The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of
Allegiance led by House page James Cutshaw.
Roll Call: All members present except Reps. Bartling, Carson, McPherson, Qualm, Rozum,
and Soli who were excused.
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 second day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had
under consideration the joint rules and recommends that the temporary joint rules adopted by
the Ninety-third Legislative Session be adopted as the permanent joint rules of the Ninety-third
Legislative Session with the following changes:
Amend Chapter 1 of the Joint Rules as follows:
1-8. Signing of documents by presiding officer. The presiding officer of each house shall sign
all concurrent resolutions and commemorations and that are approved by the Legislature. The
president pro tempore and the speaker shall sign all writs, warrants, and subpoenas issued by
the house over which the officer presides.
1-10. Dissent against an act or resolution. Any two members of a house may dissent or protest
in respectful language against any act or resolution which they think injurious to the public or
to any individual. and have the The reason for their dissent or protest shall be presented to the
house and entered upon the subsequent legislative day's journal. However, if an objection is
made any member objects prior to adjournment on the subsequent legislative day that the
language of the dissent or protest is not respectful, and a majority of the house agrees, the house
may refer the dissent or protest back to the dissenting or protesting members for emendation.
Members submitting a dissenting report shall be given one opportunity for emendation, which
shall be completed within one week of the request for emendation.
Amend Chapter 1A of the Joint Rules as follows:
1A-4. Sexual harassment prohibited. All members are responsible for ensuring that the
workplace is free from sexual harassment. All members shall avoid any action or conduct which
could be viewed as sexual harassment. A member shall report any sexual harassment complaint
to the presiding officer of the house to which the member belongs. If the situation is not
resolved, the member shall forward the complaint to the Executive Board of the Legislative
Research Council.
Amend Chapter 1B of the Joint Rules as follows:
1B-3.2. Sexual harassment prohibited. All members are responsible for ensuring that the
workplace is free from sexual harassment. All members shall avoid any action or conduct that
could be viewed as sexual harassment. A member shall report any sexual harassment complaint
to the president pro tempore or the speaker according to which house the member belongs. If
the situation is not resolved, the member shall forward the complaint to the Executive Board of
the Legislative Research Council.
1B-4. Action in event of violation. Failure to observe the highest standards of public conduct
will subject a legislator to appropriate action, pursuant to the rules of the Chamber and Mason's
Manual of Legislative Procedure respective house.
2-1. Those permitted on the floor during session. In addition to current legislators, only the
following persons are entitled to the floor of the House of Representatives or Senate during
sessions: justices of the Supreme Court or persons who are or have been Governor, Lieutenant
Governor, or members of the Congress of the United States from South Dakota; former
members of the South Dakota Legislature, except those currently serving in any elective state
or local office other than Governor or Lieutenant Governor; current legislative employees; and
news reporters; and former members of the South Dakota Legislature, except those who are
registered lobbyists or those currently serving in any elective state or local office other than
Governor or Lieutenant Governor. However, these persons may not be on the floor if acting in
a manner to influence legislation. No other person may be admitted to the floor without consent
of the presiding officer.
5-9. Division of the question. Any member may call for a division of the question. The
presiding officer shall divide the question if it contains questions so distinct that, one being
taken away, the rest may stand as a separate proposition. A motion for division of the
question is not in order on a bill which is before either house for final disposition. A
member may not call for the division of a bill.
5-15. Order of questions motions. All questions, other than privileged questions motions
as listed in Joint Rule 5-3, shall be put in the order they are moved.
Amend Chapter 6C of the Joint Rules as follows:
6C-1. Bills and resolutions that require fiscal notes. A bill, amendment, or resolution that has an effect on the revenues, expenditures, or fiscal liability of the state or any political subdivision of the state may include a fiscal note incorporating an estimate of the effect. This rule does not apply to the cost of legislative processing, or any appropriation bill with
specific dollar amounts. A fiscal note is an estimate of the fiscal implications relating to
revenues, expenditures or debt, and the probable cost of the bill, amendment, or resolution.
In preparing the fiscal note, the Director of the Legislative Research Council may use
information or data supplied by any person, agency, organization, or governmental unit that
the director deems reliable. The director shall state the sources of the information or data
used and may state the extent to which the director relied on the information or data in
preparing the fiscal note. If the director is unable to acquire or develop sufficient
information or data to prepare a fiscal note, the director may prepare the fiscal note stating
that fact, and the fiscal note shall be deemed to comply with this rule. If the director
determines that the fiscal impact of a bill, amendment, or resolution cannot be determined,
the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed
to comply with this rule.
This rule does not apply to prison or jail population cost estimates required by §§ 2-1-19 and
2-1-20 2-9-33 and 2-9-34.
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 2-9-33 and 2-9-34.
Amend Chapter 7 of the Joint Rules as follows:
7-1.8. Final disposition. Final disposition is any action which moves a bill out of a
committee to the floor of a house or to another committee or which removes it from further
consideration by the committee. Examples of final disposition include "Do Pass," "Do Pass,
Amended," "Refer to Another Committee," "Lay on the Table," and "Defer to a Day Certain
Beyond the End of the Session the 41st Day."
7-4. Dissenting reports. If the members of a committee cannot agree on its report, the
majority and minority may each make a report. Any member dissenting in whole or in part
from the reasoning and conclusions of both majority and minority may also present a
statement of the member's reasoning and conclusions. All reports must shall be entered in
the journal if found by the presiding officer to be decorous in language and respectful to the
house and shall be entered in the journal.
7-16. Motions. When a question is under debate, no motion may be made except the
following motions:
(1) Adjourn; (nondebatable)
(2) Recess;
(3) Call the previous question; (nondebatable)
(4) Lay on the table; (nondebatable)
(5) Defer to a day certain beyond the end of the session; the 41st day;
(6) Do pass;
(7) Do pass, amended;
(8) Do not pass;
(9) Do not pass, amended;
(9) (10) Without recommendation;
(11) Without recommendation, amended;
(10) (12) Defer to a day certain;
(11) (13) Refer to another committee;
(14) Refer to another committee, amended;
(12) (15) Amend;
(16) Approve or amend minutes; and
(13) (17) Appoint a subcommittee.
7-27. Division of the question. Any member may call for a division of the question. The
chair shall divide the question if it contains questions so distinct that, one being taken away,
the rest may stand as a separate proposition. A member may not call for the division of a
bill.
7-28. Committee procedure - Remote electronic testimony. During any regular or special
session of the Legislature, a committee chair may, upon the unanimous consent of the
members present, permit a person to appear from a remote site and give testimony before the
committee by electronic audio/video audio or video means.
7-29. Committee Procedure - Documents and Reports. A committee may receive and
consider a document or report from any person during public testimony if a paper copy of
the document or report is offered to all members of the committee. A person may submit any
electronic documentation or report for consideration during public testimony only if the
document or report is submitted to the chair before the start of the committee meeting in
which the document or report will be used or referenced. The person shall allow sufficient
time before the start of the committee meeting for the chair to have the document or report
distributed to all members of the committee. If electronic documents or reports are not
offered before the start of the committee meeting the chair may exercise discretion on
whether to allow the electronic documents or reports to be offered during the committee
meeting.
12-3. Voting procedures. Questions shall be put in this form: "As many as favor the
question, as stated, say 'Yea'; as many as are opposed to the question, as stated, 'Nay'." If the
presiding officer doubts the result of a vote or if a division is called for, the members shall
divide. Those in the affirmative shall rise from their seats and remain standing until counted.
A vote of “aye” or “yes” shall be recorded as “yea” and a vote of “no” shall be recorded as
“nay.”
Respectfully submitted, Respectfully submitted,
G. Mark Mickelson Brock L. Greenfield
Lee Qualm R. Blake Curd
Spencer Hawley Jason E. Frerichs
House Committee Senate Committee
Also MR. SPEAKER:
1. Agriculture and Natural Resources (13)
2. Appropriations (9)
3. Commerce and Energy (13)
4. Education (15)
5. Government Operations and Audit (5)
6. Health and Human Services (13)
7. Judiciary (13)
8. Legislative Procedure (7)
9. Local Government (13)
10. Military and Veterans Affairs (9)
10. 11. Retirement Laws (5)
11. 12. State Affairs (13)
12. 13. Taxation (15)
13. 14. Transportation (13)
In the absence of the committee chair, the vice chair shall act as chair. The speaker and
speaker pro tempore are members of the legislative procedure committee, and the speaker
shall serve as chair of the legislative procedure committee.
Rep. Kent Peterson moved that when we adjourn today, we adjourn to convene at
1:00 p.m., on Friday, January 12, 2018, the 4th legislative day.
Which motion prevailed.
Rep. Kent Peterson moved that the report of the Joint-Select Committee relative to the
compensation for the elected and appointed officers and employees for the Ninety-third
Legislative Session as found on page 34 of the House Journal be adopted.
The question being on Rep. Kent Peterson's motion that the report of the Joint-Select
Committee relative to the compensation for the elected and appointed officers and employees
for the Ninety-third Legislative Session as found on page 34 of the House Journal be adopted.
And the roll being called:
Yeas 64, Nays 0, Excused 6, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Barthel; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield
(Lana); 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; Rasmussen;
Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson;
Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Excused:
Bartling; Carson; McPherson; Qualm; Rozum; Soli
So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.
Which motion prevailed.
Rep. Kent Peterson moved that the report of the Joint-Select Committee relative to
legislative printing and distribution of bills and journals for the Ninety-third Legislative Session
as found on page 35 of the House Journal be adopted.
Which motion prevailed.
Rep. Kent Peterson moved that the report of the Joint-Select Committee relative to the
selection of chaplains for the Ninety-third Legislative Session as found on page 36 of the House
Journal be adopted.
Which motion prevailed.
Rep. Kent Peterson moved that the report of the Joint-Select Committee relative to the
arrangements for a memorial service for the Ninety-third Legislative Session as found on page
37 of the House Journal be adopted.
Which motion prevailed.
HB 1072 Introduced by: Representatives Mickelson, Anderson, Bartels, Diedrich, Hawley,
Heinemann, Hunhoff, Johns, Lust, Peterson (Kent), Qualm, Reed, Rhoden, Rounds, Schoenfish,
and Stevens and Senators Partridge, Bolin, Cammack, Cronin, Curd, Haverly, Kolbeck, Otten
(Ernie), Peters, Rusch, Solano, Tidemann, White, Wiik, and Youngberg
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.
Was read the first time and referred to the Committee on Judiciary.
Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:31 p.m.
the House adjourned.
The prayer was delivered by Charles Quinn, Pierre, South Dakota.
The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following
members were present:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen,
Phil; Kennedy; Killer; Klumb, Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup, Al; Otten, Ernie; Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg.
The Chief Clerk of the House of Representatives, Sandra J. Zinter, called the roll of the
House and the following members were present:
Ahlers; Anderson; Bartels; Barthel; Beal; Bordeaux; Brunner; Campbell; Chase; Clark;
Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield,
Lana; 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; Rasmussen;
Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson;
Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson.
The Speaker of the House, G. Mark Mickelson, introduced the Honorable Boyd Gourneau,
who delivered the State of the Tribes Address.
Sen. Curd moved that the Joint Session do now dissolve.
Which motion prevailed.