the Secretary of the Senate shall review the journal, make the necessary corrections, and provide the contract printer with the corrected journal for distribution to those who subscribed to journals during the regular Ninety-second Legislative Session.

    Special Rule No. 10: Notwithstanding Joint Rule 11-1, House Rule H4-1, and Senate Rule S5-1, a majority of the members-elect of either house may suspend, adopt, or amend any of the rules.

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


Also MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

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


Also MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:


    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 10:30 a.m., June 12, 2017.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved.

Respectfully submitted,    Respectfully submitted,
Don Haggar    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee

Also MR. SPEAKER:

    Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Don Haggar    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Rep. Qualm moved that the report of the Joint-Select Committee relative to the joint rules for the Special Session of the Ninety-second Legislative Session be adopted.

    The question being on Rep. Qualm's motion that the report of the Joint-Select Committee relative to the rules for the Special Session of the Ninety-second Legislative Session be adopted.

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; 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; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
DiSanto; Schaefer; Tieszen

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the report was adopted.

    Rep. Qualm moved that the report of the Joint-Select Committee relative to the compensation of the elected and appointed officers and employees of the House and Senate for the Special Session for the Ninety-second Legislative Session be adopted.

    The question being on Rep. Qualm's motion that the report of the Joint-Select Committee relative to the compensation of the elected and appointed officers and employees of the House and Senate for the Special Session for the Ninety-second Legislative Session be adopted.

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; 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; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
DiSanto; Schaefer; Tieszen

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the report was adopted.

    Rep. Qualm moved that the report of the Joint-Select Committee relative to arranging the Joint Session to receive the message of the Governor be adopted.

    Which motion prevailed.



    Rep. Qualm moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session be adopted.

    Which motion prevailed.

    Rep. Qualm moved that the House do now recess until 12:30 p.m., which motion prevailed and at 10:32 a.m., the House recessed.

RECESS

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, Dennis Daugaard. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Pastor Craig Wexler, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

     God of Love _ give us this coming time together as a time of diligence, listening, graciousness, and cooperation. May we listen to one another with open hearts and open minds. Help us to be slow in word and action, and quick to listen and discern. Guide us so that all responsible parties and voices might speak freely and thoughtfully as we have all been called and elected into this role of decision making political cooperation.

    God of grace _ Amen.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Bolin; Cammack; Cronin; Curd; Ewing; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup, Al; Otten, Ernie; Partridge; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg.

    The Chief Clerk of the House of Representatives, Arlene Kvislen, called the roll of the House and the following members were present:

Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen, Kevin; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed;

Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson.

    Sen. Curd moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Greenfield, Curd, and Sutton on the part of the Senate and Reps. Qualm, Kent Peterson, Hawley, and Bartling on the part of the House.

    The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the Governor's Address on Non-Meandered Waters.

    Sen. Curd moved that the Joint Session do now dissolve.

    Which motion prevailed.

    The House reconvened at 12:30 p.m., the Speaker presiding.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1001 Introduced by: Representatives Rhoden, Bartels, Duvall, Gosch, Hawley, McCleerey, Otten (Herman), and Qualm and Senators Cammack, Frerichs, Greenfield (Brock), Klumb, and White at the request of the Regulation of Access to and Use of Non-Meandered Waters on Public and Private Property Study Committee

    FOR AN ACT ENTITLED, An Act to provide for public recreational use of certain waters overlying public and private property and to declare an emergency.

    Was read the first time.

    Pursuant to Special Joint Rule 1, the referral of HB 1001 to committee was dispensed.

    HCR 1001 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.


MOTIONS AND RESOLUTIONS

    Rep. Qualm moved that HB 1001 be placed on the calendar of 92nd Legislative Special Session.

    Which motion prevailed and HB 1001 was so placed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1001: FOR AN ACT ENTITLED, An Act to provide for public recreational use of certain waters overlying public and private property and to declare an emergency.

    Was read the second time.

1001ja

    Rep. Tulson moved that HB 1001 be amended as follows:

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Meandered lake," any natural water body, except a river or stream, for which a meander line survey was included as part of the official survey conducted by the United States surveyor general for the land on which the lake is situated and the meander lines are shown on plats made by the United States General Land Office;

            (2)    "Nonmeandered lake," any natural lake that is not a meandered lake;

            (3)    "Recreational use," use for one or more of the following activities, except as otherwise limited by law: hunting, fishing, swimming, floating, boating, trapping, off-road driving, water sports, or snowmobiling.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    It is hereby declared that the following nonmeandered lakes are declared open for recreational use:

            (1)    Highway 81 East in Brookings County;

            (2)    Casey's Slough, Cottonwood GPA, Dry #1, Dry #2, Round, and Swan in Clark County;

            (3)    Deep and Goose in Codington County;

            (4)    East Krause, Lynn, Middle Lynn, and Reetz in Day County;

            (5)    North Scatterwood in Edmunds County;

            (6)    Three Buck in Hamlin County;

            (7)    Highway 81 West in Kingsbury County;

            (8)    Bullhead, Cattail-Kettle, and Opitz in Marshall County;

            (9)    Island South in McCook County;

            (10)    Keisz in McPherson County;

            (11)    Grass, Loss, Scott, and Twin in Minnehaha County;

            (12)    Twin in Sanborn County;

            (13)    Cottonwood and Mud in Spink County;

            (14)    Cottonwood in Sully County; and

            (15)    Dog Ear in Tripp County, South Dakota.

    Section 3. 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."

    The Speaker declared a standing vote.

    Which Rep. Tulson's motion lost.


1001xa

    Rep. York moved that HB 1001 be amended as follows:

    On page 7, line 22, of the printed bill, delete "2021" and insert "2018".

    Which motion lost.


1001xb

    Rep. May moved that HB 1001 be amended as follows:

    On page 3 of the printed bill, delete lines 3 to 7, inclusive.

    The Speaker declared a standing vote.

    Which Rep. May's motion lost.


    The question being "Shall HB 1001 pass?"

    And the roll being called:

    Yeas 52, Nays 16, Excused 2, Absent 0

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

    Nays:
Bordeaux; Campbell; Conzet; Dennert; Frye-Mueller; Howard; Kaiser; Karr; Livermont; Marty; May; Peterson (Sue); Pischke; Rasmussen; Rounds; Tulson

    Excused:
DiSanto; Tieszen

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

    Rep. Qualm moved that the House do now recess until 3:00 p.m., which motion prevailed and at 2:15 p.m., the House recessed.

    Rep. Qualm moved that the House do now recess until 3:00 p.m., which motion prevailed and at 2:15 p.m., the House recessed.

RECESS

    The House reconvened at 3:00 p.m., the Speaker presiding.


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1001 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

    Unless there is an objection, the Speaker waived the reading of the following messages from the Senate.

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 relative to the Joint Rules for the Special Session of 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 for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.


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 arrange for a Joint Session of the two houses to receive the message of the Governor.

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 notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.


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 Special Session of the Ninety-second 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 Special Session of the Ninety-second 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 fixing the compensation for the elected and appointed officers and employees of the Senate and House for the Special Session of the Ninety-second 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 arranging for a Joint Session of the two houses to receive the message of the Governor.

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 notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Qualm moved that the House do not concur in Senate amendments to HB 1001 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 and the Speaker appointed as such committee Reps. Qualm, Rhoden, and Hawley.

    Rep. Qualm moved that the House do now recess until 6:15 p.m., which motion prevailed and at 5:46 p.m., the House recessed.

RECESS

    The House reconvened at 6:15 p.m., the Speaker presiding.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Cammack, Partridge, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1001.

Respectfully,
Kay Johnson, Secretary

REPORTS OF CONFERENCE COMMITTEES

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MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1001 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

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


CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Qualm moved that the report of the Conference Committee on HB 1001 as found on page 17 of the House Journal be adopted.

    The question being on Rep. Qualm's motion that the report of the Conference Committee on HB 1001 be adopted.

    And the roll being called:

    Yeas 54, Nays 12, Excused 4, Absent 0

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

    Nays:
Anderson; Campbell; Dennert; Frye-Mueller; Haggar; Kaiser; Livermont; Marty; May; Peterson (Sue); Rasmussen; Rhoden

    Excused:
DiSanto; Gosch; Karr; Tieszen

    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.

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 HB 1001.

Respectfully,
Kay Johnson, Secretary


REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Special Session of the Ninety-second Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 9:10 p.m., June 12, 2017.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Kris Langer
Lee Qualm    Bob Ewing
Spencer Hawley    Kevin Killer
House Committee    Senate Committee

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Rep. Qualm moved that the report of the Joint-Select Committee relative to fixing the time to adjourn sine die be adopted for the Special Session of the Ninety-second Legislative Session be adopted.

    Which motion prevailed.

MESSAGES FROM THE SENATE

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 the Legislature.

ALSO MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the Special Session of the Ninety-second Legislative Session.

Respectfully,
Kay Johnson, Secretary



REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1001: FOR AN ACT ENTITLED, An Act to provide for public recreational use of certain waters overlying public and private property and to declare an emergency.

    And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1001 was delivered to his Excellency, the Governor, for his approval at 9:08 p.m., June 12, 2017.

Respectfully submitted,
G. Mark Mickelson, Chair

    The following prayer was offered by Speaker Mickelson.

    God of power and might _ as we depart his place today, I ask that You give us courage to go back to our communities with our heads held high knowing that we have done our best to think about the needs of Your creation first, and the needs of our neighbors who are affected as well. Everything we have been given is a blessing given to us by You, O Lord, and may we leave this place carrying our message of care and stewardship for all of our neighbors. In Your name we pray _ Father, Son, and Holy Spirit _ Amen.

    Rep. Beal moved that the House do now adjourn sine die, which motion prevailed and at 9:10 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk