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House of Representatives Journal 3/29/2016 11:00 AM

JOURNAL OF THE HOUSE

NINETY-FIRST SESSION




THIRTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 29, 2016

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

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by House pages Layna Darling, Clayton Keck, and Mindy Ravnass.

    Roll Call: All members present except Reps. Conzet, Craig, Munsterman, Rounds, and Verchio 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 11, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 11, 2016, I approved House Bill 1182, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 14, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 14, 2016, I approved House Bills 1042, 1045, 1099, 1132, 1153, 1167, 1177, 1204, and 1243, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 15, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 15, 2016, I approved House Bills 1029, 1043, 1046, 1061, 1064, 1068, 1078, 1127, 1134, and 1183, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor


March 16, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 16, 2016, I approved House Bills 1079, 1094, 1110, 1118, 1137, 1140, 1146, 1157, 1190, and 1238, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 21, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 21, 2016, I approved House Bill 1203, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 22, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 22, 2016, I approved House Bills 1091, 1212, 1236, 1242, and 1244, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 25, 2016

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 25, 2016, I approved House Bills 1005, 1044, 1060, 1088, 1145, and 1218, 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 approved SB 64 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 620 of the Senate Journal.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 64.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approved SB 65 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 621 of the Senate Journal.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 65.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has sustained the veto of the Governor on SB 96.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has passed SB 100 over the veto of the Governor. The veto message of the Governor is found on page 622 of the Senate Journal.

    We hereby request your favorable consideration in passing SB 100, the veto of the Governor notwithstanding.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has passed SB 136 over the veto of the Governor. The veto message of the Governor is found on page 623 of the Senate Journal.


    We hereby request your favorable consideration in passing SB 136, the veto of the Governor notwithstanding.

Respectfully,
Kay Johnson, Secretary

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 64 as found on page 620 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall the recommendation of the Governor as to change of style and form of SB 64 be approved?"

    And the roll being called:

    Yeas 7, Nays 57, Excused 6, Absent 0

    Yeas:
Bartling; Feickert; Hawley; Kirschman; McCleerey; Ring; Schrempp

    Nays:
Anderson; Beal; Bolin; Bordeaux; Brunner; Campbell; Cronin; Deutsch; DiSanto; Dryden; Duvall; Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Kaiser; Killer; Klumb; Langer; Latterell; Marty; May; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Romkema; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Excused:
Conzet; Craig; Hawks; Munsterman; Rounds; Verchio

    So the question not having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form lost.

    The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 65 as found on page 621 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall the recommendation of the Governor as to change of style and form of SB 65 be approved?"


    And the roll being called:

    Yeas 57, Nays 8, Excused 5, Absent 0

    Yeas:
Anderson; Bartling; Beal; Bordeaux; Brunner; Campbell; Cronin; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield (Lana); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; McCleerey; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Bolin; Deutsch; Haggar (Don); Kaiser; Latterell; Marty; May; Mickelson

    Excused:
Conzet; Craig; Munsterman; Rounds; Verchio

    So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

    The House proceeded to the reconsideration of SB 100 pursuant to the veto of the Governor and the veto message found on page 622 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall SB 100 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 43, Nays 22, Excused 5, Absent 0

    Yeas:
Bartling; Bolin; Bordeaux; Brunner; Cronin; Deutsch; Duvall; Feickert; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Heinemann (Leslie); Hunt; Killer; Kirschman; Klumb; Langer; Marty; May; McCleerey; Otten (Herman); Partridge; Peterson (Kent); Rasmussen; Ring; Rozum; Schaefer; Schoenfish; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink

    Nays:
Anderson; Beal; Campbell; DiSanto; Dryden; Gibson; Hawks; Hawley; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Kaiser; Latterell; Mickelson; Novstrup (Al); Qualm; Romkema; Russell; Schoenbeck; Schrempp; Sly

    Excused:
Conzet; Craig; Munsterman; Rounds; Verchio


    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost, sustaining the Governor's veto.

    The House proceeded to the reconsideration of SB 136 pursuant to the veto of the Governor and the veto message found on page 623 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being "Shall SB 136 pass, the veto of the Governor notwithstanding?"

    And the roll being called:

    Yeas 37, Nays 28, Excused 5, Absent 0

    Yeas:
Bartling; Bolin; Bordeaux; Brunner; Campbell; Deutsch; Feickert; Gibson; Greenfield (Lana); Harrison; Hawks; Hawley; Heinemann (Leslie); Holmes; Hunt; Kaiser; Killer; Kirschman; Klumb; Marty; McCleerey; Mickelson; Otten (Herman); Rasmussen; Ring; Russell; Schoenbeck; Schoenfish; Schrempp; Soli; Solum; Stalzer; Steinhauer; Werner; Wiik; Willadsen; Zikmund

    Nays:
Anderson; Beal; Cronin; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Haugaard; Hunhoff (Jean); Jensen (Alex); Johns; Langer; Latterell; May; Novstrup (Al); Partridge; Peterson (Kent); Qualm; Romkema; Rozum; Schaefer; Sly; Stevens; Tulson; Westra; Wollmann; Speaker Wink

    Excused:
Conzet; Craig; Munsterman; Rounds; Verchio

    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill lost, sustaining the Governor's veto.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MR. SPEAKER:

    Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Ninety-first Legislative Session.

Respectfully submitted,    Respectfully submitted,
Dean Wink    Gary Cammack
Brian Gosch    Corey Brown
Spencer Hawley    Billie Sutton
House Committee    Senate Committee



    Rep. Gosch moved that the report of the Joint-Select Committee relative to informing the Governor that the Legislature has completed its labors and is ready to ascertain if he has any further communications to make to the Legislature be adopted.

    Which motion prevailed.


Also MR. SPEAKER:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Ninety-first Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 1:08 p.m., March 29, 2016.

Respectfully submitted,    Respectfully submitted,
Dean Wink    Ernie Otten
Brian Gosch    Deb Soholt
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

    Rep. Gosch moved that the report of the Joint-Select Committee relative to fixing the time to adjourn sine die be adopted.

    Which motion prevailed.

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 informing his Excellency, the Governor, that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. SPEAKER:

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


Respectfully,
Kay Johnson, Secretary


    The following prayer was offered by Chaplain, Larry Cass.

    God, as the 2016 session of the House closes, may all Representatives go home knowing that they have run the race well and that the actions of this legislative session set a good course for the next year. As you leave today, may you know that you have provided a good and needed service for the state of South Dakota. For those of you who are facing term limits, you can leave with a feeling of success for the years served. Your efforts are appreciated. We pray for good, dedicated individuals to serve as your replacements. For those of you who will be returning next year, we thank you for your dedication to the duties you will be carrying out. We pray that if a special session is required this summer, it will be a productive session that will serve the needs of this state and its citizens in a positive and efficient way. We pray for safe travels as you return to your homes. Amen.

    Rep. Anderson moved that the House do now adjourn sine die, which motion prevailed and at 1:08 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

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