The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of
Allegiance led by House pages Olivia Rasmussen and Leonard Red Hair.
Roll Call: All members present except Reps. Bordeaux, Kaiser, Munsterman, Schoenbeck,
and Schrempp who were excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the thirty-fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 9, 2016, I approved House Bills 1119, 1120, 1136,
and 1188, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Conference Committee respectfully reports that it has considered SB 44 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do not concur with the House amendments to SB 44 and do not
appoint a new committee.
Respectfully submitted, Respectfully submitted,
Timothy Johns Craig Tieszen
House Committee Chair Senate Committee Chair
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 82, 96, 131, and 168.
The Speaker appointed Reps. Solum, Haggar, and Hawks 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 1145.
Rep. Gosch moved that the report of the House Select Committee relative to the house
rules for the Ninety-second Legislative Session as found on page848 of the House Journal be
adopted.
The question being on Rep. Gosch's motion that the report of the House Select Committee
relative to the house rules for the Ninety-second Legislative Session be adopted.
And the roll being called:
Yeas 56, Nays 3, Excused 11, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Campbell; Craig; Dryden; Duvall; Feickert; Gibson; Gosch;
Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley; Heinemann (Leslie);
Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman; Klumb; Langer; May;
McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm;
Rasmussen; Ring; Romkema; Rounds; Rozum; Schoenfish; Sly; Soli; Solum; Stalzer;
Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund;
Speaker Wink
Nays:
Brunner; Marty; Russell
Excused:
Bordeaux; Conzet; Cronin; Deutsch; DiSanto; Kaiser; Latterell; Munsterman; Schaefer;
Schoenbeck; Schrempp
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
Rep. Stevens moved that the report of the Joint-Select Committee relative to making
arrangements for the legislative days for the Ninety-second Legislative Session as found on
page 849 of the House Journal be adopted.
Which motion prevailed.
The question being on Rep. Gosch's motion that the report of the Joint-Select Committee
relative to the Joint Rules for the Ninety-second Legislative Session be adopted.
And the roll being called:
Yeas 57, Nays 3, Excused 10, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Craig; Cronin; Dryden; Duvall; Feickert;
Gibson; Gosch; Greenfield (Lana); Haggar (Don); Harrison; Haugaard; Hawks; Hawley;
Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Johns; Killer; Kirschman;
Klumb; Langer; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge;
Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rozum; Schoenfish; Sly; Soli; Solum;
Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann;
Zikmund; Speaker Wink
Nays:
Marty; Rounds; Russell
Excused:
Bordeaux; Conzet; Deutsch; DiSanto; Kaiser; Latterell; Munsterman; Schaefer; Schoenbeck;
Schrempp
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1005, 1029, 1043,
1046, 1061, 1064, 1068, 1078, 1079, 1094, 1110, 1118, 1137, 1140, 1146, 1157, 1190, 1203,
1218, 1236, 1238, and 1244 were delivered to his Excellency, the Governor, for his approval
at 10:15 a.m., March 10, 2016.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1060, 1088, 1091, 1134, 1183, 1212, and 1242 and
finds the same correctly enrolled.
I have the honor to inform your honorable body that the Senate has appointed Sens. Peters,
Solano, and Frerichs 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 1145.
I have the honor to inform your honorable body that the Senate has appointed Sens. Peters,
Tidemann, and Buhl O'Donnell 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 1044.
The Speaker publicly read the title to
HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
South Dakota Board on Geographic Names.
HB 1088: FOR AN ACT ENTITLED, An Act to revise and consolidate certain civil
forfeiture provisions.
HB 1091: FOR AN ACT ENTITLED, An Act to establish certain requirements regarding
insurance for vehicles used to provide rides for a transportation network company and to exempt
vehicles used to provide these rides from certain commercial licensing requirements.
HB 1183: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
jurisdiction of magistrate courts to issue protection orders.
HB 1212: FOR AN ACT ENTITLED, An Act to revise requirements related to pregnancy
help centers
HB 1242: FOR AN ACT ENTITLED, An Act to authorize certain persons to request a
security freeze on the credit report of a protected consumer.
SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the Native
American achievement schools grant program and paraprofessional tuition assistance
scholarship program.
SB 26: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning sex
offender registration and to require an offender to notify of intended foreign travel.
SB 43: FOR AN ACT ENTITLED, An Act to increase the unemployment insurance
penalty for failure to pay contributions or make reports.
SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions of the building
South Dakota fund programs.
SB 49: FOR AN ACT ENTITLED, An Act to revise certain fees collected by the secretary
of state to make an appropriation for an online business registration and filing system, and to
declare an emergency.
SB 64: FOR AN ACT ENTITLED, An Act to revise the voting authority of an alderman.
SB 65: FOR AN ACT ENTITLED, An Act to revise the procedure for a municipal recall
petition.
SB 67: FOR AN ACT ENTITLED, An Act to establish a postsecondary scholarship grant
fund, to make an appropriation therefor, to transfer certain money, and to declare an emergency.
SB 72: FOR AN ACT ENTITLED, An Act to prohibit the abortion of an unborn child who
is capable of experiencing pain and to provide a penalty therefor.
SB 81: FOR AN ACT ENTITLED, An Act to create the paraprofessional tuition assistance
scholarship program.
SB 92: FOR AN ACT ENTITLED, An Act to continue a math pilot project at the South
Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an
emergency.
SB 100: FOR AN ACT ENTITLED, An Act to enhance South Dakota economic
development through broadband infrastructure improvements.
SB 104: FOR AN ACT ENTITLED, An Act to set the time period for when an agency may
promulgate rules.
SB 112: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax
increment districts.
SB 140: FOR AN ACT ENTITLED, An Act to eliminate life sentences for defendants
under the age of eighteen at the time of the crime.
SB 143: FOR AN ACT ENTITLED, An Act to require the Legislative Planning Committee
to implement a performance management review process.
SB 148: FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds
for the Michael J. Fitzmaurice Veterans Home and to declare an emergency.
SB 158: FOR AN ACT ENTITLED, An Act to revise provisions related to restitution in
cases involving juveniles and to declare an emergency.
SB 159: FOR AN ACT ENTITLED, An Act to provide a tax credit to insurance companies
that contribute to an organization providing educational scholarships to certain students.
SB 162: FOR AN ACT ENTITLED, An Act to create the State Board of Internal Control
and to declare an emergency.
SB 169: FOR AN ACT ENTITLED, An Act to revise provisions related to child
pornography and to revise the penalty therefor.
And signed the same in the presence of the House.
There being no objection, the House reverted to Order of Business No. 9.
Rep. Johns moved that the report of the Conference Committee on SB 44 as found on
page 858 of the House Journal be adopted and that no new committee be appointed.
The question being on Rep. Johns' motion that the report of the Conference Committee on
SB 44 be adopted and that no new committee be appointed.
Yeas 50, Nays 2, Excused 18, Absent 0
Yeas:
Beal; Bolin; Brunner; Campbell; Conzet; Craig; Duvall; Feickert; Gibson; Gosch; Greenfield
(Lana); Haggar (Don); Harrison; Haugaard; Hawks; Heinemann (Leslie); Holmes; Hunt; Johns;
Killer; Kirschman; Klumb; Langer; Marty; May; McCleerey; Mickelson; Novstrup (Al); Otten
(Herman); Peterson (Kent); Qualm; Rasmussen; Rounds; Rozum; Russell; Schoenfish; Sly;
Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen;
Wollmann; Speaker Wink
Nays:
Bartling; Hawley
Excused:
Anderson; Bordeaux; Cronin; Deutsch; DiSanto; Dryden; Hunhoff (Jean); Jensen (Alex);
Kaiser; Latterell; Munsterman; Partridge; Ring; Romkema; Schaefer; Schoenbeck; Schrempp;
Zikmund
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 and that no new committee be
appointed.
Rep. Gosch moved that the House do now recess until 2:00 p.m., which motion prevailed
and at 11:15 a.m., the House recessed.
There being no objection, the House reverted to Order of Business No. 4.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 10, 2016, I approved House Bills 1080, 1141, and
1163, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 10, 2016, I approved House Bills 1051, 1125,
1135, 1138, 1169, 1187, 1189, 1201, 1208, and 1213, and the same have been deposited in the
office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
The Conference Committee respectfully reports that it has considered HB 1145 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1145 be amended as follows:
The Conference Committee respectfully reports that it has considered HB 1044 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1044 be amended as follows:
I have the honor to inform your honorable body that the Senate has adopted the reports of
the Conference Committees on HB 1044 and 1145.
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-second
Legislative Session.
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-second
Legislative Session.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on SB 44.
I have the honor to transmit herewith SB 48 which has passed the Senate and your
favorable consideration is respectfully requested.
I have the honor to inform your honorable body that the Senate has appointed
Sens. Cammack, Brown, and Sutton as a committee of three on the part of the Senate to meet
with a like committee on the part of the House to wait upon his Excellency, the Governor, to
inform him 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.
I have the honor to inform your honorable body that the Senate has appointed Sens. Otten,
Soholt, and Sutton as a committee of three on the part of the Senate to meet with a like
committee on the part of the House pertaining to fixing the time of adjournment sine die for the
Ninety-first Legislative Session.
Rep. Gosch moved 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 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.
Which motion prevailed and the Speaker appointed as such committee Reps. Wink, Gosch,
and Hawley.
Rep. Gosch moved 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 pertaining to fixing the time of adjournment sine
die for the Ninety-first Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Wink, Gosch,
and Hawley.
Rep. Gosch moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Friday, March 11, the 37th legislative day.
Which motion prevailed.
Rep. Solum moved that the report of the Conference Committee on HB 1145 as found on
page 865 of the House Journal be adopted.
Rep. Hawks moved as a substitute motion that the House do not adopt the report of the
Conference Committee on HB 1145 as found on page 865 of the House Journal and do not
appoint a new committee.
The question being on Rep. Hawks' substitute motion to not adopt the report of the
Conference Committee on HB 1145 and to not appoint a new committee.
And the roll being called:
Yeas 18, Nays 45, Excused 7, Absent 0
Yeas:
Anderson; Bartling; Bolin; Brunner; Campbell; Feickert; Gibson; Greenfield (Lana); Hawks;
Hawley; Johns; Killer; Kirschman; Klumb; McCleerey; Ring; Rozum; Soli
Nays:
Beal; Conzet; Craig; Cronin; DiSanto; Dryden; Duvall; Gosch; Haggar (Don); Harrison;
Haugaard; Heinemann (Leslie); Holmes; Hunhoff (Jean); Hunt; Jensen (Alex); Langer; Marty;
May; Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Qualm;
Rasmussen; Romkema; Rounds; Russell; Schaefer; Schoenfish; Sly; Solum; Stalzer; Steinhauer;
Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker
Wink
Excused:
Bordeaux; Deutsch; Kaiser; Latterell; Munsterman; Schoenbeck; Schrempp
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. Solum's motion that the report of the Conference Committee
on HB 1145 be adopted.
And the roll being called:
Yeas 44, Nays 19, Excused 7, Absent 0
Nays:
Anderson; Bartling; Bolin; Brunner; Campbell; Feickert; Gibson; Greenfield (Lana); Hawks;
Hawley; Johns; Killer; Kirschman; Klumb; McCleerey; Qualm; Ring; Romkema; Soli
Excused:
Bordeaux; Deutsch; Kaiser; Latterell; Munsterman; 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. Mickelson moved that the report of the Conference Committee on HB 1044 as found
on page 865 of the House Journal be adopted.
The question being on Rep. Mickelson's motion that the report of the Conference
Committee on HB 1044 be adopted.
And the roll being called:
Yeas 44, Nays 19, Excused 7, Absent 0
Yeas:
Anderson; Beal; Bolin; Conzet; Cronin; Dryden; Duvall; Gibson; Gosch; Haggar (Don);
Harrison; Haugaard; Hawley; Holmes; Hunhoff (Jean); Jensen (Alex); Johns; Klumb; Langer;
Mickelson; Novstrup (Al); Otten (Herman); Partridge; Peterson (Kent); Rasmussen; Ring;
Romkema; Rounds; Rozum; Schoenfish; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson;
Verchio; Werner; Westra; Willadsen; Wollmann; Zikmund; Speaker Wink
Nays:
Bartling; Brunner; Campbell; Craig; DiSanto; Feickert; Greenfield (Lana); Hawks; Heinemann
(Leslie); Hunt; Killer; Kirschman; Marty; May; McCleerey; Qualm; Russell; Schaefer; Wiik
Excused:
Bordeaux; Deutsch; Kaiser; Latterell; Munsterman; 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.
SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2016.
Was read the first time and the Speaker waived the referral to the standing committee
pursuant to Joint Rule 6D-1.
SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2016.
Was read the second time.
The question being "Shall SB 48 pass as amended?"
And the roll being called:
Yeas 58, Nays 5, Excused 7, Absent 0
Yeas:
Anderson; Bartling; Beal; Bolin; Campbell; Conzet; Craig; Cronin; DiSanto; 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; May; McCleerey; Mickelson; Novstrup (Al); Otten (Herman); Partridge;
Peterson (Kent); Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Schaefer; Schoenfish;
Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Werner; Westra; Wiik; Willadsen;
Wollmann; Zikmund; Speaker Wink
Nays:
Brunner; Haugaard; Marty; Russell; Verchio
Excused:
Bordeaux; Deutsch; Kaiser; Latterell; Munsterman; 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. 5.
The Committee on Legislative Procedure respectfully reports that HB 1060, 1088, 1091,
1134, 1183, 1212, and 1242 were delivered to his Excellency, the Governor, for his approval
at 2:00 p.m., March 10, 2016.
The Speaker publicly read the title to
SB 82: FOR AN ACT ENTITLED, An Act to establish the Native American achievement
schools grant program.
SB 96: FOR AN ACT ENTITLED, An Act to revise the expense reimbursement for
members of the Board of Pardons and Paroles.
SB 131: FOR AN ACT ENTITLED, An Act to establish a target teacher salary and a target
teacher ratio, to revise certain provisions regarding education funding, to create the School
Finance Accountability Board, and to provide for certain school district reporting and penalties.
SB 168: FOR AN ACT ENTITLED, An Act to revise provisions related to human
trafficking and to provide a penalty therefor.
And signed the same in the presence of the House.
Rep. Anderson moved that the House do now adjourn, which motion prevailed and at
2:56 p.m. the House adjourned.