JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

THIRTY-NINTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 13, 2019

The House convened at 12:30 a.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Speaker, followed by the Pledge of Allegiance led by Abigail Weis.

Roll Call: All members present except Reps. Bordeaux, Deutsch, Frye-Mueller, Howard, Johns, Livermont, Marty, Milstead, Olson, Pourier, and Saba who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-eighth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1187 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc181a

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 181 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB181 be amended as follows:

181zb

On page 1, line 4, of the House Appropriations Committee engrossed bill, delete "five million six hundred three" and insert "six million six hundred three thousand four hundred sixty-three dollars ($6,603,463)".

On page 1, line 5, delete everything before "from" .

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

Respectfully submitted,            Respectfully submitted,
Chris Karr                    Justin R. 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 adopted the reports of the Conference Committees on HB 1187 and SB 176 and 181.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Karr moved that the report of the Conference Committee on SB 181 as found on page 750 of the House Journal be adopted.

The question being on Rep. Karr's motion that the report of the Conference Committee on SB 181 be adopted.

And the roll being called:

Yeas 59, Nays 0, Excused 11, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; 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; McCleerey; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Bordeaux; Deutsch; Frye-Mueller; Howard; Johns; Livermont; Marty; Milstead; Olson; Pourier; Saba

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. 7 - Messages from the Senate.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 172, 180, and 191 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that Joint Rule Chapter 17, deadline J, be suspended for the sole purpose to allow consideration of SB 172.

The question being on Rep. Qualm's motion that Joint Rule Chapter 17, deadline J, be suspended for the sole purpose to allow consideration of SB 172.

And the roll being called:

Yeas 59, Nays 0, Excused 11, Absent 0

Excused:
Bordeaux; Deutsch; Frye-Mueller; Howard; Johns; Livermont; Marty; Milstead; Olson; Pourier; Saba

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried, the rules were suspended, and the bill was so placed.

There being no objection, the House proceeded to Order of Business No. 11 - First Reading of Senate Bills and Joint Resolutions.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 172: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SB 180: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2019.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SB 191: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

Rep. Karr moved that SB 180 and 191 be placed on today's calendar.

Which motion prevailed and SB 180 and 191 were so placed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 172: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

Was read the second time.

The question being "Shall SB 172 pass?"

And the roll being called:

Yeas 59, Nays 0, Excused 11, Absent 0

Excused:
Bordeaux; Deutsch; Frye-Mueller; Howard; Johns; Livermont; Marty; Milstead; Olson; Pourier; Saba

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.

SB 180: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2019.

Was read the second time.

The question being "Shall SB 180 pass?"

And the roll being called:

Yeas 58, Nays 1, Excused 11, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; 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; McCleerey; Mills; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Randolph

Excused:
Bordeaux; Deutsch; Frye-Mueller; Howard; Johns; Livermont; Marty; Milstead; Olson; Pourier; Saba

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

Was read the second time.

The question being "Shall SB 191 pass?"

And the roll being called:

Yeas 53, Nays 6, Excused 11, Absent 0

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

Nays:
Brunner; Goodwin; Mulally; Otten (Herman); Randolph; Weis

Excused:
Bordeaux; Deutsch; Frye-Mueller; Howard; Johns; Livermont; Marty; Milstead; Olson; Pourier; Saba

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

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1087, 1099, 1177, 1186, 1187, and 1209 were delivered to her Excellency, the Governor, for her approval at
2:10 a.m., March 13, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 11:00 a.m., on Friday, March 29, 2019, the 40^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1187: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to conduct a study of the Flaming Fountain on Capitol Lake, to make an appropriation therefor, and to declare an emergency.

SB 8: FOR AN ACT ENTITLED, An Act to provide for a statewide resource information system.

SB 123: FOR AN ACT ENTITLED, An Act to provide for the adoption of privacy protection policies.

SB 128: FOR AN ACT ENTITLED, An Act to make an appropriation to the gaming commission fund, to provide for the transfer of funds to the special racing revolving fund and the South Dakota-bred racing fund, and to declare an emergency.

SB 146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licenses for speech-language pathology services.

SB 167: FOR AN ACT ENTITLED, An Act to establish a legislative study to study offenses regarding controlled substances.

SB 172: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

SB 176: FOR AN ACT ENTITLED, An Act to make an appropriation for the second century habitat fund.

SB 178: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks to fund certain improvements to Palisades State Park and to declare an emergency.

SB 179: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of school districts and to revise the state aid to education formula.

SB 180: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2019.

SB 181: FOR AN ACT ENTITLED, An Act to provide for the transfer of funds from the budget reserve fund and to declare an emergency.

SB 182: FOR AN ACT ENTITLED, An Act to revise the special education property tax levy for school districts and to revise the state aid to special education formula.

And signed the same in the presence of the House.

Rep. Mulally moved that the House do now adjourn, which motion prevailed and at
3:00 a.m. the House adjourned.

Sandra J. Zinter, Chief Clerk