JOURNAL OF THE HOUSE

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THIRTY-EIGHTH DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 12, 2019

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

    The prayer was offered by the Chaplain, Jarvis Wipf, followed by the Pledge of Allegiance led by House pages Addy Nelson and Abigail Ryan.

    Roll Call: All members present except Reps. Bordeaux, Johns, and Milstead 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 thirty-seventh 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,

Steven G. Haugaard, Chair

    Which motion prevailed.

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ANNOUNCEMENTS

    The Speaker appointed Reps. Kevin Jensen, Rounds, and Healy as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1250.

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 5 Introduced by: Representatives Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield, Lana; Gross; Hammock; Hansen; Haugaard; Healy; Howard; Hunhoff; Jensen, Kevin; Johns; Johnson, Chris; Johnson, David; Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten, Herman; Perry; Peterson, Kent; Peterson, Sue; Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith, Jamie; St. John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Ninety-fourth Legislature of the State of South Dakota to Isaac Barreto, Rebekah Burkhalter, Kylie Carlson, Grace DuVall, Addy Nelson, Abigail Ryan, Emmy Sundby, and Isabelle Thorson.

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

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

    Which motion prevailed and the resolution was adopted.

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COMMUNICATIONS AND PETITIONS

March 11, 2019

Dear Mr. Speaker and Members of the House of Representatives,

I respectfully return to you House Bill 1191, with my VETO. House Bill 1191 is an Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

South Dakota must stand as an example for the rest of the country, not simply go along with others. Our focus must be on leading for South Dakota's next generation. Our state is not yet ready for industrial hemp.

Foremost among the many defects of this bill are the challenges it creates for law enforcement. HB 1191 complicates law enforcement searches and provides a ready-made defense for those breaking our drug laws. This poorly drafted bill changes the definition of marijuana with little regard for the implications elsewhere in our Code. It would create uncertainty for prosecution under our ingestion statute because the source of THC is placed in doubt when industrial hemp products that contain small amounts of THC, such as cannabidiol or CBD, are legalized. As Governor, I will not leave it to our courts to interpret how this bill impacts our prohibition on the active ingredient in marijuana, and I do not believe the Legislature intended to complicate enforcement of our ingestion statute in this way.

Although proponents claim hemp has a wide variety of uses, the legislative debate makes it clear that this bill is less about helping farmers and more about commercial interest in one product: CBD. No other type of hemp producer or processor retained paid lobbyists this Session. HB 1191 rejected critical parts of the amendment my Administration discussed with the bill's sponsors. It would instead allow the immediate, widespread production and use of CBD, as well as other hemp derivatives, even though the Food and Drug Administration ("FDA") has yet to approve them as safe for therapeutic use or for interstate commerce. In fact, the FDA has not yet begun its regulatory process on hemp derivatives, including CBD. South Dakota should be guided by the FDA on these issues, not special interests.

As I first stated many weeks ago, HB 1191 is premature. There is no urgent problem requiring an immediate solution this session. Until the U.S. Department of Agriculture ("USDA") issues its own rules, the regular growth and interstate transport of hemp cannot begin. No industrial hemp will cross into South Dakota without those rules, which USDA has announced it will not issue until late 2019. We have no way of knowing today what those rules will require. What limited structure HB 1191 does create to regulate industrial hemp in our state could very well be in conflict.

Finally, I am concerned that this bill supports a national effort to legalize marijuana for recreational use. I do not doubt the motives of this bill's legislative champions. However, an overwhelming number of contacts I have received in favor of this bill come from pro-marijuana activists. There is no question in my mind that normalizing hemp, like legalizing medical

marijuana, is part of a larger strategy to undermine enforcement of the drug laws and make legalized marijuana inevitable.

This issue was never ripe for discussion during this legislative session, and our state government's efforts and resources should be focused elsewhere until the federal government's approach on this issue is clear.

For these reasons, I oppose this bill and ask that you sustain my veto.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1191 was delivered to her Excellency, the Governor, for her approval at 5:05 p.m., March 11, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc178a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 178 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 178 be amended as follows:

178za

    On page 1, line 5, of the House engrossed bill, delete "four" and insert "five".

    On page 1, line 6, delete "thousand one dollars ($400,001)" and insert "thousand dollars ($500,000)".

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    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,            Respectfully submitted,
Lance Koth                    Justin Cronin
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 3, 15, 48, 56, 118, 136, 137, 140, and 187.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The House proceeded to the reconsideration of HB 1191 pursuant to the veto of the Governor and the veto message found on page 719 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall HB 1191 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 55, Nays 11, Excused 4, Absent 0

    Yeas:
Bartels; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Healy; Howard; Hunhoff; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Pischke; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Weis; Wiese; Willadsen; Zikmund; Haugaard

    Nays:
Anderson; Barthel; Deutsch; Glanzer; Hammock; Jensen (Kevin); Mills; Peterson (Sue); Post; Steele; York

    Excused:
Bordeaux; Hansen; Johns; Milstead

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    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed, the veto of the Governor notwithstanding.

MOTIONS AND RESOLUTIONS

    Rep. Sue Peterson moved that the House do concur in Senate amendments to HB 1087.

    The question being on Rep. Sue Peterson's motion that the House do concur in Senate amendments to HB 1087.

    And the roll being called:

    Yeas 51, Nays 12, Excused 7, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Dennert; Deutsch; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Marty; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Reed; Reimer; Rounds; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Chase; Cwach; Duba; Healy; Hunhoff; Lesmeister; McCleerey; Olson; Ring; Saba; Smith (Jamie); Sullivan

    Excused:
Bordeaux; Diedrich; Johns; Livermont; Milstead; Pourier; Rasmussen

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

    Rep. Frye-Mueller moved that the House do concur in Senate amendments to HB 1177.

    The question being on Rep. Frye-Mueller's motion that the House do concur in Senate amendments to HB 1177.

    And the roll being called:

    Yeas 55, Nays 6, Excused 9, Absent 0

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    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Marty; Mills; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Cwach; Healy; Lesmeister; McCleerey; Smith (Jamie); Sullivan

    Excused:
Bordeaux; Diedrich; Duba; Hunhoff; Johns; Livermont; Milstead; Pourier; Rasmussen

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

    Rep. Rounds moved that the House do not concur in Senate amendments to HB 1187 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. Rounds, Willadsen, and Jamie Smith.

    Rep. Perry moved that the House do concur in Senate amendments to HB 1209.

    Rep. Pischke moved as a substitute motion that the House do not concur in Senate amendments to HB 1209 and that no committee be appointed.

    The question being on Rep. Pischke's substitute motion that the House do not concur in Senate amendments to HB 1209 and that no committee be appointed.

    And the roll being called:

    Yeas 28, Nays 38, Excused 4, Absent 0

    Yeas:
Beal; Brunner; Chaffee; Dennert; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Hansen; Howard; Johnson (Chris); Karr; Latterell; Livermont; Marty; Mulally; Pischke; Post; Qualm; Randolph; Rasmussen; Rounds; Schoenfish; Weis; Wiese; Willadsen; York; Haugaard

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    Nays:
Anderson; Bartels; Barthel; Borglum; Chase; Cwach; Deutsch; Duba; Duvall; Finck; Glanzer; Gross; Hammock; Healy; Hunhoff; Jensen (Kevin); Johnson (David); Koth; Lake; Lesmeister; McCleerey; Mills; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pourier; Reed; Reimer; Ring; Saba; Smith (Jamie); St John; Steele; Sullivan; Zikmund

    Excused:
Bordeaux; Diedrich; Johns; Milstead

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

    The question being on Rep. Perry's motion that the House do concur in Senate amendments to HB 1209.

    And the roll being called:

    Yeas 44, Nays 23, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Borglum; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Greenfield (Lana); Gross; Hammock; Healy; Hunhoff; Jensen (Kevin); Johnson (David); Koth; Lake; Lesmeister; McCleerey; Mills; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Saba; Smith (Jamie); St John; Steele; Sullivan; Zikmund; Haugaard

    Nays:
Beal; Brunner; Chaffee; Frye-Mueller; Goodwin; Gosch; Hansen; Howard; Johnson (Chris); Karr; Latterell; Livermont; Marty; Mulally; Pischke; Post; Randolph; Rounds; Schoenfish; Weis; Wiese; Willadsen; York

    Excused:
Bordeaux; Johns; Milstead

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

    Rep. Karr moved that the House do not concur in Senate amendments to HB 1265 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. Gosch, Beal, and Ring.

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CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Koth moved that SB 178 be placed on today's calendar.

    Which motion prevailed and SB 178 was so placed.

    Rep. Sue Peterson moved that the report of the Conference Committee on HB 1171 as found on page 714 of the House Journal be adopted.

    The question being on Rep. Sue Peterson's motion that the report of the Conference Committee on HB 1171 be adopted.

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Bordeaux; Johns; Milstead

    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. Pischke moved that the report of the Conference Committee on SB 123 as found on page 714 of the House Journal be adopted.

    The question being on Rep. Pischke's motion that the report of the Conference Committee on SB 123 be adopted.

    And the roll being called:

    Yeas 62, Nays 4, Excused 4, Absent 0

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    Yeas:
Anderson; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; York; Zikmund; Haugaard

    Nays:
Bartels; Deutsch; Hunhoff; Willadsen

    Excused:
Bordeaux; Diedrich; Johns; Milstead

    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. Dennert moved that the House do not adopt the report of the Conference Committee on SB 128 as found on page 713 of the House Journal and that a new committee 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.

    Rep. Olson moved that the House do not adopt the report of the Conference Committee on SB 128 as found on page 713 of the House Journal and do not appoint a new committee.

    The question being on Rep. Olson's motion to not adopt the report of the Conference Committee on SB 128 and to not appoint a new committee.

    And the roll being called:

    Yeas 33, Nays 34, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Chase; Cwach; Deutsch; Duba; Finck; Gross; Hansen; Healy; Hunhoff; Johnson (Chris); Latterell; Lesmeister; Mills; Olson; Peterson (Kent); Post; Qualm; Randolph; Reed; Reimer; Ring; Saba; Smith (Jamie); Steele; Sullivan; Willadsen; Zikmund; Haugaard

    Nays:
Brunner; Chaffee; Dennert; Diedrich; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Howard; Jensen (Kevin); Johnson (David); Karr; Koth; Lake; Livermont; Marty; McCleerey; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Pourier; Rasmussen; Rounds; Schoenfish; St John; Weis; Wiese; York

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    Excused:
Bordeaux; Johns; Milstead

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

    The question being on Rep. Dennert's motion that the report of the Conference Committee on SB 128 not be adopted, and that a new committee 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.

    The Speaker was unclear on the voice vote and declared a roll call vote.

    And the roll being called:

    Yeas 37, Nays 29, Excused 4, Absent 0

    Yeas:
Beal; Brunner; Chaffee; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Miskimins; Otten (Herman); Perry; Pischke; Rasmussen; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Weis; Wiese; York; Haugaard

    Nays:
Anderson; Bartels; Barthel; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba; Finck; Gross; Healy; Hunhoff; Karr; Mills; Mulally; Olson; Peterson (Kent); Peterson (Sue); Post; Qualm; Randolph; Reed; Reimer; Ring; Steele; Sullivan; Willadsen; Zikmund

    Excused:
Bordeaux; Johns; Milstead; Pourier

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and appointed as such committee Reps. Dennert, Pischke, and McCleerey

    Rep. Koth moved that the report of the Conference Committee on SB 178 as found on page 720 of the House Journal be adopted.

    The question being on Rep. Koth's motion that the report of the Conference Committee on SB 178 be adopted.

    And the roll being called:

    Yeas 57, Nays 10, Excused 3, Absent 0

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    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; McCleerey; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Brunner; Dennert; Frye-Mueller; Howard; Marty; Mills; Mulally; Randolph; Ring; Weis

    Excused:
Bordeaux; Johns; Milstead

    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.

REPORTS OF CONFERENCE COMMITTEES

Cc146a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 146 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 146 be amended as follows:

146bc

    On page 2, line 2, of the House Education Committee engrossed bill, delete ".".

    On page 2, line 3, delete everything before ".".

    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,            Respectfully submitted,
Steve Livermont                Alan Solano
House Committee Chair            Senate Committee Chair

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MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Soholt, Solano, and Kennedy 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 1250.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has sustained the veto of the Governor on HB 1191.

Respectfully,
Kay Johnson, Secretary

    Rep. Qualm moved that the House do now recess until 4:00 p.m., which motion prevailed and at 2:45 p.m., the House recessed.

RECESS

    The House reconvened at 4:35 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 6 - Reports of Conference Committees.

REPORTS OF CONFERENCE COMMITTEES

Cc8a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 8 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 8 be amended as follows:

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8kc

    On page 1, line 5, of the House engrossed bill, after "support" insert "with a fifty percent match rate for".

    On page 1, delete lines 12 to 14, inclusive.

    On page 2, delete lines 1 to 4, inclusive.

    On page 1, line 1, of the House engrossed bill, delete everything after "system" and insert ".".

    On page 1, delete line 2.

    And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,            Respectfully submitted,
Jean Hunhoff                    Jim Stalzer
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 appointed Sens. Wiik, Stalzer, and Kennedy 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 1265.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Monroe, Youngberg, and Ernie Otten 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 1187.

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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 128 and has appointed Sens. White, Sutton, and Wismer 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 failed to adopt the report of the Conference Committee on HB 1171 and no new committee was appointed.

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 123.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 167.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Hunhoff moved that SB 8 be placed on today's calendar.

    Which motion prevailed and SB 8 was so placed.

    Rep. Livermont moved that SB 146 be placed on today's calendar.

    Which motion prevailed and SB 146 was so placed.

    Rep. Livermont moved that the report of the Conference Committee on SB 146 as found on page 728 of the House Journal be adopted.

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    The question being on Rep. Livermont's motion that the report of the Conference Committee on SB 146 be adopted.

    And the roll being called:

    Yeas 53, Nays 11, Excused 6, Absent 0

    Yeas:
Anderson; Barthel; Beal; Chaffee; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Post; Pourier; Qualm; Randolph; Rasmussen; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Haugaard

    Nays:
Borglum; Brunner; Deutsch; Hunhoff; Olson; Pischke; Reed; Wiese; Willadsen; York; Zikmund

    Excused:
Bartels; Bordeaux; Gross; Johns; Milstead; Saba

    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. Hunhoff moved that the report of the Conference Committee on SB 8 as found on page 729 of the House Journal be adopted.

    The question being on Rep. Hunhoff's motion that the report of the Conference Committee on SB 8 be adopted.

    And the roll being called:

    Yeas 47, Nays 12, Excused 11, Absent 0

    Yeas:
Anderson; Barthel; Beal; Borglum; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Greenfield (Lana); Healy; Hunhoff; Jensen (Kevin); Johnson (David); Lake; Latterell; Lesmeister; McCleerey; Mills; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Brunner; Frye-Mueller; Goodwin; Hammock; Hansen; Johnson (Chris); Livermont; Marty; Mulally; Pischke; Randolph; Steele

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    Excused:
Bartels; Bordeaux; Gosch; Gross; Howard; Johns; Karr; Koth; Milstead; Post; Saba

    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. 6 - Reports of Conference Committees.

REPORTS OF CONFERENCE COMMITTEES

Cc1250a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1250 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,
Kevin Jensen                    Deb Soholt
House Committee Chair            Senate Committee Chair

Cc128b

Also MR. SPEAKER:

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

128yc

    On page 1, line 5, of the House engrossed bill, delete "two dollars ($2)" and insert "one hundred twenty thousand dollars ($120,000)".

    And that the Senate and House do concur with the bill as amended.

Respectfully submitted,            Respectfully submitted,
Drew Dennert                    Jim White
House Committee Chair            Senate Committee Chair

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MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 176 and has appointed Sens. Cronin, Novstrup, and Wismer 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.

Respectfully,
Kay Johnson, Secretary

    The Speaker appointed Reps. Mills, Weis, and Healy as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 176.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 181 and has appointed Sens. Partridge, Cronin, and Wismer 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.

Respectfully,
Kay Johnson, Secretary

    The Speaker appointed Reps. Karr, Bartels, and Sullivan as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 181.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 182 and 179.

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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 178 and 146.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Kevin Jensen moved that the report of the Conference Committee on HB 1250 as found on page 733 of the House Journal be adopted.

    Rep. Kevin Jensen moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1250 as found on page 733 of the House Journal and do not appoint a new committee.

    The question being on Rep. Kevin Jensen's substitute motion to not adopt the report of the Conference Committee on HB 1250 and to not appoint a new committee.

    And the roll being called:

    Yeas 33, Nays 30, Excused 7, Absent 0

    Yeas:
Brunner; Chaffee; Dennert; Frye-Mueller; Glanzer; Goodwin; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Koth; Latterell; Livermont; Marty; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Rounds; St John; Steele; Weis; Wiese; York; Haugaard

    Nays:
Anderson; Bartels; Barthel; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Greenfield (Lana); Gross; Healy; Hunhoff; Johnson (David); Karr; Lake; Lesmeister; McCleerey; Olson; Peterson (Kent); Pourier; Reed; Reimer; Schoenfish; Smith (Jamie); Sullivan; Willadsen; Zikmund

    Excused:
Beal; Bordeaux; Gosch; Johns; Milstead; Ring; Saba

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

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    The question being on Rep. Kevin Jensen's motion that the report of the Conference Committee on HB 1250 be adopted.

    And the roll being called:

    Yeas 34, Nays 32, Excused 4, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Borglum; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Greenfield (Lana); Gross; Healy; Hunhoff; Johnson (David); Lake; Lesmeister; McCleerey; Olson; Perry; Peterson (Kent); Pourier; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York; Zikmund

    Nays:
Beal; Brunner; Chaffee; Dennert; Frye-Mueller; Goodwin; Gosch; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Marty; Mills; Miskimins; Mulally; Otten (Herman); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; St John; Steele; Weis; Wiese; Haugaard

    Excused:
Bordeaux; Johns; Milstead; Saba

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

    Rep. Qualm moved that the House do now recess until 7:30 p.m., which motion prevailed and at 5:45 p.m., the House recessed.

RECESS

    The House reconvened at 9:59 p.m., the Speaker presiding.

    There being no objection, the House reverted to Order of Business No. 5 - Reports of Standing Committees.

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REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1087, 1177, and 1209 and finds the same correctly enrolled.

Also MR. SPEAKER:

    Your Joint Committee on Legislative Procedures respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Ninety-fourth Legislative Session be adopted as the joint rules of the Ninety-fifth Legislative Session with the following changes:

Amend Chapter 5 of the Joint Rules as follows:

5-11.1. Motions to reconsider. Having given notice of intent to reconsider, the member giving notice may move to reconsider the question not later than the next legislative day, except as provided in Joint Rule 5-13. Any motion to reconsider shall be made under order of business No. 8, except as provided in Joint Rule 5-13, and takes precedence over all other motions except to recess or adjourn. No motion to reconsider the same question may be made twice in the same house without unanimous consent. Every motion to reconsider shall be decided by a majority vote of the members-elect on a roll call vote. No question may be reconsidered except the final disposition of bills and joint resolutions and the override of vetoes. No motion to lay on the table is subject to reconsideration. If a motion to reconsider a question is approved, the question shall be immediately reconsidered unless there is a motion to defer.

5-13.1. Immediate consideration of emergency measures. If the only reason a bill requires a two-thirds majority of members-elect for passage is that it contains an emergency clause, and if the affirmative vote for a the bill containing an emergency clause is less than two-thirds but more than one-half of the members-elect, the vote shall be immediately reconsidered.

5-17. Motion to delay action on amendments. Final action upon any amendment to a bill or resolution may not be had until one legislative day has intervened, if a request for delay is made and is supported by at least one-fifth of the members. However, no such request is in order during the last fourteen days of the session, less one day for every two days that the session is less than forty days after the deadline prescribed by Joint Rule Chapter 17. This rule cannot be invoked more than two times on the same bill in each house.

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Amend Chapter 6A of the Joint Rules as follows:

6A-1. Legislative Documents. Only bills and the following may be introduced in the Legislature:

(1) A House or Senate resolution pertains to the affairs of one house only and requires action only by the legislative chamber concerned. A House or Senate resolution may be used to express an opinion or principle of one house, to express an opinion to or make a request of the other house, to regulate procedure, or to refer the subject matter of bills a topic to the Executive Board of the Legislative Research Council for possible study by an interim study committee;

(2) A concurrent resolution expresses the opinion or a principle of the Legislature not having does not have the force of law. A concurrent resolution shall only be used to authorize interim studies, sessions or committees, to instruct a department of state government, or to petition federal agencies;

(3) A joint resolution contains matters of legislation only. A joint resolution may be used to refer a matter for referendum to the people, to place a constitutional amendment on the ballot at the next general election, to ratify proposed amendments to the United States Constitution, to enact legislative reapportionment, or to grant a water right pursuant to § 46-5-20.1;

(4) A House or Senate resolution of disapproval as provided under Article IV, Section 8, of the South Dakota Constitution; and

(5) A legislative commemoration expresses recognition of service or achievements of national or statewide importance or expresses sorrow over death or loss.

Amend Chapter 6B of the Joint Rules as follows:

6B-1. Time for introduction of bills, number of copies for introduction, bills are property of Legislature. Any member or committee desiring to introduce a bill, or resolution, or any member desiring to introduce a commemoration shall file two copies of the bill, resolution, or commemoration with the bill clerk at least two hours prior to the opening of the daily session. Any bill, resolution, or commemoration filed with the bill clerk and duly numbered becomes the property of the Legislature.

6B-3. Limit on number of bills that may be introduced. A legislator may introduce as prime sponsor only three individual bills or joint resolutions during the last three days for bill introduction prescribed by Joint Rule Chapter 17. A legislator may introduce as prime sponsor only four combined House, Senate, or concurrent resolutions, three of which must be introduced before the ninth legislative day. The final day for introduction of the fourth House, Senate, or concurrent resolution is prescribed by Joint Rule Chapter 17.

Amend Chapter 6E of the Joint Rules as follows:

6E-1.1. Amendments to the title of a bill. An amendment that alters the subject of a bill in a manner that requires a new title shall also amend the title in that amendment in accordance with the altered subject of the bill.

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6E-2. Hoghouse amendments. Any A substitute bill shall be treated as an amendment and shall be governed by the rules governing amendments. A substitute bill shall include a listing of the sponsors of the substitute bill, who shall be sponsors of the bill as amended by the substitute bill. Final committee action on any bill so amended with a substitute bill may not be heard until one legislative day has intervened, if a request for delay is made and supported by at least one-fifth of the committee members-elect unless the chair otherwise delays action on the bill as amended. However, no such A request for delay is not in order on the final day for the committee to act upon the bill, according to the committee's schedule.

Amend Chapter 6H of the Joint Rules as follows:

6H-3. Printing and calendaring of commemorations. Upon introduction, the presiding officer shall order the legislature commemoration printed in the journal of that legislative day. The presiding officer shall place each pending legislative commemoration on the calendar of the next legislative day following its printing introduction.

Amend Chapter 7 of the Joint Rules as follows:

7-7. Demand for delivery of bill or resolution to house _ "Smoke-out." Each house may by motion order its committee to deliver a bill or resolution under its consideration to that house, if no more than three legislative days have passed since the committee reported that the bill or resolution was tabled or deferred to the 41st legislative day. If the motion is supported by the vote of one-third or more of the members-elect, the chair of the committee shall, not later than the next legislative day, deliver the bill or resolution to the house with or without recommendation. The bill or resolution shall be delivered to the house in the same form as it the bill or resolution was in when it was tabled or deferred to the 41st legislative day by the committee.

7-7.1 Committee recommendation of "smoked-out" bill or resolution. If a bill or resolution is tabled or deferred to the 41^st legislative day by a committee that does not have all members of that committee present, and the bill or resolution is subsequently subject to Joint Rule 7-7, the chair may convene a meeting of the committee with all members of the committee present to consider whether to recommend "Do Pass" or "Do Not Pass" on the bill or resolution. If a majority of all members of the committee do not vote in favor of a "Do Pass" or "Do Not Pass" recommendation on the bill or resolution, the chair shall deliver the bill or resolution in accordance with Joint Rule 7-7.

Amend Chapter 10 of the Joint Rules as follows:

10-2. Journal contents. In keeping a correct journal, the secretary of the Senate and the chief clerk of the House shall record in the journals of their respective houses the motions, resolutions, rules, and decisions of the respective houses.

Amend Chapter 11 of the Joint Rules as follows:

11-3. Proceedings governed by Mason's Manual. In all cases not covered by these rules, Mason's Manual of Legislative Procedure governs the proceedings of the Senate and the House of Representatives in all cases not covered by these rules.

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Amend Chapter 13 of the Joint Rules as follows:

13-2. Consent calendar placement, objections. Any If any bill or resolution receives no opposition testimony in its final form and an affirmative "Do Pass" vote of all members present of the committee reporting the bill or resolution to its respective house, certified by the committee chair as an uncontested may certify the bill or resolution as uncontested. Any bill or resolution so certified shall be placed on the consent calendar by the secretary of the Senate or the chief clerk of the House of Representatives., on the consent calendar, upon an affirmative vote therefor of all the members present of the committee reporting the bill or resolution to its respective house. Upon objection of If any member objects to the placement or retention of any bill or resolution on the consent calendar, the bill or resolution shall be removed from the consent calendar and may be placed on the house calendar for second reading on the following legislative day. No consent calendar bill or resolution may be considered for adoption until the legislative day following the day of its placement on the consent calendar.

Amend Chapter 17 of the Joint Rules 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 27th Day
E. Last day to move required delivery of bills or resolutions by a committee to the house of origin	28th Day
F. Last day to pass bills or joint resolutions by the house of origin and to introduce House, Senate, or concurrent resolutions	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. 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 amends a prior year's general appropriations bill, or 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, and J, 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 Appropriations, the Senate 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.

    Your Joint Committee on Legislative Procedures also respectfully recommends the days of the Ninety-fifth Legislative Session be adopted as shown below:

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Respectfully Submitted,                Respectfully Submitted,
Steven G. Haugaard, Chair                Brock L. Greenfield, Vice Chair