SD Legislature Logo
Site Search:   
2015 Bill Quickfind:   



Members Calendars Journals Agendas

House of Representatives Journals

Printer Friendly

House of Representatives Journal 3/13/2015 09:00 AM

JOURNAL OF THE HOUSE

NINETIETH SESSION




THIRTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 13, 2015

    The House convened at 9:00 a.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge of Allegiance led by House pages Molly Walker and Morgan Ziegler.

    Roll Call: All members present except Reps. Craig, Hickey, Schrempp, and Schoenbeck 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-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,
Dean Wink, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 12, 2015

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 12, 2015, I approved House Bills 1021, 1022, 1050, 1080, 1082, 1107, 1118, 1122, 1128, 1134, 1142, 1143, 1145, 1173, 1176, 1179, 1194, 1201, 1209, and 1235, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of arranging legislative days for the Ninety-first Legislative Session.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Ninety-first Legislative Session.

Respectfully
Kay Johnson, Secretary


    Rep. Gosch moved that the House do now recess until 10:30 a.m., which motion prevailed and at 9:18 a.m., the House recessed.

RECESS

    The House reconvened at 10:30 a.m., the Speaker presiding.


RECOGNITION

    The House of Representatives recognized Michael Burke, Allison Guindon, Laura Hodson, John Jones III, Ruth Latterell, Eric Leggett, Kelly Maxwell, Jennifer Michlitsch, Kanon Olson, Samuel Olson, Nicole Steffen, Curstie Visser, McKenzie Wagner who served the 2015 Legislature as Legislative Interns.            

MOTIONS AND RESOLUTIONS

    HOUSE PAGE RESOLUTION 5 Introduced by: Representatives Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield, Lana; Haggar, Don; Harrison; Haugaard; Hawks; Hawley; Heinemann; Hickey; Holmes; Hunhoff, Jean; Hunt; Jensen, Alex; Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup, Al; Otten, Herman; Partridge; Peterson, Kent; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wink; Wollmann; Zikmund.

        A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives of the Ninetieth Legislature of the State of South Dakota to Christy Achen, Renee Gallagher, Seth Gerberding, Gunner Gray, Israel Haile, Maria Lewis, Jackson Neal, Jordan Poignee, Brooke Thorson, Molly Walker, Adam Walter, Morgan Ziegler.

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

    WHEREAS, the members of the Ninetieth 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 Ninetieth 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. Haggar moved that House Page Resolution 5 be adopted.

    Which motion prevailed and the resolution was adopted.

    There being no objection, the House reverted to Order of Business No. 5.


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1047, 1049, 1185, 1186, 1187, and 1225 were delivered to his Excellency, the Governor, for his approval at 9:35 a.m., March 13, 2015.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1219 and 1231 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., March 13, 2015.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1140, 1147, 1190, 1191, and 1192 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1140: FOR AN ACT ENTITLED, An Act to increase the crimes and lookback period to enhance the penalty for violating a protection order.

    HB 1147: FOR AN ACT ENTITLED, An Act to increase the amounts of the annual awards given to recipients of the South Dakota opportunity scholarship.

    HB 1190: FOR AN ACT ENTITLED, An Act to make an appropriation for community-based provider workforce improvement and to declare an emergency.

    HB 1191: FOR AN ACT ENTITLED, An Act to make an appropriation for the Jobs for America's Graduates program and to declare an emergency.

    HB 1192: FOR AN ACT ENTITLED, An Act to make an appropriation for the protection and enhancement of wildlife habitat and to declare an emergency.

    SB 2: FOR AN ACT ENTITLED, An Act to provide for the establishment of river basin natural resource districts.



    SB 39: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

    SB 52: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding investment income that is transferred to the general fund and to declare an emergency.

    SB 64: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of business names.

    SB 65: FOR AN ACT ENTITLED, An Act to revise certain procedures regarding campaign finance disclosure statements.

    SB 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the county renaming process.

    SB 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the risk pool fund.

    SB 100: FOR AN ACT ENTITLED, An Act to create a leased residential property classification.

    SB 120: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding special alcoholic beverage licenses issued in conjunction with special events and to declare an emergency.

    SB 132: FOR AN ACT ENTITLED, An Act to allow school districts to recruit teachers by providing certain financial incentives.

    SB 134: FOR AN ACT ENTITLED, An Act to prohibit minor boundary changes for one year, to establish the school district boundary task force, and to declare an emergency.

    SB 154: FOR AN ACT ENTITLED, An Act to require that certain employees of the Department of Veterans Affairs be veterans.

    SB 180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the production tax for wind energy facilities and to declare an emergency.

    And signed the same in the presence of the House.

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


REPORTS OF CONFERENCE COMMITTEES

cc69a

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 69 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 69 be amended as follows:

69fx


    On page 1, line 10, of the House engrossed bill, delete "third" and insert "first".

    On page 1, line 12, delete "first".

    On page 1, line 13, delete "received".

    On page 2, line 12, delete "third" and insert "first".

    On page 2, line 14, delete "received".

    On page 2, line 24, delete "third" and insert "first".

    On page 5, line 1, delete "pursuant to subdivision 121-1-3(10)".

    On page 5, line 2, delete everything before "candidate" and insert "nominating an independent or a nonpolitical".

    On page 5, line 3, after "." insert "The provisions of this section do not prohibit a person registered with a recognized political party from signing a petition nominating a nonpolitical candidate for office.".

    On page 5, line 15, after "number of" insert "registered".

    On page 6, line 8, delete "third" and insert "first".

    On page 6, line 11, delete "received".

    On page 6, line 15, delete "third" and insert "first".

    On page 6, line 20, delete "third" and insert "first".

    On page 7, line 8, delete "third" and insert "first".

    On page 8, line 3, delete "third" and insert "first".

    On page 8, line 5, delete "received".

    On page 8, line 10, delete "third" and insert "first".

    On page 8, line 22, delete "received".

    On page 9, line 12, delete "received".

    On page 10, line 7, delete "first".

    On page 10, line 8, delete "received".

    On page 11, line 4, delete "received".

    On page 11, line 18, after "affiliation" insert "and voters registered as other".

    On page 13, between lines 13 and 14, insert:

"
    "Independent candidate," any registered voter who is not registered as a member of a recognized political party and who is a candidate for office;".


    On page 13, after line 15, insert:

"    Section 23. That § 12-8-6 be amended to read as follows:

    12-8-6. Nominations byA party committee to may fill vacancies occurring in nominations a vacancy created by a nomination made in a primary elections and certificates of election. The party committee shall certify the nomination to be filed with the secretary of state and those to be filed with the or the county auditor shall be filed not later than the second Tuesday in August at five p.m. or mailed by registered mail by that date and time prior to the election. ".


69fw


    On page 3, line 11, of the House engrossed bill delete everything after "sheet." .

    On page 3, delete line 12.

    On page 3, line 13, delete "general election, the" and insert "The".

    On page 3, line 16, delete everything after "." .

    On page 3, delete lines 17 to 21, inclusive.

    On page 3, line 23, delete everything after "§ 12-6-7" .

    On page 3, line 24, delete everything before "a nominating" .

    On page 4, line 4, delete everything after "less." .

    On page 4, delete lines 5 to 7, inclusive.

    On page 4, line 8, delete everything before "The" .

    On page 5, line 15, delete everything after "other," .

    On page 5, line 16, delete everything before "at" .

    On page 13, after line 15, insert:

"    Section 23. That § 12-5-1.4 be amended to read as follows:

    12-5-1.4. If a political party qualifies for the primary ballot under § 12-5-1, each candidate intending to participate in a primary election shall file a nominating petition pursuant to § 12-6-4. In each primary election following the qualification of a political party and prior to the next gubernatorial election, each:

            (1)    State and federal candidate for that party shall file a petition bearing signatures of at least not less than two hundred fifty registered voters in that party or not less than one percent of the registered voters having no party affiliation including any registered voters of the new political party and voters registered as other in the state at the last general election; and

            (2)    Legislative and county candidate for that party shall file a petition bearing signatures of at least five registered voters in that party not less than fifty voters in that party or not less than one percent of the registered voters having no party affiliation including any registered voters of the new political party and voters registered as other in that county or district. ".

Respectfully submitted,            Respectfully submitted,
G. Mark Mickelson                Ernie Otten
House Committee Chair            Senate Committee Chair

cc55a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 55 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 55 be amended as follows:


55mf


    On page 9, line 19, of the House Appropriations Committee engrossed bill, delete "$302,549" and insert "$535,446".

55mg


    On page 4, line 15, of the House Appropriations Committee engrossed bill, delete "$22,292,245" and insert "$23,292,245".

55nk


    On page 2, line 18, of the House Appropriations Committee engrossed bill, delete "$298,092,553" and insert "$295,871,635".

    On page 2, line 19, delete "$463,192,098" and insert "$460,427,161".

    On page 3, line 1, delete "$32,757,050" and insert "$28,957,050".

    On page 3, line 2, delete "$38,541,928" and insert "$36,087,897".

Respectfully submitted,            Respectfully submitted,
Brian Gosch                    Tim Rave
House Committee Chair            Senate Committee Chair

cc1a

Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 1 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 1 be amended as follows:

1fah


    On page 10, of the House engrossed bill, delete lines 9 to 13, inclusive, and insert: "bridge reserve fund." Any increased tax levy imposed pursuant to this section is exempt from the provisions of chapter 10-13, if the county establishes the amount of revenue payable from taxes on real property pursuant to section 21 of this Act. However, each year thereafter, the county may increase the amount of revenue payable from property taxes by applying the growth and the index factor pursuant to the provisions of § 10-13-35.".


    On page 10, between lines 13 and 14, insert:

"    Section 21. The governing body of the county may, by resolution, impose the increased tax levy provided in § 10-12-13 with an affirmative two-thirds vote of the governing body on or before July fifteenth. The action of the governing body to authorize an increased tax levy shall be published within ten days of the action and shall be published at least twice in each legal newspaper designated by the county. The action to authorize an increased tax levy is subject to the referendum process in accordance with chapter 7-18A.".


    On page 10, line 17, delete "22" and insert "23".

1fas


    On page 4, line 4, of the House engrossed bill, delete ":" and insert "$.28 per gallon.".

    On page 4, delete lines 5 to 7, inclusive.

    On page 4, line 10, delete ":" and insert "$.14 per gallon.".

    On page 4, delete lines 11 to 13, inclusive.

    On page 12, after line 20, insert:

"    Section 30. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect on and after April 1, 2015.".


1ftb


    On page 1, line 2, of the House engrossed bill, after "Dakota" delete "and" and insert ",".

    On page 1, line 3, after "highways" insert ", and to declare an emergency".

Respectfully submitted,            Respectfully submitted,
Steve Westra                    Mike Vehle
House Committee Chair            Senate Committee Chair


CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Gosch moved that consideration of the report of the Conference Committee on SB 69 be immediately considered.

    Which motion prevailed.

    Rep. Mickelson moved that the report of the Conference Committee on SB 69 as found on page 772 of the House Journal be adopted.

    The question being on Rep. Mickelson's motion that the report of the Conference Committee on SB 69 be adopted.

    And the roll being called:

    Yeas 50, Nays 16, Excused 4, Absent 0

    Yeas:
Anderson; Beal; Bolin; Brunner; Conzet; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Klumb; Langer; Latterell; Marty; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Romkema; Rounds; Rozum; Schaefer; Sly; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Bartling; Bordeaux; Campbell; Feickert; Gibson; Hawks; Hawley; Kaiser; Killer; Kirschman; May; McCleerey; Ring; Russell; Schoenfish; Soli

    Excused:
Craig; Hickey; Schoenbeck; Schrempp

    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. Cronin moved that the report of the Conference Committee on SB 91 as found on page 746 of the House Journal be adopted.

    The question being on Rep. Cronin's motion that the report of the Conference Committee on SB 91 be adopted.

    And the roll being called:

    Yeas 60, Nays 6, Excused 4, Absent 0


    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; Latterell; Marty; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Campbell; DiSanto; Haugaard; Kaiser; May; Russell

    Excused:
Craig; Hickey; Schoenbeck; Schrempp

    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.

    Rep. Anderson moved that the report of the Conference Committee on SB 92 as found on page 744 of the House Journal be adopted.

    The question being on Rep. Anderson's motion that the report of the Conference Committee on SB 92 be adopted.

    And the roll being called:

    Yeas 62, Nays 3, Excused 5, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; Marty; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Haugaard; May; Russell

    Excused:
Craig; Cronin; Hickey; Schoenbeck; Schrempp

    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.



    Rep. Gosch moved that consideration of the report of the Conference Committee on SB 55 be immediately considered.

    Which motion prevailed.

    Rep. Gosch moved that the report of the Conference Committee on SB 55 as found on page 774 of the House Journal be adopted.

    The question being on Rep. Gosch's motion that the report of the Conference Committee on SB 55 be adopted.

    And the roll being called:

    Yeas 54, Nays 5, Excused 11, Absent 0

    Yeas:
Bartling; Beal; Bordeaux; Brunner; Campbell; Conzet; Deutsch; DiSanto; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunt; Johns; Killer; Kirschman; Klumb; Langer; Latterell; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Ring; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Bolin; Kaiser; Marty; May; Russell

    Excused:
Anderson; Craig; Cronin; Dryden; Hickey; Hunhoff (Jean); Jensen (Alex); Partridge; Romkema; Schoenbeck; Schrempp

    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. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 109 and HB 1228.

Respectfully,
Kay Johnson, Secretary
    Rep. Gosch moved that the House do now recess until 1:15 p.m., which motion prevailed and at 12:09 p.m., the House recessed.

RECESS

    The House reconvened at 1:15 p.m., the Speaker presiding.

    Rep. Gosch moved that the House do now recess until 2:15 p.m., which motion prevailed and at 1:28 p.m., the House recessed.

RECESS

    The House reconvened at 2:15 p.m., the Speaker presiding.

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

COMMUNICATIONS AND PETITIONS

March 13, 2015

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 13, 2015, I approved House Bills 1015, 1041, 1046, 1059, and 1215, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 55 and 69.

Respectfully,
Kay Johnson, Secretary
MOTIONS AND RESOLUTIONS

    Rep. Gosch moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 30, the 39th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Gosch moved that the report of the Conference Committee on HB 1110 as found on page 741 of the House Journal be adopted.

    The question being on Rep. Gosch's motion that the report of the Conference Committee on HB 1110 be adopted.

    And the roll being called:

    Yeas 48, Nays 4, Excused 18, Absent 0

    Yeas:
Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Deutsch; DiSanto; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunt; Johns; Kaiser; Killer; Kirschman; Klumb; Langer; Latterell; McCleerey; Mickelson; Munsterman; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Rounds; Rozum; Schoenfish; Soli; Solum; Stalzer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Haugaard; Marty; Russell; Verchio

    Excused:
Anderson; Bordeaux; Craig; Cronin; Dryden; Haggar (Don); Hickey; Hunhoff (Jean); Jensen (Alex); May; Novstrup (Al); Partridge; Ring; Romkema; Schaefer; Schoenbeck; Schrempp; Sly

    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. Gosch moved that the House do now recess until 3:30 p.m., which motion prevailed and at 2:28 p.m., the House recessed.


RECESS

    The House reconvened at 3:30 p.m., the Speaker presiding.

    Rep. Gosch moved that the House do now recess until 4:30 p.m., which motion prevailed and at 3:40 p.m., the House recessed.

RECESS

    The House reconvened at 4:30 p.m., the Speaker presiding.

    Rep. Rounds moved that the House do now recess until 4:50 p.m., which motion prevailed and at 4:34 p.m., the House recessed.

RECESS

    The House reconvened at 4:50 p.m., the Speaker presiding.

    Rep. Beal moved that the House do now recess until 5:15 p.m., which motion prevailed and at 4:56 p.m., the House recessed.

RECESS

    The House reconvened at 5:15 p.m., the Speaker presiding.

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


COMMUNICATIONS AND PETITIONS

March 13, 2015

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 13, 2015, I approved House Bills 1047, 1049, 1185, 1186, 1187, 1219, and 1231, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

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 67.

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 1.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Rep. Westra moved that the report of the Conference Committee on SB 1 as found on page 775 of the House Journal be adopted.

    Rep. Brunner moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 1 and that the same committee be reappointed.

    Rep. Brunner's motion lost.



    The question being on Rep. Westra's motion that the report of the Conference Committee on SB 1 be adopted.

    And the roll being called:

    Yeas 55, Nays 11, Excused 4, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Bordeaux; Conzet; Cronin; Deutsch; Dryden; Duvall; Feickert; Gibson; Gosch; Haggar (Don); Harrison; Haugaard; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kirschman; Klumb; Langer; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Brunner; Campbell; DiSanto; Greenfield (Lana); Hawks; Kaiser; Killer; Latterell; Marty; May; Russell

    Excused:
Craig; Hickey; Schoenbeck; Schrempp

    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. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1140, 1147, 1190, 1191, and 1192 were delivered to his Excellency, the Governor, for his approval at 4:40 p.m., March 13, 2015.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1110 and 1228 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair


SIGNING OF BILLS


    The Speaker publicly read the title to

    HB 1110: FOR AN ACT ENTITLED, An Act to increase the number of judges in the Second and Seventh Judicial Circuits.

    HB 1228: FOR AN ACT ENTITLED, An Act to establish an obligation recovery center.

    SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state aid to general education formula and to revise the property tax levies for the general fund of school districts.

    SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state aid to special education formula and to revise the property tax levies for special education.

    SB 55: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2015.

    SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding elections and election petitions.

    SB 91: FOR AN ACT ENTITLED, An Act to make an appropriation to support the South Dakota need-based grant program and to declare an emergency.

    SB 92: FOR AN ACT ENTITLED, An Act to make an appropriation to support the South Dakota critical teaching needs scholarship program and to declare an emergency.

    SB 109: FOR AN ACT ENTITLED, An Act to establish a grant program for adult community residential services designed to reduce the risk of recidivism, to provide a report to the Legislature, to make an appropriation therefor, and to declare an emergency.

    SB 152: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to mountain pine beetle suppression and to declare an emergency.

    SB 174: FOR AN ACT ENTITLED, An Act to make an appropriation for the Ross Shaft at the Sanford Underground Research Facility and to declare an emergency.

    SB 179: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to record search fees in the Unified Judicial System.

    SB 190: FOR AN ACT ENTITLED, An Act to clarify health coverage for applied behavior analysis, and to establish the Applied Behavior Analysis Provider Workgroup.

    And signed the same in the presence of the House.


    Rep. Gosch moved that the House do now recess until 9:30 p.m., which motion prevailed and at 6:14 p.m., the House recessed.

RECESS

    The House reconvened at 9:30 p.m., the Speaker presiding.

SIGNING OF BILLS
(continued)

    The Speaker publicly read the title to

    SB 1: FOR AN ACT ENTITLED, An Act to revise certain taxes and fees to fund improvements to public roads and bridges in South Dakota, to increase the maximum speed limit on interstate highways, and to declare an emergency.

    SB 67: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to certain election petition signatures.

    And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1208 and returns the same with the recommendation that said bill be amended as follows:

1208ar

    On page 25, line 39 of the printed bill, INCREASE Personal Services GENERAL FUNDS $304,258

    On page 25, line 40, INCREASE Operating Expenses GENERAL FUNDS $27,290

    On page 25, line 43, INCREASE FTEs 4.0

Adjust all totals accordingly.

DESCRIPTION: Unified Judicial System - Circuit Judges - Funding due to judgeships within the Second and Seventh Circuit Court. (Sen. Peters)



1208gq

    On page 3, line 44 of the printed bill, DECREASE Personal Services GENERAL FUNDS $876,053 and DECREASE Personal Services FEDERAL FUNDS $499,211 and DECREASE Personal Services OTHER FUNDS $884,380

    On page 3, line 45, DECREASE Operating Expenses GENERAL FUNDS $7,287

Adjust all totals accordingly.

DESCRIPTION: Bureau of Finance and Management - Employee Compensation and Billing Pools - Reduce movement toward market value from 2.5% to 2%. (Senator Peters)


1208gr

    On page 3 of the printed bill, delete lines 43 to 48, inclusive, and insert:

"

(16A) Employee Compensation Pool  
    Personal Services   $9,979,624   $5,016,808   $11,200,009   $26,196,441  
    Operating Expenses   $271,789   $53,387   $0   $325,176  
    TOTAL   $10,251,413   $5,070,195   $11,200,009   $26,521,617  
    F.T.E.         0.0  


(16B) Bureau Billing Pool  
    Personal Services   $0   $0   $0   $0  
    Operating Expenses   $603,058   $513,792   $1,544,347   $2,661,197  
    TOTAL   $603,058   $513,792   $1,544,347   $2,661,197  
    F.T.E.         0.0  


(16C) Captive Insurance Pool  
    Personal Services   $0   $0   $0   $0  
    Operating Expenses   $592,982   $385,944   $751,224   $1,730,150  
    TOTAL   $592,982   $385,944   $751,224   $1,730,150  
    F.T.E.         0.0  

Adjust all totals accordingly.

Description: Bureau of Finance and Management - Create a separate budget unit for each of the pools recommended by the Governor for employee compensation, bureau billings, and captive insurance. Reduce movement toward market value from 2.5% to 2% within the Employee Compensation Pool (Joint Committee)".

1208nw

    On page 10, line 53 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $55,562 and INCREASE Operating Expenses FEDERAL FUNDS $2,442.

    On page 11, line 3, DECREASE Operating Expenses GENERAL FUNDS $62,771 and DECREASE Operating Expenses FEDERAL FUNDS $174,752.

    On page 11, line 10, INCREASE Operating Expenses GENERAL FUNDS $111,636 and INCREASE Operating Expenses FEDERAL FUNDS $62,769 and INCREASE Operating Expenses OTHER FUNDS $1,845.

    On page 11, line 17, INCREASE Operating Expenses GENERAL FUNDS $185,206 and INCREASE Operating Expenses FEDERAL FUNDS $56,401 and DECREASE Operating Expenses OTHER FUNDS $1,159.

    On page 12, line 32, INCREASE Operating Expenses OTHER FUNDS $2,176.

    On page 18, line 3, INCREASE Operating Expenses FEDERAL FUNDS $2,659.

    On page 21, line 39, INCREASE Personal Services GENERAL FUNDS $4,442 and INCREASE Personal Services FEDERAL FUNDS $4,748.

    On page 22, line 31, INCREASE Operating Expenses GENERAL FUNDS $2,841.

    On page 22, line 45, INCREASE Operating Expenses GENERAL FUNDS $48,135 and INCREASE Operating Expenses FEDERAL FUNDS $24,460.

    On page 23, line 39, INCREASE Operating Expenses GENERAL FUNDS $259,449 and INCREASE Operating Expenses FEDERAL FUNDS $316,562 and INCREASE Operating Expenses OTHER FUNDS $52,344.

    On page 23, line 53, INCREASE Operating Expenses GENERAL FUNDS $14,929 and INCREASE Operating Expenses FEDERAL FUNDS $10,395.

    On page 25, line 40, INCREASE Operating Expenses GENERAL FUNDS $5,523 and INCREASE Operating Expenses FEDERAL FUNDS $250.

Adjust all totals accordingly.


DESCRIPTION: DSS, DOH, DOE, DV A, DOC, DHS, UJS - This amendment adjusts the inflation increases for providers in the FY2016 budget. (Senator Peters/Representative Cronin)

1208mt

    On page 17, line 46 of the printed bill, DECREASE Operating Expenses GENERAL FUNDS $1,758,359

Adjust all totals accordingly.

DESCRIPTION: Technical Institute Reduction - This amendment reduces the budget for the technical institute formula by $1,317,535 based on updated student counts. This also reduces the budget for technical institute bond payments by $440,824 based on updated bond payment calculations. (Sen. Peters)


1208di

    On page 19, line 25 of the printed bill, DECREASE Operating Expenses GENERAL FUNDS $1,008,600

Adjust all totals accordingly.

DESCRIPTION: Board of Regents - Adjust the amount needed for the Opportunity Scholarship from $1,274,001 to $265,401, a difference of $1,008,600. This adjustment is according to HB1147 amendment 1147ma. (Senator Peters)


1208dk

    On page 21, line 33 of the printed bill, INCREASE Operating Expenses OTHER FUNDS $45,000

Adjust all totals accordingly.

DESCRIPTION: Dept. Of Veterans Affairs _ Provide funding to reimburse a veterans organization for furnishing an honor guard detail at the funeral of deceased veterans. (Senator Van Gerpen)


1208ao

    On page 22, line 45 of the printed bill, DECREASE Operating Expenses GENERAL FUNDS $452,494

    On page 22, line 51, DECREASE Personal Services GENERAL FUNDS $314,396

    On page 22, line 55, DECREASE FTEs 4.0

    On page 23, line 2, DECREASE Personal Services GENERAL FUNDS $314,396

    On page 23, line 6, DECREASE FTEs 4.0

Adjust all totals accordingly.

DESCRIPTION: Department of Corrections - Juvenile Placement Revision and Facility Reductions - Decrease in general funds due to updated projections which estimate the juvenile population within the Department of Corrections to be fewer than previously anticipated and facility reductions. (Sen. Peters)


1208nu

    On page 23, line 45 of the printed bill, DECREASE Personal Services GENERAL FUNDS $251,336 and DECREASE Personal Services FEDERAL FUNDS $268,168

    On page 23, line 49, DECREASE FTEs 5.0

Adjust all totals accordingly.

DESCRIPTION: Department of Human Services - This amendment decreases the Personal Services budget of the South Dakota Developmental Center - Redfield based on historical and FY15 actual usage of the personal services budget. (Senator Peters)

1208nc

    On page 25, line 17 of the printed bill, DECREASE Personal Services OTHER FUNDS $48,462

Adjust all totals accordingly.

DESCRIPTION: PUC - Maintain current policies for funding leave balance payouts of retiring employees. (Sen. Peters)


1208ms

    On page 25, after line 56 of the printed bill, insert:

"

(1A) Legislative Contingency Fund  
    Legislative Operations          
    Appropriation   $0   $0   $1,000,000   $1,000,000  
    F.T.E.         0.0  

"
Adjust all totals accordingly.

Description: Legislative Research Council - add other fund budget authority to accommodate the provisions of SB99. (Senator Peters)


1208md

    On page 25, line 55 of the printed bill, INCREASE FTEs 0.3

Adjust all totals accordingly.

DESCRIPTION: Legislative Research Council - Increase the FTE level to accommodate additional session staff. (Sen. Peters)


1208gs

    On page 4, after line 56 of the printed bill, insert:

"

(25A) Obligation Recovery Center  
    Personal Services   $0   $0   $0   $0  
    Operating Expenses   $450,000   $0   $0   $450,000  
    TOTAL   $450,000   $0   $0   $450,000  
    F.T.E.         0.0  

Adjust all totals accordingly.

Description: BOA - Increase of $450,000 in general funds for the ongoing expenses of the Obligation Recovery Center established in HB1228.".


1208dh

    On page 2, line 10 of the printed bill, INCREASE Operating Expenses OTHER FUNDS $12,920,919

Adjust all totals accordingly.


DESCRIPTION: Governor's Office of Economic Development - This amendment adds other fund expenditure authority to allow the Governor's Office of Economic Development to spend Future Fund cash on economic development activities. (BFM)

1208as

    On page 29, after line 8 of the printed bill, insert:

"    Section 33. The state treasurer shall transfer to the state general fund five hundred thousand dollars ($500,000) from the Veterans Home Operating fund created by § 33A-4-24.".

Adjust all totals accordingly.

DESCRIPTION: Department of Veterans Affairs - Transfer $500,000 from the State Veterans Home Operating fund to the state general fund.


1208dj

    On page 18, line 2 of the printed bill, INCREASE Personal Services OTHER FUNDS $101,369

    On page 18, line 3, INCREASE Operating Expenses OTHER FUNDS $57,266

    On page 18, line 6, INCREASE FTEs 2.0

Adjust all totals accordingly.

DESCRIPTION: Department of Education - Build Dakota Scholarship - This amendment adds 2 FTEs and other fund expenditure authority to allow the Department of Education to administer the Build Dakota Scholarship program. (BFM)


1208gm

    On page 3, line 45 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $662,413 and INCREASE Operating Expenses FEDERAL FUNDS $197,631 and INCREASE Operating Expenses OTHER FUNDS $468,161

    On page 4, line 31, DECREASE Operating Expenses GENERAL FUNDS $662,413 and INCREASE Operating Expenses OTHER FUNDS $1,328,205

Adjust all totals accordingly.

DESCRIPTION: BOA and BFM - Transfer of general funds from BOA Statewide Maintenance and Repair to BFM Employee Compensation and Billings Pool. Increase in federal and other fund expenditure authority in the Billings Pool. Also, increase other fund expenditure authority

in BOA Statewide Maintenance and Repair. The new super circular (Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards) does away with billing out allowable capitol complex M&R expenses following the 2% use method. Beginning FY16, allowable costs will include M&R and depreciation of certain buildings. (BFM)


1208gl

    On page 4, line 44 of the printed bill, INCREASE Personal Services OTHER FUNDS $103,213

    On page 4, line 45, INCREASE Operating Expenses OTHER FUNDS $1,604,298

    On page 4, line 48, INCREASE FTEs 2.0

    On page 4, line 52, INCREASE Operating Expenses OTHER FUNDS $922,898

Adjust all totals accordingly.

DESCRIPTION: Bureau of Administration - Increase 2.0 FTEs and $2,630,409 in other fund expenditure authority in the office of Risk Management to manage the captive insurance companies created in HB 1185, HB 1186, and HB 1187. (BFM)


1208mv

    On page 18, line 3 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $390,230

Adjust all totals accordingly.

DESCRIPTION: Dual Credit Program - Increase in general funds within the Department of Education due to increased interest in the dual credit program. (Bureau of Finance and Management)


1208aa

    On page 22, line 45 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $300,000

    On page 25, line 40, DECREASE Operating Expenses GENERAL FUNDS $300,000

Adjust all totals accordingly.

DESCRIPTION: Unified Judicial System and Department of Corrections - Juvenile Justice Reinvestment Initiative - Increase in general funds within the Department of Corrections and

decrease in general funds of a like amount within the Unified Judicial System for programs relating to the Juvenile Justice Reinvestment Initiative. (BFM)


1208ap

    On page 25, line 39 of the printed bill, DECREASE Personal Services GENERAL FUNDS $85,805 and INCREASE Personal Services OTHER FUNDS $85,805

    On page 26, line 27, DECREASE Operating Expenses GENERAL FUNDS $257,041 and INCREASE Operating Expenses OTHER FUNDS $257,041

    On page 26, line 34, DECREASE Operating Expenses GENERAL FUNDS $264,955 and INCREASE Operating Expenses OTHER FUNDS $264,955

Adjust all totals accordingly.

DESCRIPTION: Unified Judicial System and Office of Attorney General - Law Enforcement Officers Training Fund - Decrease general funds and an increase in other fund expenditure authority of a like amount within the Unified Judicial System and the Office of the Attorney General related to Law Enforcement Officers Training Fund expenditures. (Sen. Peters)


1208aj

    On page 25, line 39 of the printed bill, DECREASE Personal Services GENERAL FUNDS $56,528 and INCREASE Personal Services FEDERAL FUNDS $56,528

    On page 25, line 40, DECREASE Operating Expenses GENERAL FUNDS $24,713 and INCREASE Operating Expenses FEDERAL FUNDS $51,130

Adjust all totals accordingly.

DESCRIPTION: Unified Judicial System - Eliminate the Hughes County DUI/Drug Court general/federal funding swap. This results in a reduction of $81,241 from general funds and an increase of $107,658 in federal fund expenditure authority. (Senator Peters)


1208at

    On page 25, line 39 of the printed bill, DECREASE Personal Services GENERAL FUNDS $8,005

    On page 25, line 43, DECREASE FTEs 0.3

Adjust all totals accordingly.


DESCRIPTION: Unified Judicial System - Unified Judicial System Court Services Secretary - Decrease the general funds and FTE related to a Court Services Secretary in Hughes County. (Sen. Peters)

1208nx

    On page 11, line 3 of the printed bill, DECREASE Operating Expenses GENERAL FUNDS $1,900,000 and DECREASE Operating Expenses FEDERAL FUNDS $1,707,152

    On page 11, line 10, DECREASE Operating Expenses GENERAL FUNDS $2,100,000 and DECREASE Operating Expenses FEDERAL FUNDS $1,387,061

    On page 11, line 17, DECREASE Operating Expenses GENERAL FUNDS $202,584

    On page 23, line 53, DECREASE Operating Expenses GENERAL FUNDS $50,000 and DECREASE Operating Expenses FEDERAL FUNDS $53,348

Adjust all totals accordingly.

DESCRIPTION: Department of Social Services, Department of Human Services - This amendment reduces the Medical and Adult Services, Children's Services, Behavioral Health Services, and Rehabilitation Services budgets based on updated projections showing caseloads being lower than previously anticipated.


    And that as so amended said bill do pass.

Respectfully submitted,
Justin R. Cronin, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

    Rep. Gosch moved that the report of the Standing Committee on

    Appropriations on HB 1208 as found on page 786 of the House Journal be adopted.

    Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1208: 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 second time.

    The question being "Shall HB 1208 pass as amended?"

    And the roll being called:

    Yeas 55, Nays 9, Excused 6, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bolin; Cronin; Deutsch; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kirschman; Klumb; Langer; Latterell; McCleerey; Mickelson; Munsterman; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish; Sly; Soli; Solum; Stalzer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Bordeaux; Brunner; Campbell; DiSanto; Kaiser; Killer; Marty; May; Russell

    Excused:
Conzet; Craig; Feickert; Hickey; Schoenbeck; Schrempp

    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. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1208 which has passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

    There being no objection, the House reverted to Order of Business No. 5.


REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1208 and finds the same correctly enrolled.

Respectfully submitted,

Dean Wink, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1208: 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.

    And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1110, 1208, and 1228 were delivered to his Excellency, the Governor, for his approval at 11:28 p.m., March 13, 2015.

Respectfully submitted,
Dean Wink, Chair

    Rep. Anderson moved that the House do now adjourn, which motion prevailed and at 11:32 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



^ Back to Top